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Ex-parte - Fiala 07/11/2017 , Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA 07/11/17 Board of Zoning Appeals 18.A. (1:30 Time Certain) This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Judith S. Palay and 92 other property owners within the Cocohatchee Bay Neighborhood Communities,filed an appeal to the Board of Zoning Appeals of the administrative approval of building separations, building widths, building dwelling units, and building heights in the Site Development Plan Amendment SDPA-PL20160002242 for Kalea Bay aka Kinsale Condominium Phases Il-VI.The subject property is located at the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South and Range 25 East, in Collier County, Florida. [PL20170002165] NO DISCLOSURE FOR THIS ITEM XI SEE FILE ®Meetings ®Correspondence ®E-mail ®Calls Meeting w/ Diane Rupnow & Judy Palay, Phone Call w/ Frank Hales, Correspondence from the Law Firms, Discussions w/ Planning Commissioners, County Attorney Memorandum Advertised Public Hearings 9. . ***This item has been continued from the June 27, 2017 BCC meeting.*** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2007-46, as amended,the Wolf Creek RPUD,to approve an insubstantial change to the PUD,to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9 only,and providing for an effective date. The subject property is located on the north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 189± acres. [PDI-PL20160000404] n NO DISCLOSURE FOR THIS ITEM XI SEE FILE ❑Meetings ®Correspondence ®E-mail ®Calls Received correspondence from Attorney Steven Bracci representing the Black Bear Ridge HOA and Emails and phone call w/ Bruce Anderson. Other than that, no additional communications since Ex Parte was disclosed at the last meeting. March 24, 2015 saying -- COMMISSIONER HILLER: So any -- MR. KLATZKOW: -- did not meet this criteria. COMMISSIONER HILLER: -- Commissioner that votes no on this has to present the evidence on which that Commissioner is relying to turn this application down. MR. KLATZKOW: No, you need not have to state that on the record. As long as there's something in the record that would support a denial, it's sufficient. COMMISSIONER HILLER: And that -- and what has to be on the record has to be sufficient competent evidence. MR. KLATZKOW: That's right. COMMISSIONER HILLER: Not opinion. MR. KLATZKOW: That's right. COMMISSIONER HILLER: So it can't be anything that isn't on the record. MR. KLATZKOW: Correct. COMMISSIONER HILLER: As presented here today. As to turning down reopening that settlement agreement, if you use that as a basis to deny this petitioner his statutory right to be heard on this, isn't that denying him his legal right? MR. KLATZKOW: No. COMMISSIONER HILLER: Why is that? MR. KLATZKOW: Because we have an agreement, all right. And it takes both parties of the agreement to amend the agreement, all right? Now, obviously the developer is amenable to amending the settlement agreement. But if you are not, then we're done. COMMISSIONER HILLER: Okay. So I don't believe that this agreement that sits before us today protects the public at all. MEMBER OF THE AUDIENCE: I do. COMMISSIONER HILLER: And one of-- it doesn't. And one Page 177 March 24, 2015 of the reasons I don't feel it does is because there is a provision in here that allows for modification. And so if the Board chooses to modify this agreement, it can. And there are no deed restrictions in place on this golf course property, because those deed restrictions only come into play after the five buildings are built. So they don't even exist. Which means they could be eliminated if this agreement were to be modified by a future board. So you don't have a protection in here. While it may seem like there are protections in place, there in fact are none. In fact, that provision with respect to the deed restriction on that particular parcel that's the subject of this hearing is so weak that the Board could unilaterally waive it. It's that weak. This is a terrible agreement. It doesn't protect the public at all, and it leaves me very concerned. The Board cannot force this developer to give you deed restrictions. And the majority of people here in opposition today, from what I have heard, are from Glen Eden. I have not heard opposition from all other developments surrounding. It seems that this one particular neighborhood has very serious concerns. And I respect everything you say. However, I have to deal with protecting everybody, not just you. And I can't turn to this developer and tell this developer to give us the deed restrictions that he is offering as of the beginning of this hearing, which I feel are essential to protect your interest. And I feel getting those deed restrictions that are between you and that developer are so important with respect to what is being considered here today. I really think we have got to get them. And not only do I think we have to get them, I think we have to get those deed restrictions to include not only the density and not only the preserve and not only the docks, but also the location of these buildings. Because I know there are people out there who are not here today who want to make sure that this developer doesn't come in and change the location of a building so that it would block the view of an existing building. And Page 178 March 24, 2015 this agreement doesn't protect you against that. At all. And I have real concerns. I think that if we're going to do anything, we have to get these deed restrictions that benefit each and every community out there and that nothing can change unless there is 100 percent agreement with all the communities, including The Dunes, which Mr. Grant, you did not include The Dunes. The Dunes would have to be included. And I have -- and again, I am concerned, because the fact that this can be modified, the fact that there are no deed restrictions leaves everybody vulnerable. So I have a real problem here. Because as I have studied this at length, this deal is not a good deal. And the fact of the matter is I want a better deal. I want a better deal for the people on all levels. And I want security and protection for them on all levels. And the issue before us isn't just a golf course for 62 homes, it's ensuring that whatever we agree to here today really can't be changed in the future, because this agreement does not do that. And while I understand Commissioner Fiala had all the best intentions when she voted the way she did, and I understand we had a different County Attorney at the time, if I was sitting here back then, I will tell you it would have been very different. So I can't sit here and not see this agreement modified. And in fact, I can't sit here and not see the provisions which are in this agreement not incorporated into the PUD. I want these provisions in the PUD. Because then for sure it has to be a supermajority vote. And the fact that we can open this agreement with only three votes gives the public even less protection. So I don't feel comfortable about this at all. I did not sit on this Board at this time, but I was a constituent who was concerned when all of this was going on. And I had many discussions with Doug Fee -- where are you Doug -- back then. Page 179 March 24, 2015 as I would think we need to see. I mean, we need to include more associations. MR. GRANT: Fine. COMMISSIONER HILLER: And it has to be 100 percent of all of them. MR. GRANT: Okay. COMMISSIONER HILLER: It has to include the associations under the master associations. MR. GRANT: That's fine. COMMISSIONER HILLER: It has to include The Dunes. MR. GRANT: That's fine. COMMISSIONER HILLER: It has to also include that the location of these buildings as it currently sits in the SDP is preserved and none of them will move. And, you know, you won't shift, you won't like create more space between the buildings and spread it so it blocks the view of a certain building or, you know, somehow impedes the view of, you know, the -- for example, Tarpon Cove. MR. GRANT: Well, but I mean, the building locations are a function of the Land Development Code in compliance with all the parameters in the PUD. COMMISSIONER HILLER: But we have a Site Development Plan. MR. GRANT: You have one now. COMMISSIONER HILLER: Right. MR. GRANT: I don't know that that means there couldn't be some tweaking to the location of those buildings. MEMBER OF THE AUDIENCE: There you go. AUDIENCE: Exactly. CHAIRMAN NANCE: Commissioner, why don't we let Mr. Grant -- COMMISSIONER HILLER: Okay. Page 182 March 24, 2015 housing commitment, the agreement to remove the request to be removed from having to try to seek permits to build an artificial eagle nest, we're willing to do that. And the declaration of covenants, I think the additions that Commissioner Hiller has suggested are all fine. I think that it should not go into such detail as to lock down locations of buildings. I think that is a matter of site plan approval,just as is the matter of approving of the specific location of the single-family lots on the east parcel, were that to be approved. But the basics, the density, the heights, the protection of the preserves so that they couldn't be rezoned to do something different in the future on the west side, the buffers on the east parcel, and the protection against buildings where structure in the finger that extends out to U.S. 41, those all could be in there. I think they're perfectly reasonable, I think they provide significant community protection to the neighbors. COMMISSIONER HILLER: If I may interrupt just on the 4yolp location of the buildings. You know, my concern is is that we have all these towers that are built to the south of where the last building for the current -- on the current site plan is. And I would hate to see all of a sudden that all these buildings -- I mean, I understand reasonable ok.)pi tweaking because of, you know, the way the land is -- the land lies, but not where it would materially shift one building so as to for example block the view of an existing building that has an unencumbered view and based on the current site plan never expected to have a building in front of it. MR. GRANT: Well, I think self interest would probably keep the developer from doing that because it wouldn't really help the values of the one that got blocked. But what I'm suggest-- look, the PUD document right now, and as it's proposed to be amended, has a detailed specification and table of parameters on height, setback and that sort of thing. That's what's Page 186 March 24, 2015 going to drive how site development plans get approved. And -- COMMISSIONER HILLER: We've got three site development plans that have already been approved. Is there any reason for you to believe that the building immediately to the south would move any further south? MR. GRANT: I don't think it's a matter of moving forth north or south, Commissioner. There might be some tweaking of the configuration of the -- COMMISSIONER HILLER: Well, I don't have a problem with something like that. What I have a problem with is that there would be a material shift in the location of any of these buildings other than as has been approved now where it would, like I say, obstruct the view of an existing building. MR. GRANT: Well, you know, if you're talking about something broad stroke like that, perhaps, but I really don't believe the applicant is in a position to agree that yes, there are approved SDPs. But that doesn't mean that they couldn't seek to tweak the locations of those buildings a little bit. Or the shape of them a little bit. COMMISSIONER HILLER: Like I said, it's not a question of the shape or immaterial shifts. My concern is, again, if it were to result in the SDP moving a building -- if it was -- let me put it this way, where the movement of the building would not be viewed as administrative. Nick? COMMISSIONER FIALA: Are we talking about this subject on our agenda -- COMMISSIONER HILLER: Yes. COMMISSIONER FIALA: -- or have we moved to -- COMMISSIONER HILLER: No, because I want to -- this goes to the restrictive covenants, like what will be in the restrictive covenants. Page 187 March 24, 2015 here today. With one caveat, and that is that these deed restrictions prepared by the petitioner are given to the homeowner association so their homeowner association attorneys can review them and deem them acceptable and adequately protective. So basically, you know, it would be -- is that what you're saying? MR. KLATZKOW: Yes, we would come back on that limited issue. COMMISSIONER HILLER: We would come back on the limited issue. So we would approve -- MR. KLATZKOW: Unless you also wanted to in essence merge the settlement agreement into the PUD, in which case we'd come back with two issues. COMMISSIONER HILLER: If we merge the settlement agreement into the PUD, does that provide more protection for the public or less protection for the public? MR. KLATZKOW: It requires four votes rather than three to change it. COMMISSIONER HILLER: And it would require a public hearing -- MR. KLATZKOW: Yes. COMMISSIONER HILLER: -- to change it as opposed to a mere discussion. MR. KLATZKOW: Well, everything here is done by public hearing, but it would require an advertised public hearing, yes. COMMISSIONER HILLER: No, because for example if all we were looking at was to deal with a non land use issue -- MR. KLATZKOW: It would be -- COMMISSIONER HILLER: -- disagreement, we wouldn't have to have a public hearing. MR. KLATZKOW: You do everything on public hearings. But you -- Page 197 PAVESE Partner �l1C //T�� /T E[RmDirect dial:(239)336-6249 1 / Email:fat hrnnrFnvh.,,e Haut nlaNi r.,n 1833 Hendry Street, Fort Myers, Florida 33901 I P.O. Box 1507, Fort Mye , 'a 33902-1507 I (239)334-2195 I Fax(239) 332-2243 July 7, 2017 JUL 07 2017 11 Board of County Commissioners Mr. Matthew McLean By Collier County, Florida Engineering Services- 3299 Tamiami Trail East, Suite 303 Growth Management Division Naples, FL 34112 Collier County 2800 North Horseshoe Drive Naples, FL 34104 Jeffrey A. Klatzkow,County Attorney Leo E. Ochs, Jr., County Manager Collier County Collier County 3299 Tamiami Trail East, Suite 800 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5749 Naples, FL 34112-5746 Re: Cocohatchee Bay PUD Administrative Appeal by Judith S. Palay,et al. Kalea Bay Phases 2-6 PL20160002242 Ladies and Gentlemen: Our firm represents Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates,LLC. (collectively, "Lodge/Abbott"),the owners of Cocohatchee Bay PUD.We are co-counsel with Margaret Cooper, Esquire,of Jones Foster Johnston&Stubbs who handled the earlier litigation resulting in the 2008 Settlement Agreement regarding this project. I will be appearing at the appeal hearing on July 11, 2017 on behalf of Lodge/Abbott.Also appearing for Lodge/Abbott will be Karen Bishop of PMS Inc.of Naples,Inc.Ms.Bishop is the project entitlement facilitator. This appeal arises from a challenge to Lodge/Abbott's request for an amendment to a previously issued site development plan(SDP Amendment)for the project authorizing Buildings 2, 3 and 5. The original 2008 SDP for which an amendment is sought was approved by staff in the regular course of business. The Appellants make much of the fact that the County and the land owner entered into the Settlement Agreement resolving a dispute over the appropriate approach to a bald eagle management plan for the project. The Settlement Agreement and its provisions are not relevant to the appeal challenging the present amendment to the SDP. The SDP Amendment subject to this appeal is limited in scope and includes only issues normally addressed by staff in the regular course of business. 4632 VINCENNES BOULEVARD,SUITE 101 4524 GUN CLUB ROAD,SUITE 203 CAPE CORAL,FLORIDA 33904 WEST PALM BEACH,FLORIDA 33415 (239)542-3148 (561)471-1366 Board of County Commissioners Jeffrey A. Klatzkow,County Attorney Leo E. Ochs,Jr. County Manager Mr.Matthew McLean July 7, 2017 Page 12 Conclusion For the foregoing reasons the appeal filed herein should be denied. Sincerely, PAVESE LAW FIRM / Katherine R. En1glish MLC/KRE:ebg cc: Ralf Brookes, Esquire Margaret L. Cooper, Esquire Michael Bosi Karen Bishop OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM DATE: July 5, 2017 TO: The Board of County Commissioners, sitting as the Board of Zoning Appeals Commissioner Penny Taylor, Chairman, District 4 Commissioner Andy Solis, Vice-Chair, District 2 Commissioner Donna Fiala, CRAB Co-Chair, District 1 Commissioner Burt Saunders, District 3 Commissioner William L. McDaniel, Jr., CRAB Co-Chair, District 5 FROM: Jeffrey A. Klatzkow,County Attorney SUBJECT: Hearing on Administrative Appeal of the Issuance of Site Development Plan Amendment for Kalea Bay a/k/a Kinsale Condominium Phases II-VI in the Cocohatchee Bay Planned Unit Development("PUD") 1. General — In keeping with prior appeals of this nature before the Board of Zoning Appeals ("BZA"), the appeal hearing process is quasi-judicial in nature and is therefore subject to the provisions of Resolution Number 95-376, requiring proper disclosure of any Commissioners ex-parte contacts, communications, site visits, or investigations, or receipt of expert opinions. Likewise, the procedural requirements of Resolution Number 98-167 also apply. Copies of both resolutions are attached for your convenience. 2. The ultimate issues to be determined in the appeal are: a. Whether there is competent, substantial evidence to support the issuance of the final site development plan approval; and b. Whether the site development plan approval is contrary to the goals, objectives and policies of the Growth Management Plan ("GMP") or that it does not comply with the requirements of the Settlement Agreement, Land Development Code ("LDC"), particularly Section 10.02.03, or County ordinances including the applicable PUD Ordinance. 3. The appeal hearing before the BZA is informal. 4. Relevant evidence will be considered at the hearing. The Chairman of the BZA, with the assistance of the County Attorney, will determine what is relevant evidence. 5. The County Attorney recommends the following procedures: [17-CPS-01684/1349228/1116 Page 1 of 3 a. The court reporter administers the oath to those wishing to speak. If a speaker arrives at the hearing after the oath is given, the speaker must be sworn in before they can speak. b. The members of the BZA then make their individual ex-parte disclosures. All communications must be disclosed including letters, e-mails, phone calls, and meetings. Any personal investigation, such as a site visit, must also be disclosed. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. This applies to all communications that took place even before the appeal was filed. These disclosures must be made at the beginning of the hearing. The BZA must give any person who wishes to question its members concerning the ex-parte disclosure the opportunity to ask questions of it. This right may be waived by a failure to ask questions of the Board. c. The presentation of the appeal should be as follows: i. The appealing party presents his case. The time limit is one hour. This time limit includes any presentation by an expert witness. a) The Zoning Director may question the appealing party and/or any of his experts. The time limit is 10 minutes. b) The impacted property owner may question the appealing party or any of its experts. The time limit is 10 minutes. ii. Staff presents its case including the testimony of any expert witnesses. The time limit is one hour. a) The appealing party may ask questions. The time limit is 10 minutes. b) The impacted property owner may ask questions. The time limit is 10 minutes. iii. The impacted property owner presents its case including the testimony of any expert witnesses. a) The Zoning Director may ask questions. The time limit is 10 minutes. b) The appealing party may ask questions. The time limit is 10 minutes. iv. The members of the BZA may ask questions at any time during the proceedings. It is suggested that there be no time limit to the BZA's questions, subject,however, to the discretion of the Chair. [I7-CPS-01684/1349228/1]76 Page 2 of 3 limits v. Interested members of the public may then speak. Time per speaker, including any cross-examination, is 3 minutes. The BZA should only give consideration to "public testimony" that is relevant to the issues being discussed. vi. After Public Comment, in order, the Zoning Director, the appealing party, and the impacted property owner will each have 10 minutes to sum up. This summation could include any rebuttal. vii. Time limits may be extended at the discretion of the Chair. viii. Upon conclusion of the public speakers' presentations, the BZA should close the public hearing and commence discussion. ix. Upon conclusion of the discussion, the BZA will make its motion, second and then vote. A simple majority is required to approve the motion. The BZA shall either affirm the final site development plan approval or revoke the issuance of the final site development plan approval. Attachments: Resolution Number 95-376 Resolution Number 98-167 Section 250-58 Code of Laws and Ordinances [17-CPS-01684/1349228/1176 Page 3 of 3 JUN 2 0 te5 RESOLUTION NO. 95-376 A RESOLUTION RELATING TO ACCESS TO LOCAL PUBLIC OFFICIALS; PROVIDING A DEFINITION OF LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS TO PUBLIC OFFICIALS; AUTHORIZING INVESTIGA- TIONS AND RECEIPT OF INFORMATION; REQUIRING DISCLOSURE OF EX PARTE COMMUNICATIONS; AND REPEALING RESOLUTION NO. 