Ex-parte - Solis 09/26/2017 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY 21COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
September 26, 2017 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent. subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on September 26 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm, Lennar/WCI by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On September 26, 2017, BCC Agenda Item 16A38, the Board will consider a recommendation to authorize the
Clerk of Courts to release Irrevocable Standby Letter of Credit which was posted as guaranty for work associated
with Casoria at Treviso Bay.
The applicant, Treviso Bay, a Lennar Company, is a client of my law firm, and in an abundance of caution, I will
abstain from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
i,
September 26, 2017
Date Filed Sig t- "re p
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 86-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISAUNITOF:
CITY COUNTY 0 CITY g COUNTY 0 OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
September 26, 2017 d ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary,or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
« « «
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on September 26 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of a client of my law firm, LennarIWCl by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On September 26, 2017, BCC Agenda Item 16A17, the Board will consider a recommendation to approve the
final acceptance of the potable water and sewer facilities for Giaveno, accept unconditional conveyance of a
portion of the potable water facilities, and to release the Utilities Performance Security and Final Obligation Bond.
The applicant, Giaveno at Treviso Bay, a Lennar Company, is a client of my law firm, and in an abundance of
caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or
bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature •f thenterest in such a way
as to provide the public with notice of the conflict. ,
September 26, 2017
Date Filed S. •re
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSJRE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISAUNIT OF:
CITY COUNTY 0 CITY 31 COUNTY 0 OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
September 26, 2017 ' ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
« « « « « « « « « « « « « « « «
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
« « « « « « « « « « « « « « « «
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 86-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on September 26 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm, Lennar/WCI by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On September 26, 2017, BCC Agenda Item 16A2, the Board will consider a recommendation to record the final
plat of Artesia Naples, Phase 4, approval of the standard form Construction and Maintenance Agreement, and
approval of the amount of the performance security.
The applicant,Artesia Naples is a WCI Community, and the Lennar Company, is a client of my law firm, and in
an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat., to avoid any
perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
September 26, 2017 - d
Date Filed Si.•-ture
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY sf COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
September 26, 2017 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly vot+ng on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Andrew I. Solis hereby disclose that on September 26 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm,who is the owner of the subject property by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On September 26, 2017, BCC Agenda Item 16-K-20, the Board will consider a recommendation to approve a
resolution authorizing the Collier County Industrial Development Authority to issue bonds for a charter school
known as Gulf Coast Charter Academy South.
My law partner is representing the owner of the building being sold to the charter school, and in an abundance of
caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
/91,/
September 26, 2017 // . A‘e.
Date Filed Signa• r- -
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Advertised Public Hearings
9.A. ***This item has been continued from the July 11, 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
n SEE FILE ®Meetings ❑Correspondence ®E-mail ®Calls
Meetings:
6/16/17 - Terrie Abrams and Bev Smith, Black Bear Ridge HOA
6/16/17 - Bruce Anderson, Cheffy Passidomo
Emails:
6/22/17 — Marc Allen, homeowner
7/5/17 — Steven J. Bracci, PA
7/7/17 — Bruce Anderson, Cheffy Passidomo; Steven J. Bracci (2); Richard Yovanovich,
Coleman, Yovanovich, Koester
7/10/17 — Bruce Anderson
8/23/17 — Richard Yovanovich
Phone Call:
7/7/17 — Bruce Anderson, Cheffy Passidomo
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Moved This item requires that ex parte disclosure be provided by Commission members. Should a
from hearing be held on this item, all participants are required to be sworn in. Recommendation to
17.D. t0 approve an insubstantial change to Ordinance No. 2014-11, as amended,the Lord's Way 30
Acre RPUD, to add one deviation relating to signage, to modify one existing deviation relating
9.D. to fences,walls and landscape buffers, to reduce the minimum front and side yard setbacks
and distance between structures for single-family, single-family attached, and two-family and
single-family zero lot line principal structures, and to modify Exhibit C-2, Typical Lot Layout.
The subject property is located on the south side of The Lord's Way, approximately one-
quarter mile east of Collier Boulevard, in Section 14, Township 50 South, Range 26 East, Collier
County, Florida, consisting of±30 acres. [PDI- PL20170000444]
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings ❑Correspondence DE-mail nCalis
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
9.B. ***This item has been continued to the September 26, 2017 BCC meeting and further continued
to the October 10, 2017 meeting.*** This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Recommendation to approve an
Ordinance amending Ordinance Number 95-33, the Briarwood PUD, as amended,to add 320
multi-family dwelling units in Tract B & C: multi-family residential as an alternative to
commercial development on Tract B & C: commercial community; to add development
standards for Tract B & C multi-family residential; to add Exhibit A-1 Tract B & C Master Plan
and Exhibit A-2 enhanced Type D buffer for property consisting of 209.17± acres; located on
the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South,
Range 26 East, Collier County, Florida; and by providing an effective date. (PL20170000007)
NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings (Correspondence E-mail ['Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
9.C. ***This item has been continued to the October 10, 2017 BCC Meeting Agenda.*** This item
requires that all participants be sworn in and ex parte disclosure be provided by Commission
members. Recommendation to approve an amendment to Ordinance Number 2005-63, as
amended,the Cirrus Pointe RPUD, to reduce the minimum floor area for multi family dwelling
units, and to approve a second amended and restated Affordable Housing Density Bonus
Agreement to allow the Developer to have the option of constructing owner occupied units or
rental units designated as Affordable Housing Units. The subject property, consisting of 9.92±
acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section
14, Township 50 South, Range 25 East, Collier County, Florida. [PUDA- PL20170001626]
NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings Correspondence E-mail [iCalls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Consent Agenda
16.A.2. 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 final plat of Artesia Naples, Phase 4, (Application Number
PL20170001099) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ❑Correspondence E-mail ❑Calls
Commissioner Solis has a conflict of interest in this matter, and will abstain from discussing or voting
on it. A CE Form 8B is attached.
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.3. 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 final plat of Price Street Plaza, (Application Number PL20170001084)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
IX NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ❑Correspondence E-mail ❑Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
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 final plat of Fronterra Phase 2, (Application Number PL20170000897)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence DE-mail nCalls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
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 final plat of Bent Creek Preserve Phase 2A (Application Number
PL20160003590) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence ❑E-mail ['Calls
I
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Consent Agenda (continued)
16.A.6. 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 Oyster Harbor at Fiddler's Creek Phase 2B,
Application Number PL20170001113.
Fl NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence DE-mail ['Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.7. 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 Sierra Meadows 1 & 2, Application Number
PL20160002608.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE [Meetings Correspondence I E-mail1 ❑Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.8. 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 Tract J-1 at Talis Park, Application Number
PL20170002034.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE (Meetings [Correspondence DE-mail [Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.9. 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 final plat of Warm Springs— Phase 2, (Application Number
PL20170001519) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ❑Correspondence ❑E-mail ❑Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Consent Agenda (continued)
16.A.10. 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 final plat of Naples Reserve Circle, (Application Number
PL20160000038) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
7 NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence nE-mail Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.50. 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 final plat of Hadley Place East, (Application Number PL20160002628)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security. (This is a companion to Agenda Item 17.G).
❑ NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence DE-mail ❑Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Summary Agenda
17.G. 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 Petition VAC-PL20170002386 to disclaim, renounce and vacate the County and the
public interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq. of
the Official Records of Collier County, Florida. The subject property is located on the northeast
corner of Palm Springs Boulevard and Radio Lane, approximately one half mile west of Collier
Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (This is a
companion to Agenda item 16.A.50).
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ❑Correspondence DE-mail ❑Calls
GoodnerAngela
Subject: Bruce Anderson -Wolf Creek, County Barn,Vanderbilt Commons
Location: Collier County Commission Office
Start: Fri 6/16/2017 3:00 PM
End: Fri 6/16/2017 3:30 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
Categories: Commission Chambers
1
GoodnerAngela
Subject: Terrie Abrams, Bev Smith, Black Bear Ridge HOA,Wolf Creek PUD
Location: Collier County Commission Office
Start: Fri 6/16/2017 3:30 PM
End: Fri 6/16/2017 4:00 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
Categories: Commission Chambers
From:Terrie Abrams [mailto:terrie.abrams@gmail.com]
Sent: Monday,June 5, 2017 11:43 AM
To: GoodnerAngela <AngelaGoodner@colliergov.net>
Cc:Smith Beverly<bevsmith116@gmail.com>
Subject: Re: email me about any meetings with other commissioners
Thank you very much for setting up the meeting. We will be there. Please confirm the location. Should we be there at 3
pm?
Sent from my iPad
Terrie
630.244.4800
I.
GoodnerAngela
Subject: Phone call with Bruce Anderson, Wolf Creek
Location: phone call
Start: Fri 7/7/2017 11:00 AM
End: Fri 7/7/2017 11:15 AM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
1
This is right out of the Board of County Commissioners 10 —year
strategic plan
To Preserve and enhance the safety, quality, value, character and
heritage of our neighborhoods, communities and region.
The residents of Black Bear Ridge have expressed their concern regarding surrounding development by
attending County Meetings and sending in hundreds of letters and petitions. Because there are so many
parcels involved and complications from a CSA the development has been approved in a piecemeal
fashion without the consideration of the area in totality.To support our opposition on April 11,2017 the
community attended the County Commissioners Meeting regarding the density change request by the
Developer of Vanderbilt Commons.
A brief recap of events to date is as follows to show the inconsistencies and piecemeal development
approval
- Without residential input a storage unit was allowed to be built in a plaza meant to be soft
retail (Vanderbilt Commons)
- The developer of Vanderbilt Commons is asking for more density and would like to put in
usages that are either prohibited or go against intentions of how the property was to be
developed
- Historically the county has recognized the Pristine Drive Cost Share Agreements allocation of
dwelling units in the Wolf Creek Pud. In 2007 an Ordinance added to Wolf Creek the 20 acre
parcel requesting the preserve reduction. In the county minutes of March 21,2013 the
planning commission recognized and manipulated density to mirror the CSA and specifically
allocated 80 units to that parcel preventing others parcels from utilizing units.Yet today the
Vanderbilt Reserve (SobelCo)site plan states density" 100 more units than allowed by the
CSA. The county inconsistently upholds the cost share agreement.
- On multiple occasions in the past and the present county minutes make it clear the intent of
road improvements needed to support traffic outside of the community should not be borne
by residents.The county has a developer bond in place to cover the cost of road
improvements yet is asking BBR to pay for the roads.The bond should either be used as
intended or released to BBR.
Here is the latest development
On Junel,the Planning Commission will hear PDI—PL20160000404 Wolf Creek RPUD by the developer
of parcels 3b and 9 to reduce preserves. If the proposal passes it will move on to a Commission Meeting
on June 27,2017.We are preparing to speak at both meetings and met with the planning staff several
weeks ago to identify our concerns.As previously expressed none of this can be looked at in isolation or
decisions will be made that only perpetuate negative impacts to the quality of living in Naples. IT WAS
APPROVED BY THE PLANNING COMMISSION
This reduction in preserves is opposed for 7 reasons
1. II this owner reduces preserves on their property it brings the preserves down to the minimum
required for the PUD and prevents Black Bear Ridge from installing passive recreational uses as
allowed by the LDC and PUD.The developer should not be given preferential treatment and
allowed unequitable fair share of maintaining preserves.
- The breakdown of preserve per parcel is as follows.
Black Bear Ridge "18% Vanderbilt Reserves (with reduction)
Raffia "26%
Portofino "16%
2. By reducing the preserves to 9%where is the greenspace for their residents?
3. The surrounding area is a playground for documented wild life such as bear/panther and
turtles.This is tragic for our wildlife to be at the mercy of what the developer calls himself
"opportunistic".This developer does not have Naples interest in balance with profit. It is
unnecessary as the developer can only build 104 units. There should be a need if preserves are
going to be reduced and in this situation there is no need.
4. When the PUD was amended unit density was added and the corresponding preserves should
have been as well.
5. Where is the necessity? The county makes decisions on the good of the many notthe few.This
is a pocket of residential moderately upscale homes. If allowed to develop not how it was
meant to be the benefits is for only a single developer and does not help Naples coffers and
harms the home owners already in place. This is not a situation where a few owners are
impacted for the good of Naples by providing compatible services,professional jobs or
improving the tax base.
6. This builder has openly admitted in front of their attorney and ours they made a mistake and
missed the land constraints. Their mistake should not be solved by the county at our expense.
There are other ways for them to develop the property that will allow them profit and not
impact the quality,value and character of our area.
7. To quote the county attorney dealing with a Collier issue"at the end of the day,it's a basic
fairness issue"
You are asked to please consider what is right and fair for our quality of life and Naples. Please exercise
your stewardship.
Respectfully,
Terrie Abrams a Black Bear Ridge full time resident
ii Terrie Abrams<terrie.abrams@gmail.com>
pertinent pages from PUD documents showing allocation of du's
1 message
marc alien<maliencny@yahoo.com> Tue, Jun 6, 2017 at 9:19 PM
Reply-To: marc alien <mailencny@yahoo.com>
To: Terrie Abrams <terrie.abrams@gmail.com>, Mike Fuchs <figuy55@gmail.com>, Rob Nossen <thenossens@aol.com=>,
Beverly Smith<bevsmith116@gmail.com>
here are pages from the Wolf Creek PUD ordinances with the references to the added units for
mederos and for palermo cove going to specific parcels and not into a "pool'- also minutes from
the BCC may 22, 2007 meeting when mederos was added with the discussion about only 80 du's
being asked for with no density bonus
in 2013 when palermo cove was added the verbiage discussing the 80 du's for mederos was
crossed out as they no longer were restricting approval of building permits because vanderbilt and
collier were done -see attached from 2013
Marc
4 attachments
Ordinance 2007-46 eighty dwelling units assigned to Mederos pdf.pdf
104K
Ordinance 2013-37 Wolf Creek PUD max units rafia part copy.pdf
165K
Ordinance 2013-37 Wolf Creek PUD may be able to negotiate copypdf
165K
BCC Minutes 0522-232007 R 2007 add mederos copy.pdf
1096K
May 22-23, 2007
Will Dempsey and Rick Mercer.
CHAIRMAN COLETTA: Thank you.
Mr. Pritt?
MR. PRITT: Thank you, Mr. Chairman, members of the
commission. My name is Robert Pritt. I'm here on behalf of Prime
Homes, LLC -- Prime Homes at Portofino Falls. It's owner of parcel
number five, which we would like to add to the existing Wolf Creek
PUD.
I have with me -- I think you've named all the names, but Dave
Underhill is also with us in case you need to have anybody testify as
to planning, zoning, engineering matters, and we also have.
COMMISSIONER COYLE: Abbo, who's the founder of the
company here today, as well as Larry Abbo, Linda Socolow and also
Steve Greenfield?
As has been said, Rich Yovanovich is also here. I believe that
Mr. Hoover is here also on behalf of the Catalina Land Group, owner
of the balance of the Wolf Creek PUD.
The background here is that we're requesting a rezone from rural
agricultural and planned development, planned unit development, to
residential planned unit development zoning district. And as was said,
we're just going to add 20.26 acres and are requesting 80 dwelling
units to be added to the existing Wolf Creek PUD.
This would make for a total of 167.96 acres and a total of 671
dwelling units, which may be single or multifamily dwellings, and we
also are going to amend the PUD document and the associated master
plan.
As also has been said in the introduction, the proposal is to
reduce the maximum height of multifamily structures from 42 feet and
three stories to 38 feet and two stories and to eliminate some uses.
The location of the property is on the north side of Vanderbilt
Beach Road approximately one half mile west of Collier Boulevard,
and we can show you that on the map. This map here, it's kind of hard
Page 70
general configuration of which is also illustrated by Exhibit"A" and Exhibit "A-
1".
B. Areas illustrated as lakes by Exhibit "A" and Exhibit "A-1" shall be
constructed as lakes or, upon approval, parts thereof may be constructed as
shallow, intermittent wet and dry depressions for water retention purposes.
Such areas, lakes and intermittent wet and dry areas shall be in the same
general configuration and contain the same general acreage as shown by
Exhibit "A" and Exhibit "A-1". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of subdivision plat or SDP approval,
subject to the provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "A" and
Exhibit "A-1", such easements as necessary (utility, private, semi-public)
shall be established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 6-74754 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is -96188.78± acres.
The gross project density shall be a maximum of 3.99 units per acre if all 674-754
dwelling units are approved and constructed,r. A minimum of 83 dwelling units will
be assigned to parcels 1A - 3A due to the additional acreage being added to the
PUD by the owner of those parcels. In addition, parcels 1A- 3A shall be entitled to
incorporate any other density owned by the developer of these parcels. There shall
be a maximum density of 163 dwelling units on parcels 1A-3A.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part
of the RPUD, final plans of all required improvements shall receive approval
of the appropriate Collier County governmental agency to insure compliance
with the RPUD Master Plan, Collier County subdivision rules, and the platting
laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan and Exhibit "A-1" RPUD Master Plan
Amended, constitutes the required RPUD development plan. Subsequent to
or concurrent with RPUD approval, a subdivision plat or SDP, as applicable,
may be submitted for areas covered by the RPUD Master Plan. Any division
of the property and the development of the land shall be in compliance with
the RPUD Master Plan Exhibit "A" and Exhibit"A-1''-and LDC.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
Words are deleted;words underlined are added.
Wolf Creek RPUD PL2012.0650 Revised 5-14-2013 Page 11 of 26
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. AU such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
1. When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. All internal roads,
driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by
the developer and Collier County shall have no responsibility for
maintenance of any such facilities.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate "fair share" payments or reimbursements from
neighboring property owners.
M. No building permits shall be issued for any of the additional 80 units
approved in the 20 acres that is being added to this PUD until such time
as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and
Livingston Road, and CR 951 between Golden Gate Boulevard and
Immokalee Road are substantially complete.
N. Within 30 days of the adoption date of this RPUD rezone, the developers
owning the property fronting Pristine Drive shall convey in fee simple to
Collier County the right-of-way necessary for the two-lane construction of
Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive
right-of-way. The anticipated width of the right-of-way is 60 feet. The turn
lanes required for each individual project shall be accommodated within
the project's boundary.
