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Backup Docs 02/14/2012 (CR)ITEM #: BCC DATE: --� —� 6A BY: HillerGeorgia - - From: Bacot, Brett [Brett.Bacot @fowlerwhite.com] Sent: Monday, February 13, 2012 3:31 PM To: HillerGeorgia Subject: RE: Legislative Update Hello Commissioner Hiller, Sorry for the delay! HB 107 Special Districts has passed all committee assignments and is on 2nd reading on the House Floor. Bills are typically introduces 3 times on the floor before final passage. Once HB 107 is placed on the Special Order calendar, it will be read a 2nd time and possibly amended and then it will be placed on final passage shortly thereafter. The bill has not been placed on Special Order in the House this week as of yet. The Senate bill, SB 192, is in the Senate Budget Committee, but not on the agenda for their Wed. meeting. They are meeting Thursday as well, but the agenda has not been released yet. Thank you. - - - -- Original Message---- - From: HillerGeorgia [ mailto :GeoreiaHillerfacolliereov.net1 Sent: Saturday, February 11, 2012 7:46 AM To: Bacot, Brett Subject: Re: Legislative Update Brett, What's up with the special districts consolidation bill? Georgia Hiller Commissioner, District 2 On Feb 10, 2012, at 6:42 PM, "Bacot, Brett" <Brett.Bacot(afowlerwhite.com> wrote: > Please see the attached file for this week's legislative update. Thank you. > rcid: image003 .ipg(@OICCE823.AEC5CDC01 > Brett Bacot > Fowler White Boggs P.A. > 101 N. Monroe Street, Suite 1090 > Tallahassee, Florida 32301 > Direct: 850 681 4269 > Fax: > www.fowlerwhite. com<http: / /www.fowlerwhite.com> > ------------------------------------------------------------------------------------------- ---------------- > Disclaimer under IRS Circular 230: Unless expressly stated otherwise in this transmission, nothing contained in this message is intended or written to be used, nor may it be relied upon or used, (1) by any taxpayer for the purpose of avoiding penalties that may be imposed 6A on the taxpayer under the Internal Revenue Code of 1986, as amended and /or (2) by any person to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed in this message. > If you desire a formal opinion on a particular tax matter for the purpose of avoiding the imposition of any penalties, we will discuss the additional Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and additional fees involved. > ------------------------------------------------------------------------------------- - - - - -- ---------------- > Confidentiality Disclaimer: This e-mail message and any attachments are private communication sent by a law firm, Fowler White Boggs P.A., and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. Thank you. > <image003.jpg> > <Local Govt 3 2- 10- 12.pdf> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 i HillerGeorgia 6A I.. I From: Bacot, Brett [Brett.Bacot @fowlerwhite.com] Sent: Monday, February 13, 2012 4:24 PM To: HillerGeorgia Subject: RE: Legislative Update Attachments: SB 192 Special Districts Analysis.pdf Both bill were amended at the last committee stop and now appear to be matching. I haven't had the chance to read through both, but I have attached a staff analysis of SB 192 reflecting the adopted amendments at the last committee stop matching the House bill. - - - -- Original Message---- - From: HillerGeorgia fmailto :GeorgiaHiller(@colliergov.netl Sent: Monday, February 13, 2012 4:08 PM To: Bacot, Brett Subject: Re: Legislative Update I heard both were amended to match eachother - do you know how? Georgia Hiller Commissioner, District 2 On Feb 13, 2012, at 3:31 PM, "Bacot, Brett" <Brett.Bacot(o)fowlerwhite.com> wrote: > Hello Commissioner Hiller, > Sorry for the delay! > HB 107 Special Districts has passed all committee assignments and is on 2nd reading on the House Floor. Bills are typically introduces 3 times on the floor before final passage. Once HB 107 is placed on the Special Order calendar, it will be read a 2nd time and possibly amended and then it will be placed on final passage shortly thereafter. The bill has not been placed on Special Order in the House this week as of yet. > The Senate bill, SB 192, is in the Senate Budget Committee, but not on the agenda for their Wed. meeting. They are meeting Thursday as well, but the agenda has not been released yet. > Thank you. > - - - -- Original Message---- - > From: HillerGeorgia fmailto :GeorgiaHiller @colliereov.netl > Sent: Saturday, February 11, 2012 7:46 AM > To: Bacot, Brett > Subject: Re: Legislative Update > Brett, > What's up with the special districts consolidation bill? > Georgia Hiller > Commissioner, District 2 > On Feb 10, 2012, at 6:42 PM, "Bacot, Brett" <Brett.Bacot(@fowlerwhite.com> wrote: >> Please see the attached file for this week's legislative update. Thank you. 1 >> » fcid: image003 .jpg(@01CCE823.AEC5CDC01 6A >> Brett Bacot >> Fowler White Boggs P.A. >> 101 N. Monroe Street, Suite 1090 >> Tallahassee, Florida 32301 >> Direct: 850 681 4269 >> Fax: >> www.fowlerwhite. com<http: / /www.fowlerwhite.com> >> ------------------------------------------------------------------------------------------ ----------------- >> Disclaimer under IRS Circular 230: Unless expressly stated otherwise in this transmission, nothing contained in this message is intended or written to be used, nor may it be relied upon or used, (1) by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended and /or (2) by any person to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed in this message. >> If you desire a formal opinion on a particular tax matter for the purpose of avoiding the imposition of any penalties, we will discuss the additional Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and additional fees involved. >> ------------------------------------------------------------------------------------------ ----------------- >> Confidentiality Disclaimer: This e-mail message and any attachments are private communication sent by a law firm, Fowler White Boggs P.A., and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. Thank you. >> <image003.jpg> >> <Local Govt 3 2- 10- 12.pdf> > Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 The Florida Senate 6A BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Budget Subcommittee on Finance and Tax BILL: CS /SB 192 INTRODUCER: Senator Bennett SUBJECT: Special Districts DATE: February 1, 2012 REVISED: ANALYST 1. Toman 2. Babin 3. 4. 5. 6. STAFF DIRECTOR REFERENCE Yeatman CA Diez- Arguelles FT Favorable Fav /CS ACTION Please see Section Vlll. for Additional Information: A. COMMITTEE SUBSTITUTE..... a Statement of Substantial Changes B. AMENDMENTS ........................ F-1 Technical amendments were recommended Amendments were recommended Significant amendments were recommended I. Summary: This committee substitute ( "the bill ") significantly amends statutory provisions relating to the dissolution and merger of special districts, both voluntarily and involuntarily. Dependent Special Districts — This bill provides that a merger or dissolution of a dependent district may be accomplished by ordinance of the general - purpose local government where the district is located, but that mergers or dissolutions of dependent special districts operating pursuant to a special act can only be accomplished by further legislative action. Independent Special Districts — Dissolutions— This bill provides that for voluntary dissolutions of independent special districts operating pursuant to a special act, the dissolution may be effectuated only by the Legislature. For all other dissolutions of independent special districts operating pursuant to a special act, a special act dissolving the district must be approved by a referendum. The bill provides, however, that if the district meets the requirements for being considered "inactive," no referendum is needed. BILL: CS /SB 192 6A Page 2 Independent Special Districts — Mergers— This bill creates a new procedure that allows two or more contiguous independent special districts with similar functions and governing bodies that were created by special act of the Legislature to voluntarily merge prior to a special act merging them. The bill allows merger proceedings to be initiated either by joint resolution of the governing bodies of each district or by a petition signed by 40 percent or more of the qualified electors in each district. The bill requires independent special districts that are merging to adopt a merger plan that outlines the specific components for the proposed merger which shall be subject to a public hearing and a voter referendum. The bill states that a voluntary merger under the new procedure preempts any special act to the contrary, but that the procedure does not apply to independent special districts whose governing bodies are elected by district landowners voting the acreage owned within the district. The bill also repeals current statutory provisions addressing the merger of independent special fire control districts. In addition, it allows the Department of Economic Opportunity to declare a special district inactive if the district's governing body unanimously adopts a resolution declaring inactivity. This bill substantially amends sections 189.4042, 191.014, and 189.4044 of the Florida Statutes. II. Present Situation: Special Districts Special Districts are governed by the Uniform Special District Accountability Act of 1989 in Chapter 189, F.S.I A "special district" is a confined local government unit established for a special purpose.2 A special district can be created by general law, special act, local ordinance, or by rule of the Governor and Cabinet.3 A special district does not include: • A school district, • A community college district, • A special improvement district (Seminole and Miccosukee Tribes under s. 285.17, F.S.), • A municipal service taxing or benefit unit (MSTU/MSBU), or • A political subdivision board of a municipality providing electrical service.4 Special districts have similar governing powers and restrictions as counties and municipalities.5 Like other forms of local government, special districts operate through a governing board and can "enter contracts, employ workers ... issue debt, impose taxes, levy assessments and ... ' Ch. 189, F.S., see s. 189.401, F.S. '` Section 189.403(1), F.S. 3 Id. 4 id 5 Mizany, Kimia and April Manatt, WHAT'S SO SPECIAL ABOUT SPECIAL DISTRICTS? CITIZENS GUIDE TO SPECIAL DISTRICTS IN CALIFORNIA, 3rd ed., 2 (Feb. 2002). M, BILL: CS /SB 192 Page 3 charge fees for their services. "6 Special districts are held accountable to the public and are therefore subject to public sunshine laws and financial reporting requirements. There are two types of special districts in Florida: dependent special districts and independent special districts. With some exceptions, dependent special districts are districts created by individual counties and municipalities. Dependent special districts must meet at least one of the following classifications: • The membership of its governing body is identical to the governing body of a single county or municipality. • All members of its governing body are appointed by the governing body of a single county or municipality. • During their unexpired terms, members of the special district's governing body are subject to removal at will by the governing body of a single county or municipality. • The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or municipality.8 An independent special district is a district that does not meet any of the statutory classifications of a dependent special district.9 Independent special districts may encompass more than one county. 10 The public policy behind special districts is to provide an alternative governing method to "manage, own, operate, construct and finance basic capital infrastructure, facilities and services. "II The Special District Information Program The Special District Information Program (SDIP), administered by the Division of Community Development in the Department of Economic Opportunity (DEO or Department), is designed to collect, ulpdate, and share detailed information on Florida's special districts with state and local agencies. 2 The Department also maintains an official master list of the individual functions and status of all the dependent and independent special districts throughout the state. 13 As of January 2012, there were 1,636 special districts in the state of Florida: 630 dependent districts and 1,006 independent districts. 14 Examples of special districts in Florida include, but are not limited to, 6 Id. (alteration to original) (citation omitted). 7 Presentation by Jack Gaskins Jr., from the Division of Community Development in the Department of Economic Opportunity, SPECIAL DISTRICT BASICS PRESENTATION (October 4, 2011) (on file with the Senate Committee on Community Affairs). See also ss. 189.417 and 189.418, F.S. 5 Section 189.403(2)(a) -(d), F.S. 9 Section 189.403(3), F.S. 10 Id " Section 189.402(4)(a), F.S. 12 Florida Department of Economic Opportunity, Special Districts Information Program (available online at http: / /www. floridaj obs.org/community- planning- and- development/assistance- for - governments- and - organizations /special- district- information - program) (last visited on January 19, 2011). 13 Sections 189.412(2) and 189.403 5, F.S. See also Florida Department of Economic Opportunity, Official List of Special Districts Online, (available online at http: / /dca.deo.myflorida.com /fhed /sdip /OfficialListdeo /index cfm) (last visited on January 25, 2011). 14 Florida Department of Economic Opportunity, Special Districts Information Program (available online at http: / /dca.deo. mvflorida. com /fhcd/ sdip /OfficialListdeo /StateTotals cfm) (last visited on January 25, 2012). BILL: CS /SB 192 ba Page 4 water management districts, community development districts, housing authority districts, fire control and rescue districts, mosquito control districts, and transportation districts. 15 Current Merger and Dissolution Procedures Section 189.4042, F.S., specifies the requirements for the merger or dissolution of a special district. This section provides that the merger or dissolution of a special district "created and operating pursuant to a special act may only be effectuated by the Legislature unless otherwise provided by general law." 16 Florida Statutes currently do not provide statutory guidelines to facilitate the merger of independent special districts prior to a Legislative Act. An independent special district that is created by a county or municipality can be merged or dissolved by the county or municipality that created the special district pursuant to the same procedures in which the special district was created. "However, for any independent special district that has ad valorem taxation powers, the same procedure required to grant such independent special district ad valorem taxation powers shall also be required to dissolve or merge the district. "17 An independent special district created by a county or municipality through a referendum that has been declared inactive, may be dissolved bl the creating county or municipality after publishing notice pursuant to s. 189.4044, F.S. 8 Inactive Special Districts Section 189.4044, F.S., outlines special procedures for inactive special districts. Paragraph (1)(a), of this section requires DEO to declare a special district to be inactive if it meets at least one of the following four criteria: 1) The registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general - purpose government notifies the department in writing that the district has taken no action for 2 or more years; 2) Following an inquiry from the department, the registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general - purpose government notifies the department in writing that the district has not had a governing board or a sufficient number of governing board members to constitute a quorum for 2 or more years or the registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general - purpose government fails to respond to the department's inquiry within 21 days; 3) The department determines, pursuant to s. 189.421, F.S., that the district has failed to file any of the reports listed in s. 189.419, F.S.; or 4) The district has not had a registered office and agent on file with the department for 1 or more years. 19 15 Id 16 Section 189.4042(2), F.S. 17 Id. 18 Id. 19 Section 189.4044(1)(a), F.S. BILL: CS /SB 192 6A Page 5 After proposing a special district to be inactive, DEO, the special district, or the local general - purpose government must publish a notice of the proposed declaration of inactive status in a newspaper of general circulation in the county or municipality where the territory of the special district is located .20 The entity must allow 21 days from the date of publication for administrative appeals to be filed .21 Thereafter, the entity that created the special district declared to be inactive must dissolve the special district by repealing its enabling laws or by other appropriate means. 22 If the inactive special district was created by a special act of the Legislature, then DEO must send a notice of declaration of inactive status to the Speaker of the House of Representatives and the President of the Senate, and the notice must reference each special act creating or amending the charter of any special district declared to be inactive. This notice shall constitute sufficient notice under Article III, section 10, of the Florida Constitution, authorizing the Legislature to repeal any special laws so reported in the notice of declaration of inactive status.23 Oversight Review Process Section 189.428, F.S., provides a process for the review of special districts ( "oversight review process "). The oversight review process is performed in conjunction with the special district's public facilities report and the local governmental evaluation and appraisal report prescribed in ss. 189.415(2) and 163.319 1, F.S.24 Depending upon whether the independent special district is a single- or multi - county district, the oversight review may be conducted by the county or municipality where the special district is located, or by the government that created the special district. 25 During the oversight review process, the reviewing authority evaluates the special district, considering, at a minimum, the following criteria: • The degree to which current services are essential or contribute to the well -being of the community; • The extent of continuing need for current services; • Current or possible municipal annexation or incorporation and its impact on the delivery of district services; • Whether there is a less costly alternative method of delivering the services that would adequately provide district services to district residents; and • Whether the transfer of services would jeopardize the district's existing contracts.zb The reviewing authority's final oversight report must be filed with the government that created the district, and serves as a basis for any modification, dissolution or merger of the district.27 If a 20 Section 189.4044(1)(b), F.S. 21 Section 189.4044(1)(c), F.S. 22 Section 189.4044(4), F.S. 23 Section 189.4044(3), F.S. 24 Section 189.428(2), F.S. 25 Section 189.428(3), F.S. Note: dependent special districts are reviewed by the local government entity that they are dependent upon, see s. 189.428(3) (a), F.S. 26 See s. 189.428(5) (a) -(i), F.S., for a full list of the statutory criteria that is evaluated during the oversight review process. 27 Section 189.428(7), F.S. 6A BILL: CS/SB 192 Page 6 legislative dissolution or merger is proposed in the final report, subsection (8) of s. 189.428, F.S., further provides that: (8) . . . the reviewing government shall also propose a plan for the merger or dissolution, and the plan shall address the following factors in evaluating the proposed merger or dissolution: a) Whether, in light of independent fiscal analysis, level-of-service implications, and other public policy considerations,the proposed merger or dissolution is the best alternative for delivering services and facilities to the affected area. b) Whether the services and facilities to be provided pursuant to the merger or dissolution will be compatible with the capacity and uses of existing local services and facilities. c) Whether the merger or dissolution is consistent with applicable provisions of the state comprehensive plan,the strategic regional policy plan, and the local government comprehensive plans of the affected area. d) Whether the proposed merger adequately provides for the assumption of all indebtedness.28 The final report must also be considered at a public hearing in the affected jurisdiction and adopted by the governing board.29 Thereafter,the adopted plan for merger or dissolution can be filed as an attachment to the economic impact statement regarding the proposed special act or general act of local application dissolving a district.30 The oversight review process does not apply to deepwater ports, airport authorities, or healthcare districts operating in compliance with other master plan requirements under Florida Statutes.31 Senate Interim Project,Interim Report 2011-210 The Senate Committee on Communitii Affairs conducted an interim report on the merger of independent special districts in 2010. 2 The purpose of this interim report was to explore potential statutory guidelines for voluntary independent special district mergers and consolidations. The report reviewed current Florida law and existing merger and consolidation laws in three other states and discussed previous merger attempts that have failed in Florida. Senate staff provided criteria for the Legislature to consider should it choose to adopt statutory guidelines that would allow independent special districts formed under special law to voluntarily merge prior to a Legislative Act. Staff recommended that any adopted statutory criteria should: • Discuss how mergers can be initiated, i.e. by resolution,voters, etc.; • State the required statutory thresholds to approve or petition a merger; 28 Section 189.428(8),F.S. 29 Section 189.428(8),F.S.(flush language) 30 Id. 31 Section 189.428(9),F.S.(Discussing deepwater ports operating in compliance with a port master plan under s. 163.3178(2)(k),airport authorities operating in compliance with the Federal Aviation Administration approved master plan,and special districts organized to provide health systems and facilities licensed under chapters 395,400,and 429,F.S.). 32 Comm.on Community Affairs,The Florida Senate, The Merger of Independent Special Districts(Interim Report 2011- 210)(Oct.2010). BILL: CS /SB 192 PbA Require special districts to adopt a merger plan that evaluates how personnel and governing board changes will be made, how assets and liabilities will be apportioned, and how to standardize varying pay levels and benefits; Only apply to voluntary special district mergers; and Preclude special districts from exceeding the powers granted to them in their existing special acts until a unified charter is adopted by the Legislature. 33 III. Effect of Proposed Changes: Section 1 amends s. 189.4042, F.S., to provide definitions, and to reorganize the provisions relating to dissolutions and mergers of special districts. The bill maintains current law with regard to the merger and dissolution of dependent special districts. The bill provides that a merger or dissolution of a dependent district may be accomplished by ordinance of the general - purpose local government where the district is located, but that mergers or dissolutions of dependent special districts operating pursuant to a special act can only be accomplished by further legislative action. 34 Currently, s. 189.4042, F.S., provides that the process to merge or dissolve an independent special district depends upon the process used to create the district; districts that were created by special act are merged or dissolved by further legislative action, while districts that were created by a county or municipality are generally merged or dissolved by the same process used to create the district. 35 This bill amends and reorganizes these provisions to distinguish provisions relating to voluntary mergers and dissolutions from the provisions relating to other mergers and dissolutions. With respect to voluntary dissolutions of independent special districts, the bill retains the current statutory standard providing that an independent special district created and operating pursuant to a special act may be dissolved only by the Legislature. With respect to other - than - voluntary dissolutions of independent special districts operating pursuant to a special act, the bill provides that a special act dissolving the district must be approved in a referendum in the same manner in which the governing body of the district is elected. For other - than - voluntary dissolutions of independent special districts created by a county or municipality, the county or municipality that created the district may dissolve the district by the same procedure used to create the district. With respect to voluntary mergers, the bill creates a new subsection (5) in order to: • Allow two or more contiguous independent special districts with similar functions and governing bodies that were created by the Legislature to voluntarily merge prior to a special act. • Allow merger proceedings to be initiated either by joint resolution of the governing bodies of each district or by qualified elector initiative. 33 id. 34 Section 189.4042(1), F.S. 35 Section 189.4042(2), F.S. TO BILL: CS /SB 192 Page 8 • Require independent special districts to adopt a merger plan that outlines the specific components for the proposed merger. • Require the proposed merger plan to be subject to a public hearing and voter referendum, consistent with certain notice requirements under Florida Statutes. • Provide election procedures and require a proposed merger to be approved by the majority of votes cast in each independent special district in order for merger to take effect. • Treat each component independent special district of the merger as a subunit of the merged independent special district until such time as the Legislature formally approves the unified charter of the new merged district pursuant to special act. o During such time, the individual subunits shall be limited to the powers and financing capabilities of each subunit as they previously existed prior to merger.36 • Provide for the transfer of assets, debts and liabilities of each component independent special district to the merged independent special district. • Provide that in any action or proceeding pending on the effective date of merger to which a component independent special district is a party, the merged independent special district shall be substituted in its place. • Provide that ch. 171, F.S., shall continue to apply to all annexations by a city within the component independent special district's boundaries after merger occurs. Outline the effect of merger on current employees and governing bodies of each component independent special district participating in the merger proposal. • Provide that the merged independent special district is authorized to continue or conclude property tax procedures under chapter 200 on behalf of the component districts. Furthermore, the bill provides that all property tax calculations required by chapter 200 must be calculated separately for each component district. • Provide that the provisions addressing voluntary independent special district mergers do not apply to independent special districts whose governing bodies are elected by district landowners voting the acreage owned within the district. Provide that the new statutory provisions relating to voluntary mergers of independent special districts preempt any special act to the contrary. With respect to involuntary mergers of independent special districts, the bill provides that the merger of districts created by special act is not effective until a special act of the Legislature is approved at separate referenda of the affected local governments, and that districts created by county or municipality can be merged by referendum or other procedure by which the districts were created. The bill provides that inactive districts can be dissolved by special act without referenda, and also makes clarifying amendments to current law. Section 2 amends s. 191.014, F.S., to delete current subsection (3), which provides specific merger procedures for independent special fire control districts. 36 Art. V[I, section 2 of the Florida Constitution provides that all ad valorem taxation shall be at a uniform rate within each taxing unit. Limiting the powers of subunits to those powers existing prior to a voluntary merger maintains this uniformity. BILL: CS /S13 192 6A Page 9 Section 3 amends s. 189.4044, F.S., to allow DEO to declare a special district inactive if the district's governing body unanimously adopts a resolution declaring inactivity. The district may then be dissolved without a referendum. Section 4 provides that this act shall take effect July 1, 2012. IV. Constitutional Issues: A. Municipality /County Mandates Restrictions: None. B. Public Records /Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. Other Constitutional Issues: V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: As a result of this bill, qualified electors residing in an independent special district that is created by a special act of the Legislature will be permitted to initiate voluntary merger proceedings with one or more independent special district(s) by filing a petition with the governing body of each independent special district proposing to be merged. C. Government Sector Impact: As a result of this bill, the governing body of an independent special district that is created by a special act of the Legislature will be authorized to initiate voluntary merger proceedings with one or more independent special district(s) through a joint resolution that is approved by a majority of the governing board members of each independent special district proposing to be merged. This bill may affect how districts are reported under the Special District Information Program within DEO. VI. Technical Deficiencies: None. BILL: CS /SB 192 VII. Related Issues: None. VIII. Additional Information: A. Committee Substitute — Statement of Substantial Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) Page A age 1 CS by Budget Subcommittee on Finance and Tax on February 1, 2012: • Provides that after a merger, the merged independent special district may continue chapter 200 procedures on behalf of the component districts and that property tax calculations under chapter 200 are to be made separately for each component district. • Clarifies the provisions of the bill dealing with procedures for other -than- voluntary dissolutions and mergers. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill's introducer or the Florida Senate. 1 2 3 4 5 6 7 8 9 10 11 12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 LEGISLATIVE ACTION Senate Comm: RCS 02/01/2012 COMMITTEE AMENDMENT 6 House The Committee on Budget Subcommittee on Finance and Tax (Gardiner) recommended the following: Senate Amendment (with title amendment) Delete everything after the enacting clause and insert: Section 1. Section 189.4042, Florida Statutes, is amended to read: 189.4042 Merger and dissolution procedures. — (1) DEFINITIONS. —As used in this section, the term: (a) "Component independent special district" means an independent special district that proposes to be merged into a merged independent district, or an independent special district as it existed before its merger into the merged independent 1/31/2012 3:18:59 PM Page 1 of 32 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 13 district of which it is now a part. 14 (b) "Elector- initiated merger plan" means the merger plan 15 of two or more independent special districts, a majority of 16 whose qualified electors have elected to merge, which outlines 17 the terms and agreements for the official merger of the 18 districts and is finalized and approved by the governing bodies 19 of the districts pursuant to this section. 20 (c) "Governing body" means the governing body of the 21 independent special district in which the general legislative, 22 governmental, or public powers of the district are vested and by 23 authority of which the official business of the district is 24 conducted. 25 (d) "Initiative" means the filing of a petition containing 26 a proposal for a referendum to be placed on the ballot for 27 election. 28 (e) "Joint merger plan" means the merger plan that is 29 adopted by resolution of the governing bodies of two or more 30 independent special districts that outlines the terms and 31 agreements for the official merger of the districts and that is 32 finalized and approved by the governing bodies pursuant to this 33 section. 34 (f) "Merged independent district" means a single 35 independent special district that results from a successful 36 merger of two or more independent special districts pursuant to 37 this section. 38 (g) "Merger" means the combination of two or more 39 contiguous independent special districts resulting in a newly 40 created merged independent district that assumes jurisdiction 41 over all of the component independent special districts. Page 2 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III IIIIIIIIIIIIIIIIIIIIII 111 119586 COMMITTEE AMENDMENT 42 (h) "Merger plan" means a written document that contains 43 the terms, agreements, and information regarding the merger of 44 two or more independent special districts. 45 (i) "Proposed elector - initiated merger plan" means a 46 written document that contains the terms and information 47 regarding the merger of two or more independent special 48 districts and that accompanies the petition initiated by the 49 qualified electors of the districts but that is not yet 50 finalized and approved by the governing bodies of each component 51 independent special district pursuant to this section. 52 (j) "Proposed joint merger plan" means a written document 53 that contains the terms and information regarding the merger of 54 two or more independent special districts and that has been 55 prepared pursuant to a resolution of the governing bodies of the 56 districts but that is not yet finalized and approved by the 57 governing bodies of each component independent special district 58 pursuant to this section. 59 (k) "Qualified elector" means an individual at least 18 60 years of age who is a citizen of the United States, a permanent 61 resident of this state, and a resident of the district who 62 registers with the supervisor of elections of a county within 63 which the district lands are located when the registration books 64 are open. 65 (2) +l-} MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL 66 DISTRICT. - 67 (a) The merger or dissolution of a dependent special 68 district el;„t-r-:ets may be effectuated by an ordinance of the 69 general- purpose local governmental entity wherein the 70 geographical area of the district or districts is located. Page 3 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 6A 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 •:I 411 1 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 6A However, a county may not dissolve a special district that is dependent to a municipality or vice versa, or a dependent district created by special act. (b) The merger or dissolution of a dependent special district created and operating pursuant to a special act may be effectuated only by further act of the Legislature unless otherwise provided by general law. (c) A dependent special district that meets any criteria for being declared inactive, or that has already been declared inactive, pursuant to s. 189.4044 may be dissolved or merged by special act without a referendum. (d)4-15+ A copy of any ordinance and of any changes to a charter affecting the status or boundaries of one or more special districts shall be filed with the Special District Information Program within 30 days after e-€ such activity. (3) -{2} DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT. — (a) Voluntary dissolution. —If the governing board of an independent special district created and operating pursuant to a special act elects, by a majority vote plus one, to dissolve the district, the voluntary ffteEffeic dissolution of an independent special district er- a Eiepenelen E" str e'- created and operating pursuant to a special act may ee4-y be effectuated only by the Legislature unless otherwise provided by general law. (b) Other dissolutions.— 1. In order for the Leqislature to dissolve an active independent special district created and operating pursuant to a special act, the special act dissolving the active independent special district must be approved by a majority of the resident electors of the district or, for districts in which a majority 1/31/2012 3:18:59 PM Page 4 of 32 593- 01997A -12 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT of governing board members are elected by landowners,_,,)a majority of the landowners votinq in the same manner by which the independent special district's overninq body is elected. If a local general - purpose government passes an ordinance or resolution in support of the dissolution, the local general - purpose government must pay any expenses associated with the referendum required under this subparagraph. 2. If an independent special district was created by a county or municipality by referendum or any other procedure, the county or municipality that created the district may dissolve the district pursuant to a referendum or any other procedure by which the independent special district was created. However, if the independent special district has ad valorem taxation powers, the same procedure required to grant the independent special district ad valorem taxation powers is required to dissolve the rii ctrl r-t (c) Inactive independent special districts. -An independent special district that meets any criteria for beina declared inactive, or that has already been declared inactive, pursuant to s. 189.4044 may be dissolved by special act without a referendum. If an inactive independent special district was created by a county or municipality through a referendum, the county or municipality that created the district may dissolve the district after publishing notice as described in s. 189.4044. if an n e p e n dent- -di stEret was e Lease Ei by a ee;dnzye La ffi,dn -i- i that eEea t eEi the elistEd:et FRay -FfteEg e-e Ems e l ve -: rt. elzat -i et-w was ei-ea t eel . H ew evems €ems - n el ep-enelen t-ddr ' et that- 1/31/2012 3:18:59 PM Page 5 of 32 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 129 , 130 131 alse be— rreqidifed ;�=e dinselve eLc ffieEge the Ei stE e-t, 132 (d) Debts and assets.— Financial allocations of the assets 133 and indebtedness of a dissolved independent special district 134 shall be pursuant to s. 189.4045. 135 (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS. - 136 The Legislature, by special act, may merge independent special 137 districts created and operating pursuant to special act. 138 (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS. —Two 139 or more contiguous independent special districts created by 140 special act which have similar functions and elected governing 141 bodies may elect to merge into a single independent district 142 through the act of merging the component independent special 143 districts. 144 (a) Initiation.— Merger proceedings may commence by: 145 1. A joint resolution of the governing bodies of each 146 independent special district which endorses a proposed joint 147 merger plan; or 148 2. A qualified elector initiative. 149 (b) Joint merger plan by resolution. —The governing bodies 150 of two or more contiguous independent special districts may, by 151 joint resolution, endorse a proposed joint merger plan to 152 commence proceedings to merge the districts pursuant to this 153 subsection. 154 1. The proposed joint merger plan must specify: 155 a. The name of each component independent special district 156 to be merged; 157 b. The name of the proposed merged independent district; Page 6 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III I 111 119586 COMMITTEE AMENDMENT 6 A 158 c. The rights, duties, and obligations of the proposed 159 merged independent district; 160 d. The territorial boundaries of the proposed merged 161 independent district; 162 e. The governmental organization of the proposed merged 163 independent district insofar as it concerns elected and 164 appointed officials and public employees, along with a 165 transitional plan and schedule for elections and appointments of 166 officials; 167 f. A fiscal estimate of the potential cost or savings as a 168 result of the merger; 169 g. Each component independent special district's assets, 170 including, but not limited to, real and personal property, and 171 the current value thereof; 172 h. Each component independent special district's 173 liabilities and indebtedness, bonded and otherwise, and the 174 current value thereof; 175 i. Terms for the assumption and disposition of existing 176 assets, liabilities, and indebtedness of each component 177 independent special district jointly, separately, or in defined 178 proportions; 179 j. Terms for the common administration and uniform 180 enforcement of existing laws within the proposed merged 181 independent district; 182 k. The times and places for public hearings on the proposed 183 joint merger plan; 184 1. The times and places for a referendum in each component 185 independent special district on the proposed joint merger plan, 186 along with the referendum lan ua e to be presented for approval; Page 7 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 11� I 111 119586 1871 and COMMITTEE AMENDMENT 6 A 188 m. The effective date of the proposed merger. 189 2. The resolution endorsing the proposed joint merger plan 190 must be approved by a majority vote of the governing bodies of 191 each component independent special district and adopted at least 192 60 business days before any general or special election on the 193 proposed joint merger plan. 194 3. Within 5 business days after the governing bodies 195 approve the resolution endorsing the proposed joint merger plan, 196 the governing bodies must: 197 a. Cause a copy of the proposed joint merger plan, along 198 with a descriptive summary of the plan, to be displayed and be 199 readily accessible to the public for inspection in at least 200 three public places within the territorial limits of each 201 component independent special district, unless a component 202 independent special district has fewer than three public places, 203 in which case the plan must be accessible for inspection in all 204 public places within the component independent special district; 205 b. If applicable, cause the proposed joint merger plan, 206 along with a descriptive summary of the plan and a reference to 207 the public places within each component independent special 208 district where a copy of the merger plan may be examined, to be 209 displayed on a website maintained by each district or on a 210 website maintained by the county or municipality in which the 211 districts are located; and 212 c. Arrange for a descriptive summary of the proposed joint 213 merger plan, and a reference to the public places within the 214 district where a copy may be examined, to be published in a 215 newspaper of general circulation within the component Page 8 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 192 III 111 119586 216 independent special districts at least once each week for 4 217 successive weeks. 218 4. The governing body of each component independent special 219 district shall set a time and place for one or more public 220 hearings on the proposed joint merger plan. Each public hearing 221 shall be held on a weekday at least 7 business days after the 222 day the first advertisement is published on the proposed joint 223 merger plan. The hearing or hearings may be held jointly or 224 separately by the governing bodies of the component independent 225 special districts. Any interested person residing in the 226 respective district shall be given a reasonable opportunity to 227 be heard on any aspect of the proposed merger at the public 228 hearing. 229 a. Notice of the public hearing addressing the resolution 230 for the proposed joint merger plan must be published pursuant to 231 the notice requirements in s. 189.417 and must provide a 232 descriptive summary of the proposed joint merger plan and a 233 reference to the public places within the component independent 234 special districts where a copy of the plan may be examined. 235 b. After the final public hearing, the governing bodies of 236 each component independent special district may amend the 237 proposed joint merger plan if the amended version complies with 238 the notice and public hearing requirements provided in this 239 subsection. Thereafter, the governing bodies may approve a final 240 version of the joint merger plan or decline to proceed further 241 with the merger. Approval by the governing bodies of the final 242 version of the joint merger plan must occur within 60 business 243 days after the final hearing. 244 5. After the final public hearing, the governing bodies Page 9 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 245 shall notify the supervisors of elections of the applicable 246 counties in which district lands are located of the adoption of 247 the resolution by each governing body. The supervisors of 248 elections shall schedule a separate referendum for each 249 component independent special district. The referenda may be 250 held in each district on the same day, or on different days, but 251 no more than 20 days apart. 252 a. Notice of a referendum on the merger of independent 253 special districts must be provided pursuant to the notice 254 requirements in s. 100.342. At a minimum, the notice must 255 include: 256 (I) A brief summary of the resolution and joint merger 257 plan; 258 (II) A statement as to where a copy of the resolution and 259 joint merger plan may be examined; 260 (III) The names of the component independent special 261 districts to be merged and a description of their territory; 262 (IV) The times and places at which the referendum will be 263 held; and 264 (V) Such other matters as may be necessary to call, provide 265 for, and give notice of the referendum and to provide for the 266 conduct thereof and the canvass of the returns. 267 b. The referenda must be held in accordance with the 268 Florida Election Code and may be held pursuant to ss. 101.6101- 269 101.6107. All costs associated with the referenda shall be borne 270 by the respective component independent special district. 271 c. The ballot question in such referendum placed before the 272 qualified electors of each component independent special 273 district to be merged must be in substantially the following Page 10 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 274 form: 275 COMMITTEE AMENDMENT 276 "Shall (...name of component independent special 277 district...) and (...name of component independent special 278 district or districts...) be merged into (...name of newly 279 merged independent district...)? 280 YES 281 NO" 282 283 d. If the component independent special districts proposing 284 to merge have disparate millage rates, the ballot question in 285 the referendum placed before the qualified electors of each 286 component independent special district must be in substantially 287 the following form: 288 289 "Shall (...name of component independent special 290 district...) and (...name of component independent special 291 district or districts...) be merged into (...name of newly 292 merged independent district...) if the voter - approved maximum 293 millage rate within each independent special district will not 294 increase absent a subsequent referendum? 295 YES 296 NO" 297 298 e. In any referendum held pursuant to this subsection, the 299 ballots shall be counted, returns made and canvassed, and 300 results certified in the same manner as other elections or 301 referenda for the component independent special districts. 302 f. The merger may not take effect unless a majority of the Page 11 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 6A 303 votes cast in each component independent special district are in 304 favor of the merqer. If one of the component districts does not 305 obtain a majority vote, the referendum fails, and merger does 306 not take effect. 307 g. If the merger is approved by a majority of the votes 308 cast in each component independent special district, the merged 309 independent district is created. Upon approval, the merged 310 independent district shall notify the Special District 311 Information Program pursuant to s. 189.418(2) and the local 312 general - purpose governments in which any part of the component 313 independent special districts is situated pursuant to s. 314 189.418(7). 315 h. If the referendum fails, the merger process under this 316 paragraph may not be initiated for the same purpose within 2 317 years after the date of the referendum. 318 6. Component independent special districts merged pursuant 319 to a joint merger plan by resolution shall continue to be 320 governed as before the merger until the effective date specified 321 in the adopted joint merger plan. 322 (c) Qualified elector- initiated merger plan. —The qualified 323 electors of two or more contiguous independent special districts 324 may commence a merger proceeding by each filing a petition with 325 the governing body of their respective independent special 326 district proposing to be merged. The petition must contain the 327 signatures of at least 40 percent of the qualified electors of 328 each component independent special district and must be 329 submitted to the appropriate component independent special 330 district governing body no later than 1 year after the start of 331 the qualified elector - initiated merger process. Page 12 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 4 332 1. The petition must comply with, and be circulated in, the 333 following form: 334 335 PETITION FOR INDEPENDENT SPECIAL DISTRICT MERGER 336 337 We, the undersigned electors and legal voters of (...name 338 of independent special district...), qualified to vote at the 339 next general or special election, respectfully petition that 340 there be submitted to the electors and legal voters of (...name 341 of independent special district or districts proposed to be 342 merged...), for their approval or rejection at a referendum held 343 for that purpose, a proposal to merge (...name of component 344 independent special district...) and (...name of component 345 independent special district or districts...). 346 347 In witness thereof, we have signed our names on the date 348 indicated next to our signatures. 349 350 Date Name (print under signature) Home Address 351 352 353 354 2. The petition must be validated by a signed statement by 355 a witness who is a duly qualified elector of one of the 356 component independent special districts, a notary public, or 357 another person authorized to take acknowledgements. 358 a. A statement that is signed by a witness who is a duly 359 qualified elector of the respective district shall be accepted 360 for all purposes as the equivalent of an affidavit. Such Page 13 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III I 111 119586 COMMITTEE AMENDMENT 361 statement must be in substantially the following form: 362 363 "I, (...name of witness...), state that I am a duly 364 qualified voter of (...name of independent special district...) 365 Each of the (...insert number...) persons who have signed this 366 petition sheet has signed his or her name in my presence on the 367 dates indicated above and identified himself or herself to be 368 the same person who signed the sheet. I understand that this 369 statement will be accepted for all purposes as the equivalent of 370 an affidavit and, if it contains a materially false statement, 371 shall subject me to the penalties of perjury." 372 373 Date Signature of Witness 374 375 b. A statement that is signed by a notary public or another 376 person authorized to take acknowledgements must be in 377 substantially the following form: 378 379 "On the date indicated above before me personally came each 380 of the (...insert number...) electors and legal voters whose 381 signatures appear on this petition sheet, who signed the 382 petition in my presence and who, being by me duly sworn, each 383 for himself or herself, identified himself or herself as the 384 same person who signed the petition, and I declare that the 385 foregoing information they provided was true." 386 387 Date Signature of Witness 388 389 c. An alteration or correction of information appearing on Page 14 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 4),A, 390 petition's signature line, other than an uninitialed signature 391 and date, does not invalidate such signature. In matters of 392 form, this paragraph shall be liberally construed, not 393 inconsistent with substantial compliance thereto and the 394 prevention of fraud. 395 d. The appropriately signed petition must be filed with the 396 governing body of each component independent special district. 397 The petition must be submitted to the supervisors of elections 398 of the counties in which the district lands are located. The 399 supervisors shall, within 30 business days after receipt of the 400 petitions, certify to the governing bodies the number of 401 signatures of qualified electors contained on the petitions. 402 3. Upon verification by the supervisors of elections of the 403 counties within which component independent special district 404 lands are located that 40 percent of the qualified electors have 405 petitioned for merger and that all such petitions have been 406 executed within 1 year after the date of the initiation of the 407 qualified- elector merger process, the governing bodies of each 408 component independent special district shall meet within 30 409 business days to prepare and approve by resolution a proposed 410 elector - initiated merger plan. The proposed plan must include: 411 a. The name of each component independent special district 412 to be merged; 413 b. The name of the proposed merged independent district; 414 c. The rights, duties, and obligations of the merged 415 independent district; 416 d. The territorial boundaries of the proposed merged 417 independent district; 418 e. The governmental organization of the proposed merged Page 15 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III I 111 119586 COMMITTEE AMENDMENT 6 A 4191 independent district insofar as it concerns elected and 420 appointed officials and public employees, along with a 421 transitional plan and schedule for elections and appointments of 422 officials; 423 f. A fiscal estimate of the potential cost or savings as a 424 result of the merger; 425 g. Each component independent special district's assets, 426 including, but not limited to, real and personal property, and 427 the current value thereof; 428 h. Each component independent special district's 429 liabilities and indebtedness, bonded and otherwise, and the 430 current value thereof; 431 i. Terms for the assumption and disposition of existing 432 assets, liabilities, and indebtedness of each component 433 independent special district, jointly, separately, or in defined 434 proportions; 435 j. Terms for the common administration and uniform 436 enforcement of existing laws within the proposed merged 437 independent district; 438 k. The times and places for public hearings on the proposed 439 joint merger plan; and 440 1. The effective date of the proposed merger. 441 4. The resolution endorsing the proposed elector- initiated 442 merger plan must be approved by a majority vote of the governing 443 bodies of each component independent special district and must 444 be adopted at least 60 business days before any general or 445 special election on the proposed elector - initiated plan. 446 5. Within 5 business days after the governing bodies of 447 each component independent special district approve the proposed Page 16 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 11i 111 119586 COMMITTEE AMENDMENT 448 elector - initiated merger plan, the governing bodies shall: 449 a. Cause a copy of the proposed elector - initiated merger 450 plan, along with a descriptive summary of the plan, to be 451 displayed and be readily accessible to the public for inspection 452 in at least three public places within the territorial limits of 453 each component independent special district, unless a component 454 independent special district has fewer than three public places, 455 in which case the plan must be accessible for inspection in all 456 public places within the component independent special district; 457 b. If applicable, cause the proposed elector - initiated 458 merger plan, along with a descriptive summary of the plan and a 459 reference to the public places within each component independent 460 special district where a copy of the merger plan may be 461 examined, to be displayed on a website maintained by each 462 district or otherwise on a website maintained by the county or 463 municipality in which the districts are located; and 464 c. Arrange for a descriptive summary of the proposed 465 elector - initiated merger plan, and a reference to the public 466 places within the district where a copy may be examined, to be 467 published in a newspaper of general circulation within the 468 component independent special districts at least once each week 469 for 4 successive weeks. 470 6. The governing body of each component independent special 471 district shall set a time and place for one or more public 472 hearings on the proposed elector - initiated merger plan. Each 473 public hearing shall be held on a weekday at least 7 business 474 days after the day the first advertisement is published on the 475 proposed elector- initiated merger plan. The hearing or hearings 476 may be held jointly or separately by the governing bodies of the Page 17 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 COMMITTEE AMENDMENT III I 111 :19586 477 component independent special districts. Any interested person 478 residing in the respective district shall be given a reasonable 479 opportunity to be heard on any aspect of the proposed merger at 480 the public hearing. 481 a. Notice of the public hearing on the proposed elector - 482 initiated merger plan must be published pursuant to the notice 483 requirements in s. 189.417 and must provide a descriptive 484 summary of the elector - initiated merger plan and a reference to 485 the public places within the component independent special 486 districts where a copy of the plan may be examined. 487 b. After the final public hearing, the governing bodies of 488 each component independent special district may amend the 489 proposed elector- initiated merger plan if the amended version 490 complies with the notice and public hearing requirements 491 provided in this subsection. The governing bodies must approve a 492 final version of the merger plan within 60 business days after 493 the final hearing. 494 7. After the final public hearing, the governing bodies 495 shall notify the supervisors of elections of the applicable 496 counties in which district lands are located of the adoption of 497 the resolution by each governing body. The supervisors of 498 elections shall schedule a date for the separate referenda for 499 each district. The referenda may be held in each district on the 500 same day, or on different days, but no more than 20 days apart. 