'i5-754. WHEREAS, government in Florida is conducted in the sun- shine pursuant to Chapter 286, Florida Statutes; and WHEREAS, the public should be able to voice its opinions to local elected public officials; and WHEREAS, elected and public officials are presumed to perform their duties in a lawful and proper manner; and WHEREAS, quasi-judicial decision-making must be based on competent, substantial evidence of record; and WHEREAS, local elected public officials have been obstructed or impeded from the fair and effective discharge of their sworn duties and responsibilities due to expansive inter- pretations of Jenninge. v, Dade County, a decision rendered by the Third District Court of Appeal; and WHEREAS, Section 5, Article I of the Florida Constitution gives the people the right peaceably to assemble, to instruct their representatives, and to petition for redress of griev- antes. NOW, THEREFORE, RE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AUTHORITY Pursuant to Subsection 286.0115, Florida Statutes, Collier County has the authority to enact this Resolution which removes the presumption of prejudice from ex parte communications with local officials by establishing the process set forth herein to disclose such communications. SECTION TWO: DEFINITION As used in this Section, the term "local public official" means any elected or appointed public official holding a county -1- 600x O f n,,,... 191 • JUN 20 1995 office who recommends or takes quasi-judicial action as a member of such board or commission. SECTION THREE: ACCESS PERMITTED 1. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by the board or commission on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex-parte communications with local public officials. �a) The substance of any ex-parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. (b) A local public official may read a written communi- cation from any person. However a written communication that relates to quasi-judicial action pending before the local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record of the board or commission before final action on the matter. (c) Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi- , judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. (d) Disclosure made pursuant to paragraphs (a) , (b) and (c) must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have OW opin- (-2- SOOK W''1.' 11)9 JUN 2 01995 ions contrary to those expressed in the ex-pare communication are given a reasonable opportunity to refute or respond to the communication. SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354 Resolution No. 95-354 is hereby repealed in its entirety. This Resolution adopted this 7.0th day of dune 1995, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA r B y .BETTYE u. TTHEWS, Chairman Approved as to form and legal sufficiency: KennetCuyl County Attorne mmvwl1 J 735 - 3 tarot (11)0 pv,r.193 RESOLUTION 98- 167 A RESOLUTION ESTABLISHING PROCEDURES FOR PRESENTATIONS AND PUBLIC COMMENT BEFORE THE BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, the Collier County Board of Commissioners (Board), as the duly elected governing body for Collier County,holds regularly scheduled public hearings to discuss, review and act upon items of concern to and affecting the residents of Collier County;and WHEREAS, the Collier County Planning Commission (CCPC), serving as the local planning agency and the land development regulation commission as required by • F.S. §§ 163.3174 and 163.3194, holds regularly scheduled public hearings to discuss, review, act upon and make recommendations to the Board relative to items of concern to and affecting the residents of Collier County;and WHEREAS,included in these items may be advertised public hearings of a quasi- ' judicial or legislative nature;and WHEREAS, the public may wish to comment on these items scheduled for • considers ion before the Board or the CCPC;and EREAS, in order to maintain, equity, decorum and order at these regularly schedul d public hearings, it is necessary to establish standard procedures for presentations and public comment before the Board and the CCPC;and WHEREAS,the Board has prepared these rules in an attempt to encourage public a participation during advertised public hearings, including quasi-judicial hearings, in a mariner consistent with the requirements of law. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:.. l The Board of County Commissioners declares that the procedures set forth, • attached hereto, and incorporated by reference herein as Exhibit A, applicable to the • Board and the Collier County Planning Commission as stated in said Exhibit,are fair and • reasonable,and are hereby adopted. ' BE IT FURTHER RESOLVED that this Resolution relating to procedures for Board and CCPC presentations and public comment be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote favoring same. Done this /7 day of , 1998. AIThST BOARD OF COUNTY COMMISSIONERS ,.••• .A Dwight E.Brock,Clerk COLLIER COUNTY,FLORIDA • . • • -6‘'" � • 7 Barbara B.Berry,Chairman as to Chairman's f;,y ',W1$1gnature only. ''ikp,prpved as to form and legal sufficiency; • al`; • "LAIL 474eZt . David C.Weigel,Cou Attorney • 2 IIS Exhibit "A" Procedures for Presentations before the Collier County Board of Commissioners and as Applicable to the Collier County Planning Commission A. Public Comment on General Tojics: Members of the public may register to speak on general topics under the Public Comment portion of the Board of County Commissioner's (Board) agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. I. Speaker Registration: Individuals wishing to speak to the Board under public comment at any regularly scheduled meeting of the Board of County Commissioners shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. TI. Time Limits: a) Public Comment: 1. Maximum 5 minutes per speaker. B. Public Petitions: Public Petitions are limited to a single speaker. In general, the Board will not take action on public petition items on the day the petition is presented,but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Administrator may defer scheduling a public petition for a reasonable period of time in order to allow sufficient time for staff to review the content and thus prepare for questions from the Board. I. Registration: Individuals wishing to make a public petition to the Board of County Commissioners shall present such a request in writing to the County Administrator a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request shall include the name(s) and address(es) of all petitioners, including a primary contact name, address and telephone number,and shall state the nature of the petition, including any exhibits and/or back up material which may be pertinent to the petition. IL Time Limits:Maximum 10 minutes per speaker. C. Advertised Public Hearings: For procedural purposes, advertised public hearings fall into two categories: those which are quasi-judicial in nature; and other types of advertised public hearings, including those which are legislative in nature. I. Ouasi-Judicial Public Hearings: 1 a) Purpose and Intent: The Board has prepared these rules in an attempt to encourage public participation during quasi-judicial hearings in a manner consistent with the requirements of law. As part of that effort and within the confines of the law, the Board intends its hearings to be informal while recognizing the need for certain structure to maintain orderly hearings. Notwithstanding the procedures established by resolution,the Board may modify these procedures to effectuate the effective presentation of evidence. b) Applicability of these Procedures: (1) Ouasi-Judicial Proceedings. These procedures apply to all quasi-judicial proceedings heard by the Board and the CCPC regardless of the capacity in which the Board is sitting. Quasi-Judicial actions concern the implementation of policy, which has already been set, and affording the Board, and in some instances the CCPC, limited discretion in deciding whether to approve or deny a land use permit. These include land use actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include but are not limited to: site specific rezonings (provided they involve policy implementation); development of regional impact hearings; conditional use permits; variances; boat dock extension petitions; and administrative appeals. 1 (2) Legislative Proceedings. Utilization of these procedures by the Board or the CCPC when sitting in a legislative capacity does not change the character of the legislative proceeding nor does it confer any additional rights or remedies upon any person or party. C) Pre-Hearing Submittals: (1) Application. An applicant (as defined in the Collier County Land Development Code)shall make application as provided in the procedures established for the individual decision being requested. (2) Staft7Agencv Recammendatior}. To the extent that the applicable procedure requires a staff review and written recommendation to be presented to the Board, such written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation.No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit any written arguments, evidence, explanations, studies, reports, petitions or other documentation tl_s_41 for intended consideration by the Board in support of or in opposition o the application. In order to be included in a Board or CCPC Agenda packet, any written arguments, evidence, explanations, studies, reports, petitions or other documentation must be submitted to the appropriate staff no later than three weeks prior to the scheduled hearing before the respective body. All written 2 submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x 11-inch paper. No written materials will be accepted by the Board at its hearing unless,at e :oard's •rscre on, accep ce is necessary to decide the issue. Written comments submitted shall be considered and entered into the record of the meeting in accordance with subsection C.I.d)(4)below. d) Public Hearings before the Board or the CCPC: (1) General. It is the expectation that the hearing will be informal. All members of the public who address the Board or the CCPC shall utilize the speaker's podium to allow their comments to be recorded. Each speaker shall state his or her name and address for the record. Additionally, speakers shall indicate whether they are speaking on behalf of themselves or others. (a) Time Limitation Guidelines, It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions and comments to be completed within the prescribed time limits: 1. Staff shall be responsible for presenting the case on behalf of Collier County and shall limit their presentations to twenty-(20)minutes. 2. The applicant shall present his or her entire case in twenty (20)minutes. 3. Expert witnesses shall be limited to ten (10) minutes each. 4. Persons who have been authorized to represent an organization with five(5) or more members or a group of five(5)or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 5. All other persons may speak for a maximum of five (5) minutes each. 6. No speaker may give his or her time to any other speaker. At the discretion of the Chairman th any speaker may be extended. (b) Registration of Speakers. Persons who desire to speak on an item shall, prior to the item being called to be heard by the Chairman, - register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as 3 proponents or opponents on any item may be requested to select a spokesperson. (2) Order and Subject of Appearance: To the extent possible, the following shall be the order of the proceeding: (a) Preliminary Statement. The Chairman shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure, which shall be followed. (b) Sworn Testimony. The applicant, staff; and all witnesses requesting to speak shall be collectively sworn. Agreement with Staff s Recommendation. If the applicant or agent of the applicant agrees with staff's recommendation and wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to speak for or against the quasi-judicial agenda item,the Board may vote on the item based upon staffs presentation and the materials in the agenda back-up. X (d) Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. An applicant or appellant may ask questions of, or seek clarification from, staff by request through the Chairman at the time that party makes its initial presentation to the Board. (e) Applicant's Presentation. After staff presentation, the applicant(s) shall be allowed to make a presentation to the Board based on the time limitation guidelines outlined in the preceding subsection(d) (1)(a), above. During and after the applicants' presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from the applicant. The Board may also allow staff to comment, ask questions or seek clarification from the applicant(s)at this time. (f) Speakers. After Board and staff inquiry of the applicant,speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection(d)(1)(a), above.During and after a speaker's presentation,the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. (g) Staff Response and Summary. The staff shall be allowed an opportunity for response to the presentations by the applicant, proponents and opponents and a summary with any changes in position after consideration of relevant public comment.Proponents 4 and opponents who believe that the staff response includes errors of fact or Iaw may ask for and may be allowed an opportunity to point out such errors of fact or law. (h) Applicant's Rebuttal Presentation. 1. Applicant's rebuttal shall be allowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be allowed an opportunity for rebuttal. Rebuttal shall be limited to five (5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. 2. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. (i) Board and Staff Inquiry. After all presentations have been made as outlined above, the Board shall have a final opportunity to comment or ask questions. The Board may allow staff to respond to comments previously made at this time. (j) Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments,unless requested to do so by the Board. (k) Closing of Public Comment. In those matters on which public comment is heard by the Board, the Chairman shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant information is being presented. No additional public comments shall be allowed, except in specific response to questions by members of the Board. (3) Miscellaneous Items: (a) Continuing Record/Speakers Qualifications. The Clerk to the Board("Clerk") shall maintain a file with the most recent copies of resumes previously filed with the Clerk by county staff presenters. All other persons testifying on issues requiring educational, occupational and other experience who wish to be qualified as experts shall submit their qualifications in written form for the Board's approval to speak as expert witnesses. (b) Organizational or Group Speakers. Prior to presenting his/her case, any person representing an organization or other persons shall indicate, in writing, the organization or group he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. 5 (c) Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any Board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present,may restrict or terminate presentations which in the chairman's judgment are frivolous,unduly repetitive or out of order. (d) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official, or representative thereof, to appear and make presentations at any ' time with regard to matters under consideration. Continued Public Hearings.In any matter where it is known that a lb scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they can not be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially] the same presentation at any subsequent meeting on the sarhe subject. This waiver shall not preclude such persons from making different presentations based on new information or from offering response to other persons' presentation,if otherwise allowable,at any subsequent meeting. (4) The Record (a) Automatically Included in the Record: The following documents shall automatically be included in the record of the hearing before the Board: (1) The record from any preliminary hearing, the agenda packet, the staff report, and the transcript of the hearing before the Board; (2) Written comments and documents previously entered into the record at a prior Board meeting on the particular matter. (b) Items Which Shall Be Placed in the Record: Any additional documents,exhibits,diagrams,petitions, letters or other materials presented in support of, or in opposition to, an item to be considered by the Board shall be entered into the record, as long as it was received by the Board's Clerk or the applicable Collier County department seven(7)days prior to the date of the hearing. 6 (c) Additional Evidence. Except pursuant to subsection C)(3)above, Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shall not become part of the record. (d) Custodian.The Clerk shall be the official custodian of the record. (e) Exhibits. Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits should not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. H. Other Public Hearings: The following rules apply to advertised public hearings other than those which are quasi-judicial in nature, including those advertised public hearings which are legislative in nature. a) Pre-Hearing Submittals: (1) Application. An applicant (as defined in the Collier County Land Development Code)shall make application as provided in the procedures established for the individual decision being requested. (2) Staff/Agency Recommendation. To the extent that the applicable procedure requires a staff review ands written recommendation to be presented to the Board, that written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation.No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any written arguments, evidence, explanations, studies,reports,petitions or other documentation to staff for intended consideration by the Board. All written submissions, not including pictorial displays(maps,graphs and the like)must be on 8-1/2 x 11-inch paper. b) Public Hearing: (1) General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request,petition,vote,or otherwise. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons in the 7 following status will prepare their discussions and comments to be completed within the prescribed time limits: 1. Staff shall be responsible for summarizing the item for the Board and shall limit such presentation to a maximum of twenty(20)minutes. 2. For advertised public hearing items (other than those which are quasi-judicial in nature), where there is an applicant other than the Board of County Commissioners or staff, following the staff summary of the item the applicant will have an opportunity to make a maximum (10)minute presentation. 3. Persons who have been authorized to represent an organization with five(5) or more members or a group of five(5)or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 4. All other persons may speak for a maximum of five (5) minutes each. 5. No speaker may give his or her time to any other speaker. At the discretion of the Chairman, the time allowed for any speaker may be extended (b) Speaker Registration. Persons, other than staff and the applicant (where applicable), wishing to speak on an advertised public hearing item shall,prior to the item being heard,register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. (2) Miscellaneous Items: (a) Organizational or Group Speakers. Prior to making his/her comments, any person representing an organization or other persons shall indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. (b) Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any Board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding,the Chairman, - unless overruled by majority of the Board members present, may 8 restrict or terminate presentations which in the chairman's judgment are frivolous,unduly repetitive or out of order. (c) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official or representative thereof, to appear and make presentations at any time with regard to matters under consideration. (d) Continued Public Hearings.In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. D. Other Agenda Items Before the Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. Registration: Persons wishing to speak on agenda items other than advertised public hearing items,public comment on general topics and public petition items, shall register to speak on the form provided by the County prior to the item being called by the Chairman to beheard. H Time Limits: Where the Board has requested or otherwise authorized public input on agenda items other than public hearing, public comment on general topic, or public petitions items, speakers will be limited to a maximum of 5 minutes. 