Revised 5/31/07 to reflect BCC changes 17
Ok - Bev asked a couple of great questions on dwelling units and the Raffia
addition from Palermo Cove
So, in review
Before the Mederos property was added in 2007 all of the dwelling units
were assigned/allocated by the CSA and not in a "pool" - there were no
unaccounted for dwelling units - all were assigned
When the Mederos property N 20 acres was added in 2007, 80 dwelling
units were added and the minutes from the County Commission on May 22-
23, 2007, when the ordinance was approved, have the representative of
the property's owners saying that they were " not asking for any density
bonuses ... so the site would be eligible for four dwelling units per acre and
the requested density is actually 3.99." ... "we're asking for four units per
acre essentially) (page 71 of minutes CCBoard May 22-23, 2007)
so 80 units were approved(error in 1st page of ordinance that says 117)
and in the 2007-46 WCPUD ordinance it refers (on page 17 of the traffic
portion) to the "additional 80 units approved in the 20 acres being added to
this PUD"
so it seems the county "allocated" those units specifically to the Mederos
property - they were not put into a "pool"
in 2013 when the Palermo Cove property was brought in with Scenic
woods, 83 units were added for the N 21 acres and these units were again
assigned and not put into a pool
2013-37 Ordinance WCPUD pg 11 - "A minimum of 83 dwelling units will be
assigned to parcels 1A-3A due to the additional acreage being added to the
PUD."
Also it says (pg ) "in addition. parcels 1A-3A shall be entitled to
incorporate any other density owned by the developer of these parcels.
There shall be a maximum density of 163 dwelling units on parcels 1A-3A."
so - "other density owned" - what does this mean - who "owns" density
unless there is an agreement like the CSA that allocates the units,
otherwise they would be in a pool and it would be 1st come 1st serve as
the county told us at the recent meeting
therefore, the "owned" units must be those allocated by the CSA, which is
40 units each for the upper two parcels, which when added to the 83 would
be 163
this would leave Vanderbilt Reserve 80 units from the Mederos parcel and
3A,3B had an allocation of 40 so the most that would be available to
Vanderbilt Reserve would be 120 and if the parcel 3 allocation was split
according to acreage - " 8 acres 3A and 12 acres 3B then there would only
be 24 units(60%) to add to the Mederos 80 = 104 dwelling units
All through the Wolf Creek PUD amendments when property was added it
seems to have been assigned thus seemingly recognizing that there is no
"pool" of units in the WCPUD and that they are owned according to the
parameters of the CSA and the subsequent amendments
Marc - 2007 minutes attached
Tap to Download
BCC Minut...ederos.odf
792 KE
3467972 OR: 3635 PG: 1672
RECORDED in OFFICIAL RECORDS of COLLIER COWRY, FL
09/01/2004 at 10:13AH DWIGHT E. BROCK, CLERK
This instrument was prepared RIC PEE 239.50
without an opinion of title and INDITING 3.00
ry after recording return to: Retn:
Gregory L.Urbancic,Esq. GOODLETTI COLINAN ST AL
V Goodlette,Coleman&Johnson,P.A. 4001 TAEIANI TR N #300
4001 Tamiami Trail North,Suite 300 NAPLES FL 34103
Naples,Florida 34103
(239)435-3535
(space above this line for recording data)
COST SHARING AGREEMENT FOR THE
DEVELOPMENT OF A SHARED ACCESS ROAD
THIS COST SHARING AG � ( A r ' DEVELOP CNT OF A SHARED
ACCESS ROAD(this"Agreement" -ig 'airti eftere •.-�,.~', 4e` of , 2004,
by and among the following: (i)W,pIf6peiEstates,LLC,a 1 lbricILli Cited liability c mpany("Wolf Creek
Estates"); (ii)William L. Hoover, as T,i ustee.._nf the Fallen Timb s Land Trust dated November 5, 2003
("Hoover/Fallen Timbers"); (in) l Park L,��.. incadr;- as TTrustee ltndeX unrecorded Land Trust U/T/D
January 4, 1999 ("Lindner/T st .....Qy l4r1t LS.Li1.'1(1011442
s4. .tstde under unrecorded Land Trust
U/T/D May 21, 1999 ("LindierT `ui (2. f \( 'ks o e 'ta'�es, LC, a Florida limited liability
company(`Buckstone Estates") . t, ! / fi"'"f '� I
WITNESSETit, THA •L:—
,
�
}r l
WHEREAS, the parties\i� e oLNown adjacent real p+, 2y Section 34, Township 48 South,
Range 26 East,Collier County,Flom'" th. <
WHEREAS, the parties hereto bwn' e(foh rrg properties •which are the subject of this
Agreement,with said individual properties being legally described on Exhibit"A"attached hereto and made
a part hereof:
OWNER: PARCEL:
Lindner/Trust 1 Parcel 1
Lindner/Trust 2 Parcel 2
Wolf Creek Estates Parcel 4
Wolf Creek Estates Parcel 5
Wolf Creek Estates Parcel 6
Buckstone Estates Parcel 7
Hoover/Fallen Timbers Parcel 8(west half)
Buckstone Estates Parcel 8(east half)
Buckstone Estates Parcel 9
Lindner/Trust I Parcel 10
Buckstone Estates Parcel 11
1
OR: 3635 PG: 1673
WHEREAS, Parcels 1, Parcel 2, and Parcels 4 through 12, inclusive, are depicted on the
illustration attached hereto as Exhibit"B"(said parcels shall sometimes collectively be referred to herein as
the"Parcels");and
WHEREAS, Dania Luisa Mederos, as Trustee of the Dania Luisa Mederos Land Trust dated
August 15, 2000 (who is not a party to this agreement)is the owner of that certain real property in Collier
County,Florida legally described as follows: The South 1/2 of the Northeast 1/4 of the Southwest 1/4 of
Section 34,Township 48 South,Range 26 East, Collier County,Florida("Parcel 3");and
WHEREAS,the parties hereto desire to formalize an agreement with respect to the construction of
an access road generally along the north-south half-section line in Section 34,Township 48 South,Range 26
East,Collier County;and
WHEREAS, Exhibit "B" also depicts the general, proposed location of the access road with the
various segment points on the access road being labeled with alphabetical designations.
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereto do hereby i.eo1arc-anc a3re as follows:
1 's. (. T j�'�,. .
1. Recitals. The abovve ,,,---0,10.'s-_---1:: -._
ci,als-are true and cbrtet agt`d\incorporated herein by this reference.
2. Pendine Transac/tionk4Future Development. T �intent of this Section is for the parties
to disclose various pending transsactiin t�'hit may_,or mai not clos an development petitions involving
or affecting the Parcels. Unles `a co' nenl~is cxlire �Sl 6tatgt,h d disclosures contained in this Section
shall not be construed as a req Lrerrf t'to d vetop a Aakiitilar ,ar any particular manner.
(a) Parcel 10 is u ��er pnrccIiasecotitract th Vf tlYi o ever,or assignee, with a petition
request to Collier County to de klo a specialty retail/offikei part ory s tcEparcel.
(b) This Agreement `sii(all be disclosed by the7SellbrAnvolved in the transaction to the
purchaser described in subsection(a) t her,_this Agreeniefili911.be disclosed to any other prospective
purchaser of any one or more of the Parcels.!;- � -,1\--?1/4(.->-7
(c) Parcel 1 and Parcel 2 are expected but not required to be developed as a multi-family
project.
(d) Parcel 4,Parcel 5,and Parcel 6 are expected but not required to be developed as a single-
family project.
(e) Parcel 7, Parcel 8,Parcel 9, and Parcel 11 are expected but not required to be developed
as a single-family project.
3. Mederos Parcel (Parcel 3). Parcel 3 is owned by Dania Luisa Mederos, as Trustee of
the Dania Luisa Mederos Land Trust dated August 15, 2000 ("Mederos") and Mederos is not a party to
this Agreement. This Agreement shall not be construed as affecting or encumbering Parcel 3 except
under the circumstances provided under Section 6(g). Further,this Agreement shall not be construed in a
manner so as to provide any third-party rights for Mederos.
4. General Development Standard. All Parcels shall be developed in a high quality
manner commensurate with the projects recently constructed or being constructed concurrently in the
2
OR: 3635 PG: 1674
Vanderbilt Beach Road and Immokalee Road corridors, located between Livingston Road and Collier
Boulevard. The Parcels are permitted to have differing land uses but the actual land uses shall be
compatible with each other. The Parcels shall be developed using a similar architectural theme along the
access roads, quality buffering and screening between the differing land uses, and common site design
techniques. All Parcels shall be designed and developed to minimize any negative impacts on abutting
and neighboring Parcels.
5. Zoning. Each owner (and the owner's successor, assign, and successor in title) agrees
that it shall not object to any rezoning and/or development consistent with the following provisions:
(a) Parcel 10 may be rezoned and developed for specialty retail and office land uses. The
most westerly 175 feet of Parcel 10 shall be designed and developed only for offices,banks, drug stores,
sit-down restaurants, retail shops, and similar intensity commercial uses, and shall not be permitted to
have gas stations,convenience stores,fast food restaurants,and stand alone bars or lounges.
(b) Parcel 1, Parcel 2, and Parcels 4 through 9, inclusive, may be developed for residential
use. Said parcels have been rezoned to the Wolf Creek PUD, Collier County Ordinance No. 03-45
(hereinafter "Wolf Creek PUD") and shall be developed according to the development standards within
the Wolf Creek PUD. Any owner of one of these parceis.may apply for a PUD Amendment to the Wolf
Creek PUD through Collier Countyfor.et r at a fol1okin purrposes without written permission of the
g ,. ,�_ �._ ,�,
remaining owner(s) of the Wolf Cree operty: (i) 1i r zed moderate intensity changes to said
owner's own parcel or(ii)to incorpoi'ate'additional property intqlie Wolf Creek PUD, including,without
limitation,Parcel 3,Parcel 11, an el/or/the-neighboring parcel within Section 34 owned by Comcast. Any
amendment to the Wolf Creek%PUP shad"ihuinteitt the'saane perrnitte4 principal uses and the same or
substantially the same devel Pmekiy- . i isiin�.-°i t+.tith }f Creek PUD at the time of such
amendment. Further, any am ndn en sh . 1#p Au ljtlsu�igl1os,Etl Bevel' pment consultants experienced
in Collier County PUD rezoni g:r t` rtt itocess s. 1,
(c) The owner of ljki1 or Parcel 2 have igh at k;ij e,as to said owner's parcels,to
request a rezoning to allow dee'v 1opment for residentii< us¢'s�,/gather, private schools, child care
facilities,and/or adult living facilitst ' `\ `r`i' (—
(d) The owner of Parcel IOlta 't tif;ifl tly,�tjrt,as to said owner's parcel, to request a
rezoning to allow development for residential~us 'ehurehes,private schools,child care facilities, and/or
adult living facilities.
(e) The owner of Parcel 11 has the right at any time, as to said owner's parcel, to request a
rezoning to allow development for residential uses,churches,and/or child care facilities.
(f) Any 3-story buildings on Parcel 1 and Parcel 2 shall be setback a minimum of thirty-five
(35) feet from the North-South Road (as hereinafter defined)between Points "A"through "D"as shown
on Exhibit"B"attached hereto and made a part hereof. Additionally,any buildings on Parcel 1 or Parcel
2 shall have tile, metal, or wood roofs, and either a carport or garage for each residential unit. None of
the Parcels shall be developed for Affordable Housing, as defined within the Collier County Affordable
Housing Density Bonus Ordinance,as amended from time to time.
6. Design,Permitting,and Construction of North-South Access Road.
(a) General. The parties intend for a 2-lane north-south access road to be constructed
generally in the location shown on Exhibit "B" from Point "A" to Point "F" (the "North-South Road").
All references herein to a particular "Point" shall mean and refer to those labels on Exhibit "B". The
3
011, 3635 PG: 1675
North-South Road shall be constructed to then-current Collier County road standards,shall include utility
improvements of sufficient size and capacity to serve all Parcels,and shall be designed and constructed so
as to be shared access road intended to serve three (3)moderately upscale residential communities. The
North-South Road shall include such related facilities as required by Collier County which may include,
without limitation, sidewalks; turn lanes;curbs; entry features;signage;median improvements; lights,light
poles and related facilities; stormwater drainage lines, pipes, and related facilities; landscaping; and other
utility and infrastructure improvements. All segments of the North-South Road shall be designed and
constructed in a consistent manner so as to be compatible with one another.
(b) Intersection Improvements. The owners of the Parcels shall each pay a proportionate
share,based upon each parcel's acreage as shown on Exhibit"C"attached hereto and made a part hereof,
of the design, permitting and construction costs for all North-South Road/Vanderbilt Beach Road
intersection improvements such as turn lanes,bridges/culverts,arterial level street lighting,and a possible
traffic signal, located approximately between Points"A-1"to "A-2"("Intersection Improvements"). If a
traffic signal is required after completion and payment of the costs of the Intersection Improvements by
the owners of the Parcels,the future costs for the traffic signal shall be shared as shown on Exhibit"C".
(c) Segment 1. The owners of Parcel 1, Parcel 2, Parcel 9 and Parcel 10 shall be equally
responsible for the design,permitting and construction-costs of the North-South Road between Point"A-
2" (a point on the southern property line'Rf' es, l 41-(Dirl ar'cel 10) and either Point "D" or such other
endpoint between Point "C" and 13,,ol,e,W as may be a civO,by Collier County (the "Segment 1
Endpoint"). The design and cons trpfi for said portion of the'Iorth-South Road shall include all turn
lanes required by Collier County,/Transportation Services during their r view of the construction drawings
for this portion of the road. Th'portion1dithe}North-gotl h\Road betwe n Point"A-2"and the Segment 1
Endpoint together with the Int¢rsegtion ,ro; ie ,hal)_�? e;so tim referred to herein as "Segment
1". Design and permitting fol'Se$ eit l o e d"t. t\e�;,i , f o 2004 by Buckstone Estates. A
copy of the Preliminary Opinlori. I roba lei sti ared t . act Minor & Associates, P.A. for
construction of Segment 1 (w t .a} diSom •o P'oint-� ") i a7c �d1- ereto and made a part hereof as
Exhibit"D". Said exhibit is ate he'c for informational pf YtposeS and th costs and improvements detailed
therein are preliminary and subeC'tnto modification. A'cpy o 9, ,113'
design, permitting, and
related costs prepared by Q. Graoly, it�'iot.,P.E.for Segment 1"v h-fin endpoint of Point"D")is attached
hereto and made a part hereof as Exhfbi�, )rs'.'.,, Said exhibi isglied for informational purposes and the
costs detailed therein are preliminary and su jle? fo rf ti n:
(d) Segment 2. The portion of the North-South Road between the Segment 1 Endpoint and
Point"F"shall be sometimes referred to herein as"Segment 2". In the event that the Segment 1 Endpoint
is the same as Point"D", the owners of Parcel 4, Parcel 5, and Parcel 6 shall be equally responsible for
the design, permitting and construction costs of the North-South Road for"Segment 2". In the event the
Segment 1 Endpoint lies south of Point"D",the costs shall be divided as follows: (i)the owners of Parcel
1 and Parcel 2 shall pay for fifty percent (50%) of the design, permitting and construction costs of the
North-South Road between the Segment 1 Endpoint and Point "D"; (ii) the owner of Parcel 9 shall pay
for the other fifty percent(50%)of the design,permitting and construction costs of the North-South Road
between the Segment 1 Endpoint and Point"D"; and (iii) the owners of Parcel 4, Parcel 5, and Parcel 6
shall be equally responsible for the remaining design, permitting and construction costs for Segment 2.
The design and construction for Segment 2 shall include all turn lanes required by Collier County
Transportation Services during their review of the construction drawings for this portion of the North-
South Road, excluding any turn lanes on Parcel 2 or Parcel 9 that would be paid for by the owner of
Parcel 2 or Parcel 9,as the case may be.
(e) Dedication to Collier County. Upon completion of the construction of the North-South
Road, the owners of the Parcels agree the North-South Road shall be dedicated to Collier County unless
4
OR: 3635 PG: 1676
either (i) all owners agree in writing that the North-South Road should remain private or (ii) the
dedication of the North-South Road is not accepted by Collier County. In the event the owners of the
Parcels agree to maintain the North-South Road as a private road, the written agreement among the
owners shall make a provision for the on-going maintenance and repair of the North-South Road and a
means for sharing the costs and expenses of the same. In the event the North-South Road including any
of the appurtenances thereto, or any portion thereof) is not accepted by Collier County, the owners shall
enter into a written agreement regarding the on-going maintenance and repair thereof. All owners agree
to promptly execute such documentation and provide such information as may be requested or required
by Collier County to complete the dedication.
(f) Maintenance of North-South Road. Any Developer (as hereinafter defined) completing
construction of the North-South Road or any segment thereof shall maintain and repair, in keeping with
all governmental permits and approvals, such portion of the North-South Road, until such time as the
North-South Road is dedicated to (and such dedication is accepted by) Collier County, and Collier
County accepts the North-South Road for maintenance, in accordance herewith. The owners shall be
obligated to reimburse the Developer (as the case may be) for their pro rata share of the costs and
expenses incurred by the Developer in connection with the maintenance and repair of the North-South
Road (or portion thereof) for so long as the Developer is obligated to maintain and repair same as
provided herein. Each owner's pro rata share of-themaintcnance and repair cost shall be the same as each
owner's share for the initial construction Is ic>ib1E prtion. Each owner shall deliver its pro rata
share of such maintenance and repa;r'cg�ts to the Deve7bpel n five (5)business days of receipt of a
bill therefore from the Developpt..;. ;lia' the event that the cirthSouth Road (including any of the
appurtenances thereto, or any poftion%thereof)-isnot accepted b Colder County as a public road and/or
for maintenance within one (1?) year after�•tbe date of\eo\mpletio of\the North-South Road, then the
Developer shall no longer be'resppo s b1 ri . anc*orir r o the North-South Road and the
owners of the Parcels shall a ee[4p n the the. 41a„.rr-)a!n� foie futire maintenance, which method
may include, without limitati na_ rrr E o i c f a yo lmunrt 4evelo_pr rent district pursuant to Section
190,Florida Statutes("CDD" ort ie-ortnaflon--Ut`a-md$er h” eOwr er'�� association("MHOA"). In the
event a CDD is formed for th ,p�ose of maintainingid r a n ,',the North-South Road, the CDD
shall have the responsibility fok;performing the maintefi r e df c lir work and paying the cost and
the CDD shall onlyhave financial
expense of the same. Notwithst�rldin anything to the co5i{y.;�
responsibility pertaining to the land\yhi9•is,benefited and-bui ened by the CDD. The CDD shall have
no financial obligations to or for any Parke" Oy�� �oto' eeCDD. The CDD shall have the authority
to collect for such cost and expense in maitita ini efr'lorth-South Road through assessments or such
other collection mechanism as may be authorized pursuant to Section 190,Florida Statutes. In the event a
MHOA is formed, the MHOA shall have the responsibility for performing the maintenance and repair
work and paying the cost and expense of the same. Notwithstanding anything to the contrary,the MHOA
shall only have financial responsibility pertaining to the land which is benefited and burdened by the
MHOA. The MHOA shall have no financial obligations to or for any parcels not subjected to the
MHOA. The MHOA shall have the authority to collect for such cost and expense in maintaining the
North-South Road through assessments.