501 a. Notice of a referendum on the merger of the component 502 independent special districts must be provided pursuant to the 503 notice requirements in s. 100.342. At a minimum, the notice must 504 include: 505 (I) A brief summary of the resolution and elector - initiated Page 18 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 COMMITTEE AMENDMENT L0113 11I IIIIIIIHIIIIIIIIIIIIII I 111 115596 506 merger plan; 507 (II) A statement as to where a copy of the resolution and 508 petition for merger may be examined; 509 (III) The names of the component independent special 510 districts to be merged and a description of their territory; 511 (IV) The times and places at which the referendum will be 512 held; and 513 (V) Such other matters as may be necessary to call, provide 514 for, and give notice of the referendum and to provide for the 515 conduct thereof and the canvass of the returns. 516 b. The referenda must be held in accordance with the 517 Florida Election Code and may be held pursuant to ss. 101.6101- 518 101.6107. All costs associated with the referenda shall be borne 519 by the respective component independent special district. 520 c. The ballot question in such referendum placed before the 521 qualified electors of each component independent special 522 district to be merged must be in substantially the following 523 form: 524 525 "Shall (...name of component independent special 526 district...) and (...name of component independent special 527 district or districts...) be merged into (...name of newly 528 merged independent district...)? 529 YES 530 NO" 531 532 d. If the component independent special districts proposing 533 to merge have disparate millage rates, the ballot question in 534 the referendum placed before the qualified electors of each Page 19 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 192 6 A: III I 111 119586 5351 component independent special district must be in substantiall 536 the following form: 537 538 "Shall (...name of component independent special 539 district...) and (...name of component independent special 540 district or districts...) be merged into (...name of newly 541 merged independent district...) if the voter - approved maximum 542 millage rate within each independent special district will not 543 increase absent a subsequent referendum? 544 YES 545 NO" 546 547 e. In any referendum held pursuant to this subsection, the 548 ballots shall be counted, returns made and canvassed, and 549 results certified in the same manner as other elections or 550 referenda for the component independent special districts. 551 f. The merger may not take effect unless a majority of the 552 votes cast in each component independent special district are in 553 favor of the merger. If one of the component independent special 554 districts does not obtain a majority vote, the referendum fails, 555 and merger does not take effect. 556 g. If the merger is approved by a majority of the votes 557 cast in each component independent special district, the merged 558 district shall notify the Special District Information Program 559 pursuant to s. 189.418(2) and the local general - purpose 560 governments in which any part of the component independent 561 special districts is situated pursuant to s. 189.418(7). 562 h. If the referendum fails, the merger process under this 563 paragraph may not be initiated for the same purpose within 2 Page 20 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 11111111111111111111111111 119586 5641 vears after the date of the referendum. 6A COMMITTEE AMENDMENT 565 8. Component independent special districts merged pursuant 566 to an elector - initiated merger plan shall continue to be 567 governed as before the merger until the effective date specified 568 in the adopted elector - initiated merger plan. 569 (d) Effective date. —The effective date of the merger shall 570 be as provided in the joint merger plan or elector- initiated 571 merger plan, as appropriate, and is not contingent upon the 572 future act of the Legislature. 573 1. However, as soon as practicable, the merged independent 574 district shall, at its own expense, submit a unified charter for 575 the merged district to the Legislature for approval. The unified 576 charter must make the powers of the district consistent within 577 the merged independent district and repeal the special acts of 578 the districts which existed before the merger. 579 2. Within 30 business days after the effective date of the 580 merger, the merged independent district's governing body, as 581 indicated in this subsection, shall hold an organizational 582 meeting to implement the provisions of the joint merger plan or 583 elector - initiated merger plan, as appropriate. 584 (e) Restrictions during transition period. —Until the 585 Legislature formally approves the unified charter pursuant to a 586 special act, each component independent special district is 587 considered a subunit of the merged independent district subject 588 to the following restrictions: 589 1. During the transition period, the merged independent 590 district is limited in its powers and financing capabilities 591 within each subunit to those powers that existed within the 592 boundaries of each subunit which were previously granted to the Page 21 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 .11� 11111111111111111111111111 119586 COMMITTEE AMENDMENT 6 593 component independent special district in its existing charter 594 before the merger. The merged independent district may not, 595 solely by reason of the merger, increase its powers or financing 596 capability. 597 2. During the transition period, the merged independent 598 district shall exercise only the legislative authority to levy 599 and collect revenues within the boundaries of each subunit which 600 was previously granted to the component independent special 601 district by its existing charter before the merger, including 602 the authority to levy ad valorem taxes, non -ad valorem 603 assessments, impact fees, and charges. 604 a. The merged independent district may not, solely by 605 reason of the merger or the legislatively approved unified 606 charter, increase ad valorem taxes on property within the 607 original limits of a subunit beyond the maximum millage rate 608 approved by the electors of the component independent special 609 district unless the electors of such subunit approve an increase 610 at a subsequent referendum of the subunit's electors. Each 611 subunit may be considered a separate taxing unit. 612 b. The merged independent district may not, solely by 613 reason of the merger, charge non -ad valorem assessments, impact 614 fees, or other new fees within a subunit which were not 615 otherwise previously authorized to be charged. 616 3. During the transition period, each component independent 617 special district of the merged independent district must 618 continue to file all information and reports required under this 619 chapter as subunits until the Legislature formally approves the 620 unified charter pursuant to a special act. 621 4. The intent of this section is to preserve and transfer Page 22 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 COMMITTEE AMENDMENT III 111 11958 622 to the merged independent district all authority that exists 623 within each subunit and was previously granted by the 624 Legislature and, if applicable, by referendum. 625 (f) Effect of merger, generally. —On and after the effective 626 date of the merger, the merged independent district shall be 627 treated and considered for all purposes as one entity under the 628 name and on the terms and conditions set forth in the joint 629 merger plan or elector- initiated merger plan, as appropriate. 630 1. All rights, privileges, and franchises of each component 631 independent special district and all assets, real and personal 632 property, books, records, papers, seals, and equipment, as well 633 as other things in action, belonging to each component 634 independent special district before the merger shall be deemed 635 as transferred to and vested in the merged independent district 636 without further act or deed. 637 2. All property, rights -of -way, and other interests are as 638 effectually the property of the merged independent district as 639 they were of the component independent special district before 640 the merger. The title to real estate, by deed or otherwise, 641 under the laws of this state vested in any component independent 642 special district before the merger may not be deemed to revert 643 or be in any way impaired by reason of the merger. 644 3. The merged independent district is in all respects 645 subject to all obligations and liabilities imposed and possesses 646 all the rights, powers, and privileges vested by law in other 647 similar entities. 648 4. Upon the effective date of the merger, the joint merger 649 plan or elector - initiated merger plan, as appropriate, is 650 subordinate in all respects to the contract rights of all Page 23 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 192 6A III 111 119586 651 holders of any securities or obligations of the component 652 independent special districts outstanding at the effective date 653 of the merger. 654 5. The new registration of electors is not necessary as a 655 result of the merger, but all elector registrations of the 656 component independent special districts shall be transferred to 657 the proper registration books of the merged independent 658 district, and new registrations shall be made as provided by law 659 as if no merger had taken place. 660 (g) Governing body of merged independent district. - 661 1. From the effective date of the merger until the next 662 general election, the governing body of the merged independent 663 district shall be comprised of the governing body members of 664 each component independent special district, with such members 665 serving until the governing body members elected at the next 666 general election take office. 667 2. Beginning with the next general election following the 668 effective date of merger, the governing body of the merged 669 independent district shall be comprised of five members. The 670 office of each governing body member shall be designated by 671 seat, which shall be distinguished from other body member seats 672 by an assigned numeral: 1, 2, 3, 4, or 5. The governing body 673 members that are elected in this initial election following the 674 merger shall serve unequal terms of 2 and 4 years in order to 675 create staggered membership of the governing body, with: 676 a. Member seats 1, 3, and 5 being designated for 4 -year 677 terms; and 678 b. Member seats 2 and 4 being designated for 2 -year terms. 679 3. In general elections thereafter, all governing body Page 24 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 COMMITTEE AMENDMENT 1 � III 111 119586 680 members shall serve 4 -year terms. 681 (h) Effect on employees.- Except as otherwise provided by 682 law and except for those officials and employees protected by 683 tenure of office, civil service provisions, or a collective 684 bargaining agreement, upon the effective date of merger, all 685 appointive offices and positions existing in all component 686 independent special districts involved in the merger are subject 687 to the terms of the joint merger plan or elector - initiated 688 merger plan, as appropriate. Such plan may provide for instances 689 in which there are duplications of positions and for other 690 matters such as varying lengths of employee contracts, varying 691 pay levels or benefits, different civil service regulations in 692 the constituent entities, and differing ranks and position 693 classifications for similar positions. For those employees who 694 are members of a bargaining unit certified by the Public 695 Employees Relations Commission, the requirements of chapter 447 696 apply. 697 (i) Effect on debts, liabilities, and obligations. - 698 1. All valid and lawful debts and liabilities existing 699 against a merged independent district, or which may arise or 700 accrue against the merged independent district, which but for 701 merger would be valid and lawful debts or liabilities against 702 one or more of the component independent special districts, are 703 debts against or liabilities of the merged independent district 7t -and accordingly shall be defrayed and answered to by the merged 705 independent district to the same extent, and no further than, 706 the component independent special districts would have been 707 bound if a merger had not taken place. 708 2. The rights of creditors and all liens upon the property Page 25 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 709 of any of the component independent special districts shall be 710 preserved unimpaired. The respective component districts shall 711 be deemed to continue in existence to preserve such rights and 712 liens, and all debts, liabilities, and duties of any of the 713 component districts attach to the merged independent district. 714 3. All bonds, contracts, and obligations of the component 715 independent special districts which exist as legal obligations 716 are obligations of the merged independent district, and all such 717 obligations shall be issued or entered into by and in the name 718 of the merged independent district. 719 (j) Effect on actions and proceedings. —In any action or 720 proceeding pending on the effective date of merger to which a 721 component independent special district is a party, the merged 722 independent district may be substituted in its place, and the 723 action or proceeding may be prosecuted to judgment as if merger 724 had not taken place. Suits may be brought and maintained against 725 a merged independent district in any state court in the same 726 manner as against any other independent special district. 727 (k) Effect on annexation.— Chapter 171 continues to apply to 728 all annexations by a city within the component independent 729 special districts' boundaries after merger occurs. Any moneys 730 owed to a component independent special district pursuant to s. 731 171.093, or any interlocal service boundary agreement as a 732 result of annexation predating the merger, shall be paid to the 733 merged independent district after merger. 734 (1) Effect on millage calculations. —The merged independent 735 special district is authorized to continue or conclude 736 procedures under chapter 200 on behalf of the component 737 independent special districts. The merged independent special Page 26 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 Florida Senate - 2012 Bill No. SB 192 III I 111 11958E COMMITTEE AMENDMENT district shall make the calculations required by chapter 200 for each component individual special district separately. (m) Determination of rights. —If any right, title, interest, or claim arises out of a merger or by reason thereof which is not determinable by reference to this subsection, the joint merger plan or elector - initiated merger plan, as appropriate, or otherwise under the laws of this state, the governing body of the merged independent district may provide therefor in a manner conforming to law. (n) Exemption. —This subsection does not apply to independent special districts whose governing bodies are elected by district landowners voting the acreage owned within the 'Ai c+-ri rt (o) Preemption. —This subsection preempts any special act to the contrary. (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS. — (a) Independent special districts created by special act. — In order for the Legislature to merge an active independent special district or districts created and operating pursuant to a special act, the special act merging the active independent special district or districts must be approved at separate referenda of the impacted local governments by a majority of the resident electors or, for districts in which a majority of governing board members are elected by landowners, a majority of the landowners voting in the same manner by which each independent special district's governing body is elected. The special act merging the districts must include a plan of merger that addresses transition issues such as the effective date of the merger, governance, administration, powers, pensions, and 1/31/2012 3:18:59 PM Page 27 of 32 593- 01997A -12 nor, 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784' 785 786 787 788 789 790 791 792 793 794 795 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT assumption of all assets and liabilities. If a local aeneral- purpose government passes an ordinance or resolution in support of the merger of an active independent special district, the local general - purpose government must pay any expenses associated with the referendum required under this paragraph. (b) Independent special districts created by a county or municipality. -A county or municipality may merge an independent special district created by the county or municipality pursuant to a referendum or any other procedure by which the independent special district was created. However, if the independent special district has ad valorem taxation powers, the same procedure required to grant the independent special district ad valorem taxation powers is required to merge the district. The political subdivisions proposing the involuntary merger of an active independent special district shall pay any expenses associated with the referendum required under this paragraph. (c) Inactive independent special districts. -An independent special district that meets any criteria for being declared inactive, or that has already been declared inactive, pursuant to s. 189.4044 may by merged by special act without a referendum. (7)+�+ EXEMPTIONS.- -Th-epi�evls-ie € This section does siial! not apply to community development districts implemented pursuant to chapter 190 or to water management districts created and operated pursuant to chapter 373. Section 2. Section 191.014, Florida Statutes, is amended to read: 191.014 District creation and,- expansion, .- (1) New districts may be created only by the Legislature Page 28 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 COMMITTEE AMENDMENT III 111 1 95e6 796 under s. 189.404. 797 (2) The boundaries of a district may be modified, extended, 798 or enlarged upon approval or ratification by the Legislature. 799 (9) 'Fh e—ttt eE g eE o f a d }ski e t with all er re i= l emirs --e-f e t l its 800 indei en dettpe ela!dlstiai e t s ems elelgenEient fj:L-e eentEel 801 ddj ticd:et=s is —e f €e e t i ve--enl idjaen rratifieatien e 802 deg ;tee --4� di sti et faay net-, s elely by re a s e n o f _ Fn - L g =- 803 w�itii anet-lt-eLgeve etti ent-it'ZI ineLce -se ael valeL-eFa :t�axes en 804 prrejqeLaty wd:� n tyre —eiigin iiffii s -ef tyre— distaffetbeyeRd the 805 Rra�f ±fn afft e s ta]9 14:shed by the e1 et=L-i e4=-'s enabling l e g= s, a 4 i- n. 806 its es s- -appL-e Led 1 -the —el ee t ems-- ef the —di s t L4 eta 1; = e f = L- n duTM 807 Section 3. Paragraph (a) of subsection (1) and subsection 808 (4) of section 189.4044, Florida Statutes, are amended to read: 809 189.4044 Special procedures for inactive districts. - 810 (1) The department shall declare inactive any special 811 district in this state by documenting that: 812 (a) The special district meets one of the following 813 criteria: 814 1. The registered agent of the district, the chair of the 815 governing body of the district, or the governing body of the 816 appropriate local general - purpose government notifies the 817 department in writing that the district has taken no action for 818 2 or more years; 819 2. Following an inquiry from the department, the registered 820 agent of the district, the chair of the governing body of the 821 district, or the governing body of the appropriate local 822 general - purpose government notifies the department in writing 823 that the district has not had a governing board or a sufficient 824 number of governing board members to constitute a quorum for 2 Page 29 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 Florida Senate - 2012 Bill No. SB 192 III 111 119586 COMMITTEE AMENDMENT 825 or more years or the registered agent of the district, the chair 826 of the governing body of the district, or the governing body of 827 the appropriate local general - purpose government fails to 828 respond to the department's inquiry within 21 days; 829 3. The department determines, pursuant to s. 189.421, that 830 the district has failed to file any of the reports listed in s. 831 189.419; e-r- 832 4. The district has not had a registered office and agent 833 on file with the department for 1 or more years; or 834 5. The governing body of a special district provides 835 documentation to the department that it has unanimously adopted 836 a resolution declaring the special district inactive. The 837 special district shall be responsible for payment of any 838 expenses associated with its dissolution. 839 (4) The entity that created a special district declared 840 inactive under this section must dissolve the special district 841 by repealing its enabling laws or by other appropriate means. 842 Any special district declared inactive pursuant to subparagraph 843 (1)(a)5. may be dissolved without a referendum. 844 Section 4. This act shall take effect July 1, 2012. 845 846 _ ________________ T I T L E A M E N D M E N T= _______________ 847 And the title is amended as follows: 848 Delete everything before the enacting clause 849 and insert: 850 A bill to be entitled 851 An act relating to special districts; amending s. 852 189.4042, F.S.; revising provisions relating to merger 853 and dissolution procedures for special districts; Page 30 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 MOA Florida Senate - 2012 Bill No. SB 192 III 111 =9i95 COMMITTEE AMENDMENT 854 providing definitions; requiring the merger or 855 dissolution of dependent special districts created by 856 a special act to be effectuated by the Legislature; 857 providing for the merger or dissolution of inactive 858 special districts by special act without referenda; 859 providing dissolution procedures for active 860 independent special districts by special acts and 861 referenda; providing for the dissolution of inactive 862 independent special districts by special act; 863 providing for local governments to assume indebtedness 864 of, and receive title to property owned by, special 865 districts under certain circumstances; providing for 866 the merger of certain independent special districts by 867 the Legislature; providing procedures and requirements 868 for the voluntary merger of contiguous independent 869 special districts; limiting the authority of the 870 merged district to levy and collect revenue until a 871 unified charter is approved by the Legislature; 872 providing for the effect of the merger on employees, 873 legal liabilities, obligations, proceedings, and 874 annexation; providing for the determination of certain 875 rights by the governing body of the merged district; 876 providing that such provisions preempt certain special 877 acts; providing procedures and requirements for the 878 involuntary merger of independent special districts; 879 providing exemptions from merger and dissolution 880 procedures; amending s. 191.014, F.S.; deleting a 881 provision relating to the conditions under which the 882 merger of independent special districts or dependent Page 31 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 mr, Florida Senate - 2012 Bill No. SB 192 III 111 1 958E COMMITTEE AMENDMENT 6A fire control districts with other special districts is effective and the conditions under which a merged district is authorized to increase ad valorem taxes; amending s. 189.4044, F.S.; revising criteria by which special districts are declared inactive by a governing body; authorizing such districts to be dissolved without a referendum; providing an effective date. Page 32 of 32 1/31/2012 3:18:59 PM 593- 01997A -12 First Street Plaza Appraisals F� o (Yk- First Street Plaza Appraisals PhillippiPenny Sent: Friday, February 03, 2012 7:53 PM To: HillerGeorgia; FialaDonna; CoyleFred; ColettaJim; HenningTom Cc: OchsLeo; Leona rdRoosevelt zr Page 1 of 2 (`,Imp rvl �s5 r Ni IIPr Attachments: APPRAISAL 08- 09- 09.pdf (2 MB) ; APPRAISAL 09- 20- 11.pdf (2 MB) ; APPRAISAL 11- 03- 11.��B) ; APPRAISAL 01- 25- 12.pdf (983 KB) Commissioners, / Per your request at the January 24, 2012 meeting, I am here address' g the issue of the di ences in the parcel appraisals received for the proposed First Street Plaza at the corne of First and Main Streets in Immokalee. This issue was raised during the awarding of a CDBG grant, not at the r quest to purchase. Therefore, the due diligence process had not been completed. The first appraisal was garnered on 08/08/ for�IDBG application, mitted to HHVS on December 31, 2009, (� to begin implementation of the Public Ream Plan. The appraised a unt was $429,500, rendered by the Collier �./ County Appraiser, Roosevelt Leonard. The U.A was not away he grant. It came to our attention that the Transportation Department might turn back $810,000 to HHVS and the funds �-1 were 2009 funds. In anticipation of the funding possibility, the CRA requested and updated appraisal from Mr. Leonard. The second appraisal was executed 09/20/11 and the appraised amount came in at , When we were able to cure the 2009 application, we requested a 3rd appra' a loc7amou sed upon the CDBG federal regulations, an appraisal for acquisition can be er than 60 d appraisal was ucte by a local appraiser, Mr. Jo a ubmitted 11/03/1or that appraisal was 232,23 + $57,344 (Impact Fee s = $ 0,000. AI ugh not all apprseres, it is a legitimate a ivity. Mr. Leonard does not cons' er the valu impact fees in his apr of practice. Note from Amy Patterson: 'Impact fees run with the subject prop36rty. the value of the impact fees remain with the land and will be applieft redevelopment of the property. For example, if a lot had a 1,500 squar and then the property owner decided to build a new home, the only imp paid would be for any increase in size. If they same size home was co fees would be required. It works this way for commercial as well a (. applied against the new use. Impact fees due represent only a increa: use de- intensifies, the balance of impact fees remain with a land." 7hoeif a structure is removed, s due upon t that was demolished uld be required to be :ted (1,500 sf) no additional impact act fee) value of the previous use is size or intensity of use. If the (new) None the less, even the appraisal of 11/03/11 w _ to mee quirements and Mr. Leonard was asked once again to update his apprais ased upon new co s as comm al property had sold since his September appraisal. The fourth app�isal of 01/25/12 cam i at $232,700 w ich was very near the 3rd appraisal amount. Based upon the reconciled appraisals, I asked the owner if she would accept the final appraisal amount of $232,700. She stated she will and we are now ready to move forward with the project. Thank you for your patience and support of this project. Please call if there is any other information I can provide. I have here attached all of the appraisals for your review. https:Hmail. colliergov. net/owa / ?ae= Item &t =1 PM. Note &id= RgAAAACBw7hYJwxlSL... 2/6/2012 First Street Plaza Appraisals Page 2 of 2 Best regards, Penny 239.285.7635 9! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. https :Hmaii.colliergov.net/owa / ?ae= Item &t =IPM. Note &id= RgAAAACBw7hYJwxlSL... 2/6/2012 Immokoloee Vacant Land Appraisals Page 1 of 1 Immokoloee Vacant Land Appraisals 91 HillerGeorgia Sent: Friday, February 03, 2012 12:47 PM To: OchsLeo Leo - Still waiting on the county in -house appraisal of the vacant parcels. Please confirm that it's on the agenda for reconsideration as I requested. Thank you - Georgia Hiller Commissioner, District 2 https:Hmail.colliergov. net/owa / ?ae= Item &t =1 PM. Note &id= RgAAAACBw7hYJwxlSL... 2/3/2012 t Page 1 of 1 a. y! Owner- Mateo Ayala Lots size- 0.58 acres Zoning C -4 MSOSD Immokalee CRA / RPM Ms. McLaughlin Pursuant to your request we have inspected and appraised the subject property, which contains one residential unit. The subject property is located at W Main St in Immokalee Florida. The Subject Property will be further described legally within the following Summary Appraisal Report. The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of Aug 8, 2009 based on the subject being valued "as is ". This report has been prepared for our client Immokalee CRA; the intended use was to assist the client in internal decision making. The scope of work performed is specific to the needs of the intended user and the intended use. No other use Is intended, and the scope of work may not be appropriate for other uses. The scope of work performed included a complete analysis of the Subject Property with the sales approach to value. The cost approach is analyzed, but most weight is given to the sales approach to value. Based upon the scope of the assignment, our investigation and analysis of the Information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that the subject property as of Aug 8, 2009 is estimated to valued at $429,500 dollars . ($429,500 DOLLARS) Roosevelt Leonard CertiFled Real Estate Apprafser 91 91 0 SCOPE OF WORK Communication. with the client is required to establish most of the information necessary for problem identification. However, the identification of relevant characteristics is a judgment made by the appraiser and this information is obtained from public records and Realist Services data. This appraisal summary report does not include assumptions, extraordinary assumptions, hypothetical conditions, supplemental standards, jurisdictional exceptions, and other conditions that affect the scope of work. Determining the scope of work Is an ongoing process in an assignment. Certain information or conditions discovered during the course of an assignment might cause the appraiser to reconsider the scope of work, however in this appraisal assignment, the scope of work: process is stated below. The scope of work will include research, analyses of the subject property neighborhood, market area, and surrounding areas. This information provides the appraiser with the basis for determining the type and extent of research and analyses to include in the development of an appraisal. Similar information is necessary for identification of the problem, determining. the solution or scope of work, and applying the solution such as; client and any other Intended users; ■ ' intended use of the appraiser's opinions and conclusions; ■ type and definition of value or objective; • effective date of the appraiser's opinions and conclusions; • subject of the assignment and ifs relevant characteristics; and interest valued; • assignment conditions. (hypothetical conditions, extraordinary assumptions) The problem consists of obtaining market value for the identified subject property. The parcel is being acquired for public use purposes. The property interests valued in this parcel will be fee simple. The scope of the work will include following the Appraisal Summary Report format (b) displayed on a chart located on the preceding page. The opinion(s) of the real estate appraiser will be communicated in Summary Appraisal Report format. The definition of market value, effective date of the appraisal, and relevant'conditions will be defined'in this section of the appraisal. t Details Page 1 of 1 91 .10 Property Record Sketches Trim Notices Current Ownership Parcel No.11 81681720003 11 Property Address NO SITE ADDRESS Owner Name AYALA, MATEO =& NORA Addresses 207 WASHINGTON AVE Cityl IMMOKALEE H State FL 2Ip 34142 -3133 :RED WHIDDENS BLK 4 LOTS 8, 9 AND LOT 23 LESS 20FT R!W Section Township Range Acres Map No. Sira No. 4 47 29 0.43 2E04 711400 4 82E04 Sub No. 711400__ WHIDDEN, FRED 11 '11 Milla eq Area I pf►ugg 'U se Code 10 q VACANT COMMERCIAL 1 5 11 13.4606 2009 Preliminary Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 51,700.00 F —Date---]F- ate F— Book - Pape Amount (+) Improved Value $ 0.00 03 ! 1990 1616-1780 $ 60,200.00 = Just Value $ 61,700.00 ( -) SOH Exempt Value $ 0.00 (_) Assessed Value $ 61,700.00 ( -) Homostead and other Exempt Value $0.00-1 Taxable Value $ 51,700.00 SOH = "Save Our Homes" exempt value due to cap on assessment Increases. The Information is Updated Weekly. http:// www. col lierappraiser .com/RecordDetail.asp ?Map= No &FoliolD= 0000081681720003 8/13/2009 I Collier county Zoning Map Viewer ICOLLIER COUNTY ZONING VIEWER - -- - - Enter Parcel Folio Number: 81881720003 �oorxl ;o;Rarcel,,,� Enter Address: P doom to gddreso Na les - D i'F Address Points { I t El F— Coastal Construction B (7 Coastal Construction ( t D r Major Roads J — <a] I other values> j NAME — I I ITH AVE N — 15TH ST N 1 -- 1 ST ST S fs' i. Afrb a 15 C!�I- fi1 _ Selection Color rage i or 1 91 0A7 0,%Bler Zonin : C- 4 -MSOSD Zoning Petitions: http: / /gis.colliergov. net / website /ZoningViewer /defaull.aspx 8/13/2009 0 � r Details Property Kecora i Sketches Trim Notices j Current Ownership Parcel No. 181681960009 PropertyAd dress NO SITE ADDRESS t'age 1 of 1 9.1 Owner Name AYALA, MATEO =& NORA Addresses 207 WASHINGTON AVE City IMMOKALEE State FL Zipil 34142 - 3133 Legaill FRED WHIDDEN BLK 4 LOT 22 LESS 1 9 20FT RW — I Section Township Range Acres Map No. Strap No. 4 47 29 0.15 2E04 711400 4 222E04 Sub No. 1 711400 WHIDDEN, FRED Millage Area 1 MilIM '6 tise Code 11 10 11 VACANT COMMERCIAL 5 11 13.4606 2009 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $17,875.00 ( +} Improved Value $ 0.00 (_) Just Value ( -} SOH Exempt Value $17,875.00 $ 0.00 (_) Assessed Value $ 17,875.00 - Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $17,875.00 SOH - 'Save our Homes- exempt value due to cap on assessment Increases. Latest Sales History Date Book - Page Amount The Information Is Updated Weekly. http:// www. collierappraiser .com/RecordDetail. asp? Map= No &FolioID= 0000081681960009 8/13/2009 Collier County Zoning Map Viewer ICObLIER COUNTY BONING VIEWER Enter parcel Folio Number: Enter Address: 81691960009 Zoom'to Pa�ceL:..� Naples Address - Seiection Color E) F Address Points k s 8 % Coastal Construction a Q R Coastal Construction (' El r Major Roads } { -- <all other values> NAME l t _ — I I ITH AVE N 15TH ST N i — ISTSTS 0 Pag eA� 91 0 ODIS O�Flltf Zonin : C- 4 -MSOSD Zoning Petitions: htt-o: / /2is.collierizov. net / website /ZoninAViewer /default.aspx 6/3/2009 . 91 itnmokalea:NNeighboz.hb'bd Prof -6-- iatige_location) �'•�: .: [, � � �_ }• i .. � is s: r• , :� •' 7 `• � � .. .•1 Lam• a: i�:•�.• '� , •r :.; .. '. , ..{ ' ; Iq • f Quick Glance Population: 20,275 Population Growth:._ __ ._...._..__..____ , w._..._...._ .,... .... _.__.....__. -2.5% ._....__.___.__....... 2,491 Population Density: •..Median Age: •... _ � _...._._.._....._ ._....__..__.._._..._ _... _ ._...._.____.....__ ..__ _._ ._ ..y �26 years Median Income: $28,704 100 Cost of Living Index; Weather Today: Fair 88 °F / 69 -F January Avg Temp: 520F � July Avg Temp;.._._._ _.....----- •..__..�....____ -... ...__�....___..._...__.. ^..,...., _: .:__.:_ .._.._ gZoF_.. _.._.._.....,._....._._.__,_... . _.. ._..._. ......:....__..._.�._ .._....._...._..........._....__. _ . ....... ...._..._._...._....__._.. _..._._._66...__....__......... Sunny Days: - _. _.. _...... __ .__.... _....__. ._....._...._.__ . w_...._..._ ....�_...._.... ......... .....� W_......_.,.M ._.......'- Precipitation Days: M - - - - -- .... .... . 108 Rainfall (inches): SO ~S.no`wf4ti= (inches)': , � • �..�..�_......_w...__ _ _...__ _..._.___�..... .__...._.- - ___.......o. :...w Immokalee Demographics 1 91 IM. so n _ We Female Mcried Single F44= (wl kids) Immokalee .lobs and Politics Unemployment Rate: 6.5% >Acent'Job GroiivEh: Future Job Growth: 30.4% �•Democraf:..._. ..w...- __...n,......._.... ...._. , .........._._:.. _ __.:_.._..... • - •;.... •�'34: -1 %•: •......_:.__..:.__,..,.w Republican: 64.9% .. ................ Independent (others): ..__...:_... .._..._.._ _ _....._......_. __- '- 0.9 %;� .._._... ..�i Immokalee Housing Statistics Median Home Age: 24 years •'S'3:'?'• ._".+"� ;, �.^"l,._._. ;q.r......_.ry�.�.�. ee^ j;�si •..e.... �.,v....w�ti :.. �r ;'i.• �•.�... ..• t......;- .^y...,y�;....#.i.�..�...,�'�'" i :'_. m; .... •.�.�.__... .._..._.... ss:�... .. .- e.»._..._.. .- _..... .. ...�... .. ..... �_ac: -._: cis..._.__•_-»_ �•_—._....___. __.._..:+;i�.u.:_.>= • Renter v. Owner ' • Market Value ' I 91 1yr i :. Syr • 10yr Srninokaiee Education Statistics $4,908 School Expenditures: Pupil/Teacher Ratio: 14 Students /Librarian: 801 '.�`..�'.„�C�-�rw.-� -N ^wr :?C!r •vyA �x'�: �w. ».. w.. r. �=... �•: �J:»..»,. r�. ��. �. y�v:", � ».cnVY..t.�....1....p.......w«» ............ ._......... »....r._..........._ ............_......�.... .. !St(ii��rits /.Ciiu7nseATo;'r'cs '� �z -s( 336' HS Grad 1123.7% Soma College 1.3% Bachelor's Degree 1.6% Graduate Degree 0.4% 91 Immoka(ee Demographics & Househo(d Information Immokalee. Dernoclranhi&mokalee Household Information Population Number'of Households 4,716 Male Households: Family 3,636 t Female Households: 'Non - Family 1,079 Married Households: With Children 2,839 Single Age 0-4 2,012 Separated Age 5 -9 2.019 Widowed Age 10 -14 1,676 2 Divorced Age 15.19 2,173 Number of Households Age 20 -24 2,121 Avg Household Size Age 25'34 3,488 Avg family Size Age 35-44 2,681 Median Age Age 45 -54 1,761 Nledian'Houdeho' ld Incothe =Age. -55 -59 606 Average Household Income Age 60 -64 424 par.' Capita lncbme Age 65 -74 525 White Collar Jobs Age 75 -84 226 Blue Collar Jobs Age 85+ 51 Employed 7,152 Unemployed 977 Im-moka -lee Income, .Jobs & Education Immokalee lncomw & Jabs, Immokalee Education tess than 9th' Grade 5,351 $10,000 - $'!4,999 -Some High School 1,951 + $15,060 = $24;999' Higli�Schooj•Grad&afte: ,- .: ' = 1,559 $25,000 - $34,999 Some College 376 $35,000. $49,999 Assoclate•Degree 132. $50,000 - $74,999 Bachelor's Degree 193 $75,000.$99,99,3 Graduate Degree 43 $100,000 - $149,999 Percentage High School or Higher 24.0% $150,000 -$I 9q,g9q 23 Over $200,000 ' 16 [mmokafee Residential & Ethnicity Statistics Immokalee Residontial Sta IARMokalee Ethnicity Statistics Average Home Sale Price White 8,084 Total Housing Units African American 4,331 Owner Occupied Hlspanic or Latino 14,027 Rental Occupied Asian 79 Rental Vacancy Rate American Indian or Alaska Native 251 Vacant Housing Units Hawaiian / Pacific Islander _49 Other 8,247 Median Travel Time tc Work minutes Transportation tb Work: Public 1,250 i`raii6portatfon to Work: Drive / Carpool•= 2,637 Transportation to Work: Walk / Bike / 481 Other . Work at Home 86- 91 ECONOMIC ANALYSIS AREA ANALYSIS An analysis of population, employment, and income trends for Collier County and the State of Florida is performed using data provided by NPA Data Services, a recognized source. While the NPA data is still considered relevant, it is noted that the data presented was compiled by NPA in late 2008 subsequent to the collapse of the sub - prime housing market and well into the ongoing national economic downturn, and the resulting meltdown in the capital credit markets, and the broader national economic downturn. Consequently, we include discussion regarding the subprime mortgage crisis, the ,economic downturn, and government sponsored rescue efforts, and the impact of the capital credit markets on real estate values. NATIONAL ECONOMIC DOWNTURN /SUBPRIME MORTGAGE CRISIS The subprime mortgage crisis is an ongoing financial crisis characterized by contracted liquidity in global credit markets and banking systems triggered by the failure of mortgage companies, investment firms and government sponsored enterprises *which invested heavily in subprime mortgages. The crisis, which has roots in the late 1990's, became apprarent in late 2005 through 2006 with the bursting of the United States housing bubble and high default rates on "subprime" and adjustable rate mortgages (ARiv1). Declining lending standards, an increase in loan incentives such as low initial terms, and a long -term trend of rising housing prices had encouraged borrowers to assume difficult mortgages in the belief they would be able to quickly refinance at more favorable terms. However, once interest rates began to rise and housing prices in markets across the nation started to decrease in 2006 to 2007, refinancing became more difficult. Defaults and foreclosure activity increased dramatically as low initial terms expired, home prices failed to increase as *anticipated, and ARM interest rates reset higher. Foreclosures accelerated in the United States in late 2006 and triggered a global financial crisis through 2007 and 2008. During 2007, nearly 1.3 million U.S. housing properties were subject to foreclosure activity, up 79% from 2006. On September 7, 2008, Congress bought out the government- sponsored mortgage giants Fannie Mae and Freddie Mac, placing the pair into separate conservatorships, with the federal government committing $100 billion to each. The government buy -out is expected to eventually have a positive effect on the residential -market by increasing- the availability of residential financing and Iowering interest rates. ! As part *of the Government Sponsored Enterprises (GSE) restructuring plan, the Treasury Department is providing capital and funding support in an effort to boost investor confidence in Faunie. and Freddie's $5.2 trillion worth of debt and mortgage- backed securities. As a result, interest rates decreased by the largest weekly decrease since May 1980. The current rate on a 30 -year fixed -rate mortgage as of February 12, 2009 is 5.16 %, and a proposal to Iower the rate to 4.5% is. currently being considered by the federal government to further alleviate the housing credit crisis. 91 In early October 2008 the U.S. Congress passed a.$700 billion financial- market rescue package authorizing the government to buy troubled assets from financial institutions affected by recorded home foreclosures. It contains a provision which raises the limit on federal bank-deposit. insurance from $100,000 to $250,000; and reiterates the authority -of securities regulators to suspend asset valuing rules that corporate executives blame for fueling _the crisis. The passage of the rescue package, which included the Troubled Asset Relief Program (TARP), did not immediately boost confidence, The rescue plan caused a downward spiral in Europe, Asia, and the United Sates, The Dbw plunged by as much as 900 points, whith market volatility that has not been seen since the early 1930s. In early February 2009 the U.S. Congress passes a $787 billion economic stimulus plan which is expected to revitalize the economy and ease frozen credit markets. It will provide billions of dollars in aid though sources such as unemployment benefits, food stams, medical care, and job retaining. Tens of billions of dollars wilt help offset cuts states might have had to make in iad to schools and local goverments. Additionally, there is more_ than $48 billion for transportation projects including road and bridge construction, mass transit, and high -speed rail. The expansion of computerized information technology in the heath care industry, and billions to create green jobs to ' reduce the country's dependence on foreign oil are also included. IMPACT OR CAPITAL MARKETS ON COMMERCIAL REAL BSTATE VALUES Investors have access to less. leverage with higher borrowing costs which negatively impacts real estate values. Leverage is one of the prime motivators for investors to purchase real estate as it allows investors to control a larger property than they otherwise could if they had to pay all cash, thus increasing their return on equity. Leverage also allows investors to spread their equity across multiple properties, minimizing their risk through diversification. When there is uncertainty in the markets, lenders hedge their risk by building in a greater cushion in their underwriting, including increasing: (1) Debt Service Coverage Ratio (DSCR) requirements, (2) wider loan spreads, (3) and decreasing Loan -to- Values (LTVs). -Rising DSCR - Prior to the capital markets shakeup, DSCR was at an average of 1.1:1, which means lenders required $1.10 in NOI for each $1 in debt service. Lenders today are mitigating risk by requiring that NOIs are 1.25:I greater than debt service. i - Wider Loan Spreads - Competition among lenders forced spreads to historically low levels in 2006 and early 2007, with the average falling to 100 to I10 basis points over the 10 -year Treasury, which at the time was around 4.65 %. The 10 -year Treasury has retreated to -the mid -3 percent range, but lenders are pricing in more risk, pushing loan spreads to an average of 275 basis points over the 10- year Treasury. Lower LTVs - Approximately one year ago, LTVs were 75 to 80 percent. The rapid price appreciation *cycle has ended, and tighter credit markets are encouraging lenders X91 to become more cautious. As a result, LTVs have decreased to the 65 to 70 percent range. The news media has continuously reported on current market conditions with statistics on falling sales, increased inventory, stationary pricing, and a decrease in new home permits. Homebuyers are taking their time to decide on purchasing a home and in some markets such as Southwest Florida there is a significant glut of inventory to choose from. Job growth and the area's underlying employment base will be prime factors in how deep and how long the current sales slump continues. COLLIER COUNTY AREA ANALYSIS An analysis of population, employment, and income trends for Collier County and the State of Florida is performed using data provided by NPA Daw Services, a recognized source. POPULATION Historical and projected population trends for Collier County are charted below: i 200 a. POPULATION TRENDS Collier County Year The population of Collier County increased at a compounded annual rate of 3.37% from 2004 to 2009. For the same time period, the State "of Florida grew at a compounded annual rate of approximately 1.94 %. Over the last ten years Collier County's average annual compound change was 3.60 %, compared to 1.94% for the State of Florida. Looking ahead, both Collier County and the State of Florida are anticipated to experience continued growth, with future population- estimates reflecting growth rates similar to those experienced1n. the past. For the period 2009 to 2019, the populations of Collier County and the State of Florida are expected to increase by an average annual compound rate of 4.23% and 2.02 %, respectively. For the next five years, the population of Collier County should grow slightly faster than the ten year average. 1 91 POPULATION T12FI1'DS COi4IPARISON State of Florida Collier County Year Population (000's) Clran a Population (0001s) 'Change I999 15,759.1 245,1 2004 17,342.6 10.00/0 295.7 20.6% Historical 2005 17,736.0 2.3% 306.8 3.7% 2006 18,057.5 118% ' 313.2 2.1% 2007 18,251.2 1.1% 315.8. 0.8% 2008 18,673.6 2.3% 332.5 5.3% Current 2009 19,091.3 2,2% 349.1 5.0% 2010 19,504.4 2.2% ' 365.5 4.7% 2011 19,916.6 2.1% 382.1 4.5% 20I2 20,330.1 2,1% 399.0 4.4% Projected 2013 20,747.2 2.1% 416:4 4.4% 2014 21,170.3 2.0% 434.5 4.3% 2019 23,311.0 10.1% 528.1 21.6% Average Annual Historical Compound Change Past 5 years 1.94% 3,37% Past 10 dears- 1.9411/o 3.600/0 Projected Next 5 years 2.09% 4,47/0 Next 10 years 2.02% 4.23% Source: NP'A Data Semkcx lnc.; cmaptkd by !RR According to a January 2009 Herald Tribune article, "Florida's population growth crawled to a near standstill last year, the compounding result of a national recession and the downturn in the state real estate market. It was the slowest rate in Florida since 1944, during the height of World War II." According to the U.S. Census Bureau; Florida population grew by*less than 129,000, or by 0.7 %, between July 2007 and July 2008. Growth is expected to slow even more in 2009, before return to a more stabilized growth rate in 2010 and 2011. As shown in the preceding table, Collier County has historically outpaced 'the overall State of Florida in population growth. However, based on the recent statistics the NPA Data Services, Inc. projection of 4.47% average annual growth for the next five years appears high. The following chart from Hank Fishkind, an economist with•Fishkind & Associates shows projected. population growth through 2012 for Collier County. The table following shows the indicated projected percent growth per year which ranges from 0.7% to 1.7% per year from 2009 through 2011, and 2.1 % from 2011 to 2012. t91 VALUATION ANALYSIS VALUATION METHODOLOGY Appraisers usually consider three approaches to estimating the market value of real, property. These are the cost approach, sales comparison approach and the income capitalization approach. The cost approach assumes that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility. This approach •is particularly applicable when the improvements being appraised are relatively new and represent the highest and best use of the land, or when the property has unique or ,specialized improvements for which there is little or no sales data from comparable properties. The sales comparison approach assumes that an informed purchaser would pay no more for a property than: the cost of acquiring another existing - property With the same utility. This approach is especially appropriate when an active market•provides sufficient reliable data. The sales comparison approach is -less reliable in an inactive market, or when estimating the value of properties for which no directly comparable sales data is available. The sales comparison approach is often relied upon for owner -user properties. The income capitaliza tion approach reflects the market's perception of a relationship between a property's potential income and its market value. This approach converts the anticipated net income from ownership of a property into a value indication through capitalization. Thd 'primary methods are direct capitalization and discounted cash flow analysis, with one or both methods applied, as appropriate. This approach is widely used in appraising income- producing properties. Reconciliation of the various indications into a conclusion of value is based on an evaluation of the quantity and quality of available data in each approach and the applicability of each approach to the property type. Use of the approaches in this assignment is summarized as follows: APPROACHES TO VALUE :A 2pkoach A plicabiliSy to Subject Use in Assignment Cost Approach Not applicable Not Utilized Sales Comparison Approach Most applicable Utilized Income Capitalization Approach Not applicable Not UtUized 91 +1 —7SUBJECT REAL ESTATE APPRAISAL VACANT LAND APPRAISAL Folio No. 2 PARCELS Property Address JW MAIN ST & N I st ST Address: XXXX W MAIN ST 81681960009 & 81681720003 Owner Name AIATEO AYALA Addresses 207 WASHINGTON AVE City IV1i110KALEE State JFL Zip 34142 TAXID #63864600007 Sales Price Legal FRED WHIDDEN BILK 4 LOTS 8, 9, & LOT 22 SEE ATTCHED SHORT LEGAL $75,000 Section Township Range Acres lifap No. Strap No. 4 47 29 0.58 Property Appraiser Sales Data Property Appraiser Sales Data Property A raiser Sales Data Date of Sate tx Time TYPE. VACANT Mlllage Area ivilllage VILCgde LAND C -4 NISOSD —7SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address: XXXX W MAIN ST 440 ALACHUA ST XXXX N 15TH ST I SR 29 106 DIXIE AVE E Proximity to Subject TAXID #63867100009 • TAXID #00076960103 TAXID #63864600007 Sales Price $75,000 $916,100 $550,000 Unit Price 11.47SF 12.51SF B.00SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property A raiser Sales Data Date of Sate tx Time DESCRIPTION DESCRIPTION Adjustment DESCRIPTION Adjustment DESCRIPTION Adjustment Adjustment 9/0012008 $0 2/00/2009 $0 2/00/2009 $0 Location IMMOKALEE - TRAFFIC INFERIOR PLUS SIMILAR $0 INFERIOR PLUS ZONING C -4 MSOSD C-5 FMOSD PLUS C -3 COSD $0 C -5AOSD PLUS Utilities Available Electric /Water Equal $0 Equal $0 Equal $0 Slze/Acres 0.58 ac 125,264 SF 6,534SF $0 73,181SF PLUS 91,OOOSF PLUS TopoIOff Site Imp Rectangular Rectangular $0 Rectangular $0 Rectan ilar $0 ACCESS Access Access $0 Access $0 Access $0 $0 $0 Sales or Financing Concessions CLOSED SALE $0 CLOSED SALE $0 CLOSED SALE $0 Net Ad'. (Total) 50 PERC 25 PERC 125 PERC Indicated Value of Subject F. 17.20sf 15.63sf 13.50sf Comments on Market Data: Equal consideration is given to all parcels, therfore the higher end of the range is used due to the utility of the subject property. The estimated value of the subject property is $17.00sf. Comments aW gonditions 41 Acuraisai: The Interest being appraised Is fee simple, and the highest and best use of the parcel is considered vacant. The 4 elements of H & B use are considered, and this report is a market value appraisal. The appraisers decisions and scope of work may become relevant to the characteristics of extraordinary assumptions or hypothetical conditions and may become applicable in this valuation. Final Rsoonciliation: All three approaches were considered in the valuation of this parcel. The sales approach method Is given most weight. Due to the age and condition of the subject property, the Improvements have a nominal value, therefore the parcel will be valued as vacant land. ESTIMATE MARKET VALUE: $429,500 dollars MATHEMATICALLY: The subject property is 25,264sf (area) x $17.00 is $429,488 say $429,500 DATE OF ESTIMATED VALUE: Aug 8, 2009 Appraiser: Roosevelt Leonard Land Appraisal Report, Appraisal Form 02 Rev. 4/19/06 1 -91 AD1 USTM EW FACTORS The adjustment process is typically applied through either quantitative or qualitative analysis, or a combination of the two. Quantitative adjustments are often developed as dollar or percentage. amounts and are most credible when there is sufficient data to perform a paired sales or statistical analysis. While we present numerical adjustments in the Improved Sales Adjustment Grid that follows, they are based on qualitative judgment rather than empirical data as there is not sufficient data to develop a sound quantified estimate within a reasonable degree of confidence. Our qualitative, adjustments are based on a scale calibrated in 5% increments, with -a minor adjustment considered to be 5% and a substantial adjustment considered to be 25 %. Our rating of each comparable sale in• relation to the subject is the basis for the adjustments. If the comparable is superior to the subject, its• sale price is adjusted downward to reflect the subject's relative inferiority; if the comparable is inferior, its price is adjusted upward. The elements of comparison are: Real Property Rights Conveyed This adjustment is generally applied to reflect the transfer of property rights different from those being appraised, such as differences between -properties leased at market rent and those leased at rent either below or above market levels. The length -of remaining leases also influences required adjustments. For this analysis, no adjustments are required. Financing Terms This adjustment is generally applied to a property that transfers with atypical financing such as having assumed an existing mortgage at a favorable interest rate. Conversely, a property may be encumbered with an above - market mortgage, which has no prepayment clause or a very costly prepayment. clause. Such atypical financing often plays a role in the negotiated sale price. For this analysis, no adjustments are required. Conditions of Sale This adjustment category reflects extraordinary motivations of the buyer or seller to complete the sale. Examples include a purchase for assemblage involving anticipated incremental value, or a quick sale for cash: This adjustment category may also reflect a distress-related sale, or a corporation recording a non - market price. For this analysis, no adjustments are required. Expenditures at purchase This adjustment is appropriate in situations where the sale price has been influenced by expenditures that the buyer intended to make immediately after purchase. Examples include buyer -paid -sales commissions, costs to cure deferred maintenance, and 'costs to remediate environmental contamination. For this analysis, no adjustments are required. The previous adjustments, if required, are applied sequentially in the order discussed. 91' LAND VALUE ANALYSIS A DIALYSIS AND ADJUSTMENT OF SALES The. adjustment .process is typically applied through either quantitative ' qualitative analysis. Quantitative adjustments are often developed as dollar or percentage amounts, while qualitative adjustments are simply expressed through relative comparison (i.e. significantly inferior). Quantitative adjustments are most applicable'when the quality and quantity of data allows paired sales, cost or statistical analysis. Given the availability of data and imperfect nature of the real estate market, participants most often rely on relative or qualitative comparisons. Combining the benefits of both qualitative and quantitative analysis, a blended adjustment technique is generally used. This is accomplished through pre - assigning quantitative adjustments for relative comparison. The following chart illustrates the blended adjustment technique. I BLENDED ADJUSTMENTS " ' I Qualitative Pre - Assigned Quantitative Comparisons Adjustment Slight Adjustment 5% Moderate Adjustment -10% Fair Adjustment 15% Significant Adjustment 20% Large Adjustment 25% plus Market participants can often identify superior or inferior characteristics when comparing properties. Without paired • sales or statistical information, applying quantitative adjustments to reflect the differences is often problematic -or subjective. For this analysis, the above listed quantitative adjustments reflect the need for slight, moderate, fair, { significant, or large adjustments. Adjustments are based on our rating of each comparable sale in relation to the subject. if the comparable is rated superior to the subject, the.sale price. is adjusted downward to reflect the subject's relative inferiority; if the comparable is rated inferior, its price, is adjusted upward. Adjustments were considered under the elements of comparison discussed below. Real Property Rights Conveyed This adjustment is generally applied to reflect the transfer of property rights different from those being appraised, such as differences between properties owned in fee simple and in leased fee. ins. nao,aony I tauTRY for to i any W............. _ IMMOAKLEE POINTS 8.3 �,......E•5 D•5 8.3 84 E-6 .... e•1 .... E•3 .... 8.4 C -5 ... C.2 D-5 .. 8.2 . .. A•2 C -2 .. C -3 .. C.3 . 8.2 ,-..D-2 G7 D•3 E -3 EST .83 D•2 D•2 D•1 ; SD$ l� A•2 E3 I : C-6 C-5 i .8.4 , 0.6 i D -2 C•4 I W Exposure Time 91 The Dictionary of Real Estate Appralsal, Fourth Edition 2002, by the Appraisal Institute, defines Exposure Time on page 105 as follows: "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of -a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming -a competitive and open market. Exposure time is always presumed to occur prior to the effective date of the appraisal. The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Exposure time is different for various types of real estate and value ranges and under various market conditions. "Markef value estimates imply that an adequate marketing effort and reasonable time for exposure occurred prior to the effective date of the appraisal.