9 Sec. 250-58. -Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer,department, board,or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla.ch.2001-344, § 1) 1 Page 1 1.01EUE0571E To: _ 4o,JA)/4 00/-44 JUL 0 5 2011 From: Donna Reed Caron Date: July 2, 2017 By Re: Cocohatchee Bay Settlement Agreement and PUD In a thinly veiled attempt to justify actions antithetical to good planning, staff issued a memorandum dated April 28, 2017 trying to explain the application of development standards for the Cocohatchee Bay PUD. The staff approval letter spends a great deal of time trying to clarify their actions and quoting the"clear language" of Florida Statutes. Critical to the discussion currently being brought forward by citizens is that staff is not following the Settlement Agreement and all of it's component parts in the reviewing process. The following is attempt to detail submitted changes in both clear language and unambiguous facts. Building One is 50 feet wider than shown on the original SDPs. The apparent intent is to make buildings 2-5 each 50 feet wider, thus adding the equivalent of another whole building to the plan and further exacerbating the building separation issue. Clear and unambiguous. The developer has added twelve guest suites as accessory units. However, the PUD lists guest suites and cabanas as permitted uses and they are to be counted as part of the total number of residential units: 590. Four 20 story buildings each with 120 units equals 480 units. One 17 story building adds 102 units. Plus twelve guest suites brings the total unit count to 594. So as of this date, staff appears to be allowing the developer to exceed the maximum number of units allowed. Clear and unambiguous. Plans are in progress to add an additional story to each of the buildings by enclosing certain accessory roof-top structures such as the pool, community meeting room, and fitness center. According to the PUD, building height shall be the vertical distance measured from the first habitable finished floor elevation to the upper most finished ceiling elevation of the roof structure. Also County Land Development Code staff and Zoning & Land Development staff issued an official clarification on the issue of roof-top accessory structures: SC 2004-05, "... the language in question was intended to allow accessory uses which would not have the visual effect of increased height, and refers to unenclosed, unroofed, and un-air conditioned space for recreational use." Clear and unambiguous. A housing unit (a habitable structure) has been added to the garage level, conflicting further with the definition of building height as defined in the PUD. Clear and unambiguous. The plans that exist at the County are inconsistent with those submitted to South Florida Water Management - - - preventing any factual analysis to be conducted. For example the SFWMD plans show the addition of two four-plex units, further exceeding the allowed unit count. Nothing clear or unambiguous about this. Building separations are less than code minimums of 1/2 the sum of the building heights, and less than the already reduced and adjusted separations (as per PUD footnote#3) shown on the SDPs attached to the PUD and Settlement Agreement. To quote from the CCPC review that was accepted and approved by Board action, "However, as a result of language in the PUD, the CCPC recommends reference to building separation be removed from the Settlement and the applicants rely upon the interpretation of the PUD with the understanding that the separations would not be less than those shown on the SDPs reviewed by the CCPC. As an alternative to the reduction in separation, greater distances could be provided by moving alternating towers closer to Vanderbilt Drive." Those separations are as follows: building 1 to 2, 153 feet; building 2 to 3, 126 feet; building 3 to 4, 127 feet; building 4 to 5, 341 feet. The Settlement Agreement, PUD, Bald Eagle Management Plan, recommendations from the Planning Commission, and three SDPs reviewed and approved by staff were approved by the Board of County Commissioners on April 22, 2008. This action was taken in total as part of the Summary Agenda. Again, The Board approved all documents as presented without objection from the County Attorney, County Manager, county staff, the petitioner, the petitioners agent or citizens. Clear and unambiguous. Staff cites several examples of supposed historical application of the administrative reduction of building separations. However, only one of the examples represents a high rise tower project and it is a side yard set back not a building separation situation. In this instance, staffs action was understandable since the Waterpark Place building is not next to another high rise but rather a four lane tree lined parking area leading to a tram to Pelican Bay beach. There are no past projects analogous to the Cocohatchee/Kalea Bay project. Clear and unambiguous. Besides the clear and unambiguous language of Florida statutes being an important tenet, ignoring any portion of an ordinance or law or reducing the language to an absurdity is equally important. Staffs interpretation that there is no limit to reducing building separations because of clauses such as `footnote #3', is not a credible interpretation. Additionally, staff cannot ignore the fact that the CCPC recommendation was included with the PUD, Settlement Agreement and Bald Eagle Management Plan on the Summary Agenda and was approved by The Board on April 22, 2008. The citizens of Collier County harbor serious concerns that must be addressed in a timely fashion. Upholding the Settlement in it's entirety is not only reasonable and proper, but critical to the community's continued trust in the rule of law, our ordinances, the sanctity of contracts and settlements, and of course to the integrity of and respect for our system of county governance and the people elected and appointed to assure equal treatment for all. Thank you. Donna Reed Caron n Oh) 790 Wiggins Bay Drive rtk ������ Naples, FL. 34110 � y 239-514-2780 239-280-6857 BrownleeMichael Subject: Meet w/ Diane Ebert re: Kalea Bay, Med Marijuanna, etc. Location: Texas Tony's Start: Wed 3/1/2017 11:30 AM End: Wed 3/1/2017 1:00 PM Recurrence: (none) Organizer: FialaDonna 1 BrownleeMichael Subject: Diane Rupnow&Judy Palay re: Kalea Bay Development Location: DF Office Start: Wed 2/22/2017 3:00 PM End: Wed 2/22/2017 3:30 PM Recurrence: (none) Organizer: FialaDonna 402-580-1545 1 BrownleeMichael From: Ron Bowling [ron@acresplumbing.com] Sent: Thursday, June 29, 2017 12:23 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Dear Collier County Commissioners, I wanted to send my personal concerns in reference to possible delays in the construction of the next building at the Kalea Bay project. I work for a plumbing company that is currently working on the Kalea Bay project.With the planned start of building#2 we are able to keep our staffing working anticipating the next building to start. If it does not, there will be layoffs due to lack of work. I personally have struggled as many others for the last 8 to 9 years trying to survive the hardships in the most drastic down turn in construction this area has seen. It was a long, slow recovery and we are just now becoming hopeful in our futures in the construction trade and regaining some ground. I am very sensitive in concern with growth and over-development and believe our local government has found a balance for everyone in my personal experience of living here for over 40 years. I was fond of the Wiggins Pass area in the 70's when there was little more than a Marina and some small developments. That is not the case these days and much of that area is built on and believe the very people complaining reside in the adjacent areas probably have not been here for very many years. Nor do they likely reside here year round or earn a living here. Kalea Bay has already been approved and site developed for the future construction of these buildings.The potential opportunities for our working residents and the revenue to local business will be felt county wide and will effect hundreds upon hundreds of the collier working class and business owner residents. Please represent us in allowing this building to proceed as planned. Our livelihoods are counting on you. Sincerely, Ron Bowling Acres&Son Plumbing Inc. 5701 Houchin St Suite#1 Naples, Fl 34109 Office 239-597-5031 Fax 239-597-3740 ron@acresplumbing.com www.acresplumbing.com BrownleeMichael From: Chris.Brasher@Ferguson.com Sent: Thursday, June 29, 2017 1:39 PM To: McDanielBill; TaylorPenny; SaundersBurt; SolisAndy; FialaDonna Subject: FW: Kalea Bay Bld #2 To the Collier County Commissioners, I understand that there is some opposition to the second phase of Kalea Bay. I am a concerned citizen who is heavily involved in the construction industry as I work for Ferguson Enterprise which employees 700+associates(quality jobs+ benefits) in Florida in our plumbing division alone.A job like this provides significant opportunity not just to our company but to the many trades that are fortunate enough to participate. Projects like these help not only our industry, but benefit the overall community for many years with the jobs that it creates and all the outlying businesses that are affected not only by the construction but the livelihoods that are affected by the wages and benefits of those employed by Kalea Bay. Our company will be directly affected with the decisions that are made regarding this project. Ferguson is very involved in both our communities and by providing quality opportunities, as well as teaching, coaching,training, and furthering developing people's skills. Our industry as well as SW Florida have been through some very tough times in recent years and it is encouraging to see and be part of a positive outlook and a growing economy.Thank you for your consideration. Sincerely, Chris Brasher Ferguson a Wolseley Company Director of Branch Management-Florida District 10355 S Orange Ave. Orlando, Fl 32824 0: (407)856-5161 M: 239-823-0935 Ferguson Online-Always Open! http://www.fergusononline.com 1 BrownleeMichael From: Rene Acres-Hatch [Rene@acresplumbing.com] Sent: Thursday, June 29, 2017 11:51 AM To: FialaDonna Subject: Kalea Bay Donna Fiala, I am writing to express my concerns for halting the construction of Kalea Bay 2. I have resided in Naples for over 48 years and have been employed in the construction industry for over 30 years.Tourism is our industry here in Naples and construction is a large part of what keeps Naples growing to accommodate the new comers in our area. Halting the progress of Kalea Bay would have impacts on several areas that should be of concern to ALL Naples residents, not just the few in Glen Eden who might have their view obstructed. Glen Eden should take into consideration that they were entitled to develop their community without opposition from others in the area. Please know the decision that you make concerning this project will set precedence for all future projects and will affect the employment of hundreds of construction workers. I am asking that you please honor your approval of the development of Kalea Bay. Sincerely, Rene' Rene' Acres-Hatch R Acres Plumbing Co LLC 1911 Seward Ave, Suite 3 Naples, FL. 34109 PH: 239-598-0800 FX: 239-597-1590 Rene@acresplumbing.com ACRES - Ai:: ti PLUMBING ‘174.11..- t. --ww ❑ ,:.-a 24 HOUR EMERGENCY SERVICE Website Like us on Facebook BrownleeMichael From: Aris Dougherty[adougherty1530@gmail.com] Sent: Friday, June 30, 2017 1:19 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: KALEA BAY 2 Hello, My name is Aris Dougherty, I reside in Collier County and work in the construction industry. My job will be directly affected in a very negative way if Kalea Bay 2 is halted. I don't understand why anyone wants to hold back Naples' growth and economy. Please consider the hundreds of people that will be affected if this project is halted. Thank you very much for your consideration, Aris Dougherty Naples, FL i BrownleeMichael From: Jessica Judd [jessicajudd@crsmithllc.com] Sent: Friday, June 30, 2017 9:54 AM To: 'BillMcDaniel@colliergov.neT; TaylorPenny; SaundersBurt; SolisAndy; FialaDonna Subject: Kalea Bay Bid#2 Attachments: PastedGraphic-1.tiff To the Collier County Commissioners, I have just been informed that there is some opposition to the second phase of Kalea Bay. I am a concerned Naples local (over 31 years in Naples and two generations before) who is heavily involved in the construction industry as I work for C.R. Smith which contracts and manages over 50+subcontractors that employ hundreds of workers in Florida in our contracting alone. A job like this provides significant opportunity not just to our company but to the many trades that are fortunate enough to participate. Projects like these help not only our industry, but benefit the overall community for many years with the jobs that it creates and all the outlying businesses that are affected not only by the construction but the livelihoods that are affected by the wages and benefits of those employed by Kalea Bay. Our company will be hugely affected with the decisions that are made regarding this project.The construction industry as well as SW Florida have been through some very tough times in recent years and it is encouraging to see and be part of a positive outlook and a growing economy. Thank you for your time! Jessica Judd Assistant to Chad Smith/Office Manager lessicajudd@crsmithllc.com P: (239) 596-8003 F: 239.288.0575 C.R. SMITH, LLC 1 BrownleeMichael From: Charlie Bauman [Charlie@acresplumbing.com] Sent: Thursday, June 29, 2017 12:47 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Cc: Ron Bowling; Nancy Farnsworth Subject: Kalea Bay Building#2 Dear Collier County Commissioners, I am currently an employee of Acres and Son Plumbing, Inc. , a Collier County company for some 40 years. I have worked for Acres and Son Plumbing for over 8 of the past 15 years. I personally worked at the Kalea Bay job site full time as an assistant project manager from 04/01/16 until 12/31/16. Presently our staff at Kalea Bay site is only 20%of what it was because Building#2 has not yet started. Acres and Son Plumbing has already been negatively impacted because Building#2 has not started. If building 2 is not constructed,Acres will be even more seriously harmed as will my work with the company. In addition to Acres, many other subcontractors are being negatively affected. Hundreds of construction industry jobs are at risk if Kalea Bay Building#2 and further buildings are not allowed to be constructed. I sincerely ask for your consideration to allow the construction of Building#2 and further buildings at Kalea Bay to proceed. Thank you for your consideration. Kind Regards, Charlie Bauman Acres&Son Plumbing, Inc. 5701 Houchin Street, Suite 1 Naples, FL 34109 239-597-5031 Cell 239-734-0804 Charlie@acresplumbing.com BrownleeMichael From: Kevin Jensen [kevin@jensenunderground.com] Sent: Sunday, July 02, 2017 2:19 PM To: 'BillMcDaniel@colliergov.neT'; 'PennyTaylor@colliergov.net'; 'BurtSaunders@colliergov.net'; 'AndySolis@colliergov.net'; 'DonnaFiala@colliergov.net' Subject: Kalea Bay Buildings#2,3,4,5 Dear Collier County Commissioners, I understand that there is some opposition to the second phase of Kalea Bay. I am a concerned business owner who is heavily involved in the Kalea Bay project.This project has been on our books for over a year and in our projection of work for our employees. If this project were to be cancelled it would put a hardship on Jensen Underground Utilities, therefore possibly causing layoffs within our company.We currently employ 95 wonderful people who have families. Not only do we provide a pay check to our employees, we also provide 100% health insurance coverage. Many of the employees purchase health insurance for their families through their hard work a pay checks that they have earned.A job like this provides significant opportunity not just to our company but to the many trades that are fortunate enough to participate. Projects like these help not only our industry, but benefit the overall community for many years with the jobs that it creates and all the outlying businesses that are affected not only by the construction but the livelihoods that are affected by the wages and benefits of those employed by Kalea Bay.Jensen Underground Utilities is very involved in both our communities and by providing quality opportunities, as well as teaching, coaching,training, and furthering developing people's skills.Our industry as well as SW Florida have been through some very tough times in recent years and it is encouraging to see and be part of a positive outlook and a growing economy. Thank You For Your Consideration, Kevin Jensen JENSEN UNDERGROUND UTILITIES, INC. 5585 Taylor Rd. Naples, FL 34109 239-597-0060 Ext. 5 239-597-0061—Fax 239-825-1638—Cell Email: Kevin@iensenunderground.com Website: www.iensenunderground.com 1 BrownleeMichael From: Nancy Farnsworth [tennis.nut@mindspring.com] Sent: Thursday, June 29, 2017 11:37 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Hearing Categories: PRINTED Dear County Commissioners, As a native Neapolitan, I have seen our county go through many many changes in my 53 years. Some have been very hard to take, yet overall I believe our County has been lead in a good direction with a balanced growth. My livelihood for over 30 years has been in the construction industry. The company I work for made it through the very difficult downturn in the housing/construction market, however only 21 of 192 employees kept their jobs and those who were still employed struggled with significant pay cuts and less working hours. Fortunately, the past couple years it has turned around. My employer is directly impacted by Kalea Bay. There were 25 employees who directly worked on building 1 and 5 others who did Kalea Bay work at the office including myself. If the Kalea Bay building 2 does not proceed, numerous employees, full time residents and your constituents will lose their jobs. Please stand firm against those who oppose this project that has already been approved. Thank you for your service and your consideration in this matter. Nancy Farnsworth 7818 Emerald Circle Naples, FL BrownleeMichael From: Daniel Fusco [twcfusco@gmail.com] Sent: Thursday, July 06, 2017 11:50 AM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Subject: Kalea Bay opposition Attachments: imagel.jpeg; ATT00001.txt Hello, Just a quick note in regards to the petition against phase 2 of Kalea Bay. I am the owner/operator of Woodworkers Cabinet of Naples, Inc and we work closely with CR Smith and his team to manufacture custom cabinetry and millwork for his clients. We have grown our company to over 30 employees and we primarily service CR Smith and the Kalea Bay project. We have recently purchased a second location down the street from our current shop on Taylor Rd. to enable us to keep up with the needs of the Kalea project and we are extremely excited for the remaining phases of this development. Please consider the impact on the families who are counting on this project for years to come and will need this to help pay for their kids college. (I have 5 of them! ) Thank you and we appreciate our beautiful town and all the opportunities it offers to the trades people! Sincerely, Daniel Fusco 1 BrownleeMichael From: Andy Cathey [acathey@rosenmaterials.com] Sent: Monday, July 10, 2017 7:58 AM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Subject: Kalea Bay Phase 2 Follow Up Flag: Follow up Flag Status: Flagged To the Collier County Commissioners, I have been a resident of Collier County since 1987 and part of the Construction industry since 1989. It has come to my attention that there is some opposition to the 2nd phase of Kalea Bay. My company, Rosen Materials, supplies building materials and supplied Kalea Bay Phase 1. During that time we added additional employees that have supported Collier County in many other areas. I am concerned with any decision to stop this project as it will continue to provide our employees (currently at 32) continued employment. The construction industry as well as SW Florida have been through some very tough times in recent years and it is encouraging to see and be part of a positive outlook and growing economy. Thank you for your time! Andy Cathey Regional Manager-West Florida 239-253-8529 acathey@rosenmaterials.com ROSEN MITER1ALS BrownleeMichael From: Teale Mueller[tealemueller@gmail.com] Sent: Friday, June 30, 2017 11:59 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Project Dear Collier County Commissioners, My name is Teale Mueller. I am a sales associate and team member that has been instrumental in the day to day sales process of the Kalea Bay Community. I have also been involved in general real estate in Collier County for years. Our team has been involved with so many aspects of representing this wonderful Kalea Bay community and has been immersed in assisting not only our Kalea Bay buyers, but also providing information to and fostering relationships with hundreds of our Collier County full time and seasonal residents who have visited our site.. I am in a position to see the excitement of our future Kalea Bay residents, many who have worked, planned and saved over many years to be in a position to fulfill their dream of living in a community such as Kalea Bay. Another great aspect of being involved in this project is that I have also had the opportunity to see that hundreds of local men and women from many different companies/trades are proudly invested in the employment opportunities a project like Kalea Bay creates. From cleaners, to landscapers, construction workers, designers, material suppliers, cooperating realtors all who have benefited and have been able to provide a better quality of life for themselves and their families. Sometimes our society highlights and amplifies the negative opinions of a few people. This is unfortunate. I believe we all have a responsibility to open our eyes and ears to all of the good and opportunity a project like Kalea Bay presents to so many in our community. Kalea Bay will have such a positive impact in supporting our current and future local economy. There is no doubt that this unique and beautiful community will improve the lives of many for years to come. I thank you for your time and consideration, Teale Mue .ales Associate Wilson&Assoiate. 