(g) Mederos Property (Parcel 3). Parcel 3, owned by Mederos, is not included within the
scope of this Agreement. It is agreed that in the event that one or more signatories hereto(individually or
collectively)or Prime Investors and Developers, Inc. acquire Parcel 3 prior to construction of Segment 2
of the North-South Road,then said party will cooperate by promptly granting such easements as may be
necessary to develop Segment 2 of the North-South Road. The alignment of the North-South Road shall
thereafter be adjusted onto Parcel 3, with the width of the road on Parcel 3 being the greater of the
following: (i) thirty (30) feet or (ii) one-half of the width of the North-South Road as proposed for the
segment of the North-South Road encompassing Parcel 3 and Parcel 8. The conveyance of such an
easement by such owner(s)prior to Collier County's approval of the roadway drawings and plans for the
5
• I
OR3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s) fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1, Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof: Parcel 1-64 units;Parcel 7-41 units; and all other parcels in the PUD- 81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a) hereof) from the owner of Parcels 7 through 9, inclusive, ("Seller") up to 92
dwelling units which have been allocated` gant z of nbsection (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exerci` kry rurchaser n''.r}ip pore than two transactions on or before
December 31, 2005 ("Expiration l�at '' '..the purchase pri`ee.fot..each individual dwelling unit shall be
$500.00. In the event Purchaser select o exercise this option, chaffer shall,on or before the Expiration
Date, notify Seller of the numJer of u x,to be-purehase 1. Clo ng hf any such purchase of dwelling
units shall occur within 20 day, of,Seller's reAeiit f notice from P chhser. The purchase price shall be
"� `-- ' e Florida
aid in cash,wired funds, or cast ter/sleek krcyti)atik, an pfficein Collier Coun ,'or such other method as may be a 11eptabl t t ,-it 's pole iscretion. Seller shall have the
sole discretion to determine d h Wparc l thea. _,;Jling..�uni s e a signed. Purchaser shall pay all
costs associated with the trar l"er\of dwelling units. 's optio ,$, 1 terminate on midnight of the
>,.
Expiration Date and be of no fiz r rce and effect. ``y'` �i}1 :..-'
(c) Contingency. In\ tied vent any statute, lawfQrdiijance,resolution, rule, or regulation is
adopted and enforced by the state��ty,� othergov e�tjt l entity (or any agency or department
thereof) that would have the effect of tettiporj.ly.:Xtg-the number of dwelling units that can be
constructed within the Wolf Creek PUD(in its entirety),-the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33% of any such temporary allocation and Parcels 4 through 9 shall be allocated
67%of any such temporary allocation;provided, however, that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation,as described in Section 3.9.5.5.3 of the Collier County Land Development Code, as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
1
OR: 3635 PG: 1678
9. Access Easements/Signature Entry Feature. In order to construct the North-South
Road,various road right-of-way easements will be required from the owners of the Parcels. To the extent
not previously provided,the owners of the Parcels agree to convey the easements described in this section
at no cost to the other owners within twenty(20)days of a receipt of a written request from the Developer
(as defined in Section 11 below), and further agree to the conditions and limitations described in this
section.
(a) Parcel 2/Parcel 8. The owner of Parcel 2 shall provide a non-exclusive 30-foot wide
permanent road right-of-way easement along the east 30 feet of Parcel 2 for the benefit of all Parcels. The
owner of Parcel 8 shall provide a non-exclusive 30-foot wide permanent road right-of-way easement
along the west 30 feet of Parcel 8 for the benefit of all Parcels. The owner of Parcel 9 shall provide a
non-exclusive 30-foot wide permanent road right-of-way easement along the west 30 feet of Parcel 9 for
the benefit of all Parcels. Where the minimum road width is required by Collier County Transportation
Services to be wider than 60 feet, the easement width provided shall be increased the minimum amount
necessary to accommodate the North-South Road, with the center of the roadway remaining on the half
section line where possible(unless the Developer controls the land on both sides of the roadway,in which
case the Developer shall determine in its sole discretion where to locate the centerline of the North-South
Road for said portions);provided, however,that where a wider road right-of-way is needed to provide a
turn lane into a particular project the additional road right-of-way easement area shall come from the
parcel needing such turn lane.
(b) Parcel 1/Parcel 10. fld' '•nit"A-2"to Po \the owner of Parcel I shall provide a
non-exclusive 42-foot wide pe . ••t road right-of-way ease =nt al g the east 42 feet of Parcel I and
the owner of Parcel 10 shall pro 'de : orr-exchtsive 42-f t wid- •- nent road right-of-way easement
along the western 42 feet of P: cel 0, d1'i-4 e\benefi of all ': ce s. From Point"B"to Point"C",
the roadway width is intende• to y.' : Ifo •, ,/ 'ght f-way to 60-foot road right-of
way. The owner of Parcel 1 • :11 . •. 'd a o e u �e c - ► t t• 42 foot wide permanent road right-
of-way easement along the ea.t,..,1, to '2 et f jl and e o Fr,•f Parcel 10 shall provide a non-
exclusive 30-foot to 42-foot 11- • •: en - righ=•f-w -ea u: along the western 30 to 42 feet
of Parcel 10, each for the ben. -•' all Parcels. The ac.•:I dth • ..ach road right-of-way shall be as
determined by Collier County . sportation Services-11'n'. Ah(ij view of the roadway plans for
Segment 1. Where the minimum •• d vidth is required by Il&, 6unty Transportation Services to be
wider than contemplated herein,th ey- ent width provi� a '' cel 1 and Parcel 10 shall be increased
the minimum amount necessary to acc rent the
• } oad.
(c) Purpose of Easements. These easements provided for in this section are for the purpose
of providing unrestricted ingress and egress for all of the Parcels and shall also be for the construction of
the North-South Road, including all necessary or required utilities, sidewalks, water management
facilities,landscaping,and signage.
(d) Signature Entry Feature.
(i) Permitted Owners/Location. The easements described in subsection 9(b)of this
Agreement (or in a separate easement if desired by the owner of Parcel 1 or Parcel 10) shall permit the
owner of Parcels 4 through 6, the owner of Parcels 7 through 9, or the owner of Parcel 1 and Parcel 2
("Permitted Owners")to construct a signature entry feature(hereinafter"Signature Entry Feature")upon
no more than 400 square feet in area and located north of where the North-South Road intersects with
Vanderbilt Beach Road. For purposes of this section, the term Permitted Owners shall be deemed to
include and mean, as to each individual Permitted Owner, said Permitted Owner's successor, assign, or
successor in title. The Signature Entry Feature may be constructed at any time subsequent to the
commencement of construction of the North-South Road between Points "A-2"and "C". The Signature
Entry Feature may be located, at the sole discretion of the owner of Parcels 4 through 6, in either the
7
OR; 3635 PG: 1679
North-South Road median or in wing walls along each side of the North-South Road.
(ii) Constructing Owner. The owner constructing the Signature Entry Feature shall
be referred to herein as the Constructing Owner. Any of the Permitted Owners may become the
Constructing Owner, subject to the provisions of this paragraph. Buckstone Estates, because of its
designation as the Developer of Segment 1, shall have the initial option to become the Constructing
Owner. Buckstone Estates may become the Constructing Owner by delivering written notice to the other
Permitted Owners of its desire to be the Constructing Owner no less than thirty-five (35) days prior to
commencing construction of Segment I of the North-South Road. If Buckstone Estates shall either(1)
fail to commence construction of Segment 1 (for any reason) on or before April 1, 2005 or (2) fail to
commence construction of the Signature Entry Feature on or before April 1, 2005, then the owner of
Parcel 1 and Parcel 2 shall have the right to become the Constructing Owner. In such an event, if the
owner of Parcel 1 and Parcel 2 shall elect to be the Constructing Owner, said owner shall deliver written
notice to the other Permitted Owners on or before April 30,2005. If such an election is not made by the
owner of Parcel 1 and Parcel 2, the Permitted Owners shall thereafter enter into a separate written
agreement specifying the owner who shall assume the duty as Constructing Owner; provided all other
terms of this section shall be unchanged. Any notice required under this paragraph shall include a sketch
showing the intended Signature Entry Feature and a cost estimate(including a 10% contingency) for the
design and construction costs of the Signatfre-E
(iii) Design. d • ttffe Entry Fea . be properly permitted through Collier
County and any proposed cons' .ct(n in wing walls shall b esi ed to not unreasonably block pre-
existing signage on Parcel 1 or P: e flourth ew of otorist tra ling on Vanderbilt Beach Road or
the North-South Road to be co stru ted uant to 's Ageement. Pn•r to commencing construction of
the Signature Entry Feature, e f s • 'n . it r, V 0 the other Permitted Owners with a
copy of the design plans for is e ` .1 : E -. . iv''c c e 'gn dans shall show the location of
the proposed Signature Entry ,i e. E:• ' e I Owner h. 1 h yeten(10)days after receipt of said
design plans to review and a lied* e e s ;wh ITIppprov rs •t be unreasonably withheld or
conditioned. If any Permitted fr` -r has not or does ndJesp n• * i, Constructing Owner in writing
within such ten(10)day period, .41 'ermitted Owner shall : it; o have approved such plans.
(iv) Parcel 1 an,e tion Out, ' er of Parcel 1 and Parcel 2 shall have
the option to opt out of participation i t1 el ! aj } t :feature as described in this paragraph. The
owner of Parcel 1 and Parcel 2 shall each fto*-t r�( ail tructing Owner within thirty (30) days after
receipt of notice from the Constructing Owner under subsection (ii) above if it desires to opt out of
participation in the construction of the Signature Entry Feature and use of any portion of the sign face that
would otherwise be allocated to said parcels. The failure of the owner of Parcel 1 and Parcel 2 to respond
with said thirty(30)day period shall be deemed a conclusive election by such owner to participate. In the
event the owner of Parcel 1 and Parcel 2 opts out of participation,then the owner of Parcels 4 through 6,
inclusive,shall have the option to allow the owner of Parcel 10 to participate instead. In such a case and
with the agreement of the owner of Parcel 10, all further references to Parcel 1 and Parcel 2 in this
Section shall mean and refer to Parcel 10.
(v) Sign Face(s). The following conditions shall apply to the sign face(s):
(a)the sign face(s) shall be equally divided among the parcels as defined in this
subsection. In the event the owner of Parcel 1 and Parcel 2 elect to participate,the sign face(s) shall be
equally divided into thirds,with one-third of the sign face(s)for the project on Parcel 1 and Parcel 2;one-
third of the sign face(s) for the project on Parcels 7 through 9,inclusive; and one-third of the sign face(s)
for the project on Parcels 4 through 6,inclusive. In the event the owner of Parcel 1 and Parcel 2 elect not
to participate(and Parcel 10 is not substituted),the sign face(s) shall be equally divided, with one-half of
8
OR: 3635 PG: 1680
the sign face(s) for the project on Parcels 7 through 9, inclusive and one-half of the sign face(s) for the
project on Parcels 4 through 6,inclusive;and
(b)each non-constructing owner not opting out of the shared signage shall notify
the Constructing Owner of its project name for the sign(s) within thirty (30) days of notice from the
Constructing Owner or the Constructing Owner shall leave the sign face blank for any non-constructing
owner not timely notifying the Constructing Owner of its project name; and
(c) each of share of the sign face(s) shall be equally visible to both westbound
and eastbound motorists traveling along Vanderbilt Beach Road,
(vi) Cost. The costs for design, permitting, and construction of the Signature Entry
Feature shall be shared as described in this paragraph. In the event the owner of Parcel 1 and Parcel 2
elect to participate, the costs shall be divided as follows: one-third of the total costs shall be paid by the
owner of Parcels 4 through 6,inclusive; one-third by the owner of Parcel 1 and Parcel 2;and one-third by
the owners of Parcels 7 through 9, inclusive. In the event the owners of Parcel 1 and Parcel 2 elect not to
participate (and Parcel 10 is not substituted), the costs shall be divided as follows: one-half of the total
costs shall be paid by the owner of Parcels 4 through 6,inclusive;and one-half by the owners of Parcels 7
through 9,inclusive.
R COC
(vii) Payment. TI( sti tictingOw` '4, "vide the non-constructing owners with
a detailed billing statement for th 411,1Cuction cost within fo r` 45)days after the completion of the
initial construction and installatio of if Stgnatue Entry Feature, . d e h of said non-constructing owners
shall remit payment to the Co :tru g ihd"` (30) =ys f the receipt of such bill. If any
such bill(s)is not paid within :aid ' •.0 :-.; -( t f all such invoices together with
interest thereon at nine pert- i-€€ (9' ., s k pin i, Ii- o said non-constructing owner's
property,unless and until paid;(i 4'e 4,1. '►t'4 g • ma - or. pc such lien in the Public Records
of Collier County,Florida ag: ' eno -co .• c •pd bring legal action against the
non-constructing owner for t - n-constructing own.,•' c snsn costs; and (c) may, at the
Constructing Owner's option, fo i• o any such lien de • a,.i . ' the same manner as a mortgage
lien on real property, and interest, sts d reasonable attorne - ie of any such action will be added to
the amount of any such lien, and s :11' ,I verable in e Constructing Owner prevails in any
such action. ' ,-
: . rte.
(viii) Maintenance. The Signature Entry Feature shall be maintained and repaired from
time to time,which maintenance and repair shall be performed in accordance with all governmental permits
and approvals. The Constructing Owner (or its successor or assign) shall be responsible for such
maintenance and repair, unless otherwise agreed among the owners participating in the Signature Entry
Feature. The costs for any such maintenance or repair to the Signature Entry Feature shall be shared in
the same manner described in Section 9(d)(v) above relating to construction costs. Any owner may
assign its obligations for payment of such maintenance and repair costs to a property owners' association
or condominium association formed with respect to such owner's parcel(s). The Constructing Owner
may assign its obligation for maintenance and repair of the Signature Entry Feature to a property owners'
association or condominium association formed with respect to the Constructing Owner's parcel(s).
(e) Directional Signage. At the request of the owner of Parcels 4 though 6, inclusive, or the
owners of Parcels 7 though 9, inclusive, the owner of Parcel 10 shall provide the owners of Parcels 4
through 6 and Parcels 7 through 9 with a non-exclusive sign easement having an area of four(4) square
feet for the purpose of erecting and sharing a directional sign along the eastern side of the North-South
Road,where the North-South Road intersects with the access road into Parcel 10. The easement shall be
in a location such that that the directional sign is easily visible to northbound motorists.
9
OR: 3635 PG: 1681
10. Stormwater Management. Water management for the section of the North-South Road
located between Point "A" and Point "C" shall be provided on Parcel 10. Water management for the
section of the North-South Road located between Point"C"and Point"E" shall be provided on Parcel 8
or Parcel 9. Water management for the North-South Road located between Point"E"and Point"F"shall
be provided on Parcel 4,Parcel 5, or Parcel 6. Any owner whose parcel has the responsibility for water
management under this section may redirect said responsibility to another property through a separate
written agreement without the consent of the other parties hereto; provided,however,no such agreement
shall release said owner of its obligations under this section.
11. Developer.
(a) Identification of Developer. The North-South Road may be constructed either in a single
phase or in two separate phases. If the manner of construction is in two separate phases,the first phase of
construction shall be Segment I and the second phase of construction shall be Segment 2. The phases
may be developed concurrently. Any of the owners of Parcel 1, Parcel 2, or Parcels 4 through 10,
inclusive,may individually or collectively be the developer of the North-South Road or Segment 1 of the
North-South Road. If,however,the North-South Road is developed in phases,only the owner for Parcel
4, Parcel 5, or Parcel 6 may develop Segment 2. The term "Developer" as used herein shall mean and
refer to any such owner which elects to cons. y tQf the North-South Road. The owners agree
and acknowledge that Buckstone Es sot for Segment 1. Buckstone Estates has
tr
submitted roadway plans to Collier o connection wit• a • submittal for its properties. If at any
time Buckstone Estates ceases(f airy' asonn)its pursuit of the ' for the construction of Segment 1
at any time prior to March 1, 2 5, kstoffe"Estatss_s ll noti other owners of the same within
twenty (20) days and thereaft an'the ownet assum the ro.- o the Developer of Segment 1 by
notifying the other owners in . r_-. , -. : ' :.ton Estates fails(for any reason)to
obtain permits for the constru do sof e - t + o ort r :,c+ 1, 005 or fails(for any reason)to
commence construction of See o .r bg o 'Ifril 1, 015, ani er owner may elect to be the
Developer of Segment 1 and nbt7 the~nther'. rs i
•
the same. In any case where
Buckstone Estates shall cease t he Developer of Se t f' ther owner seeks to become the
Developer of Segment 1, such .t< owner shall within ays of assuming the role of the
Developer of Segment 1 promp ,, elsburse Buckstone s .f r the new Developer's share (see
Section 6(c) of this Agreement) o -1A•q'sign and permi expended by Buckstone Estates for
Segment 1. Upon receipt of such pa ni't,- efl. t'{ s- 11 promptly provide the new Developer
with copies of its materials related to the . -. •' ng;a and construction of Segment 1. Wolf Creek
Estates shall be the Developer of Segment 2;provided,however that Buckstone Estates, with the written
consent of Wolf Creek Estates, may instead be the Developer of Segment 2. The Developer shall be
responsible for the design, permitting, and construction of those portion(s) of the North South Road
(including the related improvements) it will be constructing, with the costs of which to be shared as
described herein. The name of the North-South Road shall be Pristine Drive unless Collier County shall
rescind its prior approval.