-' We have reviewed the exposure time on the sales contained in the Sales Comparison Approach in this appraisal. Based on -fhe .current market,' it Is our opinion that the Subject Property.should have an exposure time of approximately. 12 months or less. Market -Value Section 1110 of - Financial, Institutions Reform, . Recovery, and Enforcement Act's (FIRREA) instructions to the Office of Thrift Supervision uses the definition_ of Market Value - below as developed by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and adopted by the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and sailer, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and acting in what they. consider their own best interests; c. a reasonable time is allowed for exposure in the open market; d.- payment is made- In terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property' sold unaffected by special. dr creative financing or sales concessions granted by anyone associated with the sale." ' 91 Highest and best use is a concept in real estate appraisal. it states that the value of a property is directly related to the use of that property; the highest and best use is the reasonably probable use that produces the highest property value. This use, the Highest and Best lase, mayor may not be the current use of the property. In order to bo considered as the Highest and Best Use of a property, any potential use must pass as series of tests. The exact definition of Highest and Best Use varies, but generally the use must be: • legally allowable • physically possible • financially feasible • maximally productive Legally allowable Only those uses that are, or may be, legally allowed are potential highest and best uses. This may exclude uses that are not, and unlikely to become, allowed by zo_ •n , uses forbidden by government regulations, and uses prohibited by deed restrictions or covenants. Properties with a use, that predates existing zoning regulations may be legally nonconforming. Such grandfathered uses are generally legal even though they do not meet current zoning regulations. Since their use predates the zoning, they are "grandfathered in ". However, some such uses may not be reproduced if the legally nonconforming improvement is destroyed or damaged beyond a certain point. Physically possible Any potential use must be physically possible given the -size; shape, topography, and other characteristics of the site. For example a 40,000- square -foot (3,700 m) single story warehouse would not fit on a 10,000 - square -foot (930 m2) site, therefore that use,-would fail the physical possibility test. Financial feasibility The highest and best use of a property must be financially feasible. This means that the proposed use of a property must generate adequate revenue to justify the costs of construction plus a profit for the developer. In the case of an improved property, with obvious remaining economic life, the question of financial feasibility is somewhat irrelevant. In the case of an improved property with limited remaining economic life, the.question of financial-feasibility becomes a question of the maximally productive use of the site: If the value of the land As Vacant exceeds the value of the property As Improved, then redevelopment of the site becomes the maximally productive use of the property and continued use of the existing improvements that do not represent the highest net value of the site is considered to be financially unfeasible. ! " , ► 1.91 MaximaIIy productive use i Finally the use must generate the highest net return (profit) to the developer. A property that could hypothetically be developed with residential, commercial or industrial development might only have one of those- uses as its highest and best use. These three hypothetical development scenarios follow to illustrate the test of maximally productive use. i i GENI,,RAL ASSTJWTIONS AND SPECIAL CONDITIONS 91 The legal descriptions used in this report are assumed to be correct 2. No survey of the property has been made by the appraiser and no responsibility is assumed in connection. with such matters. Sketches- in this report are included only to assist the reader in visualizing the property. 3. No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title hereby rendered. The subject's title is assumed to be good and merchantable, unless otherwise stated herein. 4. Information furnished by others is assumed to be true, correct and reliable. A reasonable effort has been made to verify such information; however, the appraiser assumes no responsibility for its accuracy. 5. All mortgages, liens, encumbrances, leases, and servitudes--have been disregarded unless so specified within the report. The property is appraised as though under responsible ownership and competent management. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. No responsibility is assumed .for such conditions or for engineering services, which may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report S. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non - conformity has been stated, defined and considered in the appraisal report. 9. It is assumed that, unless discussed otherwise within the report, all normally required licenses, consents or other legislative or administrative authority from any local, state or national govern- mental or private entity or organization have been obtained, or can in our opinion reasonably be assumed to be obtained or renewed, for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted within the report. 11. .The appraiser will not be required to give testimony or appear in court because of having made this appraisal, with reference to the subject property, unless arrangements have been previously made therefore. 12. Possession of this report; or a copy thereof, does not carry with it the right of publication. It may _not be used for airy purpose by any person other than the party to who it is addressed without the written consent of the appraiser, and in any event only with properly written qualification. It is -intended to only be used in its entirety. 13. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 14. Neither all or any part of the contents of this report, or copy thereof, shall be conveyed to the public . through advertising, public relations, neWs, sales or any other media without written consent and approval of the appraiser. Nor shall the appraiser, firm or professional organization of which the appraiser is a member be identified without written consent of the appraiser. -- GENERAL ASSUMPTIONS AND SPECIAL CONDfTIONS 91 Page 2 of 2 IS. No environmental impact studies were either requested or made in conjunction with this appraisal, and the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions based upon any subsequent environmental impact studies, research or investigation. 16. Acceptance of and/or? use of this appraisal report constitutes acceptance of all General Assumptions and Special Conditions. 17. Payment for the preparation of this appraisal report is based on all charges due the appraiser in connection therewith, and, in no way is contingent upon the value conclusions herein. Any responsibility of the appraiser to the client for.any part of the report is subject to full payment. is. In this appraisal assignment; the existence ofpotentially hazardous material used in the construction or maintenance of the improvements, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has 'not been considered. Nor has any study or consideration been given to the possible existence of any toxic wastes on, or buried under, the surface of this property. The appraiser is not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 19. This appraisal is made subject to any additional restrictions, Qrdinances or protective covenants which the appraiser, after due diligence and normal, standaid research, may not be aware of which would affect the subject property. Furthermore, the appraisal is subject to any and all easements, setbacks, flood elevations or restrictions, if any, that have been or might be imposed by any local, state or federal agency, and which may not be of record. 20. This report is based on information obtained from several'sources including the current owner -of the property, the Collier County Development Services division, various Realtors and Brokers, as 'well as others as noted within the text of this appraisal. Such information is assumed to be reliable and accurate, but the appraiser does not warrant such beyond our reasonable attempt to verify said data. d 91 CERTIFICATION I certify that, to the best of my knowledge and belief. — the statements of fact contained in this report are true and correct. — the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. _ my engagement in this assignment was not contingent upon developing or reporting predetermined results. -- my compensation for completing this assignment Is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of tills appraisal. — my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. -- I have (or have not) made it personal inspection of the property that is the subject of this report. (If more than one person signs this certification, the certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property.)41 no one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant real property appraisal assistance must be stated.) - ------------ Roosevelt Leonard �•L SUMMARY APPRAISAL REPORT FOR Client: Immokalee Community Redevelopment Agency Subject: Vacant parcel located at the NW corner of N. 1st St. and W. Main St. in Immokalee, Florida AS OF' 03 NOVEMBER 2011 AT THE REQUEST OF CHRISTIE BETANCOURT ADMINISTRATIVE ASSISTANT 1320 NORTH 15th STREET, SUITE 2 IMMOKALEE, FL 34142 PREPARED BY SUNSTATE APPRAISAL GROUP, LLC COMMERCIAL, AGRICULTURAL AND RESIDENTIAL REAL ESTATE APPRAISERS PO BOX 93 ESTERO, FL 33929 (239) 405 -7074 #11188 —dL 91 ° 1 �.. 91 TABLE OF CONTENTS PART ONE - INTRODUCTION ............................ . .. ............................... . SUMMARY OF IMPORTANT DATA AND CONCLUSIONS .... . ............................ . LOCATION MAP FOR SUBJECT PROPERTY ..... ............................... . ....... . NEIGHBORHOOD AERIAL PHOTOGRAPH ........ ............................... , ..... . SUBJECT ZONING AND FLOOD MAP DATA ............. . SUBJECT PLAT MAP ........ ............................... .......................... STREET SCENES NEAR SUBJECT PROPERTY ........................................... STREET SCENES NEAR SUBJECT PROPERTY . .......... ............................... . PHOTOGRAPHS OF SUBJECT PROPERTY ............................................... PART TWO - PREMISES OF THE APPRAISAL .................. ............................... 10 SCOPEOF WORK .................................... ............................... 11 CLIENT. USE AND INTENDED USERS .................. ............................... 1 I PURPOSE OF THE APPRAISAL ......................... ............................... 11 DEFINITION OF MARKET VALUE ...................... ............................... 11 APPRAISAL EFFECTIVE DATE .......... . ............. ............................... 12 DATEOF REPORT ................................... ............................... 12 ESTATE APPRAISED ................................. ............................... 12 PERCENTAGE OF OWNERSHIP INTEREST .............. ............................... 12 PERSONAL PROPERTY APPRAISED ......... . ... . ...... ............................... 12 PART THREE - PRESENTATION OF DATA .................... ............................... 13 INFLUENCES ON VALUE ............................. ............................... 14 AREA INFORMATION ................................ ............................... 14 NEIGHBORHOOD INFORMATION .................. ............................... . ... 15 IMMEDIATE NEIGHBORHOOD ........................ ............................... 18 LEGAL DESCRIPTION ................................ ............................... 18 PROPERTY INFORMATION ........................... ............................... 19 ESTIMATED IMPACT FEE CREDIT ..... . ............... ............................... 19 ENVIRONMENTAL CONTAMINATION ....................... . ........................ 20 NATURAL RESOURCE CONCERNS ............. ............................... . ....... 20 GROWTH MANAGEMENT PLAN AND ZONING .......... ............................... 20 PUBLIC UTILITIES AND CONCURRENCE ............... ............................... 21 ASSESSMENT AND TAXES ............................ ............................... 21 CENSUS AND FLOOD ZONE DATA ..................... ............................... 21 APPARENT OWNER OF RECORD ...................... ............................... 21 TRANSACTIONAL HISTORY OF SUBJECT PROPERTY .... ............................... 22 CURRENT STATUS OF SUBJECT.......... ............. ............................... 22 PART FOUR - ANALYSIS OF DATA AND CONCLUSIONS ........ ............................... 23 HIGHEST AND BEST USE ............................. ............................... 24 CONSIDERATION OF APPROACHES ................... ............................... 24 SALES COMPARISON APPROACIi ..................... ............................... 25 VACANT LAND COMPARABLES ....................... 27 LAND SALES ADJUSTMENT GRID ..... ............................... . ............... 33 PRELIMINARY ESTIMATES OF MARKET VALUE ........ ............................... 36 FINAL ESTIMATE OF MARKET VALUE ................. ............................... 36 ADDENDA CONTENTS ...................................... ............................... 37 91 PART ONE - INTRODUCTION 91 SUMMARY OF IMPORTANT DATA AND CONCLUSIONS This information is summarized only for convenience. The value given is the final, rounded conclusion of the appraisal. To use this summary without first reading the appraisal report may be misleading. PROPERTY APPRAISED A vacant parcel of commercial land with an area of 25,300 square feet (0.58 acre) located at the N W corner of the intersection of N . I "Street and W. Main Street in Immokalee, Florida. PROPERTY ADDRESS No Physical Site Address PROPERTY STRAP # 81681720003 and 81681960009 APPRAISER John W. Loukonen State - Certified General Real Estate Appraiser RZ3317 SCOPE OF WORK All applicable approaches to value were developed. The appraisal results are presented in a summary format. PURPOSE OF THE APPRAISAL Estimate market value. INTEREST APPRAISED Fee Simple CLIENT, USE AND INTENDED USERS The client is Immokalee Community Redevelopment Agency. The appraisal is intended to be used for possible asset acquisition. The intended user is Immokalce Community Rcdevelopment Agency. APPRAISAL EFFECTIVE DATE 03 November 2011 DATE OF REPORT On or about 03 November 2011 ESTIMATE OF VALUE $290,000 EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2 -2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. Standard Assumptions and Limiting Conditions are included in the Addendum. COMPETENCY RULE DISCLOSURE The appraiser is competent to appraise commercial property and has appraisal experience and knowledge in and about the subject market area. PRIOR VALUATION RULE The appraiser has not appraised the subject within the last 5 years. , , ` If. ''*.1 LOCATION MAP FOR SUBJECT PROPERTY ` ' ` . ^*, � .' _ »^t — � -�` 3 m � � /moes I km 91 NEIGHBORHOOD AERIAL PHOTOGRAPH w MAN 41 x 4 ,9I lift R R y r. yet �y��ifi• I�� «�~ f ` � �i�tll ', t • i� I :t' �� 1 ��•1 } rl�' � c � l y t rT it Lj r M tat �R s u 1 � _ %ow Y LO 91 PA td 0 do O C4 ri 0 0 N O -0 O C4 O .— n p. bo O b mod„ O 71 1 91 Ir 02 4 1 is 14 el IN -1 td 0 do O C4 ri 0 0 N O -0 O C4 O .— n p. bo O b mod„ O 71 1 91 STREET SCENES NEAR SUBJECT PROPERTY 91 i. View East along Main Street and across signalized intersection with First Street. Subject out of view on left. View West along Main Street of intersection with 1st Street. Subject is in view on right past First Street. STREET SCENES NEAR SUBJECT PROPERTY View South across Main Street intersection. Subject is out of view on right. w A.. View North from First Street across Main Street. Subject is in view on the left corner past First Street 8 91 91 PHOTOGRAPHS OF SUBJECT PROPERTY View NW from Main Street of subject SE corner. The green grass roughly marks the subject outline. View NE from Main Street from subject SW corner. C91 PART TWO - PREMISES OF THE APPRAISAL 1 0 k91 SCOPE OF WORK All applicable approaches to value were developed and the value conclusion reflects all known information about the subject property, market conditions, and available data. The scope of work was as follows: • Personally inspected and photographed the subject property and each comparable • Reviewed, aerial photographs, land development code, plat maps, zoning, impact fee credits, future land use, and other documentation provided • Reviewed how the property relates to its neighborhood and to the broader market area with emphasis with commercial uses Researched the market area for sales and listings of vacant comparables • Estimated the foe simple market value • Prepared a summary appraisal report summarizing the appraisal assignment, the property appraised, the application of appraisal methodology, and the logical support for the value conclusion Sources of market data included, but were not limited to, local and regional MLS systems, LoopNet, the public records, the files of real estate brokers and my appraisal files. CLIENT, USE AND INTENDED USERS The client is Immokalee Community Redevelopment Agency. The appraisal is intended to be used for determination of market value for possible asset acquisition. The intended user is Immokalee Community Redevelopment Agency. PURPOSE OF THE APPRAISAL The purpose of the appraisal is to estimate market value. DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of sale as of specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and each acting in what he considers his own best interest; C. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; e. The price represents the normal consideration for the property sold unaffected by special creative financing or sales concessions granted by anyone associated with the sale; 11 91 This is market value as defined by the Office of the Comptroller of Currency in 12 CFR, Part 34. It is the same definition referenced in the Uniform Standards of Professional Appraisal Practice (USPAP) and the most commonly used definition. The reasonable exposure time referenced in V.) above is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was 12 -18 months. The financial arrangements comparable to cash referenced in (d.) above are conventional commercial financing which, as of the effective date, was 60 --80% loan to value ratio, 15 -25 year amortization and interest rates ranging from 4.75% to 7.00% depending on discount points and risk as well as the borrower's relationship with the lender. The typical commercial loan is set up for a three to five year balloon. APPRAISAL EFFECTIVE DATE The effective date of appraisal is as of 03 November 2011. DATE OF REPORT This appraisal report was written on or about 03 November 2011. Fee simple interest. ESTATE APPRAISED PERCENTAGE OF OWNERSHIP INTEREST The percentage of ownership interest appraised is 100 percent. PERSONAL PROPERTY APPRAISED No personal property is included in the estimate of value. 12 91 PART THREE -- PRESENTATION OF DATA 13 INFLUENCES ON VALUE Appraisal of the value of real property involves both the physical real estate and the intangible rights of ownership. The ultimate value of both is influenced by the social, economic, governmental and physical conditions of the area surrounding the property. Properties that are very much alike may have considerably different values due only to their geographical location and the economic level of their particular area. information in this report that describes the area surrounding the property being appraised is included to communicate the influence the area exerts upon the economic performance of the property. AREA INFORMATION Collier County The property is located in Collier County. Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa. With 2,025 square miles of land area, it is the largest county in Florida. About 60% of the land area is in public ownership, is set aside for environmental preservation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northern county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Most of the county is less than 15 feet above mean sea level. Although changes in elevation are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and Everglades/Chokoloskee. Immokalee, the single large interior community, is located in north Collier County and is the agricultural center of the region. Most growth is accounted for by the heavy influx of retirement age persons. These are predominately active retired people who can afford a variety of recreational pursuits including boating, golfing and tennis. The strong attraction of these people to the beach results in exclusively residential development along the beaches and for some distance inland. Commercial zones are primarily located along arterial roads and inland away from the most desirable residential locations. A secondary population of service industry families lives throughout the area. These people provide the support services and local industries that cater to seasonal tourists as well as year round residents. The economy of Collier County is based on agriculture, tourism, construction and service industries. All of these industries have been negatively affected by the prolonged economic recovery. The construction industry has been the most devastated as few new residential and commercial projects come on -line. The greater Naples area is the focus of tourism and construction and it is the primary market for local business. Of the total county population, about 75% live in the greater Naples area. As late as the end of 2005, studies identified Collier County as one of the fastest growing counties in the State and among the fastest growing in the nation. Most of that growth was taking place along the northern and eastern fringes of the Naples area. More recently these outlying areas have also had the highest incidence of foreclosures and short sales. The MLS indicates that residential listings have declined since the inventory peak of 2008 -2009. Although inventory has declined, prices generally have remained flat and stable since mid 2009. Growth is expected to continue once current economic conditions are improved and foreclosure and short sale inventory is fully absorbed. There is strong grass roots support for environmental issues and for less intensive development. Local politics are dominated by the struggle to achieve a balance between economic prosperity and preservation of natural resources. However, non - profit, County, and State preservation organizations have also struggled to maintain land acquisitions due 14 ff to lack of funding. Prices for raw acreage has fallen off dramatically since the peak of 2005. The most dramatic price 91 decline was exhibited in outlying areas which was where the most price appreciation occurred. Acquisitions of land for mitigation and the transfer of development rights has waned in direct relation to the residential market. Presently, the residential market is segmented with most neighborhoods experiencing price stabilization after steep declines. Throughout the residential market, investors and end -user buyers are buying foreclosures and short sales. Inventories appear to be shrinking with the latest foreclosure moratorium set by a few large banking firms. With shrinking inventories, home pricing is expected to gradually increase to levels similar to normal cost - depreciated values resulting in an erosion of external market obsolescence. Since early 2006 the volume of commercial market activity has been low. Prices has also followed a downward trend and have followed a similar path as residential property. Most all commercial segments have experienced significant value declines. The poor job market has resulted in distressed sales which have been the primary driver behind these declines. Without a resurgence of the local economy through job creation the middle and lower class areas will continue to be depressed. The more affluent areas will continue to do okay as domestic and international investment has helped slow down declines in high end real- estate. NEIGHBORHOOD INFORMATION Immokalee Area Information The property being appraised lies within the Immokalee Planning Community which is a 26 square mile area centered on the unincorporated community of Immokalee. Immokalee is located in north central Collier County approximately 25 miles cast of the Gulf ofMexico, six miles south ofthe Collier County-Hendry County line and 18 miles north of I -75. With the County's formation in 1923, Immokalee was the only non - coastal settlement. Today it remains the only interior community of considerable size. Immokalee was fairly isolated from the coastal area until the Immokalee Road (CR- 846) was rebuilt and resurfaced in 1955 -56. With major improvements to the transportation system, Immokalee became a thriving agricultural center for cattle, citrus, vegetable farms and cypress timber. There are two main roads that provide access to Immokalee. The first is Immokalee Road (CR846) which runs from Naples to Immokalee and out east through ag -lands towards Clewiston. From Naples this route is 4 to 6 lanes out +/ -15 miles cast to the County fairgrounds. The remaining +16 miles to Immokalee is a 2 -lane route that is heavily traveled during morning and afternoon rush hour. The second arterial road is State Road 29 (Main Street) which runs through Immokalee. Outside of town SR29 runs south from Immokalee to I -75 and Everglades City and north through ag -lands to LaBelle in Hendry County. State Road 82 intersects State Road 29 5 miles north of Immokalee providing a +/ -25 mile route to greater Fort Myers. The state and county road system leading to Immokalee is in good condition. Over the next few years the FDOT has plans to widen roads and provide a bypass route around the town construction is expected to begin 2012. The Immokalee urban area traffic network branches off the main arterial road of Main Street (SR29) and CR846. The town's 2 -lane collectors comprise of several roads; New Market Road /W estclox, a northwest/southeast neighborhood collector that posses through industrial areas and residential neighborhoods; Immokalee Drive, an east/west neighborhood collector serving old and newly developed residential districts west and east of SR -29; First street connects Main Street and commercial areas ofNew Market Road; and Lake Trafford Road an east/west collector connecting commercial and residential development from Lake Trafford to New Market Road. Beyond the collectors are residential roadways. Most roadways are asphalt paved and others time rock material. Non - "planned unit development" streets are typically laid out on a grid pattern. Overall connectivity is good, but the community remains segmented by drainage systems. Immokakx is the agricultural center of an area that includes parts of Collier, Lee, Glades and Hendry counties. The economy is dominated by the agricultural industry which employs over a third of the working population in ranching, truck farms and citrus. This industry has made Immokalee on of the leading domestic producer of winter vegetables for the eastern region of the United States. Most of the land and agricultural business is vested in a few large corporate - owned enterprises with annual local sales well over tens of millions of dollars. Immokalee is also home to the Seminole Indian Casino, which attracts many visitors from around greater Naples and Fort Myers area. 15 Historically, residential development was confined to the downtown area. In the mid 2000's, this trend changed with the approval of new projects and Planned Unit Developments andwith the increased development in the Lake Trafford Road corridor. The commercial area is principally strip zoning along segments of CR846, SR29, Lake Trafford Rd, First Street, and New Market Rd. Immokalee has a large indus ;Q located on the east side of town where processing plants, packing houses and agri - industrial use —red of the Immokalee Airport, the University of Florida Institute Pepper Tree Ranch Conservation area, schools, jail, ant reservation has been a growing and prosperous area of the l from the gambling proceeds. Land in the Immokalee area ranges in elevation from abc and palmetto flat woods interspersed with marshy pond; is a remnant of the water oak and sand pine community i of natural sloughs enhanced by shallow canals and ditc Vacant land in Immokalee exists as large tracts and sm built up with many small vacant lots and tracts scattere area is over 90% vacant as it is used for agriculture of ,e re m i% ian Immokalee is an arcaof housing diversity ranging frorr ` A' cots with medium density single family and /or multi -fami V' • is to individuals or families on a weekly or monthly rate. Vv" hers suffer from severe dilapidation resulting in health cod rash, junk, and crime. There is a concerted County effort o ation which has no where else to go. As a result, development of subsidized housing proJec . lasts decade. Few of these projects continue to be under construction, but there is an evident slowdown as the demand for migrant labor has weakened with a decline in citrus and vegetable production. In general, the density of residential development is relatively high and there are many low rent substandard structures directly competing with newer subsidized migrant and low income housing projects. Low income housing in Immokalee is in an oversupplied condition even during peak harvest season which has increased peak vacancy rates and decreased rents. County Code Enforcement has recently been a topic of heated debate as the County pushes to remove "blight." The term "blight" is undefined. County Code Enforcement, therefore, uses its discretion in determining whether there is "blight" on a given property. Mobile home park owners and commercial business owners have been cited by County Code Enforcement for "blight." This has resulted in fines and contentious debate with the County Code Enforcement. In interviews with residential and commercial property owners, these owners feel the latest land development code contains affluent standards, which, when applied to a low income area, is not practical and severely limits financial feasibility for existing and new construction. "Blight" and "vested legally non - conforming use" appear at odds in the Immokalee area. With regard to existing structures and uses, it is imperative that due diligence be performed to ensure whether any aging substandard residential or commercial property is a "vested legally non - conforming use." This due diligence should include, at the least, consultation with an attorney that is familiar with the land development code, as well as consultation with the County Attorney regarding the County's opinion on the continuation of vested non - conforming use and whether any existing or potential code violation exists. However, as noted above, confirmation that the property is a "vested legally non - conforming use" does mean that the property may not he considered "blight." An opinion on the continued or anticipated use of the property as it relates to County Code Enforcement is beyond the scope of this appraisal, and the undersigned appraiser makes no guarantees and is not liable for any actions taken by County Code Enforcement or other government body with regard to the future or anticipated use of the property and any finding that the property is "blight." Public water and public sewer service is available throughout the business district and industrial areas. Most residential neighborhoods are served by public water and public sewer although there are exceptions and in some areas where service is available units have not been connected into the system. The Collier County School Board operates four elementary schools, one middle school and one high school. These schools are located within walking distance of most of the urban area and are easily assessable by those who require transportation by school bus. Park and recreation facilities are generally associated with the public schools. There is one 25 acre community park adjacent to the high school in the downtown area. Lake Trafford, which lies at the western boundary of the lmmokalee Planning Community, is the largest lake in Collier County. Historically a provider of boating, hunting and fishing recreation, the lake has fallen into disuse as a result of aquatic weed control efforts thatupset 16 91 �9I the natural balance. Overall, access to public schools, churches, employment centers, stores and recreation facilities is good. The estimated 2008 permanent population of Immokalee was 29,353. However, the population nearly doubles during the winter months due to agricultural seasonality. This increase occurs during the winter and spring when the harvest season for vegetables and citrus is at its peak. The 2008 projected peak season population for Immokalee is 44,353. Population demographics are considerably different from Collier County as a whole. The 2000 Immokalee median age was 24.7 years while the Collier County 2000 median age was 44.1. In 2000,65% of Immokalee's population was of Iispanic origin, which maybe of any race, in comparison to 19.6% of the remainder of Collier County's population being of Hispanic origin. The 2000 Household Median Income in Immokalee was $24,3I5 in comparison to Collier County's median household income of $48,289. According to the 2000 U.S. Census 39.8% of the population was below poverty level. Whereas the Collier County average household remains just under 2 per dwelling unit, in Immokalee it exceeds 4 per unit. The Immokalee area agricultural economy is typically more stable than that of the coastal community. However, due to poor consecutive agricultural seasons, diseased citrus crops, and the overall US economy the real estate values in all segments have fallen to levels last seen in the early 2000's and late 1990's. Newer residential development has suffered the greatest value decline. Newer homes that once sold in the mid $200's in 2006 arc now selling between $50,000 - 570,000, well below the current cost of construction. Lack of affordable housing is no longer the issue it once was 5 years ago. W ith County and State funded low income and migrant housing projects still under slow construction the housing market is oversupplied. The market price of lowest entry point level housing is about $14,000 for a 20 -40 year old mobile home trailer on a small lot. There is sufficient inventory on the market to keep housing prices depressed for at least another 12 months. However, over the last 18 months, prices have stabilized at current levels. Residential rents have also fallen 15 -30% over the last 4 years. Multifamily residential units rent for about $500 -650 per month. Single family homes can rent anywhere from $500 to $1,100 per month with mobile homes representing the tow end and 2007 Arrowhead site built homes representing the high end. Over the last 2 years, rents for migrant laborers has fallen from $50-65 per week per bed to $35 -50 per week per bed. The higher end represents County run migrant camps and good condition privately owned and operated camps. Commercial real estate in Immokalee boomed with several new projects during the mid to late 2000's. Vacant land values for prime retail locations reached a price range of $12 to $21 per square foot during the peak with the high end of the range representing a corner lot sale located at First Street and Main Street. There have been a few vacant commercial land sales over the last 24 months with sales primarily between $348 per square foot with no prime corner lots included in the data set. Vacant land with industrial or retail potential and with limited exposure appears to be selling from $1 to $3 per square foot. Recent sales of improved retail with good exposure is limited with one sale representing $87.10 per sq.ft. for an old retail strip center unit. Agricultural packing sheds are selling between $55 and $75 per square foot with the low end representing REO sales. Purchasers of most agricultural assets are classified as out of state agricultural organizations. Asking prices for listings are higher than recent respective sales. Given the few sales and listings available it does appear that commercial prices have stabilized. Vacant commercial retail listings and for sale by owner range from $3.74 per square foot to as high as $11.86 per square foot with the high end of the range represented by a prime 0.58 acre corner location at Main Street and V* Street. Lease rates for improved industrial and retail rental rates vary from $5.00 per square foot to $13.00 per gross square foot. Vacancy rates for agricultural related industrial use is less than 5% as the produce re- packing business seems to flourish year round. On the other hand retail store fronts are experiencing higher vacancy rates estimated to be 20 %. This higher vacancy rate is attributed to the past three seasons having odd consecutive freezes. This spin of bad luck put small retail operators outof business due to lack of harvesting jobs needed to support local business. Landlords indicate that most retail tenants struggle to make rent payments during poor agricultural seasons. Industrial agricultural produce re- packing /distribution businesses seem to be one of the few business able to pulling through the tough economy as they can source produce regionally to supply customers year round. New construction over the last 6 -36 months commercial construction has been limited. However, currently there are four commercial projects underway and include: construction of a 9,100 sgft. Dollar General retail store, located at Lake Trafford Road and SR29; State construction of new agricultural warehouse space on the State Farmers Market offNew Market Road; new construction to expand a locally owned restaurant on New M arket Road; County construction of a large Industrial manufacturing facility located on the Airport property (lease status to a local manufacture is unknown at this time). Essentially most of the construction is government funded which means private sector construction is still sluggish. There are some bright spots for Immokalee's economy with expansion of Seminole Gaming and the development of Ave Maria six miles south on Camp Keais Road. The Ave Maria community includes an entire town and a University. Ave 17 91 Maria totals about 5,000 acres, of which nearly 20% has been designated as the University campus. When completed, the Town will contain some 11,000 residential dwellings in a wide variety of price ranges and neighborhoods. From rental apartments to condominiums, and from starter to estate homes. The goal of the University is to become the major Catholic University in the south, with some 5,000 graduate and undergraduate students. The first phase of the University and Town, including representative housing and commercial areas opened in mid 2007. Overall, Immokalee is still dominated by agricultural industry and to a growing extent by proximity to the coastal community. The town is experiencing one of the longest and deepest trough cycles in decades due to the combination of the US economy and 3 consecutive seasons of low crop yields. The outlook is one of optimism as such low points historically leads to new growth opportunities for national or international agricultural investment. IMMEDIATE NEIGHBORHOOD The neighborhood is a mixed use area that centers along the cast/west corridor of Main Street and north /south corridor ofFinst Street in downtown Immokalee. The streets are laid out on a grid system that feed into Main and First Street. Property fronting along Mein and First Street are zoned for strip commercial use and range in depth between 100 to 200 feet. Some of this commercial property is underused and remains vacant or as old residential property. Property behind the commercial strip are older residential and mobile home parks abutting commercial development with little or no buffering. There are few sidewalks and minimal street lighting off of Main and First Street. Open drainage systems are seen in much of the area. Residential development is typically high to medium density multi - family complexes, single family homes, and older legally nonconforming tenant leased mobile home parks. Much of the housing in the area is in need of rehabilitation. Main Street and most of First Street are four -lane landscaped and lighted median routes. This is the oldest portion of town and is roughly 75% developed. The roads are at their maximum widths as old buildings sit near the road's edge. Most of the buildings are over 45 years old and are legally nonconforming to current development standards. Redevelopment of the area by private land owners seems to be at a standstill as County requirements involve re- engineered site development plans which are too complex and costly endeavors for small businesses. The Immokalee Community Redevelopment Agency is promoting conformity through re- development incentives. Grants are offered in the amount of$20,000 to improve commercial building facades. There is some scattered participation in this program. Overall there is very little new development in the immediate area. The latest building constructed was a Family Dollar retail store in 2007. Agricultural labor with limited transportation is the main composition of neighborhood residents. During peak harvest season (Oct -May) the immediate area is inundated by Mexican, Guatemalan, and Haitian migrant populations requiring close proximity to local ag- packing facilities or local crew bus pick -up points for field harvesting. Small local and large regional commercial businesses support the majority of the neighborhood's needs. Small retail shops are about 50% owner occupied family businesses. Commercial businesses run the gamut from ethnic restaurants, grocery, hardware, clothing, furniture, thrift, and auto parts. Employment centers are produce packing and shipping operations that operate during harvest season. The general appearance of properties along the segment of this commercial corridor is one of an older, less attractive community. Commercial re- development has been slow and erratic largely because the area lacks a supporting year round economic base. In the short run new development and redevelopment is likely to occur at a slow pace. In the long run, nearby development of Ave Maria and recent state law approvals for Seminole Casino gaming expansion could spark an increase in demand for residential and commercial development, but that still remains to be seen. LEGAL DESCRIPTION Lots. 8i e a2 and Zit 810C YPED WIIIDDU, aawrri tit to the Flat tJlareaf,.' ate recorded in R3ltt 'ok-2, at Page 36, of the. Public Records Ot Cpllier Coiutty Plordda. Lose the South 20 leotf of I Lots Z3` c>sd 23, pr4viousiyy acquired by ,flee 8ttr )R�d• �epaXt>t .a-Plclida. 19 The site address is as follows: There is no physical address Site 91 PROPERTY INFORMATION The subject site is a vacant rectangular shaped parcel with 25,300 square and sits at NW corner of the signalized intersection of North Ist Street and W. Main Street. The site fronts the west side of 1" Street for 230 feet and fronts W. Main Street for 110 feet. Access is currently along 1st Street as there is no curb 30 feet north of Main Street Legal access for development may only be granted along First Street given the close proximity to the signalized intersection. it is unclear as to what the County would allow for new development.. Full access could be granted at the north end of the subject. If not, legal U -turns can be made along First Street at North 2nd Avenue X400 feet north of the site for south bound ingress. Northbound egress maybe possible as it is currently physically possible. The site enjoys some of the best exposure to local traffic in Immokalee. Sidewalks are available along the east and south boundary of the site. The land is level in terrain and has an elevation of about 35 feet above mean sea level (NGVD). The entire site is filled to road level. The fill is attributed to old development that has been demolished. According to the County property record card the site has been improved with four separate improvements. Discussion of these old improvements will be in the impact fee credit section of this appraisal. Old water and sewer hook ups could not be found on the subject. The appraiser was unable to locate these utilities. The property record card shows a diagram of an old pump house that may have been a source of water for the old improvements. Public water, electricity, telephone service and TV cable are available. Drainage appears to be good. Surrounding uses are retail, office, and residential uses. ESTIMATED IMPACT FEE CREDIT Also important to value, but not neecssaril art of market value, is the vested impact fee credit that runs with the land. Based on county permit rcMr3st1—er-e-a—r—eT strictures that have been demolished. On 14 Noveember2011, discussions with the County Impact Fee Coordinators, Craig Davis and Paula Fleishman, indicate that the old demolished subject improvements will receive an impact fee credit. According to the County property record card demolished buildings include: 1. Retail Store with 3,232 sq.ft. demolished in 1973 estimated impact fee credit is $45,131.78 2. Retail Store with 3,000 sq.R. demolished in 1988 estimated impact fee credit is $41,892.12 3. Retail Store with 2,900 sq.ft. demolished in 1988 estimated impact fee credit is $40,495.72 4. Five apartments with 320 livable sq.fL ea. demolished in 1980 estimated impact fee credit is $48,008.80 if residential re- development occurs. if commercial re- development occurs the impact fee credit is less with no credit for school, library, and parks. The applicable commercial redevelopment impact fee is $29,833.73 These rates are subjectto change and in general have been on a declining trend overthe last 3 years. The total estimated impact fee credit is $175,527.70 for residential rc- dcvelopment or $157,352.63 for commercial re- development. This credit is based on the impact fee calculator on the County web site. The appraiser spent some time with the impact fee calculator plugging in various potential uses for the subject. 'These uses were consistent with current development code and zoning. The impact fee credit appears to be sufficient to cover most all impact fees related most commercial uses. For more intense uses such as conveniences store and fast food restaurants the credit will cover over 70% -100% of the impact fee costs depending upon the size of the improvement. Therefore, the impact fee credit in relation to re- development is a value added component to the overall subject value. How much value added depends on the use chosen 19 91 for re- development and when the impact fee credits are a realized benefit. This topic wilt be further discussed in highest and best use section of the appraisal and in the final indication of market value.. According to lmmokelee Water and Sewer there are no utility impact fees. It is doubtful that the subject was ever connected to Immokalee utilities as there is record of a water pump house which may have supplied water to the demolished structures. The appraiser assumes there is no connectivity or meters to the existing water and sewer utilities. Such fees are minimal and have no bearing on this appraisal. ENVIRONMENTAL CONTAMINATION This is a factor of unknown risk. The property is not adjacent to, or associated with, any known contamination point source and the current use in not considered in a high risk category. Environmental contamination seems unlikely. Unless otherwise stated in this report, the existence of hazardous substances or environmental conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Nothing like this was discovered during the property inspection and no environmental assessment report was madc available for review. Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test for such substances and conditions and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. The property was appraised as though uncontaminated and the value estimated is predicated on the assumption that there is no such condition on, in, or proximate to the property that would diminish value. NATURAL RESOURCE CONCERNS The entire site is cleared and mowed. There is nothing to indicate any natural resource concern Unless otherwise stated in this report, I have not discovered, been told of, or received documentation indicating any unusual natural resource concern that would tend to make this property more or less valuable than another. Specialized natural resource audits were not in the appraiser's required scope of work, the appraiser is not qualified to conduct such audits and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any extraordinary natural resource concerns, or for the knowledge and expertise required to discover them. The property was appraised as though there are no unusual natural resource concerns. GROWTH MANAGEMENT PLAN AND ZONING The Collier County Growth Management PIan (GMP) refers us to the Immokalee Area Master Plan (TAMP) which sets forth the future land uses and policies governing development. The TAMP identifies the property as being within a designated Commerce Center -Mixed Use Subdistrict. This subdistrict isknow .astheMainShtetOveriaySub- district (MSOSD) The purpose of this district is to provide for and promote economic development and efficient delivery of goods and services through greater density and intensity that encourage dense, clustered development; incorporating smart growth principles; and by providing greater development flexibility. The subject has two different zoning classifications. The property is zoned "C-4 MSOSD "General Commercial and VR- MSOSD" Village Residential. Both classifications are within the Main Street Overlay Sub - District as show on the map located in the Addendum. The subject northern 100 feet is zoned VR- MSOSD, depicted as the hatched mark area on the overlay. The hatch mark area allows commercial activity up to a maximum intensity of C -1 "Commercial 20 Professional and General 011:`ice District ". The reason for low intensity commercial is to buffer existing residential areas. The Main Street Overlay supersedes the VR zoning which only permits intense residential development. The C-4 zoned portion (southern 130 feet of the subject) allows for more intense and wider array ofpermitted commercial uses. A copy of applicable sections of the IAMP's "MSOSD "description and descriptions of VR, C -1, and C-4 zoning districts are included in the Addendum. PUBLIC UTILITIES AND CONCURRENCE The full range of utilities including sewer, water, electricity, telephone and TV cable are available. Adequate capacity exists to support full utilization of the site. The service levels along the adjacent road system are within acceptable limits as defined by Collier County. There are no concurrence issues adversely affecting this property. ASSESSMENT AND TAXES By statute, real estate in Florida is assessed at 100% of fair market value as of January I of the tax year. Certain discounts are allowed which represent costs of sale. The Collier County property appraiser applies statistical methods to assure that assessments comply with standards established by the Florida Department of Revenue. The tax assessment is usually not a reliable indicator of market value. The subject is assigned three identification numbers and is cumulatively assessed as such. The 2011 assessment was: Land $ 37,950 Improvements 0 Total $ 37,950 Taxes $554.27 (March payment) CENSUS AND FLOOD ZONE DATA The data pertaining to the subject property is: National Flood Insurance Program Flood Insurance Rate Maps Revised November 17, 2005 Community —Panel Number — 120067 15OG Flood Zone D — An area of undetermined but possible flood hazards. APPARENT OWNER OF RECORD The subject is owned by two separate owners. Each owner owns a separate parcel ID #. Parcel ID # 81681960009 Ayala, Mateo & Nora 207 Washington Ave Immokalec, FL 34142 21 X91 Parcel ID # 81681720003 Ayala, Cara A 207 Washington Ave Immokalee, FL 34142 . 91 According to the owner, the two owners are prepared to sell the subject together and not separate. TRANSACTIONAL HISTORY OF SUBJECT PROPERTY No prior transactions over the past 5 years. CURRENT STATUS OF SUBJECT According to discussions with the owner and the appraiser's files the property has been posted "for sale by owner" for about 12 months. According to the appraisers files and discussions with the owner in January 2011 the subject asking price was $250,000 or $9.88 per square foot. As of 1 l November 2011 discussions with the owner indicate the property asking price is $300,000 or $11.86 per square foot. The owner indicated that the property has not been listed by areal estate agent and it is not currently under contract. The owner said that they have been approached by the County for possible purchase. 22 ;. 91 PART FOUR - ANALYSIS OF DATA AND CONCLUSIONS 23 HIGHEST AND BEST USE 1:91 Definition Highest and best is defined as follows: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The definition is taken from page 171, The Dictionary of Real Estate Appraisal third edition, published in 1993 by the Appraisal Institute. Analysis - Physically Possible - County setback requirements for development indicate that the site is large enough to support a variety of commercial uses for a single or multi tenant user. See "C-4" General Commercial district setback requirement in the Addendum. Legally Permissible - Surrounding commercial development and excellent corner site exposure suggest some type of commercial development driven by high exposure. "C -4" General Commercial zoning permits a wide variety of commercial uses. The Main Street Overlay Sub - district ( MSOSD) restricts some C -4 commercial uses such as auto repair and fuel station As earlier mentioned the MSOSD eases restrictions of the residential VR zoning by permitting C -1 commercial. Essentially the entire site can be developed with commercial use with intense commercial use focused on the southern 130 feet. A well engineered SDP could place low intensity portions of the SDP within the northern 100 feet to satisfy site development plan requirements for parking open space and drainage. . Financially Feasible - Downtown multi- tenant retail and office space appears to be oversupplied as vacancy rates are high and rents are depressed. The site is too small for regional retail space that has grown over the last 5 years with new Dollar General and Family Dollar stores. With the MSOSD eliminating fuel service and automotive repair there are few exposure driven uses to choose. One could be a small convenience store /pharmacy or another national franchise fast food restaurant with drive through. The local Burger King, McDonald's, Wendy's, and Popeyes' appear to be financially feasible as they continue to remain in business. With the high exposure, high concentration of migrant foot traffic, and close proximity to employment centers, the site could viably support such commercial uses. Maximally Productive - The highest and best use of the aite is to develop with a commercial use that can benefits from high traffic exposure. With respectto the County proposing a park for the subject site, such development should be legally permissible. Public Parks are not associated with financial feasibility and are more dependent upon County budgetary expenses for park maintenance which is beyond the scope of this appraisal. CONSIDERATION OF APPROACHES Only the sales comparison approach is applicable to the vacant subject site. 24 c91 SALES COMPARISON APPROACH Introduction In the sales comparison approach, the subject property is compared with similar properties that have sold recently or for which listing prices or offering prices are known. Data from generally similar properties is used and comparisons are made to demonstrate a probable price at which the subject property would sell if offered on the market. This approach is particularly strong when comparable sale data is plentiful and there is good conformity among properties in the neighborhood. Following is the procedure to be followed in developing this approach: 1. Research the market to gather information on sales, listings and offers to purchase properties similar to the subject. 2. Verify the information as to factual accuracy and arm's length market considerations. 3. Identify relevant units of comparison and develop a comparative analysis for each unit. 4. Compare the subject with comparable sale properties using elements of comparison and adjust the sale price of each comparable appropriately. S. Reconcile the various value indications produced from the analysis of comparables into a single value indication or a range of values. The outline developed above is developed in detail on the following pages. Land Sales Data A search was made for land sales comparable to the subject site. Three closed sales were identified as the best available for analysis. No comparable listings with offering prices below values set by the most recent sales could be found. The data was limited as there have been few recent commercial vacant land sales. There is one recent sale that deserves mentioning as it could raise questions to value. This sale is the bank sale of the carwash on SR29 which was verified to be a foreclosure distressed bank sale. Such sales are not indicative of market value as the short marketing time and low price is representative of a liquidation value and not market value. A copy of the car was sale is included in the Addendum. Dollars per square foot of unit area was selected as the unit of comparison best adapted to this property type. It is the unit of comparison most often used by local buyers, sellers and brokers. Data for the comparable sales is given on the following pages. Each comparable is identified by number which will be used throughout the analysis. The location of each comparable can be determined from the map following this page. 25 LOCATION MAP FOR SUBJECT AND VACANT LAND COMPARABLES F-2) 02 1, a f1vi rl Rd 01 pal as -moin't, Pwk QD 10 03 Subject hs 26 f. 91 VACANT LAND COMPARABLE 01 LEGAL: Lengthy legal subject to easements and restrictions; Public Records of Collier Cotmty, FL. ^ ^^ 00122840009 No Site Address on W. Main Street OFF. REC. BOOK -PAGE: 4561 -1319 SALE PRICE: $232,500 DATE OF CONTRACT: Unknown DATE OF RECORDING: 4 -30 -10 LISTING PRICE: Unknown DAYS ON MARKET: Unknown GRANTOR: Shirley M. Brown PO Box 5155, Immokalee, FL 34142 GRANTEE: Collier County Redevelopment Agency 310 Alachua Street, Immokalee, Florida 34142 VERIFICATION: On 14 January 2011 the sister (Terri Brown) of the owner verified the sale as an arm's - length transaction. She said the County intends to build a public park on the property. FINANCING: Cash to seller. CASK EOU1V. PRICE: $232,500 AREA: 85,378 square feet (1.96 acres County Record not from legal) Break down: C -4 general commercial 115' frontage x 250'= 28,750 sq.ft. estimated; 33.67% RMF -6 residential 55,478 sq$, estimated; 66.33% UNIT PRICE: $2.72 per square foot TOPO- ELEVATION: Level: about 35 feet above mean sea level. DRAINAGE: Average GROUND COVER: Mostly cleared LAND USE DESIGNATION: Commerce Center /Mixed Use Subdistrict ZONING: "C4- MSOSD" Main Street Overlay District & "RMF -6" Residential Multi- family. The RMF -6 zoning it outside of the MSOSD overlay. The C-4 zoning is roughly one third of the total area. IMPROVEMENTS: None UTILITIES: All available. PRIOR SALES: No prior transactions over the last 5 years. 