1)9K)OIC Coast Ronci Naples.rL -no 259-795-arta (0) 239-450-4-806 (c) tt MI\ Wilson Associates h,a,a1 kiR�t lFit• V4 NL';F'x�'� 1 BrownleeMichael From: Renee Gaddis [renee@reneegaddis.com] Sent: Thursday, July 06, 2017 1:15 PM To: McDanielBill; TaylorPenny; BurtSaunders@colliergov.n; FialaDonna; SolisAndy Subject: Kalea Bay PUD Attachments: renee letter July 6 2017.pdf Renee Gaddis Principal Designer ` RENEE GADDIS INTERIORS ; t. 239.431.8352 m. 239.848.5794 a. 9915 Tamiami Trail N, Suite 1 Naples, FL 34108 renee@reneegaddis.com www.reneegaddis.com BrownleeMichael From: Linda Crowe [linda.crowe@progressivewaste.com] Sent: Friday, June 30, 2017 1:55 PM To: "BillMcDaniel@colliergov.net; FialaDonna; SolisAndy; TaylorPenny; SaundersBurt Subject: Kalea Bay Tower#2 Importance: High To Collier County Commissioners, I am very disappointed there is some opposition to the second phase of Kalea Bay. As an informed resident of Southwest Florida and who is heavily involved in the construction and real estate industry, it's unfortunate to hear of opposition to growth within our community. Not only am a licensed Real Estate Agent, I also am fortunate enough to be employed by Waste Connections, who provides hauling and disposal services on construction sites. Kalea Bay Building#1 has not only provided a significant employment opportunity for construction workers who work and live within our community; but has also benefited Southwest Florida by attracting affluent residents who have purchased condominiums in Tower 1. The benefits this project brings within our community reaches far beyond today. It supports our community for many years down the road by the jobs it creates to operate Kalea Bay and the opportunity it brings for outlying existing businesses as well as future business opportunities.The increase in tax revenue for Collier County should also be an important topic not be overlooked. We want to look for future growth and opportunity in Southwest Florida and opposing the second phase of Kalea Bay does not support our local industry of construction, tourism/snowbirds, and real estate markets. Hundreds of companies and probably an estimated thousand workers would be directly affected with the decisions that are made regarding this project. The real estate and construction market has went through some very tough times and to stop the second phase of Kalea Bay would be going backwards. It is encouraging to see and be part of a positive outlook and a growing economy considering what we have been through. I hope that we can continue to grow as a community and every one of whose who work and live within this community can prosper and enjoy the life Southwest Florida has to offer.Thank you for your consideration. Sincerely, Linda Crowe I Territory Manager Waste Connections, Inc. 2289 Bruner Lane, Fort Myers, FL 33912 0:239-489-1716 I F: 239-489-1652 I C:239-229-5473 W7s I CoNNIt 7N',, IN(;. 1 BrownleeMichael From: pureplumbingl4 [pureplumbing14@gmail.com] Sent: Friday, June 30, 2017 2:00 PM To: FialaDonna Subject: Kalea Bay To the Collier County Commissioners, I have just been informed that there is some opposition to the second phase of Kalea Bay. I am a concerned Naples Resident/Business Owner, whom is heavily involved in the construction industry. I work for C.R. Smith, LLC., which contracts and manages over 50+ subcontractors that employ hundreds of workers in Florida in our contracting alone. A job like this provides significant opportunity not just to our company, but to the many trades that are fortunate enough to participate. Projects like these help not only our industry, but benefit the overall community for many years with the jobs that it creates. All the outlying businesses that are affected by the construction as well as the livelihoods that are affected by the wages and benefits of those employed by Kalea Bay. Our company will be hugely affected with the decisions that are made regarding this project. The construction industry as well as SW Florida have been through some very tough times in recent years. It is encouraging to see and be part of a positive growing economy. Thank you for your time!" Sent from my Verizon 4G LTE smartphone 1 BrownleeMichael From: John Wilkinson [John@sunmasterinc.com] Sent: Friday, June 30, 2017 3:10 PM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Subject: Kalea Bay To whom it may concern, I am a business owner that employs approx. 50 people Our company is heavily reliant on the construction industry for our living. Projects like Kalea Bay are the lifeblood of our revenue. So when we hear about a project such as Kalea Bay it allows us to more confidently invest in other areas of our economy as consumers. I have lived my whole life (48 years) in Naples so I do understand the idea of pushback against new developments such as this. But typically it doesn't come from natives, it comes from folks that took advantage moving into past developments that some may have been opposed to when they were going in. It makes me shake my head when I think about the "close the door behind me" mentality that happens.As I understand it the Kalea Bay development of 5 condo buildings has already been cleared but there are those who are trying to have it stopped. I sincerely hope you all take into consideration the trickle down effect that will happen if you stop the movement forward of this project.We are a small company but at least 1/3 of my people are currently involved with the workings of this project.Their jobs may not exist without it. When I go to jobsite meetings I see hundreds of people being employed on this site that again would be unemployed if it is shut down. Thank you for taking the time to read this. Please make the right choice for us. Sincerely, John Wilkinson President Sunmaster of Naples 900 Industrial Blvd Naples, FL 34104 239-261-3581 ofc. 239-261-7499 fax. 239-253-4773 cell. www.sunmasterinc.com 1 BrownleeMichael From: scott@amssoundandvision.com Sent: Friday, June 30, 2017 2:28 PM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Cc: chadrsmith@me.com; marc@amssoundandvision.com; gsrichter@aol.com; jessicaj udd @crsm ith I Ic.com Subject: Kalea Bay project To the Collier County Commissioners, I am and have been a Naples resident since 1990. I have seen Naples grow from the small town to a larger town with that small town atmosphere. It is where I enjoy to live and therefore where I set up my family and my business. It pains me to hear that there is opposition to projects, specifically the Kalea Bay project. I understand what it is like to have construction go on next door and although it is a little annoying, it will pass and Naples is better for it. It is promising to our community when homes are built. It creates confidence in community, business, and family life! What better way to increase the value and the operation of our county than welcoming those who are willing to invest in its future! I am an owner of a small company that is involved with the Kalea Bay project. We are a small fish in the pond of contractors working on this project. I cannot speak for them, but we have added staff to our company, invested in advertising, business expansion, and showroom enhancements to provide for the potential 600+families that will call Kalea Bay and Naples, Fl their home. I can only make the assumption that the other companies have made similar investments. It takes a lot of people to build a community and even more to staff the location when it is complete. I would ask that you do not make any changes to these employees source of income or provide more stress for companies in the workforce by delaying the project. Our company and our employees families will be directly affected by the decisions you make. I appreciate your time. If you feel the need to reach out to me about my thoughts on this project,feel free to do so. Best Regards, Scott Moore AMS Sound &Vision Owner Rise and rise again and agan anti!lanbs become lions' lefini Scott H. Moore Senor Systems Dew -AMS Sand&Maw Massa 4.95,crt www.snssoundardvision.cam Helping to transform lives by reducing your waistli BrownleeMichael From: Linda Crowe [linda.crowe@progressivewaste.com] Sent: Friday, June 30, 2017 1:55 PM To: "BillMcDaniel@colliergov.net; FialaDonna; SolisAndy; TaylorPenny; SaundersBurt Subject: Kalea Bay Tower#2 Importance: High To Collier County Commissioners, I am very disappointed there is some opposition to the second phase of Kalea Bay.As an informed resident of Southwest Florida and who is heavily involved in the construction and real estate industry, it's unfortunate to hear of opposition to growth within our community. Not only am a licensed Real Estate Agent, I also am fortunate enough to be employed by Waste Connections, who provides hauling and disposal services on construction sites. Kalea Bay Building#1 has not only provided a significant employment opportunity for construction workers who work and live within our community; but has also benefited Southwest Florida by attracting affluent residents who have purchased condominiums in Tower 1. The benefits this project brings within our community reaches far beyond today. It supports our community for many years down the road by the jobs it creates to operate Kalea Bay and the opportunity it brings for outlying existing businesses as well as future business opportunities.The increase in tax revenue for Collier County should also be an important topic not be overlooked. We want to look for future growth and opportunity in Southwest Florida and opposing the second phase of Kalea Bay does not support our local industry of construction,tourism/snowbirds, and real estate markets. Hundreds of companies and probably an estimated thousand workers would be directly affected with the decisions that are made regarding this project.The real estate and construction market has went through some very tough times and to stop the second phase of Kalea Bay would be going backwards. It is encouraging to see and be part of a positive outlook and a growing economy considering what we have been through. I hope that we can continue to grow as a community and every one of whose who work and live within this community can prosper and enjoy the life Southwest Florida has to offer.Thank you for your consideration. Sincerely, Linda Crowe I Territory Manager Waste Connections, Inc. 2289 Bruner Lane, Fort Myers, FL 33912 0:239-489-1716 I F:239-489-1652 I C:239-229-5473 r '%si1. (:`A)N\I(„€ O , I* ;. 1 BrownleeMichael From: Arturo Guido [aguido@legnobastone.com] Sent: Monday, July 03, 2017 10:53 AM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Subject: Kalea Bay "To the Collier County Commissioners, "To the Collier County Commissioners, It has recently been brought to our attention that there is some opposition to the second phase of Kalea Bay. I am a concerned local Naples, Florida businessman who owns and operates a five-generation small business headquartered in Naples, Florida. We are extremely involved in the construction industry as we are a small sub-contractor that works directly for C.R. Smith. We are a boutiques manufacturing company with approximately 50 employees directly linked to the Kalea Bay project.A job like this provides significant opportunity not just to our company but to the many trades that are fortunate enough to participate.The Kalea Bay project is a significant element to our business and crucial to the employees that are directly employed because of the Kalea Bay project. No to mention the monetary impact it will also have on all their families. Our company and our employees will be hugely affected with the decisions that are made regarding this project. It would be shameful to post pone the progress of this already approved project and negatively impact tens of thousands of families for the sake of a few.Thank you for your time!" Please consider the environment when printing this email.As a company deeply invested in wood,we appreciate your efforts to maintain a world with healthy forests and prudent environmental stewardship.Thank you! Legno Bastone Wide Plank Flooring "Custom Designed Furniture for Your Floor" 2684 Horseshoe Drive South Naples, Florida 34104 (0)239-206-1898 (g) ',Repro ostone WIDE PLANK FLOORING Disclaimer Notice The E-Mail and the information contained in it and any attachments are confidential and may be privileged.If you received this email in error please notify us immediately.You are not authorized to,and must not disclose,copy,distribute or retain this E-Mail or any part of it.We have taken precautions to lower the risk of transmitting software viruses,but we advise you to carry out your own virus checks on this message and any attachment to it.Neither Legno Bastone nor the sender can accept liability or responsibility for any damage or any loss whatsoever caused by the transmission of any virus. All statements are made WITHOUT PREJUDICE and all offers are made SUBJECT TO CONTRACT within 45 days of quote. 1 BrownleeMichael From: Brian Dollard [briandollardrce@gmail.com] Sent: Monday, July 03, 2017 1:13 PM To: McDanielBill; TaylorPenny; SaundersBurt; FialaDonna; SolisAndy Subject: Kalea Bay Project To the Collier County Commissioners, It has been brought to my attention there is opposition to the development of the Kalea Bay Project by a few surrounding neighbors. Let me start by saying I am a 41 year Resident of Naples, I have been in the construction business for 38 years. I have seen all the changes from Ft. Myers to Marco Island.The construction industry here is 2"d to none for quality of job and the tradesman that build them. We are a vital part of our communities. From purchasing our own properties and creating commerce with other businesses and industries.Also by creating a better tax base for our State and local Government. I currently employ roughly 50 tradesman for our company. Local men and women who have families to provide and support.The Kalea bay Project is vital to my family and my employees families to live a quality life here in Southwest Florida. In this situation with the opposition opinion, it's a shame that a few who have their dwelling in the this location are opposed to those who would like a dwelling in the same location. ( this makes no sense).The Kalea Bay project is the most beautiful thought out resort style community that I have been involved with and the privilege to work on.The construction Industry has been in some tough times as of late,just the past year or so we have been coming out of a serious slow down due to the financial crisis. All the people involved are starting to live a better life and contribute to the community in a more vigor way. If this project was delayed or stopped because of the few who only have their own interest in mind and not the greater good of the community it would be another hardship on the construction industry and the people involved. My company and its employees would certainly feel hardship in their lives.Thank you for taking the time to read my letter. Best regards to all of you. Brian Brian Dollard briandollardree@gmail.com RCE Contractors, Inc 3884 Progress Ave Naples, FL 34104 239-643-5758-Office 239-825-1532-Cell 239-643-6772-Fax CONFIDENTIALITY NOTICE:This e-mail is only for the person(s) named in the message header. Unless otherwise indicated, it may contain information that is confidential, privileged or exempt from disclosure under applicable law. If you have received it in error, please notify the sender and delete the e-mail. BrownleeMichael From: Bret Groos [Bret.Groos@communityelectricfl.com] Sent: Friday, July 07, 2017 10:02 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Project Good morning, I am reaching out to you all today to express my support for the Kalea Bay project, much like the hundreds of people that have purchased units in the first two buildings we are all very proud of this community. We have been operating in collier county for 45 years and are a strong supporter of this place we call home.We understand that from time to time there is opposition to growth, it's funny how most of it is from people who have moved here and know think no one else should. I am sure you all deal with this very often.That being said,the stalling of this project is starting to have a financial impact on many of the local subcontractors,vendors and suppliers that are involved in the project, all of these businesses supply thousands of jobs in Collier County and have made commitments to the project team to reserve man power and re-sources for the project, so from the owners to the workers there is concern of the starting date of phase 2. Thank you for your attention, hopefully this can be rectified soon. lmauMIT,Y ELECTRIC .OFL(OLLIER, INC. ritgarer44480, Bret Russell Groos President Office: 239-262-3438 Fax: 239-262-6943 Mobile: 239-253-0807 Bret.Groos@communityelectricfl.com 1 BrownleeMichael From: Inga Lodge [inga©kaleabay.com] Sent: Friday, July 07, 2017 3:15 PM To: 'BillMcDaniel@colliergov.neT; TaylorPenny; SaundersBurt; SolisAndy; FialaDonna Subject: Kalea Bay To Collier County Commissioners: It is with great disappointment that I have heard there is to be a hearing on the future status of Kalea Bay. I am currently the Broker at the sales office at Kalea. We have had to deal with the harassment of many names on this list. They enter the sales office and complain we have illegally started building,they loudly complain we don't have permits etc. They do this in front of customers. Diane Rupnow even started a web page that we had our legal department shut down. Out of the 120 condo's in Tower 100, 60% are new buyers to Naples. They have the same dream as everyone else that would like to make Naples home. They have had plenty of opportunities to purchase in other existing high rises and chose to wait for Kalea Bay. There is nothing that says financial stability in Collier County then starting a high rise community. The last high-rise to be completed was Moraya Bay in 2009. Our new buyers are majority cash buyers paying an average of$1,800,000 to live at Kalea. Naples is poised to have a 4.9% increase in Economic Growth in the next year. How does that happen if a few people can dictate what can and can't be built? It seems that the citizens have more power than the Collier County Commissioners. The Commissioners that we vote for. 80% of our new residents at Kalea Bay are not homestead,that means these new homeowners will pay the highest property tax. That will be over $2,160,000 in property tax paid a year just on Tower 100! Of the list of 93 names presented for the appeal are you aware that 29% of the people on the list are not full- time residents? They can not vote for the County Commissioners, but they are allowed to dictate whether 300 full-time residents continue to work in North Naples. We are not just building the Kalea Bay community, we are building FOR THE COMMUNITY, for those people that work and live in North Naples. Thank you for your attention on this matter. Warm Regards, INGAW.LODGE BROKER/VPSALES & MARKETING 13910 Old Coast Rd Naples,FL.34110 (o)239.793.0110(c)239.560.1171 Wilson&Associates Exclusive listing agent KALEA -ey 001 BrownleeMichael From: Josh Willard [Josh.Willard@manhattanconstruction.com] Sent: Monday, July 10, 2017 7:25 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Project Attachments: 2017.07.05_Kalea Bay_CCBC Letter.pdf Follow Up Flag: Follow up Flag Status: Flagged Good morning. Please see the attached letter regarding the Kalea Bay project. I greatly appreciate your attention to this matter. Thank you, Manhattan Building excellence. Josh Willard Senior Project Manager Manhattan Construction (Florida), Inc. 3705-1 Westview Dr, Naples, FL 34104 239.643.6000 phone 1239.643.6030 fax 1239.895.5671 cell josh.willard@manhattanconstruction.com www.manhattanconstruction.com The only thing better than recognizing a quality product is building one. 1 BrownleeMichael From: Inga Lodge [inga@kaleabay.com] Sent: Friday, July 07, 2017 3:15 PM To: 'BillMcDaniel@colliergov.neT; TaylorPenny; SaundersBurt; SolisAndy; FialaDonna Subject: Kalea Bay To Collier County Commissioners: It is with great disappointment that I have heard there is to be a hearing on the future status of Kalea Bay. I am currently the Broker at the sales office at Kalea. We have had to deal with the harassment of many names on this list. They enter the sales office and complain we have illegally started building, they loudly complain we don't have permits etc. They do this in front of customers. Diane Rupnow even started a web page that we had our legal department shut down. Out of the 120 condo's in Tower 100, 60% are new buyers to Naples. They have the same dream as everyone else that would like to make Naples home. They have had plenty of opportunities to purchase in other existing high rises and chose to wait for Kalea Bay. There is nothing that says financial stability in Collier County then starting a high rise community. The last high-rise to be completed was Moraya Bay in 2009. Our new buyers are majority cash buyers paying an average of$1,800,000 to live at Kalea. Naples is poised to have a 4.9% increase in Economic Growth in the next year. How does that happen if a few people can dictate what can and can't be built? It seems that the citizens have more power than the Collier County Commissioners. The Commissioners that we vote for. 80% of our new residents at Kalea Bay are not homestead, that means these new homeowners will pay the highest property tax. That will be over$2,160,000 in property tax paid a year just on Tower 100! Of the list of 93 names presented for the appeal are you aware that 29% of the people on the list are not full- time residents? They can not vote for the County Commissioners, but they are allowed to dictate whether 300 full-time residents continue to work in North Naples. We are not just building the Kalea Bay community,we are building FOR THE COMMUNITY, for those people that work and live in North Naples. Thank you for your attention on this matter. Warm Regards, INGAW.LODGE BROKER/VPSALES & MARKETING 13910 Old Coast Rd Naples,FL.34110 (o)239.793.0110(c)239.560.1171 Wilson&Associates Exclusive listing agent KALEA Vim. 1 BrownleeMichael From: Nancy Farnsworth [nancy@acresplumbing.com] Sent: Monday, July 10, 2017 3:38 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Kalea Bay Project Attachments: 20170710151854.pdf Categories: PRINTED Dear Commissioners: Please find attached signatures from 22 of our staff who work construction in Collier County and many who live in the county. Several have worked directly on the Kalea Bay project and are scheduled to work on the upcoming building 2. If the Kalea Bay Project is halted or delayed due to the protesters against this already approved building, we will have to lay people off. Please stand strong against those few part time residents who are against this project. ,lV anal Nancy P.Farnsworth Vice President Acres&Son Plumbing, Inc. Serca Management, LLC 239-597-5031 239-597-3740 fax 1 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala a(�colliergov.net AndySolis@colliergov.net BurtSaunders(a�colliergov.net PennyTaylor(c�colliergov.net BillMcDaniel(cr�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincer y, cr-a-1/1-14" Signature Print Name 77 1-161/Le Address Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala@colliergov.net AndvSolis(c�colliergov.net BurtSaunders(a�colliergov.net PennyTavlor(a)colliergov.net BillMcDaniel( colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincere Signature VV\ LL Print Name 370o.2, Address Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialaAcolliergov.net AndySolis@colliergov.net BurtSaunders(c�colliergov,net PennvTaylorc colliergov.net BillMcDanielAcolliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Signature Print Name .778/ et6 4‘1E- .