(b) Design Plans,/Pernvtting. The North-South Road shall be designed in accordance with the
terms of this Agreement. If the North-South Road is being constructed in phases, both phases shall be
designed and constructed in a consistent manner so as to be compatible with one another. All plans and
specifications for the North-South Road shall be prepared by a licensed and reputable engineering firm. The
Developer shall be responsible for obtaining any permits or governmental approvals necessary or
appropriate to construct the North-South Road("Road Permits and Approvals"). All owners of the Parcels
will cooperate in good faith with the Developer and the Developer is hereby expressly authorized by the
other parties hereto to apply for or to pursue in the Developer's name (or in the names of the owners of
the Parcels or both as the Developer may deem desirable)the Road Permits and Approvals which may be
required to construct the North-South Road. The owners of the Parcels further agree to promptly execute,
10
OR: 3635 PG: 1682
acknowledge,consent to,join in, and deliver all documents, applications and other papers which may be
necessary to make such applications or to obtain the Road Permits and Approvals.
(c) Development of Segment 1. Upon completion of the final plans and specifications for
Segment 1,and approval of the same by Collier County,the Developer shall furnish such finals plans and
specifications for the construction of Segment 1,including sidewalks,accompanying utilities,landscaping,
signage (except for the signature entry feature), and other related improvements to the other owners for
their review. No sooner than fifteen(15) days after such plans and specifications have been delivered to
the other owners, the Developer shall seek bids for the construction and installation of Segment 1 from
not less than three (3) qualified, licensed contractors previously experienced in Collier County as road
contractors. At the sole option of the Developer, the Developer may also seek up to two (2) bids from
qualified, licensed contractors not previously experienced in Collier County. When such bids are
solicited by the Developer,the Developer shall notify the other owners and provide them with a copy of
the request for bid and a list of the contractors from whom bids are being solicited. When the bids are
returned,the Developer shall provide copies of all completed bids to the other owners. In the event the
Developer selects any complete bidder other than the lowest complete bidder,the Developer shall provide
the other owners with its reason(s)for selecting the applicable bidder,and the other owners shall have the
right of approval with regard thereto, which approval shall not be unreasonably withheld, delayed or
conditioned. If any owner fails to notify the Developer in writing of their disapproval of the selected
bidder within five (5) business days after • eethereof from the Developer, such selection
shall be deemed to have been apprIIx
,. '''.1r4,W461 twithstanding anything to the contrary
contained herein, the other own- sJave no right . yal if the Developer selects the low
complete bidder. �f
No less than thirty-five(35 'da3 or toic mmin''ng con true 'on of Segment 1,the Developer
shall provide the owners of th of .,j
(lc
- �■ .. : O ers")with the following: (i) a
cost estimate for the construe on t, `-„ 1, (1 d g f I' , o a tin envy(hereinafter"Road Plan");
and (ii) a breakdown of the c•s _-ti . : e: *}e P P. •el (a.do ach of the Parcels, "Individual
Construction Cost"). The No g-it etrs-s411 s•-' ;' .., a (35) days from the receipt of
said materials from Developer 6 . ,ce said owner's Indi ual 'on Cost into an escrow account
with an escrow agent designate• ;:,. e Developer,whi is o t shall be an attorney licensed in
the State of Florida. The cons otio $ds deposited wit • is ow agent shall be available to the
Developer through customary cons fi ws. No later •• (�f-five(45)days after the Developer's
receipt of a certificate of completion, D ?er-lig;f f le the construction fund account. Any
excess funds shall be returned in a pro rata ,.6.. .;•n the Individual Construction Costs paid. In
the event of a shortage of construction funds to cover the costs and expenses of the Developer in
constructing Segment 1 (other than due to non-payment by a Non-Constructing Owner), the Non-
Constructing Owners shall be responsible for paying their pro rata share of such shortage. Developer
shall provide the Non-Constructing Owners with commercially reasonable documentation which
evidences the additional costs and expenses incurred by the Developer and the pro rata share of said costs
and expenses for each Non-Constructing Owner. Each Non-Constructing Owner shall have twenty-five
(25)days to pay its share of such shortage to the Developer.
(d) Non-Payment-Segment 1. Except as provided in subsection (e) below, in the event
timely payment of the applicable Individual Construction Cost is not received from any Non-Constructing
Owner, then (i) the amount of all such Individual Construction Cost together with interest thereon at nine
percent per annum(9%)shall constitute a lien on said Non-Constructing Owner's property,unless and until
paid; (ii)the Developer may record each such lien in the Public Records of Collier County,Florida against
the Non-Constructing Owner's property and bring legal action against the Non-Constructing Owner for the
Non-Constructing Owner's construction costs; and(iii)may, at the Developer's option, foreclose any such
lien described above in the same manner as a mortgage lien on real property, and interest, costs and
reasonable attorney's fees of any such action will be added to the amount of any such lien, and shall be
11
OR: 3635 PG: 1683
recoverable in the event the constructing owner prevails in any such action. The right to foreclose specified
hereunder may not be exercised prior to August 1, 2006; provided, however, such time limitation shall
immediately cease to apply in the event of a sale, transfer or other disposition of the real property(or any
portion thereof or any interest therein)that is subject to any such lien.
(e) Temporary Construction Easement. Upon the request of the Developer, any owner when
so requested by the Developer will grant to the Developer a temporary easement for access over,across,and
upon such portion of its property as shall be reasonably requested by the Developer for the initial installation
and construction of the North-South Road. Said temporary easement will be prepared so as to terminate
upon completion of the initial construction of the North-South Road. The Developer shall restore any
improvements damaged during its use of any such temporary construction easement.
(f) Construction Liens. The Developer shall keep the other Parcels at all times free and clear
of construction liens, mechanic's liens and any other liens for labor, services, supplies, equipment or
materials purchased or procured, directly or indirectly,by or for the Developer(or any entity related or
affiliated with the Developer). The Developer agrees that it will timely pay, satisfy or otherwise
discharge all liens of contractors, subcontractors, mechanics, laborers, materialmen and others of like
character on account of such a lien or the enforcement or foreclosure thereof. In the event of non-
payment or non-satisfaction of any such lien by the_.De.veloper, the owner of the parcel shall have the
right,but not the obligation,to pay off o rtiF i4-1t ovide the Developer with a bill covering
all costs and expenses of the develo• 1p k sue rac ►s,any such bill is not paid within twenty
(20) days, then (a)the amount of a t •'lrtogether with inte ..t,theeon at lesser of eighteen percent per
annum(18%)or the highest rate : low y last shall constitute a ien bb the Developer's property,unless
and until paid; (b) the parcel oer m seq.ra-a letr•imf a Pub •c cords of Collier County, Florida
against the Developer's • .•- ., an b ' : le!. :t ti•,s :1: n t.th- a-vel er for said amount; and(c)may,
at the parcel owner's option, ore• ; s e• • c b d ;•• d interest, costs and reasonable
attorney's fees of any such ac •n •e9,,‘;d a 01o t f is h , and shall be recoverable in the
event the parcel owner prevails ' :g }a •, y ,
12. Notices. Any n•a; request,demand, ct o er communication to be given to
any party hereunder shall be i a fit ig and either hand' flCs , delivered by overnight courier,
facsimile transmission, or sent by I s dor certified nia,k n receipt requested,postage prepaid,
addressed as follows: �
CO-
If to Lindner/Trust 1,
Lindner/Trust 2: do Naples Realty Services
4980 Tamiami Trail North
Naples,Florida 34110
Attention: Mark L.Lindner
Telephone: (239)213-2686
Facsimile: (239)434-2747
If to Wolf Creek Estates.
Hoover/Fallen Timbers, 3785 Airport Road North,Suite B-1
or Buckstone Estates: Naples,Florida 34105
Attention: William L.Hoover
Telephone: (239)403-8899
Facsimile: (239)403-9009
Any notice demand, request or other communication shall be deemed to be given upon actual
receipt in the case of hand delivery, facsimile transmission, or delivery by overnight courier, or three (3)
12
OR: 3635 PG: 1684
business days after depositing the same in a letter box or by other means placed within the possession of the
United States Postal Service,properly addressed to the party in accordance with the foregoing and with the
proper amount of postage affixed thereto. In the event of any notice via facsimile transmission,a hard copy
shall be sent via regular mail on the day of such transmission. Any such transmission received after 5:00
p.m.Eastern Standard Time(or Daylight Savings Time,whichever then applicable)shall be deemed to have
been given on the next following business day.
The addressees and addresses for the purpose of this Section may be changed by any party by
giving written notice of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in effect for all purposes.
13. GoverniinE Law/Venue. This Agreement shall be construed in accordance with Florida
law (exclusive of choice of law rules). Venue for any action arising hereunder shall lie exclusively in
Collier County,Florida.
14. PrevaiilinE Party. The prevailing party in any litigation involving this Agreement shall
be entitled to recover from the non prevailing party all attorneys'fees,paralegal fees and costs incurred in
connection with such litigation,at arbitratio, n--a•• al-otherwise,including reasonable attorneys' fees
and paralegal fees in the enforcement of �;I - in w .der. The owners of the parcels herein
described shall only.be liable for kci. $ ot1 i Of tin . t ' • t during their respective periods of
ownership, and in the event any is brought for reco : - 'o monetary damages for any breach
hereof, the claimant shall look olel, the-interest of the th o r of the parcel in breach for the
recovery of such monetary da ges
15. No Third P j t e E efit . ~- . .lvnji s -s greement are for the exclusive
benefit of the parties, their h .i c est' s, . -,s d as ' s, : ,..t as otherwise provided herein,
and not for the benefit of an �t • .-ron, or.r. 4..s A e deemed to have conferred any
rights, express or implied,up. • Ti third person. Notw! sta in.,6 ing herein to the contrary, it is
recognized by all parties hereto t ' 'me Investors and v o•e, c. is presently under contract to
purchase Parcel 1 and Parcel 2 • Contract"). For p •.sus)/f this paragraph, the term "Prime"
shall mean and refer only to Prime f sand Develo . -I b:.•r to a corporation that is the assignee
of the interests of Prime Investors ahDe (a ; t„ under the Prime Contract; provided,
however that (1) said assignee shall have--te� Sjority shareholders as Prime Investors and
Developers, Inc, and (ii) Prime shall provide written notice to the owners of the Parcels within ten (10)
days of any such an assignment and the verifying shareholder information. In the event of an assignment
not complying with the foregoing terms,all of Prime's third-party beneficiary rights referenced hereunder
shall immediately cease. Provided that the Prime Contract is in full force and effect and Prime is not in
default under the Prime Contract, it is recognized by all parties hereto that Prime is a third party
beneficiary of this Agreement and as such, has a vested interest in and to the terms hereof. Once this
Agreement is executed,no changes, modifications and or alterations to this Agreement shall be permitted
unless same shall be in writing and has the written consent of Prime;provided,however,consent of Prime
shall not be required under the following conditions: (i) the Prime Contract is no longer in full force or
effect or (ii) Prime is in default under the Prime Contract. In any event, the requirement for Prime's
consent under this paragraph and Prime's third-party beneficiary rights hereunder shall cease and
terminate as of October 31,2004.
16. Partial Invalidity. If any term or provision of this Agreement or the application thereof to
any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, such term or
13
OR: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by Iaw.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s) of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
18. Covenants Running with Land. All of the provisions of this Agreement,including all of
the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels, without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
19. Interpretation of Owner 11 tett�th 'expressly provided, the term"owner"when
used in this Agreement shall be deen3e . ltlde and mean- `)ijiler and the owner's successors,assigns,
or successor in title. / '\
20. Integration. T is °�`gre entrembQdiesihctentireunderstandingof theparties with respect
to the subject matter herein,and the/knit/5..1ilo fol v
/� � � er4aric{,sypersedg all prior understandings.
11 S ) ) � '
21. Counterparts. '�s gr9 mknt iia}i'"�i exec to inJany Jnumber of counterparts,each of
which shall be deemed to be ,_;p gin8l as gsifisf-anl arty wvo i hire appears thereon and all of
which shall together constitute land the same instrume
22. Recording. This °t ent shall be recorde �., Public Records of Collier County,
Florida. } r
{SIGNATURES BEGIN ON NEXT PAGE}
14
OR: 3635 PG: 1686
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
WOLF CREEK ESTATES:
WOLF CREEK ESTATES,LLC,
a Florida limited liability company
•+ ,i/ I By: Catalina Land Group,Inc.
a Florida corporation,
L - 1 . its Manager
Print Name. „1 L- L9 •
lib ,t a b! . a!�i By:
Print Name: :Ill' : ,.� . tk. ` ) William L.Hoover,President
STATE OF A�.►t 4'v cYti V
ss.
COUNTY OF ' , t--..-----\"------ -\"--
The foregoing intron: t :s c w d • • 9C of , 2004
by William L.Hoover as Presi•- • ; a Ilk d • -',Inc a lo t' �•orporation, e mans of Wolf
Creek Estates, LLC, a Florida' $$$ • -ha ih c• i.:, ', ,n b o mi• entities who is personally
known to me or
( )has produ • ', .4.4 vidence of identification.
(,-) ''' 0 P..—popiiii/L.
(SEAL) N,Y,� N ../.1:i"--...,, �..--` �a
,0,..,act, BRANDY A, r _..._ .-- }
* ,� MY COMMISSIONtOO468078 ffI � _1V P lc
EXPIRES,February 18,2007 `�--------- me:
me.
�*�e�„d 8ond•d Tam B**Notary$ vke• (Type or Print)
My Commission Expires:
15
OR: 3635 PG: 1687
HOOVER/FALLEN'TIMBERS:
114..4 , 24 _
Print N. : _h.: I y L . • • c..k.... William L.Hoover,as Trustee of Fallen
Timbers Land Trust dated November 5,2003 I
Print Name: A(cAzA Irk. ` k.k.
STATE OF '� -0 )
COUNTY OF QS L 1 )ss.
�h (�
The foregoing instrument was acknowledged before me,this 2'1 of_ l l , 2004
by William L. Hoover,as Trustee of the Fad Fin d Trust dated November 5, 3, who is(✓�
personally known to me or ( ) has' itfad -() as evidence of
identification. `(S , !� T.?'
i1 „,(2,1 J.__
(SEAL) *IV* 'i Y c 1
ry
s 1 0; e Print)
I e -v.y Ike a - • xpires:
.15kJ ,,,C)'i
s
16
011: 3635 PG: 1688 .
1.
.
1 DNE: RUST l: )
.../...f. ./.... ..AI . / L A. I. • is
Print N; W. /1. z} Mark L. finder,as Trus under -,v.
Unrecorded Land Trust U/T/D January 4,1999
/� •
:
.
STATE Of____________e'ig) .
)u ..
COUNTY OF C SSC ) • .j
The foregoing instrument was acknowledged before me,this 3 of ,AE)U�C , 2004 M
V
by Mark L. Lindner, as Trustee under that unretord . hand Tru ttig{aL D January 4, 1999 who is( ) _
personally known to me or ( ) has produced �,/I.•=1 as evi ce of •
identification.
(SEAL.) - \.e ..0 •,!" z. _/ f • • I.
ry aT '.s: -
Name: ,4.10 . g : v
•
pe 0, 'tinr't) -
�d `F4--Cgimi„scion ices:. AT/Js k 'a lam _
'
. (71(f. 47: ...,,,,,,,,,,,,,,,,,,,,,,.
C) JAI ! 1--f .f.,4,;. .§4.,..:; ;...... :
•
,`` , It
' ' ? . f(�� , :,
x •
w l: y► S:
..:.:.!..:".;44';.ti-
i"•
•
•
. 17 •
•
Z L *r:1 9862 9E6 6E Ale3x03/1S I3'1)1 14Oe d Wd9E: t V00Z—EZ—B
•• OR:- 3635. PG: 1689
H
�- NON RUST 2:
Pant • 1 / rir 6,(:) Mark L.Linder,as Tmstee under
sdpv
Unrecorded Lord Trust UIT/D May 21,1999 ',
/ � r
7-iiir e: , 1374 t.V.AMA. _ .
•
t
STATE OF e .WIL2SFtf5) �•
)ss.
COUNTY OF 5CA' )
1.�
J �J --// .t
The foregoing instrument was acknowledged before me,this O33 of,�'lCIecs(-- 2004
by Murk L. Lindner, as Trustee under that unrecord .,Land Trust U/T/D May 21, 1999 who is( )
personally known to me or ( ) has produced (j i'.,..Lam as eviden • of ,.
identification.
, 4
(SEAL) - ' / ,_t! .f deIiir..../ i0 `
�O Yri4atne: Ibireiceiffe.,i
(Type or'rant)
7,,
ii
My Commission Expires U —/4.#,d
i4 tttttttttt
il
1C,c)::e 0 -)T-).' ..4 *:-- 0.1i:i3., ';''''.'" . • .--
`� . Ni.-(1.(t."..51• Y moi. 4 ic� ';w`
•
•
$
IH
f
•
•
El 'd 8862 9£6 6EZ AiL13)103/1S 131) WOLid Nd6£: i 'Oe —EZ-8
OR: 3635 PG: 1690
BUCKSTONE ESTATES:
BUCKSTONE ESTATES,LLC,
a Florida limited liability company
il ' By: Catalina Land Group,Inc.
a Florida corporation,
r... RE A. its Manager
•
' 'nt Name: . - .. • ,,•—
INS . �
. ' t - a ..0 la ' , By: 91).--M �i� ?`�_
Print Name: arM M _ William L.Hoover,President
STATE OF C1-6Q.1 )
)ss.