27 91, ; I 91 COMPARABLE O1 J:77 ��4` Ali n+ yr w� si Roughly one third of the area is zoned C-4. The bisecting fence fine is about where the zoning changes from C-4 to RMF-6 28 91 VACANT LAND COMPARABLE 02 LEGAL: Lengthy Legal; deed restricted parcel subject to a 15 foot access casement along the south boundary; Public Records of Collier County, FL. 52659910049 No Site Address off N. 15w Street OFF. REC. BOOK -PAGE: 4425 -0119 SALE PRICE: $916,100 DATE OF CONTRACT: Unknown DATE OF RECORDING: 04 February 2009 LISTING PRICE: Unknown DAYS ON MARKET: Unknown GRANTOR: Okeechobee Inn, Ltd. (Reliance Bank) 802 NW I A Street, South Bay, Florida 33493 GRANTEE: Suncoast Schools Federal Credit Union 6801 East Hillsborough Avenue, Tampa, Florida 33610 VERIFICATION: 19 October 2009, Scott Royal (partial owner grantor) verbified sale as an arm's - length transaction. He said the bank plans to eventually build a bank building on the site. FINANCING: Cash to Seller CASH EQUIV. PRICE: $916,100 AREA: 72,995 square feet (1.67 acres) UNIT PRICE: S 12.55 per square foot TOPO - ELEVATION: Level: about 35 feet above mean sea level; 2 -3 feet below road level DRAINAGE: Average; low area on western half. GROUND COVER: The western portion is less vegetated than the eastern portion. LAND USE DESIGNATION: Neighborhood Center ZONING: "C -3 SR29COSDII - Intermediate Commercial District/State Road 29 Commercial Overlay Sub - District IMPROVEMENTS: None. UTILITIES: All available. PRIOR SALES: No prior transactions over the last 5 years. 29 X91 COMPARABLE 02 CIR 91 VACANT LAND COMPARABLE 03 Ji LEGAL: Lengthy Legal; Public Records of Collier County, FL. 00076560008 1011 North 15th Street OFF. REC. BOOK -PAGE: 4706 -0231 SALE PRICE: $385,000 DATE OF CONTRACT: 15 mos.prior DATE OF RECORDING: 27 July 2011 LISTING PRICE: Unknown DAYS ON MARKET: 42 days on Loopnet GRANTOR: Mohan Raj and Kiruba Raj, husband and wife 4869 Southern Boulevard, West Palm Beach, FL 33415 GRANTEE: SR 29 LLC. 2760 N University Drive, Davie, FL 33024 VERIFICATION: On 16 November 2011 Seller's agent Ken V ickerson with Intervest Realty Sources, LLC verified the sale as an arm's length transaction. The sale was pending a 15 month County approval process for development of a 9,100 sq.ft. Dollar General retail store. No impact foe credits were involved with the sale. FINANCING: Sale financed as part of a construction mortgage for $1,295,000 CASH EOUIV. PRICE: $385,000 AREA: 42,000 square feet (0.964 acre) UNIT PRICE: $9.17 per square foot TOPO - ELEVATION: Level: about 35 feet above mean sea level. 1 -2 feet below road level DRAINAGE: Good GROUND COVER: Cleared LAND USE DESIGNATION: Commercial Subdistrict ZONING: "C-4 SR29COSD" - General Commercial District IMPROVEMENTS: A 24 foot by 31 foot accessarybam for adjacent residential property. It has since been demolished thus, it provided no contributory value. UTILITIES: All available. PRIOR SALES: No prior transactions over the last 5 years. 31 91 COMPARABLE 03 32 ,, 91 LAND SALES ADJUSTMENT GRID Note_ PlusAdjurbrionts shown without sign. Minus adjustrnents shown In ( ITEM SUBJECT COMP d'1 COMP 02 COMP N3 PROPERTY IDENTIFICATION Ayala Collier Co. Roder Suncoast Sohl CU_ SR 20 LLC NW Comer tst& Main W. Main tidest 11 16M $beat 1011 N. 161h Stud SALE PRICE WA $232,000 $918.ODD $380.000 CONDITIONS OF SALE Mabel Madret MmAVt MAW 0 0 O SUILDINO IMPROVEMENTS None lion* None No Contribution 0 0 0 rINANCINO Cash or Cash to Seller Cash to Seller Combuclion Loan Equivalent 0 0 0 ADJUSTED SALE PRICE N/A $232,000 $018,000 $356.000 Reoording Date NIA 30•Apr•10 .04-rob-00 .274411 Months Prior To Effective Daft 03- Nov -11 18.16 32.04 3.25 MARKET CHANOE ADJUSTMENT NIA 0 820.000) 0 ADJUSTED SALE PRICE NIA !232.600 !887.000 338GAW Stile In Square reel 25,300 85.378 72.006 42:000 PRICE PER ACRE 7 62 72 "Al S! 17 LOCATION NW Corner 1/IL Main W. Main $beet N. 16th Street N 16th Street EXPOSURE Oood Average Average Avenge ACCESS Avenge Average Average Avenge 0 0 0 SUBTOTAL NIA $212 $0.41 , 09.17 UTILITIESANFRASTRUCTURE PubhoWatedSevver PublioUiate"awar PublieWitedSewet PubhcWatad$*w*r Road Serves* OK Road Suvioe OK Road Service OK Road Service OK 0 0 0 COMPREHENSIVE PLAN/ Commoroe Center Comm.33%iLRed4 Neighborhood Ctu Commercial ZONING C-4 &MWSOSO C-4 MSOSDLRMF•8 C•3 SR2000SD C-4 SR2000SD 4.81 0 0 SIZE INSQUAR£ FEET 26,300 sq.tt 86.378 sq. R 72,006 sq. R 42AW sq. R. SHAPE/CONFIOURATION Rectangular Irregular Rectangular Rectangular 0 O 0 PHYSICAL CHARACTERISTICS Leval. ,0/, 38' MSL Level: ♦/ 3& MSL Level: *I.36' MSL Level; eh 3W MSL (Terrain, Elevation, Vegetation Cleared Cleared Cleared A Mad Vop Improved 33 Discussion of Adjustments 91 Usually, comparable sale properties are not exactly like the subject property. If a typical buyer would perceive the difference to be significant, then adjustment(s) must be made to the comparable sales so that in the end each offers a realistic indication of value for the subject. Adjusting comparable sales is a two step process. First, adjustments are made so that all of the comparable sales meet the standard of a "market" transaction as outlined in the definition of market value. The fast group of adjustments is made before the comparable sales are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of adjustments is made after an appropriate unit of comparison is chosen. These adjustments account for physical differences like location, physical characteristics and size. Sometimes adjustment is required for differences in the permitted land use (zoning) or in the availability of public services (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. Conditions of Sale — This adjustment category is intended to account for a variety of factors that might affect the purchase price. These factors include, but are not limited to, fees or commissions not paid as part of the purchase price, personal property included with the sale of real estate and buyer /seller motivations inconsistent with the normal market that result in a premium or a discounted purchase price. None of the comparables required adjustment in this category. Building Improvements — This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that make a positive contribution to the sale price require a negative adjustment. Buildings that are demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. None of the comparables required adjustment in this category. Financing — Adjustments in this category are intended to account for unusual terms of financing that are not considered equivalent to cash or conventional financing. Where conventional financing is not the norm, other terms of financing may be "cash equivalent" provided such terms are not so favorable that the purchaser is induced to pay a price outside of the normal market range. None of the comparable sales require adjustment in this category. Market Change — This adjustment is intended to account for changes in value resulting from the ebb and flow of market forces over time. This is often referred to as a "Time" adjustment. The more precise term is Market Advancement or Market Decline. Considered by this adjustment are the influences of local supply and demand as well as broader financial considerations such as inflation and recession. The market exhibited steep price declines from mid 2007 to mid 2009 and has since been followed by a period of price stabilization to date. Comparable 2 sold early 2009 and was mostlikely contracted 30 -90 days prior to this closing date. W ith the contractual and closing dates during the time of dramatic price declines a market change adjustment is required. In this category a negative 25% was made to comparable 2. Location/Access/Exposure — This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. The characteristics of location include access to the neighboring road system, traffic counts, corner characteristics, the amount of road frontage and the economic strength of the immediate vicinity. Occasionally, proximity to some desirable or undesirable geographic feature or manmade object is influential. Although the subject is on a comer lot with superior exposure at the signalized intersection it is questionable if any access along Main Street would be granted given the narrow 110' frontage and close proximity to the signal. Subject access will most likely be allowed on first street only. Therefore, none of the comparable sales require adjustment in this category. 34 91 UtilitieOnfrastructure — This category of adjustment references the availability and adequacy of the road system, the public water distribution system and the publicwaste water collection system of each comparable property as itcompares with the same services available to the subject property. None of the comparable sales require adjustment in this category. Comprehensive Plan/Land Use — This category of adjustment considers differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation though zoning and land use controls. Comparable 1 and the subject both have a mix of commercial and residential zoning. However, the entire subject is within the MSOSD which allows commercial use for 100% of the site.. Commercial zoning and MSOSD area for Comparable 1 is roughly 33 %. The remaining 67% is residential zoning with no guarantee or future land use designation for commercial use. As such the significant lower price paid for this comparable reflects a weighted average of commercial and residential zoning. Prices exhibited for vacant residential land is found to be around $0.39 per square foot. To make this comparable similar to the subject a significant adjustment was made to bring the residential portion up to prices reflected by a 100% commercial parcel. A mathematical formula was developed to estimate this adjustment. The formula factors the price and area of residential land and results in an adjustment that is the difference between the overall average price paid ($2,72psf) and the price reflecting the estimated price paid for 100% commercial. In other words, the resulting adjustment reflects the site as though it has a 100% commercial land use. With the majority of the comparable residential land a significant adjustment of 270% was required. Size /Shape — This category of adjustment addresses the affect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size and term of the financial investment required of an investor /speculator is such that the unit price is reduced. None of the comparable sales require adjustment in this category. Physical Characteristics — This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics include land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. None of the comparable sales require adjustment in this category. Recapitulation of data After making the adjustments discussed above, the comparable sales offer indications of unit value for the subject property as follows: Price Per Square Foot Sales Indicated For Subieci $7.33 $9.41 $9.17 Reconciliation To arrive at a conclusion of value for the subject site, the indications of value are used to bracket the subject vacant land value estimate based on the how well each comparable reflects overall superior or inferior characteristics. W Comparable 3 is most like the subject as it required , . ed no adjustments. It is the best comparable available and was heavily 91 weighted at 70%. Comparable 2 is the next best sale that required a large market time adjustment and was weighted 25 %. Comparable 1 required significant adjustment for land use limitations. Although this value indicator does not appear to be a good comparable, it was included for two reasons. For one, it was the next best comparable to use in a stagnate market. For two, this sale needed to be diffused as it does appears to be a similar comparable when realistically it is not thus, comparable I was weighted 5 %. After adjustments, the value indicators ranged from $7.33 to $9.41 per square foot and average $8.63. The weighted average results in a value indication of $9.14 per square foot. After all consideration, I settled on the weighted average at $9.14 per square foot. PRELIMINARY ESTIMATES OF MARKET VALUE Adopting a unit value of $9.14 per square foot results in an indication of value by the sales comparison approach of $231,242 (25,300 sq. ft. x $9.14 per sq. ft.). Estimate of Value Added for Impact Fee Credit None of the comparables used in the sales comparable analysis had any significant impact fee credits. W itb commercial development as the highest and best use the estimated impact fee credit towards new commercial rc- development as of the effective date was $157,352.63 Full value recognition of this impact fee today can only be realized for proposed construction assuming the use would utilize the entire credit. However, there is no current proposed construction and given the slow economy these fees could only be realized after a 12 -18 month marketing period and possibly another 12 -18 month period for the County SDP approval process thus, resulting in a possible 36 month hold period. W ith a 36 month hold period there is substantial risk associated withholding purchased impact fee credits. Rates have been in a declining trend over the last few years Even an impact fee moratorium to spur development is not impossible. The risk associated with holding substantial impact fee credits should factor: no current development plan, marketing time, SDP development time, declining impact fee rates, alternative development of low intensity commercial (lower impact fee requirements) and the rare possibility of a moratorium. For the present value calculation the appraiser estimates an excessively high risk discount rate of 40% over a 3 year hold period. The resulting net present value of holding the impact fee credit over the next three years is $57,344. FINAL ESTIMATE OF MARKET VALUE Combining the subject preliminary market value with the net present value estimate of the impact fee credit results in the final indication of market value. As of 03 November 2011 the market value of the fee simple interest of the subject property is $288,586 ($232,2342 + $57,344), rounded to $290,000 Sunstate Appraisal Group, LLC John W. Loukonen State - Certified General Real Estate Appraiser RZ 3317 36 t91 ADDENDA CONTENTS (In order of appearance) Page Topic Page Count Assumptions and Limiting Conditions ............................. ............................... 2 Certifi cation.................................................. ............................... I EngagementLetter ............................................. ............................... 1 Copy of IAMP's Main Street Overlay Subdistrict ..................... ............................... 4 Subject C -1 and VR, and C -4 Zoning Classification .................. ............................... 10 Impact Fee Credit Estimates ...................................... ............................... I Copyof Distressed Bank Sale .................................... ............................... 2 Qualifications of Appraiser .... . ................ ............................... . 37 ASSUMPTIONS AND LIMITING CONDITIONS X91 The certification ofthe appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND /OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2 -2(b) of The Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, It might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses Is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to he good and marketable. 2. The property is appraised free and clear of liens and encumbrances. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no responsibility for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material is included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "vested" under, all applicable zoning, use regulations and restrictions. 4. It is assn ned that all required licenses, certificates ofoccupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass. 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection I will be sensitive to obvious signs of contamination and I will report anything unusual. however, this appraiser is not qualified to render a professional opinion regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 691 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or to be in attendance in court. 15. Neither all nor any part of the contents of this report (especially any opinions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. This appraisal for Collier County will be subject to Chapter 119, Florida Statutes, also known as the "Public Records Law ". a CERTIFICATE OF APPRAISER I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF; I personally inspected the subject property. Further, I made an inspection of all comparable sales and/or listings identified in the report. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and arc my personal, impartial and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 1 have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I am also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report John W. Loukonen has completed the requirements of the continuing education program of the State of Florida SUNSTATE APPRAISAL, GROUP, LLC. c L V4_-- John W. Loukonen State- Certified General Real Estate Appraiser RZ 3317 ENGAGEMENT LETTER _ t.. Carty Boa�tt oECaub Goe�i®orro CdKw CamV Bard oi cap* coo isimws 3W'rssIMf IN E �• ; Aft Acowo ftYttlo &%pin FL f41 ta4m 72w TasiaviTA N $b 7aa Tar BWfFt•a6aat7attIWW -2 Ntptsa FL 741t2400 vomiortt 12=74 Jo1Ot tN LOtKO11E1t B N PATIAMABiALGNOUP LLC Pro Nrx as ESTEROFL non Pbafa datMar W. Immokalaa CRA SuNa 2132D North 1 SK Stlagt Immokolaa FL 94142 TraadParmnt NotooDgs PumbanOrdarnood snwtapearasaBwYltd cortaspaadww&..hipping papal and !+wives: Purchase order ., _.. 4900132791 c•,162W2011 .tea•. a.. Iaaiook Oomw maul DaWmy Dab: x736=2 Currency U90 r aorta Apax►dtwA" t WWII Tour none Taro artipto a panels at do Iraatadmol Math 1st Suet"L1tn Wtssth lwatdwks. FL PMrs mml7mw w!d _ a81�1rtEfoag, Tatd.rflrtlumotl W UtD 7af.00 VENDOR Tom* mit CondiSom Tho VENDOR M C4w *Pw-ow i+ethornsY: W- 0Av"AdiwVovjw h bxAq ilpaga.,7f2 Fsni m dak att2 bkAW4. Bxdad V ddh'ry "paymro arm FwiM dw V6#100R xWoae b itovldtgoods mid snwiosaaufirdinftPtschsta Order with dog 1, - tans,dbtMaryareatodrrd Wedlrafa a hYd shows. Nofhde�ridn IsnrdsMritardrlulfeaanteantotaasrasspaiiied Cetiw C w* Baatd otCatr*j Catmeatiatrrs Arty: Amaatia Flapbo 7299 Tarimd Td E Ste loo !loom FL 34112474D Fkxvh aa'Ordrrit mdtvitedurdw diociwt oECdlir Caunty Board dCox* t:omttsdaars br= t .,. Strplan V. Crrwi, C www Se Man 1 pxtlwnp Diactr 91 ► COPY OF IAMP's MAIN STREET OVERLAY SUBDISTRICT 5. Main Stre4 Owrtay StrWistrict Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD' on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage developrnerrt and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permuted as of right in this Subdistrict: 1. Hotel and motels (7011) 2. Communication towers, as defined in section 5.05,09, subject to the following: I. Such tourer is an essential service use as defined by subsection 2.01.03A4; and ii. Such tower may not exceed a .height of 75 .feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street �reday Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: 1. -Al uses allowed in the Commercial Professional District (C -1), of this Code, except for group 7521. 2. Communication towers, as defined in section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A4, and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. 91 C. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: 1. Automobile parking (7521) on all properties having frontage on Main Street, North First Street, South First Street and North 9u' Street within the Main Street Overlay Subdistrict. 2. Automotive dealers (5511, 5521, 5531 installation, 5551, 3561, 5571, .5999) on all properties having frontage on Main Street, North First Street, South First Street and North a Street within the Main Street Overlay Subdistrict. 3. Gasoline service stations (5541) on all properties having frontage on Main Street and gasoline seance stations (5541 with services and repairs as described in section - 5.05.05) are on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. 4. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street, South First Street and North P Street within the Main Street Overlay Subdistrict. 5. Automotive repair, services, parking (7514, 7515, 76621) and carwashes (7542') on all properties having frontage on Main Street, North First Street, South First Street and North 9°' Street within the Main Street Overlay Subdistrict. 6. Radio and television repair shops (7622 automotive) is prohibited on all properties having frontage on Main Street, North First Street, South First Street and North 9s' Street within the Main Street Overlay Subdistrict. 7. Outdoor storage yards and outdoor storage are prohibited within any front, side or rear yard on all properties within the Main Street Overlay Subdistrict. 8. Drive - through areas shall be prohibited on all properties having frontage on. Main Street, North First Street, South First Street and North 9s' Street within the Main Street Overlay Subdistrict. 9. Warehousing (4225), 10. Communication towers, as defined in section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. 11. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. a d. Accessary uses. 1. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. 2. Communication towers, as defined in section 5.05.09 subject to the following. I. Such tower is an essential service use as defined by subsection 2.01.03 A4., and il. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in section 10.08,00 and as set forth'below. L Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict, III. Communication towers, as defined in section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A 4 that exceed a height of 75 feet above grade including any antennas attached thereto. f. Special requirements for outdoor display and sale of merchandise. L Outdoor display and sale of merchandise, within the front and side yarde on improved properties, are permitted subject to the following provisions: a) The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and is indicated on the proprietors' occupational license. b) The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: it Vehicular and pedestrian traffic safety measures. 11) Location of sale/display of merchandise in relation to parking areas. tit) Fire protection measures M Limited hours of operation from dawn until dusk 91 *.,tv or] LIIIIIIW IIUUIJ UI WV"WUVII 'UVlit VVWII WInII W.00%. fi. Outdoor display and sale of merchandise w0on the sidewalk area only shall be permitted in conjunction with "Main Smell' approved vendor calls, provided the applicant submits a site devslopmenrt plan which demonstrates that provisions will be made to adequately address the following. a) Location of sale/display of merchandise in relation to road rights- of-way, b) Vendor cans are located on sld*wrdksthatt afford the applicant a fWe (5) foot clearance for non - obstructed pedestrian traffic; and e) Limited hours of operation from dawn until dusk COPIES OF SUBJECT ZONING C -1 CLASSIFICATION 1. ` 9 A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of ollics type buildings and land uses that are most compatible with, and located near, residential areas Most 0-1 commercial. professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions The market support for these 0*9 uses should be those with a localized basis of market support as opposed to office functions requifavg inter - jurisdictional and regional market support Because office functions have significant employMw characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convaniance commercial uses shall be made an integral pad of an office huilding as opposed to the singular use of a ballding Housing may also be a component of this district as provided for through condidomail ese approval 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (19137), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C,1 commercial professional and germal office district a. i°erlith i arcs. 1. Accounting (8721)_ L Adjustment and collection services (7322). 3. Advertism►g agencies (7311) 4. Architectural services @712). Auditing (8721). 6. Automobile parking lots (7521) only. 7. Barber shops (7241, except for barber schools). L Beauty shops (7231, except for beauty schools). 9. Bookkeeping services (6721). 10. Business consulting services (8748). 11. Business credit institutions (6153-61513). IL Child day care services (®351). 11 Computer programming, data processing and other services (1371 — 7376, 7379). X Credit reporting servicas (C323). I& Debt counseling (7299, no other miscellaneous services) K Direct mail advertising services (7331). 1.7. Educational plaids It. Engineering services (8711). 91 W It. Engineering services (8711). 119. Eseentlail services, subject to section 2.01.03. 20. Group care facilities (category I and 11, except for homeless shatters); care unite, except for homeless shelters, nursing homes, assisted IiWny facilhies pursuant to F.S. §400.402 and ch. 58AS F.A.C., and continuing care retirement communities pursuant to F.S. §651 and ch_ 4 -193 F.A.C., all subject to section 6.05 04 21. Neafth services, offices and clinics (8011 --W49) 22. Insurance carriers, agents and brokers (6311 -6399, 6411) 23. Landscape architects, consulting and planning (0781). 24. Legal services (8111). 25. Loan brokers (6163) 26. Management services (8741 R 8742). 27. Mortgage bankers and loan correspondents (6162). 28 Personal credit institutions (6141). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction vaih another permitted use in this district - no stand- alone facilities shall be permitted). 31. Public .relations services (8743). 31 Radio., television and publishers advertising representatives (7313). 31 Real Estate (6531--6562). 34. Secretarial and court reporting services (73313). 35. Security and commodity brokers. dealer, exchanges and services (6211- - 6,2B9). 39. Shoe repair shops and shoeshine parlors (7251). 37. Social services, individual and family 1:8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 38. Surveying services (8713). 39. Tax return preparation services (7291). 40 Travel agencies :(4724, no other transportation services). 41. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the adminisitrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office b. Accessory uses. 7. Uses and strictures that are accessory and incidental to the uses permitted as of right in the C -1. C -1fr district. 91 2. Caretaker's residence, subject to section 5,03.05. G CondSonal uses. The f+olkw /trig uses are permissible as c oalitiorta/ rises !" the (C•1) comntercW p►ofossjonal and yoneral office dlsrrict, subject to rite standards and procedures *WhIlshed in section 10.OLOO. 1. Ancillary plants. 2. Automobile parking, automobile parking garages and parking structures (7521 -- shall not be construed to permit the activity of "tow -in parking lots ") 3. Banks, credit unions and trusts (6011 --6M) 4. Church*& S. Civic, social and fraternal associations (8641). 6. Educational services (8211- 8222). 7. Funeral services (7261, except crematories). Home health care services (8082). 9. Homeless shelters 10. Ubrades 03331, except regional libraries). 11. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. Asite development plan is approved pursueni to section 10.02.03 that is designed to protect the character of the residential uses and of the neighboring lands; IL The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment, 111. The residential uses are designed so that they are compatible with the commercial uses; Iv. Residential. dwellings units are located above principal used V. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (60%) percent of the gross floor area of the building, vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unk shall contain the following minimum floor areas: Efficiency and one - bedroom, 450 square teat; two- bedroom, 660 square feet; thrmbedroom, 900 square feet; X91 Ix. A minimum of 36 percent of thp mixed use development shall be maintained as open space TW following may be used to satisfy the open space requirements, areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native veyetation is maintained), X. The mixed commercialfresrdential suuct►ne shall be designed to enhance compadbiltty of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular access ways and parking areas from residential units, to the greatest extent possible. YL Religious organizations (8661). 11 Soup kitchens. It Veterinary services (0742, excluding outdoor kenneling). 73. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeats .pursuant to section 10.08.00. 91 COPIES OF SUBJECT ZONING VR CLASSIFICATION aurmes, cuws; guars. Hugs, ttrru the n« e. F. Village Residential District (VRj. The purpose and intent of the village residential district .(VRj is to provide lands where a mixture of residential uses may exist AddrtiopaNr, uses are located end designedlo maintain a village residential. character which is generally low prortle, relatively small balldDsg footprints as is the current appearance of GQodland and .Copeland. The VR district corresponds to and impkmants the mixed residential land use designation on the Immokalsa.future land use map of the Colter County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collar County .GMP, though there is some existing VR zoning in the coastal urban area. The maximum dewily permissible -in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land. use element of the Collier County GMP. The maximum dertefy permissi . 91 1. Boatyards and marinas, subject to section 5,03.06 and the applicable review criteria set forth in section 5.05,02. 2. Child care centieve and adult day care celftm 3. Churches. 4. Civic and cultural facilities. & Cluster housing, subject to section 4.(}2.04 6. Fraternal and social clubs. 7. Schools, private, Also, "Ancillary plants' for public schools. L Group care fadlidas (ctitegoty I and D►: care units; nursing homes; assisted living facilities pursuant to § 400.4002 F.S and ch. 5114-5 F.A.C., and continuing. care retirement communities pursuant to § 651 .F. S antl ch. 4- 193 VAC.; all subject to section 5.05.04. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properliesllot$:parcels included in an approved.prohminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to. section 5.04.04. d. Prohibited animals in residential districts The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. iv 91 COPIES OF SUBJECT ZONING C-4 CLASSIFICATION General Commercial District (C -4). The general commercial district (C -4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of Comm ercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C -1 through C -3 districts. As such, all of the uses permitted in the C -1 through C -3 districts are also permitted in the C -4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it i s associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C -4 district because most activity centers arc located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locations[ criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C -4). Permitted uses. Accounting (8721). Adjustment and collection services (7322). Advertising agencies (7311). Advertising — miscellaneous (7319). Agricultural services (0783). Amusement and recreation services, indoor. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). Ancillary plants. Animal specialty services, except veterinary (0752, excluding outside kenneling). Apparel and accessory stores (5611- 5699). Architectural services (8712). Auditing (8721). Auto and home supply stores (5531). Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots "), Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). Banks, credit Unions and trusts (6011- 6099). Barber shops (7241, except for barber schools). Beauty shops (7231, except for beauty schools). Bookkeeping services (8721). Bowling centers, indoor (7933). Building cleaning and maintenance services (7349). Business associations (8611). Business consulting services (8748). Business credit institutions (6153 -- 6159). Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). L 91 w Cable and other pay television services (4841) including communications towers up to specified height, subject to section - 5.05.09. Carpet and upholstery cleaning (7217). Carwashes (7542) provided that carwashes abutting residential zoning districts.shall be subject to section 5.05.11 of this Code. Child day care services (8351). Churches. Civic, social and fraternal associations (8641). Coin - operated laundries and dry cleaning (7215). Coin operated amusement devices, indoor (7993)_ Commercial art and graphic design (7336). Commercial photography (7335). Commercial printing (2752, excluding newspapers). Computer programming, data processing and other services (7371- 7379). Computer and computer software stores (5734). Credit reporting services (7323). Dance studios, schools and halls, indoor (7911). Detective, guard and armored car service (7381, except armored car and dog rental), Department stores (5311). Direct mail advertising services (7331). Disinfecting and pest control services (7342). Drycleaning plants (7216, nonindustrial drycleaning only). Drug stores (5912). Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locations[ requirements of section 5.05.01 Educational plants. Educational services (8221 and 8222). Electrical and electronic repair shops (7622- 7629). Engineering services (8711). Equipmentrental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). Essential services, subject to section 2.01.03 Facilities support management services (8744). Federal and federally- sponsored credit agencies (6111). Food stores (groups 5411-5499). Funeral services (7261, except crematories). Garment pressing, and agents for laundries and drycleaners (7212). Gasoline service stations (5541), with services and repairs as described in section 5.05.05 General merchandise stores (5331 - 5399). Glass stores (5231). Golf courses, public (7992). Group care facilities (category I and II, except for homeless shelters); care units,.except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4 -193 F.A.C.; all subject to section 5.05.04 Hardware stores (5251). Health services, miscellaneous (8092 - 8099). Health services, offices and clinics (8011- 8049). Home furniture and furnishings stores (5712 - 5719). Home health care services (8082)_ Hospitals (8062- 8069). Hotels and motels (7011, 7021 and 7041) when located within an activity center. Household appliance stores (5722). Insurance carriers, agents and brokers (6311 -6399, 6411). Labor unions (8631). Landscape architects, consulting and planning (0781). Laundries and drycleaning, coin operated - self service (7215). Laundries, family and commercial (7211). Laundry and garment services, miscellaneous (7219). 9' Legal services (8111). + Libraries (8231). Loan brokers (6163). Management services (8741, 8742). Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02 Medical and dental laboratories (8071 and 8072). Medical equipment rental and leasing (7352). Membership organizations, miscellaneous (8699). Membership sports and recreation clubs, indoor (7997). Mortgage bankers and loan correspondents (6162). Motion picture theaters (7832). Motorcycle dealers (5571). Museums and art galleries (8412). Musical instrument stores (5736). News syndicates (7383). Nursing and professional care facilities (8051- 8059). Outdoor advertising services (7312). Paint stores (5231). Passenger car leasing (7515). Passenger car rental (7514). Personal credit institutions (6141). Personal services, miscellaneous (7299). Personnel supply services (7361 & 7363). Photocopying and duplicating services (7334). Photofinishing laboratories (7384). Photographic studios, portrait (7221). Physical fitness facilities (7991). Political organizations (8651). Professional membership organizations (8621). Professional sports clubs and promoters, indoor (7941). Public administration (groups 9111-9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). Public or private parks and playgrounds. Public relations services (8743). Radio, television and consumer electronics stores (5731). Radio, television and publishers advertising representatives (7313). Radio and television broadcasting stations (4832 & 4833). Real Estate (6512, 6531- 6552). Record and prerecorded tape stores (5735). Religious organizations (8661). Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Research, development and testing services (8731- 8734). Retail - miscellaneous (5921 -5963, 5992 - 5999). Retail nurseries, lawn and garden supply stores (5261). Reupholstery and furniture repair (7641). Secretarial and court reporting services (7338). Security and commodity brokers, dealer, exchanges and services (6211- 6289). Security systems services (7382). Shoe repair shops and shoeshine parlors (7251). Social services, individual and family (8322 -8399, except for homeless shelters and soup kitchens). Surveying services (8713). Tax return preparation services (7291). Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09 Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09 �J Theatrical producers and miscellaneous theatrical services, indoor (7922 -7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). United State Postal Service (4311. except major distribution center). Veterinary services (0741 & 0742, excluding outside kenneling). Videotape rental (7841). Vocational schools (8243- 8299). W allpaper stores (523 1). Watch, clock and jewelry repair (7631). Anyuse which was permissible under the prior General Retail Commercial (G RC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. Any other commercial use orprofessional 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. Any other commercial or professional use which is comparable in nature with the (C -1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00 Accessory Uses. Uses and structures that are accessory and incidental to the uses permitted as of right in the C -4 district. Caretaker's residence, subject to section 5.03.05 Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C -4), subject to the standards and procedures established in section 10.08.00 Animal specialty services, except veterinary (0752, with outside kenneling). Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). Auctioneering services, auction rooms (7389, 5999). Automotive dealers and gasoline service stations (5521, 5551, 5561, 5599 outdoor display permitted). Automotive rental and leasing, outdoor display permitted (7513, 7519). Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 5.05.01.). Communication towers above specified height, subject to section 5.05.09 Fire protection (9224). Fishing, hunting and trapping (0912 - 0919). Fuel dealers (5983 - 5989). Homeless shelters. Hotels and motels (7011, 7021, 7041 when located outside an activity center). Kiosks. Legal counsel and prosecution (9222). Local and suburban transit (groups 4111 -4121, bus stop and van pool stop only). Motion picture theaters, drive -in (7833). Permitted use with less than 700 square feet of gross floor area in the principal structure. Police Protection (9221). Public order and safety (9229). Soup kitchens. Motor freight transportation and warehousing (4225, air conditioned and mini -and self storage warehousing only). Veterinary services (0741 & 0742, with outside kenneling). Any other general commercial use which is comparable in nature with the foregoing list ofpermittcd uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 1. 91 IMPACT FEE CREDIT ESTIMATES ll—fi 1, vt � ~y wpxt fm WT WUMM), ekBew nwibKt Ub Ity WpXT NOT M-LUMD, VWaW ca-gan I ublmft at 25Z-4m fw waler wd sv000 Arkw i Qtj:jUL% jA �-QJ5 fty **W Wd W*,w HtVwtt NW %Raw wvall o I 4,Kt t F ezi jo, P, 1. P: 1. d i r7," �L, mt Nqw k;blm -ol 0.11 1 1, 1. 71, .'J ll—fi 1, vt � ut*ty to%malm NoT ftluceA pwm "3nwo 'Ality vrpKl f" NOT MLVM. Mwom n~ umm of ZZ-Am tr wow ad wwar wpw utpltb at 25z-v!5,f& waw NW %Raw wvall o I 4,Kt t F ezi jo, P, 1. P: 1. �L, mt -ol 0.11 1 1, 1. .'J 91 DISTRESSED BANK SALE 10156 LEGAL: Lot 1 of that certain subdivision known as K.A. Wallace Subdivision, recorded in Plat Book 40, Page 53, Public Records of Collier County, FL. 52659910049 830 N. 15'h Street OFF. REC. BOOK -PAGE: 4623 -0444 SALE PRICE: 5240,000 DATE OF CONTRACT: Unknown DATE OF RECORDING: 12 November 2010 LISTING PRICE: Unknown DAYS ON MARKET: Less than 90 GRANTOR: El Toro Holdings, LLC. (Reliance Bank) 14241 Metro Parkway, Fort Myers, Florida 33912 GRANTEE: TWC Enterprises, LLC 301 N 15" Street, Immokalec, FL VERIFICATION: On 20 January 2011, Curtis Blocker Sr.(Grantee) verbified the REO sale. He felt the purchase was a great deal considering that he has spent an additional $100,000 for equipment to get the car wash back into operation. FINANCING: Cash to Seller CASH EOUIV. PRICE: $240,000 AREA: 30,492 square feet of land (0.70 acres) UNIT PRICE: $7.87 per square foot TOPO- ELEVATION: Level: about 35 feet above mean sea level DRAINAGE: Good GROUND COVER: Improved with site development plan. LAND USE DESIGNATION: Commercial Subdistrict ZONING: "C -4 SR29COSD" - General Commercial District/State Road 29 Commercial Overlay Sub - District IMPROVEMENTS: Self service car wash built in 2002. The structure appears to be in good condition however the carwash equipment was inoperable. UTILITIES: All available. PRIOR SALES: No prior market sales in the last 5 years. In September 2010, Reliance Bank foreclosed on the prior owners. Reliance Bank has a real estate holding company called El Toro Holdings (Grantor). � R 6 1 7 load • 1 7 load I 691 OUALIFICATIONS OF JOAN W. LOUKONEN EDUCATION University of Florida, Gainesville, FL. B.S. - College of Agriculture. Food and Resource Economics 1997 University of Florida, Gainesville, FL. M.S. - College of Agriculture, Master of Agribusiness (Included course work from University of Florida's MBA program) 1998 Florida Real Estate Appraisal Board (FREAB) Certified Residential Appraisal Course, May 2007 FREAB Certified Income Capitalization Appraisal Course (A113), October 2007 Appraisal Institute Courses FREAB Certified & AI Course; Site Valuation and Depreciation, February 2009 FREAB Certified & Al Course; Appraisal of Local Retail Properties, May 2009 FREAB Uniform Standards of Professional Appraisal Practice (USPAP), May 2010. FREAB Certified & Al Course; Florida Law & Appraisers Roles and Rules, May 2010 Al Business Practices and Ethics, May 2010. Al Residential Appraisal Update: Staying Competent in a New Decade, May 2011 Continuing Education John Loukonen has met the continuing education requirements of the State of Florida and is currently pursuing the Appraisal Institute's MAT designation. PROFESSIONAL EXPERIENCE Lamar Rou Produce, coordinating harvest, packing, and shipping of wholesale watermelons while migrating with the crops along the US eastern coast from Immokalee FL, through N.FL, GA, SC, NC, MD to DE. May - Aug 1993 -1997. Work was 7 days per week until commencement of fall college classes at UF. Six L's Packing Co., Immokalee, FL; Sales ofwholesale melons and vegetables on location ofvarious growing, packing and shipping operations in FL, GA, SC, VA, MI, and MD; 99' -06'. Managing Member of LOKO, LLC a personal investment/management company of residential rental property2005- current. Operated as sole proprietor prior to 2005 since 1994. Carroll & Carroll Real Estate Appraisers, Inc., Naples, FL Commercial Division - Associate appraiser supervised by Ray Carroll, May 2006 -May 2009. Sunstate Appraisal Group, LLC., Estero, FL President; June 2009 - current PROFESSIONAL RECOGNITION State Certified General Real Estate Appraiser #RZ3317; Earned 06 -03 -09 MEMBERSHIPS AND CIVIC APPOINTMENTS Appraisal Institute; Associate Member 2006- present Appointed to the Estero United Methodist Church Finance Committee. 2007 -2010 Appointed to Estero United Methodist Church Long Range Planning Committee 2009 - present. Elected Chairman of the Board of Trustees Estero United Methodist Church 2010- present. PRACTICE AND EXPERIENCE INCLUDES ASSIGNMENTS FOR Agricultural (citrus/farm /pasture /migrant labor camp) Single and Multi - Family residential Commercial Properties (Office/Rcrail/ /Industrial) Insurable Value (Condominiums) Special Purpose Properties (Church, funeral home) Tax Appeals REO and Foreclosure Property Court Witness Testimony Areas of experience: Lee, Collier (including Immokalee), Hendry, Charlotte, Glades and Jackson County. 91 of XXXX W MAIN ST (NO SITE ADDRESS) IMMOKALEE, FL 34142 AS Of: JAN 25, 2012 Prepared For: IMMOKALEE CRA Prepared By: ROOSEVELT LEONARD COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT 3301 TAMIAMI TRAIL E NAPLES, FL 34112 f Nroduced by ClickFORMS Software 800 -622 -87 I FRONT OF SUBJECT PROPERTY .15 acre lot (Mateo Ayala) IMMOKALEE, FL 34142 REAR OF SUBJECT PROPERTY .43 acre lot (tiara Ayala) BIRD'S VIEW STREET SCENE Page 2 of 8 COL I COUNTY GOVERNMENT REAL PROPERT 3T SUBJECT PHOTO ADDENDUM File No. AYALA Case No. Borrower OWNER CLARAAYALA 9' ImmW Address )0= W MAIN ST (NO SITE ADDRESS) , City IMMOKALEE Coulty COLLIER sme FL 41) Code 34442 Londe IMMOKALEE CRA Address f Nroduced by ClickFORMS Software 800 -622 -87 I FRONT OF SUBJECT PROPERTY .15 acre lot (Mateo Ayala) IMMOKALEE, FL 34142 REAR OF SUBJECT PROPERTY .43 acre lot (tiara Ayala) BIRD'S VIEW STREET SCENE Page 2 of 8 COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT i—AND APPRAISAL REPORT File No. AYALA Borrower OWNER CLARA AYALA Census Trail 114.00 Map Reference 2EG4 Property Address )O= W MAIN ST NO SITE ADDRESS ` City IMMOKALEE County COLLIER Slate FL Zip Code 34142 Legal Description SEE ATTACHED ADDENDA Sale Price $ NA Date of Sale NA Loan -erm yrs. Property Rghts Appraised _X j Fee Leasehold De Minimis PUD Actua Real Estate "axes $ ATTACHED (yr) Loan Charges to be paid•by seller $ Other Sales Concessions NONE LenderlCl!ent IMMOKALEE CRA Address Occupant VACANT LAND Appraiser ROOSEVELT LEONARD Instructions to Appraiser FAIR MARKET VALUE Lccaton X J:ban Suburban 1 Rural GoodAv . Fair Poor Suilt Up X Over 75% 25% to 75% Urder 25% Empioymerd Stability X n Growth Rate ❑ Fully Dev. Rapid Steady X Slow Convenience to Employment X r� Property Values increasing X Stable Declining Convenience to Shopping X Demand/Supply 'Shortage : X In Balance Oversupply Convenience to Schools X Vsksting The 71 Jnder 3 Mcs, 3-6 Mos. L�L Over 5 Mos. Adequacy of Public Transportation X Preserrt ;and Use 75 %1 Family 15 %2-4 Family _% Apts_% Condo 2 % Commercial Recreational Facilities X 2 %Industral % Vacant 5 % Adequacy of Utilities X e Change In Present Land Use X Not Likely Ukety( ") Taking Place (7 Property of Compallbll!ty X M From _ To Protection from Detrimental Conditions X Predominate Occupancy � Owner Terant % Vacant Police and Fire Protecton X Single Family Price Range $ 30,000 to $ 100,000 Predominant Value $ 70 Gene al Appearance of Properties X Single Family Age 5 yra to 50 y.s. Predominant Age 25 yrs ' Appeal to Market X Commends including those factors, favorable or unfavorable, affecting marketability (e.g. public parka, schools, view, noise): CLOSE TO MAJOR ROADS AND DOWNTOWN SHOPPING. THE ENTIRE MARKET AREA IS GOING THROUGH RENOVATIONS AND NEWER DEVELOPMENT IS MOVING INTO THE COMMUNITY. Dimersions 2 LOTS: 0.43 acres &0.' 5 acres = 0.58 ACRES TOTAL LX J Comer Lot Zoning Classfication BOTH LOTS C-4 MSOSD OVERLAY Present improvements X do do not conform to zoning regulations Hlgheat and best use X Present use Other ,spec fy) Public Other (Describe) OtFS17E MPROVEMENTS Topo LEVEL Elec. X Street Access C, Public ❑ Private Sae TYPICAL FOR THE MARKET Gas Surface ASPHALT Shape RECT water X Maintenance X Public Private Vlaw TRAFFIC San. Sews X !7X Storm Sewer X Curb/Gutter Drainage ADQ Underground Elect. & Tel. X Sidewalk X Street Lights is the property loaded in a HUD Identified Special Flood Huard Area? X No Yea Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions): NO ADVERSE CONDITIONS NOTED THE SUBJECT PROPERTY FLOOD ZONE IS D PANEL NUMBER IS 12006701 SOD DATED 7/2011998 The urdersared has rested three recent sales of p. cparties rocs; sim ,ar acrd proximate to subject and has considered these In the market analysis. The description Inckxks a dollar adjustment reflecting market reaction to those items of sign fcant variation between the subject and comparable properties. If a significant item In the comparable property is superior to or more favorable than the subjject pr a minus (- adjustment a made thus reducing the indicated value of sUNW;'d a significant item in the corn able is inferior to or !en favorable than the sub ect ro a lure + ustment is made this i '. the indicated value of the b' . SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE COMPARABLE NO.3 Address XXXX W MAIN ST XXXX N 15TH STREET 1011 15TH ST N XXXX S 9TH ST 11 MOKALEE, FL 34142 IMMOKALEE, FL 34142 IMMOKALEE FL 34142 i IMMOKALEE FL 34142 Proximi to Su ' WITHIN B MILES WITHIN 1 112 MILE 385 000 9.218F WITHIN 1 1/2 MILE 232,500 2.73SF S Price _ NA 916,000 0.9.178F P�1 Data Source TX ID 00078960103 TX ID 00076580008 TX ID 00122840009 Date of Save and DESCRIPTION DE RIPTION DE PTION DESCRIPTION Time Ad stment NA 2/2008 -229,000 07/2011 04/2010 Location IMMOKALEE IMMOKALEE IMMOKALEE IMMOKALEE Sl new 0.58 AC ! 25 265 SF 1.67AC / 72 995 SF C.96AC 141,818 SF 1.96AC / 85,378 SF +300 ZONING C-4 MSOSD C -3 SR29COSD C-4 SR29COSD C-4 & RMF -6 +200 ACCESS ACCESS ACCESS ACCESS ACCESS DEVELOPABLE' DEVELOPABLE DEVELOPABLE DEVELOPABLE DEVELOPABLE CASH San or Financing CASH CASH Concessions Net Ad . ctal Plus X M rws 229 Film s Minus 0 X Plus M ours 500 000 IIndicated Value Net-25% Nett% Net =215% V. Subject _ Gross =25% 687 000 Gross =0% 385,000 Gross = 215% 732,500 mmends on Market Cate COMP#1 IS 587,000 OR 9.41 SF COMM IS 385,000 OR 9.21 SF COMP#3 IS 732,50) OR 8.58 SF COMP04 IS 75;000 OR 9 SF mments and Conditions of Appraisal: THE MARKET ANALYSIS DEMOSTRATES THE RANGE FOR COMM VACANT LAND IS SOM TO $9.41 SQUARE ET. HIGHER END OF THE DATA PER SQUARE FEET IS 59.21 THEREFORE 25,2658F X 9.21 IS $232,690.65 ROUNDED TO 7 al Reconciliation: BASED ON THE CURRENT COMMERCIAL LISTING PRICES AND THE OVERALL IMMOKALEE MARKET DROPPING APPROX 35% IN FROM THE TAX YEAR 2009, THE MOST WEIGHT IS PLACED ON COMP 42 WITH NO ADJUSTMENTS USED IN THIS APPRAISAL lindort TIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF JAN 25, 2012 to be $ 232,700 Review A ser (f appiipble) raissr(s) . w �� ❑ Did Did Not Physically ROOS ELT LEONARD _ lnspeot Property Report Signed 1/25/2012 Date Repott Signed e Cartlflcaflon # -_ State State Certification # State tate Ucense # RD 3287 State FL Or State License # State Date of License of Certification 111130112 Exniratinn DatA of Urunra nr ('.ArnfiraKnn Produced by ClickFORMS Software 800 -622 -8727 Pape 1 of 8 609! f. COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT �' EXTRA COMPARABLES 4 -5-6 File No. AYALA Case No. Bomwer OWNER CLARA AYALA _ Property Address XXXX W MAIN ST (NO SITE ADDRESS) C'Yy IMMOKALEE County COLLIER State FL Zip Code 34142 LenderlCllent IMMOKALEE CRA Address The undersigned has rested three recent sales of properties most simi ar and proximate to subject and has considered tiese In the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant III In the comparable properly is superior to cr more favorable than the subject property, a minus(-) adjustment Is made thus .-educing the indicated value of subject; I a significant Item in the comparable is Inferior to or less favorable !hart the subject propeq, a plus ( +) adjustment is made thus increasing the indicated value of the subject. SUBJECT Pil PERT C PARABLE NO. 4 COMPARABLE NO. 5 COMPARABU NO. 6 Address XXXX W MAIN ST 100 SR 29 IMMOKALEE FL 34142 IMMOKALEE FL Proximity S r WITHIN 1 112 MILE S NA 75,000 Sales Price $- $ - — Prce Data — — TX I D 00236840202 Date of Sale and Ti, n DESCRIPTION [DESCRIPTION Aa?= RIPTION DESCRIPTION NA 112011 Location IMMOKALEE IMMOKALEE Site/View 0.58 AC 125,266 SF 0.23 ACI10.019 SF ZONING C-4 MSOSD A -MSOSD +50,00 ACCESS ACCESS _ ACCESS DEVELOPABLE DEVELOPABLE NON DEV 1 -250 Sales or Financing Concessions CASH Ad. X Plus I 'Minus 26000 I X I Pius Minus 0 Indicated Value Net =33% iNet=0% Of Sr. ect ,Gross -100% $ 100.000 Gross--O% $ 0 Comments on Market Data COMPARABLE 04 IS FOR MARKET SUPPORT BEING AS THIS PARCEL RECENTLY SOLD $100,000 DOLLARS OR $10.00 SF X Plu Minus $ 0 Net=0% ;Gross =0% 1 0 AND THE ADJUSTED VALUE IS COMMENTS TO THE MARKET DATA: COMPARABLE #1 IS A OLDER SALE AND LARGER IN SIZE ALSO HAS GOOD VISIBILITY SIMILAR TO THE SUBJECT PROPERTY. COMPARABLE SOLD FOR $9.17 SF WITHOUT ANY ADJUSTMENTS. COMPARABLE 92 IS CLOSE IN PROXgv91YAND SIMILAR IN SIZE AND ZONING. THIS COMPARABLE IS GOOD INDICATOR OF WRATTHE MARKET IS NOW. $9.21 SF COMPARABLE #3 IS CLOSE IN PROXIMITY AND HAS GOOD EXPOSURE WITH MULTIPLE USES. COMPARABLE IS USED TO SUPPORT OR ESTABLISH A MIDRANGE PER SQUARE FEET $8,58. COMPARABLE 04 IS FOR MARKET SUPPORT BEING AS THIS PARCEL RECENTLY SOLD AND THE ADJUSTED VALUE IS $100,000 DOLLARS OR 10.00 SF h'roauceci by CIICKFORMS Software 800 -622 -8727 Page 7 of 8 COLL,. -R COUNTY GOVERNMENT REAL PROPERTY MGT COMMENT ADDENDUM File No. AYALA Case No. Bomw L OWNER CLARA AYALA ProwlyAddims XXXX W MAIN ST (NO SITE ADDRESS) City IMMOKALEE County COLLIER _ _ State FL Zip Code 34142 Lenderr-Ilent IMMOKALEE CRA Address Parcel No. #81681720003 Property Address NO SITE ADDRESS Owner Name AYALA, CLARA A Addresses 207 WASHINGTON AVE City IMMOKALEE State FL Zip 34142 - 3133 Legal DESCRIPTION :FRED WHIDDEN BLK 4 LOTS 8. 9 AND LOT 23 LESS 20 FT R/W THIS IS THE LOT THAT IS 0.43 ACRES IN SIZE. Parcel No.81681960009 Property Address NO SITE ADDRESS Owner Name AYALA, CLARA Addresses 207 WASHINGTON AVE City IMMOKALEE State FL Zip 34142 - 3133 Legal DESCRIPTION: FRED WHIDDEN BLK 4 LOT 22 LESS 20FT RW SCOPE OF THE APPRAISAL ASSIGNMENT• The client requested that both vacant lots be considered to be one parcel. The appraiser is aware of the owners being the same and the lots are contigous. The legal's are stated above and the tax info is attached. ADDITIONAL COMMENTS TO THE APPRAISAL — IMPACT FEES•• "` THE APPRAISER HAS TAKEN INTO CONSIDERATION THE IMPACT FEES THAT HAVE BEEN ESTABLISHED ON THESE PARCELS. THE PARCELS PREVIOUSLY HAD RETAIL STORES AND MULTIFAMILY UNITS CONSTRUCTED ON THE SITES. IT IS ESTIMATED IN TODAYS MARKET THE IMPACT FEES WOULD BE WORTH $160,000 DOLLARS HOWEVER, THEY WOULD ONLY APPLY IF A POT T OR SIMILAR TYPE STRUCTURES IMPACT FEE SUBJECT TO THE CHANGE WITH MARKET CONDITIONS AND ANY DEVELOPMENT OR RE- DEVEL PPWENT WILL REQUIRE A HOLDING PERIOD, THE RELIABILITY OF FUTURE DISCOUNTED CASH FLOWS 7 _ N INVESTMENT OR PROJECT WILL YIELD IS SUBJECTIVE AND WOULD NOT BE A PART OF THE MARKET THE BUYER OF THESE PARCELS HAVE NO USE FOR THE POTENTIAL CREDITS AND IT IS ALSO ESTABLISHED THAT FOR THE CURRENT PROPOSED USE BEING SIGNAGE, PARKS, AND PASSIVE USE THEREFORE NO IMPACT FEES WILL BE CHARGED. THE IMPACT FEES ARE NOT CONSIDERED IN THIS APPRAISAL. Produced by ClickFORMS Software 80022 -8727 Pepe 5 of 8 X91 COL 2 COUNTY GOVERNMENT REAL PROPERT. OT �' COMPARABLES 1 -2 -3 File No. AYALA �. Case No. Borrower OWNER CLARA AYALA Property Address X)= W MAIN ST (NO SITE ADDRESS) city IMMOKALEE County COLLIER State FL ao Cade 34142 Lerder/Olient IMMOKALEE CRA Andress COMPARABLE SALE # 1 XXXX N 15TH STREET IMMOKALEE, FL34142 COMPARABLE SALE # 2 1011 15TH ST N IMMOKALEE, FL 34142 COMPARABLE SALE # 3 XXXX S 9TH ST IMMOKALEE, FL 34142 Produced by ClickFORMS Software 800 -622 -8727 Page 6 of 8 i. Amon ` t COMPARABLE SALE # 2 1011 15TH ST N IMMOKALEE, FL 34142 COMPARABLE SALE # 3 XXXX S 9TH ST IMMOKALEE, FL 34142 Produced by ClickFORMS Software 800 -622 -8727 Page 6 of 8 COL. : COUNTY GOVERNMENT REAL PROPERT`, 3T File No. AYALA Case No. Borrower OWNER CLARA AYALA P,z:e* Address XXXX W MAIN ST (NO SITE ADDRESS) Cftv IMMOKALEE County COLLIER State FL Zip Code 34142 Len*/Client IMMOKALEE CRA Address COMPARABLE #4 100 SR 29 Produced by ClickFORMS Software 800-822 -8727 Page 8 of 8 COLT !FR COUNTY GOVERNMENT REAL PROPERTI 4GT File No. AYALA ; 91 ti PURPOSE AND USE OF LIMITED APPRAISAL Case No. The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property collateral for use in a proposed underwriting. This limited appraisal is for the use of the party to whom it is addressed and any further use or dissemination without consent ofthe appraiser and addressee is prohibited. DEFINITION OF MARKET VALUE Market value, as referenced in OCC Rule 12 CFR 34.42(f): The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements thereto; and (5) the price represents the normal consideration for the property sold unaffected by special orcreative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparable must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markets reaction to the financing or concessions based on the appraiser's judgement. DESCRIPTION OF LIMITED VALUATION PROCESS In performing this preliminary value analysis, the valuation process consisted of: (1) Reviewing assessment/public records and comparable database listing information for the subject; (2) Conducting an inspection ofthe subject and its environs; (3) Analyzing sales of regional residential real estate; (4) arriving at a value conclusion; (5) Writing this report. Departures frrom specific appraisal guidelines included: SR 1 -3 because the appraiser has presumed, for the purpose of the limited appraisal, that the existing use ofthe subject property is the highest and best use; SR 1-4 because only a sales comparison analysis of value was employed in this limited appraisal since it Is the primary valuation method for residential dwelling slmilarto the subject. Any additional uses ofthe departure provision are specifically stated in the attached appraisal report or its attachments. SALES HISTORY According to the data utilized In preparing the report, the property ❑ has :X:] has not transferred within the past 12 months. LEVEL OF RELIABILITY The use of the departure provision to allow a limited appraisal with a single approach to value reduces the level of reliability of this report. RECONCILIATION Complete weight was given to the Sales Comparison Approach as it is the approach used by most buyers when purchasing a single family dwelling. The Income Approach was not applicable because ofthe lack of rental information and meaningful relevancy to the value of a dwelling located in this primarily owner occupied neighborhood. On the other hand, the Departure Provision was utilized to estimate the Cost Approach because the appraiser decided this omission in this limited appraisal assignment would not confuse or mislead the client or the intended users of this report. The market value is estimated on the FHLMC form 704 or similar attached, ASSUMPTIONS AND LIMITING CONDITIONS ' No responsibility is assumed for the legal discrimination or for matters indicating legal or title considerations. Title to the property is assumed to be marketable. The property is appraised free and clear of any and all liens and erncumbrances, except as noted in the report. * Information furnished by others during the course ofthe research has been verified to the extent possible and is believed to be reliable, but no warranty is given for its accuracy. * No responsibility is assumed forthe effect on value of hidden or unapparent conditions ofthe subsoil or structures; or for arranging engineering studies to discover such conditions. * No evidence of contamination or hazardous materials was observed. However, the appraiser is not qualified to detect potential hazardous waste material that may have an effect on the subject property. The client may wish to retain such an expert if he desires. * Sketches and other illustrative material are included only to assist the reader in visualizing the real estate and its environs, are based on data developed and supplied by others, and are not meant to represent a survey or as -built plan. An distribution of the total valuation among land, improvement, and /or other components applies only under the stated program of utilization Any must not be interpreted or used as individual values for other purposes. * The appraleer is not required to provide consultation, testimony, or attendance in court by reason of this assignment, unless such services have been assigned in contracting the assignment. * Possession ofthe report or a copy thereof does not carry with it the right of publication, and it may not be used for any purpose by anyone other than the addressee, without the written consent of the author and addresses. Even with such permission, out -of- context quoting from and/or partial reprinting of the report is prohibited. The report is an integrated entity and is only valid in its entirety. Neither all nor part of the contents of the report shall be disseminated to the public relations, news, sales, or other media without the prior written consent and approval of the author. LIMITED SCOPE APPRAISAL CERTIFICATION I certify to the best of my knowledge and belief that: the statements of fact contained in this report are true and correct; the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limited conditions and are personal, unbiased, professional analyses, opinions and conclusions; I have no present or prospective Interest In the real estate and have no personal interest or bias with respect to the stipulated result, or the occurrence of a subsequent event; the analyses, opinions and conclusions were developed and the report prepared in conformance with and subject to the requirements ofthe Uniform Standards of the Professional Appraisal Practice ofthe Appraisal Foundation; the appraisal assignmentwas not based upon a requested minimum valuation, a specific valuation, or the approval of a loan; I personally prepared all conclusions and opinions about the real estate that were setforth in the appraisal report. If I relied on significant professional assistance from any individual(s) in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by each in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, Man unauthorized change is made to the appraisal report, I will not take the responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervised the appraiser who prepared the appraisal report, have reviewed the appraisal re port, agree with the statements and conclusions of the appraiser, agree to be bound by the appraisers certification above, and am taking full responsibility for the appraisal and the appraisal report. PROPERTY ADDRESS: __ XXXX W MAIN ST (NO SITE ADDRESS) IMMOKALEE FL 34142 APPRAISER: Signature: Name: ROOSEVELT LEONARD Date Signed: 1/25/2012 State Certification #: or State License #: State RD 3287 SUPERVISORY APPRAISER (only if required) Signature: Name: Date Signed; State Certification #: or State License #: State Expiration Date of Certification or License: 11/30/12 Expiration Date of Certification or License: F7 Did 77 Did Not Inspect the Interior of the Property n Did n Did not Inspect property Produced by ClickFORMS Software 800 - 622 -B727 Page 3 of 8 CO' 7R COUNTY GOVERNMENT REAL PROPER- 9GT File No. AYALA DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a :pacified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well Informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special of creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land arid improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted inthe appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazard wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such Items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report'except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other then the borrower; the mortgage or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraisers written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Fannie Ma! Form 10046 (609) Page 4 of 8 r91 Search Results Collier County Tax Collector 3291 E Tamiami Trail Naples FL 34112 -5758 2011 Tax Roll Inquiry System Print this oaae Page 1 of 1 OWNER INFORMATION I PROPERTY INFORMATION Name: AYALA, MATEO & NORA Parcel: 81681960009 Address:11207W ASHINGTON AVE Lx: IMMOKALEE Address: Legal: FRED WHIDDEN BLK 4 LOT 22 LESS Address: LL Ml: 120FT RW Address: Legal: Address: IKALEE , FL 34142,3133 VALUE /EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Valve.