%( Address / A)t y, tits ��J rz r1 4 3 44/'7 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(a�colliergov.net AndySolis@colliergov.net BurtSaunders(�colliergov.net PennyTaylor(2colliergov.net BillMcDaniel aC�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, thO Signat e Print Name W36 figt)66P Lel) Address (' O/Ur1 PL Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(a�colliergov.net AndySolis@colliergov.net BurtSaunders@colliergov.net PennyTaylorCa�colliergov.net BillMcDanielP,colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Signature l ;Fne/c4c /<-0 ld'' ey21 afri Print Name ( 76l </Sit $1vc e fi Address /1u`?/-°.S Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala a(�colliergov.net AndySoliscolliergov.net BurtSaundersQcolliergov,net PennvTaylor a(�colliergov.net BillMcDaniel a(�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Ram Signature Print Name Address Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala@colliergov.net AndvSolisnacolliergov.net BurtSaunders( colliergov.net PennyTaylor@colliergov.net BillMcDaniel@colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, l7&5 /- (//e5° Signature /liana /7k/e5 Print Name Src 02-7 Si St,/ Address Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala a(�colliergov.net AndySolisCc�colliergov.net BurtSaundersCa�colliergov.net PennyTaylor(�colliergov.net BillMcDaniel(c�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against he opposition who are do not want this project built. in 10P,ly, St AAAAA litan'Alit Ad Signage VA--0 fket-S CFA Print Name 2& 8"/ gc.Lj \ \ 7\\c Address Pg0j,•1 i' c' riff ' I Sid Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialac colliergov.net AndySolis@colliergov.net BurtSaunders@colliergov.net PennvTaylor( colliergov.net BillMcDaniel@cblliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Signat e ICta -L-05 Print Name tgo4-1 411..e. ��1Q ci Address fe( .ti" Aef e S e i `33834 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialagcolliergov.net AndySolisacolliergov.net BurtSaunders(a�colliergov.net PennyTayloracolliergov.net BillMcDaniel(a�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Signature Pt a_/ Print Name Seo t r-1-41 S� 5 Address Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialacolliergov.net AndySolis(a�colliergov.net BurtSaunders a colliergov.net PennyTaylorCa?colliergov.net BillMcDaniel@colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sin = -ly, (),,e,„(5r Sign-' re Print Name Lf i i A. w- AV E Address LaLf—s ) . Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(a�colliergov.net AndySolis(a�colliergov.net BurtSaundersa,colliergov.net ;; jai.. PennyTavlorcolliergov,net BillMcDaniel(a�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. S i n cerejy. •K.__ Signature Print Name 30 -X A ( 577 Address A. , c �.► ►,, .4 s /:' • Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Don naFiala(c�colliergov.net AndySolis(a�colliergov.net BurtSaunders@colliergov.net PennyTavlor(a�colliergov.net BillMcDaniel(a�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sin 412111, li•nature �!ice-/ /o Print Name /o 30 / ),\k(ASk �y Address )O S r, Inc FL 313S Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(a�colliergov.net AndySolis(acolliergov.net BurtSaunders(a�colliergov.net PennyTaylorna colliergov.net BillMcDanielcolliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, _ . Signature CD—Se- Q r A. c Print Name /0 eN c . 1 r- Address I1/ p/.e s 4L . `lq03 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala@colliergov.net AndySolis aC�colliergov.net BurtSaunders( colliergov.net Pen nyTavlorCc�colliergov.net BillMcDaniel(a�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, &(\? ‘„ko 4 tyi , i ' Sit - P _.. 11fj . . m 2.itT (2-i &J ifI?ess Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(cr7colliergov.net AndySolis(a colliergov.net BurtSaunders©colliergov.net PennvTaylor@colliergov.net BillMcDanielC�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Since = . A • ure I g ! �L01sar11 Prin lame 13 07.6 411 4'16 Clr/ Addres 4/4 r ke-C r( 34- f/i Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialac colliergov.net AndySolisAcolliergov.net BurtSaundersAcolliergov.net PennyTaylorAcolliergov.net BillMcDaniel@collierciov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Si cerely, i nr e '116'1e--f r(1106;1/4 )Nfl e)R. F- Print Name b 40' 'e-11) FAq A ' Lew fq___. 3 1 1 i Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFialacolliergov.net AndySolis(a�colliergov.net BurtSaundersCcr)colliergov.net PennyTaylor aC7colliergov.net BillMcDaniel(a�colliergov.net 1 RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected i the already •-rmitted building at Kalea Bay is not allowed to be bui . Please stand fir, against the opposition who are do not want this project built. J j.e� ely, (--) & li ,l •!k ' /;! / ' s•nature r 4. . �, � J print Name A►dres.' ( , IM111 (ilk,. yIJZ Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala a(�colliergov.net AndySolis@colliergov.net BurtSaunderscolliergov.net PennyTaylor@colliergov.net BillMcDaniel(c�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, / / c ✓L/ 0i4 I! / AI ✓.. Signature �m, A �-' � p /1-2,4 Print Name /1113 P W/415 Le S Lot/ ‘//7-.2 Z Address /✓9P� es FifiD y-/v3 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala(a colliergov.net AndySolis(c�colliergov.net BurtSaundersncolliergov.net PennyTaylorgcolliergov.net BillMcDaniel(c�colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built, Sinc ely, `641r- cii/zIvri--- Signature Pedro M014 Ivo Print Name (bk o � CX(, y 1--k0 k k otJ L A Address C 3 i� /�c "l fp 1( 1YN) -(-- Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala a(�colliergov.net AndySolis(a colliergov.net BurtSaunderscolliergov.net PennyTaylorcolliergov,net BillMcDaniel( colliergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. 1 1IlvSincerely,, ; I Sig r.re V ----------t Ai=NQ i 0 -0 f-\6?-40e04)t- Print Name ��/ 4 7,g `-1 L. 5 tt) A dr s Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 DonnaFiala ancolliergov.net AndySolis(a colliergov.net BurtSaunders(c�colliergov.net PennyTayloracolliergov.net BilIMcDaniel(a�col liergov.net RE: Hearing regarding the continued construction at Kalea Bay Project Dear Collier County Commissioners: I work in the construction industry in Collier County. My livelihood and my family may adversely be affected if the already permitted building at Kalea Bay is not allowed to be built. Please stand firm against the opposition who are do not want this project built. Sincerely, Signature <- Q ave Print Name 2:7 e-6, r Address ?if)," CONCRETE & MASONRY, INC. July 11, 2017 Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Re: Kalea Bay Tower Project Dear Collier County Commissioners: This letter comes to you from a concerned contractor that has operated in Naples for over thirty years. It was with great excitement that we prepared for the Kalea Bay project post a recession during which many construction contractors, including Allen Concrete, had to lay off thousands of employees. When we were awarded the concrete portion of the Kalea Bay project, we hired an able workforce to undertake it. We anticipated that the project duration would be approximately seven years. The project consists of five towers, clubhouse facilities, guest cottages, maintenance building, tennis courts and golf course. We are under notice that there is opposition to the completion of the remaining towers. When construction of tower#2 was delayed, we had to lay off several employees and reduce the hours of several others. We have tried to hold-on, but if this project does not move forward or is delayed any more, we will be forced to lay-off more employees and/or cut more hours. These employees are the same ones that fuel our local economy with their spending. Projects such as Kalea Bay attract both seasonal and permanent residents who also contract miscellaneous local trades i.e. air conditioning contractors, painters, Allen Page 1 of 2 6301 SHIRLEY STREET • NAPLES, FLORIDA 34109 • OFFICE(239)566-1661 •FAX(239) 566-8515 designers, and who patron local restaurants, hair and nail salons,car dealerships and so on. Since Naples is such a cyclical area,it needs sufficient attractive housing to compete with other cities. We have beautiful communities, but not many as grand as Kalea Bay. We hope you take into consideration all of these things and not simply the complaints of a few unit owners as you make your decision. Thank you for your attention. Sincerely, -5 Chris Allen Cc: Bill McDaniel Penny Taylor Burt Saunders Donna Fiala Andy Solis Allen Page 2 of 2 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA 07/11/17 Board of Zoning Appeals \18.A. (1:30 Time Certain) This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Judith S. Palay and 92 other property owners within the Cocohatchee Bay Neighborhood Communities, filed an appeal to the Board of Zoning Appeals of the administrative approval of building separations, building widths, building dwelling units, and building heights in the Site Development Plan Amendment SDPA-PL20160002242 for Kalea Bay aka Kinsale Condominium Phases Il-VI. The subject property is located at the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South and Range 25 East, in Collier County, Florida. [PL20170002165] NO DISCLOSURE FOR THIS ITEM ❑ SEE FILE ®Meetings ®Correspondence ®E-mail ®Calls Meeting w/ Diane Rupnow & Judy Palay, Phone Call w/ Frank Halas, Correspondence from the Law Firms, Discussions w/ Planning Commissioners, County Attorney Memorandum Advertised Public Hearings �� ***This item has been continued from the June 27, 2017 BCC meeting.*** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2007-46, as amended,the Wolf Creek RPUD, to approve an insubstantial change to the PUD, to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9 only, and providing for an effective date. The subject property is located on the north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 189± acres. [PDI-PL20160000404] NO DISCLOSURE FOR THIS ITEM IX SEE FILE ❑Meetings ®Correspondence SE-mail ®Calls Received correspondence from Attorney Steven Bracci representing the Black Bear Ridge HOA and Emails and phone call w/ Bruce Anderson. Other than that, no additional communications since Ex Parte was disclosed at the last meeting. } STEVEN J.BRACCI, PA A Professional Association Attorney at Law 9015 Strada Stell Court,Suite 102 Naples,Florida 34109 Ph: (239)596-2635 Fax: (239)431-6045 steve@braccilaw.com www.braccilaw.com July 5, 2017 VIA E-MAIL jeffklatzkow(a,,colliergov.net Jeffrey A. Klatzkow,County Attorney Collier County Attorney's Office 3299 Tamiami Trail East, Suite 800 Naples,Florida 34112 Re: Vanderbilt Reserve Wolf Creek PUD Insubstantial Change Request Vanderbilt Reserve-SDP Application for 215 unit subdivision per Permit Tracking#PL20160000157 Dear Jeff: On behalf of the Black Bear Ridge HOA and its members, the purpose of this letter is to suggest that Vanderbilt Reserve is improperly seeking a piecemeal"insubstantial change" to the Wolf Creek PUD as part of its overall effort to obtain an SDP for a 215 unit residential subdivision. The SDP application documents are referenced at Permit Tracking #PL20160000157. In order for Vanderbilt Reserve to obtain that SDP,it requires not only a reduction of its preserve area,but also an increase in its residential density. The increase in density requires a"substantial" change to the Wolf Creek PUD pursuant to LDC Sect. 10.02.13.E.1.b,.rather than the currently requested insubstantial change. For whatever reason, both staff and the owner/developer are ignoring the fact that the presently requested 215 units far exceeds the density allocated to the Vanderbilt Reserve property pursuant to the PUD. Not only do Vanderbilt Reserve's proposed 215 units exceed its overall allocated density,but the 115 dwelling units(plus 4 partial units)shown on what is known as the"Mederos"property far exceeds the 80 units that were allocated to the Mederos Parcel pursuant to Zoning Ordinance 2007-46. At last week's hearing on Vanderbilt Reserve's insubstantial change application to amend the Wolf Creek PUD to reduce the preserve area,you correctly advised the Board that the Wolf Creek PUD was "balkanized"back in 2007. In other words, rather than looking at the PUD's density as a whole,certain parcels were treated by the BCC as sub-parcels and allocated specific unit densities. This includes what is known as the"Mederos"property which, under Ordinance 2007-46, was assigned 80 development units. This same "Mederos"parcel is where the bulk of preserve is situated which the Developer/owner is seeking a reduction. Jeffrey A. Klatzkow, County Attorney Page 2 Mr. Yovanovich spoke at the June 27 PUD amendment hearing and gave his recollection of residential density for the Mederos property given his past involvement in that matter back in 2007. Mr. Yovanovich stated: "What I do know is that right now, the way the PUD is written, there is a limitation of density on what was known as the Mederos parcel of 80 units. So as long as they don't build more than 80 units pursuant to this change in area that they're making available to themselves, we don't have a dispute. If they want to put more than 80 units on that,we do think it's inconsistent with the PUD...." The fact is, Vanderbilt Reserve does want to put more than 80 units on the Mederos property, as evidenced by its pending SDP application showing 115 units (plus 4 partial units) on that parcel. Given your statement to the Board acknowledging "balkanized" density within the Wolf Creek PUD, and Mr. Yovanovich's accurate acknowledgment that there is an 80 unit density maximum on the Mederos property, it would seem that the presently pending insubstantial change application to the Wolf Creek PUD is procedurally improper. We believe that the owner's PUD application should have been for a "substantial" change to the PUD under LDC Sect. 10.02.13.E.1.b. This would then properly allow the Board of County Commissioners to review this matter in its entirety, rather than reviewing it piecemeal and thus denying the Commissioners an opportunity to see the complete picture that the preserve is being reduced to accommodate a density increase. It is apparent that staff has not provided the Commissioners with any information regarding the pending 215-unit Vanderbilt Preserve SDP application. This approach does not best serve Collier County and its citizens. Looking beyond just the four corners of the "Mederos" property, the remainder of Vanderbilt Reserve is situated on what is known as "Parcel 3b,"which by our calculations has a maximum density of 24 dwelling units (or in any event, not more than 48 dwelling units based on 4 units per acre) , capping the total allowed units within Vanderbilt Reserve at 104 units (or in any event, not more than 128 units). This is far less than the 215 units requested by Vanderbilt Reserve under its presently pending SDP application. For an understanding of the history of density on both "Parcel 3b," as well as the "Mederos" property, see the timeline and supporting documents attached hereto. We believe that the failure to properly address the need for increased density as part of the PUD amendment resulted in the concern and confusion justifiably expressed by certain board members at the June 27 meeting. This concern and confusion will likely continue until such time as the developer/owner's PUD amendment application properly addresses both the preserve reduction and the density issue. It would seem that at the July 11 meeting,the interests of the Board and the public would be best served by tabling the PUD insubstantial change request until such time as the developer/owner follows the proper PUD substantial change amendment process. Jeffrey A. Klatzkow, County Attorney Page 3 Please feel free to contact me if you wish to further discuss this matter. Sincerely, STEVEN J.BRACCI,PA Steven J. Bracci, Esq. cc: Collier County Board of County Commissioners Bruce Anderson, Esq. Client ti 4 :_. -:11.4.'4 r._aR_ �� - _t __._. —y-uw+ruac�.aaaor m .saarrsr�rr. — r.... 1.1.1.1. ,,.1 Tig61i6jCililaa 1 I I 1 L m , .ted atW „.......!:....w.:,,,,,. x �: yam. .' w« , .w 121i 64ith .fir _- ti .,. ; 3 1 i ' ' 16 • "a ' L -! '^p... ,.. -r--.. . 4` `+nom. 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' »........ ----.w..... e Mederos parcel#9 highlighted above shows 115 complete dwelling units Exhibit No.2.0 and 4 partial dwelling units Application No. 161123-9 Parcel 38 located above Parcel 9 shows 96 complete dwelling units and 4 Page 3 of 7 partial units BrownleeMichael From: Steve Bracci [steve@braccilaw.com] Sent: Wednesday, July 05, 2017 5:30 PM To: KlatzkowJeff Cc: SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; rbanderson@napleslaw.com Subject: Wolf Creek PUD /Vanderbilt Reserve request for insubstantial change Attachments: 2017.07.05 Letter to Jeff Klatzkow(Wolf Creek PUD -Vanderbilt Reserve).pdf; Exhibit No. 2.0 Application No. 161123-9 Page 3 of 7.pdf; Vanderbilt Reserve Summary June 2017.pdf; Summary Documents July 2017 2nd.pdf Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its members. Sincerely, Steve Bracci } , Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. 1 BrownleeMichael From: R. Bruce Anderson [rbanderson@napleslaw.com] Sent: Friday, July 07, 2017 1:00 PM To: SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael Cc: Steve Bracci; Richard Yovanovich (ryovanovich@cyklawfirm.com) Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Importance: High Categories: ATTENTION, PRINTED Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi, This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD. My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in compliance if my client's application is approved.The only question for the BCC to decide is the single simple insubstantial change applied for: IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAS APPROVED,TO ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT BY RESTORING WETLANDS AT THE PANTHER ISLAND MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG CORKSCREW SWAMP SANCTUARY? The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner to impact the wetland and mitigate offsite on much more environmentally valuable lands.The County, as recommended by your Planning Director, should also approve that change by approving the insubstantial PUD change. My client has several different site plans with differing numbers of dwelling units it is considering.The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or a lesser number. Allowable density is not at issue. My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by the prior owner. Please contact me if you have any questions. Thank you very much. Sincerely, Bruce Anderson R. Bruce Anderson Attorney at Law CHEFFYPASSIDOMO Cheffy Passidomo, P.A. ATTORNEYS AT LAIC 821 5th Avenue South Naples, FL 34102 (239) 659-4942 direct 1 (239) 261-9300 telephone (239) 261-9782 facsimile rbanderson@napleslaw.com www.napleslaw.com This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination,forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From: Steve Bracci [mailto:steve@braccilaw.com] Sent: Wednesday,July 05, 2017 5:30 PM To: KlatzkowJeff Cc: burtsaunders@colliergov.net; pennytaylor@colliergov.net; McDanielBill ; andysolis@colliergov.net; FialaDonna ; R. Bruce Anderson Subject: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its members. Sincerely, Steve Bracci Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court,Suite 102, Naples, Florida 34109 Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. 