COUNTY OF 01`1\ - --..-..__._.
= . :tau
The foregoing instrument �owledged before me, s of , 2004
by William L. Hoover as Presi int • --ata3inu\nd Gr up, Inc. a orida corpora n, the manager of
Buckstone Estates, LLC, a Fl 'da i�t li1bilit \coiii y, on hal of said company who is ( '�
personally known to me or ) p.=r.,-. - - --- as evidence of
identification. ( ro---
iT Ali
igkg--
(SEAL) ('1 \.._.. -\., isl 1+ ,
\----
r- 4, •T.' If
*AO t EXPIRES: i' .,�7 4), (Type or Print)
440,FiB°M.aThn'' se), sion Ex
'`:tTjE C;
9:KkctKYm r+kaw..a,.......van sun=g4.mm4-Nmm-smneoa
19
011: 3635 PG: 1691
EXHIBIT A
PARCEL LEGAL DESCRIPTIONS
Parcel 1: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D January 4, 1999)
The South 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section
34,Township 48 South,Range 26 East, Collier County,Florida,less
the south 145.00 feet thereof for road right-of-way.
Parcel 2: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D May 21,1999)
The North 1/2 of the Southeast 1/4 of the Southwest 114 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 4: (Owned by:Wolf Creek Estates,LLC)
The North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section
34,Township 48 South,R .? sillier County,Florida.
Parcel 5: (Owned by:Wolf Cr k es,LLC)
The South 1/2 fifth kitikesil14-of orthw I • of Section 34,
Township 48 but ,Rale 2a6t; 011ier oun ,1 lo 'da.
Parcel 6: (Owned by:W If C Esta es, )
V.(
The South 1/2 • t - Southeast 1/4 of th ,i Orth es 1 f Section
34,Township 4°` th,Range 26 East, er 9 lorida.
Parcel 7: (Owned by:Bucksto 's ,LLC) CJ
The South 1/2 of the Nortrwe�//�' pe..--Southeast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 8: (Owned by:William L.Hoover,as Trustee of the Fallen Timbers Land Trust dated November 5,
2003(owns west half of described parcel)&Buckstone Estates,LLC(owns east half of described
parcel))
The South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 9: (Owned by:Buckstone Estates,LLC)
The North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida
Less and except that real property conveyed to Collier County in that certain
Warranty Deed recorded in Official Records Book 3573,Page 0782 of the Public
Records of Collier County,Florida.
20
OR: 3635 PG: 1692
Parcel 10: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D January 4, 1999)
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN NORTH
89°46'10" WEST,ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST
CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4
OF SAID SECTION 34; THENCE RUN NORTH 02°14'20" WEST, ALONG THE
EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE
RIGHT-OF-WAY,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THENCE CONTINUE NORTH 02°14'20" WEST, ALONG
THE EAST LINE OF THE SOUTTI.WES 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 34,FOR A DIS 1Va: F e'.',.,T,PJE TO THE NORTHEAST CORNER
OF THE SOUTH 1/2 O' l i :i4 ' • .:i io 1 HE SOUTHEAST 1/4 OF SAID
SECTION 34;THE ' ' NORTH 89°47-1:3'6k\r s. ALONG THE NORTH LINE
OF THE SOUTH /2 s HE SOUTHWEST 1/4 d'TH SOUTHEAST 1/4 OF SAID
SECTION 34, sit •TP S'I NCE..AE. 422.04 E TO THE NORTHWEST
CORNER OF • S',U T! 1F I SO(� HWES 1/4 IF THE SOUTHEAST 1/4
OF SAID SE Ot' • :$1.11, -•s {t 13' ." EAST, ALONG THE
WEST LINE IF r n S c.40713- [ ,.0... .O EAST 1/4 OF SAID
SECTION 34, • ' a IS • .t, 8 F T a • I OINT ON THE NORTH
RIGHT-OF-W•i ' • a , 'i•' ; BE• ROAD; THENCE RUN
SOUTH 89°46'
tt+•ST, ALONG THE 0 •TH RI, -4E-WAY LINE OF SAID
VANDERBILT 4.et ROAD, FOR A ;4'4 N' A': 1,322,20 FEET TO THE
POINT OF BEG 'WI•CONTAINING 15.: ' 9' ORE OR LESS.
d C --<
Less and except that ".<1 . . .-son�y4 Collier County in that certain
Warranty Deed recorded i a l+a shook 3573,Page 0780 of the Public
Records of Collier County,Florida.
Parcel 11: (Owned by:Buckstone Estates,LLC)
The West 330 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4
of Section 34,Township 48 South,Range 26 East,Collier County,Florida.
21
OR: 3635 PG: 1693
GENERAL LOCATION MAP OF PARCELS AND
GENERAL LOCATION OF NORTH-SOUTH ROAD
EXHIBIT "B"
General Location Map of Parcels
#6 , COST
#4 # #7
41M. 41 ate• 416
Nesters. Lend
D 4')
b C.rpy[awl
n.naWalt
vuo w,aannir
iS:111
#1
A-2 #10
Owren Meow
A-I
EXHIBIT"B„
22
OR: 3635 PG: 1694
INTERSECTION IMPROVEMENT COST ALLOCATION
Parcel Owner's Share of
Intersection Improvement Costs
t ti p�
12% t.. 12% £/',,'�'') . 44)„,
#7 .,...g.,„...,
i ,of � k846Calf Alves LandTT'
r). -._r4 • % •TamGT.�rbL.rtd
w
bland Walk
PUD Rdarwr ..) 'Ll
ii
4'
1 c 12% :// mu
,• gCoda" 1
#1 , g.'-..::. :"....1`1'0,
9.5% A_2 9.5%
r
leandarldl&NM Road
`A-1
EXHIBIT"C"
23
OR: 3635 PG: 1695
POINT"A-1"TO POINT"D"
PRELIMINARY OPINION OF PROBABLE COST
BLACK BEAR RIDGE
PHASE I
Preliminary Opinion of Probable Cost
// J __. T
)/ • ^)—"\\\
Prepared for:
wit��Hoo R
t ,
r7 :5 rp r i s , lite
C) _, 05 L ,. E°-'4
C"C11\
...1*. •P. y
1*:\\\-. ...„.Hrt; ;').,'-"' ...____.-..---"-': )
I : C;: ' -'
P ed-try; '
Q.Grady Minor&Associates,P.A.
3800 Via Del Rey
Bonita Springs,FL 34134
(239)947-1144
(239)947.0375(Fax)
May,2004
1(52_,
a517/0-
Norman . bilrock,P.E. t
Florida Registration Number 47116
rV01010 t1 ias*sad r..eiyioec..,v .r.
E7i:11II31T"D"-Page 1 of 3
24
OR: 3635 PG: 1696
Black Bear jjl4Ee-Phase I Budzet
OtI-altr Improvements
Item-North-South Outer Loop Road Quantity Unit Price Total
1 Clearing and Grubbing 2 AC 53,500.00 $7,000.00
2 Sift Fence 2,800 12 $1.50 $4,200.00 .
3 Pill 8,500 CY $9.00 576,500.00
4 Final Grade 1 LS $6,500.00 $6,500.00
5 Valley Gutter 1„700 LF 55.50 514,850.00
6 8"Limerock Bue(compacted and primed) 4,800 SY 57.50 536,000.00
7 12'Stabilized Sobgnde 5,750 SY S2.25 512,937.50
8 3'Asphalt 4,800 SY 58.50 $40,800.00
9 Signing&cpavement markings t LS 56,500.00 $6,500.00 .
10 Sodding 5.800 SY 5150 18,700.00
I I 5 Wide Concrete Sidewalk 1,500 SY $16.50 $24,750.00
12 4'Limesock(under sidewalk) 1,500 SY 54.50 56,730.00
13 Maintenance of Traffic 1 LS 52,50000 $2,500.00
Sub•toalw >,#�,• $247,907.50
Vanderbilt Beach Road Intersection
Improvements Toothy Unit Price Total
I Tarn Lanes Complete(WB at,EB Lt) i,..•-2" , 140,0001)0 580,000.00
2 SignaUatiort s -( Ii. ( 430,000.00 $130,000.00
3 Side Drain Drainage(4 DBI,DBL tun 36') 1r�.m., ... t 3,00Q00 535,000.00
4 Lighting y [$ 't�00.0 525,000,00
0' • Sabtoal , M0,0o0.00
]tem-North-South Outer I,nop Rr) {LtL -"`N. __ , \
SaaiarySewaf / °-.,i; Quanjl ,; \ UaitPricit T�t
1 8'PVC Force Math(C-900 Chin 200)' t p'' Liao_ S28, .00
2 0'Plug Valve w/Box `'-�(, ,./.72- `A 'Nih 1,3404)3,'X1152,76.00
3 Hot Tap Future 16"Fora 1 on V 11 4 00 t`t0 `55,50(.00
E"., s 4# ix1„t} 13 6.46100
Item-North-South Oute -----, ( k.,......./), (,8k4°
----•"" ' y., {w-
Water Maio 'i a nand] t Unit•rice ,A . I
Hot Tap Existing 30"Rein(Con Y . r is '
I (or aft...lb and ap new prop 24" an I 1.2'$3•008..101,000.00
2 12'PVC Water Main(CL 200) 1,400 LF "5.60);15,700.00
3 12"Oate Valve w/Box 2 BA0t/53,000.00
4 Fire Hydrant(Complete Assembly) Q„ BA 1 $4,800.00
S PemxnentBactatialSamplePoint r r AS,' 4.00 $1,000.00
6 Temporary Bacterial Sample Point � l E C 1 "✓ ,'.00 5900.00
7 Air Release Valve .a..• L� $1,550.00 $3,100.00
Sub-Total ? ,r,.' {,tiE< t' ,:arr: 383,500.00
Item-North-South Outer Loop Road-
Dralna5e Quantity Unit Price Total
I Control Structure I EA 54,000.00 24,000.00
2 15'11.CP 100 LF $23.00 52,300.00
3 I0"RCP 350 LP 525.00 $8,750.00
4 24'RCP 1,200 LP 534.00 $40,800.00
S Valley Gutter Throat Inlet 6 FA 22,000.00 512,000.00
6 Gate mfr.' 4 EA $1,700.00 56,800.00
7 Junction Box 8 EA $1,830.00 114,800.00
8 13"Fared End Section I EA $900.00 5900,00
Stab-Total ::',-. �' 5: '' 599,35600
OIISiteToa)a ',Itt."'Y;' `1d'9"_‘=M 5728,197.50
5/14/2004
EXHIBIT"D"-Page 2 of 3
25
0R: 3635 PG: 1697
Black Bear Ridge-Phase I Budget
Assumptions
Construction stake out excluded.
Permit fees excluded.
Impact fees excluded.
Engineering fees excluded.
Testing services excluded.
Street lighting excluded(except VBR intersection).
Conservation Area
No mitigation,or replanting costs included(clearing only).
Sewer
Sewer profile has been adjusted to include 'Xf_Ws.
like
service for the potential lots on the Comet
Drainage
Water ��...
Will provide water service stubs or 2a . 15ID
Earthwork and Clearing � r_ V,
Fill from lakes is limited to only 1 nation depth below existing_. d,4rDy4onflncndatiOn.
An average of 1.6 ft°ff.!!over the ent eveloped site. ,�' I
Rock excavation,rock crushing and et iitg i incidental to the lake exert
Paving
Sidewalk cost included in Initial infrastructure. i L
Offsite
Inner loop road to be built by others,including tum lanes to serve site(no costs assumed).
Vanderbilt Beach Rd 6 lane improvements in place(I.e.force main).
Vanderbilt Beach Rd temporary turn lanes not required(I.e.payment to county to build improvements
to support project and to built as pert of 6 lane improvements).
a--se 'C.Go-'y .
EXHIBIT"D"-Page 3 of 3
26
OR: 3635 PG: 1698
Q.GRADY MINOR,P.E.
1415 Panther Lane,Suite 232
Naples,Florida 34109
Phone 239-591-6795
Fax 239-591-6732
July 23,2004
RE: Estimate of Engineering, Surveying&Permitting Costs for Pristine Drive Segment One
Engineering Design and Permitting of Pristine Drive $35,000
Engineering Design and Permitting of Vanderbilt Beach Rd. Int. Improvements $10,000
Pristine Drive Permitting Costs $1,500
Estimated Costs for Engineering Design and Permitting $46,500
Construction Engineering for Pristine Drive $9,372
Construction Engineering for Vanderbilt Beach Rd. Int./ROW Improvements $4,565
Total Estimated Costs for Construction E r#96—`-... $13,937
Construction Surveying for Prisfi ve ,f $18,656
Construction Surveying for V. de Mk d.Int./R0 p vements $6,017
Total Estimated Costs for Cos -\\VL k
ctic �eytng $24,673
(-71,7)--)
pp - 7
__\74.,,t,1/40.,., . ,..________:..",\,:/s44-V.:),
30$ASiengrcosts
EXHIBIT"E"
27
*** OR: 3635 PG: 1699 ***
INITIAL DENSITY ALLOCATION—WOLF CREEK PUD
Wolf Creek PUDs Initial
Residential Uni t Allocation
#5
81 81
#4 ..0'1'7011 #7 cr+nr ..
.c ,
ic
41
-- Nw.rsLind
D ry rem Ca**Land
Wend Walk
PUDRuld.nuU 1
C. blission
•
•
64 Aa
teanthiblateach Read
A•1
Total of 147.69 acres and 531 Units
EXHIBIT"F"
28
GoodnerAngela
From: marc alien <mallencny@yahoo.com>
Sent: Thursday,June 22, 2017 8:05 AM
To: SolisAndy
Subject: Re: PDI - PL20160000404 Wolf Creek RPUD Preserve Reduction
Follow Up Flag: Follow up
Flag Status: Flagged
Re: PDI - PL20160000404: Wolf Creek RPUD by the developer of parcels 3b and 9 to
reduce preserves
Dear Commissioner Solis,
First, let me be clear, I am not against development, nor against this developer's right
to develop his property. The property is, however, within a residential planned urban
development, Wolf Creek, and development should be in keeping with the agreements
and ordinances associated with the RPUD, and should be compatible with other
developments in the RPUD.
There are two facets to this proposal; preserve reduction and residential density,
although only one is being considered with this PDI. To be properly assessed the project
should be looked at in its entirety, not piecemeal.
Please consider the following:
With respect to the preserves:
There were no excess preserves or excess native vegetation prior to 2013
when a portion of Palermo Cove was brought into the Wolf Creek PUD.
As noted in the CCPC minutes of 3/21/2013, it was intended that there
be no net effect upon preserves and no increase in density in the Wolf
Creek RPUD and Palermo Cove PUD, with the 2013 WCPUD and Palermo
Cove amendments. Thus, the apparent "excess" should not have existed.
The excess appeared when the required preserves for SFWMD, which
were more than the county's native vegetation requirement, were added
to the WCPUD map exhibit as preserve, but not taken into account as
required native vegetation because only a portion was required. The
excess was an unintended consequence and a reduction should therefore
not be approved.
With respect to the density:
While other county PUDs may have dwelling unit "pools", Wolf Creek
1
dwelling units have been allocated to the different parcels in the
PUD, initially by a Cost Sharing Agreement* and subsequently by
county ordinances** as parcels were added to the PUD. This was
done with intent as documented in county minutes***
CCPC minutes from 3/21/13 document specific allocation of dwelling
units to prevent them from being "used" by other parcels, which
would change density
Parcel 9 was allocated 80 dwelling units for a density of 3.99 dwelling
units per acre when it was brought into the Wolf Creek RPUD in
2007 - that was the request and that was what was approved
Parcel 3b, representing N 60% of the original parcel 3, would be
allocated N 24 dwelling units based upon acreage and the original
2004 CSA post transfer of units to Falls at Portofino
Thus, parcels 3b and 9 have N 104 dwelling units allocated to them under
current ordinances and agreements - this yields an allocated
density of N 3.3 du's/acre
Comparable densities are:
Black Bear Ridge - density 1.97 built out (N 4 allocated)
Raffia(WCPUD portion) - N 2.3
Adjacent Island Walk - 104
Falls at Portofino - N 6.85 - these were initially high end
town homes selling in the N $500K range - the
allocation plan was for one higher density
multifamily project on the periphery of WCPUD with
lesser density elsewhere
There is a companion application PL20160000157 which proposes a 215
dwelling unit project with N 88% of the buildings being 7-9 flex
units - this is a high density row house type development of N 6.82
du's/acre - more than twice the approved/allocated density.
parcels 3b and 9 do not have 215 dwelling units allocated to them
and there is no request to increase the approved density
the developer is claiming density he does not appear to have
At every juncture, the county has historically upheld the allocation of
dwelling units within the Wolf Creek PUD, documented in meeting minutes and
ordinances.
The county should be consistent and continue to recognize the historical
allocation and not allow a claim for unused but allocated dwelling units within the
PUD.
2
In conclusion please consider:
The PDI for a requested reconfiguration of the preserve map and decrease in
preserves should not be approved as there should be no "excess" preserves.
The companion PL 20160000157 should not be approved as the requested
number of dwelling units is more than twice that allocated. The high density row
house type development is not compatible with the original plan and not in keeping
with the majority of the adjacent developments.
Note that there is no opposition to development according to parameters of the
original plan; a development of —104 dwelling units, which may be multifamily,
possibly with a mild or moderate increase in density, but this proposal is not that.
We have met with the developer in an attempt to work out something mutually
agreeable. They have been unwilling to consider any compromise in their proposed
density, to which they are not entitled according to allocation.
Thank you for your time,
Respectfully,
Marc Allen, 7347 Acorn Way, Naples FL
*OR 3635 PGS 1672-1699, recognized as valid and enforceable as documented in
various county meeting minutes
**Ordinances 2007-46 and 2013-37
***BCC minutes 5/22-23/2007, CCPC minutes 3/21/13
3
Good nerAngela
From: Steve Bracci <steve@braccilaw.com>
Sent: Wednesday,July 5, 2017 5:30 PM
To: KI atzkowJ eff
Cc: SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna;
rbanderson@napleslaw.com
Subject: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Attachments: 72017.07.05 Letter to Jeff Klatzkow(Wolf Creek PUD -Vanderbilt Reserve).pdf; Exhibi�
No. 2.0 Application No. 161123-9 Page 3 of 7.pdf;Vanderbilt Reserve Summary Jun: 0
2017.pdf; S mmary 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
40.