-I 9,750 Covar0l 36.69 Yov: 13ti 70 Paid Dt : 00100/0000 Taxable Valve: 9,750 Sehool St: 31.97 Dtx: 138.13 Rcc c 0 Millage Code: Is School loc: 21.92 Jav: 139 35 Mach: 10 Hemestetl Ex: 0 City Tax: 0.00 Feb: 140.98 Paymt 0.00 A eltr Ex: 0 Dependt: 17.54 Mar: 142.40 Mort: 0 Widow Ex:L�—J Blind Ex: Disabled:0 L"�� Water: Ind nd: 333 Apr' STATUS INFO. 30.16 May: Non Ad Vs:1 N Installment: N Deferred: N VoterA r:79 Now Due: 13955 Veteran Ex: 0� * Gross Tax: 142 40 Pav Current "faxes Online Wholly Ex: 0 A r fee: Civilian E:: 0 Advertlsi :0.00 COMMENTS CERTIFICATE INFORMATION Certificates must be Eald with cash, tuhiers check or monev order Tax Year Split jCer= Date Pafd�Date R© M�❑b TpOq Amou® mt Dve thru , Amt Due thry , 2009 0 10357 -10 05/28/2010 6/18pA10 32 10 P 0 74 Comment: Certificates must be paid with cash, cashiers check or monev order New Search Back To List 2003 Parcel Information 1 2004 Parcel Information 1 2005 Parcel Information 1 2006 Parcel Information 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information 12010 P�l�ormation Last Updated: 01/30/2012 5:00pm 91 Search Results Page I of I Collier County Tax Collector 3291 E Tamiami Trail Naples FL 34112 -5758 2011 Tax Roll Inquiry System Print this vaize OWNER INFORMATION PROPERTY INFORMATION Name AYALA, MATEO d NORA Parcel: 81681960009 Acre:.15 Address: 207 WASHINGTON AVE 1MMOKALEE (Mani Vi w Address: oeth FRED WHIDDEN BLK 4 LOT 22 LESS Address: _ L 12OFT RW Address: Legai: Address: JIMMOKALEE, FL 34142 -3133 L 1: VALUE/EXEMPTIONS TAX INFORMATION PAY TF,RMS PAYMENT INFO Market Value: 9,750 Coun : 36 69 Nor: 136.70 paid Dt : 00/000000 Taxable Value: 9,750 SchodSt:31.97 Dee: 138.13 1 Ree : 0 Mach: 0 Psymt: 0.00 Millage Code: Homested Ex; 5 1 0 School loc: 2].92 Jan: 139.55 City Tax: De ndt: Water: 0.00 17.54 333 FeD: Mar; 4 r'0 140.98 142.40 A rcltr Ex; [� i Mort: Widow Ex: Blind Ex: [Il I F--� STATUS INFO. I Indepeod: 30.16 F May: 1.0 Disabled: Veteran Ex: 0 Voter Appr: a Gross Taz: Appr fee: Adv 79 142.40 0 00 Now Due: 13955 Pity Current Taxes online Non AdVa: N N RM Wholly Ex: Civilian Ez: ® Baakro t: u 1'DA: u COMMENTS CERTIFICATE INFORMATION Certificates must be Baid with cash, cashiers check or moo • order Tax Year Split Cert. M Date Issued Palo Date Rec N Mach Sts TDA Amouet laid Amt Dac Mru , Amt Due thra , 2009 10 10357.10 OSlI8R010 06!18!2010 33Z 10 K30-1 305 74 Comment. Certificates must be paid with cash, cashiers check or money order New Search Back To List 2003 Parcel Information 2004 Parcel Information 2005 Parcel Information 2006 Parcel Information 2007 Parcel Information 2008 Parcel Information 2009 Parcel Information 2010 Parcel Information Last Updated: 01/30/2012 5:00pm COLLIER COUNTY GOVERNMENT REAL PROPERT' MGT 3301 TAMIAMI TRAIL E NAPtLES. FL 34' 12 91 COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT LAND APPRAISAL REPORT Fite No AYALA C"e No Samw (OWNER CLARA AYALA& MATEO AYALA CWWA -,-.c 1,14w Map Rev"" _204, PTO" �_ Aftlm V= W MAIN ST fNO SITE ADDRESS) 01, MMOKALEE COLLIER :-late zip coon —31142 Leo Dmicrow sea ATrAcmw �U - ' �%"" 91 Sam Pe S NA Date at Sale 4 N A ___ Lw Tenn P-mervRrmAW2,5ed X] Fee A_wpwEsw9T&%mSATTACmw (yrl �Ow C "ayes c be Pw try smir S_ 00w Saes C esum NONE Larlawf"ll,ow IMM6KALEE - C RA AdjrM 0=0," VACANT LAND Awass ROOSEVELT LEONARD I'WACMSWAppraisel FAIR MARKET VALUE 1�r 00= x T .,.tw s1w w sma,44 (-� S*Jgmev Is made w6i� - ELr- 2!%,,o ume, 25% E-Invoymerl sme, Gra�rtn Pip cup oe, 7— RaN 1011 15TH ST N )D= S 9TH ST X Sbw Convenorce to E" y Tarr 0- mefty vow" x Stab* WITHIN 1 12 MILE WrrHlN 1 a MILE ec9 convewnce %1 S--xwlg shma;w _ - -.. C-4 & RMF-e ply corive-ww to S.)—.- %larkong rimp 3-6 k1l" l x X Over 6 M% AAjuacy v Putojc Omwt Land Use 75 %1 Funiq _lk %24 Fx7ty Ants `'k Condo —2 % Revs v-a =an ?e± 1. va:vy 5 klem=* cf C^," in Resem Larval Use Lovy So" or Frwyxmil Cams CASH From To :i9 v-ema1 ccnarimm PnKb,nlrm 0cojwxv X I c*%- Tow! 1,; Our! vokoe arc R- Sdvie cvrWy Prce " S 30,000 lm S 100,000 Pmdom,nWv3kw$_70 SOW 2: 4X6rX--- V� 21TOWOS SIngia c—� Age Y"% _50 ym -nwoirinwt A" 25 rs A",_, Awxw. COMRWM W<:UCWV VhM IWOM. 4WO-A* Or wftv=W, OftsadV mlllrkdablolly (0,9- OuNc Parks s&e6s v** mowl CLOSE TO MAJOF g - 3xi!a =ar it x x X 77 x x - i ox x X_j Dirrier-som 2, LOTS L 0 43 SCM & ^u.15 &CM s e P Ae ACRES TOTAL L_x Corner Lcl Zmrg C*%ftaw BOTH LOTS C-4 MSOSD OVERLAY prewf x I do „Hat rrronn to zom wjatv_�. 49.+ x f Preset: iA@ L_j 0"w ("CTy1 PLbc -_lwMe%nbc OF; SITE INIAO'J EIrtNTS-_ LEVEL Elec Street AMm al Ptok L -2, Stm rYPICAL FOR THE MARKET cla ISAAsce ASPHALT BECT Wale X I IAWWX= x I hbk P',vaw .,a. TRAFFIC Sm. sp-w 7 x 51amSewn -XY7 Dq� A ;;-A ZaWG" DO U EW. x I Sloawali X-1 StW L&,M Is ft Fo"ly beard W a HUD WwWad Sp@cW FbW Hmrd mo _X.;mc V, (Ivmb* Or Oftvallde "*&Vg 8" MI)mmm www eu&Tdm vvDwh-*-cs 7 other WoRm amions! NO ADVERSE CONq[TH* 46:FEE TIlE SUBJECT PROPERTY FLOOD ZONE IS D PANEL NUMBER IS 12006701500 DATED 712(y169-0 The Pm WM thm recant sm of promnwrIov snkw vc waxeram z viblea am MM W.6deed Omem Ins rrwkvpwv.s,s The *ssavoon r.,;tuoes a XAW 20umnem rm%ctwg marks! reaction 10 ft" it a! l vwl*w bmww the WAIWZ and cvvxawe wopern" P a urffcw, ter", 'I to mrcwavc sma,44 (-� S*Jgmev Is made w6i� rras %duoN the irIkated 4motsjzlw easqmlcar-�:. - mr�v pw" a xz t-) wismwns may, rog rqlpN tr* rdeged wam oijttf!L�. SUBJECT PROPERTY1 COMDARA&E slc. I COMPARASa N0,2 c0wikRQk_r Nc 3 Adore" XXXX W MAIN ST f )O= DELAWARE AVE 1011 15TH ST N )D= S 9TH ST IMMOKALEE, FL 34142! JMMOKALEE. Fl. 34142 +A. LQKALEE.1`1.34142 IMMOKALEF Fl- 34142 i; WITHIN 111 MILE I WITHIN 1 12 MILE WrrHlN 1 a MILE Sam pnm NA S 104,000 C4 Ms0SD 365 OW _ - -.. C-4 & RMF-e S 92ISF I 2.73SF _e iiI600127565101 TX 10 QW7656W66 -X 10 00122840004 Dve of Saie xx I DESCMP710N msmp-m ; .-i-, fic-tr23"Erw I . 7E. - __ _T_ _7 TI- ;R"w vacua INO577% Nat■O% e subiect _GT"!!77% 704.000_prwq% Gmw-21 5% M§,9W _I 732,W Commerce Dn Market Date CCWWS704,0WOR&68SF COMP02IS385000 OR92ISF IS7325MORSSSSF 7 49 SF gpml�q - - __ __ _ COMP44 _IS-75 OOC OR C*WWU and Cadftm of AWSSM A E = i;4 AVE RAGE DATA P Pna' _Y M THE TAX YEAR 2009. THE AVERAGE OR MIDRANGE $8.00 is USED IN THIS APPRAISAL ASSIGNMENT TESTIMA'rE TflE IA..qKE--,vALjE. A.S OUNED, Or SUSjEC- F -Q0 �yAS. _Q l)F SEPT 20_2w Renew ApprmW 10 apuc*, Appralmer(sl Did — No N01:14myscal y ROOSEVELT LEONARD :nww, Aooeo, DO ReWS9n9d 9121101 i Date ROW, Sq* a Stme cenelc3tw v SIM Stale Cerlsfi=*m & Or Stove Llwm 0! RD 3287 Sra* __ _FL_ Or sum Lican" * 202.120 State Slate Proaumd by ClickFORMS So"rt $00. 622-9777; pagil 1 a' 9 NA 071201,1 -=to" fMM0KALEE IMMOKALEE I IMMOKALEE IMMOKALEE jL9LlV_,ew_ 0.SSACL25.265 SF.242ACI'05.415SFL *400,M 0.96AC/41 81 SSF - I - I %AC: 85 378 SF ZONING C4 Ms0SD -RYF-16 i *200,OOC C-4 SR29COSO - -.. C-4 & RMF-e ACCESS ACCESS ACCESS I ACCESS ACCESS DEVELOPABLE, DEVELOPABLE DEVELOPABLE _ DEVELOPABLE DEVELOPABLE - So" or Frwyxmil Cams CASH CASH ;R"w vacua INO577% Nat■O% e subiect _GT"!!77% 704.000_prwq% Gmw-21 5% M§,9W _I 732,W Commerce Dn Market Date CCWWS704,0WOR&68SF COMP02IS385000 OR92ISF IS7325MORSSSSF 7 49 SF gpml�q - - __ __ _ COMP44 _IS-75 OOC OR C*WWU and Cadftm of AWSSM A E = i;4 AVE RAGE DATA P Pna' _Y M THE TAX YEAR 2009. THE AVERAGE OR MIDRANGE $8.00 is USED IN THIS APPRAISAL ASSIGNMENT TESTIMA'rE TflE IA..qKE--,vALjE. A.S OUNED, Or SUSjEC- F -Q0 �yAS. _Q l)F SEPT 20_2w Renew ApprmW 10 apuc*, Appralmer(sl Did — No N01:14myscal y ROOSEVELT LEONARD :nww, Aooeo, DO ReWS9n9d 9121101 i Date ROW, Sq* a Stme cenelc3tw v SIM Stale Cerlsfi=*m & Or Stove Llwm 0! RD 3287 Sra* __ _FL_ Or sum Lican" * 202.120 State Slate Proaumd by ClickFORMS So"rt $00. 622-9777; pagil 1 a' 9 COL R COUNTY GOVERNMENT REAL PROPERT 'GT SUBJECT PHOTO ADDENDUM File No AYALA Case Ne 30rtowm /OWNER CLARA AYALA 3 MATEO AYALA ?r"" AO"M )0= W MAIN ST {NO SITE AQORESS) __ (: tv IMMOKA! EEE _ _ aany COLDER Sae FL _ �' ender le*r FoCesz 34142 iMMOKALEECRA ` ev ClietFQaO,tc CnRu.er. ar�n.ea��_n, -sue FRONT OF SUBJECT PROPERTY 15 8" lot (Mateo Ayala) IMMOKAL.EE. FL 34142 REAR OF SUBJECT PROPERTY 43 acre lot (clua Ayala) BIRD'S VIEW STREET SCENE rx 4 9 COLLIER COUNT" GOVERNMENT REAL DROPERTY MG- File No. AYALA PURPOSE AND USE OF LIMITED APPRAISAL Case Nc /� The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property COhateral for use m a proposed underwriting. This limited appraisal is for the use of the party to whom it is addressed and any further use or dissemination without consent al the appraiser and addressee is prohibited DEFINITION OF MARKET VALUE Marital value, as referenced In OCC Rub 12 CFR 34.42(1) The most probable Price which a property should bring :r a aor ""suave and open market under all Conditions requisite to a fair safe. the buyer and seller. each acting prudW.1y. and knowledgeably, and assuming the Price is not affected by undue sthnuknu. Irnplic it in this defmrtion is the cor>aturerthaton Of a Sale as of a specified daft and the passing of title from seller to buyer under CWXMI m whereby. (1) buyer and sailer are typically MOtiW*& (2) both parties are wev informed or wee advised. and acting In what he considers his awn best interest f3) a reasonable firma is allowed for exposure in the open market; (Al payment is made In terms of cash in U S. dollars or In terms of financial arrangements thereto: aid (b) the price reprsenla pre normal conaderabon for the property sold unaffected by special or creative financing or sales ooncessrats• No by anyone assooMW wcIM the saw 'Ac*"m eta to the comparable must be made for special or creative ,. or sales Oxica som edjus"ents are necessary for those aoets wrtxea are normally paid by sellers as a result of tradition or law on a market area. these costs are readily identifiable since the seller pays these costs e virtually safes transactions. Special or creative financing adpatrnenle can be made to the Comparable property by comparisons to finarc� rig terms party Institutional lender that is not aireedy mvohrcd in the property or transaction Any adjustment stouid rot be alaAriad an a medsarkM dollar for dollar cost of the financing or concession but the dollar arnourit Of arty autPustment should approximate the markets reaction to the financing or concessions based on the appraiser's judgement DESCRIPTION OF LIMITED VALUATION PROCESS In pedarming this preliminary value analysis. the valuation process consisted of: (1) R a issessmentlpublic records and comparable daUfbase Ifstxlg UdOrtrlation for the aubjeM (2) Conducting an inspection of the e^^ neat estate; 4) arriving at a value oa>dusion. (5) Wrsi tt"ng this report and its environs: (3} Analyzing sobs of regronai residential Departures specific appraisal guidelines ncluded: SR 1.3 because the appraiser has presumed- for the purpose of the r mRed appraisal, that the exbMng use Of the subject properly is tie highest and beat use, SR 1.4 because city a sates Comparison analysis of value was employed in this limited appraisal since R as the primary valuation method for residential dwelling similar to the subject. Any attdihonad uses of the d Provision are specifically stated in the attached appraisal report or is attadtrn" eparturc SALES HISTORY _ Aceordlnq to the dam utikzed in preparing the report, btu propa�ty QX has i has not "nsfernsd ww,hrn the past 12 months. LEVEL OF RELIABILITY The use of the departure provi &Or` to &plow a united appraisal with a single approach to value reduces the eves 01 re(laDi!ity of this report. RECONCILIATION COmptefe weight was given to the Sales Comparison Approach as R is the approach used by most buyers wren purchasing a single family The Income Approach was not appficable because of the tact of rental information and msar!cngfuI relevancy to the vale sip a dwoli��',.gg local in this primarily owner occupied neighborhood On the other hand. the Departure Provision was utilized to estimate the Cost APpr:9 because the appraiser deCded this orn,sson in this limited appraisal assignment would rot confuse or mislead the cbiMt or the lntendeo users of this report The market value is estimated on the FHLMC form 704 or simitar attached ASSUMPTIONS AND LIMITING CONDITIONS No responsWay is assumed for the legal discrimination or for matters tndtCat'tng 19g81 or Wit considerate s Title to the property is moiled to be marketable. The Property is appraaed free and clear of any and aN liens and eniuxhwrances, except as noted in the report Information hurdaheC by Others during the course of the research has been verified to the extferT 00mble end is believed to be reliable ble xo warrahty Is given forts accuracy No responsiti ft is assumed for the effect on value of hidden or unapparem conditions of the subsoil a structures; for arranging eng:naer g studies to discover such conditions. 'No evidence of oattarninaGmt or hazardous materials was observed. However the appraiser is not qualMVod to defect potential hazardous waste material that may have an oelle:i an the "act propen- The C em! may wish eb retain such an expert if he desires Sketows and orer xlkisbab" material are included only to assist the reader in visuafginq the real estate and its environs are based 0, data dv"IO d and supolied by others, and are not meant to represent a survey or aa-built pion. Any distribution Oft* total valuation among land, mi l rovemenl. WWOr other compornerib apples only under the stated program of utilization and must not be interpreted or used as Individual values for other Purposes The appraiser is not required to provide consultation. tOSGrnony or aGefldarice in court by reason of this assignment. unless such services rave Ow n assigned in contracting the assignment. possession Of Su report or a ropy thereat dotes not Cony with a the rn� at uxab�n, and .t may not be used for any purpose by anyone other Man the address". without the written consent o! tiro author sired sddreasee. Even with such permission, 00-0- context auo ffig tom andlor Partial reonMkeq of the report is prohibited. The report is an - ln*2r8fed entity and is wily valid in its entirety. NaMm all nor pan of the contents of the report shag be d"Omir,ated to the public relations, news, sales. a other medta without the WW vrrihon consent and afldroval of the author LIMITED SCOPE APPRAISAL CERTIFICATION I oeRty t. the best u my knowledge and b y the that the statements of PSG contained m this report are true and correct; the reported anajyms, oP rtrorhs. and conclusions are 6rrxded only by to eeporled sarartpfions and limited conditions end are personal, unbiased, pro%$Skx al artayeeg, XffW% and oonchtsiorw I have no present or prospective interest in the reel estate and have no Personal interest or bias with respect to the st �oa� ooccaxranc i of a subatpuent evert. the ar+afysas. Opinions and conclusions were developed and to report prep8cad to jeCt to the requirernlerlts of the Untbnn Standards of the Professional Appraisal PraCiice of the Appraisal Foundation. the appraisal assignment was not based upon a requested minent m vokshon, a Specific valuation. Or the approval Ora ban. I personally prepared 311 conclusions and opinions about the real estate ow were set forth in the appraisal report . 111 rolied on significant orofessicrW assistance from any i a( )in the perfdtmariCe of the appraisal iX the preparation of the appraisal report I have named such Individual(s) and disCbsed 'he sp h the tasks_ I autonih n the reconciliation section of this appraisal report. t t:ertity that any mdmKk* so named is qualified to appraisal report. I will not talcs the responsibility for it roaks a change to any item in the repar3. therefore. <an unauthOmed Change is rude to the 3UPERVISORY APPRAISER'$ CERTIFICATION f a supervisory appraiser signed the appraisal report. he or she certifies and agrees that I direly suprer 4W the appraisal report. have reviewed the slopraisal "W", agree with the statements and conclusions of the appraiser cote prepared the ippromees certification above, and am In" pull responsibility for the appraisal and the appraise, repor -aapra sec agree to lea Hound by the -IROPERTY ADDRESS. XXXX W MAiN ST (NO SiTE ADDRESS). IMMOKALEE. FL 34142 1PPRAISER' f v SUPERVISORY itgnature: �.,•• --.. 7Ge._. APPRAISER 4only 4 r Q quied) Signature _ ileme: ROOSEVELT LEONARD Nam )ate Signed W2?T2011 - _ _ Dots Signed State Certification 0: State Cerhficafion a- ir State License 4: RD 32!37 — Plate -_ or State License s State - - - -tePiration Dar OfCartificstion Or LiOenae: 1113W12 - - __ Elirahon Date of Certification or License: _ Did : Did Not inspect the Irtterlor of the P►operty Did Did nw. InsoeG aropoxty Produced by ChckFORMS Software 8004622 -8727 Page 5 of 9 CO' ' PER COUNTY GOVERNMENT REAL PROPER-r- MGT Fue No AYALA DEFINITION OF MARKET VALUE: Trio most probable price wnich a prooerty should bring in a competitive and open market under all conditions requisite to a fair sale me bur and sever. each acting prudently, knowledgeably and assuming the once is not affected by undue stimulus implicit !n :his definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby, (1) buyer and seller are typically motivated, (2) both parties are well informed or welt advises, and each acbng in what he considers his own tier. interest: (3) a reasonable time Is allowed for exposure in the open market; (4) payment is made in terms of cast in u S- dollars or in terms of financial arrangements comparable thereto. and (5) the Once represents the normat consideration for the Property fold unaffected by special or creative firrmrig or sales concessions, granted by anyone associated weh the sale 'Adjustments t0 the comparablas must be made for special or creative financing or sates concessions No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law it a market these costs are readily identifiable since the seller pays these costa in virtually all sales transactions Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not aiready involved in the property or transaction- Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment $mould aPPrOmmate the market's reaction to the financing or concessions based on the appraiser's judgment STATEMENT OF WAITING CONDITIONS CONTINGENT AND LWAITiNG CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the folio" condiLons- The appraiser wilt not be responsible for matters of a tegai nature that affect enr+r the property being appraised or the title to it The appraiser assumes that the title is good and marketable anti, therefore. will not render any opinions about the tine The orooerry is appraised on the basis of It being under, responsible owner ins 2- Toe appraiser has provided a sketch in the appraisal report to show approximate dimensions of the Improvements and the sketch is included only to assist the reader of the report m viavaItzing the property and understanding the appraiser's delarminabon of Its size The appraiser has examined the avagable flood maps that are provided by the Federal Emergency Managemen,, Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Harm Area Because the appraiser is not a surveyor tie or she makes no guarantees, express or ImPfied regarding tlws '14". inatlon s The appraiser will not give testimony a appw in Burt because he or she made an aopralsat of the Property in question - unless spedfc arrangements 10 0o so have been made beforehand - 5 The appraiser has estimated pie value of the land in the cost approach at its highest and best use and the improvements at their contributory, value These sepgrate valuations of the land and Improvements must i . ot be used in cort}unction with any other apptatsat and are invalid if they are so used 6 The appraiser has rioted in the spot&" report any adverse condit ions (such es. needed repairs. deprecation, the presence Of hazard wastes, to= substances, etc.) observed during the inspection of the suoje:t property w that me or she became aware of during the normal research involved In perfonrNng the appraisal. Unless orierwnse stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparem conditions of the property or adverse environmental conditions ((nciuding the presence of hazardous wastes, toxic substances etc ) that would mare the prOmr*Y more or less valuable and has assumed that there are no such conditions and makes no guarantees or warrarni ies. express or implied regarding tine condition of the property. The appraiser will not be reaponsiblee for any sucn conditions that do exist or for any engineering Or testing that might be required to discover wdhet rw such oonditions exist Because the appraiser is nor an expert in the rre?d of environmental hazards, the appraisal report must not be considerec as an environmentai assessment of the property T The appraiser obtained site information, estimates, and opinions [rat were expressed M the appraisal report from sources 1 that rx or she considers to be reliable and believes t-tem to be true and correct. -he appraiser does not assume "Moo tssbi►rty for he accuracy of such items that were furnished by other parties E 8 The appraiser will not disciose the contents of the appraisal report except as provided form the uniform Standards or Professional Appraisal Practice. 9 The appraiser has based his or rte' apps, -sal report and vaivatk)n conc�krsion for an appraisal that is subjec. to sat- sfactory prom manlik repairs . or eMetatlons on the assumption that completion of the improvements wit' be oe!forrned m a worhrmantrke manner. 10 The appraiser must provide his or her pnor written consent before the lendertdlent specified in the appraisai report can distribute the appraisal report (ffcluding conclus>ans about the property value, the appraiser's identity and Professional designations, and references to any PMtessional appraisal Organizations or the firm with which the appraiser is assoasted'i to anyone other than the borrower: the mortgage or is successor$ and assigns: the mortgage insurer, consultants professional appraisal orgariasvons env state or federally approved financial institution, or arty department. agency, of instrumentality of the united States of any stator or the Oistrlt:t of Columbia, except that the lenOt r1chertt may distribute the property description section of the report only to date collection or reporting services) wnhout naving to obtain the aPpraiser's poor written consent. Tine aPPrsisNs wnttert COn"M and approval must also be obtained before the appraisal can be conveyed pry anyone to the public through advertising, public relations. news. sales. or other media 9i>lnae t W rat* 439 (ti -031 prOduCed by CbckFORMS SORware 800622.8727 rwnft Um roe- Cosa 18.93, ace 6 or 9 91 v CC _R COUNTY GOVERNMEN' REAL PROPEF ,AGT COMMENT ADDENDUM File No. AYALA �' 5aM- wer ! OWNER CLARA AYALA E MATEO AYALA Case No _ i• "' Address XXXX W MAIN ST (NO SITE ADDRE_ SS) :i:v IMMOKALEE _Ca rty CJLLIER State FL iQ Cxe 34142 - ndw*vwl 1AttRAOKALEE CRA - A7s#csg _— ParcclNo. #81681720003 Progerry Address NO SITE ADDRESS OwTler `amc AYALA. CLXRA A Addresses 207 WASHINGTON AVE City IMMOKAITF State Fl_ Zip ?4142 - 3 i 33 Legal DESCRIPTION :FRED W 4IDDEN RI.) 4 LOTS 8.9 AND LOT 23 LESS _OFT R, -'W THIS IS THE LOT Ti lAT IS 0.43 ACRES IN SIZE. Parcel No.8168196OW9 Property Address NO SITE ADDRESS Owner Name A}'AI.A. xWXTEO -& NORA Addresses 207 WASHINGTON AVE City PWM. fOKALEF State Fl_ Zip 34142 - ? 133 Legal DESCRIPTION: FRED W14IDDEN ALK 4 I-Of 22 LESS 2()FT RW COPE OF THE APP AISA ASSIGNMENT: The client requested that both vacant lots be considered to he one parcel.The appraiser is awe of the owners being seperate although having the same last name. The legals are stated alvwc and the tax inib is attached. PMduCed toy Cbci oRMS Software 800- 822.8727 N Q COr -R COUNTY GOVERNMENT REAL PROPER- 'G? COMPARABLES 1.2.3 F-de No AYALA Cam "° 9 BaroNe• /OWNER CLARA AYALA d MATEO AYALA daCgr.y aXkm )Q= W MAIN ST (NO SITE ADDRESS) 1v rtrN+ROKA+E County COLLIER _ FL ZIa code 34142 IMMOKALEE CRA _ --- a L� mI Produced by CtoekFORMS SattM" 8004M2.8727 COMPARABLE SALE s XXXX DELAWARE AVE IMMOKALEE, FL 34142 COMPARABLE SALE P 2 10' 1 1 STH ST N ,MMOKALEE. FL 34142 COMPARABLE SALE 0 3 XXXX S 9TH ST IMM✓KALEE, F 34142 Page 8 G 9 CCL I COUN1TV GOVERNMENT REAL PROPER" 'G? File No AYALA N Case No OWNER CLARA AYALA 6 MATEO AYALA �. 91 Progeny A ta" XXXX W MAIN ST ONO SITE ADORESS�_ C tr. _._ IMMOKALEE C� COLLIER State _ FL Zp,:O* 34142 L_2nce;r:, W.l _ IMMOKAL,EE CPA - _ y. 3 •k � a: 1 a Produced by CM*FORMS Software 800- 822.872? COMP 64 10C $R 29 Page 9 of 9 t I I I Q M. Z� W I L I I UUJ) .j X ov C; cv) rV uj Uj -j LU ol 7 JK2O!f� U. UJI Hwm -cm 41 !ORM 91 All; U LAA UJ LAJ LU J -cm 41 !ORM 91 I Immokalee Neighborhood Profile, c:,. rgz ,cation j Quick Glance Population: Population Growth: Population Density: Median Age: Median Income: Cost of Living Index: Weather January Avg Temp: July Avg Temp: Sunny Days: Precipitation Days: Rainfall (inches): Snowfall (inches): Today: Partly Cloudy iG' F + 73 F _ 275 2.491 25 iea -s 528,7U4 100 52 °F 92 °F 2b6 108 5 i91 Immokalee Demographics 100.1 1 ss sx � 43.3% e7.9x szx hale Ferraro Manrod Sin* FUNI, (wt kids) Immokalee Jobs and Politics Unemployment Rate: 6,50/c Recent Job Growth: _ 3. P'a Future Job Growth: 30 4''. � Democrat: 34.1010 Republican: 64.9 Independent (others): 0.90/0 Immokalee Housing Statistics Median Home Age: 24 years Median Home Value: 5152,910 • Renter v. Owner • Market Value 91 Vacam S.31% O*rned 3624% PAM 58.46% • 1yr • 6yr • 10yr Immokalee Education Statistics School Expenditures: Pupil /Teacher Ratio: Students/ Librarian: Students/ Counselor: MS Grm 23.7% Soroe Colege 1 3% Bwh* rb DW" 1.6X GndWe De" 0.4% 54,908 14 801 336 a91 faze ; o!'4 Tax Roll Summary Information Year Market Value Percent Increase Taxahic Value Percent Increase Over Prior Year flier Prior Year ( nlher ( uuntti 2010 Final 574,808,032 058 - 14.37% 561,439,779.385 - 12.20% 2009 Final $87 266,644,295 - 14.15% $69,976.749,096 578,662.966,910 - - 11.04% - #.70°1° 2008 Final 5101,765,979,722 - 5.72% 2007 Final _ 5107935,862503 �- 5.45% S82,542.090,22 ! 7.14% 2006 Final w S 102 ;57.800 980 30.81% 1 577,037.903.134 25.38% 2005 Finalg 578?49,901.963 21.83% $61,441.821 529 19.86% 2004 Final 564,236,986,518 11.21% 551,262.812,810 ( 11.48% 2003 Final 557.761.717,617 16.29% S45.985.72"_1 14 ' 16.45% 2002 Final 2001 Final S49,671.844,946 - 20.178/. 2-3-114 18.25 °l° S41-4-3.3,;21,441 21.92% S33 295.002.460 ! 20.38% 2000 Final 533,902.799,963 13.65'% S21.742.021.485 ! 1159% 1999 Final 529,830,939,079 15.73% 524,42.2,201,235 14.43% 2003 Final S14.426 99,363 �c�. (n.tnictinn 511,212,894,783 12.68 °t° 2010 Total - S780,700,703 S677,643.767 17.23% 2009 Total _ ! 51,113,053,970 29.33% 5965.101,892 24.72% 2008 Total 52,420.403,423 16,22% S2,085-592,135 - 14.07°x° 2007 Total S3.039,382,397 - 19.97 °,, 52.903382,879 16.06% 20061 ota l $2,189,5118.665 S2.068.182-409 2005 Total 52265,227.269 52,104,965.99' 2004 Total 2003 Total S1.8-72.487,964 $2,719,709,185 S 1,"55 418,72.2 $2,589,430,0 97 2002 Total S2.219,161,632 52,073,099.126 2001 Total 51,745,969,276 S1.66i,484„ 05 2000 Total 51.296,177,715 51.218.389311 1999 Total S1,206,207.185 _ 51,121.767.79- _ ( its ni \aph. 2010 Final_ S_17._720.557,787_ -1022% S14.97 7.498,919 -8.04% 2009 Final 519.738.257,718 - 8.80% 516.28.- .802.409 -5.56% 2008 Final 521,642,182,442 - 3,76% 517,246.749,629 - 1.20% 2007 Final S22,486.719,1199 3.14% 517.456,888,406 ^ 5,59% 20.27% - 2006 Final S21,802,038,544 25.$1% S16:533,125.948 2005 Final 517.371,133,725 12.60% 513.746,813.411 12.97 °!° 8.52% 2004 Final S15, 427. 299, 073 6.94% `.____.__512,168.219538 2003 Final S14.426 99,363 11.26% 511,212,894,783 12.68 °t° 2002 Final $12.966,197.227 20.94% - -- -- 59.9%0,900201 17.23% 2001 Final 5111,721 108,162 _. -_ 29.33% j TS8,488.615,091 24.72% 2000 Final 58.289,950,418 16,22% �- 56,806,066,692 - 14.07°x° 1999 Final $7,132,841,028 - 19.97 °,, 55.966,815,878 16.06% 2010 Total 5134.869.272 2009 Total i $268,917.273 2008 Total 5217.428,345 2007 Total $450,902.889 2006 Total 5197.624.801 S 119.1 '73.484 5256.182.122 5203,782,878 5426,536,194 S 192541,964 mhttnl.ri{r: C Doc u ill etx:4 iitl:i Setting, irs na- Jrovsr %rlt Des to;- Co (. o u I I t Property... 91 I '. � Rcat lsi Svt:;ec: ProDe-t-Y Immokalee, FL. 34142 Colfler County Prop" Detail Report Owns• into la,pm.ji N,imo Ayala Clara A 03;0011990 -z, 8 � ,q AiLvPss 207 Washington Ave S569 S, ing '-I, . Stale Immokalve Fl. },xc -ry Comma mial-Vacant -z., UIw-i Zqj, 34142 Commercial Lot "'p, 1 3133 ;r*he,,'-",M,,-t Collier County Sd O7,2011998 Whidden Fred OC r P ,L-fw5 T, -r•.[ 114.00 'o—a n,I Zrjnw 12006701500 Ta. tr-,Io 81631720003 ':,tai Asses,rl.er: : 537,600 ,V: fkPt. 711400 4 82E04 r, • ,, 0006 T-• 2010 0M-,G, L,:,, n Fred Whiddens Bat 4 Lots 8, 9 And Lot 23 Less 20ft RIW ISS9 Nj,te- 23 2010 1r, 4 S37.SOG haractenstics: .43 E 4 Whiddon Fred Lost Market Sale. DO,c 03;0011990 Warranty Deed $50.200 Ayala Clara A Sorkir Manuoi 06111172010 03/0011990 SSO.200 Y i-• name Ayala Clara A Ayala Aftwo 7e re, N:3-e Ayala Mateo & Nora Sorkin Manuel 9_7 1516-1768 yr�- Quit Claim Dood Warranty Deed Vottq.-ige I-In"', 0 310 011 99 0 Mortgage Amt S36,000 w,d,:-f First emmmo"wa ColvVentional littp:/,'rcitti.,;*,-'.:"rsEamrc.,,cc)m. %carchhasic Q 20 201 1 X91 * 1 ••• lYSTR eaa3SbO OR 4576 $91' RLCMW 111A, 11O10 1 S M 'ArAl . awfOrt r, 1111"t, COt.tlt .n,„ ctf" OF Tor Cl RCU11 Cenall 001:9.10 Win ■rc 110., cows 10.00 r-.mn1.: poll- C"J. A Sr:rrr. U. 12 SL 7" Se"k. Svik 6el I'vt 1a9deNatA, 71 QUIT ICLAFMI DEEP 91 %fade or FeWruuy 4th. 2010, by' :u,1 wzz) Nia" A-611 and Nwa AyaL t•a r', nhr,r ad&et, it :07 Washinttoa Awning. loanable! Fl, 34142, hamrnfla called the '�u�xr', tor, C4rs A. A)akk ukaw adillm" it- 207 Washist;gtan Avaaam. linisn"laa i'!, 3414Z haroinaller plied it* "grantee ": IR1ArN V••.. 'a,we. -: mA '.'l,�•v.• ,n,l' .. b..,�yr n ;K-a' •- r�e!!x: —, Y v'.. Lei. H_ �. �'K' x. pv^ ��.. uu.. wv M., V ,Trr,nnnnn , :mm,s +J m.l+n of a,r •�+v� � 4 Wit'"Wth, 11W the g'amor, f, cnd in caaside:aLx, of ttr sun of S LN AND NU'I0o pi7LLAR5 ff :0,001 and othet ,-alaabk catsidest mcis, erccir! uhrrref :, SC L•e,.kdged don hertby immix, RI w— and quit C.WM lade Air Oxill a Reeser, all On: right t:Iie• - .nteresr, c.a,m and demand Which the said grantor has it and lo. all dint ce,tsin .wid %= arise Collie- ComigN Flsrida, -M, S, 9. ,•,d , , Fit- :t :. :red a'�,•doe,t of . as recorded m Plat Bank :, d Pao 36. of the PubLC Retvr3s of CoOier Ccu+r.. •et57lrY��t or fat, :: and 7% p•rs A,lr b) the Star. Rea_ Drimrr,eat N'ea`rll' j. •,\ Pareet identincetion Number: d16y172Q1q \\ 't Sabjtes to 371 rrstna :itn,. ca,etont e s of trnrd un :c a: : anir; r,dinam"n and .,, rrstrict„an. i ,ed �41 tirh. f am". ^,I v Trtethrr alt tnc irne^lerlpJYrrditamrms And apt Mn "^CS-Z1Y -to Itc-mitioz n an rT r ,• . , Te HAt,,tad t9 Hard, the same topNlkralji .ati and sitssi.v I1ra+rm tlte.•cv- O'+^bap'n: ^r ,^ �•t»cisc a,"pertaitdat:. anC all estate, ril;hL hlle ir, idgeh t. hse»e+.r of the MM cn._rr•. r,the, it '�H.. or rgahy. In tae only proper v, benefit a ?�o ' Frvnr farc: f- Mateo Ayala / 207 WuItIOPOa As r., ilamakalet, FL 3414: .TSxare reared Ond *11wred M. Ow fWa�rrrc•"r; ll'it ctt,GiCnatn,r PrlmNamr' 111Y�nF.a'w +ft.�7LC� tMf+)CL �9ra A�y1a �� %� 20' t4 nshi"n Kvc., imtnolu es. FI. S41a2 N'itnrss SiFna�7I9�,r Prim Name: Is Witaw 11'Ettrraf.'.tie Rnctcr has hrrean o set them hand(,? and sebtfs) the day anC "d, v " far. a , c •}rat+. THE FORt:GOL \G 1 \g7'Rl:h1E!YT \1'AS ACk�Ori'LF.p(:Ep :+el'a!r tr.: or eb't: =*a <.::.: _•. h+ sfa:ea Al9!a v4 `lore A_l orb -W is pet%maita eneun W me c- has err sated s .tifiralw NO. ARY M'ttL'•_ 1 � n ' . ' ' Search Results Collier Count} Tax Collector 3291 E; Tamiami Trail Naples FL 34112-5758 1.010 Tax Roll lnquir) Svstem Paix i of I rent tints Rage 0%t \FR INFORMXTIO', ? PROPFRrl 1\FORNIMO\ �amr. �l'.�E..1. ('LAK�.1 -- _1" l_ 7 iLrrri: 6i "1.20W hrrr :" 13 �' t .ddr~esri(20''N"A.SHI'�CT(>rAVE I,a: 'IIM011t�inK -�L!!; Addrm 1 1 ,:1tF11 KTiIDDF\i 111A 4 LOTS A. 9 Lqvw''40D t.DT J LESS 9!F'r ILtN �ddmr�l 4 m�l .. Market \'a ___ _ _ , 11'r '.X 11fUR_ 1 -%TIO� P%N TFRNI\ P,�1 til£N1 I \F(1 ridtr to : ?w l� '� Derr�dl: 'idnw Fr:{ 0 ��111� ? q rler; Blied Et: 1� IsJrptnJ: %'Mrr.ippr: trr�� Fc��a 2222 j • GrvssTar L,1±a, Nnrt:k'0 STATI COMMENTS � � t'R rll ll \Ii1�lf)R�t \I :U\ rmn"tr% ma-r hr paid .rtA ca.4 rarVnz. rArc4 ..r m�nr+ :•rdrr _. NOW "W-, 11.mci Irfm)a6un 20p4 Pared Information 2005 Parcel Information 2006 i'srccl ►nl t tia:� n :007 ?arcel Inliimlatiun 1 2008 I'arcci Intnnnatier 2009 Parcel Ir.fQrn anon Last I 'pdated: 09 19'201 1 5:00pm http: ilcolliertax .cnmisearch /view.php ?ID= 197994806 &page =1 &tc- l &tax_year =2010 9/20,1201 i 91 I -1 4 ArcGIS Explorer Online Page I of I F� �_v 91 http://cxplofer.arcgis.coml?open=795a4fa88f8547ab896dc4839fbc24c4 9' 19.,'2011 V - - k Rcalv<l Socjec, Property Immokslee. FL 34142 Collier County Owrot, Info Property Detail Report Page I of I -;earchbasic ) 21 '21011 X91 Ayala Untoo 3133 Ayala Nora S`193 A7-!--z 207 Washington Ave Commemiat-Vacant I r. tiro no C, :y Immokafee FL Commercial Lot E' Z 34142 Location Info, Collier County Sd Whiddem Fred 114.00 C -4-MSO&d Fhod Zone P2ne, 120DST0160D Tax Info 8116111196=9 $13,000 P N T11400 4 222E04 0005 2010 Fred Whidden Olk 4 Lot 22 Lose 2W Rw $193 22 '---v 2010 '!'-,-k it' 4 L.4i4t: A5scs-;,m'.uw $13,000 -15 1P 4 Middan Frod LaV. MNf%*t Sale, Ayala Mateo .1—L Ayala Nora -;earchbasic ) 21 '21011 X91 . - - R.4tutn tot Naas Address This tootrusent -was prepared byt NORMAN SOMSZR4. P.A. 1110 ariekell Avenue Miami. Florida 33131 Property Appraiser's 0 Force, imzeel Identification � o go• o C7 �t w Grantee Social Security et m co oo No. Grantee Social Security CO Yo.. ur J'44W PR STATOTOW MARAASTY OM DOWa WT_ THIS zxowmw made this day of v . 1989, between rn0 -1SW=L SZWIA and MIRIAM SER141'T,=m wife, or. rne County at Dads, State of Florida, ('Grantor'), and MATZO AYALA and bORA A7ALA, hieg wife, ('Orantee'). whose sailing address is 207 ttashington Street,�i Isaokslee, Florida 33935. 5 0 WITMaSSSTO that said Orentor, for and :n consideration of the sus of TEN ($10.00) DOLLARS and other good and valuable consideration, to raid rancor in band paid by the said Orantse, the receipt whereof is L pare aokaowiedged, has granted, bargained and sold to said Grant,**. Ana anise's hairs and assigns forever. the following drat -.abed land. yi and being in Collier C0114 Ffelda, to Witt g' ' Lotm 8,; S(ti sad 23, 81 n82DOES. ;�OO�Qqiit the Plat :burro a recorded n k Pist tlo0 t 3a, of tbi P sic Reoorda a of Collier ty. �� Leis the South 20 lash of Lots 2 3, pr4vioos� 80quired by p the St da:. a Subject to ahp fp1��, in r+ ��-' 1. Taxes and i,aisaa'alAts 'r�i989zan 4 p4won t years. w o 2. Saaeaent i Ivor Of Lee Countytk. a eia- Nodperativo. Inc. TF 3. Conditions.i c<ioha end Lialtbit of revotd, it any. and said Grantor does hereby�rars�y prk cite title to said land, and rill defend the eau ag&innit�.t ul claims of ail persons whomsoever. IN W1W S WKTJ OF, Grantor has hereunto set Grantor's hand and seal. the day and year first above written. Signed, sealed and delivered to the P of t Ll en v STATE Of FLORIDA ) = COUNTY OF OADB ) a a!i m O o m cn C7 _ 7�t bn :he foregoing instrument vas,aeknowledged before ae this lzt day of by MASVZL SRRKIN and MIRIAM SZAXI ., s 4. ,• +`,;4.;f) "n r11ylatel: Vin s.ts tY public ate lorida My Commission :s itear'_K,.i°,'mn.iwt wOe1M1( �pMY110. A w_ ATlellr[• AT LAW, — M..'W.I t Lj 0 � o C7 �t RANUXL. 3'n KLRUA m co oo :he foregoing instrument vas,aeknowledged before ae this lzt day of by MASVZL SRRKIN and MIRIAM SZAXI ., s 4. ,• +`,;4.;f) "n r11ylatel: Vin s.ts tY public ate lorida My Commission :s itear'_K,.i°,'mn.iwt wOe1M1( �pMY110. A w_ ATlellr[• AT LAW, — M..'W.I t Lj . - I . Result,, Collier County Tax Collector 3201 E Tarniami"Frail Napics FL 41 :?-5758 20 1 O'Fax Roll Inquiry System Prini thi5 page !,Ugc : (I I MN NUR 1',FORNIAT10% %I %TEO& %OIL% 7-7: P9114" IMMOAALEL j%jagli(asN101 r F_1 81A 4 1 OT LUSS FI. 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F- W z °C z Q a O Owp � Lu \ v` c�. Retn: CLBRI ?0 TH BOARD IMROFFICI ITT FLOOR 11T 8406 ITEM #. /t BCC DATE: 3621786 OR• BY: r!,O,��,�, j5 -7 e . - ,"�,% • 3OVL ru; 0JI Be 111 299.00 RICORDID in the OFFICIAL RICCUS of C011II1 Cow, FL COPIES 35.00 05/19/2005 at 09:53AK DVIG1i 1. BROCK, CLIK DEVELOPER CONTRIBUTION AGREEMENT AVE MARIA I 2 A THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement') is made and \ entered into this Zlotl. day of April, 2005, by and between AVE MARIA DEVELOPMENT, 1� LLLP, a limited liability Florida Limited Partnership, formerly nown New Y as Town Development, LLLP ( "Developer ") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ( "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ") was created and established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625, effective June 17, 2004; and WHEREAS, within the b available approximately 905 operation of a private uni ersi undergraduate, graduate, an pr es activities, benefits and pr gr southwest Florida, the State of o arron Collier Company has made the Ave Maria ity, Inc. for the institution and as Ave Man U 'versity with a full slate of ro s rela c ltural, recreational, and other i , se ch, and public services to la. t e t n- n WHEREAS, as set in the February 005 endations of the Southwest Florida Regional Planning C Development of a act Assessment for the "Town of Ave Maria," DRI #07 -030 ere is to be create 95 -acre Town of Ave Maria, to be located just north of Oil We Q d adjacent Keais, which proposed Town at buildout will include 11,000 reside a17'i' ouse an estimated 24,200 residents, 690,000 gross square feet of retail/servic , square feet of office, 400 hotel rooms, a 6,000 - student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laving of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of Immokalee, Developer has agreed: (1) to donate certain right -of -way and other consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of 8 OR: 3802 PG: 2558 WHEREAS, in addition to the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County, and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Immokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road contemplated hereby; WHEREAS, the Trans p Administrator �has"" Commissioners that the plan for d set forth in this conformity with contemplat d p nt d a ditioi network and that it will be a v right -of -way described herei ; WHEREAS, after re e conside ra io tn by authorized the County Attorne reps are this Agree a. The subject Propo� is in confi and additions to the t't�a,A. IT ended to the Board of County ent ( "Proposed Plan") is in to the County's transportation tper to donate and contribute the issioners, the Board has i finding that: the contemplated improvements b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the County's existing Comprehensive Plan; d. Except for the right -of -way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five -year capital improvement program for the County's transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement: Page 2 of 8 12q OR: 3802 PG: 2563 l2 a County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (S) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 23. This Agreement and DRI Development Order, SRA d Engineers permit for the Town Maria DRI or SRA do not bec me received and become effecti e b fc hereunder shall be null and vo' $6,000,000 in impact fee cr its ec impact fee credits may be uti i IN WITNESS WHEF by their appropriate officials, •.r Attest:'' DWIGH�t,5.141' 'Ierk S E S: 0" . Print Name: $►/�� 9c4 Print Name: ! rein shall become effective when the Ave Maria and Army Corps of become i effective. If the Town of Ave ACOE perm fo the Town of Ave Maria is not r 06, th's A eement and all obligations to r will retain the estimated r e i Plans and Permitting which le parties hereto � date first above Agreement to be executed Y COMMISSIONERS , FLORIDA, By: W FRED W. COYLE, Chairm AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Baron Collier orporation Gene P By: Paul Marinelli Title: President Page 7 of 8 12q November 8, 2011 allocated for the -- for unincorporated Collier County strictly. So there are some individual components within the AUIR/CIE where we utilize different population numbers. I will admit the majority of them utilize the peak season, which is your 20 percent markup. COMMISSIONER HILLER: Going -- continuing with that. And, Commissioner Coyle, thank you for providing the clarification. In the email where you responded to me on the question about the population -- which I still have an exception to. I take exception with and I think we should bring it back and analyze it -- is -- it says that you're supposed to use BEBR except when we're in a census year, when we have census numbers. So did you use census numbers for this? Because I thought you were using BEBR. But according to this email it says that you're supposed to use census estimates. MR. BOSI: We did use census estimates -- COMMISSIONER HILLER: You used census? MR. BOSI: -- that were incorporated within the BEBR numbers. COMMISSIONER HILLER: Okay. So the census was incorporated into the BEBR? MR. BOSI: Yes. COMMISSIONER HILLER: Because here in your email your response is, is that BEBR is separate from census and that the census MR. BOSI: The BEBR numbers were delayed two months this year because they had to incorporate the factoring of these 2010 census estimates that were provided for. COMMISSIONER HILLER: So that's actually -- BEBR are one and the same for purposes of this? MR. BOSI: For the purpose of this population, yes. COMMISSIONER HILLER: Okay, great, wonderful. The next item that I'd like to address is under requested actions, it's Item 7, which is direct the county manager or designee to manage Page 285 12A November 8, 2011 the impact fees and projects identified in Attachment D of the roadway portion of the CIE consistent with the conditions outlined in the Ave Maria LLLP letter attached. And then what we have at the beginning of this staff report is a letter from Ave Maria signed by Blake Gable, and it provides what seems to be a -- an amendment to the DCA. Now, it's supposed to be acknowledged by Nick Casalanguida, but obviously Nick cannot sign in a contract amendment on behalf of the Board of County Commissioners. And, you know, this has provisions in it, some of which I can't accept and others of which I can, but are, you know, absolutely contrary to the DCA. So, I mean, if we've got -- and, really, I don't want you to address it, Nick. I want the county attorney to address it, because this really doesn't make a whole lot of sense to me. And it -- in effect, for the benefit of the people who are listening, it's all about, you know, the shifting of impact fees between districts and, you know, the un- -- one of the unfinished projects, specifically 60044C, which was to be completed under the DCA. MR. CASALANGUIDA: May I, Mr. Chairman? It might be helpful if I give an introduction to this for the county attorney. CHAIRMAN COYLE: Go ahead. MR. CASALANGUIDA: Thank you. Your Attachment D. which is on Page 20, shows your five -year work program. CHAIRMAN COYLE: You're going to have to be more specific. We've got a packet with information in it, and then we have this document with information in it. You're going to have to tell us -- COMMISSIONER HILLER: Can you put it on the overhead? CHAIRMAN COYLE: -- which section you're talking about. MR. CASALANGUIDA: It's in your book, your AUIR book. CHAIRMAN COYLE: Okay. Under which tab? MR. CASALANGUIDA: It's under Page 20, under Category A facilities. Page 286 I 2 A November 8, 2011 CHAIRMAN COYLE: Okay. On page what, 20 you said? MR. CASALANGUIDA: Twenty. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: And it's up on the viewer right now. It's your Attachment D. CHAIRMAN COYLE: Got it. MR. CASALANGUIDA: Okay, very good. That is your five year road program. Now, when we developed this program, we also looked back at Ave Maria DCA that says, monies from that impact fee district and adjacent district have to go towards the Oil Well Road project. Well, as you know, Ave Maria has not developed that area as much as we've liked. They recognize that. We've done both ends of that project consistent with that agreement, monies collected within that district or adjacent district, and more recently we've agreed to resurface that middle section of the road with the understanding that they wouldn't ask us to do anything for the next five years. That was a letter we received from Ave Maria a little while back. Kind of to piggyback off that letter, we said, well, we've got Golden Gate Boulevard and Wilson. That's an important project in District 5 that requires an improvement. It's a failing segment. And we said, if we're handcuffed by putting all the pipeline money the next five years towards Oil Well Road, while you're growing very slowly, and we resurfaced the middle section and widened it, you kind of put us in a bad jam. So we reached out to Ave Maria and said, can we take the money that we collect over the next five years in impact fee, that district, and apply it to some other capital projects that we think are more important than Oil Well Road right now? They thought about it for a while, and we talked back and forth, and they agreed, provided by this letter, for a reduction in impact fees dedicated to Oil Well Road over the next five years consistent with this attachment. They said, Page 287 12A h November 8, 2011 whatever you've provided to the Planning Commission, whatever the board's going to see, we're okay with that. You're going to do some other improvements that are good for people in the Estates: The bridge on 23rd, Golden Gate and Wilson intersection, and continue on with those projects that are needed today. So what they've said is, rather than put that money in an account for us, which everybody would not like right now, we'll allow you to move forward with that project. But one particular caveat they said is, any monies collected in Ave Maria, we'd like that to be consistent with that district that we've set up through the DCA that you have. And we said, we don't have an issue with that. So they've allowed us to present this Attachment D, which is our five -year program, allow some other needed projects within the area to move forward as long as we take the Ave Maria dollars that they collected and one mile around Ave Maria and keep it for that area; we didn't have a problem with that. It's actually a reduction in the demand of the DCA. They're not asking for more. They're asking -- they're letting us take less. So that's kind of where we're at, and then the county attorney can opine as he sees fit. MR. KLATZKOW: And, Nick ' ' that we 51- had -- iscussions with " em, shou w 's by a endment, and they did not want to amend the DCA? MR. CASALANGUIDA: They said absolutely not would they open up the DCA at this point in time. KLATZKOW: Okay. COMMISS 'the- proble not going to amend the agreement, but you're basically going to do things which are supposedly in violation of the agreement. MR. KLATZKOW: Well -- COMMISSIONER HILLER: And we don't have an agreement to say that we can violate this agreement. I mean, to me that's just not Page 288 12A November 8, 2011 the way we should be doing business. Either we're amending the DCA or we're not amending the DCA. Why would they be objecting to amending the DCA? You know, this has the effect of an amendment. So why wouldn't they agree to do it legally and properly? Because to call this -- to say that this is not an amendment makes no sense. MR. CASAL UI d, ma'am, t thing it changes is that we don't ave to pipeline funds to Oil Well Roa . That's -- as I read -- and it as drafted -- and I helped them draft it -- s, it's a forgivenes of that requirement. Rather than encumberin the county to do more, they've de- encumbered the county to do le s nd said, for the -- COMMISSI Well, again, we are bound by a contract. We're obligated under that contract. If we're going to do anything contrary to that contract, the contract provisions say there has to be an amendment, a formal modification. So I don't see how we can be doing this and getting away with it. MR. KLATZKOW: We're not doing anything and getting away with it. This was -- COMMISSIONS agreement -- MR. KOW: Ma'am, I mean, made the request of them because COMMISSIONER HILLER: Understood. MR. KLATZKOW: And they're willing to do this much. They're not willing to amend the DCA. My preference -- and I told them that. My preference would be to amend the DCA and get it before the board. For whatever reason they don't want to go that way. They preferred this letter. COMMISSIONER HILLER: I have a problem with that, because I think that exposes us to a contract dispute. I mean, this letter does not serve as a basis for a modification. Now we're going forward, and we're doing something contrary to the agreement, Page 289 12A November 8, 2011 suppose \ , according to this letter. . KLATZKOW: What's your alternative, ma'am? COMMISSIONER HILLER: Well, the alternative is you don't do it. MR. KLATZKOW: In which case you won't -- you'll be losing all those projects. COMMISSIONER HILLER: I understand that. Well, then they need to understand that and agree to a modification. COMMISSIONER FIALA: We've just been talking about being business friendly, being flexible -- COMMISSIONER HILLER: It's the -- COMMISSIONER FIALA: -- working with people so that we can benefit the whole county. COMMISSIONER HILLER: I understand all that. COMMISSIONER FIALA: And if they're in agreement and everybody's in agreement -- COMMISSIONER HILLER: Either this is a -- you either have a modification or you don't. You can't be half -- you can't go halfway on this. You can't just sit there -- COMMISSIONER FIALA: I think they have an agreement. MR. KLATZKOW: It's more of an estoppel and a waiver than it is an agreement. And, again, it's not the preferred way to do this, but it's the best deal we can cut. COMMISSIONER HILLER: And I also don't understand with -- Bullet 3 of this. I mean, this is -- you know, and I certainly don't think that this is something Nick can cut under any circumstance. MR. CASALANGUIDA: I didn't sign it, ma'am. I just acknowledged I received it was what they've asked. COMMISSIONER HILLER: Okay. Well, it doesn't say acknowledge receipt. It said "acknowledge." So, you know, Bullet 3, you know, I really don't understand what that means, and I don't understand the implication of it. Page 290 I za November 8, 2011 MR. CASALANGUIDA: It's -- it will apply for grants, and we'll do our best to keep things moving in our program the best we can. And it says -- it's best efforts, which is kind of, you know, one of those, we shall do our best efforts to keep moving forward, apply for grants, maintain a schedule, accelerating projects where possible that qualify for funding. But it doesn't require us to do anything other than use our best efforts. COMMISSIONER HILLER: But why are they requiring that of us? MR. CASALANGUIDA: Well, I think what they've said is, you've got a five year program; do your best to maintain that five year program. That -- so they wanted to -- so they put us on notice, don't let these projects drag out, you know, so -- keep things moving. COMMISSIONER HILLER: But what is it -- how is it their business how we do business? And how can they include that in this agreement? And then it also says, to further pursue funding for that particular project with the same level of priority and diligence as is exercised with respect to other projects in the five year program. Is 60044C part of the five year program? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: Okay. So how do you go for funding for this with the same level of priority as with other projects? I mean, priority means -- - MR. CASALANGUIDA: Grants. COMMISSIONER HILLER: -- that one comes first. MR. CASALANGUIDA: Grants, ma'am. They're referencing grants. COMMISSIONER HILLER: And what's the priority? MR. CASALANGUIDA: In other words, we apply for any and all grants that are available. There's that Indian Roads Reservation grant that we could apply for in that area, economic development grants. If a project gets approved out there, we can go through -- they Page 291 12A November 8, 2011 are within the RASIC (phonetic) in Immokalee. So anything that they qualify for, they just say, "and apply for it," you know, and we're comfortable doing that because we're reaching -- we're applying for anything that we can qualify for. COMMISSIONER HILLER: Well, like I said, I can't accept this as presented as an alternative to, you know, properly modifying the contract. I mean, there's a way of doing business and it's governed by the law, and I think that's what we're bound by. And this loosey goosey, you know, here's a letter, Nick, you know, acknowledge that you received it, I mean, just -- MR. CASALANGUIDA: Well, I did tell them to put it on the Board of County Commissioners, an exhibit to this executive summary, so the board would have to review the requirements. Again, it's a reduction. COMMISSIONER HILLER: For -- Commissioner Coyle didn't even know it was in there. CHAIRMAN COYLE: I didn't? COMMISSIONER FIALA: But you know what? This is where government is getting in the way. You know, we're talking about thinking about our people, about our community, and we're talking about less government. And, I mean, we've stated that many times, less government. And to have to -- have to adhere to something letter by letter by letter instead of working for the betterment of the community and preparing these agreements so that we can help that community, instead of hinder them, I think it's important. I say less government. COMMISSIONER HILLER: Well, it has nothing to do with more or less government. It's about the law. CHAIRMAN COYLE: It's about your interpretation of the law which, as we all know, is sometimes very bizarre. COMMISSIONER HENNING: Well, I don't know if that was necessary, but it's the same opinion as our county attorney. Page 292 12A November 8, 2011 CHAIRMAN COYLE: It's not the same opinion as our county attorney. COMMISSIONER HENNING: That he said that we should amend the agreement. CHAIRMAN COYLE: He said his preferred -- MR. KLATZKOW: The preferred way to do it -- CHAIRMAN COYLE: --process. MR. KLATZKOW: -- would be to amend the agreement. They don't want to do that. CHAIRMAN COYLE: Okay. And I fully understand why they don't want to do that, and you should, too. COMMISSIONER HILLER: Why is that? CHAIRMAN COYLE: Because once they open up that agreement, there are all sorts of things people can come in and demand that would be detrimental to them. And if they don't have to open it up, they're not going to open it up. COMMISSIONER HILLER: Who's going to ask -- CHAIRMAN COYLE: And no lawyer would recommend that they do so. COMMISSIONER HILLER: You know, modifying one provision doesn't affect the rest -- CHAIRMAN COYLE: When you open it up, you're not saying you're modifying one provision. COMMISSIONER HILLER: Sure, you are. CHAIRMAN COYLE: You're opening it up, and lots of things can be done. COMMISSIONER HILLER: Jeff, can you help out? CHAIRMAN COYLE: So it's -- you know, the point is that the county attorney has reviewed this. He believes it is an appropriate procedure under the circumstances. And we can belabor that all night long if you wish. It's not going to change anything. So let's go to your next question and see if we can't get it answered for you. Page 293 12A November 8, 2011 COMMISSIONER HILLER: Jeff, can you respond to what Commissioner Coyle just said? MR. KLATZKOW: Okay. Let me put it a slightly different way. We're not -- we are gaining by this. r'u A Tu A/f CendmATZKOW: Okay. If the Colliers stick by this, haw ent gain by this. If for some reason Colliers decide to s , er's not binding because the contract requires an n the same form that it was originally signed in, then ame position -- CHAIRMAN CO . s we were a ore. MR. KLATZKOW: -- as we are now. So from a cost benefit analysis, we have everything to gain by going forward with this, and we've got nothing to lose. Would I prefer a formal amendment to the DCA? Yes. Do I know why they're not doing this? No. COMMISSIONER HILLER: Here's why. I'll tell you why. Because if it's not a formal modification to the contract, at any point in time they can change what they have committed to, and we go back to where we are now. So to secure our plan to be able to take these funds and build these other projects, as we have outlined in the CIA (sic), what we want to do for the benefit of the taxpayers is secure that that is, in fact, going to happen, because that is what those citizens need. MR. KLATZKOW: Well -- but to be fair, we'll be getting into cons c ion agreements as a result of this. We've been relying on this letter to our detriments t the can just yank that letteT Commissioner Hiller, I agree with you, my strong preferen w uld be to amend the DCA. I don't know why they don't want to COMMISSIONER HIL cou you address what Commissioner Coyle said, that amending it for this -- Page 294 �Y 12A November 8, 2011 MR. KLATZKOW: He might be right. I mean -- COMMISSIONER HILLER: It doesn't open -- it doesn't open anything else. It merely addresses this one issue. It's a singular modification related to this. It gives everybody certainty. It provides that this is all being done legally, and it provides certainty for our projects. If we go back and we say, oh, we entered into these contracts because we detrimentally relied on this letter, they'll laugh and they'll say, well, guess what? That was a nonbinding, you know, agreement. It's not a modification to the contract. We can renege it at any time. MR. KLATZKOW: Ma'am, they may feel targeted. I mean, I don't know what else to say. I mean, they've taken a lot of negative remarks from this board over the past year or so. And, you know, I don't know how comfortable they are coming in here. COMMISSIONER HILLER: Well, we're exposing the taxpayers. CHAIRMAN COYLE: We're not exposing the taxpayers. COMMISSIONER HILLER: We are, because if we get into these contracts and then we can't pull these impact fees, and we're going to have to pull it out of General Fund to pay, which means we're going to take the money away from, you know, other services that those taxpayers anticipated they would get for those dollars contributed. MR. CASALANGUIDA: These are simply road impact fees. And right now the way -- COMMISSIONER HILLER: Right. And if you don't get those impact fees -- COMMISSIONER FIALA: Let's hear what he has to say. COMMISSIONER HILLER: -- and they all go to Oil Well Road rather than to these projects, then these projects, once committed to, would be drawn from. CHAIRMAN COYLE: Does anybody -- is there -- yeah, okay. Page 295 I ZA �, November 8, 2011 We're going to go to some other commissioners. Who was next? COMMISSIONER HILLER: Well, I'm not done. CHAIRMAN COYLE: I know you're not done, Commissioner Hiller, and you won't be done until four o'clock tomorrow morning -- COMMISSIONER HILLER: You're right. CHAIRMAN COYLE: -- because you keep belaboring the same issue. COMMISSIONER HILLER: Well, these are big issues. CHAIRMAN COYLE: So we'll try to answer your questions, and then we're going to vote. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: Okay. Commissioner Coletta, were you next? COMMISSIONER COLETTA: I think it was Commissioner Henning. CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: As far as the 20 percent seasonal population, could you provide us in the future -- Mike, I don't know if it's readily available. I'm not sure if that 20 percent has actually changed at all over the years, but I would like to see that to verify that. Commissioner Hiller may have a valid point, but if it hasn't changed, then we haven't built anything for that seasonal population of 20 percent. Thinking that that 20 percent is the coastal seasonal residents, and all the growth is in the, you know, urban to rural, nothing has changed. Do you see what I mean? MR. BOSI: And I think what your statements are, that there would be merits for us to look at the seasonal population rate and see if that 20 percent is still a valid number to represent the influx that we do receive. COMMISSIONER HENNING: Well, the influx of that 20 percent may -- that number may have not changed for a decade. That Page 296 12A 1W November 8, 2011 -- those seasonal residents that live up and down the coast, Marco Island, Gulf Shore Boulevard, Port Royal, City of Naples, that's -- it may not have changed over the years. MR. BOSI: And what I can do is look and find and identify the data analysis that was provided to this board when you got -- when the commission made that change in 2007 to see what the justification of why that 20 percent was arrived upon and provide that, and if that leads to further questions, then I will -- you know, we'll explore wherever the board would direct us. COMMISSIONER HENNING: Yeah, yeah. But if it was ramping up and we're providing -- we're not providing if it for roads because it's peak p.m. -- MR. BOSI: Yeah, it's real time. It's real time based. COMMISSIONER HENNING: Water and sewer. The only other ones is, you know, public services. Well, safety, too, with the jail, and police force. MR. BOSI: And we've adjusted jail level of service based upon the actual incarceration rate and the cell availability. We've lowered our levels of service standard for our jail rates, and based upon the sheriffs ability to better manage our occupancy rate related to the 287G program and the deportation, but we have made those adjustments. But I can provide that -- that information, and if the commission would like to see us move forward with it, you know, we'll be at your direction. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay, good. COMMISSIONER FIALA: I think it was Coletta. CHAIRMAN COYLE: Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Thank you. Yeah, going back to the 20 percent. That's -- we're taking the seasonal -- not the seasonal population, but the permanent population Page 297 12A g November 8, 2011 and we're increasing it by 20 percent across the board. COMMISSIONER HENNING: Oh, is that what it is? MR. BOSI: Yes. COMMISSIONER HENNING: Oh. MR. BOSI: Yes. COMMISSIONER HENNING: Okay. Well, you've got the floor. COMMISSIONER COLETTA: That's as I understand. COMMISSIONER HENNING: Okay. Then I misunderstood. I thought it was 20 percent of the seasonal. COMMISSIONER COLETTA: Okay. So the -- that -- I mean, if you took the actual population need -- like Commissioner Henning said before, you have to deal with the seasonal population when it comes to water and sewer. You can't run out of the water; you can't run out of the capacity for sewer. You also have to deal with other issues. But when you come to, like, parks and rec, you've got a little bit of room to be able to play there with, and that's where the 20 percent comes in over and above the full time population. I think we're there. I mean, so far we haven't had any complaints about inadequate space in the parks or the libraries have been crowded. The only question -- the only thing I ever hear is the hours of operation, never the fact there's too many people using it. So I think we're pretty close on to where we need to be on that. But one of the others that I really wanted to talk about was, it's a little bit upsetting. Nick, can I have you come up again regarding -- this is, once again a a Collier's ping forward and making the adjustments to the c ct by etter. I mean, if we can't take the word of Barron Collier out there, ith -- to memorialize an agreement, a difference to the agreement i letter sent by the CEO of the company, Blake Gable, I d ow Page 298 12A November 8, 2011 where we can go in this county. I mean, you know, God forbid the we're making such an issue out of the fact that they didn't bring the whole thing back up for reconsideration. One of the suggestions I'd like to make to my fellow commissioners as we're going through this process, if you've got a point that's a little bit out there and you can't seem to get the answers to it, make a motion for some sort of action to take place so we can go up or down on the motion and move forward. You know, I'm willing to spend as much time as necessary with this, but I'd like my time to be as productive as possible. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I just wanted to address parks for a minute, and that -- and as I was looking through the park listings here, the park inventory -- and it says parkland inventory. And I wanted to note, at one point in time Commissioner Henning had wanted to know what -- how many community centers we had in District 1. He'd asked that question at the end of one of our meetings, and so I asked Marla Ramsey to send me a note telling me how many community centers we had in District 1. And then I scaled it down to just East Naples, because Marco has a different set of things altogether over there. And, of course, there isn't one in East Naples District 1. But she mentioned on this, on her list of things, regional parks, and she said there were seven regional parks in East Naples. And I was really surprised, so I asked her what they were, because I didn't know of any. I mean, Sugden Park is there but, of course, that's in Coyle's district, and I didn't know of any regional parks in East Naples. So she sent back -- of course, she sent back Marco Island ones, but one of the things she mentioned on here, Goodland Boat Park, Collier Boulevard Boat Park, Rich King Memorial Greenway, Caxambas Boat Park, or I though, maybe we ought to categorize some Page 299 12A November 8, 2011 of these things so that we have a better grasp on what kind of parks we're actually talking about. Because we've been trying to build up our boat park repertoire, if you -- you know, our boat parks for our boaters, but we don't have a listing of boat parks. Same with greenways. We're to build more and more. Somehow I can't consider Rich King Memorial Greenway a regional park. I mean, you can't go swing on a swing or, you know, anything like that. It's a -- you know, it's a nonmotorized pathway, is what it is. So maybe we ought to put them in categories that actually mean something. So if they say a regional park, you think of North Naples Regional -- or North Collier Regional Park or, you know, even Sugden Regional Park. And so -- that's just something to consider. I don't ask you to change it now, but I think that they send a different message than what they really are. Thank you. CHAIRMAN COYLE: I think she's right. COMMISSIONER FIALA: I'd love to know our stock of boat parks. MR. BOSI: Well, and we're -- and, Barry, you elaborate upon -- Barry could elaborate upon this. The reason why the boat parks are considered regional, it's because of the draw. It's because of the regional -- the regional classification is known for its -- someone will travel more than 5 or 10 miles to that facility. COMMISSIONER FIALA: Yeah. But, Mike, that isn't my point. MR. BOSI: No, and I understand. I think that -- COMMISSIONER FIALA: I think we ought to have a classification as boat park. I think people ought to know where our boat parks are, all of them and as we add we'd have more under that classification. MR. WILLIAMS: Commissioner, we can -- and what we can do in future AUIRs is we can categorize it. We could distinct -- make a Page 300 12A jo November 8, 2011 distinction between a regional park, as you're describing with Sugden or North Collier versus these other boat amenities, like the boat parks. We can segregate them and show them as what they are. COMMISSIONER FIALA: And even greenways. I mean, if I were a tourist or even a winter resident and I picked up a list of the parks, I'd want to be able to flip to boat parks or -- MR. WILLIAMS: Yes. COMMISSIONER FIALA: -- or to biking pathways or something. MR. WILLIAMS: And I would say on our website we do have them categorized that way. So when the public's looking for them -- and what we can do with the AUIR is just similarly put them in those type of categories. We do have the distinction of regional park as far as the definition, but there's a way to categorize them so that it's not deceptive to anyone. COMMISSIONER FIALA: Thank you, okay. CHAIRMAN COYLE: Thanks. Now, did you have anything more to present, Nick? MR. CASALANGUIDA: No, sir. CHAIRMAN COYLE: Mike? MR. BOSI: Okay. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, going to the issue of parks, you know, currently we have a very substantial inventory surplus. We have about approximately 150 acres valued about 30 million in surplus. Where -- and, by the way, the General Fund, we've got about 10 million in impact fees going towards the regional. Where -- the facilities, do you have those included in government buildings? Where are the facilities, like, for Eagle Lake and projects like that? Because -- yeah, they're not included in your -- in your community parkland or regional parkland categories. Page 301 i za November 8, 2011 MR. WILLIAMS: Commissioner Hiller, just to -- one point is that with the parks' AUK we focused strictly on land. COMMISSIONER HILLER: On land. Right, so where -- MR. WILLIAMS: But we do have within the appendix section a categorization of the various facilities that we have in our inventory. COMMISSIONER HILLER: So where are the -- so where is the -- where is the CIE for park facilities? MR. BOSI: They are no longer -- they are not a part of concurrency, Capital Improvement Element for the parks. We have regional and community. The board, in 2009, directed us that they didn't see the value of the facilities measure based upon the metrics that were presented, and it was directed -- COMMISSIONER HILLER: So they eliminated that? MR. BOSI: To eliminate that, we include it as part of the appendix -- COMMISSIONER HILLER: As part of the appendix. MR. BOSI: -- and that we try to classify where our new facilities are going to be located at. COMMISSIONER HILLER: Okay. And go ahead and explain the $10 million for Pepper Ranch, or 9 million -- yeah, $10 million for Pepper Ranch. MR. WILLIAMS: Just to get us on the same page, I think you're referencing -- COMMISSIONER HILLER: The 50 acres. What's going on with that? MR. WILLIAMS: Page 103, is that a good place for us to -- COMMISSIONER HILLER: Let me see my numbers. Actually, I'm on Page 95. MR. WILLIAMS: Ninety -five? COMMISSIONER HILLER: Like 96 and 95. MR. WILLIAMS: Just part of the discussions that we've had with Conservation Collier -- and this has been in the AUIR for the last Page 302 12A November 8, 2011 couple of years. But Conservation Collier and the work that they do in the land in preserves, there has been talk of Pepper Ranch and developing a recreational component to that where Parks and Recreation would manage either a trailhead or the system of trails to allow public access. That's not something that we have formalized nor have -- COMMISSIONER HILLER: How would that affect our mitigation banking? MR. WILLIAMS: That I couldn't answer. MR. CASALANGUIDA: Passive. COMMISSIONER HILLER: It would be passive? So it wouldn't -- MR. WILLIAMS: It wouldn't -- Nick is telling me that it wouldn't, but let's see if he wants to -- MR. CASALANGUIDA: As long as it's passive recreation for a lot of your mitigation, it doesn't affect that. COMMISSIONER HILLER: Okay. So it wouldn't in any way adversely affect those numbers. The ATV park, the $3 million in the ATV park, I saw you had that footnoted. What year do you anticipate to see that project coming forward in? MR. WILLIAMS: Well, there is currently public discussion right now. There's been one public meeting. We are soliciting input from the public about potential spots. We don't have a defined timeline for, you know, the ATV park opening. I know that Nick has been working on some of this, and I'll let him address that, if I could. MR. CASALANGUIDA: The simple answer is, no, we don't have a date, ma'am. We don't know if there'll be an ATV park yet. We're going through that whole discovery phase, so -- COMMISSIONER HILLER: Well, we have $3 million that we got by way of a settlement. MR. CASALANGUIDA: Yes, ma'am. Page 303 12A November 8, 2011 COMMISSIONER HILLER: You know, how can you say that you don't know if there will be one? MR. CASALANGUIDA: Because the requirements to put in an ATV park are a certain amount of acreage. We're going to have to go with the discovery and analysis phase to see if we can meet that. COMMISSIONER HILLER: So where do you have it in your analysis other than as a footnote? Do you have it projected anywhere? MR. CASALANGUIDA: No, he wouldn't or we won't, because right now the board's directed us to go out and see what we can do to come up with an ATV park, so -- COMMISSIONER HILLER: Are you going to amend the CIE -- MR. CASALANGUIDA: You'd have to. COMMISSIONER HILLER: -- to -- so we have to make a note that this is going subject to amendment to add the ATV park? MR. CASALANGUIDA: You do it every year, ma'am. You amend this based on any conditions that change, so -- COMMISSIONER HILLER: So we're -- over the course of this year we'll analyze it, and next year we'll incorporate it. But as of right now, it's not incorporated or it is incorporated? MR. CASALANGUIDA: That's not a capital program because you haven't identified it as such. It's just funding right now. COMMISSIONER HILLER: Okay. So we just have a footnote that there's funding there, but we haven't identified that as a project in our CIE? MR. CASALANGUIDA: Exactly. COMMISSIONER HILLER: Okay. The next area that I'd like to talk about is the Category B facilities. And I think the point that you made, that all of the Category B facilities with the exception of the dependent fire districts required loans from the General Fund to meet the necessary revenue. And, you know, I thought that was a very important point. I was very concerned when I looked at law enforcement, and- Page 304 i 2a November 8, 2011 where I said that, you know, in most areas we have very substantial surpluses. When it comes to the level of service with respect to officers required, our available inventory shows a deficit. And public safety is our number one function. So I have a real concern with that. MR. BOSI: We -- this is the first year that we've modified the level of service standard for officers per thousand. What we had in the past was 1.96 officers per thousand as our level of service standard. What we were finding, though, was that it was only a number for the AUIR accounting purposes. The sheriff had a much different staffing level. We worked with the impact fee and the Sheriffs Office to bring the AUIR to almost a base year with law enforcement. That's why you're seeing -- you would see right now that as it goes out to year'9 that you're going to have a deficit. It's because we're starting at our base year this year based upon the changes that were directed by this board from last year's AUIR. COMMISSIONER HILLER: And what were the changes that this board directed last year? MR. BOSI: Make the level of service standard a more relevant standard. So what we did -- COMMISSIONER HILLER: What does relevant mean? MR. BOSI: Relevant means that this is a Capital Improvement Program. If we just say that we're going to -- we're constructing -- we've got X dollars of construction associated with 1.96 officers, that really wasn't telling you anything in terms of square footage that was being provided. So within this AUIR we developed it, we developed the actual staffing based against the square footage to be able to get a square footage cost per officer, and then as we move forward with population, those -- that population can be translated to -- like I provided within the library, as an example, that square -- that square footage could be appropriately allocated to the population growth, because the way that it was before, that 1.96 officers just wasn't a real Page 305 12A November 8, 2011 deficit, you've got a deficit. What are you doing to make up the deficit? You know, I know that the sheriff has agreed to 1.84 officers per 1,000 people, and he has agreed that that will provide the substantial -- the necessary staffing for him to do his job. MR. BOSI: Yes. CHAIRMAN COYLE: Now, whatever we did to translate that into a deficit of square footage is clearly wrong. MR. BOSI: Well, and it was in the -- and I wish Amy Patterson could be here to help me because she had indicated during the impact fee study that the Board of County Commissioners endorsed -- what we did, we took their current staffing level and the square footage, and we're at zero. This year we're at zero. So all the new population that would be added within this five year window would show that we need improvements, that we need additional square footage. COMMISSIONER HENNING: That explains it better. CHAIRMAN COYLE: Perhaps. I'm still not convinced of it -- COMMISSIONER HILLER: Say that again. CHAIRMAN COYLE: -- but it gets closer to explaining it. MR. CASALANGUIDA: Commissioners, real quick. I think Amy's coming back to you as part of the annual indexing in December for some of these, so maybe we could have her explain what we've done in terms of level of service with the Sheriffs Office. CHAIRMAN COYLE: Okay. But the point is that the sheriff has agreed -- MR. CASALANGUIDA: Yes. CHAIRMAN COYLE: -- that what he's got is adequate for him to do the job. MR. BOSI: Yes. CHAIRMAN COYLE: I mean, he agrees to that every year when a budget is established; otherwise, he would be screaming if we had cut him to these kinds of deficits on square footage. Page 308 AVE MARIA 1 2A DEVELOPNMENT, LLLP October 18, 2011 Mr. Nick Casalanguida, Deputy Administrator Collier County Government Growth Management Division 2800 Horseshoe Drive North Naples Florida 34105 Re: County 5 Year Work Program — Use of Impact Fees Reserved for Oil Well Road Under Developer Contribution Agreement Dear Nick: I am writing to confirm our recent discussions regarding the County's use of road impact fees that have been otherwise reserved for the expansion of Oil Well Road in accordance with the April 26, 2005, Developer Contribution Agreement ( "DCA ") between Ave Maria Development, LLLP ( "Ave Maria ") and the County. As you are aware, the DCA states "[a)II road impact fees from District 5 and adjoining Impact Fee Districts shall be prioritized for the Project," which Project provides for the "the urban four laning of Oil Well Road ... between Immokalee Road and Camp Keais Road." The relevant unfinished segment of the Oil Well Road expansion is itemized as "Project # 60044C" on the attached 5 Year Work Program, which is incorporated herein by reference. You have asked for Ave Maria to consent to the County's use of those "prioritized" road impact fees to complete the capital improvements described in the 5 Year Work Program — rather than Project # 60044C — through the end of the County's 2016 fiscal year. Ave Maria agrees to the County's request with the understanding (as we have discussed) that the County agrees to the following conditions: • Collier County will expeditiously complete the roadway safety improvements to Oil Well Road described in the October 6, 2011, letter agreement between Ave Maria and the County (copy attached and incorporated herein), which improvements are described as Project # 60016A on the 5 Year Work Program; • Any road impact fees paid within the Ave Maria Development of Regional Impact (the "DRI "), and within a one (1) mile radius of the DRI, shall continue to be reserved by the County exclusively for completion of Project # 60044C; 2600 Col den Cat Parkway Ka pie �, Florida 3.1105 Tel 23').262 21, 1) 0 Fax 23`x.403,6808 :1'ww.1 L,em11 ria.cum Mr. Nick Casalanguida October 18, 2011 Page Two 12A • The County shall utilize its best efforts to secure the "Grants /Reimbursements" funding itemized on the 5 Year Work Program, as well as such additional grant funding as may become available during the relevant period, and shall take such steps to ensure that each project or program described in the 5 Year Work Program is staged to satisfy the conditions or contingencies associated with such funding, including: 1. Securing such permits and approvals necessary to render each project or program "shovel ready" as funding becomes available; and 2. Accelerating the work schedule for projects or programs where acceleration is necessary to qualify for funding. The County shall further pursue funding for Project # 60044C with the same level of priority and diligence as is exercised with regard to the other projects and programs listed in the 5 Year Work Program; • Road impact fees paid within District 5 and adjoining Impact Fee Districts shall once again be reserved and prioritized for the Project # 60044C in accordance with the DCA beginning on the earlier to occur of: 1. Such time as the Impact Fees /COA Revenue exceeds the $41,555,000.00 budgeted on Line 53 of the 5 Year Work Program; or 2. October 1, 2016; and • All other terms of the DCA remain unmodified and in full force. We appreciate the opportunity to assist the County in improving the safety of its roadway network under the foregoing terms. Please acknowledge our agreement where indicated below and return a copy for our files. If we can be of further assistance, please let me know. Sincerely /, /Z Blake Gable Ave Maria Development, LLLP Acknowledged By: COLLIER COUNTY GOVERNMENT— GROWTH MANAGEMENT DIVISION Nick Casalanguida, Deputy Administrator Date 89424898 7 A B D E F G H I J K L 1 _ Attachment D 2 FY12 - FY 16 5 YEAR WORK PROGRAM/CIE (TIED TO FY12 ADOPTED BUDGET) 3 (Dollars shown in Thousands) 4 Project Project 5 8 Name 6 FY12 FY13 FY14 FYI FY16 7 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount 12 600440 Oil Well (Ave Maria - Oil Grade Road) 437 RA 437 16 60044C Oil Well (Everglades to Oil Well Grade) 1,500 R 1,500 18 60168 Vanderbilt Beach RdlCollier Blvd - Wilson 200 200 1,300 R 3,000 R 4,700 19 60040 Golden Gate BlvdlWilson E to Desoto 1,000 R 3,500 R 4,500 20 600408 Golden Gate Blvd/Wilson E to Desoto Intersection 1,800 R 5,000 D/C 6,800 21 61001 Tree Farm/Woodcrest 2,550 A 2,550 22 68056 Collier Blvd (GOB to Green) 6,450 R/A 1,000 R 22,000 RICA 29,450 23 680568 Collier Blvd (N GG Canal - Green) 2,500 R 2,500 28 60116 US411SR 951 Intersection /Resurfacing 7,210 DIR 18,810 R/Cll 26,020 29 Contingency 3,197 1,000 1,000 1,000 1,000 7,197 19.407 25.310 23.200 8.300 9,000 85,217 30 Srbforal 19,844 25,310 23,200 8,300 9,000 85.654 31 Total 32 Operations Improvements /Programs 33 60016 Intersection Safety /Capacity Improvements 1,400 2,400 2,250 2,150 2,000 10,200 34 60016A Oil Well Shoulder Safety Enhancements 1,000 1,000 35 66066 Bridge Repairs/Improvements 5,100 2,300 4,800 6,500 6,000 24,700 36 60163 Traffic Studies /Calming 50 50 50 50 200 37 60077 Enhanced Resurfacing (Transfer to 1011111) 3,100 2,500 2,500 3,000 2,500 13,600 38 60077 Safety Enhancement (Road Refurbish) 500 600 600 600 600 2,900 39 60183 Sign Retrorefiectivity Requirement 150 250 250 250 250 1,150 40 60172 Traffic Ops EnhancementslSignals 1,350 1,000 1,000 1,250 750 5,350 41 69081 Pathways /Sidewalks Bike Lanes /Repairs 365 460 100 100 100 1,125 42 61011 Transit Enhancements /Operations 1,523 2,000 2,000 2,000 2,100 9,623 43 Subtotal Operations ImprovementslPrograms 14,488 11,560 13,550 15,900 14.350 69,848 44 45 60003 Collector Roads /Minor Arterial Roads 3,995 LP 6,453 LP 1,955 1,955 1,960 16,318 46 60171 Advanced ROW 50 50 50 50 50 250 47 Transfers to other funds (312) 2,868 2,900 3,000 3,100 3,200 15,068 48 Impact Fee Refunds 2,280 500 500 500 Soo 4,280 49 Debt Service Payments 13,480 14,582 14,583 14,579 14,584 71,808 50 Total Funding Request All Funds 57,005 61.355 56.838 44,384 43,644 263,226 51 52 REVENUES 53 Impact Fees /COA Revenue 7,155 7,000 8,400 9,000 10,000 41,555 54 DCA Consortium US411951 60116 3,320 3,320 55 Gas Tax Revenue 18,300 18,500 18,600 18,700 18,700 92,800 56 Grants /Reimbursements 2,000 21,209 15,100 2,000 40,309 57 Carry Forward 13,401 13,401 58 Interest Fund 313 Gas Tax 350 500 500 500 500 2,350 59 Interest Impact Fees 419 500 500 500 500 2,419 60 - 61 General Fund Transfer 13,735 13,700 13,700 13,700 13,700 68,535 62 63 Revenue Reduction (Less 5% Required by Law) (1,463) (1,463) 64 Total 5 Year Revenues 57,217 61,409 56,800 44,400 43,400 263,226 65 Gross Surplus /Shortfall 212 54 (38) 16 (244) - 66 67 Cumulative Through FY16 Capital Funding - 266 228 244 68 69 Key, 70 S = Study 71 0 = Design Expenditures based on current cost estimates. Revenues based on current adopted Impact Fee Schedule, projected gas tax revenues, budgeted general fund transfer, and approved grants and developer contribution 72 M = Mitigation agreements. 73 C = Construction 74 R =ROW 75 A = Advanced Construction 76 L = Litigation 77 1 =Inspection 78 AM = Access Management 79 LP = SIB Loan Repayment to State Retn: 3621785 OR: 3802 PG: 2548 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of CO RIC �00 IMlEROPPICB 4TR FLOOR COLLIER CODNTY, FL 05/19/2005 at 09:53AN DWIGHT B. BROCK, CLERK COPIES 9.00 KIT 8106 INTERLOCAL AGREEMENT RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES THIS INTERLOCAL AGREEMENT ( "Agreemenf) is made and entered into this day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, hereinafter referred to as 'District," an independent special district created by and established by and in Chapter 2004 -461, Laws of Florida (2004), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Land Development Code as of the date hereof and Chapter 2004 -461, Laws of Florida (2004). RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ") was created and established on April 23, 2004, by Act passed b the Florida Legislature, Chapter 2004 -461, Laws of Florida (2004); and 0 WHEREAS, within the es of the District, Collier Partnership, LLLP has made available approximately 5 e Ave Maria U 've 'ty, Inc., for the institution and operation of a private uni ers' y Av aria ni ersity with a full slate of undergraduate, graduate, an pr f 1 cu tural, recreational, and other activities, benefits and pr gr s fo p v di re e h, and public services to southwest Florida, the State p ri t ti ; an 1-4 WHEREAS, as set in the February endations of the Southwest Florida Regional Planning Co evelopment of R act Assessment for the "Town of Ave Maria," DRI #07- 0304 -1 roposed DRI D ent Order, there is to be created the 4,995 acre Town of Ave Mari , lie of Oil Well Road and adjacent to Camp Keais, which proposed Town at ti+ ude 11,000 residential units which will house an estimated 24,200 residents, 690,000 gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, 6,000- student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to be built out, substantial road improvements are required, including four lane improvements to Oil Well Road between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laning of Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the County has entered into a Developer Agreement with Ave Maria Development, LLLP (the "Developer "), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in OR: 3802 PG; 254 .2a certain right -of -way and provide for storm water management adjacent to said right of way donation and other substantial consideration; and (2) to design and permit the four laning of a section of Oil Well Road from Immokalee Road to Camp Keais Road for impact fee credits; all of which will be of significant benefit to the County's Transportation network; and WHEREAS, in addition, the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of $60 million dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Developer and County would not be accelerating the widening of Oil Well Road, and Developer would not be providing the County with substantial free right -of -way and other valuable considerations, but for the fact that Developer is building a new University and University Town in eastern Collier County, which University will greatly enhance the economic and cultural life of the citizens of Collier County; and WHEREAS, the Town of Ave ail t implementation of the Rural Lands Stewardship Area (RLSA) pro gr w nts the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2 e RLSA program innovative and incentive based program for planning, protect on resources, an de lopment in the rural area of Collier County; and WHEREAS, the" SA t r ogr 9s i be efits for Collier County and the Immokalee area; and era WHEREAS, the Imm area and its econ ev l ent will greatly benefit from the proposed road improvemen it Well Road and C s Road; and WHEREAS, given that the es n of Ave Maria may exceed ten years, there is a substantial concern by er pro owners will take advantage of the improvements to Oil Well Road and that their developments will utilize all available road capacity to meet their concurrency needs prior to the completion of the buildout of the Town of Ave Maria; and WHEREAS, the parties agree that: (a) Collier County, by virtue of Section 1(f), Article VIII of the Florida Constitution, Chapter 125, Fla. Stat., and Section 163.01, Fla. Stat., is a public agency with the power to reserve to the District by interlocal agreement sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria; (b) The District, pursuant to Ch. 2004 -461, Laws of Florida, has the expressed authority and duty to determine whether the exercise of any of its general and special powers in carrying out its single limited and specialized purpose (provision of infrastructure to the Ave Maria Community) would interfere with reservations of sufficient road public facilities by the 2 OR: 3802 PG: 2550 County and has the duty to determine that any of the District's activities would not be inconsistent therewith; (c) Both the County and the District are public agencies which have certain rights, powers, privileges and authority, shared in common, which each exercises and may exercise separately; (d) Each has the powers enumerated above which it can exercise separately that, by interlocal agreement, the parties may exercise jointly; (e) Administration of this Agreement will be by the County Manager or his or her designee as approved by the Board of County Commissioners of Collier County and by the District Manager or his or her designee as approved by the Board of Supervisors of the District; (f) The County and the District can use their respective powers held in common by cooperating with each other on a basis of mutual advantage; (g) The essence of this I C which the District provides to th e en any final local development of the De Development Order with s p fic to the public facilities; and WHEREAS, after c of nsi a at n both the County and Distric,,A s ri (a) This Agreem ers the public lu constituents, taxpayers, local s and residents, County community as a whole; (b) The public will reap this Agreement. WITNESSETH: and informal division of duties by hen requested by the County that ithin the final approved DRI s b the County of sufficient road hearings on this matter by listrict and the County, their and future, and the Collier associated with and emanating from NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes and Chapter 2004 -461, Laws of Florida (2004). 3 OR: 3802 PG; 25' 2A 3. The parties have entered into this Agreement in good faith and covenant to cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the residents of Collier County. 4. The proposed plan of development for the Town of Ave Maria at buildout is attached as Exhibit "A." Upon the issuance of the final DRI Development Order, and any amendment thereafter, Exhibit "A" will be modified to conform. The proposed phases and anticipated timeline for build -out of the Town are attached as Exhibit `B." 5. The County understands and agrees that the phases and timelines set forth in Exhibit `B" are merely an estimate of absorption based on current conditions, and from a Development of Regional Impact perspective, the controlling time for buildout is the termination date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further, County understands and agrees that permitting issues, mobilization difficulties, and lack of momentum could delay substantial development during the early years, and that the timelines and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and economic cycles beyond control of District or Developer. 6. Until the termi Order on June 30, 2020, and 1 with the proposed DRI De, capacity on Collier County's Maria. It is understood that development order is issue issued, and transportation i Land Development Code, facilities will be reduced by a for a project within the Distr written assurance that such Development Order. co the University iR reservation of sly mount. Each tirm unty may request of Ave Maria DRI Development truicted in substantial conformity S a to the District sufficient he uildout of the Town of Ave It i phases. As each final local ubl facility adequacy will be &et forth in the Collier County the District of road public development order is sought strict provide the County with sought conforms to the Final 7. Following the seventh anniversary date of approval of the final DRI Development ounty shall conduct a review of performance under this Agreement to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and that the project is proceeding in a timely manner to buildout. If the Collier County Board of Commissioners finds, after consultation with the District, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, or that the construction of the Town of AYt_NJad&_L%_uot_j3roceeding in a substantially timely manner to m out, the Agreement may be modified or terminated by agreement of the parties. substantially timely manner, as used herein, s a maanWt de a opment is proceeding in a manner that buildout of the amount of development authorized by the DRI Development Order could rationally be expected on or before the termination date of the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved for public facilities will be released, and made available for other development in the area, with future development of the Town of Ave Maria on an equal footing with all other development as to compliance with the County's concurrency requirements. 4 I eA OR: 3802 PG: 2552 8. If the Collier County Board of Commissioners finds that good faith compliance with the terms of this Agreement has been demonstrated, and that the construction of the Town of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall continue to reserve the remaining unused capacity through buildout of the construction of the Town of Ave Maria, to be utilized in the same manner as described in paragraph 7 above. 9. This Agreement does not create or contain any vested rights for the District or the Developer. This Agreement is personal to the District, and may not be assigned, either in whole or in part. The District's sole obligation pursuant to this Agreement is to give County written assurance when requested that any final local development order sought is contemplated by the final approved DRI Development Order. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. co 11. The duration of t ' en s so long as the District, or its successor -in- function, is functio or in existence. e�riv' e, this Agreement shall only be amended or terminated by the arti on mutual wri en agreement. 12. This Agreem i County, Florida, within fo ei shall pay all costs of recor provided to District within 1 13. This Agreemer agreement under the Florida G s r Official Records of Collier 1) ys a er e t s i to this Agreement. District t co f ecorded document will be ld s o recor ation. i 1 not be cons a acterized as a development )v Development nt Act. 14. The parties specifically�`a` get `that the Collier County Subdivision Regulations, the Collier County Building Codes, the Collier County Land Development Code, all as amended, and their successors -in- function, are "governmental, planning, environmental and land development regulation," and will be so recognized in light of any future analysis of Chapter 2004 -461, Laws of Florida (2004). 15. The parties confirm, agree and acknowledge that the Town of Ave Maria's SRA Development Document and Collier County's Growth Management Plan, Land Development and Building Codes, all as amended, and their successors and function, will and shall control development within the District in accordance with the provisions of Chapter 2004 -461, Laws of Florida (2004). 16. District acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 5 OR: 3802 PG: 232 A 17. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties intend that the terms, and conditions and provisions of this Agreement and any addenda to it may only be amended or modified in writing, executed duly and validly by the parties in a timely and reasonable manner. Any waiver at any time by either party hereto of its rights with respect to any matter arising in connection with the Agreement shall not be considered a waiver of such rights or matters by either party at any subsequent time. This Agreement shall take effect on the date above written and shall continue in effect until the parties mutually determine that it is no longer needed or until termination pursuant to the terms hereof. 19. This Agreement and the co ents herein shall become effective when the DRI Development Order, SRA design ' �-� Ave Maria and ACOE permit for the Town of Ave Maria become final e. f Ave Maria DRI or SRA do not become final, or the ACOE p i r the Town of A a is not received and become effective before December 31,!200 ,eementanid al bli ations hereunder shall be null and void. / 20. Under Sectio 1 3. 1(6 (7 ,S e a ee that administration of this Agreement, including any i i pro d e T all be effected jointly by the County Manager or his desi an d the District M ger f signee with periodic reports to both boards. Written not and when app r e s given to the parties at the following addresses or such oth ' on or place as each �} 11 designate by similar notice. i As to the District: Peter I ger Special Dis ` C. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 As to the County: James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 (Remainder of Page Left Intentionally Blank) Z OR: 3802 PG: 2554 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest:. DWIGHT �F.-BAN ,'Clerk pfi , By; < • �t't�it 0•' � rt V Attest: )!Z� , Assistant District S etar T-'> . 1011, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, C By: W. C4erk FRED W. COYLE, Chairman ARDSHIP COMMUNITY 1 1 1 {DU 11 1 C I to STATE OF FLORIDA COUNTY OF LEON of Supervisors and legal sufficiency Acknowledged and executed before me this 10t day of May, 20 by Kenza van Assenderp. Notary Public 7 -, Sunda W. Parrett ,._ Commission #t DD361834 Expires October 29, 2008 OoWW Tay fik • ft a WA Mw M 0M0 FGA HS1 OR: 3802 PG: 2 *5 „ „ „ „ „ W� „ „ HSA „ „ „ wRA O ; O a >r m s m D 7 HSA ,,� 0 n ----- ---- -'-------- � DRI LAND USE SUMMARY ----------------- - -- O I! WELL --- ROAD --- -- ----- u ----- -------- --- -+�- " "- "- ""' - -- n IMRI UNIVERSITY lSCHOOLS 909 AC n ED RESIDENTIAL 2,921 AC u i Y MOQED USE 329 AC OFFSITE RLSA DESIGNATIONS 11 11 #�. COMMUNITY FACILITY 211 AC ® RLSA FLOW WAY STEWARDSHIP AREA it WEnAND PRESERVE RLSA WATER RETENTION AREA - PARK 02 AC 0/ AC HSA RLSA HABITAT STEWARDSHIP AREA ® LAKE PARKS O RLSA OPEN n 176 AC ® ROADWAYS 242 AC ii DRI BOUNDARY 4.995 AC � � 'r! GRAPHIC SCKE "= MAP H CID s Ii - MASTER DMUIPMENTPLAN ww ` ' * : J i 7 s TOWN OF AVE MARIA ;.�• — N : € a . :A PREPARED FOR: NEW TOWN DEVELOPMENT, LLLP 4 A -! atifti - > [ I 1,1 ✓ s —1 raven • V � ✓ I V 1 11 3 ►t d y �b �rp d� l=J y d \l I -o R� V4 s L S. ).-q Cl) V F- q y N 0 0 al a 11 r r� x� dd \l I -o R� V4 s L S. ).-q Cl) V F- q y N 0 0 al a 11 r f � �` � ID f , 44-) t uc 12A EXHIBIT C ^\ l THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ACTIVITY The Town of Ave Maria DRI was approved with two development phas . The first phase wi I conclude in 2011. The information below shows development activity t rough June 15, 2010. Land Use Type yp tructed This Unit of Measure onstructed to Period' EReporting a $ � Residential Units wellin Units Dwellin Units 376 Dwells Units „v Commercial 47,709 Scivare Feet Square Feet 17 , eetz y, Institutional/University 3 buildincis University Facility Building s 9 buildin s3 Amenities Y Recreation/Open Space 0 4 Amenities4 Notes: 1. The reporting period for this Monitoring Report is June 15, 2008 through June 15, 2010. 2. The previous Monitoring Report (July 29, 2006 - June 15, 2008) mistakenly reported 126,071 square feet of commercial land use constructed to date. This number should have been 127,791 square feet. The 1,720 square feet difference has been included in this reporting period. [127,791 square feet (revised square footage from previous report) + 47,709 square feet (this reporting period) = 175,500 square feet]. 3. Spring 2010 student enrollment at Ave Maria University was 658. 4. Amenities include South Sports Park, North Sports Park, Tennis /Aquatic Park and one Golf Course. kA, 12A TRANSPORTATION PROJECT§ WITNIN ROAD IMPADT FEE DISTRIOTS ®:„.....___._________. _RRCLIE0CTA:9,os.477=PROEGT-144.4E ---,-...,, i •.-. . --.-.--I eioci soOetote FYI Co*dGP14\4(y), .1 60006 Gatlin Gat 1.14WY Oter.as r.: owl a 1••••flaek..Rcl(C.R951-434, SI 60027 Golden Gale PMW P.0ga.4.9.11d-.1fasv) 1 60.0 Gotta Gat ea.cnii5o0 Blvd,Einalo el./ so344 Oi Atli Rd(kantkalet Fad,dot-Witt:1j sou. Rai em gmmolatlee Rd-biartaittd) soon tatiO!km(Rain'N.az,s14-'— ! W.91 *..0 Barna,*60.4.4A .1 Evot ciu'iiiitiiin pa unit...4 ao \\II , 06106 km1,13.:•-4,v•o*orq 60111- tat litlia Rd Qskaa..V74,,-.9,e.N.6, 60116 LtS41 6 CR951 _yoraatmeatl .34 Gaockit Flank fail4- Wall TM N'). .. ,-.46.B.4(1T.".°AfaC..' !,d) 601. tutetitgarrart**Wiiitit# \'S t 60177 Irnmoiratt175Loi rs' \1.. 62071 Livingston Fid(Taft12,1aroSEIA ii: N..., 62061 Santa e..N.,re skm 03,41, ,t.,•er,1,,,,,q 6.41 .Iden Gat Blvd(G19.A t. Btalk ! ... 6.51 Vandeitat B..Rd'Apore'Firk*S•0, IVA12 ,.....e.Ns11-.),,g i) ■,, i ,, 1.6a...,,c1(17,,C.ffinIA ettt R.9at'i 61,4 BMA rk.44.119.....Nc.O.Sq.9...FM59#.1aW, *(.4 *.iiieleliv*w_gug4 I , ■ a \ I :11 ill •i II ib —I I. i 1! • ' I i; I ' I 1 I ' .ea il BEEEll CPU. ...MOM . i I I cf■eso _... • .---..._ i. •2 j I I ' Jo o , i 34 , i 1 1 ....1.1. a . . I E.. ,.. 1 .-,.= • 1, At.O1,z -,, .„ 0 ooze.Ott Otalaw Reitt000tt t I tatat c' '- 1 il L_SALL29_ coat ote cant \ : .0...7\ i 1. pnize6teeps. \. -- ___ sot2tall. • ZZ'--- 11-:j..'tittati:!1' ......:'‘,.0‘.7 I ! / /zN _ . \..'" 1 i ! i . 5 i 0 i ■ ...., I 0 i --' .4ect nom NS, ....N. ! .,„ % -,.. 1 i .. '--..... i m: .2 5 1 N i .e 1 I .. —_ .. i l'i Ili .,..... t V,4i■,,./ g ...,- Lege"-0 fi9.ill(Tf!fgt fqq.l;*10..c.i.,.. L__. CI? _ M 4 =§ r. MT >1(_PrOgt..?wITS. Ci) A......,1*.e...i.:P,P 9.,mme_ts1",..if,A .,..ii.eptIloy,P,PITir Q 1,0 3 6 1 M111111111211IMM____ MilV§ , ____ — OR; 3802 PG; 2556 u E kj -vv--,2.,w LA't v't 0- *A- 'rn '�;v i 12A Table 21 -1 Development Parameters �---__ One Su Two Sub Tota Total Measurement (2006- (2012- Final Land Use Description Units ;9!U-- 2016) Total Residential Dwelling Units Ir 6,010 4,990 11,000 Assisted Living Facilities Beds 0 450 450 Retail, Entertainment, Service Square Feet 367,900 322,100 690,000 Professional Office (General /Medical/Financial, etc.) Square Feet 276,600 233,400 510,000 Civic/Community/Miscellaneous (1) Square Feet 115,500 33,000 148,500 Medical Facilities Square Feet 15,000 20,000 35,000 Hotel 110 290 aoo University .-` • � ' Studer ' 3,150 2,850 6,000 K -12 Schools (Private and Public) (2)-% Students 1,120 1,980 3.100 E C1. O O O O OA E 0 A A OH O tn pH A W O O -0- m pN OH O 0 . 0 0 0 0 0 00 H O Ol In N H H H V l 0 00 A 0 H Ol H W Ig n V W Ol V 00 w 0 0 o O< _$ a z ° m v a�� P @ z o •< v P 6'a a. iQ � a .°e c 3 g' n o 0J A � C W N vi N 0p H A N 00 W O W w W A OD H A H lD H 01 H N N Ol A O `w H H H W w x W O O m A 00 01 O N N W Ln In 00 N A Ln �-' 0 0 co N A K Ul tD A In 'P V 00 In 01 Oo N H In N N I Ol V H �0 A O N C0 V ��-` Ol V In A IO v A ��-' Ol �D 01 In N �D N O In 01 N w V H N H 0 A W Oo > In O1 N V A W V W Q1 O A H V 00 at 00 00 00 O w N M W m 01 w 01 w O O LO Ln 01 H F+ W O W N ID V A 01 O H V1 H O 01 O1 V H 00 V H A w W O VV {A U3 A V lD O W N V 00 lD O W W ON ID 00 N A W V V N 0 lD 0 O 010 W . IO N V A A VOi 0 Ln 0Oi OW0 OO1 N O O W N In 0 0 01 O 3 a 2 � T d V N A H `D V A 01 W N H N G 0) N A V V N W N Ln lNn n W H O In 001 A 0001 V Ol `D O 00 N H H O O N W- W 00 00 V �D A N iD in w t0 N to H O O 01 w V O ID N O w 00 01 H U1 O 00 co co 91 A 00 In p O W O A 01 O H N O O IO 00 O V A 01 00 O1 W �-' w 00 iD A 00 In V V 1-+ Un In O A O 0 O 1- IN 'D 00 w W O N O H W A 0 O W O N W A 3 v d m — m W Q 01 H N O A 0 V V .n O O A Ol N W 01 A w ID W ? V 00 W A N V V O — .n. T < 0 W 0 D7 V 01 A N A O 00 `O W V V O 01 U1 H A N F+ J W V N L!" F+ W O A lD Ol Ln A 01 01 N 00 W O In N Q7 p O 0 O lI V O W Ln N w W Op A W 00 O In O 00 V O V8 /+ O ID O 3 a � � T m 4 M 0 G In V Fa V ID lHn W N Ul .i 00 In N O O O 00 w op In O 0) 0 00 lD V O A p N W H Ol 01 01 W I V O 3 a D T m O1 N 01 H H `p H W G p N p 0 W V 00 F T N 0 l d0pp O O H UI O1 �D u P N In H w O m j J O A O4 A X 0 0- O A O O LU N O O 00 N OD 00 O O 3 a n � m N O 'a) N _ N to b hi O O Ln 1 A O O 0 3 n a C T 0� A N A O1 W A N O W V V Ln 0 00 0p(nop H lAl1 Ln LM �»' t � o 00 W N A l D N 0O0D N : I W 90 L a W D H Ln qO A A A1w N W p N O tAD ; 1,00 co A W A O1 A ID A V O O 3 a n � T m d to O N °m � Ln N A ? I 00 O ITEM #: -? " BCC DATE: ` 12A BY: c� � ; ►,�,�� „a �, . - 3611186 OR: 3802 PG: 1557 uc F11 299.00 1 k 91CORDED in the OFFICIAL RICORDS of COLLIII COONfl, FL COHIS 35.00 IRTIROFFICI 411 FLOOR 05/19/2005 at 09:53AX DWIGHT 1. BROCI, CL111 IM 8406 DEVELOPER CONTRIBUTION AGREEMENT AVE MARIA THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement ") is made and entered into this Z.(w4A, day of April, 2005, by and between AVE MARIA DEVELOPMENT, 1� LLLP, a limited liability Florida Limited Partnership, formerly known as New Town Development, LLLP ( "Developer ") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ( "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ') was created and established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625, effective June 17, 2004; and WHEREAS, within the available approximately 905 4 operation of a private uni)►`e: undergraduate, graduate, and(pr activities, benefits and prkra southwest Florida, the Statefof F f ! J V RC 11 0 `Marron Collier Company has made the Ave Maria NAY, Inc. for the institution and ems, as ��S�r Ave Man U versity with a full slate of a c ultural, recreational, and other rP 17�se , ch, and public services to a WHEREAS, as set` in the February 005 `�Re endations of the Southwest Florida Regional Planning C Development of opia act Assessment for the "Town of Ave Maria," DRI #07 -0304' Oere is to be create 95 -acre Town of Ave Maria, to be located just north of Oil We Lend adjacent Keais, which proposed Town at buildout will include 11,000 residettttalr (w ouse an estimated 24,200 residents, 690,000 gross square feet of retaiUservic1$ square feet of office, 400 hotel rooms a 6,000 - student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laning of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of Immokalee, Developer has agreed: (1) to donate certain right -of -way and other consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of 8 12A OR. 3802 PG. . 2558 WHEREAS, in addition to the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County, and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Immokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road contemplated hereby; r s °` ".__ -� ;I Cl IA WHEREAS, the Transpif'Administrator has Commissioners that the plan f r d set forth in this conformity with contemplat p nt d ditio, network and that it will be adv right -of -way described herein; an(d r 1 WHEREAS, after rea��n conside tra ion`by authorized the County Attornefj� repare this Agree a. The subject Pro 2 J Po is in conf, and additions to the bN t� ien—Al ;ended to the Board of County ent ( "Proposed Plan") is in to \the County's transportation tper�to donate and contribute the Z ;sioners, the Board has finding that: the contemplated improvements b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the County's existing Comprehensive Plan; d. Except for the right -of -way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five -year capital improvement program for the County's transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement: Page 2 of 8 OR: 3802 PG: 2559 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: I . Within 90 days from the effective date of this Agreement, Developer will convey the right -of -way legally described and graphically depicted in Composite Exhibit "A" ( "Donated Land ") to the County for the widening of the road segments. This conveyance shall be at no cost to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide corridor for said road segments and will allow reconfiguration of the intersection of the Camp Keais and Immokalee Roads. Developer shall convey the Donated Land to the County in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed, the form of which is attached hereto as Exhibit `B ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, enc a� so iencies revealed in any title work. Developer will promptly provide dRAttorney with an executed deed, suitable for recording. Upon rem; a County all re deed in the Public Records of the County. The Developer shall costs associate wi the recordation of the deeds. Once Camp Keais Road betwoen R an it We Ro has been improved and the intersection of Camp Keais I d in six lane configuration, r County agrees to abandon aiky a is ng t- f- a t w1exioting Camp Keais Road and Immokalee Road that will n t, ti said intersection. c. - eais Road in the vicinity of �• �� 2• The Donated compasses approrx '+ e,�y156 acres miles of road frontage) whose s � (approximately 13 P dt , ludes creatin g -�oot right -of -way along Oil Well Road, Camp Keais Road and Immok n f - tersection of Camp Keais Road into the Immokalee urban area. Developer estiittates imated current value of the road right -of -way donation at seven million, eight hundred thousand ($7,800,000) dollars. In ad�id t on to the Donated Land, for the purpose of providing sufficient stormwater drainage for the portion of the road segments adjoining the Donated Land, the Developer shall freely provide, at no cost to the County and without any impact fee credits, (1) at least 3 acres of suitable land per mile of road, or (2) will accept such stormwater into existing Developer -owned or controlled stormwater systems, or (3) a proportionate combination of the above at Developer's option. It is estimated that if the County had to mitigate stormwater for said road adjacent to the Donated Land, it would be required to acquire approximately 33 acres. Developer estimates the cost savings to the County of said stormwater mitigation to be approximately $1,500,000. The parties acknowledge that the conveyance of the Donated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 3. The Developer shall fully pay for the capital costs of traffic signals at any access point from the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted Page 3 of 8 12A OR: 3802 PG: 2561 2 by the Collier County Transportation Department. The signals will be owned, operated and maintained by Collier County. 4. The parties acknowledge that the land donation made pursuant to this Developer Contribution Agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 5. The Developer has agreed not to receive impact fee credits from its donation of the Donated Land, but is utilizing the donation, as well as the stormwater accommodation, the Fill and Design and Permitting as a pipelining effort to mitigate the impacts of the Town of Ave Maria on the transportation network impacted by the Town of Ave Maria, together with the other commitments herein. 6. Prior to providing the executed deed, Developer will provide attorneys' opinions identifying the record owners of the Donated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Donated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, e R T N7� 1 rance, and cite appropriate recording information and incorporate by kl ch referenced instruments. The attorneys' opinions will also sthe legal autho ' Paul Marinelli to execute this Agreement on behalf of the De*elorie�,..-- ..___ 7. Developer h4 a Co 4nty, without any impact fees credits, sufficient fill for the{ Pr e an r h' d sag four laning of Camp Keais Road with provision for sii r i Ro kalee Road, then north on Immokalee Road to the ex in four lane sectio in t e ` ` alee urban area, upon the following terms and conditio' s eveloper has ide ` acent to Oil would be an appropriate site fr 'ch to obtain the ne a 11 for the Project;Vthe Road it being described and depicted in Co s xhibtt C '�e 'Per will file a conditional use application for earth mining on th , sik f ��itional use application is Developer will provide fill on the site for aPp granted, `t of its cost. Cost shall include the costs of obtaining conditional use approval, permitting, mining, stockpiling and loading of the fill material. Fill for the improvements to Camp Keais Road will be provided from an expansion of the site identified in Composite Exhibit "C" or from another location fairly proximate to Camp Keais Road, subject to conditional use approval for either alternative. Developer estimates the cost savings to the County from this provision is approximately $11 million. This commitment shall expire if the Town of Ave Maria achieves buildout prior to the expansion of Camp Keais Road. 8. In order to accelerate the Project, Developer has agreed to pay for the cost of design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars, which amounts shall be eligible for transportation impact fees as set forth below. Any mitigation shall be part of the construction contract and not part of design and permitting. Developer will provide County with a set of Design Plans which must meet the County's standard requirements for design plans. County will be provided with 30/60/90/100% plans for review, and shall have the right to require public meetings for the 30/60/90% plans. All plans are subject to approval by Page 4of8 OR: 3802 PG: 256 2Q the County, which approval shall not be unreasonably withheld or delayed. Upon receipt of the final Design Plans, County will competitively bid out the Project. 