2 BrownleeMichael From: Steve Bracci [steve@braccilaw.com] Sent: Friday, July 07, 2017 2:38 PM To: R. Bruce Anderson; SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael Cc: Richard Yovanovich (ryovanovich@cyklawfirm.com) Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Dear Board—this is in response to Mr. Anderson's email below. I believe you should ask Mr. Anderson to clarify what he means when he states: "The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong." The impression left by Mr. Anderson is that the prior 254 site plan was approved by the county, and that the new presently pending 215 unit site plan now reduces the approved site plan. Mr.Anderson should clarify whether the county ever approved a 254 site plan, or whether he is instead just referencing a concept plan on a sheet of paper that was never approved. Sincerely, Steve Bracci let NAt111 Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635; Fax: (239)431-6045;email: steve@braccilaw.com THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com] Sent: Friday,July 7, 2017 1:00 PM To: burtsaunders@colliergov.net; pennytaylor@colliergov.net; McDanielBill ; andysolis@colliergov.net; FialaDonna ; KlatzkowJeff; nickcasalanguida@colliergov.net; michaelbosi@colliergov.net Cc: Steve Bracci ; Richard Yovanovich (ryovanovich@cyklawfirm.com) 1 Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Importance: High Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi, This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD. My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in compliance if my client's application is approved. The only question for the BCC to decide is the single simple insubstantial change applied for: IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAS APPROVED,TO ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT BY RESTORING WETLANDS AT THE PANTHER ISLAND MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG CORKSCREW SWAMP SANCTUARY? The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner to impact the wetland and mitigate offsite on much more environmentally valuable lands.The County, as recommended by your Planning Director, should also approve that change by approving the insubstantial PUD change. My client has several different site plans with differing numbers of dwelling units it is considering. The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or a lesser number. Allowable density is not at issue. My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by the prior owner. Please contact me if you have any questions. Thank you very much. Sincerely, Bruce Anderson R. Bruce Anderson Attorney at Law CHEFFYPASSIDOMO Cheffy Passidomo, P.A. ATTORKE.IS AT LAT 821 5th Avenue South Naples, FL 34102 (239) 659-4942 direct (239) 261-9300 telephone (239) 261-9782 facsimile rbanderson@napleslaw.com www.napleslaw.com This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, 2 dissemination,forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From:Steve Bracci [mailto:steve@braccilaw.com] Sent:Wednesday,July 05, 2017 5:30 PM To: KlatzkowJeff<JeffKlatzkow@colliergov.net> Cc: burtsaunders@colliergov.net;pennytaylor@colliergov.net; McDanielBill<WilliamMcDanielJr@colliergov.net>; andysolis@colliergov.net; FialaDonna <DonnaFiala@colliergov.net>; R. Bruce Anderson <rbanderson@napleslaw.com> Subject: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its members. Sincerely, Steve Bracci `1! s, \4 ; ,M - Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. 3 ..�. Exhibit r$" 3': // � �t 411.1 Jeri. • r 1.PARTIES AND PROPERTY; 5 roc �4leoRmewt- c. rfotic4e- Ikomtrcv ltcottiT'` 0:4118.-y (`Buyer") 2• agrees to buy and suckatoa. '.tate., LIC, a frloride limited liability company ("Setter") 3• agrees to set the property described es:Street Address: sae attached legal descriptio' 1' e• Legal Description: Us. attacbea Legal neacriptioe c Intangible 7' and the following Pemenel Property:Ise Addi near` c (all collectively referred to as the"Property")on the terms and conditions set forlh below. is 2.PURCHASE PRICE: $ 31575, 00• r Como , coaxer r. Durant $ 3.1 `�0 i// (a)Deposit held in escrow by s' 2 ("Escrow Agent") klatla apt tuhpor to act/slaw lint;eorcoo,1 (1U1 td)in Z business days of Effective Date) i3- Escrow Agent's address: 2110 vasdsrbilt attack Road Phone: 239.449,5200 14- (btAceltionereepostele-be'made1Q£miaow-Agent'wfthin—=eleryetifterEffectiee-Bete $ n/a 15' (e)-Add«ties;akdePeeiFte-baiit; ;a rew:ltgeet•witoia __-ciayeetter.Eftectiva.Date $ min 16' (d;�Tow fin,who 4pe'Pergat c $ n/a (e)Other n/n is (f)Ail deposits will be cradled to the purchase price at closing.Balance to close,subject 0• do 10• to adjustments and prorations.to be paid with locally drawn cashier's or official bank $ 3 i? -r iu check(s)or wire transfer. 21 3.TIME FOR ACCEPTANCE;EFFECTIVE DATE;COMPUTATION OF TIME: Unless this offer is signed by Seller and Buyer ar and an executed copy delvered to al parties on a before ao day. ,this atter will be withdrawn and the 23 Buyer's deposit,If any,will be returned.The time for acceptance of any counter offer will be 3 days from the date thy counter 24 Otter is delivered.The"Effective Date'of this Contract Is the date on which the last one.of the Seller and BuyeT has signed and as or initialed and delivered this offer or the final counter offer.Calendar days wit be used when computing time periods,except ben; as time periods of 5 days or less.Time periods of 5 days a less will be computed without Inducting Saturday,Sunday.or national feel lk n legal holidays.Any time period ending on a Saturday,Sunday,Or national legal holiday will extend until 5:00 p.m.of the next e� 1111 26 business day.Time is of the essence In this Contract. as 4.CLOSING DATE AND LOCATION: within 30 days after the expiration of the Due 3a (a)Closing Date: This transaction will be dosed sire,p .period (Closing Date),unless specifically st extended by other provisions of this Contract.The Closing Date will prevail over all other time periods including,but not limited 32 to.Financing and Due Diligence periods.In the event Insurance underwriting Is suspended on Closing Date and Buyer is unable 33 to obtain property insurance,Buyer may postpone closing up to 5 days after the insurance underwriting suspension Is lifted. s (b)Location:Closing will take place In censor County,Florida,(It left blank, u closing wil take place In the county where the Property Is located.)Closing may be conducted by mall a electronic means. x'Buyer( i( lend Seller( )L acknoiMedge naceipt of a copy of this page,which is Page 1 of 7 Pages. ,r�1 GC-3 Rev,10109 0 2009 Florida Association of FFICOr9' Al NMflwed a � � Thio aottrare is lieaatad to v.3Utley,. Conroy - Talon Konagonant a Utley, GLC] orw.trtndaettaadaok.aaa. 37 5.THIRD PARTY FiNIANCING: N/A r• ER'S OB •TIQN: Within days(5 days If .c blanc)atter Effective Date = er wit apply • third party fine • in an 3r t not •exceed %oft : • chase price• with a fixed int rate not to ex. % • per year• • an Initial variable 1 - t rate not to .. •::• %,with points• commitment • •an fees not to:• •::► % 41•of the• amount,for a te• of : d amortized over - ,with adri&.. terms as follows: 42• u B er we timely provide - and alt credit, ployme►t,financial and a : information - ••nably required by•• lender.B r u it use good faith tan• ::strode diig:..:to(Iobtain Loan • da = 45 days if left blen • Effective r'te 45 (Loan Approval Da• ,f)satisfy term: : • conditions of the Loan • •• • :I.and(110 clo-:the loan.Buyer w keep Seller: . 46 Broker fully irf. . :. about loan :.r :tion status and aut • • : : mortgage tx• - and lender to d,••':all such inf. :tion 47 to Seller and' • : .Buyer wi •tify Seller'immediately .••• obtaining - • being rejected by- lender. ae CANC • • :If Buyer, :••: using good faith and ree-••:• : diligence,falls •obtain Loan Appr. .I by Loan Ap• • : Date, 4r Buyer •- within - •(3 days if left blank)del tten notice to- staling Buyer :•,•: waives this fi ng 50 con •ency or canoe- s Contract If Buyer does - + er,then Seller ma ..: al this Con - • delivering w notice si to -�.�'(.� -, �a.�t any ti - •cotter.Unless this Orland .• contingency has•.- waived,this Corer• shed remain au• to the 52 ••tisfacdon,by • ng,of those Conditions of Lo . Approval related to a Property. DEPOSiT($) • purposes of Paragraph 5 •• :h Buyer has used •••faith and re::.•':• -diligence but.•:=not obtain •: s4 Approve(• .: Approval Dale and , either party elects ,• .: - this Con = sat forth above• the lender fa :or ss refuses .•close on or before the Closing •: :without fault on - • • s pert,the Dep.: -)shall be re :• o Buyer,whe-:upon 56 both ►. '::MI be released from all f • : obligations under • Contract,except • oblgations stated :rein as su ' ' •the sr t:.. . : . of this Contract.If -.• •_ elects to tennina- 1 is Contract as •rth above or Buyer : - to user••• faith or ss r.•:-. :•e diligence as set forth:.• :,Beller will be • :•to retain the• .s)if the transection oes not dose. 5r 6,TM.E: Seller has the legal capacity to and will convey marketable title to the Property by IR statutory warranty deed sr O other ,free of liens,easements and encumbrances of record or known to Seller. 51 but subject to property taxes for the year of closing;covenants,restrictions and public utility easements of record;existing zoning er and governmental regulations;and(list any other matters to which title will be subject) s' sr . es provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as sa• 5r (a)Evidence of Title:The party who pays the premium for the title insurance policy will select the dosing agent and pay for i-. ee• the tine search and closing services.Seller wit,at(check one) 51 Sellers 0 Buyer's expense and within 7 days 0 alter tf sr Effective Date Q or at least days before Closing Dale deliver to Buyer(check one) m 410.)a title insurance commitment by a Florida licensed title insurer and,upon Buyer recording the deed,an owner's policy n In the amount of the purchase price for fee simple title eubject only to exceptions stated above.if Buyer is payeig for the ra evidence of title and Seller has an owner's policy,Seller will deliver a copy to Buyer within 15 days after Effective Date. 7r O(ii)an abstract of title,prepared or brought current by an existing abstract firm or certified as correct by an existing firm. ri However,if such an abstract is not available to Seller,then a prior owner's title poky acceptable to the proposed insurer as 75 a base ler reissuance of coverage may be used.The prior policy we Include copies of at policy exceptions end an update 76 in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with 77 copies of all documents recited in the prior poky and in the update.If such an abstract or prior policy Is not available to 7s Seller then(.)above will be the evidence of title. r9 (b)Title Examination:Buyer we.within 15 days from receipt of the evidence of title deliver written notice to Seiler or title es defects.Tele wit be deemed acceptable to Buyer If(1)Buyer fats to deliver proper notice of defects or(2)Buyer delivers proper e1- written notice and Seller cures the defects within is days from receipt of the notice("Curative Period'). If the defects are az cured within the Curative Period,dosing we occur within 10 days from receipt by Buyer of notice of such curing.Seller rney s3 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period.If the defects are s• . not cured within the Curative Period,Buyer will have 10 days from receipt of notice of Sellers Inability to cure the detects to es elect whether to terminate this Contract or accept title subject to existing defects aud close the transaction without reduction in es purchase price. er (c)Survey:(check applicable provisions below) ea 4i Seller will,within 'r days from Effective Date,delver to Buyer copies of prior surveys,plans,specifications.and 1./7 ao• engineering documents,if any.and the following documents relevant to this transaction: scr .prepared for Seller or in Seller's 91' Boyer( )( 1 wild Seller( !(. �acknowledge receipt of a copy of this page,which is Page 2 of 7 Pages. GC-3 Rev.10/06 0 2006 Ronna Assockeer of Foams* Ai Rights Reeervsd ilia •oltwt• as llesLlad to [J. Catty - Taloa lismagr.wt s saucy, 41.01 ww.tran■a.tioodaak.sow. se possession,which show all currently existing structures.In the event this transaction does not close,ell documents provided 93 by Seller will be returned to Seller within 10 days from the date this Contract is terminated. sa 6i Buyer wit,at Cl Seller's 6I Buyer's expense and within the time period allowed to clew and examine title evidence, ss obtain a current certified survey of the Property from a registered surveyor.If the survey reveals encroachments on the f- oe• Property or that the improvements encroach on the lands of another, XBuyer will accept the Property with existing sr encroachments Cl such encroachments MI constitute a title defect to be cured within the Curative Period. or (rf)ingress and Egress: Seiler warrants that the Property presently has ingress and egress. 99 7.PROPERTY CONiDfTION: Seller Mil deliver the Property to Buyer at the time agreed In its present"as Is"condition,ordinary ice wear and tear excepted,and will maintain the landscaping and grounds in a comparable condition.Seiler makes no warranties ice other than marketability of title.By accepting the Property'as is,'Buyer waives all claims against Seiler for any defects in the 1a2 Property.(Check(a)or(b)) sae Cr(a)As Is: Buyer has inspected The Property or waives any right to inspect end:••=pts the Property in its as is`condition, for fit(b)Due Diligence Period:Buyer wi,at Buyer's expense and within�i` days from Effective Date("Due Diligence toe Period"),determine whether the Property is suitable,In Buyer's sole and absolute discretion,for Buyer's intended use and ice development of the Property as specified In Paragraph 6.During the Due Diligence Period,Buyer may conduct any tests, toy analyses,surveys and investigations('inspections")which Buyer deems necessary to determine to Buyer's satisfaction the ice Property's engineering,architectural,environmental properties;zoning and zoning restrictions;flood zone designation and we restrictions;subdivision regulations;soil and grade;avalabllty of access to public roads,water,and other utilities;consistency 110 with local,state and regional growth management and comprehensive land use plans;avaiebiaty of permits,government n 1 approvals and scenes;compliance with American with Disabilities Act;absence of asbestos,soil and ground water 112 contamination;and other inspections that Buyer deems appropriate to determine the suitabitty of the Property for Buyer's 113 intended use and development.Buyer will deliver written notice to Beller prior to the expiration of the Due Diligence Period 114 of Buyer's determination of whether or not the Property is acceptable.Buyer's failure to comply with this notice requirement is wig constitute acceptance of the Property in its present'as le condition.Seller grants to Buyer,its agents.contractors and 118 assigns,the right to enter the Property at any time during the Due Diligence Period for the purpose of conducting Inspections; 117 provided,however,that Buyer,its agents,contractors and assigns enter the Property and conduct Inspections at their own 118 risk.Buyer will indemnify arid hold Seller harmless from losses,damages,costs,claims and expenses of any nature,including sift attorneys'fees at all levels,and from liability to any person,arising from the conduct of any and all inspections or any work 12o authorized by Buyer.Buyer will not engage in any activity that cotta result in a mechanic's lien being flied against the Property 121 without Seller's prior written consent.In the event this transaction does not close,(1)Buyer will repair all damages to the 1z2 Property resulting from the Inspections and return the Properly io the condition it was in prior to conduct of the Inspections,and 123 (2)Buyer Mil,et Buyer's expense,release to Seller all reports end other work generated as a result of the inspections.Should 121 Buyer deliver timely notice that the Property Is not acceptable,Beller agrees that Buyer's deposit we be immediately returned 12s to Buyer and the Contract terminated. 125 (c)Walk-through Inspection:Buyer may,on the day prior to closing or any other lime mutually agreeable to the parties, 127 conduct a Mai'wale-through"inspection of the Properly to determine compliance with this paragraph and to ensure that at 12s Property is on the premises. 129 S.OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller coil continue to operate the Property and any business ix, conducted on the Property in the manner operated prior to Contract and will take no action that would adversely Impact the 132 Property,tenants,lenders or business,if any.Any changes,such as saatinixecaataipaoreathat matwlally affect the Property or 132-Beyer's;intended use of the Property will be permitted 48 only with Buyer's consent O without Buyer's consent. 5Saller contracting to sell a lot(s) `/ 133 9.CLOSIN(1U PROCEDURE: tae (a.)Possession and Occupancy:Beller wil delver possession and occupancy of the Property to Buyer at dosing.Seller Wil 135 provide keys,remote contras,and arty security/access codes necessary to operate all locks,mailboxes,and security systems. 13e (b)Casts:Buyer we pay buyer's attorneys'fees,taxes and recording fees on notes,mortgages and financing statements and 137 recording fees for the deed.rteler will pay seller's attorneys'fees, and recording fees for documents needed 136 to cure title defects.If Seller is obligated to discharge any encumbrance at or prior to closing and fails to do so,Buyer may use 131 purchase proceeds to satisfy the encumbrances. 1-V� #rmytl taxes oro deed. 11O (c)Documents:Seller wit provide the deed;bis of eels,mechanic's len affidavit;originals of those assignable service and lar maintenance contracts that will be assumed by Buyer atter the Closing Date end letters to each service contractor from Seller 142'Buyer( )( )and Seller( )(._-_�scknovAedge recent Of a OOpir di tufa page,which is Page 3 01 7 Pages. CC-3 Rev.160e A'sag Florida AMooi-ti ,of Ammo* AR faint.Reserved ml. .ofwar. u liosolood to a. Cofasoy - Taloa >tsa.aa>•wt• a.ditr. LKl wn.ts.aa.atload..k,aoa. 143 advising each of them of the sale of the Property and,If applicable,the transfer of its contract,and any assignable warranties or 144 guarantees received or held by Seller from any manufacturer,contractor,subcontractor,or material supplier in connection with ,as the Property;current copies of the condominium documents,if applicable;assignments of leases,updated rent roll;tenant and 14s lender estoppel letters;assignments of permits and licenses;corrective hstruments;and letters notifying tenants of the change ,u In ownersheenantal agent.If any tenant refuses to execute en estoppel letter,Seller wit certify that Information regarding the ,oa tenant's lease is correct.If Seller is a corporation,Stotler wit delver a resoljtlon of its Board of Directors authorizing the sale +1c and delivery of the.deed and certification by the corporate Secretary certifying the restitution and setting forth facts showing the ,eo conveyance conforms to the requirements of local law.Seiler will transfer security deposits to Buyer.Buyer wit provide the ¶51 closing statement,mortgagee and notes,security agreements,and financing statements. 152 (d)Taxes and Proration*:Real estates taxes,personal property taxes on any tangible personal property,bond payments 163 assumed by Buyer,interest,rents,association dues,insurance premiums ac ceptabie to Buyer,and operating expenses will be tan prorated through the day before closing,if the amount of taxes for die current year cannot be ascertained,rates for the previous +55 year seri be used with due allowance being made for improvements and exemptions.Any tax proration based on an estimate hes will,at request of either party, be readjusted upon receipt of current year's tax tell;this provision will survive closing. ,sr (e)Sp • .nt Uens:Cern(: • confirmed,and r: .:. special ass-.: : • lions as•T the Closing•,, a will be p:': lee by or.If a cell.-•,conferred,or ••special. :: • antis payable installments, ' - - will pay el : ents• 1s9 an le on• before the Clod • a•: e,with any i .1. : for any. •• extending' : . • the C•, .Data p leo Buyer wi ::. me all instalim: is that become.. :and payable- • the Closing •: e.Buyer win . •• ..- or ail ,ah ease • of arty kind'which•.. • due and• rig after Closing ate,unless an. provement is ,betantiaty•, • : :•as Ira of Cosi • a.-•:.k an improves is sue - - •.mpleted as of : Closing D.it . has not ree ed in a lien• .re closing, ea Seiler I pay the amount. . - last estimate• the assessment. hoc (I)Foreign Investment In Real Property Tax Act(FIRPTA):If Sellar Is a"foreign person"as defined by FiRPTA,Seller and h se Buyer agree to comply with Section 1445 of the internal Revenue Code.Seller and Buyer will complete,execute,and deliver is as directed any instrument,affidavit,or statement reasonably necessary to comply with the FIRFTA requlrernerits,including ,sr delivery of their respective federal taxpayer identification numbers or Social Security Numbers to the dosing agent.If Buyer tee does not pay sufficient cash at dosing to meet the withholding requirement,Seller we deliver to Buyer at dosing the additlona. hes cash necessary to satisfy the requirement. 170 10.ESCROW AGENT: Seller and Buyer authorize Escrow Agent(Agent)to receive,deposit,and hold funds and other property 171 in escrow and,Subject to collection,disburse them In accordance with the terms of this Contract.The parties agree that Agent rr will not be trade to any person for misdelivery of escrowed Items to Seiler or Buyer,unless the misdelivery is due to Agent's wilful 73 breach of this Contract or gross negligence.If Agent has doubt as to Agent's duties or obligations under this Contract.Agent may, 174 at Agent's option,(a)hold the escrowed Items until the parties mutually agree to its disbursement or until a court of competent ,re jurisdiction or arbitrator determines the rights of the parties or(b)deposit the escrowed items with the clerk of the court having ra jurisdiction over the matter and file an action In interpleader.Upon notifying the parties of such action.Agent wtl be released from in at seedily except ler the duty to account for items previously delivered out of escrow.If Agent is a licensed reel estate broker, 17e Agent we comply with Chapter 475,Florida Statutes.In any suit it which Agent interpleads the escrowed items or is made a party Ira because of acting as Agent hereunder,Agent will recover reasonable attorney's fees and costs Incurred,with these amounts to be iso paid from and out of the escrowed items and charged and awarded as court costs to favor of the prevaing party. 16. 