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
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.corn
July 5,2017
VIA E-MAIL jeffklatzkow@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 Vamderbilt 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"Nlederos"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.
1
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 thusdenying 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 I
developer/owner follows the proper PUD substantial change amendment process.
4
Jeffrey A. Klatzkow,County Attorney
Page
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
02
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\ .
Mederos parcel#9 highlighted above shows 115 complete dwelling units Exhibit No.2.0
and 4 partial dwelling units Application No. 161123-9
Parcel 3B located above Parcel 9 shows 96 complete dwelling units and 4 Page 3 of 7
partial units
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 1A-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,
el
OR: 3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s)fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1,Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof:Parcel 1-64 units;Parcel 7-41 units; and all other parcels in the PUD-81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a)hereof) from the owner of Parcels 7 through 9, inclusive, ("Seller")up to 92
dwelling units which have been allocated'•``. ►: -ction (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exer ' ... r- re than two transactions on or before
December 31, 2005 ("Expiration ' e purchase pn h individual dwelling unit shall be
$500.00. In the event Purchaser/glee& o exercise this option, cha shall,on or before the Expiration
Date, notify Seller of the number • ,....-o • •• ' •.. 1. Clo ' g f any such purchase of dwelling
units shall occur within 20 da of, eller's re•,-, • :tic•,from ch ser. The purchase price shall be
paid in cash,wired funds, or cas .- s c 7 an�pffice in Collier County,Florida
or such other method as may e a bl t , . ` s polejdisciction. Seller shall have the
sole discretion to determine $ •`•- R' • ling a*e-asigned. Purchaser shall pay all
costs associated with the er\of dwelling units. 's o tion' l 1 terminate on midnight of the
Expiration Date and be of no orce and effect.
(c) Contingency. In i •,I t any statute, law • ,,inn nce,resolution,rule, or regulation is
adopted and enforced by the state, ,t • : •a 12 ' �� entity (or any agency or department
thereof) that would have the effect of •n•• • 1f ,, `. e number of dwelling units that can be
constructed within the Wolf Creek PUD(in its en e ,the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33%of any such temporary allocation and Parcels 4 through 9 shall be allocated
67% of any such temporary allocation;provided, however, that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation,as described in Section 3.9.5.5.3 of the Collier County Land Development Code,as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
011: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s)of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
18. Covenants Running with Land. All of the provisions of this Agreement,including all of
the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels, without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
"immi* 19. Interpretation of I • • ttAleki cithirit�:expressly the term"owner" when
used in this Agreement shall be dee • . •r• - er and the owner's successors,assigns,
or successor in title. C
0 a
20. Integration. •s Attire .em. •iesthe\entire +,d tanding of the parties with respect
to the subject matter herein,an the - ,:a .-s1..+ all prior understandings.
21. Counterp gr- • • . ,exec - in iinumber of counterparts,each of
which shall be deemed to be : . as ._: s `o, :ture appears thereon and all of
which shall together constitute .., . d the same instrum
(-°°)
22. Recording. This i,2,4 - ent shall be recor a Public Records of Collier County,
Florida.
ft
t
{SIGNATURES BEGIN ON NEXT PAGE)
14
*** OR: 3635 PG: 1699 ***
INITIAL DENSITY ALLOCATION-WOLF CREEK PUD
Wolf Creek PUD's Initial
Residential Unit Allocation
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Vandrtdt'Oman Rand
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Total of 14769 acres and 591 Units
EXHIBIT"F"
28
May 22-23, 2007
Will Dempsey and Rick Mercer.
CHAIRMAN COLETTA: Thank you.
Mr. Pritt?
MR. PRITT: Thank you, Mr. Chairman, members of the
commission. My name is Robert Pritt. I'm here on behalf of Prime
Homes, LLC -- Prime Homes at Portofino Falls. It's owner of parcel
number five, which we would like to add to the existing Wolf Creek
PUD.
I have with me -- I think you've named all the names, but Dave
Underhill is also with us in case you need to have anybody testify as
to planning, zoning, engineering matters, and we also have.
COMMISSIONER COYLE: Abbo, who's the founder of the
company here today, as well as Larry Abbo, Linda Socolow and also
Steve Greenfield?
As has been said, Rich Yovanovich is also here. I believe that
Mr. Hoover is here also on behalf of the Catalina Land Group, owner
of the balance of the Wolf Creek PUD.
The background here is that we're requesting a rezone from rural
agricultural and planned development, planned unit development, to
residential planned unit development zoning district. And as was said,
we're just going to add 20.26 acres and are requesting 80 dwelling
units to be added to the existing Wolf Creek PUD.
This would make for a total of 167.96 acres and a total of 671
dwelling units, which may be single or multifamily dwellings, and we
also are going to amend the PUD document and the associated master
plan.
As also has been said in the introduction, the proposal is to
reduce the maximum height of multifamily structures from 42 feet and
three stories to 38 feet and two stories and to eliminate some uses.
The location of the property is on the north side of Vanderbilt
Beach Road approximately one half mile west of Collier Boulevard,
and we can show you that on the map. This map here, it's kind of hard
Page 70
May 22-23, 2007
to read, but what I wanted to point out here is that the -- let's see.
We've got Vanderbilt road -- Beach Road here and 951 there. Thank
you.
And I heavily marked -- right there in the middle is parcel
number five marked in red so that you can see what the situation is.
The heavy black line that goes all the way around the existing PUD
goes clear around -- clear around to the other side and back, carved
out this -- either carved out or left out this parcel which is right smack
dab in the middle.
And to everybody's credit, they are trying to put this together
with the existing PUD rather than create some other type of PUD or
new PUD and -- so that we can have a real unified project and project
area.
A couple things to keep in mind. And this is all in the staff
report. I know that you all have read the staff report and all the
documents, but the -- in this subdistrict there's a base density of four
dwelling units per acre. There's a limit of a maximum of 16 units per
acre under the density rating system.
And we're not asking for any density bonuses and there are no
density reductions that are applicable. So the site would be eligible
for four dwelling units per acre, and the requested density is actually
3.99. I'm not sure how it worked out that way. But we're asking for
the four units per acre essentially.
The transportation element. It's been found consistent with the
transportation element. There are contingencies concerning
concurrency and -- that are in the PUD document that has -- that was
discussed and handled at the Planning Commission hearing and -- so
that is in the PUD document that you have in front of you.
One thing that is a little bit different, and that's the affordable
housing impacts. The request had contained no provisions to address
affordable or workforce housing demands that may be created. We
went through the Planning Commission hearing process. It was
Page 71
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
I. When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. All internal roads,
driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by
the developer and Collier County shall have no responsibility for
maintenance of any such facilities.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate "fair share" payments or reimbursements from
neighboring property owners.
M. No building permits shall be issued for any of the additional 80 units
approved in the 20 acres that is being added to this PUD until such time
as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and
Livingston Road, and CR 951 between Golden Gate Boulevard and
Immokalee Road are substantially complete.
N. Within 30 days of the adoption date of this RPUD rezone, the developers
owning the property fronting Pristine Drive shall convey in fee simple to
Collier County the right-of-way necessary for the two-lane construction of
Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive
right-of-way. The anticipated width of the right-of-way is 60 feet. The turn
lanes required for each individual project shall be accommodated within
the project's boundary.
Revised 5/31/07 to reflect BCC changes 17
general configuration of which is also illustrated by Exhibit "A" and Exhibit "A-
1"
B. Areas illustrated as lakes by Exhibit "A" and Exhibit "A-1" shall be
constructed as lakes or, upon approval, parts thereof may be constructed as
shallow, intermittent wet and dry depressions for water retention purposes.
Such areas, lakes and intermittent wet and dry areas shall be in the same
general configuration and contain the same general acreage as shown by
Exhibit "A" and Exhibit "A-1". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of subdivision plat or SDP approval,
subject to the provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "A" and
Exhibit "A-1", such easements as necessary (utility, private, semi-public)
shall be established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 6-74754 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is 496188.78± acres.
The gross project density shall be a maximum of 3.99 units per acre if all 47-1-754
dwelling units are approved and constructed-. A minimum of 83 dwelling units will
be assigned to parcels 1A - 3A due to the additional acreage being added to the
PUD by the owner of those parcels. In addition, parcels 1A - 3A shall be entitled to
incorporate any other density owned by the developer of these parcels. There shall
be a maximum density of 163 dwelling units on parcels 1A- 3A.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part
of the RPUD, final plans of all required improvements shall receive approval
of the appropriate Collier County governmental agency to insure compliance
with the RPUD Master Plan, Collier County subdivision rules, and the platting
laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan and Exhibit "A-1" RPUD Master Plan
Amended, constitutes the required RPUD development plan. Subsequent to
or concurrent with RPUD approval, a subdivision plat or SDP, as applicable,
may be submitted for areas covered by the RPUD Master Plan. Any division
of the property and the development of the land shall be in compliance with
the RPUD Master Plan Exhibit "A" and Exhibit 'A-1" -and LDC.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
Words struck egh are deleted;words underlined are added.
Wolf Creek RPUD PL2012-0650 Revised 5-14-2013 Page 11 of 26
March 21,2013
Page 6. That's just a change to add a Parcel 2B.Page 7?
COMMISSIONER EBERT: I have questions.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER EBERT: There are so many different owners,and I don't know if they're all
represented here. I just want to make sure that all the owners know,and you're not trying to do something
over them on this. I see Prime Homes—or Premier. I see Buckstone. I know Stock is in there.
3B--okay. I found out. That's Prime Homes.I just want to know—
COMMISSIONER BROUGHAM: What page are you on,Diane?
CHAIRMAN STRAIN: Well,she's on Page 7.
COMMISSIONER EBERT: I was on Page 7 of 25 when they're trying to break down all the parcels.
So I was going back and forth trying to find out who owned what.
MR.ARNOLD: Well,what we were trying to do there is,in the addition language,was really to
reflect the parcels under the joint ownership for the property we're talking about today and not changing the
other. I know the ownership has changed for the others,but we didn't update the other ownership within the
PUD. We just updated what's under the unified control of the application today that we're in for the changes
on,which would be the Parcels 1A, lB,2A,2B,and 3A. And those were previously the Hoover and Catalina
Land Holdings,et cetera,and--so now we're reflecting that currently the ownership is Raffia Holdings of
Naples,LLC,and the Wolf Creek Naples Holdings,LLC.
COMMISSIONER EBERT: Okay.
MR.ARNOLD: It was really a clarification to reflect the part we're controlling and update that
ownership. We didn't feel like we needed to update parcels that weren't subject to our control,which was
kind of the theme for the changes we made,which is,let's not monkey with the rest of the PUD that we're not
impacting,so—
CHAIRMAN STRAIN: Okay. We'll move on to Page 8. Anybody have any questions on Page 8?
(No response.)
CHAIRMAN STRAIN: Page 9? Anything on 9?Wayne,can you explain why on the top of the
page you added that verbiage?
MR.ARNOLD: Yeah. At the top of the page,Mr.Strain,you asked me why we added the phrase
"along portions of the property boundary." And that's with respect to the water management system.And it
says that—it,in essence,it says there will be a permitted berm constructed along--it basically assumes it's
along the entire perimeter,and that's not in--that's not exactly true,especially now that we're combining
portions of this PUD with the development of Palermo Cove.
So there won't be a continuous perimeter berm,and I don't believe there was ever intended to be one.
It really--it's probably a misstatement of the time. I mean,there is a perimeter berm in place,but it's not a
continuous perimeter berm through,because we take inflows or water through other projects,or from other
projects.
CHAIRMAN STRAIN: Okay.
MR.ARNOLD: So it's a clarification,really.
CHAIRMAN STRAIN: Okay. Anybody else on Page 9? If not,Page 10? Anybody have issues on
Page 10?
(No response.)
CHAIRMAN STRAIN: Page 11?
MR.ARNOLD: Page 11,I don't know what other changes you may have,but we've been talking to
the County Attorney's Office in reference to Section 2.4. We had made reference to 163 units for this portion
of the PUD that was described in parcels—the Parcels IA through 3A as we've referred to them.
CHAIRMAN STRAIN: Yeah. There was some new language I saw circulated,but I don't have it in
this package.
MR.ARNOLD: We did. We sent some language—I think if you'll flip it. Yeah. The other way.
CHAIRMAN STRAIN: That must be a part of legal training,because there's some other attorney
that does that all the time,too,Heidi.
MR.ARNOLD: So this is language that Rich and Heidi worked on,and it's trying to capture that
Page 53 of 85
March 21,2013
we're modifying and bringing in properties to our PUD. We think we control those units that we're bringing
in. And then,of course,you've heard reference to another allocation agreement that was in place before this
PUD amendment was revised.
So the language here,in essence,says that we've got 83 units associated with what we're bringing in,
and then there's,you know--I can't read it from here. I'll have to come over and read it if we want to read it
into the record.
But,in essence,the language is going to say,a minimum of 83 dwelling units will be assigned to the
Parcels IA through 3A due to the additional acreage being added to the PUD by the owner of those parcels.
And,in addition,Parcels l A through 3A shall be entitled to incorporate any other density owned by the
developer of these parcels. There shall be a maximum density of 163 units on Parcels IA through 3A.
And that's really for,I guess,protection of the other owners as well to make sure that we're not
making a grab for more units than we think we're entitled to,nor are we going to put a bunch of density that
was unanticipated on the parcels that were originally part of the agreement.
So hopefully that works for everybody. I know that--I mean,obviously everything's subject to
further wordsmithing,but I think that captures what we were trying to do.
CHAIRMAN STRAIN: I was concerned earlier today that--I wanted to make sure that the
additional density was captured by those parcels so that it wasn't spread to others who may not have expected
it so--because that would be a change in intensity. And I think you've kept it that way,so that's good.
Anybody else have any comments,questions? If not,let's go to Page 12.
Now,this is an amendment to an existing PUD,so some of the language that we tried to correct in
the Palermo can't necessarily apply to this because of the way—this product's already started.You've already
got plats done and SDPs done and quite a bit.
MR.ARNOLD: But I do think under Section 3.4(aX4),which is,again,the reference to the
gatehouse,guardhouse,architectural features,et cetera--
CHAIRMAN STRAIN: That's all new.
MR.ARNOLD: --that's new language that we added for Parcels lA through 3A,and I think it's
probably wise that we put in the same development standards that we talked about in Palermo Cove just for
consistency purposes.
CHAIRMAN STRAIN: It's new language;I would agree.
MR.ARNOLD: Okay.
CHAIRMAN STRAIN: Anybody else? That's on Page 13.
On Page 3--I mean,on Item 3 of that,you have carports shall be permitted within parking areas,and
garages shall be permitted at the edge of vehicular pavements.
With the setbacks and all the other standards for those carports and garages,I would assume,then,
that the accessory-structure language on the tables that follow apply to those carports or garages;is that a
correct assumption?
MR.ARNOLD: I think so. That was language that currently exists,Mr.Strain. It wasn't new
language we added if—ifs A3 that you're reading?
CHAIRMAN STRAIN: Yeah. I was just curious,because we—that's the same kind of question that
started our discussion on 4. But I think staff on that one—because carports would have to be accessory to
units,that would be more or less your accessory standards that you would be looking at.
I guess it could have been written better to begin with.
COMMISSIONER VONIER: Didn't those come from the multifamily units? That's where you'd
normally have a carport.
CHAIRMAN STRAIN: Well,it's not restricted to them,but I mean,I would—
COMMISSIONER VONIER: But this is a single-family dwelling project now,so it probably
doesn't make any difference. Carports aren't germane,I wouldn't think.
CHAIRMAN STRAIN: But this applies to the entire Wolf Creek PUD.
COMMISSIONER VONIER: Oh,yeah;that's right.Okay,yeah. Everybody else,yeah.
CHAIRMAN STRAIN: Okay. On page 14,anybody have any issues? That's the existing language.
And on Page 15 is the new language. And we have some corrections from the other document that need to be
Page 54 of 85
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Standards, current edition, and the Manual on Uniform Traffic Control
Devices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all development points of
ingress and egress from any County collector or arterial roadway. Said
lighting shall be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
C. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC.
E. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time
of approval of this RPUD which is found to be adverse to the health, safety,
and welfare of the public. Any such modifications shall be based on, but are
not limited to: safety, operational circulation, and roadway capacity.
F. Interconnections shall be required by Collier County staff as a condition of
SDP approval.
G. The developer shall be responsible for its proportional share of the cost of a
traffic signal system, or other traffic control device, sign, or pavement
marking at any development entrance onto the County's collector/arterial
roadway network, including both ends of the loop road, should a traffic signal
be warranted. If warranted, upon the completion of the installation,
inspection, burn-in period, and final approval/acceptance of said traffic signal
it shall be turned over (for ownership) to Collier County, and will then be
operated and maintained by the Collier County Transportation Department.
H. Access points, including both driveways and proposed streets, shown on the
RPUD Master Plan Exhibit A and Exhibit A-1, shall be considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property frontage. All such access
issues shall be approved or denied during the review of required subsequent
site plan or final plat submissions. All such access points shall be consistent
with the Collier County Access Management Policy (Resolution No. 01-247),
Words straekc-through are deleted;words underlined are added.