9. Once the County has received final Design Plans and all necessary permits pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project as soon as practicable, but within six (6) months, assuming no bid protest and absent force majeur. The contract shall provide for the Project to be constructed in three phases as set forth below. The County commits that construction of the First and Second Phase will commence within a commercially reasonably time after award of the contract. (a) First Phase — Immokalee Road to Everglades Blvd, more or less (b) Second Phase — Camp Keais Road to Camp Keais Strand, more or less (c) Third Phase — completion of the Project The Developer commits that its road impact fees through 2007 will equal $6,500,000. After the payment of $6,500,000 of road ---- f I veloper may utilize impact fee credits for 50% of road impact fees due & are utilized. The County commits to construct the Third Phase u o� p rf ,} lent impact fees applicable Impact Fee Districts being available for said cons ctio0 d impact fees m istrict 5 and adjoining Impact Fee Districts shall be prioriti f¢r t ect fter necess ds to complete the existing Immokalee Road project. The C to omplete construction of the Project by 2010, subject to ifs ra d im ct fe s c r i g s j�bstantially intact, receipt of sufficient road impact fees, a' a s b ers t i llki'iee�sidered to be force majeur. 10. The parties are ful of obtaining fr rr�`'t- /&ate of Florida to assist with improvements to the Road Se , whether in the - ants or loans from the State -$r Infrastructure Bank. Developer a e sist CounXioping grant and loan applications and to use all reasonable efforts too �° rlgssist in paying for improvements to the Road Segments. 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 12. The credit for the Road Impact Fees identified in this Agreement shall run with the land identified in Exhibit "D" and shall be reduced by the entire amount of the Impact Fee for that Public Facility due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that Public Facility in effect at the time the Building Permit is applied for. The credit shall specify the specific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Page 5 of 8 OR: 3802 PG: 2561 2A 13. The amount of road impact fee credits to be granted under this Agreement is approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit "E ", in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth the amount of Road Impact Fee Credits granted pursuant to this Agreement, which will be adjusted based on final costs for design and permitting. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 15. The terms of this Agreement are intended, along with the payment of all applicable impact fees, to meet the requirements of Section 9J 2.045, Florida Administrative Code, including fulfilling the Developer's proportionate share obligation and providing full mitigation for the Town of Ave Maria impacts on the regional road network. Developer's commitments herein include " Pipelining" the construction of a critical link in the County's road network; and providing additional cost saving benefits to future road segments impacted by the Town of Ave Maria. CO 16. The i elinin o *� P p g an approved fob 'tigation which provides for the aggregation of a project's in re acts on a n er f roadways, resulting in an improvement on one (or mor of he ' ted o a Thi coi ept allows for the provision �� P of roadway capacity, when i� mi ; lough pipelining, a roadway improvement is constructed, f bui i g t ap ci t ant on concunency. In order to facilitate the use of the pipe *P o i i case a es ' ajor roadway improvement to be constructed in advance 4f a Project's impac and in to ensure a consistent road impact fee revenue stream, t unty is entering i al Agreement with the Ave Maria Stewardship Commum ct ( "District") w e County will reserve to the District sufficient capacity on the 's road public; to complete the buildout of the Town of Ave Maria. 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 19. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier Page 6 of 8 OR: 3802 PG: 25d 2A County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 23. This Agreement and thµi T rein shall become effective when the DRI Development Order, SRA d Ave Maria and Army Corps of Engineers permit for the Tow . Maria become i 1 effective. If the Town of Ave Maria DRI or SRA do not bec�me e ACOE perm for the Town of Ave Maria is not received and become effective b�for em r 06, t 's Agreement and all obligations hereunder shall be null and/vol' lopier will retain the estimated 1 $6,000,000 in impact fee cre its ec iv i e c4 r e ign; Plans and Permitting which impact fee credits may be uti * IN WITNESS WHER the parties hereto qau /is Agreement to be executed by their appropriate offcials, as date first above; , Attest: TY COMMISSIONERS DWIGH��I .* ferk OUNTY, FLORIDA, By. - � By. W y �l'Clerk FRED W. COYLE, Chairm AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Barron Collier 5orporation ® Gen P By: Print Name: Paul Marinelli • Title: President Print Name: Page 7 of 8 OR: 3802 PG: 254 2A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1(�kday of SAY , 2005, by Paul Marinelli, as i� of Ave Maria Development, LLLP. He is [ Vfpersonally known to me, or [ ] has produced driver's license no. as identification. NOTARY PLBUC•STATE OF FLORIDA Trisha A. Akers (SEAL) Commission #DD39Zi98 *Expires, FEB. 10, V; ;'9 Bonded Tbru Adaatie Bonding Co., Inc. and legal sufficiency: Assistant County Attorney NOTARY PA& A. AIMRS Name: (Type or Print) My Commission Expires: FE$ t0, 2 to f ! ti Page 8 of 8 3 �y � � 1 OW OR: 3802 PG: 255 214 w;,:,. .. . , , , _ A,,,, . 1 ... __ . , .:„. . . . ._ _ . .*,) PU s!lomiluie --2 p ' 7 X`.y • - ......it7. ....---... _ ., , :jig X _ x IV = 1 INN W y I l• I : ` 4-•+:'„ _y;„*.;,-„:1,..•u. a :Y=T�-=' ... f. `�• l i 1,ijg•S pUrS.1a:\:.I .. *y;.- 4--- . r- -- ——__.L -- 4 - it = --!.,. ._ h~. ;� t. to 11 -s� '• 1. k....:, 411 y � •t-' : . 111 I'1 r_ - _ J 4 Ilif .• .3: i 1 _ v A _ I R UH' a < m A Z Ilix PRIX u y PH o �N .R C'C (( r OR: 3802 PG: 2566 ri N —rrrr O V cry (n Z cn Z Z 00000000 co 00000000 (3 co co wq NIw) r(0w I' NS 000 rcpw U rVr W CA r�r'' W rVr •I• W ww�'' ,V r1lI'riI:::EIrriI4E I::::,; rn IMMOKALEE ROAD N00004 I Hi + R ;1 i L 1OW Z 3, 65,Pp !. N G1 ^jam. ,T � ._ •�.. ��,rr�' N ` CA to VC-) �Cl)r tn 2 H- O sp 11'09"E 26)28.12 co n 1 O � n Cl) � O � Cn S00'04 1315. vo°iooa 00000000 c.ro 000 rn IMMOKALEE ROAD N00004 I Hi + R ;1 i L 1OW Z 3, 65,Pp !. N G1 ^jam. ,T � ._ •�.. ��,rr�' N ` CA to VC-) �Cl)r tn 2 H- O sp 11'09"E 26)28.12 co n 1 O � n Cl) � O � Cn S00'04 1315. OR: 3802 PG: 2567 1 2A - r n r A r r Z �zzz 3 00 co n (J; Ui tZ n N3 n tv (n � Z 0) C)W r I rri r r'1 J V V V O o o O O o O O O n O O o nl 00' RIGHT "W N00004'09 "W W V V � OF WA / r---n NO -1 lfl W _ an C) to 19 :'El S00.04'09 " 1' E �' �26' I ` 4' 1256.00' r v �, 14 coo n _ n~ N °n � o rn 0 0 rn if SCALE: 1" = 1000' 1 0 o. 8 L r •i L 0 O O O Z_1 O 0 a i x'10 • �Z A r��v 1) r o '�i� o x 4 Z N �j a r r r a 3802 PG; 2568 o � 0 0 cn to o� ' o n 22� n 2 =�0 00 N N n1 v1 ' A to 0;0 $ N V a A. '\ r��v 1) r o '�i� o x 4 Z N �j a r r r a 3802 PG; 2568 .Ia V ilia Al A O r Y M 9 AIWAT2 Cr C R I` c~ • PARCEL 3 80.34 ACRES ! (AVE MAR�iI UNIVERSITY LAN MOST, LLQ) AYM -10 1HOJd .08 OV08 SVWf dW o � 0 0 cn to rn ' o n n r N W .Ia V ilia Al A O r Y M 9 AIWAT2 Cr C R I` c~ • PARCEL 3 80.34 ACRES ! (AVE MAR�iI UNIVERSITY LAN MOST, LLQ) AYM -10 1HOJd .08 OV08 SVWf dW 0 � � v On � � r �• N n y�O V oo� O N T T -_ T T- 1 � VI On co to �• N n Jn �N O N T T -_ T T- 1 � T T T T VI d N v �0 es AA a OR-3807 BG: ? 569 1 2 A . T T• T T T T -_ T T- T T T T T T 7 T T T 1 f 11 I d N v �0 es AA a OR-3807 BG: ? 569 1 2 A 0 �On �r � O D �1 Q C N v µ N.3 N 1� . 1 11 I El Z 0 �On �r � O D �1 Q C N v µ N.3 N 1� . 1 11 I 0 �On �r � O D �1 Q C N v µ N.3 N OR; 3802 PG. 2510 1 2 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED THIS WARRANTY DEED made this day of 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains; 'ens, remises, releases, conveys and confirms unto the Grantee, all th N Collier County, Florida, to wit: it � �. See Attached Exh' if`"0 Fil which is incorpora d orein by reference. Subject to ea ements, reslr' s an reseryati�ns of record. This is O tt e' e f �rantor. TOGETHER with a Fffi tenements, her, ita eniI l d appurtenances thereto belonging or in anywise ap ing.� TO HAVE AND TO HOL `sa a in fe - forever. (11, $V'C', AND the Grantor hereby covenarits vvitfr said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) I)A kil "I \k By: [GRANTOR NAME] OR: 3802 PG: 2571 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WITNESSES: (Signature) _ By: �! C ()j � , \ [GRANTOR NAME] (Print Full Name) '7' (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WARRANTY DEED 12A _u m o LAJ C*4 40 , jpz,9z9l OR; 3902 PG: 2572 2 co -H LLJ--i (Z) c) c6 3-6Z -d 'S-9*-1 .00C t :37VOS Z N 06. o LAJ C*4 40 , jpz,9z9l OR; 3902 PG: 2572 2 co -H LLJ--i (Z) c) c6 3-6Z -d 'S-9*-1 Cj 0 J �.I a Z J O 0 0 J 4.1 �o oW ZZ S 3 W � "10.00S w O Fi m co Q: V_ co 0P',IO.00N _( 0 0 0 h M W) w O Q cr- 0 J W J 0 N N O O h 01 0o h (. a' DO w O U Z a3o v1 OR; 3802 PG; 2573 a s p Ji aaa a XA 4"IF n n N W � 1 i 2A b g a I S ^ ! h m N W a O� ffl R a : 2 V) 0 1 i 2A b g a I S a O� lit R Lam\ WNS097miller 0 New Direcam In Planning, Design 6 Engineering OR, 3802 PG. 25741 DESCRIPTION OF PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (28.00 ACRES ±) All that part of Section 18, Township 48 South, Range 29 East, Collier County, Florida being more particularly described as follows: Commencing at the southwest corner of Section 18, Township 48 South, Range 29 East, Collier County, Florida; Thence along the south line of said Section 18 North 88 056'28" East 589.02 feet; Thence leaving said south line North 01 003'32" West 150.00 feet to a point 100 feet north of and parallel with the north line of Oil Well Road (100 foot Right of Way) and the POINT OF BEGINNING; Thence North 00 °01'40" East 1,626.24 feet; Thence North 88 056'28" East 750.13 feet; Thence South 00 °01'40" West 1,626.24 feet to a point on a line 100 feet north of and parallel with the north Right of Way line of the aforementione Thence along said line South 88 °56'28 " -Me'1 I<� �# o�,� Containing 28.00 acres, more or I Subject to easements and restri9tion4 re Bearings are based on the sou lino e Florida being North 88 °56'28" Last, and Lan 1 -ka `- • � ��r r ,G9 T kger`,,P.S•M., L.S 1 Not vale uniess embossed with the REF. 2H92 W.O.: 03786 -010-002 Date: 3 -08-05 EM11V C-2 NT OF BEGINNING. 48 8�uth� Range 29 East, Collier County, l ' I �r 3 -08 -05 Date 011/ces stratey/celly located to serve our clients 800.649.4336 MapIOWCoiporate Office 32Li? Bailey Lane• Suite 2170 • Alaotes, RO ida 34105 . 23.9 64,9 4M - Fax 239 605716 142„ VW OW GLAND Wilson/ /lei com CAMO wreso+000z- - o WlhonMlNlr,rnc. — FL Lie.,, LC- C000170 Exhibit "19" SKETCH & DESCRIPTION FOR THE AVE MARIA DRI LANDS c CA OR: 3802 PG: 2575 12A Wilsoommier 0 New Directions In Pfamog, Design d &►pMnw*v OR: 3802 PG: 2576 12A - D.R.I. LANDS DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: THENCE NORTH 01 °04'07" WEST 150.00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF-WAY) SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88 °5TO6" WEST 354.33 FEET; THENCE LEAVING SAID LINE NORTH 01 °OT23" WEST 200.01 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD; THENCE ALONG SAID LINE SOUTH 88 °5TO5" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88 °55'37' WEST 1,128.15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89 °32'56" WEST 1286.63FEET; THENCE LEAVING SAID LINE NORTH 00 °27'04" WEST 1,089.55 FEET; THENCE SOUTH 89'32'56" WEST 242.19 FEET,--__..._ THENCE SOUTH 89 °24'19" WEST 39 co THENCE NORTH 00 °01'40' EAST THENCE NORTH 90 °00'00" EA S FEET; THENCE NORTH 00 °19'38" W f.9 .46 FEET; THENCE NORTH 09 °2T58' OST ti THENCE NORTH 14 °56'15" PPANS 32 THENCE NORTH 59 °02'49 /EA 24.49 F THENCE NORTH 68 °12'251 EA THENCE NORTH 73 °0954 EA 2.4 T , THENCE NORTH 69 "14'09 .1 ' THENCE NORTH 61 °11'58 THENCE NORTH 56 °44'10 80.38 FEET; jf THENCE NORTH 54 °18'17" 82.75 FEET; i r THENCE NORTH 51 03419" 2.31 FEET; THENCE NORTH 12 °32'03" EA _60. FEET; THENCE NORTH 16 °41'34" WE I EET; THENCE NORTH 38 °40'18" WEST 2'7 'N' ? =' THENCE NORTH 55 °5845" WEST 175. THENCE NORTH 78 °14'12" WEST 46.21 FE ; THENCE SOUTH 86 0411 T' WEST 358.77 FEET; THENCE NORTH 43 °16'35" WEST 44.00 FEET; THENCE NORTH 01 °2853" WEST 584.34 FEET; THENCE NORTH 88 °45'30" EAST 2,256.99 FEET; THENCE NORTH 11 °31'40' WEST 679.82 FEET; THENCE NORTH 29 °5T19" EAST 43.24 FEET; THENCE NORTH 80 °03'11" EAST 750.96 FEET; THENCE NORTH 82 °05'14" EAST 23.32 FEET; THENCE NORTH 08 °45'48" WEST 831.15 FEET; THENCE 82.76 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36 °53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23 °30'23" EAST 81.34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39 °4843" SUBTENDED BY A CHORD WHICH BEARS NORTH 22 °02'37" EAST 146.95 FEET; THENCE NORTH 02 °08'16" EAST 434.86 FEET; THENCE NORTH 38 °40'13" EAST 124.61 FEET; THENCE NORTH 23 °55'58" EAST 503.82 FEET; THENCE NORTH 89 °19'06" EAST 272.53 FEET; THENCE NORTH 81 °1942" EAST 718.98 FEET; O/ /Ices strategically located to serve our clients 800.649.4896 NaplezlVoMorste Wice 3200 Bailey Lane, Salle 2W • A*ft, Florida 34105 " 239.649.4040 • Fax 239.64? 5716 2RSY200i 127230 Vr. 03!- BSTOCKHAM C o wilsonmiller cam W /lton/uAgr.1ne. - FL UC.0 LC- 0000170 Wl"Isoolmillere New Directions In Planning, Design & Engmwgng OR: 3802 PG: 25 77 12a DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 09 °56'39" EAST 638.73 FEET; THENCE NORTH 73 °36'58" EAST 172.46 FEET; THENCE NORTH 10 °5322" EAST 171.73 FEET; THENCE 327.51 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68 °OT37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39 °53'35" WEST 308.50 FEET; THENCE NORTH 73 °5T24" WEST 492.85 FEET; THENCE 313.21 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54 °05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90 °00'00' WEST 301.71 FEET; THENCE SOUTH 62 °57"04" WEST 506.32 FEET; THENCE 155.39 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83 001'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27 009'30" WEST 142.15 FEET; THENCE SOUTH 14 °21'16" EAST 287.88 FEET; THENCE 341.14 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1 _ R9UG CENTRAL ANGLE OF 115 °44'01" AND BEING SUBTENDED BY A CH 29 °11'23" WEST 286.03 FEET; THENCE SOUTH 87°03'24" WES THENCE SOUTH 19 °06'00" W 6 FEET; THENCE SOUTH 73 °34'35" WAS 3.81 FEET; \ THENCE SOUTH 33 °42'00 "S 8 �+6 FEES; THENCE SOUTH 51 °52'05" E 1, E THENCE 219.21 FEET ALqlN G - IRC LAIR CURVE CONCAVE SOUTHEAST HAVING A DI 1 ANGLE OF 82 °54'07" AND BEING SUBTENDED BY AICH D WH H B S H '2 WEST 200.58 FEET; THENCE SOUTH 18 °36'35 THENCE 196.86 FEET AL E ARC OF A NON -T GEN IAL LAR CURVE CONCAVE NORTHEAST HAVING A OF 170.73 FEET THR H C ANGLE OF 66 °04'00" AND BEING SUBTENDED BY A C WHICH BEARS SO 3 EAST 186.14 FEET; THENCE SOUTH 81 °34'34" t .10 FEET; f, j THENCE SOUTH 14 °0228" EA 1 FEET; THENCE SOUTH 15 °5324" WES ' THENCE SOUTH 72 °18'08" WEST 13f THENCE NORTH 16 °22'40" WEST 868.64 THENCE NORTH 16 °02'21" WEST 1,001.63 FEET; THENCE NORTH 15 °43'23" WEST 808.63 FEET; THENCE NORTH 14 °29'42" WEST 215.30 FEET; THENCE NORTH 02 °51'21" WEST 51.77 FEET; THENCE NORTH 37 °59'19" EAST 51.77 FEET; THENCE NORTH 58 °24'39" EAST 660.90 FEET; THENCE NORTH 56 °56'25" EAST 865.77 FEET; THENCE NORTH 62 °2T21" EAST 303.89 FEET; THENCE NORTH 58 °11'43" EAST 148.88 FEET; THENCE NORTH 66 °2T20" EAST 99.67 FEET; THENCE NORTH 79 °5944" EAST 60.67 FEET; THENCE NORTH 18 °39'40" EAST 212.96 FEET; THENCE NORTH 13 °26'09" EAST 80.67 FEET; THENCE NORTH 04 °05'14" EAST 65.75 FEET; THENCE NORTH 00 °4728" EAST 593.12 FEET; THENCE NORTH 05 °2940" EAST 61.18 FEET; THENCE NORTH 20 °17"22" EAST 57.43 FEET; THENCE NORTH 51 °55'17" EAST 55.07 FEET; THENCE SOUTH 84 °48'27" EAST 51.76 FEET; THENCE SOUTH 67 °53'53" EAST 40.46 FEET; THENCE SOUTH 53 °37'33" EAST 55.29 FEET; 2FArM00. IM30 yr 03!- WTOCg1AM OR: 3802 PG: 2578 Wilsonmillee New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT A' - D.R.I. LANDS (CONTINUED): THENCE SOUTH 55 °37'37" EAST 158.19 FEET; THENCE SOUTH 66 °28'32" EAST 79.22 FEET; THENCE SOUTH 81'19148" EAST 69.92 FEET; THENCE NORTH 80 °53'08" EAST 96.10 FEET; THENCE NORTH 83 °09'35" EAST 88.49 FEET; THENCE SOUTH 75 °58'08" EAST 57.96 FEET, THENCE SOUTH 45 044'09" EAST 65.43 FEET; THENCE SOUTH 23 °12'23' EAST 107.03 FEET; THENCE SOUTH 31 °09'29" EAST 124.53 FEET; THENCE SOUTH 36 °28'03" EAST 195.13 FEET; THENCE SOUTH 41 °49'01" EAST 193.27 FEET; THENCE SOUTH 41 °2T57" EAST 187.53 FEET; THENCE SOUTH 50 °0628" EAST 177.12 FEET; THENCE NORTH 86 °06'03" EAST 103.33 FEET; THENCE NORTH 82 °07'11' EAST 76.87 FEET; THENCE NORTH 58 °49'02" EAST 61.16 FEET; THENCE NORTH 41 °11'10" EAST 266.09 THENCE NORTH 43 °45'15" EAST 20 . THENCE NORTH 63 °26'06" EAST , THENCE NORTH 55 °12'54" EA -1 , . FEET; THENCE NORTH 06'58'17" W S .07 FEET; THENCE NORTH 60 °20'46" THENCE NORTH 14 °42'46 ",EASY 42. THENCE NORTH 52 °22'08"/EA IF , THENCE NORTH 05 °13'18' EA .0 E , THENCE NORTH 07 °13'16 W T 85.1 THENCE NORTH 08 05650 THENCE NORTH 08 °3526 T 11 F THENCE NORTH 03 °30'28" 24.24 FEET; THENCE NORTH 09 °22'28" 2.62 FEET; THENCE NORTH 32 °03'11" 35 FEET; THENCE NORTH 41 °59'52" EA 5�+. EET; THENCE NORTH 46 °38'59" EAST . _ THENCE NORTH 40 °19'34" EAST 80. THENCE NORTH 39 °30'46" EAST 42.43 �' THENCE NORTH 52 °07'39" EAST 71.16 FEET; THENCE NORTH 60 °1 T11" EAST 55.95 FEET; THENCE NORTH 68 °43'34" EAST 63.02 FEET; THENCE NORTH 86 °12'19" EAST 41.51 FEET; THENCE SOUTH 75 °32'58" EAST 74.98 FEET; THENCE NORTH 78 °55'50" EAST 42.97 FEET; THENCE NORTH 69 °31'07" EAST 36.80 FEET; THENCE NORTH 75 °37'20" EAST 34.34 FEET; THENCE SOUTH 72 °08'39" EAST 57.43 FEET; THENCE SOUTH 56 °52'50" EAST 70.22 FEET; THENCE SOUTH 56 °52'18" EAST 99.31 FEET; THENCE SOUTH 70 °35'59" EAST 56.76 FEET; THENCE SOUTH 85 °12'15" EAST 70.23 FEET; THENCE NORTH 85 °47'37" EAST 52.90 FEET; THENCE NORTH 77 °1618" EAST 51.33 FEET; THENCE NORTH 64 °20'23" EAST 9.49 FEET; THENCE NORTH 23 658'25' EAST 60.47 FEET; THENCE NORTH 39 °27'42" EAST 136.06 FEET; THENCE NORTH 18 °12'03" EAST 123.70 FEET; THENCE NORTH 16 °26'30" WEST 137.54 FEET; THENCE NORTH 45 °55'34" WEST 133.51 FEET; V"2005- 127290 v°r CM_ OSTOCKMAm c°9 037960OD4M • 0 c. +J 12A OR: 3802 PG: 2579 Wi"Isonmillee New Directions In Planning, Design & Engineering 1 2A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT'A'- D.R.I. LANDS (CONTINUED): THENCE NORTH 84 °43'21" WEST 101.26 FEET; THENCE SOUTH 87 °06'53" WEST 375.05 FEET; THENCE SOUTH 86 °31'55" WEST 296.36 FEET; THENCE NORTH 02 °29'11" WEST 25.06 FEET; THENCE SOUTH 85 °19'00" WEST 63.79 FEET; THENCE SOUTH 87 °01'35" WEST 57.73 FEET, THENCE NORTH 85 °14'11" WEST 27.05 FEET; THENCE NORTH 86 °11'09" WEST 22.51 FEET; THENCE NORTH 71 °01'47" WEST 25.34 FEET; THENCE NORTH 74 °5744" WEST 25.97 FEET; THENCE NORTH 80 °42'24" WEST 41.73 FEET; THENCE NORTH 77 °00'19 "WEST 49.95 FEET; THENCE NORTH 78 °26'56" WEST 104.70 FEET; THENCE NORTH 78 °4616" WEST 195.82 FEET; THENCE NORTH 79 °21'51" WEST 81.14 FEET; THENCE NORTH 76 °30'15' WEST 38.50 FEET; THENCE NORTH 70 °33'36" WEST 13.50 THENCE NORTH 53 °58'21" WEST 1. THENCE NORTH 53'58'22" WES THENCE NORTH 43 °09'08" W FEET; THENCE NORTH 34 °52'31" W S .12 FEET; THENCE NORTH 37 °08'48" ES FEET;._, THENCE NORTH 45 °00'00" E 3 '. THENCE NORTH 43 °28'45 WE F THENCE NORTH 52 °29'45 W 0. THENCE NORTH 53 °28'16 W T 5.1 F THENCE NORTH 69'51'49 THENCE NORTH 72 °53'50 T .74 F THENCE NORTH 74 °38'02" 101.72 FEET; THENCE NORTH 76 °25'14" 9.73 FEET; THENCE NORTH 73 °50'34" .41 FEET; THENCE NORTH 77 °16'32" WE FEET; THENCE NORTH 70 044'15" WES THENCE NORTH 75 °44'50" WEST 2 THENCE SOUTH 76 °2229" WEST 54.20 THENCE NORTH 75 °46'41" WEST 12.81 FEET; THENCE NORTH 78 °0645' WEST 243.02 FEET; THENCE SOUTH 87 °32'28" WEST 438.43 FEET; THENCE SOUTH 86 °36'21" WEST 1,109.58 FEET; THENCE NORTH 77 °00'11" WEST 142.86 FEET; THENCE SOUTH 17 °30'03" WEST 10.94 FEET; THENCE SOUTH 21 °30'05" EAST 36.63 FEET; THENCE SOUTH 30 °5750" WEST 6.02 FEET; THENCE NORTH 73 °10'43" WEST 139.18 FEET; THENCE NORTH 11 °46'06' WEST 25.32 FEET; THENCE NORTH 05°42'38" WEST 20.76 FEET; THENCE NORTH 04 °23'55" WEST 13.47 FEET; THENCE NORTH 50 °11'40" WEST 8.07 FEET; THENCE NORTH 83 °59'28" WEST 19.73 FEET; THENCE NORTH 84 °5T27" WEST 35.25 FEET; THENCE NORTH 83 049'48" WEST 38.44 FEET; THENCE NORTH 80 °4423" WEST 96.27 FEET; THENCE NORTH 79 °48'04" WEST 449.12 FEET; THENCE NORTH 77 °49'57" WEST 284.20 FEET; THENCE NORTH 83 °39'35" WEST 93.52 FEET; THENCE NORTH 87 °3946" WEST 101.30 FEET; MOM 127270 v°r O3& asTOCKmm (i OR: 3802 PG: 2580 WilsoMillere 1 2A New DHredims in Planning, Design & Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 84 °25'40" WEST 85.09 FEET; THENCE NORTH 77 °28'16" WEST 95.22 FEET; THENCE NORTH 77 °23'45" WEST 170.38 FEET; THENCE NORTH 7505T50" WEST 76.65 FEET; THENCE NORTH 69 °26'38" WEST 35.30 FEET; THENCE NORTH 69 "48'31" WEST 41.82 FEET, THENCE NORTH 48 °48'50" WEST 43.91 FEET; THENCE NORTH 46 °14'43" WEST 134.40 FEET; THENCE NORTH 43 °58'24" WEST 611.34 FEET; THENCE NORTH 45 °00'00" WEST 338.85 FEET; THENCE NORTH 44 °41'45" WEST 412.62 FEET; THENCE NORTH 43 °26'06" WEST 267.38 FEET; THENCE NORTH 46 °27'29" WEST 200.89 FEET; THENCE NORTH 66 °02'14" EAST 12.72 FEET; THENCE NORTH 81 °52'12" EAST 18.83 FEET; THENCE NORTH 03°20'45" EAST 73.83 FEET; THENCE SOUTH 85 °25'42" WEST 6.48 F THENCE NORTH 90 °00'00" WEST 1 . F THENCE SOUTH 70 °2T48" WES THENCE SOUTH 56 °18'36" W FEET; THENCE SOUTH 75 °5T49" W,ES .03 FEET; THENCE SOUTH 87 °16'25" YVES 1 THENCE NORTH 59 °2958" E 1 T; THENCE NORTH 35 °32'16 WE F THENCE NORTH 26 °33'54 7. THENCE NORTH 16 °11'21 W T 6.6 F THENCE NORTH 01 °52'04 , THENCE NORTH 00 °05'16 T 6.69 F THENCE NORTH 00 °2938" 299.52 FEET; THENCE NORTH 00 °56'29" 0.01 FEET; THENCE NORTH 00 °52'19" -23K.57 FEET; THENCE NORTH 00 °46'52" WE FEET; THENCE NORTH 00 °00'00" EAST F THENCE NORTH 14 °02'10" EAST 8. THENCE NORTH 45 °00'00" EAST 5.84 F THENCE NORTH 71 °33'54" EAST 9.80 FEET; THENCE NORTH 82 024'19" EAST 15.63 FEET; THENCE SOUTH 89 °12'02" EAST 222.07 FEET; THENCE SOUTH 86 °36'31" EAST 69.83 FEET; THENCE SOUTH 82 °38'52" EAST 32.28 FEET; THENCE SOUTH 70 °49'16" EAST 25.15 FEET; THENCE SOUTH 60 °38'32" EAST 18.96 FEET; THENCE SOUTH 62 04441" EAST 38.34 FEET; THENCE SOUTH 73 °08'30" EAST 35.61 FEET; THENCE SOUTH 87 °42'34" EAST 25.84 FEET; THENCE NORTH 86 °18'31" EAST 32.08 FEET; THENCE NORTH 74 °58'54" EAST 43.84 FEET; THENCE NORTH 66 °16'18" EAST 51.33 FEET; THENCE NORTH 56 °01'25" EAST 57.29 FEET; THENCE NORTH 52 °3443" EAST 171.66 FEET; THENCE NORTH 43 °53'54" EAST 75.96 FEET; THENCE NORTH 36 °3T17" EAST 47.61 FEET; THENCE NORTH 35 °48'12" EAST 77.68 FEET; THENCE NORTH 30 °21'29" EAST 83.78 FEET; THENCE NORTH 22 °3T12" EAST 67.13 FEET; THENCE NORTH 13 °36'02" EAST 32.94 FEET; 205=05. 12rM Vw. 001• DSTOCKNAM OW] 07I160060011, - 0 4 F f i NZL, Wilsonmillere New Directions In Planning, Design & Engineering OR: 3802 PG: 251 ZA DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A" - D.R.I. LANDS (CONTINUED): THENCE NORTH 14 °28'13" EAST 66.13 FEET; THENCE NORTH 1005T15" EAST 65.22 FEET; THENCE NORTH 11 "18'36" EAST 21.06 FEET; THENCE NORTH 16 °41'58" EAST 10.78 FEET; THENCE NORTH 45 °00'00" EAST 10.22 FEET; THENCE NORTH 58 23'33" EAST 15.76 FEET; THENCE NORTH 64 °39'14" EAST 21.71 FEET; THENCE NORTH 67'4T47" EAST 163.98 FEET; THENCE NORTH 64 "59'39" EAST 161.25 FEET; THENCE NORTH 66 "22'14" EAST 18.04 FEET; THENCE NORTH 72 053'50" EAST 28.10 FEET; THENCE NORTH 90 °00'00" EAST 14.46 FEET; THENCE NORTH 88 °18'55" EAST 35.13 FEET; THENCE SOUTH 88 "36'10" EAST 42.36 FEET; THENCE NORTH 90 "00'00" EAST 28.92 FEET; THENCE SOUTH 82 °45'47" EAST 16.40 FEET; THENCE SOUTH 61 "55'39" EAST 17.73 F THENCE NORTH 69 "34'35" EAST 11 THENCE NORTH 81 °56'55" EAST THENCE NORTH 86 "43'15" EA FEET; THENCE NORTH 13 "46'19" W S 8.58 FEET; THENCE NORTH 70'48'07" T 6S�1FEET\._ THENCE NORTH 54'29'06" 37.1 THENCE NORTH 21 °53'45" E T F THENCE NORTH 70'4T14 EA 7 .5 E ; THENCE NORTH 71'02'31 EA .61 E T; THENCE NORTH 72'16'21 1 THENCE NORTH 72'04'43 1 .98 F THENCE NORTH 73'1318" 106.86 FEET; THENCE NORTH 71'11'17" 4.14 FEET; THENCE NORTH 68'33'08" 3 FEET; THENCE NORTH 71'33'54" EA 1 EET; THENCE NORTH 81'15'14" EAST THENCE SOUTH 83'05'20" EAST 17. THENCE SOUTH 47'43'35" EAST 15.29 F , z THENCE SOUTH 37'20'58" EAST 24.58 FEET; THENCE SOUTH 16'38'20" EAST 46.68 FEET; THENCE SOUTH 24'10'17" EAST 35.78 FEET; THENCE SOUTH 21'5245" EAST 70.36 FEET; THENCE SOUTH 34'33'45" EAST 28.09 FEET; THENCE SOUTH 47'26'12" EAST 34.20 FEET; THENCE SOUTH 52'25'53" EAST 8.43 FEET; THENCE SOUTH 71'33'54" EAST 9.75 FEET; THENCE SOUTH 85'01'49" EAST 11.87 FEET; THENCE SOUTH 87'08'15" EAST 20.59 FEET; THENCE SOUTH 88'25'50" EAST 37.54 FEET; THENCE NORTH 87'3348" EAST 48.37 FEET; THENCE SOUTH 89'35'00" EAST 141.38 FEET; THENCE NORTH 89'06'34" EAST 99.23 FEET; THENCE NORTH 84'31'51" EAST 48.55 FEET; THENCE NORTH 82'20'00" EAST 26.97 FEET; THENCE NORTH 79'46'40" EAST 31.87 FEET; THENCE NORTH 76'2T51" EAST 28.56 FEET; THENCE NORTH 70 °2345" EAST 39.84 FEET; THENCE NORTH 70'48'11" EAST 134.46 FEET; THENCE NORTH 70'3T19" EAST 79.02 FEET; 2asao05- 127230 VW 030- eSTOCKMAM wa a37e50004M - 0 co i OR; 3802 PG; 2582 WilsonMillee New Directions In Planning, Design 6 Engineering 2A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 66 °3228" EAST 29.70 FEET; THENCE NORTH 57 °49'44" EAST 37.66 FEET; THENCE NORTH 53 °21'57" EAST 74.96 FEET; THENCE NORTH 54 02459" EAST 148.87 FEET; THENCE NORTH 50 °50'35" EAST 203.54 FEET; THENCE NORTH 48 043'53" EAST 33.52 FEET, THENCE NORTH 32 °2352" EAST 31.67 FEET, THENCE 334.86 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70 °24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06 °25'03" WEST 314.18 FEET; THENCE NORTH 41 °3T27" WEST 133.18 FEET; THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING • RADIUS OF 573.36 FEET THROUGH CENTRAL ANGLE OF 18 °26'50" AND BEING SUBTENDED BY • CHORD WHICH BEARS NORTH 50 °50'52" WEST 183.80 FEET; THENCE NORTH 60 °04'16" WEST 149.32 FEET; THENCE 44.34 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 29.99 FE TRAL ANGLE OF 84 °41'37" AND BEING SUBTENDED BY A CHORD WHICH EST 40.41 FEET; THENCE NORTH 24 °3T19" EAST `° THENCE NORTH 23 °58'3T EA 5 FEET;} THENCE NORTH 27 °45'05" S 63 FEET; THENCE NORTH 34 °51'48' ST FE THENCE NORTH 36 °14'23" S 11 ET. THENCE NORTH 39 °15'14 EA F THENCE NORTH 30o3T48 EA 8 E THENCE NORTH 31 0942#' EA T 36.0 F THENCE NORTH 31 °5T25 EA 1 THENCE NORTH 32 °39'03 T 134.08 FEET; 'fir THENCE NORTH 28 °3224" 53.34 FEET; ' THENCE NORTH 31 °15'49" 5.90 FEET•_ l THENCE NORTH 36 °52'12" 2 66 FEET; /.. -: THENCE NORTH 53 049'13" EA EET; -, THENCE NORTH 59 030'01" EAST THENCE NORTH 58 016'35" EAST 70.E =' THENCE NORTH 46 °49'06" EAST 48.85 F - THENCE NORTH 34 °36'20" EAST 66.58 FEET; THENCE NORTH 36 023'58" EAST 266.89 FEET; THENCE NORTH 35 °28'00" EAST 51.47 FEET; THENCE NORTH 24 °13'40" EAST 48.08 FEET; THENCE NORTH 20 °29'50" EAST 62.60 FEET; THENCE NORTH 17 °32'36" EAST 44.54 FEET; THENCE NORTH 11 °02'07" EAST 134.56 FEET; THENCE NORTH 09 °20'41" EAST 65.81 FEET; THENCE NORTH 08 04913" EAST 32.16 FEET; THENCE NORTH 02°0T16" WEST 14.81 FEET; THENCE NORTH 19 °58'59" WEST 12.83 FEET; THENCE NORTH 29 °55'53" WEST 20.87 FEET; THENCE NORTH 45 °00'00" WEST 56.96 FEET; THENCE NORTH 48 °51'56" WEST 57.48 FEET; THENCE NORTH 42 °3848" WEST 28.31 FEET; THENCE NORTH 38 °4T48" WEST 35.86 FEET; THENCE NORTH 43 °25'04" WEST 39.03 FEET; THENCE NORTH 36 °22'11" EAST 30.93 FEET; THENCE NORTH 23 °54'19" EAST 139.67 FEET; THENCE SOUTH 66 °5326" EAST 241.46 FEET; THENCE SOUTH 64 °45'28" EAST 263.29 FEET; ?RY2006- 127270 Vr 001• MTOC1 AM CAM 0778600D*00.. 0 WilsonNillee New Dlr0chons In Planning, Design 8 Engineering OR; 3802 PG; 2583 DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT -A- - D.R.I. LANDS (CONTINUED): THENCE SOUTH 71 °1847" EAST 57.07 FEET; THENCE SOUTH 85 °OT33" EAST 50.51 FEET; THENCE NORTH 81 °05'07" EAST 75.18 FEET; THENCE NORTH 81 °43'21" EAST 63.88 FEET; THENCE NORTH 84 °5T08" EAST 36.24 FEET; THENCE SOUTH 88 °2639" EAST 83.81 FEET; THENCE SOUTH 81 °31'21" EAST 262.28 FEET; THENCE SOUTH 88 °08'03" EAST 273.99 FEET; THENCE NORTH 80 °58'13" EAST 327.79 FEET; THENCE NORTH 67 °50'56" EAST 252.22 FEET, THENCE NORTH 81 °02'01" EAST 819.65 FEET; THENCE NORTH 81 °4241" EAST 310.84 FEET; THENCE SOUTH 65 °3443" EAST 80.72 FEET; THENCE NORTH 89 °5947' EAST 219.16 FEET; THENCE NORTH 82 °42'28" EAST 41.19 FEET; THENCE NORTH 58 °02'38" EAST 138.72 FEET; _ THENCE NORTH 41 THENCE NORTH 73 °57'36" EAST 81 R c' 0 THENCE NORTH 84 °51'58" EAST THENCE NORTH 86 °38'43" EA FEET; THENCE NORTH 87 °28'42" 9ST ST 3.72 FEET; THENCE NORTH 88 °46'01" 2 7 FEE THENCE NORTH 37 °30'20"OS 35 . 9 , THENCE NORTH 15 °32'08 EA THENCE NORTH 86 °55'36 EA 1. F THENCE NORTH 72 °53'31 6.5 F 9 THENCE NORTH 50 °45'14 THENCE NORTH 87 °14'14 314.60 FEET; THENCE SOUTH 76 °38'32" 143.08 FEET; R THENCE NORTH 89 °4943" 054.71 FEET; THENCE SOUTH 75 °20'32" EA 5 FEET; THENCE SOUTH 41 °43'41" EAS 3 . EET; THENCE SOUTH 59 044'48" EAST THENCE SOUTH 82 °5638" EAST 71. 1 THENCE NORTH 76 °31'27' EAST 68.87 F - - THENCE NORTH 60 °3245" EAST 175.39 FEET; THENCE NORTH 78 °18'10" EAST 41.23 FEET; THENCE NORTH 89 °28'30" EAST 480.22 FEET; THENCE NORTH 82 °52'57' EAST 82.50 FEET; THENCE NORTH 59 °2648" EAST 47.53 FEET; THENCE NORTH 77 °3627 EAST 12.36 FEET; THENCE SOUTH 70 °5529" EAST 16.45 FEET; THENCE SOUTH 47 041'12" EAST 748.88 FEET; THENCE SOUTH 34 °06'49" EAST 46.63 FEET; THENCE SOUTH 14 °16'24" EAST 615.15 FEET; THENCE NORTH 85 °59'44" EAST 160.53 FEET; THENCE NORTH 47 °06'44" EAST 110.60 FEET; THENCE NORTH 29 °11'18" EAST 460.96 FEET; THENCE NORTH 13 °5657" EAST 209.85 FEET; THENCE NORTH 76 °19'41" EAST 160.84 FEET; THENCE NORTH 61 °43'54" EAST 107.89 FEET; THENCE NORTH 18 °58'36" EAST 69.73 FEET; THENCE NORTH 01 °36'49" WEST 341.03 FEET; THENCE NORTH 89 °06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE SOUTH 00 °14'32" EAST 45.99 FEET; MSFA s. inzm ver oa- esrocauw CAM W78MOM -o 12A wboamiller, OR; 3802 PG; 2584 New Di►ecem In Planning, Design 6 Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND 2A PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A' - D.R.I. LANDS (CONTINUED): THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE SOUTH 05 °5177" WEST 224.83 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE 95.78 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 01 °26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 °04'45" WEST 95.78 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE SOUTH 26 °31'54" WEST 759.71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00 °14'33" EAST 1,537.82 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 00 °22'10" EAST 2,347.87 FEET; THENCE LEAVING SAID LINE NORTH 89 °29'01" EAST 330.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE SOUTH 00 °22'10" EAST 200.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE SOUTH 89 °29'01" WEST 330.00 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE FOR THE SES: 1. SOUTH 00 °22'10" EAST 62.31 F i' 2. SOUTH 00 °30'10" EAST 2,674 3. SOUTH 00 °35'31" EAST 2,6 ET; \ 4. SOUTH 00"38.11" EAST 2, 10. FEET; \ 5. SOUTH 00 °30'34" EAST .6 FEZ_ 6. 227.68 FEET ALONG OR �afL CU CUR CONg� VE ST HAVING A RADIUS OF 3,032.95 FEET THROUGH E t; /l NG UBTENDED BY A CHORD WHICH BEARS SOUTH 0 39' 7. SOUTH 04 °48'38" EAS 8. SOUTH 05 °08'04" EAS 3 EE 9. SOUTH 00 °29'16" EA20 il FEET; % THENCE LEAVING SAID UTH 89 °0 4'49" WEST *.79 FE THENCE NORTH 47 °03'5 8.67 FEET;; THENCE SOUTH 52 °55'0$ THENCE SOUTH 06 °39'26" WE 29 FEET; FEET; THENCE SOUTH 71 °24'17" WES THENCE NORTH 19*54'41"WEST 1 ST THENCE NORTH 43 °05'38" WEST 251.09 THENCE NORTH 11 °0429" EAST 79.58 FEET; THENCE NORTH 05 "51'31" WEST 66.56 FEET; THENCE NORTH 48 °5226" WEST 332.24 FEET, THENCE NORTH 74 °56'35" WEST 80.29 FEET; THENCE SOUTH 74 °58'06" WEST 235.65 FEET; THENCE SOUTH 51 "40'42" WEST 93.09 FEET; THENCE SOUTH 21 "53'05" WEST 241.50 FEET; THENCE SOUTH 77 °21'09" WEST 341.17 FEET; THENCE SOUTH 60 °48'05" WEST 79.49 FEET; THENCE NORTH 88 °09'54" WEST 265.68 FEET; THENCE SOUTH 89 °36'53" WEST 1,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415.00 FEET THROUGH A CENTRAL ANGLE OF 03'08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 °11'35" EAST 77.47 FEET; THENCE SOUTH 00 °38'28" EAST 84.34 FEET; THENCE NORTH 90 °00'00' WEST 71.80 FEET; THENCE SOUTH 00 °3846" EAST 3,444.22 FEET; THENCE 224.04 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04 °43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223.98 FEET; THENCE SOUTH 04 °0659" WEST 217.57 FEET; 2rAFA S I M]O VW. ON- BSTOCKHAM cl" 08790.00D.OW - 0 Wilsomillee New Directions in Planning. Design 6 Engineenng OR. 3802 PG. 2585 12A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT'A' — D.R.I. LANDS (CONTINUED): THENCE 153.40 FEET ALONG THE ARC OF A NON — TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277.17 FEET THROUGH A CENTRAL ANGLE OF 03'51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 °10'28" WEST 153.37 FEET; THENCE SOUTH 06 °34'56' EAST 1,089.87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT —OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT -OF -WAY); THENCE ALONG SAID LINE SOUTH 88 °54'34" WEST 247.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,026.3 ACRES, MORE OR LESS. SUBJEC T M NTS AND RESTRICTIONS OF RECORD. BEARING D ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88054'34' B LAWCE T. ,-S-M- LS#5627 CERTIFICATE 01F, AUTHORIZATION #L ,' �. REF: 4H -125, SHEETS 1 -5 ,o . T DATE: AUGUST 29, 2003 :�� REVfSIONS: T, QCTOBER 16; 2. MARCH 3.2 3: SEPTEMBE, 30, `4. FEBRUARY .20 5 5. FEBRUARY 4,"'n~ 2F25FAW 1272]0 Vr. 021- BsTOCKHALI CAM .m -o 10 r C.C. OR. TI00R 1733 PACE 951 25 R C.I. OR. a" 7403 36P'a 77» T -47 T— t8 Cot � OR MOON 577 PA 7747 f 1 � HOT vkA W ESS SIGNED 97 THE SARNErOR AND W-11) T. DIE ;A,'W D 'S EQIOSSED SFY CERWK-E OE AOTIIEAN7,LTIDN E U -43 GENERAL Wis. WNOKA EE ROAD 10O RIGHT- OF -WAl ICP. O.R. Moog 7009 P*W 1536 - 1S45 30 I _ICP. OR. 9008 7009 P41 t539- 1S45 Ie 9 ' 3 PARES 7779 -17" • Cos. ow. ROpt 1577 12 PACC 747 ME- E lnne Sw.4�r 3 700. (]]9) 419 -4010 t .:, tt f N31LR, P.S.A!. L S. 5917 a7E HOT vkA W ESS SIGNED 97 THE SARNErOR AND W-11) T. DIE ;A,'W D 'S EQIOSSED SFY CERWK-E OE AOTIIEAN7,LTIDN E U -43 GENERAL Wis. WNOKA EE ROAD 10O RIGHT- OF -WAl ICP. O.R. Moog 7009 P*W 1536 - 1S45 30 I _ICP. OR. 9008 7009 P41 t539- 1S45 Ie 9 ' 3 PARES 7779 -17" 1 1411r7SE ALL OIOCNSICHS AK IN FEET AND DECRA7LS THEREOF, UNLESS or Norco. _ 7. not VALID NITHONr THE SIGNARIAE AND THE ORCM, RASED SGL OF A R0190A LICENSED StRhlYDR AND IEAPPER. rONNSw M SOUiRANCE E.LST. TOOLLYR COtr1Y, IOIrDL BEAM SOUTH x54.3: WEST. 4. CE9""ATE a MRNORNATION u -43 s. coIlrARrc s.o76 a AarS ND�E OR " 9. SUIICCT TO EASEMENTS. RESTRICTIONS AND RESERym"d OF RECORD. 7. THIS SKETCH w7 WA SEEN REDUCED. s ADaRr —TUNS: oR. _ OFFICNL RECORD 90OK C t COLL" ERTEMPrSES. ETD R.C, BARRON COLLIER rVESTMENTS LTD ICI. . RARRON COLLIER PAR71(Ryi RI - MIGHT OF WA7 P.00.. POINT OF CONNENCEN N P.04 POINT OF KQW NC C.DC . COLLIER EV ER DELOPWNr CORPaRAEIoN OR, DE IELOPN[IIT OF REGIONAL UWACT ® . PARCEL OESCMKO ip 74. 7005 _ 1102:56 CIA.M. \SUR\D37" \.N 175SI a.p r.'— rr...w.�.,.�..•+re... OIL NEU RDA IIGO RIDIO -a -I 9 28 I.C.P. PER O.M. BOON 7903 PAGE 7751 i j� BAC "iNl7ti 6C1. O.R. 900K 1009 PACES 154E -1553 16 i H RENSIOMS: 10-15-03 KS CONTAINS - 5026.93 ACRES MORE OR LESS 1. RE 9R9 NOT A SURVEY *es 1. SE BOUNDARY. 3 -3 -a, KS SEE ATTACHED FDR DESCRIPTION rr9 3. REVIWSED O BOUNDARY. 7 -4-05. cPRL/I957 4. REVISED 9oaROARY, 7- 74 -03, OPRL /1957 ..Mw X11 ..Mw r VIN WN: NCIf11' NWI - MILL Wpb . /7D03 »rs w1 n rCrRAR�•T -9 N�i9 'K.; I �pyrR 1•.1DDp AVE MARIA wa a m, ur rcror r -A5 . NA4NtwA •7 4a.IIL AWA RNIq » rA4r. wuWR OtINl7, Oar. _ I O3Te6- OOO -000 .s .7 • u ME- .:, tt 0�°Il /j V 1 1411r7SE ALL OIOCNSICHS AK IN FEET AND DECRA7LS THEREOF, UNLESS or Norco. _ 7. not VALID NITHONr THE SIGNARIAE AND THE ORCM, RASED SGL OF A R0190A LICENSED StRhlYDR AND IEAPPER. rONNSw M SOUiRANCE E.LST. TOOLLYR COtr1Y, IOIrDL BEAM SOUTH x54.3: WEST. 4. CE9""ATE a MRNORNATION u -43 s. coIlrARrc s.o76 a AarS ND�E OR " 9. SUIICCT TO EASEMENTS. RESTRICTIONS AND RESERym"d OF RECORD. 7. THIS SKETCH w7 WA SEEN REDUCED. s ADaRr —TUNS: oR. _ OFFICNL RECORD 90OK C t COLL" ERTEMPrSES. ETD R.C, BARRON COLLIER rVESTMENTS LTD ICI. . RARRON COLLIER PAR71(Ryi RI - MIGHT OF WA7 P.00.. POINT OF CONNENCEN N P.04 POINT OF KQW NC C.DC . COLLIER EV ER DELOPWNr CORPaRAEIoN OR, DE IELOPN[IIT OF REGIONAL UWACT ® . PARCEL OESCMKO ip 74. 7005 _ 1102:56 CIA.M. \SUR\D37" \.N 175SI a.p r.'— rr...w.�.,.�..•+re... OIL NEU RDA IIGO RIDIO -a -I 9 28 I.C.P. PER O.M. BOON 7903 PAGE 7751 i j� BAC "iNl7ti 6C1. O.R. 900K 1009 PACES 154E -1553 16 i H RENSIOMS: 10-15-03 KS CONTAINS - 5026.93 ACRES MORE OR LESS 1. RE 9R9 NOT A SURVEY *es 1. SE BOUNDARY. 3 -3 -a, KS SEE ATTACHED FDR DESCRIPTION rr9 3. REVIWSED O BOUNDARY. 7 -4-05. cPRL/I957 4. REVISED 9oaROARY, 7- 74 -03, OPRL /1957 ..Mw X11 ..Mw r VIN WN: NCIf11' NWI - MILL Wpb . /7D03 »rs w1 n rCrRAR�•T -9 N�i9 'K.; I �pyrR 1•.1DDp AVE MARIA wa a m, ur rcror r -A5 . NA4NtwA •7 4a.IIL AWA RNIq » rA4r. wuWR OtINl7, Oar. _ I O3Te6- OOO -000 .s .7 yG • p [n SEE SNEEt 2 OrKM113E WIED. - - — - -- —� .•+•••••. ••+aa • Im"110 4 T NOr wao MTNOUi rK SGNTtAE No rK ;OIEMrfW tTMSEp O.N. allloNE EECO.D W, SEAL OF rlo.OE uCEKKD AKNEVOK AM mwM. C[. - DoEUE. ENfO/.gfS. Ero r011 SKrfAlUlt[ 3. KGSKrs AK NEED oK TK soUM ENE of KCT*N rs. se _ M.K6t cOEEfIII K0(SrKNti ETD I. wO SEAL SEE Lift i a 3. N Sou'"' P"DE 2r EAST. COWEK o W- IEON.E _ MM011 Co11fN rNIIKNLfP '. N.o.W fYGT K04 SP .E110 SOUIN MSS'3•' WEST. a. aATi1P 1iE Oi wlNpbTAiIOK LB -r] S. — TNfKNC S,ms.0] Or MT ►.O.c.. ftN or co— IN"MEK1 r.o... _ PONT or ROrwm Not VAID tNaESS Sr#&D ITT TK Kaum NO itG[S 0. LESS. S. su.icT To EAfEfKNTS NESrs[TtONf Am MESEOpTK" of m1como. C.D t.. Cofifll oQRtOhI[Mr COtiMMo. D...l - cEKEOrKM OI N[otoTUa aaaaEi SEALED MtN 1K SuNEVE," EN.pSSED SM. 2. MIS SKErO1 1MT NNE SEEN oEOU ED ® - ►a.cR DICK ED a.mua as wlta7KWnoK E Ea -.3 KEVtsnNS: CONTAINS - 3020.23 ACRES MORE OR LESS r. to -IS -w. sEs a. KEV6ED .OUNDANT. 3 -3-04. KS .« NOT A SURVEY a. r.a N. 7003 - ti:tlof U.wgz: \L+N \o3]EE\.N i]sS2 a.y 3. "SEO .aNnf.r, 2 -. -06, cwa/ISST �. RENSEO SOINgMT. 2- 24-oi. oPR/tSST *"SEE ATTACHED FOR DESCRIPTION ... aam EXHW .A �.rr,.fti.fnf..��.��.fWr.frr,f .. tNK iNL W fr T /2003 '� r� T rr o. SOOioW 3-E w tf -N tars v fume AVE MARIA Y.TOy �+ •�.�.�.� fh YNfE s fflC NW fltllotl !� -A . fpffs� 41 fYm� frq s SOT. NW mM11. Am 0 1 . I sit JiP 12 AIRI >A L'i LLJ III CIO rn cr I ct OR: 3802 PG: 2588 9 u. 18 w. AA RN-Ew— IiAs LiNIIoo S.-,— - / 3M &W" LINHI. IS-U, 200, (239) 649 -4040 05 FOR SIGHATUlItE AND SEA. SEE SHEET I OF S. NOT vALRD UNLESS 5E90 By THE S,40I AN,,, 6 SEALED WITH W TNAhVON,% EM CERTIFICATE Of AUTHORIZATION i LA-43 GEINERIN. NOTES- 1 ALL ORAERSIONS ARE 0 FEET AND DECIMALS / /� j //� THEREOF. UNLESS OTHEIRMS1 NOTED. LOT VNJI) INTMOUT THE SIGNATURE AND THE ORO AHO E, 3. YONNNS OF SH, 4, SOUTH am" 29 EAST. COULMEN OF SECTION 16. TABLE ZINC SOUTH WS4'34' INCSV. COUNTY, FLOWN, CERTIFICATE Of AUTHORIZATION "-43 5. CTTNT 5.024,93 ACRES NONE 001 A SUIllWIECT 10 EASEMENTS, RESTRICTIONS AM MESERvATIONS OF flecomm 7 THIS SKETC- w HINOC BEEN PKOUCM. / // /// !1 a Ammwno.$: , /� / j/j / /`!' O.R. FFIC♦A FACOND Dom C COUAR ENTERPRISES. tm C -&ARAON COLLIER W4STMCNTS LID M .0 IMARRON COLLIER PAATKVtSMP 11.0 IN MONT OF TIIAy P.O C POINT Of COWMENCENENT PONT OF KGONNNG CA . M COLLIER OFWUOPWENW CORPORATION, OAL - DEVELOP" OF REGIONAL IWACT 1. 10-15-03. KS CMAM I. W26-93 ACM YORE OR uss IM . PARCEL "scam 2 REWKO BOUNDARY. 3-3-04 MES wv-� — NOT A SURVEY *sq- FIMI 24. 2005 - I . .0 - ja57 *Sm AITPZHfM MR DESCRIPTION so* . MV- I A MIN, . Not WRE iml E)(HlBrr 'N' IIM* INN, MARLA IN, -000-000 17'.5 ns a F 29 RN E'Mn�nr arm laM aur.eyp� )JDO ayT Lyr. s,y. ]Op. (J]f) Nf -.DW RAOMt. f1v�s 3.105 r00 SOG- -1 W — SEAL. SEE SKEI l of S. Rol ♦ALTO IRREss SrAco by ERE swLCYG ARD SEMED MTN M SLMrEYOWS ELI,OSSM SEAL. CERTlCAIE DE ADTHDRIJ.LTA]R E ..... 1.12DI CLAHD(It1sUR\Oi ) a6 \w1JSilA.S � OR: 3802 PG: 2590 1 2A 28 0 y7 3 GENERAL worm tl URII M 1 .0 oRLCwsnRS w¢ M rtEr .w atyL.LS rKR[or. uatss otKRMSE wrto- i J. wDi Wltl IIIIIIDIII rK SIfJl.11lllC AID rK OMOMAL RRSCD SEK a A ELDRe1A LCEHSEO f11RYEYDR s .�RRnunRS: OFF01A OR OEEICML RCORD eDOR E4DORD Sa yq ]. eGLaflf.5 AAE aAYD OR M fOLnR lll[ CICM 16. rOMlSlf► N SOUTR, AMIDE N EAST, COl1[R CdLRtt, iLOI1lOA [ LID !CL MMDII COLL[R RMSID LTD R.C.► eaRRM COLLIER ►ARiKOENTS RfID SOIITR ' wEfT. R.O.■ . MUO DE . �I .. CERffIGTE OE N11110giATgR /lg -.J a. CORTAeMir l.07e.N •OC.. POeIT Of COYIIEKE4EM1 AGES MDR DR LESS S. Sumo TO EAS[YERiS. ►.Oj. IONI OE RDeRIfID 4.1 RSRRCigRt AIM llf%na11OMS DE CD.C. C011IEll DEMLOP CORVORAIDR T� TTiK SRETCH Aln IIAM REM ROOKED. D.RI . OEMLONIEw OF RGDRAL MPKI ® . RARC[L DEsCRM(D CONTAINS 5026.07 ACRES MORE OR LESS RL+slws: 1. ID-Ia -OS, acs ]. aE\SSED ROIRtlMr, ] -] -D., RS aaa NOT A SURVEY ea i. RMSED SOUND W. J -. -Da, DPILL /leaf NeSEE ATTACHED FOR DESCRIPTION eee .- RMSED ROLAROMM, 2-2 -as. WOVISaT EXHIBIT .A w �p worm- E. .rl d IEL cr : =R Mo Iq , AYILZ �Jm] .OD• AVE MARIA �am M ua. ae YCaMR v -u . *�M 1 ffwH, MLQ T WI. WLW WART. ILiDL * ** OR: 3802 PG: 2591 * ** Ave Maria Development Contribution Agreement DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $6,000,000.00 Available ° 7 y Ey�-I�J I'k 11 12A NJ bV (',R-CTIGNS IN ' .ANN t DE.5_-.:.'. ENC NEE'niN NCc 795c. � 2A 11riIsonmiller0 June 23, 2010 0.*4 Mr. Dan Trescott DRI Coordinator Southwest Florida Regional Planning Council 1926 Victoria Avenue Ft. Myers, FL 33901 RE: 2010 DRI Monitoring Report for the Town of Ave Maria Dear Mr. Trescott: Enclosed please find the 2010 DRI Monitoring Report for the Town of Ave Maria. This biennial monitoring report for Ave Maria covers the time period from June 15, 2008 through June 15, 2010. A check in the amount of $250.00 to cover the cost of processing this report is also included with this submittal. Please feel free to contact me if you have any questions or need additional information. Sincerely, WilsonMiller, Inc. Margaret argaret Pery, AI P Senior Project Manager, Senior Associate Enclosure cc: Laurie Beard, Transportation Planner, Collier County Development Services Bernard Piawah, Department of Community Affairs Lawrence Massey, FDOT Brian Goguen, Ave Marie Development, LLLP George Varnadoe, Cheffy Passidomo 800 649.4336 239.649.4040 F 239.643.5716 R&wERDO Bailey Lane Suite 200 Naples, Florida 34105 �____ WilsonMillercom Ave Maria Development, LLP N406 n OUMsa.uaPATMso.On=, j'A+ . NO. 0 Check Date: 6110/10 SW REG} Invoice Data Invoice Description Invoice Amount Discount _.._ Balance 06 10 10 061010 $250.00 $0.00 $250.001 2010 AMID DRI Monitoring Report 3 I I i F ( ft# SE j i I Detach at Perforation Before Depositing Check TOTALS: $250.00 $0.00 $250.00 Page 1 of 1 THIS.CNECK IS VOI ®: WITHOUT A GREEN &BLUE BORDER AND BACKtftl tUND !L!!! KNIGHT & FINGERPRINT WATERMARK ON THE BACK - "OLD AT ANOLE TO "+ .A VIEM/ IZ AVE MARIA DEVELOPMENT, LLLP 2600 GOLDEN GATE PARKWAY NQ. 001638 NAPLES, FLORIDA 34105 -3227 TIB Bank Naples Boulevard t I Sm r'> "Aed �i4 and AO/too vae&u 9 '° CHECK DATE 06/10/2010 VENDOR SWF REG AMOUNT $ $250.00 PAY TO THE TO FLORIDA REGIONAL ORDER PLANNING COUNCIL OF 1926 VICTORIA AVENUE FORT MYERS, FL 33901 0 12A WlsonNifier New Directions In Planning, Design & Engineering 2010 DRI MONITORING REPORT Z•T THE TOWN OF AVE MARIA Prepared for: Ave Maria Development, LLLP 2600 Golden Gate Parkway, Suite 105 Naples, FL 34105 Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 June 23, 2010 Offices strategically located to serve our clients 800,649.4336 wilsonmillercom ANNUAL STATUS REPORT Reporting Period: June 15 2008 to June 15, 2010 Month /Day/Year Month/Day/Year Development: The Town of Ave Maria Name of DRI Location: Ave Maria Collier City County Developer: Name: Ave Maria Development LLLP Company Name Address: 2600 Golden Gate Parkway Suite 105 _ Street Location Naales, FL 34105 City, State, Zip 12A 1. Describe any changes made In the proposed plan of development, phasing, or in the representations contained In the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A, a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a. Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; No changes in the plan of development or phasing have occurred during this reporting period. b. State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed In the reporting year and to be filed during the next year. No incremental DRI applications for development approval or requests for substantial deviation have been filed during the reporting period. It is not anticipated that any substantial deviations will be filed in the coming year. C. Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. There have been no modifications of an adopted development order recorded during this reporting period. 922/2010 - 219312 -V� 1- MPERRY 03799-013 -003 - PWRK 32361 12A 2. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development of Regional Impact development order for the project? Provide a copy of the order adopted by the annexing local government. There has been no change in local government jurisdiction for any portion of the development. 3. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. A minor revision to the approved DRI master plan was approved by Collier County in March, 2010. The current, approved DRI master plan is included with this submittal as Exhibit B. 4. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total development proposed and actually conducted to date. Example: Number of dwelling units constructed, site Improvements, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. Infrastructure improvements and vertical construction have commenced and are ongoing within the project. Exhibit C, Summary of Development Activity, identifies the vertical construction to date. 5. Have any undeveloped tracts of land in the development (other than Individual single - family lots) been sold to a separate entity or developer? If so, Identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. Tracts of undeveloped land (some of which have been subsequently developed) have been sold to other entities and are identified in Exhibit D -1 and associated map Exhibit D -2. 6. Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. No lands have been purchased or optioned adjacent to the Town of Ave Maria DRI. 022@010 - 210312 - Vast- MPERRY 03706013 -003 - PWRK - 323512 12A 7. List any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response Is to be more than one sentence, attach as Exhibit F. Local, state, and federal permits for the June 15, 2008 through June 15, 2010 reporting period are listed in Exhibit F, Summary of Permits. 8. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been compiled with during the annual report reporting period. Please see attached Exhibit G, Summary of Development Order Conditions, and Exhibit H, Transportation Monitoring Report 9. Provide any Information that is specifically required by the development order to be Included In the annual report. To our knowledge, the requirements of this biennial monitoring report for the Town of Ave Maria are being satisfied by submittal of this report. 10. Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15) and (18), F.S. Copies of this DRI Monitoring Report have been sent, via U.S. Mail to: Dan Trescott, DRI Coordinator SWFRPC Laurie Beard, Transportation Planner, Collier County Development Services Bernard Piawah, Florida Department of Community Affairs Lawrence Massey, FDOT District One Brian Goguen, Ave Maria Development, LLLP George Varnadoe, Cheffy, Passidomo Person completing the questionnaire: Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: 239 -649 -4040 E -Mail: M@Mwvtpe"Ca)Wlsonmiller.com 4'22!2010 - 218312 - Yx: 1 - MPERRV 0378&013.003 - PW RK - 32351 3 12A 1 EXHIBIT B DRI MASTER PLAN EXHIBIT C SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D -1 PARCELS SOLD OR TRANSFERRED EXHIBIT D -2 MAP OF PARCELS SOLD OR TRANSFERRED EXHIBIT F SUMMARY OF PERMITS EXHIBIT G SUMMARY OF DEVELOPMENT ORDER CONDITIONS EXHIBIT H TRANSPORTATION MONITORING REPORT EXHIBIT I WILDLIFE IMPACT EVALUATION REPORT 2 Q 0 cc N Q W Y a Q l: I M I N N 01 V V P H N M fY1 ^ N OVON 113M 110 0 H H ce tL El L tiuuo�xs- ,osxo.rmnawnr� r�xi ow�wwn .r d A C A �y 3 Q 2C b F- F 12A 12A EXHIBIT C THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ACTIVITY The Town of Ave Maria DRI was approved with two development phases. The first phase will conclude in 2011. The information below shows development activity through June 15, 2010. Land Use Type Constructed This Unit of Measure Total Constructed to Reporting Period Date Residential Units 25 Dwelling Units Dwelling Units 376 Dwelling Units Commercial 47,709 Square Feet Square Feet 175,500 Square Feet' QCL y -77 77,77,77 Institutional/University 3 buildings University acilitV Buildings 9 buildin s3 Recreation/Open Space 0 Amenities 4 Amenities° Notes: 1. The reporting period for this Monitoring Report is June 15, 2008 through June 15, 2010. 2. The previous Monitoring Report (July 29, 2006 - June 15, 2008) mistakenly reported 126,071 square feet of commercial land use constructed to date. This number should have been 127,791 square feet. The 1,720 square feet difference has been included in this reporting period. [127,791 square feet (revised square footage from previous report) + 47,709 square feet (this reporting period) = 175,500 square feet]. 3. Spring 2010 student enrollment at Ave Maria University was 658. 4. Amenities include South Sports Park, North Sports Park, Tennis /Aquatic Park and one Golf Course. 12A EXHIBIT D -1 THE TOWN OF AVE MARIA PARCELS SOLD OR TRANSFERRED Land Use Type Entity /Developer Acreage In Reporting Description Total Acres Sold/Transfer Period red To Date Pulte Homes Residential Development Residential Corporation 0 Tracts 707.50 MPG Ave Maria Commercial LTD 0 Gas Station 1.96 Florida Community Commercial :�.. � .„ Bank 0 Bank 0.36 Commercial . .. emu. H,r• , rv:. Arthrex, Inc. 0 Medical Research 12,88 Ave Maria Institutional University, Inc. 0 Oratory & Private School 206.00 Mixed Use Commercial/ Ave Maria Residential Develo ment, LLLP 0 La Piazza Avila & Condos 18.86 Ave Maria Master Recreational Amenities Association, Inc. 0 North Park & South Park 69.85 Pulte Homes Recreational Amenit Corporation 0 Goff Course 139.79 Pulte Homes Recreational Ameni Corporation 0 Tennis /A vatic Park 10.73 Queen of Peace Institutional Monastery, Inc. 0 Monaste 10.00 Ave Maria Utility " Communi4 Su ort Facilit 777 77" 7-111 Com any, Inc. 24.40 Utility Plant 24.40 Ave Maria R.O.W., Lakes, & Conservation Stewardship Public R.O.W., Lakes, & Areas Commqnqy District fflm� 197.79 Conservation Areas 430.20 Collier County Public School Elementary/Middle Institutional b = =:. ��... District :. 46.00 School 46.00 Total Acreage Sold/Transferred 268.19 1,659.67 Note: The Reporting Period for this Monitoring Report is June 15, 2008 through June 15, 2010. TENNIS CENTER mom PARK ujl� 11 ;( -- -`:; ORATORY HAMPTON SOUTH PARK DEL WEBB ARTHRE. L WE GOLF BB 1 AREA z AVE MAMA VTILITY COMPAMY• ULp AVE (24.4 ACRES) L=IA __ I WEEN Of PEACE YONASrERr, WC. (10 ACRES) EMARTIA STEWAR y DISTRICT D IP (43D.2 ACRES) (SCN ACRES) -TE -E CCR-TI). (707.5 ACRES) I PU3L§ I 77WWE CORPORATION (DOLT) 9 ACRES) ()[L-WL-L- NOWAD U F-1 YPO AYE YARN L7D (I." ACRES) DA COYYONm BANK (0.36 ACRES) C- (12.88 ACRES) AVEMARIA AVE MARIA UNIVERSITY. INC. (206 ACRES) PARCELS SOLD OR TRANS EXHIBIT D-2 -E — —ER AS--. -C. (69.85 ACRES) u 12A EXHIBIT F THE TOWN OF AVE MARIA SUMMARY OF PERMITS JUNE 15, 2008 THROUGH JUNE 15, 2010 Ave Maria Development etUM10. 216312 -Yer; 1 - MPERRY 0378&013-003 - PWRX - 32351 Publix at Ave Maria SDPI buildin fa ade AR -13365 6/16/2008 Ave Maria Blvd. Extension /Arc Rd, Excavation Permit Renewal and Ins action Fees 59.902 -9 /AR -6880 6/24/2008 Ave Maria Po a John Paul I I Blvd, Excavation Permit Renewal and Ins action Fees 59.902 -8 /AR -8697 6/2412008 Publix at Ave Maria AR -13454 7/9/2008 Ave Maria University SDP 2 Phase 1 (Withdrawal of School of Law SDPI AR -13185 10/14/2008 Davita AR -12578 4/18/2008 Ave Maria Cell Tower AR -14076 4/6/2009 Publix at Ave Maria SDP! (arading & detectable warnings) AR -14423 5/26/2009 Ellington Park PPL AR -10931 7/7/2009 AMU Undergraduate Housing Bldg #6 Final Site Acceptance AR -13185 7/16/2009 Ave Maria Unit 4 Hampton Village Phase 1 PPL Permit Extension AR -8879 8/4/2009 - 814/10 Ave Maria University Gym Alternative Architectural Design Application, Deviation Approval Arch- PL2009 -1209 10/4/2009 Ave Maria Phase 3 PPL Extension SB 360 AR -8880 10/19/2009-10/19/2010 Ave Maria Phase 2 PPL Extension SB 360 AR -8697 10/19/2009-10/19/2010 Ave Maria Unit 5 - Bellerawalk Phase 1A, PPL Permit Extension AR -9033 10/21/2009- 11/26/2011 Bellerawalk at Ave Maria Excavation Permit Renewal 59. 902 -1 /AR -9214 10/21/2009 - 7/28/2010 Ellington Park PL2002 -1339 11/18/2009 Ave Maria Flex Site Permit Extension SB 360 AR -9645 11 23/2009 8/22/2011 Ave Maria Medical Building Permit Extension SB 360 AR -9684 11/23/2009 - 8/22/2011 Ave Maria Phase 4 PPL Permit Extension SB 360 AR -10816 12/14/2009- 10/14/2011 Ave Maria Guest House SDP PL2009 -446 12/1/2009 Del Webb Parcels 105 110 112 113 115 PL2009 -1450 12/28/2009 Ave Maria Universi G m /Story a Building SDPA PL2009 -75 12/29/2009 Bellerawalk at Ave Maria Phase 1 B, PPL Permit Extension SB 360 AR -9583 1/7/2010 - 7/27/2010 Ave Maria Unit 5 Bellerawalk Phase 1 A, PPL Permit Extension SB 360 AR -9033 1/7/2010 - 1/1312012 Ave Maria Unit 3 Del Webb Phase One PPL Permit Extension SB 360 AR -8654 117/2010 - 1/13/2012 Ave Maria Unit 4 Hampton Village Phase 1 PPL Permit Extension SB 360 AR -8879 1/13/2010 - 1/13/2012 Ave Maria SDP No. 2 - Phase 1 University, Insubstantial Change PL2009 -2071 1/15/2010 Ellington Park Sales & Model Center PL2009 -209 1/20/2010 Ave Maria Guest House SDPI PL2009 -2468 19/2010 Ave Maria Phase 3 Plat, Insubstantial Change (Removal of unconstructed portion of Anthem Pkwy) PL2009 -2515 3/19/2010 Ellington Park Sales & Model Center PL2009 -208 3/29/2010 Del Webb Parcel 105, Lots 11 -18 & 29-40 Insubstantial Change PL2010 -162 5/13/2010 etUM10. 216312 -Yer; 1 - MPERRY 0378&013-003 - PWRX - 32351 12A EXHIBIT F (Continued) e[►nrts - Hampton Village at Ave Maria Phase One - Town Homes Insubstantial Change, Permit to Construct Public Water Supply 264366 - 002 -DS 6/24/2008 Ave Maria SDP 2 UGH Building #8, Partial Certification for Public Water System Pub lix at Ave Maria Certification for Public Water System AMU Under raduate Housin Bld #6 Certification for Public Water System Ave Maria Guest House Permit to Construct Public Water Supply Ave Maria Guest House Permit to Construct Sanitary Sewer Del Webb Parcels 106, 110 112, 113, 115 Del Webb Parcels 106, 110 112 113 115 233650- 003 -DS 278406- 001 -DSGP 288454 -001 -DSGP 296574 -001 -DSGP 249396- 028 -DWCCG 249396 - 029- DWC /CG 297052 - 001 -DS 7/15/2008 12/18/2008 6/912009 7/20/2009 7/20/2009 8/17/2009 9/3/2009 Tract F -2 Davita , Certification for Public Water SuDP1Y Ave Maria Univers' Gym /Store a Building, Permit to Construct Public Water Supply 2859626- 001 -DS 298425 - 001 -DSGP 9/15/2009 12/3/2009 Del Webb Phase 1 Plat AMUC Final Acceritance 012 -06 7/3/2008 7/24/2008 UGH Building #8 AMUC Preliminary Acceptance 002 -05 003 -06 005 -07 022 -06 Emerson Park, AMUC Preliminary Acceptance Tract F -2 Davita AMUC Preliminary Acceptance 9/18 2008 10/1/2008 Del Webb & Golf Course Maintenance Facility, AMUC Preliminary Acce tance Ave Maria SDP #1 AMUC Final Acceptance 10/16/2008 001 -05 1/19/2009 Ave Maria South S orts Park AMUC Final Acceptance Emerson Park AMUC Final Acce tance 002 -06 003 -06 1/19/2009 2/10/2009 Liberty Park AMUC Final Acceptance 003 -06 215/2009 Bellerawalk Main Entrance/Model Center AMUC Final Acceptance 005 -05 3/26/2009 Publix at Ave Maria AMUC Preliminary Acc fence 026 -06 4/15/2009 Middlebrooke Townhomes AMUC Final Acce tance 025 -06 4/21/2009 Ave Maria Park of Commerce AMUC Final Acceptance 006 -06 4/2112009 Ave Maria North Sports Park AMUC Final Acceptance Ave Maria Arc Rd Extension and Anthem Parkway. AMUC Final Acce fence Del Webb Arnenitv Campus, AMUC Final Acceptance 008 -06 010 -06 003 -07 4/21/2009 4/24/2009 4/24/2009 5/29/2009 Pope John Paul II Blvd Phase 1 -3, AMUC Final Acceptance (Stipulated) Ellington Park Del Webb Parcels 101, 103,104,105, AMUC Final Acceptance (Stipulated) 011 -06 019 -06 007 -06 8/27/2309 7/2/2009 716/2009 AMU Under-graduate Housing Bldg #6 AMUC Preliminary Acceptance AMU Undergraduate Housing Bldg #8 AMUC Prelimina Acceptance Ave Maria Guest house AMUC Approval Del Webb Parcels 105 110 112 113 115 Del Webb Parcel 102, Rescinded Ave Maria Recreation Center Rescinded Ave Maria University G m /Store a Building, AMUC Approval Del Webb Parcel 105, Lots 11 -18 & 29-40 Insubstantial Chan a 002 -05 002 -05 018 -06 021 -06 020 -06 006 -07 003 -08 007 -06 7/24/2009 8/31/2009 8/10/2)09 9/2/2009 9/2/2009 9/13/2009 4/6/2010 6/22/2010 - 210.712 • Ver; 1 - MPERRY 03766-013 -M - PWRK - 32351 12h EXHIBIT F (Continued) W22/2010 - 215312 - Vw: 1 - AWERRY 0075&011003 -PWRK -32351 MEW Ave Maria ERP 2, AMU Undergraduate Housing Bldg fib, 6127/2008 Letter Modification -Application No. 080414 -9 Permit No. 11- 02336 -P Water Use Letter Modification Arthrex at Ave Maria Application No. 080324 -21 Permit No. 11 -02317 -W 7/2/2008 Ave Maria ERP 2 School of Law GP Modification Application No. 071214 -15 Permit No. 11- 02336 -P 7/3/2008 Ave Maria ERP 2 Recreation Center GP Modification Application No. 080109 -24 Permit No. 11- 02336 -P 2/2/2009 Ave Maria ERP 2, Cell Tower, Letter Modification Application No. 090109 -16 Permit No. 11- 02336 -P 3/11/2009 Water Use Letter Modification, Ellington Park Ave Maria ERP 2, Park of Commerce, Permit Extension (SB Application No. 090602 -15 Permit No. 11- 02317 -W 7/17/2009 360 ) Water Use Letter Modification, Del Webb Parcels 106, 110, Application No. 090911 -10 Permit No. 11- 02336 -P 9/11/2009 112,113,115 Application No. 090820 -8 Permit No. 11- 02317 -W 9/17/2009 Ave Maria ERP 2, Guest House GP Modification Application No. 090428 -1, Permit No. 11-02336-P 10/5/2009 12/7/2009 Ave Maria ERP 2 Ellington Park Sales & Model Center Application No. 090814 -15 Permit No. 11- 02336 -P Ave Maria ERP 2, Del Webb Sales & Model Center, GP 1/8/2010 Modification Application No. 090814 -14 Permit No. 11 -02336 -P Ave Maria ERP 2 Outfall Structures GP Modification Application No. 0903103 Permit No. 11- 02336 -P 6/5/2009 Ave Maria ERP 2, University Gym /Storage Building, GP 12/8/2009 Modification Application No. 091005 -1 Permit No. 11- 02336 -P Ave Maria ERP 2, Ellington Park Sales & Model Center Application No. 090814 -14 Permit No. 11 -02336 -P 1/8/2010 W22/2010 - 215312 - Vw: 1 - AWERRY 0075&011003 -PWRK -32351 1gA EXHIBIT G THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ORDER CONDITIONS Affordable Housing A. An affordable housing development known as Middlebrooke has begun development and occupancy. To date 48 units have been constructed at Middlebrooke. B. A 26.85 acre parcel of land has been provided to Habitat for Humanity of Collier County, Inc. (OR Book 3962, pages 3812 - 3815). C -G. Other affordable housing development order conditions will be addressed as the project progresses. Energy Conditions "A -R" have been met as required to date. Stormwater Management A. Initial exotic and nuisance vegetation eradication treatment has occurred onsite and at the offsite Camp Keais Flowway enhancement area. Additional exotic and nuisance treatment has occurred and ongoing maintenance treatments are scheduled. B. The ERP for Ave Maria, which includes all required supporting calculations, has been issued as Permit No. 11- 02336 -P. Several modifications to this permit have been issued as well. C. Both the required BMP's and water quality treatment permitting requirements have been incorporated into the approved Environmental Resource Permit and adopted as part of the on -going construction. D. An individual modification to ERP No. 11- 02336 -P (originally issued for the PDA phase) was approved on May 10, 2006 (Application No. 050412 -18) for conceptual and construction approval of the entire DRI site. Several modifications to this permit have been issued to accommodate for proposed development. E. A Water Use Permit for the remaining phases of the proposed development was issued on June 14, 2006 as Permit No. 11- 02560 -W. Modifications to the Water Use Permit have been issued to accommodate for proposed development. F. The construction of the stormwater management lakes and the continued on -site preserve maintenance is underway. The conservation easements for these preserve areas have been recorded. G. Best management practices are being employed by the applicant throughout the process of the ongoing development. H. Portions of the project site are currently under construction and the conditions relating to erosion control are being adhered to. I. Per Collier County Ordinance 90 -10, post - development run -off is limited to 0.15 cfs /acre. J. Stormwater management lakes including littoral zones constructed on slopes consistent with SFWMD and Collier County requirements are constructed and planted in accordance with SFWMD and County requirements. K. Annual inspections in accordance with the conditions of the approved ERP will be conducted and properly adhered to as required. 