11.CURE PERIOD: Prior to any claim for default being made,a party we have an opportunity to cure any alleged default.If rsz a party falls to comply with any provision of this Contract,the other party we delver written notice to the non-complying party 7 hes•specifying the non-complence.The non-complying party will have s days(6 days if left blank)after delivery of such notice to .64 cure the non-compliance. les 12.RETURN OF DEPOSIT: Unless otherwise specified in the Contract,In the event any condition of this Contact Is not met las and Buyer has timely given any required notice regarding the condition having not been met,Buyer's deposit will be returned in ire accordance with.applicable Florida laws and regulations. tae 13.DEFAULT: iso (a)In the event the sale is not closed due to any default or failure on the pen of Seller other than failure to make the title iniac marketable after diligent effort,Buyer may either(1)receive a refund of Buyer's deposit(s)or(2)seek specific performance.If ,o, Buyer elects a deposit refund,Seller will be liable to Broker for the full amount of the brokerage fee. lea (b)In the event the sale is not closed due to any default or failure on the part of Buyer,Seller may either(1)retain all deposlt(s) 1w paid or agreed to be paid by Buyer as agreed upon Iquidated damages,consideration for the execution of this Contract,and 154'Buyer(ettl)I )and Setter(_„}(_, }acknowledge receipt of a copy of this page,which Is Page 4 of 7 Ptgee. CC-3 Rev.MAW O 2000 Florida Aeeontetbn of Raexea• Al fights Rommel mia maroon it iio.os.e to U . o....y - :at...e441440m004t 4 aa.iay, LLQ7 ..tr.e. itioaissk.e . 1sr in full settlement of any claims,upon which this Contract will terminate or(2)seek specific performance.if Beller retains the las deposit.Seller will pay the Brokers named In Paragraph 20 fifty percent of ell forfeited deposits retained by Seller(to be split 197 equally among the Brokers)up to the fug amount of the brokerage fee. les 14.ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract,the prevailing party, Iso which for purposes of this provision wil include Buyer,Seller and Broker,will be awarded reasonable attorneys'fees,costs,and 200.expenses, 201 16.NOTICES: All notices wit be in writing and may be delivered by mail,personal delivery,or electronic means.Parties agree to Zoe send all notices to addresses specified on the signature page(s).Any notice,document,or Item given by or delivered to an attorney no or real estate licensee(Including a transaction broker)representing a party will be as effective as if given by or delivered to that party. lac 18.DISCLOSURES: zea (a)Commerda(Reel Estate Sales Commission Lien Act The Florida Commercial Real Estate Sales Commission Lien Act los provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, 207 the broker may claim a lien against your net sales proceeds for the broker's commission.The broker's lien rights under the act Zoe cannot be waived before the commission is earned. 200 (b}Special Assessment Liens Imposed by Public Body:The Property may be subtract to unpaid special assessment lien(s) 21a imposed by a public body. A public body includes a Community Draeiopment District.)Such liens,If any,shall be paid es set 211 forth In Paragraph 9.(e}. 212 (c)Radon Clan Radon Is a naturally occurring radioactive gas that when it has accumulated in a b ulkiing in sufficient quantities, 213 may present health risks to persons who are exposed to It over time.Lavoie of radon that exceed federal and state guidelines 2u have been found in bid/dings In Rohde.Additional Information regarding radon end radon testing may be obtained from your 215 county public health unit. 219 (d)Energy-Efficiency Rating Information:Buyer acknowledges receipt et the information brochure required by Section 217 553.996,Florida Statutes. 219 17.RISK OF LOSS: 215 (a)if,after the Effective Date and before dosing,the Property Ia damaged by fire or other casualty,Seller will bear the risk of no loss and Buyer may cancel this Contract without lability and the deposits}will be returned to Buyer.Alternatively,Buyer will 221 have the option of purchasing the Property at the agreed upon purchase price and Seiler will transfer to Buyer at closing any 222 insurance proceeds,or Seller's claim to any insurance proceeds payable for the Carnage.Seller will cooperate with and assist 223 Buyer in collecting any such proceeds. 224 (b)if,after the Effective Date and before closing,any part of the Property is taken in condemnation or under the right of eminent 225 domain,or proceedings for such taking will be pending or threatened,Buyer may cancel this Contract without liability end the 226 deposit(s)will be returned to Buyer.Antemativey,Buyer will have the option of purchasing what is left of the Property at the 227 roved upon purchase price and Seller wll transfer CO the Buyer et dosing the proceeds of any award,or Sellers claim to any 228 award payable for the taking.Seiler will cooperate with and assist Buyer in colecting any such award. ter ill ASSIGNABILdTY:PERSONS BOUND: This Contract may be assigned to a rebated entity,and otherwise O is not assignable ✓r 23kr 6[is assignable.The terms"Buyer," Seiler and"Broker"may be singular or plural.This Contract is binding upon Buyer,Seller 231 and their heirs,personal representatives,successors end assigns(if assignment la permitted). 252 19.MiSCELLANEOUB: The terms of this Contract constitute the entire agreement between Buyer and Seller.Modifications of 233 this Contract wal not be bincortg unless in writing,signed and delivered by the party to be bound.Signatures.Initials,documents 234 referenced in this Contract,counterparts and written modifications comma ricated eiactronicalty or on paper wif be acceptable 235 for all purposes,including delivery,and will be binding,Handwritten or typewritten terms inserted in or attached to this Contract 230 prevail over preprinted terms.if any provision of this Contract IS or becomes Invalid or unenforceable,at remaining aining provisions will 237 continue to be fully effective.This Contract will be construed under Florida law and will not be recorded in any public records. • 23A'Buyer(Si l( 1 end BOW'U( J ecie'rVedes Maid of a cagy of the pilpa,what is Page 6 01 7 Pages. CC-9 Rev.10/09 0 2009 Portia Aremistlon Cl neuter Al Rants Reserved rata software is llcsaasd to J. Coeroy - riles M..+r.Mnt ■ malty, LLCI www•exesseottonds.R.aas. 28a 20.BROKERS: Neither Seller nor Buyer has used the services of.or for any other reason owes compensation to,a licensed real 2.o estate Broker other than: ,24r (a)Seller's Broker: 242 (COrlpany Nana) (Uoswee) 243" 244 (AddreFr,To1rFarxne.Fax,E-r, 24.5• who C)is a single agent O is a transaction broker 0 has no brokerage relationship end who will be compensated byMSelter 285' CI Buyer 0 both parties pursuant to O a resting agreement O other(specify) 24r i4a' (b) Buyer's Broker j\JOY1G 249 f arroeny Name) (Lienee) 250' 251 Oddreln,T610010110,Fer.E•rte0 2sr who O is a single agent OIs a transaction broker 0 has no brokerage relationship and who will be compensated by 0 Seller's 250• Broker O Seller M Buyer O both parties pursuant to O an MLS offer of compensation 0 other(speclfr) 251' . 255 (collectively referred to as'Broker')in connection with any act relating to the Property,including but not limited to inquiries, 250 introductions,consultations,end negotiations resulting ki this transaction.Seller and Buyer agree to Indemnify and hold Broker 257 harmless from end against losses,damages,eats end expenses of any kind,iriduding reasonable attorneys'fees at all levels, 2se and from liability to any person,arising from(1)compensation clakned which is inconsistent with the representation in this 259 Paragraph,(2)enforcement action to collect a brokerage fee pursuant to Paragraph 10,(3)any duty accepted by Broker at the NO request of Sellar or Buyer.which is beyond the scope of services regulated by Chapter 475,Florkia Statutes,as amended,or(4) 261 recommendations of or services provided and expenses Incurred by any third party whom Broker refers,recommends,or retains 262 for or on behalf of Saler or Buyer, 283 21,OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as en addendum to this Contract); 264• O Arbitration 0 Setter Warranty O Existing Mortgage 2ss• O Section 1031 Exchange 0 Coastal Construction Control Line O Buyer's Attorney Approval Zee' 0 Property Inspection and Repair O Flood Area Hazard Zone O Seller's Attorney Approval ear 0 Seller Representations • 0 Seller Financing >B Other Bee Ad4aaeua 268 22.ADDITIONAL TERMS: 2a0• 210' 27n• 272' 273' 274- 275' 270' 277' 270• 279 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE leo OF AN ATTORNEY PRIOR TO SIGNING.BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND al REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL 282 FOR LEGAL ADVICE(FOR EXAMPLE,INTERPRETING CONTRACTS.DETERMINING THE EFFECT OF LAWS ON 2a3 THE PROPERTY AND TRANSACTION,STATUS OF TTTLQ FOREIGN INVESTOR REPORTING REQUIREMENTS, 264 ETC.)AND FOR TAX,PROPERTY CONDITION,ENVIRONMENTAL AND OTHER ADVICE BUYER ACKNOWLEDGES 288 THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS(ORAL,WRITTEN OR aas OTHERWISE)BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER 267 INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION.BUYER AGREES TO RELY SOLELY ON SELLER. 28e PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, 280 SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 290'Buyer ( )end Seller( I{_}ar mowledge receipt of a copy of this page,which Is Pages of 7 Pages. CC-2 Aev.160D9 0 2000 Ronda Aesao6Aon d Rr,K.m s• Al FV 5a R000rwd InalstatTit 291 Each person signing this Contract On behalf of a party that is a business entity represents and warrants to the other party that • 292 such signatory has full power and authority to enter into and perform this Contract in accordance with its terms and each person 2a3 executing this Contract and other documents on behalf of such party has been duly authorized to do so. 2Qy r Date: 1At�u 31 20(O 295 atur Buyerl 0y 5-135-13•1 ole- EYSATiCk, i -�T k- (L C Tax ID No.: 3 LF6 Lf S$ 29r (Tye or Printed Name Of Boyar) 2203•T e: Man 131841 Telephone: 23C( 5�?Z -73(4`1 • 2dr Date: Sao (Signature of Buyer) 301• Tax ID No.: 3a2 (Typed or Printed Name of Buyer) •Title: Telephone: 3a'Buyer's Address for purpose of notice: 35'Facsimile: E-mall: auck*tane tate*3 °'�°R- _CU-7 L Date: Oj . -, 201 307 (Signature of War) } Sae• Q. Grady Minor Tax ID No.: 5(�.1 ' 2-t 7(2,5q- . `' ace (Typed or Potted Name of Sailor) 31v1itle: Co•afan.Qar Telephone: (2: 6:11-- L24:7 o3 24 2. Bnckatoae Rotates, LLC. a Florida United ].iabl.ity �J� n/2`' Date: r t 1 - !/1 "( D 312 (Signature of Seiler) 313• Michael D. 1fOOre Tax ID No.: S 2- } S 2?'3 4 314 (Typed or Printed Name d Seller) T1s Tdb; Co-teanasiez Teiephorse:Z i — 227 ! r -9- 31r Sellers Address for purpose of notice: C f v AL A g57 aft(D Vrv�Jg,'ad f �L h. 02d)� r� r�r ' oo's 3%'/O 31r Facsimile: 2..2 J q t �'" 4,y - D( T 0 E-mail: ma Fio Ida Association of RFILTDas•makes rio representation ea to the legal validity a adequacy cl ant provision of this roan Si any specific transaction.This aandardcad brm ehorld not be used In ownpiet transactor a vitt extensive rides or sddRions.Thk form is avertable for um,by ter antes red aerate industry and is not Mended to identity the user Pt R M-701 .FiriN.TCa'I a registered polo:dim nrmbarihp nwk whidt may be used only by reel WW2 flame/sea who ars merntw+s ot the NATIONAL ASSY ATlpnr OF REALTORS'and who subways b tts Code of Seim The eopy+iptlt laws or the thhed States(17 U.B.Code)bdid the ureic/Modred reproduction of tela iorm by any means irdudha faeshnte a oonputartzed bans, • 318'Buyer(•( )end 5 of( acIcnowlec a receipt of a copy of this page,which la Page 7 a 7 Pages. c0-3 ave.10/00 0 2009 Florida Asad tort of Ramie U Ratite Reserved mid software 10 liaanaad to hi. taamy - Taloa waastemat a aea3ty, LLCI wavatataeaatiea4ak.ea. Wei Black Ridif Phase 1-Plat Book 43,Pages 89 through 92 Lot(s)2,4,5,6,9,10, 11, 12,14, 15, 16,11,20,21,23, 28,31,34,35,37,31,39,40,42,43,46, 47,48, 52,53,54,55,58,59,62,63,64&67 Phase ll-Plat Book 47,Page 40 Lol(s)68,69,73,74,75,76,77,78,81, 84,88,119,90,91,92,93 Phase Ill-Plat Book 48,Page 71 Lot(s)95,96, 98&99 i • ADDENDUM TO FAR COMMERCIAL CONTRACT BLACK BEAR.RIDGE This Addendum to FAR Commercial Contract("Addendum")is made and entered into as of the date set forth on the Contract to which this Addendum is attached("Contract") by and between the parties set forth as Seller and Buyer on said Contract, for the sale and purchase of the following real property: Those Black Bear Ridge subdivision Lots as specifically set forth in the Exhibit to the Commercial Contract(the"Property"). The Contract and this Addendum shall be collectively referred to as the Contract. IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR IN PART WITH THE TERMS OF THE CONTRACT, THE PROVISIONS OF THIS ADDENDUM SHALL CONTROL. 1. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY THE BUYER THAT ANY 1!, EXPRESS REPRESENTATIONS,WARRANTIES,OR STATEMENTS CONTAINED IN THE CONTRACT, WHETHER REFERRING TO THE CONDITION OF THE PROPERTY, OR WHETHER REFERRING TO THE EXISTENCE OF FEATURES, FUNCTIONS OR SERVICES RELATING TO OR SERVING THE PROPERTY (INCLUDING, BY WAY OF EXAMPLE ONLY, WHETHER THE PROPERTY HAS PARTICULAR TYPES OF UTILITY SERVICES), ARE SPECIFICALLY WAIVED, DISCLAIMED, AND RENDERED NULL AND VOID AND THE PROPERTY IS BEING SOLD "AS IS-WHERE IS" AND SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROPERTY AND HAS NO OBLIGATIONS FOR REPAIRS THEREOF. 2. APPROVAL BY IBERIA BANK. Buyer acknowledges that Iberia Bank ("Iberia") has a Mortgage on the Property. The Contract is contingent upon a)the approval of the purchase price, terms of the Contract and the Closing Statement;b)Iberia's agreement to accept a payoff.which is less than the balance due on the loan, and : c) Iberia's release and satisfaction of the mortgage upon receipt of the discounted Closing payoff. Iberia shall have twenty(20)days from the Effective Date to approve the purchase price and contract terms (the "Approval Deadline"). In the event that Iberia has not delivered written acceptance within the Approval Deadline, either party may terminate the Contract by delivering written notice to the other. Buyer's right to terminate shall cease to exist if Seller gives notice to Buyer that Seller waives this contingency or that Lender Approval has been obtained prior to Buyer giving Seller notice of termination. TIME PERIODS. All time periods under the Contract shall commence from the date Seller vz either delivers notice to Buyer of Lender Approval or the date Seller has waived the contingency. Buyer and Seller agree to extend the Closing Date in the Contract, not to exceed ten(10)days if Iberia <<� requires additional time to complete the short sale transaction. 3. ASSIGNMENT OF PERMITS,PLANS AND DEVELOPMENT RIGHTS. At Closing,Owner to assign(I)its development rights,density rights,drainage rights,and allocations to Buyer(ii)all architectural, engineering, building and similar plans,specifications,drawings,studies, reports, plats, permits surveys, work product,and the like related to the Land and Improvements, (iii)all permits, approvals, and applications with any governmental authorities pertaining to the Land or any portion thereof, and all sewer taps,allocations and agreements for utilities and utility deposits, if any, (iv) all rights and interests appurtenant to the Land and Improvements arising out of or related to any property owners associations, declaration, reciprocal easement agreement,or other encumbrance affecting title to the Land in connection with a common development scheme with other lands, and other embellishments now or in the future on or appurtenant to the Land, and all other intangible property relating to the Land,if any("Intangible Property")to Buyer. 4. SE I LEMENT AS FINAL. a. Acceptance of the Deed at Closing shall constitute Buycr's full acceptance of the condition of the Property and a waiver of Buyer's right to object to its condition or assert any claim related to the Property at any time in the future. b. This provision shall survive delivery of the Deed and the Closing. 5. INDEMNIFICATION. a. Buyer agrees to indemnify and fully protect, defend and hold Seller, its officers, ✓ directors,employees,shareholders,servicers,representatives,agents,attorneys,tenants,brokers,successors and assigns,harmless from and against any and all claims,costs,liens, loss, damages, attorney's fees and expenses of every kind and nature that may be sustained by or made against Seller, its officers, directors, employees, shareholders,servicers, representatives,agents,attorneys,tenants, brokers,successors or assigns,resulting from or arising out of i. Inspections or repairs made by Buyer or its agents, employees, contractors, successors or assigns; ii. The imposition of any fine or penalty imposed by any governmental entity resulting from Buyer's failure to timely obtain any permits,approvals,repairs or inspections or to comply with all applicable laws,rules,ordinances and regulations; iii. Claims or amounts due and owing by Seller for taxes, homeowner's association dues or assessment,or any other terms prorated at Closing under this Contract; iv. Buyer or Buyer's tenants, agents or representatives who use or occupy the Property prior to Closing;and v. All indemnities described in this Contract shall survive the Closing or termination of the Contract. BUYER: SELLER: BUCKSTONE ESTATES, LLC, a Florida limited liability company By: , die By: � �� - Name. Fti'j[ 3f. it. 1 ego w+en.�tLLC Name: 11.4.,(412e-1 7 144:1V-4 Its: ttic_no Its: C -11-47r— Date: /� us� 34 ,2c Date: 4f w R;tW,{jCreek£rw+rstRFPW,*,,,d,m,to CowlrectBwckrloae.BBR.docx 2 ASSIGNMENT OF CONSTRUCTION DOCUMENTS AND PERMITS THIS ASSIGNMENT OF CONSTRUCTION DOCUMENTS AND PERMITS (this "Assignment".) is made and delivered on this IWO-of December, 2010, by Buckstone Estates, LLC, a Florida limited liability company (the "Assignor"), to Black Bear Ridge Naples, ULC, a Florida limited liability company(the"Assignee"). STATEMENT OF PURPOSE WHEREAS, Assignor has this day transferred its rights title and interest in that certain real property described as: Exhibit"A"attached hereto; and WHEREAS, Assignor desires to transfer to Assignee all of its right, title and interest in and to all construction plans, permits and government entitlements for its benefit including, but not limited to the items set forth on: 'Exhibit"B"attached hereto. WHEREAS: Assignor is the "Developer" in the Declaration of Covenants, Restrictions and Easements For Black Bear Ridge recorded on August 30, 2005 in Official Records Book 3879, at Page 1030 and amendments thereto (the "Declaration") and desires to assign its right, title and interest as "Developer" under the Declaration for the purpose of continuing the process of development of the Black Bear Ridge community and the sale of single family residences to third parties. NOW, THEREFORE, for and in consideration of the sum of TEN and No/100 DOLLARS ($10.00)and other good and valuable consideration, Assignor hereby agrees as follows: I. Assignor hereby grants, transfers and assigns to Assignee, its successors and assigns, all of Assignor's right, title and interest in, to and under the Construction Documents, Permits and Governmental Entitlements. Notwithstanding the provisions above to the contrary, Assignor shall retain its rights to the escrowed funds on deposit with Collier County pursuant to the Construction, Maintenance and Escrow Agreements for Subdivision Improvements with the Board of County Commissioners of Collier County, Florida. 2. Assignor warrants and represents to Assignee that: (a) there are no other assignments or conveyances of any of Assignor's rights under the Construction Documents, Permits and Governmental Entitlements to any other person or entity; (b) Assignor has not done any act or failed to do any act which might prevent Assignee from,or limit Assignee in,acting under any of the provisions contained herein; (c) no default exists under the terms of the Construction Documents, Permits and Governmental Entitlements and no prohibition exists in any instrument to which Assignor is a party or by which Assignor is otherwise bound relating to Assignor's right to execute this • Assignment and perform all of Assignor's obligations contained herein. 3. The parties agree that whenever used in this Assignment, the words "Assignor" and "Assignee" shall include their respective heirs, executors, legal representatives, administrators,successors and assigns.The pronouns used herein shall include,when appropriate, either gender and both singular and plural. 4. Assignor represents to Assignee, its successors and assigns, as follows: (a) Assignor is currently the Developer under the Declaration; (b) Assignor has good right, power, and authority to assign and convey its rights as the Developer under the Declaration to Assignee; and (c) this Assignment and Assumption has been duly authorized by Assignor and is executed on behalf of Assignor by a representative duly authorized to execute the same. [SIGNATURES ON THE FOLLOWING PAGE) IN WITNESS WHEREOF, the Assignor has signed and sealed this Assignment or has caused this Assignment to be signed and sealed by duly authorized representatives the day and year first above written. WITNESSES: ASSIGNOR: BUCKSTONE ESTATES,LLC,a Florida limited liability company i i(-1A-1-z- By: a 0-- Jody K.Vanderbilt Q. Grady Minor Its: Co-Manager Print e /6T/Od5(-------. (Corporate Seal) Beth D. Lightner Print Name s OF By: -/),Jody Vanderbilt lt Michael D. Moore Its: Co-Manager Print Name 47,617 A/C-- Beth D. Lightner (Corporate Seal) Print Name STATE OF FLORIDA COUNTY OF COLLIER " The foregoing instrument was acknowledged before me this Ar'day of December, 2010 by Q. Grady Minor as Co- Manager of Buckstone Estates, LLC, a Florida limited liability company on behalf of the company, w]ho is personally known to e or who has produced (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person executing this instrument did take an oath. ___--_____ - l//C�// " roosts 513 _\ N Public { e(PS ° iii idorw++ My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /6'' day of December, 2010 by Michael D. Moore as Co- Manager of Buckstone Estates, LLC, a Florida limited liability company on behalf of the company, who is personally known to me or who has produced (type of identification) as identification and who did (did not)take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person executing this instrument did take an oath. -= -ten't siitag ,PI Notar -Pub is O'Y 'M. F-. .