Wolf Creek RPUD PL2012-0650 Revised 5-14-2013 Page 23 of 26
OR: 3635 PG: 1696
Black Bearltidge-Phase I Budget
Off-fete Improvements
Item-North-South Outer Loop Road Quantity Unit Price Total
1 Clearing and Grubbing 2 AC 53,500.00 $7,000.00
2 Sit Fence 2,800 LF 51.50 $4,200.00
3 Fit 8,500 CY 59.00 576,500.00
4 Final Grade 1 1S $6,500.00 56,500.00
5 Valley Gutter 2700 LF 55.50 514,850.00
6 8"Limerock Base(compacted and primed) 4,800 SY S7.50 336,000.00
7 12'Stabilized Subgrade 5,750 SY S2.25 512,937.50
8 3"Asphalt 4,800 SY 38.50 540,800.00
9 Signing&pavement markings 1 LS 56,500.00 $6,500.00 •
10 Sodding 5,800 SY 51.50 58,700.00
11 5 Wide Concrete Sidewalk 1,500 SY 516.50 524,750.00
12 4"Lunerock(under sidewalk) 1,500 SY S4.50 56,750.00
13 Maintenance of Traffic 1 LS 52,500.00 52,500.00
Sob-total gONSitlitt,WM 5247987,50
Vanderbilt Beach Road Intersection
Improvements nanny Unit Prim Total
1 Tum Lanes Complete(WB Rt.ES Lt) ''LS..,,,,540,000.00 580,000.00
2 Signalation R .34.iQ000.00 5130,000.00
3 Side Drain Drainage(4 DB1,DBL run 361V I- -- Y VA:,000,00 535,000.00
4 Lighting /(��,1 I 4Y' XBRO0'.+$,_ S25.000.00
0 Sab-total °'";, ,..m: _ r , S270,00040
Item-North-Son th Outer I/nop R d
Sanitary Sewer J Quay. UonUP Total
1 8'PVC Force Main(C•900 Class 200)/ ,, $28,000.00
2 8'Plug Valve tel Box 1 7r 52,760.00
Hot 3 HTap Future 16'Force Mab on Vt'}( d I i $5,500.00
i ^�tift\'''.5` '.a''r 60.00
L:'€, f 4
I
Item-North-South Outei\Lo,, I''t, ,.,, j
Water Main ts . Quantity \Unitrrke -.:Sbpl
Na Tap Existing 30"Reinf Canrtt4aa}Main
1 (or ale-jPo and try new prop 24"O nl.d -s I LS S3 ,000.00
2 12'PVC Water Main(CL 200) ‘' L400 y.F :'ta3
, 5,700.00
3 12"Gate Valve wlbox 2 EA ,000.00
4 Fre Hydrant(Complete Assembly) ® 2 EA + ,,. $4,800.00
5 Permanent Bacterial Sample Point T7-.. ( k ,,-,,.00 $1,000.00
E6 Temporary Bacterial Sample Point Cl. .✓ ',,.00 5900.00
7 Air Release Valve 51,550.00 53,100.00
Sob-Total 3 riaing585,500.00
Item-North-South Outer Loop Road-
Draiaage Quantity Unit Price Total
1 Control Structure 1 EA 54,000.00 54,000.00
2 15"RCP 100 LF 523.00 52,300.00
3 18'RCP 350 LF 525.00 58,750.00
4 24"RCP 1,200 LF 534.00 540,800.00
5 Valley Gutter Throat Inlet 6 EA 52,000.00 512,000.00
6 Grate Inlet 4 EA 51,700.00 56,800.00
7 Sanction Box 8 EA 51,850.00 514,800.00
8 IS'Flared End Section I EA 5900.00 5900.00
Sob-Total '':. y" i 590,350.00
OtKSiteTotals 4ek. ,.. 9 $728,097.50
5/14/2004
EXHIBIT"D"-Page 2 of 3
25
OR: 3635 PG: 1697
Black Bear Ridge-Phase I Budget
Assumptions
Construction stake out excluded.
Permit fees excluded.
Impact fees excluded.
Engineering fees excluded.
Testing services excluded.
Street lighting excluded(except VBR intersection).
Conservation Area
No mitigation,or replanting costs included(clearing only).
Sewer •
Sewer profile has been adjusted to include co
service for the potential lots on the Comcasf air vJ�T
Drainage //1/4.,)
Water
Will provide water service stubs ior 221
'
Earthwork and Clearing I �-+
•� `xf
Fill from lakes is limited to only 1 \Irkeavation depth below existing:a. . D. commendation.
An average of 1.6 ft of fill over the developed site, R3' /
Rock excavation,rock crushing and)ftatt)3(844 is,incidental to the lake exca
Paving \ ,, �
Sidewalk cost included in initial infrastructure.\ �o V-IL—
OfMite
Inner loop road to be built by others,including turn lanes to serve site(no costs assumed).
Vanderbilt Beach Rd 6 lane improvements in place(I.e.force main).
Vanderbilt Beach Rd temporary turn lanes not required(I.e.payment to county to build improvements
to support project and to built as part of 6 lane improvements).
z--
/6%
EXHIBIT"D"-Page 3 of 3
26
CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS (INFRASTRUCTURE)
•
THIS AGREEMENT entered into this 3o�' day of August, 2005 by Buckstone Estates,
LLC, a Florida limited liability company (hereinafter "Developer"), THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"),
and Orion Bank, a Florida banking corporation(hereinafter"Lender").
RECITALS ORIGINAL
A. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as: Black Bear Ridge.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Q.
Grady Minor & Associates, P.A., a copy of which is attached hereto and incorporated herein as
Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those
described in the Estimate.
C. Sections 10.02.05 and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code require the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated June
2, 2005 (the"Construction Loan")to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is
required to guarantee pursuant to this Agreement is THREE MILLION FIFTY-SEVEN
THOUSAND NINE HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50), and this amount
represents 110% of the Developer's engineer's estimate of the construction costs for the
Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage, and like facilities, the
Required Improvements, to be constructed pursuant to specifications that have been approved by
the Development Services Director within 12 months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Lender to hold THREE MILLION FIFTY-SEVEN
THOUSAND NINE HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50) from the
Construction Loan, in escrow, pursuant to the terms of this Agreement. The 6.4cracit Orion Bank
account number for this account is 8500006690. 4r
3. Lender agrees to hold in escrow THREE MILLION FIFTY-SEVEN
ss(tkt os'
THOUSAND NINE HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50) from the
Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that
this Agreement shall not constitute a draw against the Construction Loan fund, but that only such
funds as are actually disbursed, whether pursuant to this Agreement or a provision of the
Construction Loan,shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the Development Services Director who shall approve the release of the funds on deposit not
more than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(10%); and further, that upon completion of the work, the Development Services Director shall
approve the release of any remainder of escrowed funds except to the extent of$305,790.65
which shall remain in escrow as a Developer guaranty of maintenance of the Required
Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Lender agrees to pay to the County immediately upon demand the balance
of the funds held in escrow by the Lender, as of the date of the demand, provided that upon
payment of such balance to the County, the County will have executed and delivered to the
Lender in exchange for such funds a statement to be signed by the Development Services
Director to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and,
(d) The County will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Lender for release of the
specified funds to the Developer. Payment by the Lender to the Developer of the amounts
specified in a letter of authorization by the County to the Lender shall constitute a release by the
County and Developer of the Lender for the funds disbursed in accordance with the letter of
authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance
with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall,within sixty(60)days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Required Improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its option complete
the Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision; provided,
that the Lender does not release any monies to the Developer or to any other person except as
stated in this Escrow Agreement to include closing the account or disbursing any funds from the
account without first requesting and received written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year maintenance
period by the Developer and upon submission of a written request for inspection, the
Development Services Director shall inspect the Required Improvements and, if found to be still
in compliance with the Code as reflected by final approval by the Board, the Lender's
responsibility to the Board under this Agreement is terminated. The Developer's responsibility
for maintenance of the Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the Lender.
(Remainder of Page Intentionally Left Blank-Signatures Begin on Next Page)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized-representatives this so" day of July-, 2005.
/944-ivs
w4
DEVELOPER:
BUCKSTONE ESTATES,LLC,
a Florida limited liability company
0 By: Catalina Land Group,
(P r41= TC??, Y .5-7M a Florida corporation,
its Manager
(Print Name: :t'ti-lb r,. _t ) By:
2,.. c.V. ‘e."--e----..,,,,,,
WI ham L. Hoover, President
LENDER:
Orion Bank,
a Florida banking corporation
1/a i W11Atti' 6A.-.--- By: .
Pitt MO"
� Name: �t4r�2r X K 131 -LLe-re
(Print Name:
Brandy A. Rnsehi�e Title: S aE"✓siiOtC P'c E Pli'eest be'�vp .
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA
t2 IGs' .
, .. E}CK,Clerk...,c7:„,i, 1
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u Cteil g t4
Chairman
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pproved•as,torferni and legal sufficiency:
\a_
Assistant County A ey
JErJki i -,1 . A. l�.. eD i
S.'repPLUrP FoWnru baar86ck Bea//Clap s.bd.me v MAI.CogNuoo, Aay.m.me NM E,.o 1or SuMnirioi IrrorMmn,.mr.
Black Bear Ridge-Phase I Budget
Off-site Improvements (PRISTINE DRIVE)
%PROGRESS BUDGET
Site Work uanti Unit Price Total AS OF 9-15-06 CONSUMED
1 Clearing and Grubbing 2 AC $3,500.00 $7,000.00 100% $7,000.00
2 Silt Fence 2,800 LF $1.50 $4,200.00 100% $4,200.00
3 Fill 8,500 CY $9.00 $76,500.00 100% $76,500.00
4 Final Grade 1 LS $6,500.00 $6,500.00 100% $6,500.00
5 Valley Gutter 2,700 IF $5.50 $14,850.00 100% $14,850.00
6 8"Limerock Base(compacted and primed) 4,800 SY $7.50 $36,000.00 100% $36,000.00
7 12"Stabilized Subgrade 5,750 SY $2.25 S12,937.50 100% $12,937.50
8 3"Asphalt 4,800 SY $8.50 $40,800.00 60% $24,480.00
9 Signing&pavement markings 1 IS $6,500.00 $6,500.00 0% $0.00
10 Sodding 5,800 SY $1.50 $8,700.00 0% $0.00
11 5'Wide Concrete Sidewalk 1,500 SY $16.50 $24,750.00 0% $0.00
12 4"Limerock(under sidewalk) 1,500 SY $4.50 $6,750.00 0% $0.00
13 Maintenance of Traffic 1 LS $2,500.00 $2,500.00 100% $2,500.00
Sub-total $247,987.50
Vanderbilt Beach Road Intersection
Improvements I uanti Unit Price Total
1 Turn Lanes Complete(WB RI,EB U) 2 LS $40,000.00 580,000.00 0% $0.00
2 Signalization 1 LS $130,000.00 $130,000.00 0% $0.00
3 Side Drain Drainage(4 DBI,DBL run 36") I LS $35,000.00 $35,000.00 100% $35,000.00
4 Lighting 1 LS $25,000.00 $25,000.00 0% $0.00
Sub-total $270,000.00
Sanitary Sewer Quantity Unit Price Total
•
1 8"PVC Force Main(C-900 Class 200) 1,400 LF $20.00 528,000.00 100% $28,000.00
2 8"Plug Valve w/Box 2 EA $1,380.00 $2,760.00 100% $2,760.00
3 Hot Tap Future 16"Force Main on VBR 1 LS $5,500.00 $5,500.00 100% $5,500.00
Sub-total .. $36,260.00
Water Main Quantity Unit Price Total
Hot Tap Existing 30"Reinf Cone Water Main
1 . (or alt=jib and tap new prop 24"wm) 1 LS $35,000.00 $35,000.00 100% $35,000.00
2 12"PVC Water Main(CL 200) 1,400 LF $25.50 $35,700.00 100% $35,700.00
3 12"Gate Valve w/Box 2 EA $1,500.00 $3,000.00 100% $3,000.00
4 Fire Hydrant(Complete Assembly) 2 EA $2,400.00 $4,800.00 100% $4,800.00
5 Permanent Bacterial Sample Point 1 EA $1,000.00 $1,000.00 100% $1,000.00
6 Temporary Bacterial Sample Point 1 EA $900.00 $900.00 100% $900.00
7 Air Release Valve 2 EA $1,550.00 $3,100.00 100% $3,100.00
Sub-Total $83,500.00
Drainage I uanti Unit Price Total
1 Control Structure I EA $4,000.00 $4,000.00 100% $4,000.00
2 15"RCP 100 IF $23.00 $2,300.00 100% $2,300.00
3 18"RCP 350 IF $25.00 $8,750.00 100% $8,750.00
4 24"RCP 1,200 LF $34.00 $40,800.00 100% $40,800.00
5 Valley Gutter Throat Inlet 6 EA $2,000.00 $12,000.00 100% $12,000.00
6 Grate Inlet 4 EA $1,700.00 $6,800.00 100% $6,800.00
7 Junction Box 8 EA $1,850.00 $14,800.00 100% $14,800.00
8 15"Flared End Section 1 EA $900.00 $900.00 100% $900.00
Sub-Total . $90,350.00
Off-SiteTotals $728,097.50 59% $430,077.50
9/15/2006
GoodnerAngela
From: R. Bruce Anderson <rbanderson@napleslaw.com>
Sent: Friday,July 7, 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
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
CHEFFFY PASSIDOMO Cheffy Passidomo, P.A.
N7zt,R;.FI., 821 5th Avenue South
Naples, FL 34102
1
(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
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
GoodnerAngela
From: Steve Bracci <steve@braccilaw.com>
Sent: Friday,July 7, 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
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 ;
1
KlatzkowJeff; nickcasalanguida@colliergov.net; michaelbosi@colliergov.net
Cc:Steve Bracci; Richard Yovanovich (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 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
CHEFFY PASSIDOMO Cheffy Passidomo, P.A.
TTURRIY#h7 CAW 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
2
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 Jeffand others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
Steve Bracci
4,0
•
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
GoodnerAngela
From: Richard Yovanovich <ryovanovich@cyklawfirm.com>
Sent: Friday,July 7, 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: 1�3,Stock pf Buckstone Estates Purchase &Sale Agreement.pdf;Assignment of Construction
Documents & Permits.pdf; Cost Sharing Agreement for the Development of Shared
Access Road (OR 363....pdf 40
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.
1
Richard D.Yovanovich Esq.
Coleman Yovanovich& Koester, P.A. COLEMAN
4001 Tamiami Trail North,Suite 300 Naples, YOVAN C
Florida 34103 KC)E !
435-3535(239)
ER
(239)435-1218(f)
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.
2
Sincerely, Bruce Anderson
R. Bruce Anderson
Attorney at Law
CHEFFY PASSIDOMO Cheffy Passidomo, P.A.
k77u r4€1S „ i-tW 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,
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
..*r
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
3
11111)
..,r Exhibit "B"
' 4
• l ' lr t
� i � •
1- 1.PARTIES AND PROPERTY: 5113C .-"DZAcGioptvlrieI-yLLC ar Eleni k 41N414TGt' t�iliCh a►-Y ("Buyer)
2• agrees to buy and buckston■ =statae, LLC, • Florida limited liability company ("Seller")
3. agrees to sell the property described as;Street Address: sae attached legal description
4'
5' Legal Description: es* Attached Loy41 Description
6
let anggible
7' and the following Pemeraet Property:Se. Addendum
s'
e (all colieclively referred to as the"Property')on the terms and conditions Set forth below.
is 2.PURCHASE PRICE: $ 315-ZS; Ocso
a` >
(a)Deposit held in escrow by Conroy, Conroy a Duract $ 3 h `� .
12 ("Escrow Agent', pwekJwwean=Iaur+nd6,gporaCGon) (1UZ w'7in Z business
days of Effective Date)
i3• EScrow Agent's address: 2110 vaadarbilt Beach lease Phone: 21,.44 ,5200
„ ( to-tmrnedeterEscrowsSgene.,kYen ---de tet"ENeetxtrDote $ n/a
id' (e3'AddilioA2Wtepos+ 'iiladia erow:AgOat.Witbi3 ddysrifles liactA iDet'a $ nie
18. {d..T.rfal f n av-iro Parg0raph 541, $ nit!
,r (a)Other n/a $ n/�
is (BA!!deposits will be credited to the purchase price at cbsing.Belem*to close,subject0 w ,r
is. to adjustments and prorations,to be paid with locally drawn cashier's or official bank $ 3 l
20 Check{s)or wire transfer.
21 3.TIME FOR ACCEPTANCE;EFFECTIVE DATE;COMPUTATION Of TIME: Unless this offer is signed by Seiler and Buyer
22'end an executed copy delivered to all parties on or before ao may ,this offer will be withdrawn and the
23 Buyer's deposit,If any,will be returned.The time for acceptance of any courtier offer will be 3 days from the date th2 counter
2e otter is delivered.The"Effective Date"of this Contract is the date on which the last one.of the Seiler and Buyer has signed and
25 or inttialed and delivered this offer or the finel counter offer.Calendar days vrll be used when computing time periods,excepil beri
as time periods of 5 days or less.Time periods of 5 days or less will be computed without including Saturday,Sunday,or national (see
ik
27 legal holidays.Any time period ending on a Saturday,Sunday,or national legal holiday will extend until 5:00 p.m.of the next et3,dva
26 business day,Time is of the essence in this Contract.
as 4.CLOSING DATE AND LOCATION; within 30 days after the
expfratLna of the Due V
x• (a)Closing Date: This transaction will be dosed oe...,Di13 siaj reriod (Closing Date),unless specifically
31 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 DIllgonoe 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.
3A (b)Location:Closing wil take place In oollsar County,Florida,(if left blank,
as cbs)ng wtl take place In the county where the Property is located_)Closing may be conducted by mail or electronic means.
30'Buyer CIMI t )end Seller( 1(��edsnowiedge receipt of a copy of this page,which is Page 1 of 7 Pages. Egfir
CO-3 Rev,10109 0 2C09
IL*
Association of Jimmie Al Rights Reserved ���
TAi• .mitres licensed to IJw
. Conroy - Talon Kanapaaaat a *salty, LLC1 Y •trialaatian4aak.aaa.
37 5.THIRD PARTY FBIANCiNfG I/A
•S •: t lION: tri .. . (6&wag .. . I after Effective a-- - - veil apply • third party ' • i an
sr not •exceed %of price• with a fixed iit rate not to ex•:: %
per year• • en Mai variable - : rate not to --• %,with poi • commitment . •- fees not to- .::• %
41'of the• ' ••< amount,for a :• of • amortized over - ,with:•.. ••.: terms es blown:
42.