8122!2010.218312 - Vac 1 • MPERAY 037W-01 3-M - PW RK- 32351 12A L. Assurance that the proposed stormwater management system will not impact habitats of listed species was reviewed as part of the SFWMD ERP permitting process for the project site. M. Vacuum sweeping of common streets and parking areas is occurring. N. Ditch and swale slopes have been designed to minimize discharge. O. Grass stormwater treatment areas are being maintained. P. Under drain systems and grease baffles are in place around the Town Core. Q. Removal of mosquito - productive nuisance plant species, as part of Stormwater Management System maintenance, is included in pond maintenance. R. Conditions addressing isolated wading bird "pools" constructed in lake littoral zones have been designed into the system. S. All of the project construction complies with the BMP's and the Surface Water Pollution Protection Plan (SWPPP) in the approved ERP. T. The surface water management system, approved under SFWMD ERP No. 11-02339 - P, was designed to limit the discharge per Collier County Ordinance 90 -10. U. Enhancement/restoration activities to off -site areas are underway and continuing. Monitoring of hydroperiods will be performed as required by the approved SFWMD ERP. V. No action required of the permittee. W. The littoral planting species selection, the elevation strata, and the bonds issued relative to the survivability of the plantings have been approved as part of Collier County permitting. X. Upon completion of construction, operation and maintenance of all stormwater management lakes will be undertaken by Ave Marie Stewardship Community District. Y. The permittee will comply with all of the requirements of questions 10 & 19 and subsequent sufficiency round information provided in the ADA. Transportation Responses to Conditions A -L are addressed in the Transportation Monitoring Report, Exhibit H. Vegetation and Wildlife Additional wildlife information is included in the Wildlife Impact Evaluation Report, Exhibit I. A. Stewardship Easements for Stewardship Sending Areas one through six have been recorded in the Official Records of Collier County. These Easements run in favor of Collier County and the Department of Agriculture and Consumer Affairs of the State of Florida, and encompass approximately 17,000 acres B. The State of Florida Fish and Wildlife Conservation Commission issued Permit No. WX05444 for the Audubon's Crested Caracara on October 7, 2005 The USFWS review and approval of the project's plans for caracara is contained in the Biological Opinion, USFWS Log No. 4- 1- 04- PL- 6866 -R3 C. A pre - construction survey was conducted and Florida burrowing owls nests were found. The State of Florida Fish and Wildlife Conservation Commission issued Permit No. WN05473 on November 7, 2005 authorizing the permittee to destroy inactive Florida burrowing owl nest burrows within active construction areas. Collier County approved a wildlife management plan for the Florida burrowing owl that will be shown on construction plans for contractors to review for construction purposes. 6122J2010 - 216312 - Vw 1 - MPERRY 03786913-003 - PWRK -. 32351 2 12A D. USFWS reviewed project details and opted not to require an indigo snake protection plan for the project site. E. The develop has preserved and completed restoration (recontouring, planting and exotic eradication) of 62 acres of wetlands as shown on the Master Development Plan (Map "HI. Ongoing exotic and nuisance vegetation treatments are scheduled. Permanent conservation easements have been recorded. F. Initial exotic vegetation has been treated outside (west) of AMU within the North and South farm fields. Ongoing exotic and nuisance vegetation maintenance treatments have occurred and future treatments are scheduled. Planting of native trees has occurred. The recruitment of additional native wetland species has also occurred. G. The locations, habitat types, and extent of the set asides were determined by the applicable agencies through a Section 7 Consultation. Panther set asides have been finalized, recorded and accepted. H. The permittee will comply with all of the requirements of questions 12 & 13 and subsequent sufficiency round information provided in the ADA. Wastewater Management/Water Sunnly A. Ultra -low volume water plumbing fixtures, self- closing and/or metered water faucets, xeriscape landscape techniques, and other water conserving devices and /or methods will be adhered to as required by the public water supply permit issued by SFWMD. B. Verification that the proposed plumbing and irrigation system designs conformed to District criteria was completed as part of the Water Use permitting. C. Ave Maria Utility Company, LLLP reviews and approves all required items prior to commencement of construction. D. Potable water facilities have been constructed and are currently sized for Phase I development plus fire flow. E. Reclaimed water (with raw water supplements) is being utilized for irrigation purposes. F. Irrigation systems are equipped with rain or moisture sensors. G. A licensed drilling contractor has properly plugged and abandoned agricultural wells located within the developed portion of the project site. H. Water saving plumbing devices are being used as required by the current building code. I. Golf course irrigation is in accordance with SFWMD consumptive use permits. J. Ave Maria Utility Company is providing water, wastewater service and reclaimed water. K. All BMP's approved as part of the SFWMD ERP are being adhered to. L. The permittee will continue to comply with all of the requirements of questions 10, 14, 17 & 18 and subsequent sufficiency round information provided in the ADA. Historical Archaeological Site A. The property owner is currently working with the Seminole Tribe on the design and location of a historical marker commemorating Second Seminole War activities. Timeframe for completion is estimated to be 2012. Education A. The Developer has dedicated an approximately 46 -acre site within the Town of Ave Maria for the elementary and middle school. (OR Book 4383, pages 0114 - 0118). M22=101 21$312 - V¢ 1 - MPERRY 03766 -013.003 - PWRK - 32351 3 12A B. Additional coordination is occurring with the school district on the dedication of an off - site high school site of approximately 60 acres. C. The developer will continue to comply with all of the requirements of questions 10 and 27 and subsequent sufficiency round information provided in the ADA. Police and Fire Protection A. As buildings are constructed, any locations using, displaying or handling hazardous material /waste will be constructed in accordance with this requirement. B. Provision will be complied with when applicable. C. The Developer is continuing to work with Collier County Sheriff's office, Immokalee Fire Control District, and Collier County Emergency Management on the development, building and funding of a multi - purpose public safety center. D. Fire flows are provided through the potable water distribution system. E. On- campus security at the University is ongoing. F. The Developer continues to coordinate with the Collier County Sheriff's office on a wide range of security measures. G. A temporary public safety facility is operational and is located west of Ave Maria Blvd and north of the Ave Maria University campus. The 3 -acre site for a joint facility to house EMS, Fire and the Sheriff and the one -acre site for government buildings have been reserved on site but have not yet been dedicated. Solid /Hazardous /Medical Waste A. The project will abide by applicable County recycling requirements. B. At such time as buildings are constructed, any locations using, displaying or handling hazardous material /waste will be constructed in accordance with this requirement. C. Hazardous waste effluent is not discharged into the sewage system. D. Development is compliant. E. Off -site disposal of hazardous waste is the responsibility of the business generating said waste. Local and state regulations will be adhered to. F. Businesses will comply with local and state regulations. G. Applicable state and local regulations will apply if natural gas is utilized. H. Local restaurants will comply with the County's grease trap ordinance. 1. All medical or hazardous waste generator/business will comply with Florida law (64E -16 and 62 -730, F.A.C.) 8/2y2010 - 218312 - VW: t . MPERRY 03788-013-003 - PW RK - 32361 4 12A EXHIBIT H THE TOWN OF AVE MARIA BIENNIAL TRANSPORTATION MONITORING REPORT The Ave Maria Development Order (DO) 05 -01, requires the submission of a Biennial Monitoring Report to Collier County, Florida Department of Transportation (FDOT), Florida Department of Community Affairs (DCA), and Southwest Florida Regional Planning Council for review and approval. The DO Transportation conditions are listed below, in their entirety in italics, followed by the developer's response in bold. 4. TRANSPORTATION A. The applicant or his successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Town of Ave Maria DRI, including project access points on Oil Well Road (CR 858) and Camp Keais Road as well as secondary access connections to Camp Keais Road. Site related roadway improvements, including those required by Collier County related to access points on Oil Well Road and Camp Keais Road have been approved, permitted and constructed. B. The Application for Development Approval Transportation Analysis (Question 21) indicates roadways that may that the Town of Ave Maria will significantly impact the following regional operate below adopted level of service standards at some time during buildout of the project 12A No analyses of these segments is required as part of the 2010 Monitoring Report. Please See Sections 4.G and H. below. C. The Application for Development Approval Transportation Analysis (Question 21) indicates that the Town of Ave Maria will significantly impact the following regional intersections that may operate below adopted level of service standards at some time during buildout of the project. INTERSECTION PROGRAMMED ESTIMATED ADDITIONAL IMPROVEMENT Immokalee Rd. at I -75 IMPROVEMENT SB OnlOff Ramp None Change One EBL into an Immokalee Rd. at I -75 EST NB On /Off Ram Immokalee Rd. at Oakes Blvd. +1 EST + 1 WBT + 1 EBL + 1 WBL Immokalee Rd. at Wilson Blvd. +2EBT +2WBT +WBR +1NtBR + re- stripe NBL to Immokalee Rd. at None Signalize + 1 NBT + 1 SBT Cam Keais Rd. + 1SBL Immokalee Rd. (1st. St.) at SR 29 (Main None + 1 EBL + 1WBL St. Fifteenth (SR 29) None at Lake Trafford Rd. + 1 NBT + 1SBT + 1 WBR Oil Well Rd. at Ever lades Blvd. None Signalize Oil Well Rd. at Ave Maria Entrance None Signalize + 1 EBL Oil Well Rd. at Camp None Keais Rd. Signalize Oil Well Rd. at SR 29 None Signalize T1 NBL + 1 NBT Camp Keais Rd. at + 1 SBL +1 SBT + 1 EBL Ave Maria Entrance None Signalize + 1 NBL Collier Blvd. at Pine Rid Rd. None + EBT + 1 NBL + 1 NBT + 1SBT No analyses of these Intersections Is required as part of the 2010 Monitoring Report. Please See Sections 4.G and H. below. D. The Developer shaft provide its proportionate share of the costs of necessary roadway and intersection improvements in Paragraph 4.B. and 4.C. including, but not limited to, right -of -way, costs of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service, through the payment of legally adopted road impact fees. Improvements to the facilities outlined in Paragraph 4.B. and 4.C, above will be necessary at the time that a road segment or intersection is expected to operate below the level of service standard (LOS) adopted in the Collier County Growth Management Plan (GMP), or shall be 2 12A programmed for construction within three years of that time. If the road segment or intersection is not operating at the County's adopted LOS standard and the Town of Ave Maria is contributing five percent (5 %) or more of the P.M. peak hour directional service volume at that LOS standard, then except as otherwise provided for in paragraph E. below, no additional building permits shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3423, F.S. incorporated into the D. 0. ensuring completion concurrent with impacts; p • d) the subject of a binding commitment from Collier County ensuring completion concurrent with impacts incorporated into the D. 0.; e) the subject of a binding commitment by the County in the current three years of the Schedule of Capital Improvements of the Capital Improvement Element (CiE); or i) the subject of a binding and enforceable commitment by the developer or his successor or assigns, to provide the improvement concurrent with impacts. Any combination of the above, which ensures that the improvement is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. The Developer and the County have entered into binding Developer Contribution Agreement (DCA) as provided for in paragraph E. below, that pipelines certain improvements that, per agreement, satisfy the Intent and conditions of this paragraph. E. In order to make adequate provision for the mitigation of the project's impacts on the transportation facilities, the alternative innovative mitigation strategy identified herein is based upon the applicable standards and proportionate share criteria set forth in 9J- 2.045, F.A.C. and is intended to comply with the intent and purpose of Chapter 380, Florida Statutes. In developing this public - private mitigation strategy, consideration has been given to the project's overall potential to enhance educational opportunities, to promote economic development in the region, to further other local and state planning goals dealing with rural land stewardship concepts, to the use of innovative solutions that provide equal or better protection, and to the appropriate use of essential transportation planning and programming solutions that further the capital improvement process. As an alternative to the requirement of Paragraph D. above, the developer, or its successor or assigns, will pay a proportionate share contribution, calculated consistent with the formula in Paragraph 9J- 2.045(1)(h), FA. C., to Collier County for the improvement(s). Collier County and Developer entered into a Developer Contribution Agreement on April 26, 2005, a copy of which is attached as Exhibit rD ; that provides for the payment of Developer's proportionate share. A portion of the proportionate share payment shall be applied to the construction of Oil Well Road from Immokalee Road to Camp Keais Road, after which the remaining proportionate share shall be applied only to improvements to one or more of the significantly impacted roadways or intersections. Collier County has deemed the multi - laning of Oil Well Road and commitments to assist with improvements to the other road segments specified in the Developer Contribution Agreement to be a reasonable alternative which, if constructed, will reduce trafi!c volumes on one or more of the listed segments. A portion of, or all of, the applicant's, or its successor's or assigns, proportionate share contribution is being provided through the Developer's, or its successor's or assignee's, payment of Collier County road impact fees, through the donation, without credit for road impact fees of the following: (1) road right -of -way (valued at $7,800,000), (2) stormwater management right -of -way (valued at $1,950,000), and (3) fill material at cost savings (valued at $11,000,000), for future improvements to Oil Well Road, portions of Immokalee Road and Camp Keais Road, and through any other contributions included in the Developer Contribution Agreement, including, but not limited to, the advanced payment of road impact fees and design /engineering services and permitting services fees (estimated to be $6,000,000). No additional building 3 12A Permits shall be issued unless the County receives proportionate share payment and there is a commitment to use the contribution for the construction of a needed transportation improvements. Any delay in payment or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change, The Developer and the County have entered into a binding Developer Contribution Agreement (DCA) as provided for in this paragraph that pipelines certain improvements that, per agreement, satisfy the intent and conditions of paragraph D. above. The DCA commitments outlined in this condition either have, or are In the process of being fulfilled as part of the joint public - private partnership with Collier County in the design and construction of Oil Well Road pursuant to the terms of the adopted DCA. To date, the following commitments have been either fulfilled or initiated: ❑ Oil Well Road Design Services - $7.41M ❑ Right -of -way Donated — All right -of -way contemplated in the DCA, totaling155 acres, has been donated to Collier County ❑ Roadway Fill Material — Conditional Use approval has been obtained for the South Grove Lake parcel that will be the source of the fill needed for Oil Well Road and similar projects ❑ Road Impact Fees Paid - $9.497m ❑ Stormwater Management Infrastructure for Multi - laning Oil Well Road — Portions of the stormwater management Infrastructure to accommodate the portion of the multi - laning of Oil Well Road adjacent to the DRI have been provided both within the DRI and off -site on lands adjacent to the roadway ❑ Stormwater Management Infrastructure for Multi- laning Camp Keais Road — Land for the stormwater management infrastructure to accommodate the portion of the multi - laning of Camp Keais Road adjacent to the DRI has been provided on -site F. In order to ensure a continuous payment stream of the proportionate share contributions anticipated by the Developer Contribution Agreement, and in recognition of the commitments in the Developer Contribution Agreement, and in a manner that ensures consistency with the Growth Management Plan's Concurrency Management System, Collier County has committed to reserve to the AMSCD sufficient roadway capacity within the Concurrency Management System for use by the project pursuant to the Interlocal Agreement (Exhibit "E'j executed on April 26, 2005. This Is a statement of fact and does not require any action by the Developer as this is a County commitment regarding reservation of roadway capacity within the Concurrency Management System. G. To determine the project impact on regional facilities, a biennial monitoring report shall be submitted to Collier County, Florida Department of Transportation Florida Department of Community Affairs (DCA), and SWFRPC for review and approval. At a minimum, except as provided for in 4. H., below, the report shall provide the following: 1. A summary of construction and development activities to date, in the categories of development as recorded in the development order; 0 m D r m m O O. d E CL O D Oy G E E N 1 _a F m 2 c m °c m 2 m m4 0 m m ti 0 n 0 ro 0 D M Q C _Or V L U c 2 W Q O t, m E E 7 n 1 a :7 D m .q m 3 S m N S[ m e m m 3 Y! c u a >b m c m c m v' m m 0 E E m m £ O m b 0 u c m m t b� m s F m e� m` m � O m O q b A ,e r m N m m t � m" cm 6� S m Q_E 0 o� zy Iz Yp S c 0 c g O x E E j D $U C1E y E E" 019 m D O oc N Rte^ v o�� EED �E� w m E e 12A 12A 2. An estimate of the p.m. peak hour trip generation and turning movements at each of the project's access points; TABLE G.2.A. - Existing p.m. peak hour project trip generation and turning movements - Oil Well Road Entrance. TABLE G.2.6. - Existing p.m. peak hour project trip generation and turning movements — Camp Keels Road Entrance. 3. An estimate of p.m. peak hour (project] trips assigned to each road segment identitred in Paragraph 4.B.; See note following #5. below. 4. An estimate of p.m. peak hour (project] trips at the off -site intersections listed in Paragraph 4. C.; See note following #5. below. 5. A calculation of the existing peak hour level of service for the facilities listed in paragraphs 4.B. and 4.C. above. Section H. of the Development Order provides for a "payment in lieu" option as an alternative to providing the data and analysis required by Section G.2 -5. Collier County and the Developer agreed to a partial payment, as an alternative to submitting the data and analysis for every other reporting period. Per the arrangement with Collier County, the data analysis was provided in 2008 and will next be reported in 2012, etc. All other conditions specified in 4.G. are being reported herein. 6. An estimate of the level of development expected to be added by the project for the forthcoming two years; 1 2 Over the next several years, the market will dictate the level of development that will occur, and that is something that the developer Is unable to predict. As can be seen in the response to paragraph G.1. above, certain development has been approved /permitted but has not yet been constructed. As was the case between the 2008 and this 2010 report, it is likely that some of the approved but un -built development inventory will be Included in the next development to come "on- line" during the coming period. Additionally, a number of parcels have been sold to both residential and commercial developers and each Individual developer's pro forma will dictate when development approvals will be sought, and when development will actually commence. 7. The status of the road improvements committed to in the development order, addressing any deviations from the schedule for making such improvements, Commitments made by the developer either have been, or are in the process of being fulfilled as part of the terms and conditions contained in the DCA. Design and permitting for the multi - laning of portions of Oil Well Road has been completed, and construction of two segments of Oil Well Road is currently underway. 8. The amount of total external traffic and the proportion of traffic that is retained internally to the site and that which is accessing the external road network, Using the ITE p.m. peak hour trip generation rates established in the DO and as summarized In G.I.B. above and applied to all development constructed to date, the total number of trips has been calculated as 1,379. As can be seen in the table below, the original estimate of 62/o internal capture used in the Ave Maria ADA traffic assessment would yield 523 external trips. Traffic counts taken in June 2010 (adjusted to peak season) at both project entrances indicate a p.m. peak hour total of 229 trips, or only 17% of the ITE calculated trips being external and yielding an Internal capture rate of 83%. Traffic count data is provided in the Appendix. Table G.8. — Internal and External Project Traffic 1,379 62% 38% 523 241 282 229 63 166 1,379 83% 17% 229 9. The status of `walkable community" planning principles related to efficient pedestrian and bicycle movement within the development, including numerical indicators against which goals can be measured, such as. number of motorized vehicles in the outside lane, vehicle speed, lane conditions, existence of sidewalks, etc.; 7 12A The Town of Ave Maria has been designed In a manner that is consistent with "walkable community" planning principles. In addition to a 12' wide multi -use pathway adjacent to the entrance road, the internal local and collector streets within the project incorporate sidewalks, and are generally designed to be low- speed /volume to facilitate bicycle use in the travel lanes (as opposed to dedicated bike lanes which are more common and necessary feature of high speed /volume facilities). In addition to the walk - friendly town center and core, the Town of Ave Maria Is centered on a pedestrian - friendly university setting that further enhances non - motorized travel. At this early stage of development/occupancy, certain measurable goals can not be developed and /or measured, beyond the identification of the presence of sidewalks /pathways on local streets and the main entrance road(s), and roadways designed to minimize speeds. We would anticipate as occupancy, and thus travel, grows In the future, research can be conducted to evaluate the success of the Town's walkable design principles, Including the measurements of vehicle speeds, and the use of facilities by pedestrians and cyclists. 10. A status report on achieving inter -modal links and access to transit and the use of transit throughout major corridors, including numerical indicators against which goals can be measured, such as: modal split, annual transit trips per capita, buses per hour, or auto occupancy rate; and Due to the limited amount of development and occupancy at this early stage, no decision has been made to date as the development of transit service within or connecting to the Town of Ave Maria. Transit stops and access points can be accommodated within the town plan if and when the County elects to run service into the Town of Ave Maria. The developer will coordinate with Collier Area Transit as to the appropriateness of such service, and to what extent the developer can help facilitate service to and through Ave Maria. 11. A report that assesses the extent that development protects and/or threatens biodiversity and wildlife in the County and Region, including numerical indicators against which goals can be measured, such as: number of wildlife crossings included in road widening plans, number of acres of land set aside for preservation and protection of wildlife, number of species found in the area, use of habitat maps to predict the number of panthers in the area, use of habitat maps to predict travel patterns of panthers in the area, use of GIS maps to identify ecological hotspots. See attached companion Exhibit I entitled Ave Maria University and Town Wildlife impact Evaluation Report 2. H. As an alternative to collecting peak hour traffic data and analyzing the LOS for roadway segments and intersections identified in Paragraphs 4.8. and 4.C. required by Paragraph 4.G. above, the developer and Collier County may consider an appropriate contribution for the construction of permanent traffic counting stations that would be turned over to Collier County for operation and maintenance. These stations would become part of an integrated network of count locations that would provide continuous monitoring capabilities. Data collected by these stations and other stations within the area of influence would be made available to the 12A developer in the preparation of the biennial monitoring reports. In the event such data reveals a potential deficiency, any further data collection and analysis would be the responsibility of the developer. This section of the Development Order provides for a "payment in lieu" option as an alternative to providing the data and analysis required by Section G.2-5. As mentioned previously, Collier County and the Developer agreed to a partial payment, as an alternative to submitting the data and analysis for every other reporting period. Per the arrangement with Collier County Transportation Division, the data analysis was provided In 2008 and will next be reported in 2012, etc. All other conditions specified in 4.G. are to being reported herein. I. The applicant shall install permanent traffic count stations on all project entrance roads. The equipment will be owned and maintained by the applicant or his successor or assigns. Permanent traffic counters have been installed on Ave Maria Boulevard and Oil Well Road at the main project entrance, and will soon be installed on Pope John Paul II Boulevard at Camp Keais Road, the second project entrance, as part of the approved Site Development Plans (SDPs). J. The applicant shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County by providing for the facilities required by the Land Development Code or as may be required by the Comprehensive Pathway Plan that make appropriate linkages to the DRI internal pathways network. Also, the applicant may consider future connection to the proposed FPL Trail, which could enter the Town of Ave Maria from the north in the vicinity of the proposed park/school or northeast via Camp Keais Road. The applicant has designed the Town of Ave Marie in manner that promotes efficient pedestrian and bicycle movement within and between the community's components. All Internal land use components have been designed and permitted pursuant to the County approved street and pathway standards for the Town. If and when the proposed FPL Trail becomes a reality, the developer will consider a future connection. K. The applicant shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. The location of bus stops and transit access points shall be planned and integrated with the Town's bicycle and pedestrian plan. Roadways within the town have specifically been designed to accommodate transit service. Specific stops and access points can be accommodated if and when the County elects to run service into the Town of Ave Maria. The developer will coordinate with Collier Area Transit as to the appropriateness of such locations. L. The Collier County Board of County Commissioners may consider options to the conditions of this Development Order to the extent that the options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. 0 Whatever options are exercised, may be done without amending this Development 2A however, shall be done with the understanding that the following conditions shall be met r� 1. The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of impact fees and /or a proportionate share. 2. No development will be permitted beyond that approved for termination of the Development Order (Year 2020) or based on a land use conversion that exceeds substantial deviation thresholds until such time as a Notice of Proposed Change /Substantial Deviation application including a cumulative transportation analysis has been reviewed and approved in accordance with Chapter 380.06(19), Florida Statutes. To date, no alternative development order transportation conditions have been considered. 10 12A APPENDIX 11 N Intersection Name: Aw Maria Blvd N of Oil Well Rd Start Dab: 6/28010 Start Tinre: 12A0:00 PM Bite Coda: 130130900000 Station ID: 030002121100 Loealbn 1: AVE MARIA MO OIL WELL RD. Location 2: NAPLES, FLORIDA Date Time 2 ' 6012010 12:00 PM 13 13 26 6!1/2010 12:15 PM 8 7 15 622010 12:30 PM 15 7 22 622010 12:45 PM 8 11 19 8/2/2010 01:00 PM 8 14 22 822010 01:15 PM 9 11 20 602010 0130 PM 4 7 11 622010 01:45 PM 10 12 22 622010 02:00 PM 8 11 19 822010 02:15 PM 7 7 14 622010 02:30 PM 11 11 22 688010 02:45 PM 12 13 25 628010 03:00 PM 10 9 19 628010 03:15 PM 17 10 27 62@010 03:30 PM 9 19 28 622010 03:45 PM 11 11 22 628010 04.00 PM 7 18 25 688010 04:15 PM 4 11 15 6812010 0430 PM 22 6010 0445PM 682010 05,00 PM .` :• - s „ _,.. 32 688010 0515PM 622010 05130 PM 10 10 20 622010 05,45 PM 8 13 21 fi2J2010 0890 PM 9 9 18 620010 06:15 PM 6 6 12 6OM10 06:30 PM 5 4 9 622010 06:45 PM 6 1 7 622010 07:00 PM 5 6 11 622010 07:15 PM 9 5 14 622010 07:30 PM 5 6 11 622010 07:45 PM 6 8 14 622010 08:00 PM 2 2 4 62/2010 08:15 PM 5 4 9 622010 08:30 PM 1 5 6 62010 08:45 PM 2 1 3 622010 09:00 PM 1 0 1 622010 09:15 PM 2 0 2 622010 0930 PM 1 2 3 822010 09:45 PM 5 1 6 6/22010 10:00 PM 3 2 5 602010 1 0:15 PM 2 2 4 822010 10'30 PM 0 1 1 622010 10:45 PM 2 0 2 62/2010 11:00 PM 1 0 1 622010 1115 PM 2 2 4 60MIO 11:30 PM 2 0 2 602010 11 AS PM 0 0 0 8/32010 12:00 AM 0 0 0 6r312010 12:15 AM 1 0 1 632010 1230 AM 0 1 1 8r'J2010 12:45 AM 2 0 2 6/30010 01:00 AM 1 1 2 650010 01 :15 AM 0 0 0 &32010 01:30 AM 0 0 0 632010 01:45 AM 1 1 2 6/32010 02:00 AM 0 0 0 6132010 02:15 AM 0 0 0 632010 02:30 AM 0 0 0 6/312010 02:45 AM 1 0 1 WWI0 03:00 AM 1 0 1 6/32010 03:15 AM 1 0 1 832010 03:30 AM 0 1 1 632010 03:45 AM 0 1 1 6/312010 04:00 AM 0 0 0 632010 04:15 AM 0 1 1 6/32010 04:30 AM 0 2 2 6r'J2010 04A5 AM 0 0 0 32 &010 05:00 AM 0 0 0 0132010 05:15 AM 1 2 3 61312010 05:30 AM 2 2 4 &30010 05:45 AM 1 3 4 6/32010 06:00 AM 1 1 2 6132010 06:15 AM 4 2 6 61312010 06:30 AM 6 4 10 632010 0645 AM 13 4 17 6132010 07:00 AM 2 5 7 632010 07.15 AM 12 0 12 61312010 07:30 AM 18 8 26 6/312010 07:45 AM 24 10 34 61312010 08:00 AM 12 12 24 6132010 08:15 AM 10 5 15 W=10 06:30 AM 24 4 28 8/312010 08:45 AM 22 9 31 6/32010 09:00 AM 18 6 24 &32010 09:15 AM 22 4 26 &30010 0930 AM 11 9 20 320 610 09.45 AM 7 8 15 632010 10:00AM 11 9 20 6132010 10:15 AM 12 18 28 61321110 10;30 AM 6 6 12 32 8010 10:45 AM 16 10 26 61312010 11:00 AM 9 9 18 632010 11 15 AM 11 8 19 6132010 11-30AM 10 5 15 6/32010 11:45 AM 17 8 25 613 569 1182 ao M. Fm to a a a a a a a a a a a a °° o 0 0° o g o ° °° -. Ave Maria Blvd. 96 4 96.25% 3.75% L 12.50% 4 28 87.50% Oil Welf Road 12A ^^– ^antenna N8 — Umne 56 Total Note: Turning Movement distibubois were established by TMCs taken on May 26. 2010 by Wilsowaler. Inc. 2444our Directional Counts taken by FTE, Inc. June 2 6 3, 2010 W Imenection Nam: Pope John Blvd IN of Camp Kann Start Oats: 6/22010 Start Time: 12:00:00 PM SRO Coda: 130017020000 Station 10: 030001321100 LocaOOn 1: POPE JOHN BLVD VAO CAMP KEARS Location 2: NAPLES, FLORIOA Dale Time 622010 12:00 PM 5 6 11 622010 1215 PM 11 14 25 622010 1230 PM 7 6 13 622010 1245 PM 16 6 22 22 6010 0100 PM 10 8 18 622010 01:15 PM 7 8 13 622010 01.30 PM 5 2 7 622010 01:45 PM 8 14 22 622010 02:00 PM 11 3 14 6212010 02:15 PM 2 4 6 61212010 02:30 PM 8 10 18 6122010 02:45 PM 4 5 B 622010 0300 PM 6122010 03 15 PM - 6/22010 03:30 PMq., -. 622010 03AS PM • a -:_ 622010 04:00 PM 8 5 13 622010 04:15 PM 10 6 16 622010 04:30 PM 10 3 13 622010 WAS PM 5 7 12 622010 05:00 PM 9 1 16 622010 05:15 PM 12 5 1 Y 6722010 05:30 PM 5 6 11 62/2010 05:45 PM 5 1 6 622010 06:00 PM 4 6 10 622010 06:15 PM 4 3 7 622010 06:30 PM 5 6 11 622010 06:45 PM 3 4 7 622010 07:00 PM 5 4 9 622010 0775 PM 2 2 4 622010 0730 PM 1 3 4 622010 07:45 PM 4 2 6 622010 08:00 PM 5 2 7 622010 08:15 PM 3 1 4 6212010 06:30 PM 0 1 1 622010 08;45 PM 0 4 4 622010 09:00 PM 2 1 3 0112010 09:15 PM 0 2 2 622010 09:30 PM 1 0 1 822010 09:45 PM 0 1 1 822010 10100 PM 1 1 2 &22010 10:15 PM 0 0 0 622010 10:30 PM 0 0 0 622010 WAS PM 0 1 1 22 6010 11:00 PM 0 0 0 622010 11:15 PM 1 0 1 622010 11:30 PM 0 0 0 622010 1145 PM 0 1 1 6732010 12:00 AM 0 0 0 6/32010 1275AM 0 0 0 6/32010 12:30 AM 0 0 0 6/32010 12:45 AM 0 0 0 6/312010 01.00 AM 0 0 0 6/3/2010 01:15 AM 0 0 0 81320/0 01:30 AM 0 0 0 61.22010 01:45 AM 0 0 0 6/22010 02:00 AM 0 0 0 61312010 0215 AM 0 0 0 6'3/2010 02:30 AM 0 0 0 67312010 0245 AM 0 0 0 6/312010 03:00 AM 0 0 0 6/312010 0375AM 0 0 0 6132010 0130 AM 0 0 0 6132010 03:45 AM 0 0 0 6/372010 04;00 AM 0 1 1 6/32010 04:15 AM 0 0 0 6732010 04:30 AM 0 0 0 6/3/2010 04:45 AM 1 1 2 6!311010 05:00 AM 0 0 0 61312010 05:15 AM 0 0 0 6132010 05:30 AM 1 7 8 613/2010 05:45 AM 1 4 5 6!372010 06:00 AM 0 3 3 61371010 06:15 AM 1 5 6 6132010 06:30 AM 3 8 11 6/3/2010 08:45 AM 3 7 10 6/22010 07:00 AM 4 10 14 6132010 07:15 AM 8 4 12 6132010 0730AM 6 22 28 6/312010 07:45 AM 10 11 21 6732010 08:00 AM 17 6 23 61&2010 06; 15 AM 7 7 14 6/3/2010 08;30 AM 6 2 8 6121010 08:45 AM 3 7 10 6732010 09:00 AM 6 13 19 6/32010 0?15AM 6 3 9 6/32010 09:30 AM 4 9 13 67312010 09:45 AM 10 6 16 61372010 1000 AM 9 11 20 6132010 10:15 AM 12 19 31 6/3/2010 10:3D AM 8 11 19 6/3/2010 10:45 AM a g 17 67372010 11:00 AM 3 8 17 6132010 11;M 15 A 11 9 20 6132010 11.30 AM 7 18 23 6/22010 11 e5 AM 17 9 26 425 423 848 3S 10 8 8 0 8 a a a a a a a a a a a a a o a o 9 o g g o S .... o o g o 0 o g g o o ffi o Camp Koala Road 26 100% 52 98% 2 4% Pope John Paul 11 Blvd. 0 — EAting E6 ��Entning WE Tway Total Note Turning Movement disbbubons were established by TMCS taken on May 26. 2010 by YAlsonUdler, Inc 24 -How Oirecbonal Counts taken by FTE. Inc June 2 8 3, 2010 12A ® 1,2A Wilsonmiller New Directions In Planning, Design & Engineering EXHIBIT I Ave Maria University and Town Wildlife Impact Evaluation Report 2 For Compliance with Item G.11 of the Development Order for the Town of Ave Maria Prepared for: Ave Maria Development, LLLP 2600 Golden Gate Parkway, 2nd Floor Naples, Florida 34105 Prepared by: WilsonMiller, Inc. 3200 Bailey lane Suite 200 Naples, Florida 34105 June 2010 Offices strategically located to serve our clients 800.649.4336 wilsonmiller.com TABLE OF CONTENTS 1. INTRODUCTION 12A J, , ................................. 2. SURVEY METHODOLOGY .................... ............................... ............... ............................... """" 3. RESULTS AND DISCUSSION 5. SUMMARY AND CONCLUSIONS .... ..........." " " " " " " "'• "••• " " " """ TABLES Table 1 — Data and Observations for Roadkill Recorded on Oil Well Road from Camp Keais Road to Everglades Blvd. Table 2 - Data and Observations for Roadkill Recorded on Camp Keais Road from Oil Well Road to Immokalee Road Table 3 — Roadkill Species Recorded, May 12 -21, 2010 Table 4 - Collier County Average Daily Traffic (ADT) Data GRAPHS Graph 1 — Frequency Distribution for Cumulative Roadkills Recorded on Camp Keais Road Graph 2 — Frequency Distribution for Cumulative Roadkills Recorded on Oil Well Road from Camp Keais Road to Everglades Boulevard. EXHIBITS Exhibit 1 — Wildlife Impact Evaluation Location Map Exhibit 2 - Cumulative Roadkill Locations Along Oil Well and Camp Keias Road (2010) Exhibit 3 - Copy of Page 40 from the 2006 East Collier County Wildlife Movement Study SR 29, CR846, and CR 858 Wildlife Crossing Project (data collected over 9 month period during a total of approximately 90 surveys Exhibit 4 - Proposed Wildlife Impact Evaluation Protocol 6W=10 - 21&W - Vw, 1 - Wow 037WO13.OM - PW Pd( - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 1 1. INTRODUCTION During May 2010 WilsonMiller ecologists Bruce Layman, Tom Trettis, and Craig Schmittler performed the field data collection for the Wildlife Impact Evaluation as required by Transportation Condition G.11 of the Development Order for the Town of Ave Maria. This report documents the results of that evaluation. 2. SURVEY METHODOLOGY The methodology used for gathering roadkill data for this study followed many of the same standards reported in the East Collier County Wildlife Movement Study SR 29, CR846, CR 858 Wildlife Crossing Project, by Reed F. Noss, Ph.D and Daniel J. Smith, Ph.D., December 2006. The above - mentioned Study involved seven sections of roadways in eastern rural Collier County, whereas this Wildlife Impact Evaluation includes just two sections of roadway: 1. Camp Keais Road from Immokalee Road to Oil Well Road, and 2. Oil Well Road from Camp Keais Road to Everglades Boulevard. There is no baseline data for Camp Keais Road in the Noss and Smith study mentioned above. There is also no baseline data available for a portion of the Oil Well Road section in the area from Oil Well Grade Road to Everglades Boulevard. The Noss and Smith study was conducted over a period of nine months with over 90 surveys. This study occurs over a period of two weeks with three surveys conducted per week. Data was collected for the road surface and immediate shoulders from a vehicle traveling no faster than 40 mph. Parameters recorded include: date and time of day of data collection, the GPS location of each roadkill, species of roadkill, approximate age if discernable, traffic lane direction, animal direction of travel if discernable, and lunar phase and weather conditions since the last data collection event. After data collection, each roadkill item was marked with orange or red paint to avoid double counting. 3. RESULTS AND DISCUSSION Table 1 below lists the field data collected along Oil Well Road from Camp Keais Road to Everglades Boulevard, and Table 2 below lists the field data collected along Camp Keais Road from Oil Well Road to Immokalee Road. Table 4 below lists average daily traffic (ADT) counts at stations along Camp Keais Road and along the far western end of Oil Well Road just east and west of the Big Cypress Elementary School. Roadkill data was collected three days per week over a two -week survey period. The data in Tables 1 — 3 represents observations made in 2010, whereas the data in Graphics 1 & 2 represents the i 2a Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 11 6X73@010 - 21 &M - Var t - Smr_ 6.0 037813 -003 - PW RK . 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 2 cumulative total of observations beginning with the 2008 survey effort. The source data for the graphics are located in WilsonMiller Document No. 218605. Table 1 — Data and Observations for Roadkill Recorded on Oil Well Road from Camp Keais Road to Everglades Blvd, May 2010. Date Time Moon Weather – Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/12/10 0943 New Wind approx E 2617.6063 Glass 1 -2 days moon 5 -10 mph, lizard 70s, clear skies 81 31.7205 05/12/10 0943 New moon Wind approx 5 -10 mph, E 2617.6063 Red rat 0 -1 Hour 70s, clear snake skies 81 31.7093 05/12/10 1102 New moon Wind approx 5 -10 mph, W 26 17.6446 Glass 1 -3 days 70s, clear lizard skies 81 27.9430 05/12/10 1110 New moon Wind approx 5 -10 mph, W 2617.6298 Hawk— 70s, clear i 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 3 Date Time Moon Weather — Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/19/10 0912 Waxing Wind 0 -3 E 2617-6233 Toad 12 -24 Hours Crescent mph, 82 Clear skies 81 29.6133 05/19/10 0925 Waxing Wind 0 -3 E 26 17.6250 Toad(s) 12 -24 Hours Crescent mph, 82 Clear skies 81 29.5400 2 05/19/10 0938 Waxing Wind 0 -3 E 2617-6250 Unident. 12 -24 Hours Crescent mph, 82 Clear skies 8129.2783 Frog 05/19/10 0945 Waxing Wind 0 -3 W 26 17.6250 Com 12 -24 Hours Crescent mph, 82 Snake Clear skies 81 29.2383 05/19/10 0950 Waxing Wind 0 -3 E 2617.6250 Leopard 12 -24 Hours Crescent mph, 82 Frog Clear skies 81 29.2367 05/19/10 1010 Waxing Wind 0 -3 E 2617-6617 Toad 12 -24 Hours Crescent mph, 82 Clear skies 81 26.5750 6'0912010 - 218M - Vw,, 1 - SM11w 0378fr013 -= - PW RK - 32351 Direction of travel of animal South 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 4 Date Time Moon Weather — Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/20/10 0930 Waxing No Wind, E 2617.6250 Toad & 12 -24 Hours Crescent 81, Clear unident. Skies frog 81 29.4900 05/20/10 0940 Waxing No wind, 81, W 2617-6267 Mouse 12 -24 Hours Crescent Clear Skies 81 29.9150 05/20/10 0945 Waxing No wind, 81, W 2617-6250 Leopard 12 -24 Hours Crescent Clear Skies Frog 81 29.9283 05/21/10 0803 First No wind, 75, W 26 17.6617 Raccoon 12 -24 Hours Quarter Clear Skies 81 26.8033 05/21/10 0818 First No wind, 75, W 26 17.6117 Rabbit 12 -24 Hours Quarter Clear Skies 8131-5833 f/GM10 - 219292 - V *r: 1 - SMNW (137U-013-OW • PWRK - 32361 Direction of travel of animal 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 5 Date Time Moon Weather — Traffic GPS Species phase present and lane coordinates conditions direction since last survey 05/12/10 1022 New moon Wind approx N 26 21.0924 Turkey 5 -10 mph, 70s, clear skies 8121-0037 05/12/10 1035 New Wind approx S moon 5 -10 mph, 26 21.2193 Black 70s, clear snake skies 8125.0002 (spp. unknown) 05/12/10 1041 New Wind approx S moon 5 -10 mph, 26 20.5275 Red rat 70s, clear snake skies 81 25.0078 05/12/10 1052 New Wind approx S moon 5 -10 mph, 2617.7439 Garter 70s, clear snake skies 81 24.9541 05/13/10 0940 New Wind approx S moon 5 -10 mph, 26 17.8520 0 possum 70s, clear skies 81 24.9500 05/19/10 1026 Waxing Wind 0 -3 N 26 17.8750 Cotton Crescent mph, 82 mouth Clear skies water 81 24.9500 moccasin 05/19/10 1035 Waxing Wind 0 -3 N 26 18.7650 Pig Frog Crescent mph, 82 Clear skies 81 24.9700 603/2010.218292 - Vat, 1 - SMiNN 03786013.003 - V W RK • 32381 Approx. age Direction of carcass of travel and animal of animal 1 day 1 -3 days 1 day 1 -3 days ' ? 12 -24 Hours I ? 12 -24 Hours I South 12 -24 Hours I South 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 6 Date Time Moon Weather — Traffic GPS Species phase present and lane coordinates conditions direction since last survey 05/19/10 1046 Waxing Wind 0 -3 N 26 20.7417 Leopard Crescent mph, 82 Frog Clear skies 8125-0033 05/19/10 1055 Waxing Wind 0 -3 N 26 21.0800 Black Bird Crescent mph, 82 Clear skies 81 25.0033 05/19/10 1104 Waxing Wind 0 -3 S 2621-4067 Striped Crescent mph, 82 Mud Turtle Clear skies 81 24.9933 05/19/10 1110 Waxing Wind 0 -3 S 26 21.6700 Rabbit Crescent mph, 82 Clear skies 81 25.0000 05/20/10 0820 Waxing Wind 0 -3 S 26 21.6817 Pig Frog Crescent mph, 82 Clear skies 81 25.0033 05/20/10 0827 Waxing Wind 0 -3 N 26 21.5267 Bullfrog Crescent mph, 82 Clear skies 81 25.9983 05/20/10 0842 Waxing Wind 0 -3 N 2621-4033 Leopard Crescent mph, 82 Frog Clear skies 81 24.9650 05/20/10 0850 Waxing Wind 0-3 N 26 21.2633 Opossum Crescent mph, 82 Clear skies 81 24.9617 618MI0 - 218282 - Ve.: t - SMMIw 03786.0134003 - PW RK - 32351 Approx. age Direction of carcass of travel and animal of animal 12 -24 Hours I East 1 -2 days 12 -24 Hours I East 1 -2 days 12 -24 Hours I E 12 -24 Hours I W 12 -24 Hours 12 -24 Hours J S Table 3: Roadkill Group Name Birds Small AMDh mammals BPo.Y2010 ' 218M - VW; 1 - SMW. 03788-013 -003 - PWPo( - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 7 12-21,2010 vo Brewer's blackbird Eu ha us c Hawk Bute:) spp, Vir inia o ossum Didel his vir Raccoon I Procyon lotor Rabbit S /viva us SPI Mouse „e.,,,- ...,�.,_., ovuinern ieo ara trog Bull frog Rana s henoce hale Rana catesbeiana Toad Bufo spp. Striped mud turtle Kinostemon bauri Black snake genus unknown Ever lades rat snake Garter snake Ela he obsolete rossalluni Thamno his sirtalis s. Water moccasin Glass lizard A kistrodon iscivorous C. O hisaurus ventralis Corn snake ►,.,tie ,........_ H, 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 8 Table 4 — Collier County Average Daily Traffic (ADT) Data o m 2003 ADT 2004 ADT 2005 ADT 2007 2008 2009 Change 08- N °c (See (See (See 2008 ADT ADT (See ADT ADT 09 (sea Note 2001 2002 Note Note Note Note 3) Location ADT ADT 1 1 1 NAe 1 Camp Keais 1 Rd south of Immokalee Rd (CR 846) E Oil Well Rd (CR 858) east of Big Cypress E Oil Well Rd (CR 858) east of Immokalee 724 S Rd CR 846 6 390 6,667 8.124 Oil Well Rd (CR 8585) east of Immokalee Rd 649 Q (CR 846) 3 1,534 1 •54.3 % 6,119 1 6,788 1 7 289 I 1 7 050 1 7,205 I 2.8% 11,629 1 9,587 1 6,587 1 9,188 28.3 Notes: 1. No ADT is listed for stations having an anomaly. There were a total of fifteen (15) roadkills along Camp Keais Road from Immokalee Road to Oil Well Road and a total of seventeen (17) roadkills along Oil Well Road from Camp Keais Road to Everglades Boulevard during this 6 -day survey over a period of two weeks in 2010. The Noss and Smith study reported a total of 31 roadkills along Oil Well Road over a nine month period with approximately 90 surveys. The Noss and Smith Study only surveyed half the distance along Oil Well Road that the applicant is required to survey, traveling only as far west as Oil Well Grade Road. Camp Keais Road was not included in the Noss and Smith Study either. Data from the Noss and Smith Study indicates that approximately 0.34 roadkills per survey or 2.1 roadkills per six surveys occurred along the `tiniest Oil Well Road" section, however, their Study also reported that roadkills were highest during the months of December, GM=010 - 218292 - ver 1 - SMak. 03786-013-OM - PWAK . 32351 12p Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 9 January, April, May and July. Data collected specifically during the month of May, and specifically along Oil Well Road from Camp Keais Road to Oil Well Grade Road or to Everglades Boulevard as is the case for the WilsonMiller survey, is not presented in the Noss and Smith Report, and may reveal a higher number of roadkills during May than the nine -month roadkill average of 2.1 roadkills per every six (6) surveys. Data collected during WilsonMiller's six (6) surveys during May 2010 yielded four (4) roadkills within the same section of roadway surveyed during the Noss and Smith Study. Thirteen (13) roadkills were observed in the additional section of Oil Well Road from Oil Well Grade Road to Everglades Boulevard, though there is no baseline data in the Noss and Smith study by which to compare this extra section of roadway or the Camp Keais Road section. Five out of 32 roadkills occurred adjacent to forested wetlands, five adjacent to a forested wetland and row crops or orange grove, three adjacent to rural residential, and 19 adjacent to citrus groves or fallow pasture. It should be noted that Oil Well Road expansion was under construction for the duration of the survey. Reduced traffic speed or wildlife avoidance or attraction could affect survey results; however, these factors were not quantified. The average daily traffic (ADT) count for conditions that were current during the Noss and Smith Study were reported as 6,788 ADT in 2005 at recording station #725 located just east of the Big Cypress Elementary School entrance. The most recent available data for this station since 2005 is the 7,205 ADT reported for 2009 (see Table 4) demonstrating a slight increase in the traffic count from the previous year. It is important to note that the Big Cypress Elementary School is located approximately 9 miles from the western extent of this WilsonMiller survey along Oil Well Road (approx. 6 miles as the crow flies) and approximately 14.5 miles (approx. 11 miles as the crow flies) from the southern limits of this survey where Camp Keais Road meets Oil Well Road. It is believed that Collier County traffic count station #724 was re- numbered #649, and both stations were situated in the same location, just east of the intersection of Oil Well Road and Immokalee Road. Station #649 reported an ADT of 11,629 in year 2006. Station 649 reported a drop in traffic from the ADT of 11,629 in 2006 to an ADT of 9,188 ADT in 2009. There was a slight increase at this station from 2008 to 2009. It is not realistic to assume that the same amount of traffic in the area of both the Big Cypress Elementary School, Corkscrew Elementary and Middle School, and Palmetto Ridge High School and the surrounding Golden Gate Estates and Orange Tree neighborhoods is comparable to traffic in the rural areas within the vicinity of the Ave Maria DRI several miles to the east. It is safe to assume that traffic counts several miles to the east along Oil Well Road and and Camp Keais Road, closer to the areas of this Wildlife Impact Evaluation survey were and are much lower than what has been reported at stations 725, 724 and 649. The closest County traffic count station to Ave Maria is located just east of the entrance to the Ave Maria DRI along Oil Well Road, but it is not yet operational. The next closest known station is #626 along Camp Keais Road just south of the intersection of Camp Keais Road 5/03/4010 - 215292 - VK 1 - 5Mi9ar 03785 -013 -003 • PW RK - 32351 Ave Maria University 2 ers�ty and Town Wildlife Impact Evaluation Report 2 Page 10 and Immokalee Road. This station reported 3,783 ADT in 2006, and 1,534 in 2009 indicating a reduction in traffic. This station and any new active traffic count stations within the study areas of this evaluation should be used as a baseline in place of station 725 during the next Wildlife Impact Evaluation in May 2010. 5. SUMMARY AND CONCLUSIONS Results of this survey are inconclusive because of the lack of any baseline roadkill data. The Noss Study did not include Camp Keais Road from Immokalee Road to Oil Well Road and Oil Well Road from Oil Well Grade Road to Everglades Boulevard. Oil Well Road was under construction for the duration of the 2010 survey. Reduced traffic speed or wildlife avoidance or attraction could affect survey results. However, compared to the 2.1 average number of roadkills along the Noss and Smith "West Oil Well Road" section per six survey days averaged over the nine months and approximately 90 survey days, the four roadkills observed by WilsonMiller during six survey days in May 2010, in the same section of roadway are a close match. However, the Noss and Smith Study reported the highest roadkills in December, January, April, May and July, which may indicate that their average of 2.1 per six surveys may be lower than the actual number of roadkills recorded along west Oil Well Road during the second two weeks of May 2006. n may appear, from comparison of the 2008 and 2010 surveys, that roadkill was significantly more prevalent in 2010. The 2008 survey documented 9 large birds and medium and small mammals, and the 2010 survey documented 8 large birds, turtles and medium and small mammals. Therefore, the increase in roadkill in the 2010 survey was almost entirely due to the inclusion of snake and amphibian roadkill. Many of the roadkills observed by WilsonMiller in May 2010 occurred adjacent to forested habitats where the animals may have been trying to cross the road from one forested area to another. Roadkills along Oil Well Road where it crosses Camp Keais Strand will be largely avoided with completion of the ongoing widening of Oil Well Road, which will provide directional wildlife fencing and two new wildlife crossings under Oil Well Road where it crosses Camp Keais Strand. The data presented in the 2008 and 2010 WilsonMiller reports may be used as a baseline for these road sections during the next required Ave Maria Wildlife Impact Evaluation in May 2012. &0=10 - 216292 - V�r t - S". 00786{113.003 - PWRK - 32351 12p Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 1 — Wildlife Impact Evaluation Location Map 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 2 — Roadkills Recorded on Oil Well Road from Camp Koala Road to Everglades Blvd. and on Camp Koala Road from Immokalee Road to Oil Well Road, Partitioned Into 100 -Meter Road Segments, May 2010 12A I.h ,1rct/o r�1'w "4.. . 11011 a e u.,,,,, ..,, ...,.,,,,,. . -4-4.--- ',,,- ',� ' 'b"4 90 ,.'1 I: P; may$ 1 �0.,::,-,..,.- 1.,.., � ..$' �-,2`T 3� . � � ""! _.=�=�- lM OKALEE RD - 1 o M;. --'-- - t.,, .t - ,■ 1,1 2 gr 4, , , , , , ,,,,,,w. , _;., , __.____.,,7._,.___, '-:..,.7-----•-,•t•--:--,\‘.,\_/Ve, ,,,ii,-1,r,33 50_ ..____: NI. � - • 2 % i, .,may .- [^ .s m - y,.^. 11 ,r'-°'. } , , F riY `� _ /x'7!1 5 1 1 Y^, t, §7a g »1 , ...e= $�, a s • ,k.a �,, { .,� �� O ','''-4 E RAY �� If 4 7 � L gat %,., - •pp(j' L� ��40,, =S 75 B" 80 � �� 1. 1 _85 �`__. r � 0 5 19 r 100 t95 90 8S`-8 7 0 65 60 55 50 45' 40 35 30-25 20 t5 10 5 Y rR a t ?F '�a ei 1 � _ r i , ii trvT��t _ -�F"9 "k r t Road Kills i fi YYI�$a,� "Miller ,. �� ® May 2008&2010 r s� > meter interval m -C. y m 100-meter interval 1 a�..�, .•,m.a +. 5 Ave Maria ORI m 2_ t- 0 Cumulative Ilua�lkill I_ucati41n. n r--� ;�Ittn ; Oil Well anal Camp Kea i; Roads 2010 Aerial , .r` .._...,�.. 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 3 - Copy of Page 40 from the 2006 East Collier County Wildlife Movement Study SR 29, CR846, and CR 858 Wildlife Crossing Project (data collected over 9 month period during a total of approximately 90 surveys GkWO10 - 21!282 • ver: 1 - SMHI&r 83756013-003 - PW RK - 32351 12A 0.18 0.16 0.14 0.12 0.10 0.08 0.06 E .. t^ e 8 2 9 1L N N 2 m 8 Figure 29. Frequency distribution for roadkills recorded on CR 858 west(numbers on x-axis represent 100-m road segments,Fig. 30). .ow 444 a 444,,x»:......, • Rtimpeetraltriesipos AORNiostiliset @ 625 alifiles Viatssessrallile Figure 30.All roadkills recorded on CR 858 west partitioned into 100-m road segments. 38 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 4 - Proposed Wildlife Impact Evaluation Protocol 6ro312010 - 218282 - Vp: t - $mow 03786-013-000 - PW RN - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 PROPOSED WILDLIFE IMPACT EVALUATION PROTOCOL For Compliance with Transportation Condition G.11 of the Development Order for The Town of Ave Maria A. Context: The development order for The Town of Ave Maria stipulates that biennial reports on traffic monitoring and roadway /traffic impacts to wildlife be submitted to Collier County. The first such report is due June 2008. B. Baseline: The baseline conditions are proposed as those in existence prior to August 2006 in the area of the Town of Ave Maria. Roadkill data collected and reported in the report East Collier County Wildlife Movement Study SR 29, CR 846, CR 858 Wildlife Crossing Project, by Reed F Noss, Ph.D. and Daniel J. Smith, Ph.D., December 2006, for portions of Oil Well Road and Camp Keais Road will be deemed indicative of the quantity and type of wildlife mortality generated by baseline roadway /traffic conditions. C. Data Collection: For the purpose of collecting data such that a reasonable evaluation of the trend in roadway/traffic impacts on wildlife in the project area can be made, essentially the same methodology as used in the above - referenced study will be used to collect data for the biennial reports. Specifically, the following methodology will be employed for Oil Well Road from Everglades Boulevard to Camp Keais Road and for Camp Keais Road from Oil Well Road to Immokalee Road: a. Roadkill data will be collected three times a week for two weeks in the month of April 2008 and biennially thereafter b. Data will be collected for the road surface and immediate shoulders c. Surveys will be conducted from a vehicle traveling no faster than 40 mph. d. Data collection parameters will include: i. date and time of day of collection ii. GPS location iii. species iv. approximate age (if discernable) v. traffic lane direction vi. animal direction of travel (if discernable) vii. lunar phase since last data collection event viii. general description of weather conditions since last data collection event e. After specific information is recorded, roadkill will be marked with red paint to avoid double counting fiM&?M 0.218292 - Vsr 1 - SMWN 037 -013 -M - PWRK - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 D. Impact Evaluation: data collected will be analyzed and compared to the baseline data sets to determine changes (if any) and trends in wildlife mortality from roadway /traffic impacts. Utilizing the current traffic count numbers, collected as part of this biennial monitoring event, possible correlations between roadkill and traffic count data will be evaluated and discussed. Summary conclusions will be generated and, along with the collected data and analysis, will be provided as part of the monitoring report as required by the development order. 6W M70 - 218292 - Vr: 1 . S% Mlw 03788-013-003 - PW RX - 32351