>.v. �'?i.'-?= '111 t,aosti e:, . My Commission Expires: ... .sTars IlairiPot.;,,. ANCOAMM0DO01te% .° E%PIFie&OMAR.4,9013 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lots 2,4, 5, 6, 9, 10, 11, 12, 14, 15, 16, 18, 20,21, 23, 28, 31, 34, 35, 37, 38, 39, 40, 42, 43,46, 47,48, 52, 53, 54, 55, 58, 59, 62, 63, 64,67, Black Bear Ridge-Phase 1, a subdivision according to the plat thereof as recorded in Plat Book 43, Pages 89 through 92,of the Public Records of Collier County, Florida. AND Lots 68, 69, 73, 74, 75, 76, 77, 78, 81, 84, 88, 89, 90, 91, 92, 93, Black Bear Ridge- Phase 2,a subdivision according to the plat thereof as recorded in Plat Book 47,pages 40 through 42, of the Public Records of Collier County, Florida. AND Lots 95, 96, 98, 99, Black Bear Ridge - Phase 3, a subdivision according to the plat thereof as recorded in Plat Book 48, pages 71 and 72, of the Public Records of Collier County,Florida. EXHIBIT B LIST OF ENTITLEMENTS, PERMITS, & PLANS • Zoning/Entitlement o Wolf Creek RPUD(Ord. 03-45); (Ord. 07-46) • Construction Plans& Plat o Collier County-Black Bear Ridge—Phase 1 Plans& Plat(AR-9984) o Collier County - Black Bear Ridge—Phase II Plans&Plat(AR-11262) o Collier County-Black Bear Ridge—Phase III Plans& Plat(AR-11262) • Permits o South Florida Water Management-Water Use Permit(11-02343-W) • Applications(#040629-7); (#040901-6);(#051206-12); o South Florida Water Management - Environmental Resource Permit (11- 02332-P) • Applications(#030328-10); (#05819-20) • Pre-paid Road Impact Fee Credits o $131,670 of Collier County pre-paid COA credits (as of November 2nd, 2010) BrownleeMichael From: Richard Yovanovich [ryovanovich©cyklawfirm.com] Sent: Friday, July 07, 2017 3:48 PM To: R. Bruce Anderson; SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael Cc: Steve Bracci Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Attachments: Stock pf Buckstone Estates Purchase & Sale Agreement.pdf; Assignment of Construction Documents & Permits.pdf Dear Commissioners, The petition before the BCC pertains to the modification of the preserve area. As I previously stated, it is my understanding that the Mederos parcel is limited to a density of 80 units. Mr. Bracci provided you with some of the legislative history supporting my understanding with regards to the PUD limiting density. Mr.Anderson stated to the BCC that the change in preserve area is related to increasing the lot size. However, the current plat submitted by his client clearly shows the purpose is to increase density beyond the PUD permitted density of 80 units for the Mederos parcel. Increasing density cannot occur through the Insubstantial Change process. Therefore, as long as the approval of the reduction in preserve size is conditioned upon development of the Mederos parcel being limited to 80 units, my client does not object to the petition filed by Mr.Anderson's client. I appreciate that the prior property owner had other site plans with a higher density. However, there is no evidence that the prior site plans were approved by the County. Accordingly, the prior site plans are irrelevant and not consistent with the PUD. As to the ownership of the 103 units,that is a private matter. We do not agree with Mr. Bracci's position on ownership of the units. Because Mr. Bracci spent most of his allotted time addressing ownership of the excess units, we are providing copies of some documents addressing the density rights in the PUD.The Purchase and Sale Agreement clearly identifies that Stock Development purchased the excess density. Also attached is an assignment document assigning developer rights to Black Bear Ridge Naples, LLC. Finally, the Cost Sharing Agreement addresses the excess density.At no time was the excess density assigned to Mr. Bracci's client. Mr. Bracci also spent a lot of time addressing the payment for the intersection improvements at Pristine Drive and Vanderbilt Beach Road. My client has already agreed to pay the 30%share of Black Bear Ridge set forth in the Cost Sharing Agreement for the right and left turn lanes at Pristine Drive and Vanderbilt Beach Road.The 30% share was based upon an allotted density of 203 units. Only 100 units were built. Black Bear Ridge, LLC remains the owner of the unbuilt 103 units. The unbuilt units have not been assigned to the residents of Black Bear Ridge or to the Homeowner's Association. Please contact me if you have any further questions. Richard D.Yovanovich Esq. Coleman Yovanovich & Koester, P.A. COLEMAN 4001 Tamiami Trail North,Suite 300 Naples, YOVAN OVI C Florida 34103 EST (239)435-35-3535 ER (239)435-1218(f) 1 This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law.If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above email address.Thank you. From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com] Sent: Friday,July 7, 2017 1:00 PM To: burtsaunders@colliergov.net; pennytaylor@colliergov.net; McDanielBill ; andysolis@colliergov.net; FialaDonna ; KlatzkowJeff; nickcasalanguida@colliergov.net; michaelbosi@colliergov.net Cc: Steve Bracci ; Richard Yovanovich Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Importance: High Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi, This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD. My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in compliance if my client's application is approved.The only question for the BCC to decide is the single simple insubstantial change applied for: IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAS APPROVED,TO ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT BY RESTORING WETLANDS AT THE PANTHER ISLAND MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG CORKSCREW SWAMP SANCTUARY? The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner to impact the wetland and mitigate offsite on much more environmentally valuable lands. The County, as recommended by your Planning Director, should also approve that change by approving the insubstantial PUD change. My client has several different site plans with differing numbers of dwelling units it is considering. The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or a lesser number. Allowable density is not at issue. My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by the prior owner. Please contact me if you have any questions. Thank you very much. Sincerely, Bruce Anderson R. Bruce Anderson Attorney at Law CHEFFYPASSIDOMO Cheffy Passidomo, P.A. ATTORNEYS AT t Aw 821 5th Avenue South Naples, FL 34102 2 (239) 659-4942 direct (239) 261-9300 telephone (239) 261-9782 facsimile rbanderson@napleslaw.com www.napleslaw.com This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination,forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From: Steve Bracci [mailto:steve@braccilaw.com] Sent: Wednesday,July 05, 2017 5:30 PM To: KlatzkowJeff<JeffKlatzkow@colliergov.net> Cc: burtsaunders@colliergov.net;pennytaylor@colliergov.net; McDanielBill <WilliamMcDanielJr@colliergov.net>; andysolis@colliergov.net; FialaDonna <DonnaFiala@colliergov.net>; R. Bruce Anderson<rbanderson@napleslaw.com> Subject:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its members. Sincerely, Steve Bracci • No, Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. 3 Commissioner, Pertinent pages from County records have been attached in hopes of allowing a better understanding of the Wolf Creek PUD specifically with regards to density allocation, the proposed Vanderbilt Reserve site plan and offsite improvements. A) History of density allocation in Wolf Creek RPUD: Sept 23, 2003 - Ordinance 2003-45 - Wolf Creek PUD established - 147.69 acres with 591 dwelling units approved and maximum permitted density of 4 dwelling units per acre - no allocation to any specific parcel or development but separate parcels delineated August 23, 2004 - Cost Sharing Agreement entered into OR 3635: Dwelling units assigned to parcels - note parcel numbers for CSA are different than those in County WCPUD document Upon execution of the agreement there was an immediate transfer of dwelling units from parcels 4, 5 & 6 to parcel 1 Following that transfer, the owner of parcel 1&2 had a limited time option to purchase additional density from the owner of parcels 7, 8 & 9, and this option expired in 2005 Density only transferable with written permission of owner of property losing density Runs with the land - owner is property owner May 22, 2007 - Ordinance 2007-46 - Mederos 20 acre parcel added to WCPUD BCC minutes May 22-23, 2007 pages 70-71 80 dwelling units requested for now Vanderbilt Reserve Parcel 9 no density bonuses requested, density of 3.99 80 dwelling units specifically allocated to the -,20 acres which is now the Vanderbilt Reserve Parcel 9 - pg 17 Ord 2007-46 states "80 dwelling units approved in the the 20 acres being added" May 14, 2013 - Ordinance 2013-37 - Scenic Woods and a portion of Palermo Cove brought into WCPUD 83 dwelling units specifically assigned to parcels 1A-3A density was assigned, thus only usable by those parcels page 11 Ord 2013-37 Minutes from CCPC dated March 21, 2013 pigs 53-54: County and developer lawyers worked together to construct verbiage that would specifically allocate the 83 dwelling units that were being added to parcels 1 A- 3A only and limited the density in 1 A-3A such that they could not increase their density by taking dwelling units from those already present in WCPUD - thus, no pool of dwelling units in WCPUD, they were all allocated to specific parcels by the CSA and the subsequent WCPUD amendments in 2007 and 2013 - see chairman's concerns - the allocation was a purposeful intent by the county Observations: All dwelling units within WCPUD have been specifically allocated to parcels - there are no "free"dwelling units within a PUD pool For those parcels party to the CSA, the dwelling units run with the land and the owners The CSA differentiates between developer and owner A developer does not have any claim to dwelling units other than to those allocated to land that he personally owns Dwelling units governed by the CSA cannot be transferred without written permission from the owner losing density Based upon the CSA allocations, there are 103 dwelling units allocated to Black Bear Ridge parcels that have not been used and are controlled by the individual lot owners not the developer - these cannot be transferred without written authorization from the lot's owner Vanderbilt Reserve parcel 9 of WCPUD or parcel 3 of the CSA is allocated 80 dwelling units by OR 2007-46 and approved for a density of 4 Vanderbilt Reserve parcel 3B of WCPUD being — 12 acres or—60% of parcel 4 of the CSA would be allocated 24 dwelling units based upon acreage (there are 40 units total allocated to parcel 4 by the CSA, which is parcel 3A and 3B of the WCPUD) Conclusions: The county has recognized the CSA allocation of dwelling units within WCPUD and further, it has allocated additional dwelling units to the PUD according to parcel in all subsequent ordinances/PUD amendments B) The Vanderbilt Reserve Site Plan Observations: The proposed site plan for Vanderbilt Reserve shows 215 dwelling units total on the two parcels making up the development The southern parcel (#9 of WCPUD) has 115 dwelling units platted and 4 partial units The southern parcel (#9 of WCPUD) is only allocated 80 units by OR 2007-46 The northern parcel (#3B of WCPUD) has 96 dwelling units platted and 4 partial units The northern parcel is allocated 24 dwelling units by the CSA based upon acreage it consists of -12 acres, which is -60% of the total acreage of parcel #3 WCPUD (parcel #4 of CSA) - which was allocated 40 dwelling units by the CSA, therefore based upon acreage, 3B would be allocated 24 dwelling units by the CSA Conclusions:The proposed site development plan for Vanderbilt Reserve has platted density not available or approved C) Offsite Improvements for Wolf Creek PUD - PristineNanderbilt Beach intersection Observations: Ordinance 2003-45 - WCPUD Master Plan Exhibit A shows a right turn in lane from Vanderbilt onto Pristine - note also right turn in lanes at Buckstone and into Mission Hills - these have been constructed The right turn in lane from Vanderbilt onto Pristine is present on all of the Master Plan exhibit A's through OR 2013-37 2004 CSA- OR 3635 Pgs 1696-1697 Phase I Budget for Black Bear Ridge shows line items for offsite improvements at Vanderbilt Beach Road intersection with monies to be allocated for WB Rt, EB Lt turn lanes as well as signalization There is a note under assumptions: "Vanderbilt Beach Rd temporary turn lanes not required (i.e. payments to county to build improvements to support project and to built as part of 6 lane improvements)." 2005 Construction Escrow Agreement with County for Subdivision Improvements Improvements set forth in the "Estimate" by Grady Minor are required improvements by Collier County ordinances Offsite improvements at Vanderbilt Beach Road intersection included WB Rt and EB Lt turn lanes as well as signalization - these were "required" The cost of these improvements were funded by the construction loan agreement -with a $3,057,906.50 construction loan held in a specific account The county had the right to utilize the funds for construction of the required improvements if the developer failed to complete them The requirements were binding upon the Developer's successors Google Maps - if you use google maps to look at Vanderbilt Beach Rd from Collier Blvd through Rt 41, the Pristine Drive/Vanderbilt Beach Rd intersection appears to be the only intersection that does not have a right turn in lane Conclusions: At the Vanderbilt/Pristine intersection a west bound right turn in lane and east bound left turn lane as well as signalization of the intersection was required from the beginning The County required the Developer of BBR to construct these offsite improvements - the most recent developer There was an Escrow agreement funded with > $3 million dollars to fund infrastructure which included the offsite improvements The improvements were not made The county was responsible for supervising the completion of the infrastructure improvements required of the developer The county did not exercise it's option to utilize the escrow funds to complete the required improvements The bond is still available (communication from county) The required improvements are the responsibility of the developer not the current homeowners of BBR and if the developer did not complete them, then the county had the means and funds available Thank you, BrownleeMichael From: R. Bruce Anderson [rbanderson@napleslaw.com] Sent: Monday, July 10, 2017 10:52 AM To: Steve Bracci Cc: SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael; Richard Yovanovich (ryovanovich@cyklawfirm.com) Subject: Re: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change Attachments: image001.jpg; image002.png Categories: PRINTED All, If the County had approved the prior owner's conceptual plan, I would have said "approved" and referenced an SDP#. That prior plan included the existing conceptual preserve area that would now be modified by my client's insubstantial change application. The point is that whether the conceptual Preserve is changed or not makes no difference about how many homes can fit on the land, regardless of the existing or modified preserve area. Opponents claim otherwise. They are simply wrong. I do have one correction from the project's engineer. The number of dwelling units on the prior owner's plan was 215. The 254 is the number is the number of remaining unbuilt units approved in the PUD. Thank You, R Bruce Anderson Attorney at Law Cheffy Passidomo, P.A. 821 5th Avenue South Naples, FL 34102 Telephone: 239-659-4942 direct 239-261-9300 main Facsimile: 239-261-0884 RBAnderson@napleslaw.com<mailto:RBAnderson@napleslaw.corn> www.napleslaw.com<http://www.napleslaw.corn> On Jul 7, 2017, at 2:38 PM, Steve Bracci <steve@braccilaw.com<mailto:steve@braccilaw.com» wrote: Dear Board - this is in response to Mr. Anderson's email below. I believe you should ask Mr. Anderson to clarify what he means when he states: "The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong." The impression left by Mr. Anderson is that the prior 254 site plan was approved by the county, and that the new presently pending 215 unit site plan now reduces the approved site plan. Mr. Anderson should clarify whether the county ever approved a 254 site plan, or whether he is instead just referencing a concept plan on a sheet of paper that was never approved. Sincerely, 1 Steve Bracci <image002.png> Steven J. Bracci, PA, Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635<tel:%28239%29%20596-2635>; Fax: (239) 431-6045<tel:%28239%29%20431- 6045>; email: steve@braccilaw.com<mailto:steve@braccilaw.com> THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com] Sent: Friday, July 7, 2017 1:00 PM To: burtsaunders@colliergov.net<mailto:burtsaunders@colliergov.net>; pennytaylor@colliergov.net<mailto:pennytaylor@colliergov.net>; McDanielBill <WilliamMcDanielJr@colliergov.net<mailto:WilliamMcDanielJr@colliergov.net»; andysolis@colliergov.net<mailto:andysolis@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net<mailto:DonnaFiala@colliergov.net»; KlatzkowJeff <JeffKlatzkow@colliergov.net<mailto:JeffKlatzkow@colliergov.net»; nickcasalanguida@colliergov.net<mailto:nickcasalanguida@colliergov.net>; michaelbosi@colliergov.net<mailto:michaelbosi@colliergov.net> Cc: Steve Bracci <steve@braccilaw.com<mailto:steve@braccilaw.com»; Richard Yovanovich (ryovanovich@cyklawfirm.com<mailto:ryovanovich@cyklawfirm.com>) <ryovanovich@cyklawfirm.com<mailto:ryovanovich@cyklawfirm.com» Subject: RE: Wolf Creek PUD / Vanderbilt Reserve request for insubstantial change Importance: High Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi, This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD. My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve area depicted on that plan, nothing else. The reconfiguration does reduce the conceptual preserve area on the master plan on my client's property, however, the PUD preserve requirement is not being changed and will remain in compliance if my client's application is approved. The only question for the BCC to decide is the single simple insubstantial change applied for: IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAS APPROVED, TO ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT BY RESTORING WETLANDS AT THE PANTHER ISLAND MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG CORKSCREW SWAMP SANCTUARY? The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner to impact the wetland and mitigate offsite on much more 2 environmentally valuable lands. The County, as recommended by your Planning Director, should also approve that change by approving the insubstantial PUD change. My client has several different site plans with differing numbers of dwelling units it is considering. The prior owner of the property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or a lesser number. Allowable density is not at issue. My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by the prior owner. Please contact me if you have any questions. Thank you very much. Sincerely, Bruce Anderson R. Bruce Anderson Attorney at Law <image001.jpg> Cheffy Passidomo, P.A. 821 5th Avenue South Naples, FL 34102 (239) 659-4942 direct (239) 261-9300 telephone (239) 261-9782 facsimile rbanderson@napleslaw.com<mailto:rbanderson@napleslaw.com> www.napleslaw.com<http://www.napleslaw.com> This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261- 9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From: Steve Bracci [mailto:steve@braccilaw.com] Sent: Wednesday, July 05, 2017 5:30 PM To: KlatzkowJeff <JeffKlatzkow@colliergov.net<mailto:JeffKlatzkow@colliergov.net» Cc: burtsaunders@colliergov.net<mailto:burtsaunders@colliergov.net>; pennytaylor@colliergov.net<mailto:pennytaylor@colliergov.net>; McDanielBill <WilliamMcDanielJr@colliergov.net<mailto:WilliamMcDanielJr@colliergov.net»; andysolis@colliergov.net<mailto:andysolis@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net<mailto:DonnaFiala@colliergov.net»; R. Bruce Anderson <rbanderson@napleslaw.com<mailto:rbanderson@napleslaw.com» Subject: Wolf Creek PUD / Vanderbilt Reserve request for insubstantial change Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its members. Sincerely, 3 Steve Bracci <image002.png> Steven J. Bracci, PA, Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109 Office: (239) 596-2635<tel:%28239%29%20596-2635>; Fax: (239) 431-6045<tel:%28239%29%20431- 6045>; email: Steve@braccilaw.com<mailto:steve@braccilaw.com> THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. 4 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA 07/11/17 Consent Agenda 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Arthrex Boulevard, Application Number PL20170001077. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence E-mail Calls 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Esplanade at Hacienda Lakes Phase 1A, Application Number PL20170001378. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence I E-mail1 ❑Calls Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA 07/11/17 Consent Agenda 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Arthrex Boulevard, Application Number PL20170001077. 1 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I 'Correspondence I IE-mail ( 'Calls 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Esplanade at Hacienda Lakes Phase 1A, Application Number PL20170001378. VI NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings Correspondence I E-mailIflCaIIs