• : will timely provide and at• .. ant,linandiei and • . informatbn required by • lender.B •
r• 3 use good faith an. • •• • • •-• t0()obtain t een •• • '5 days if left • .. • . Effective r
rs Men Approved •.: 60 satisfy term: . ..conditions of the Loan • •• • I,and 04 the loan.Buyer keep Seller:. .
re Broker lolly ..• • .>•about loan •' .. status and • • •• • : mortgage tx• and lender to•,•,--..:ail such I • • ion-
a to Senor and-.• - .Buyer • Seiler invnediately •• obtaining • - . - being rejected by. lender.
m CANC= •'1 if Buyer, .. using good faith end :. -••= dilgenoe,fele •obtain Loan •• • - by Loan -•• • Date,
45- Buyer •- within - . (3 days V left blank) .: notice to= ' staling Buyer : .•- waives this(I • •
so con r.' or - • is Contract If Buyer dose ,then Seller • •• : this • . • delivering w notice
51 to " - at arty• - - - Unless this errand • contingency has•- welved,thls Con. - stud remain au. to the
52 •. isfactlort,by•• ng,of those Conditions of • Approval related to a Property.
• DEPOSIT(S)v• purposes of Paragraph 6 . •• V Buyer has used •••faith and re: •- diligence but•• not obtain •:
sin Approval. •. Approval Date end . :• : atter party elects .• this • ,• _ sat forth above • the lender . or •
ss refuges close on or before the Closing• . without fault on s port,the•-.• „. shal be -. Boyer,who
1
55 both •• r: vele be tileesed tern al obligationus nder Contract,axoept • obligations stated -rein as. •the
sr • of this Contract If -•• - • elects to ., ; '_ Contract ea-: • . above or Buyer : to use..• faith or
se .: dtlgence as set font••. • Santer WI be-- •to retain the a •• - If the transaction •-.:not dose.
sr 6.TITLE: Beller has the legal capeoty to and wit convey marketable tibe to the Property by ta statutory warranty deed
5v t]other ,free of liana,easements and encumbrances of record or known to Beller,
51 but subject to property woes for the year of dosing;covenants,restrictions and public telly easements of record;existing zoning
ar and governmental regulations;and(flet any other matters to which title will be subject)
es•
64' •
es provided there exists at dosing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as
a9'
•
sr (a)Evidence of Title:The party who pays the premium for the title insurance policy WI select the closing agent and pay for ��
ea the title search and closingservices.Seller wi,at(check one) St Seller's O Buyer's expense and v fhi 7 days O after
as Effective Date O or at least days before Closing Date deliver to Buyer(check one)
m fit 0.)a title insurance commitment by a Florida licensed title insurer and,upon Buyer recording the deed,en owner's policy
71 In the amount of the purchase price for fee simple title subject only to exceptions stated above.If Buyer b paying for the
12 evidence of title and Seller has an owner's polcy,Seller will deliver a copy to Buyer within 15 days after Effic a Date.
rr 0(d.)an abstract of title,prepared or brought current by an existing abstract firm or certified as correct by en existing fem.
ri However,if such an abstract is not available to Seller,then a prior owner's title policy acceptable to the proposed insurer es
is a base for rmiasuance of coverage may be used.The prior policy veil include copies of as policy exceptions and an update
rs in a famed acceptable to Buyer from die poky effective date and certified to Buyer or Buyer's dosing agent together with
rh copies of ail documents recited in the prior policy and in the update.If such an abstract or prior policy is not available to
is seller then(.)above will be the evidence of title. -
7a (b)This Examination:Buyer wit.within 15 days from receipt of the evidence of tee deliver written notice to Beller of title
eo defects.Title win be deemed aaxptal to Buyer ff(1)Buyer falls to deem proper notice of defects or(2)Buyer delivers proper
81- written notice and Seller cures the defects within is days from receipt of the notice rCtxstive Period".If the defects are
62 cured within the Curative Period,closing WI occur within 10 days from receipt by Buyer of notice of such curing.Saar may
ao elect not to cure defects if Seller reasonably believes any defect cannot be cited within the Curative Period.V the defects are
54 • not cured within the Curative Period,Buyer wI have 10 days from receipt of notice of 5rflsrs habflty to cure the defects to
as elect whether to terminate this Contract or accept title subject to exiting defects and close the transection without reduction in
as purchase price.
sr (a)Survey:(check applicable prnvi ions below)
ea iii Beller wW,within 7 days from Effective Date,delver to Buyer copies of prier surveys,plans,specifications.and of
sr engineering documents,if any,end the following document's relevant to thins transaction:
sr .prepared for Shier or In Saaar,a
SI' Buyer( )( l end Sefier( )L..!adtrhdw edge receipt a e copy d this page,which is Page 2 of 7 Pages.
co.--3 nal.1005 0 2009 Roride Aelockdon or F164.70RIP Al Notts Rraavad
This software is ltssass5 is (J. Coaeer - Taloa irsaaaaaot i Laity. 14,74 wow.tean•aatisosaat.sew.
•
possession,which stow ell curt.Mty edseng structures.In the event the transaction does not dose.dl documents provided
by Seiler we be retuned to Seller within 10 days from the date this Contract is terminated.
ar ge Buyer w[d,at 0 Sales 61 Buyer's expense and within the tens period slowed to deliver and examine title evidence.
sa obtain a Conant certified survey of the Property from a registered surveyor.I the survey reveals encroachments on the
s Properly or that the Improvements encroach on the lards of another, 14 Buyer wit accept the Property with existing
or encroadiments 0 such encroachments we constitute a title defect to be cured within the Curative Period.
re (4 ingress end Eprssa Sailer warrents that the Property presently has fngneas and egress.
os 7.PROPERTY CONDfl1Oirk Saler we delver the Property to Buyer at the tone agreed in Ia present"as Is"conditon,ordinary
ire wear and tear excepted,end wil maintain the landscaping and grounds in a comparable condition.Setter makes no warranties
,ei other than merketabitty of title.By accepting the Property'es is;Buyer wakes al darns against Setter for any detects in the
tae Pricey.(ChB(a)or(be
• i or R W As lar Buyer has inspected the Property or waives any right to tripod ;the Property in its'as is"condition.
104' til(b)Due Diligence Period Buyer we,at Buyers expense and within •days from Effective Date eDue Diligence
,os Period'),determine whether the Property is suitable,in Buyer's sole and absolute discretion,for Buyers Intended tee and
its development of the Properly as specified In Paragraph S.During the Due Diligence Period,Buyer may conduct any tests,
for a nayaes,surveys and kwestigations(Inspections")which Buyer deems necessary to determine to Buyer's satisfaction the
tae Property's engineering,architectural,environmental properties;zoning and zoning restrictions;flood zone designation and
,m restrictions;subd rision regulations;sot and grade;aveieblty d access to pudic made,water.and other ullties;consistency
110 with locei,state and regional growth rr rn gement end comprehensive land use plans;ave ebilty of permits,government
,11 approvals and licenses;compliance with American with Disables!Act absence of asbeetoe,sol and ground water
112 contamination;end other Inspections that Buyer deems appropriate to determine the st Babilty of the Property for Buyer's
113 intended use end development.Buyer we deliver written notice to Seiler prior to the expiration of the Due Diigencce Period
114 of Buyer's determination of whether or not the Property is acceptable.Buyer's failure to comply with this notice requirement
1,s will constitute acceptance of the Property in its present"se ire condition.Seller gents to Buyer,its agents,contractors and
ne assigns,the right to enter the Property at any time dtxttg the Due Dligenc a Period for the purpose of conducting Inspections;
117 provided,however,thatBuyer,its agents,contractors and assigns enter the Property and conduct inspections at their own
Ira risk.Buyer will indemnify and hold Seller harmless from bases,damages,costs,claims and expenses of any nature,including
to attorneys'tees as at levels,and from laity to any person,arising from the conduct of any and all inspections or any work
12e authorized by Buyer.Buyer MI not engage in any activity that could result in a mechanic's lien being flied against the Property
121 without Seller's prior written consent.in the event this transaction does mat dose,(1)Buyer wit repair at damages to the
in Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the inspections,and
in (2)Buyer we,et Buyer's er enee,release to Seller ell reports and other work generated as a result of the inspections.Should
124 Buyer deliver tenet/notice that the Property Is not acceptable,Smear agrees that Buyers deposit we be immediately returned
12s to Buyer and the Contract terminated.
128 (c)Walk-through inspection:Buyer may,on the day prior to dosing or arty other time mutually agreeable to the parties,
tt7 conduct a find'wale htoUgh'inspection of the Properly to determine morphine*with this paragraph and to ensure that at
125 Property is on the premises.
12o
&OPERATION Of PROPERTY DURING CONTRACT PERIOD: Seller we continue to operate tine Property and arty business
i xi conducted on the Property in the manner operated prior to Contract and WI take no action that would adversely Impact the
it, Property,tenants,lenders or business,If any.My changes,such as matlegseceet.apetasethat materially effect the Property or
1 sr Buyer's Intended use of the Property wai be permitted tit only with Buyer's consent 0 without Buyer's consent.
*Seller contracting to Bell a Letts)
i3 9.CLOSING PROCEDURE:
134 (a)Possession and Occupancy:Seller wil delver possession and occupancy of the Properly to Buyer at dosing.Seiler wil
135 provide keys,remote Controls,and any security/access codes necessary to operate all locks,malboxes,and security systems.
138 (b)Casts:Buyer we pay buyer's attorneys'fees,texas end recording fees on notes,mortgages and financing statements and
17 recording fees for the deed:teller we pay eater's attameys'tees.Jamisen.threelemeand recording fees for documents needed
136 to cure title defects.If getter is obligated to diecherge any encumbrance at or prior to closing and tails to do so,Buyer may use V
lee purchase proceeds to satisfy the encumbrances.
!heel.tomes our need.
,no (q Documents:Seller wM provide the dead;bit of aria mecha ic's ion Admit;originals of those assignable service and
tat maintenance contracts that wit be assumed by Buyer after the Closing Date and letters to each service contractor from seller
142*Buyer AS3 U and S.Nw{ l U adoiowledge weld d e eery of tie pegs,which Is Page 3 01 7 Pages.
CC-3 Ray.tons 0 2009 Saida Maooblian or Rirwow' At iipea rrasomod VICO
Thi,wet warn 5.s ifasaaat to IJ. Ccs - sales aswtaat s**ally. Lid wr.traaaaatlaada.k..aR.
1a advising each of them of the sale of thia•Property and,if sppacable,the transfer of Its contrrct,and any assignable warranties or
144 guarantees received or held by Seller from any manufacturer,oortractor,mor,or material supplier In connection with
145 the Property;current copies of the condominium documents,if eppkable;aasignrrents of leases,updated rent roll;tenant and
1.s lender estoppel letters;assignments of permits end kenos;corrective Instruments;and letters notifying tenants of the change
147 in ownership/rantal agent.if any tenant refuses to execute an estoppel letter,Seller will certify that Information regarding the
het tenant's lease Is correct.if Seller is a corporation,Saler t+vll delver a resotitlon of its Board of Directors authorizing the sale
1.a and delivery of thedeed and rarefication by the corporate Secretary certifying the resolution and setting forth facts showing the
Iso corweyance conforms 10 the requirements of local law.Seller WI transfer security deposits to Buyer.Buyer will provide the
isi closing statement,mortgages and notes,security agreements,end liendng statements.
162 {d)Taxes and Proration=Reel estates taxes,personal property taxes on any tangible personal property.bond payments
159 assumed by Buyer,interest,rents,association dues.Insurance permits:is acceptable to Buyer,and operating expenses wit be
1s4 prorated through the day before dosing.If the amount of taxes for the currant year cannot be ascertained,rates for the previous
tss year wS be used with due allowance being made for improvements and exemptions.Any tax proration based on an estivate
156 will,at request of either party,be readjusted upon receipt of current year's tax bill;this provision will auvive dosing.
1st (e)S • Liens:Certi4.. confirmed,and : .-•special liens ., .• the Closing we be p. .
is by .If a•• -• confirmed,or . .•special Is payable Insta intents, will pay •
to an on' before the .'.. . r.: e,with any . . for any extending • - • • the C Date• . .
neo Buyer I 81• . that become• and payable thaC losing a e.Buyer will ...• - •.- • all
tat aces - • of any kind*which• .• • due and• •after Closing le,unless an' • . _ is betant eily • : • as
fez of CI. • •, .It en • • =, is • plated as of Closing'- . has not ed in a len•- • : closing,
lea Seller 1 pay the amount• -last estimate• the assessment.
lei (f)Foreign Investment In Real Property Tax Act(FIRPTA)C If Seller Is a'foreign person'as defined by FIIiFTA,Seller and
125 Buyer agree to comply with Sections 1445 of the Internal Revenue Code.Saler and Buyer wit!complete,execute,and deliver
In es demoted any instrument,Wave,or statement reaeonebly necessary to comply with the FIRP'TA requirements,including
ler delivery of their respective federal taxpayer identification numbers or Social Security Numbers to the dosing agent.If Buyer
lee does not pay sufficient cash at dosing to meet the withholding requirement,Seller wit delver to Buyer at dosing the additional
les cash necessary to satisfy the requirement.
fro 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 tame of this Contract The parties agree that Agent
172 will not be aerie to any parson for misdetvery of escrowed kernel*Seiler or Buyer,unless the misdelivery is due to Agent's wilful
173 breach of this Contract or gross negligence.If Agent has doubt as to Agent's duties or oblgatIons under this Contract.Agent may,
174 at Agent's option,(a)hold the=Owed items until the parties mutually agree to Its disbursement or untl a coat of competent
in jurisdiction or arbitrator determines the tights of the parties or(b)deposit the escrowed items with the dart of the court having
ire jurisdiction over the matter and file an action in interpleader.Upon notifying the parties of such action.Agent WI be released from
1n el labllty except for the duly to account for Portes previously deiversd out of escrow.If Agent is a ioensed reel estate broker.
ire Agent will comply with Chapter 475,Florida Statutes.In any suit in wfttch Agent interpleads the escrowed items or is made a party
ire because of acting as Agent hereunder,Agent wit recover reasonable attorney's fees end costs Incurred,with these moults to be
t eo paid from and out of the escrowed items end charged and awarded as court costs In favor of the prevaeng party.
let 11.CURE PERIOD: Prior to any claim for default being made,a party we have an opportunity to cure any alleged default.If
In a party fails to comply with any provision of this Contract,the other party wB delver written notice to the nen-complying party 7/
leer specifying the non-compliance.The non-complying party will have s days(5 days if left blank)after delivery of such notice to `
tm cure the non-compliance.
lea 12.RETURN OF DEPOSIT: Unites otherwise specified in the Contract,In the event any condition of the Contact Is not met
1m and Buyer has timely given arty required notice regarding the condition having not been mel,Buyer's deposit will be returned in
lar accordance with,sppikeble Florida laws and regulations.
ler 13.DEFAULT
les (a)In the event the sale is not closed due to any default or failure on the pert of Seller other than fdure to make the title
10o
markeeabie after diligent effort,Buyer may either(1)receive a rettrtd of Buyer's deposit(s)or(2)seek specific performance.If
191 Buyer elects a deposit refund,Seller wit be liable to Stoker for the full amount of the brokerage fee.
se (b)In the event the sale is not dosed due to any default or talk,*on the pert of Buyer,Seller may ether(1)retain ah deposals)
193 paid or agreed to be paid by Buyer as agreed upon liquidated damages,consideration for the execution of this Contract,and
154'Buyer Stitt( )and Soifer U t.}adetoxleige receipt of a copy culls pope,which Is Page 4 of 7 Pages.
CC-3 Rev.iota O 200e Rodds Awooieon of Ase.ioas AS Eights Assayed
Oda software ss ale.o..a to lJ. room - Was tl.ry.r..st 4 l.aLy. Lift .u..sr es,atL.+ia..h..as.
los in furl settlement of any deigns,upon which this Contract will terminate or(2)seek specific performance.If Seiler retains the
tea deposit.Seller will pay the Brokers named in Paragraph 20 My percent of all forfeited deposits retained by Seller(to be split
1a7 squall among the Brokers)up to the full amount of the brokerage fee.
fes 14.ATTORNEY'S FMB AND COSTS: In any olein or controversy editing out of or relating to this Contract,the pevaiing party,
lac which for purposes of this provision will Include Buyer,Saler and Broker,will be awarded reasonable attorneys'fees,costs,and
zoo.ecpenseee.
rob 18.NOTICES: AN notices wit be in witting and may be delivered by mail,personal delivery,or electronic means.Parties agree to
zee send at notices to addresses speeded on the signature pagers).My notice,document,or Item given by or delivered to an attorney
200 or reel estate licensee(Including a traneacdon broker)reprperthg a party will be as affective se if given by or des erred to that party.
sw 111.DISCLOSURES:
zea (a)Commercial Real Estate Sales Commission Uen Act The Florida Conunerdel Real Estate Sales Commission Lien Act
zea provides that when a broker has earned a commission by pedormnirg licensed aerobes under a brokerage agreement with you,
207 the broker may claims len against your net saes proceeds for the brokers commission.The brokers s lien rights under the act
as cannot be wsived before the commission le earned.
2m (b)Special Assessment Liens imposed by PiaW c Body:The Property may be subject to unpaid special assessment len(s)
tic imposed by a public body.(A pubic body includes a Community Development District.)Such lens,If any,shat be paid es set
211 forth In Paragraph 9.(e).
212 (c)Radon Sas:Radon is a naturally occurring radoeclive gas that,when It has accumulated in a buldhg in sufficient quantities,
213 may present health risks to persons who ere exposed to over time.Lsveb of radon that exceed federal and state guidelines
214 have been tared in b uldhge In Rorids.Additional Information regarding radon end radon testing may be obtained from your
2,e county public health
...unit
216 (d)Energy-Efficiency Rating information:Buyer acimowladgeS mcalpt tittle Information brochure required by Section
217 553.906.Raids Statutes.
216 17.RiSK OF LOSS:
ata (a)tt,after the Effective Dote and badge closing,the Property is damaged by fee or other casualty,Beller will bear the risk of
220 loss end Buyer may cancel this Contract without Lablity and the deposit(s)will be returned to Buyer.Alternatively,Buyer wil
221 have the option of purchasing the Property at the agreed upon puniness price and Seller wit transfer to Buyer et closing any
222 insurance proceeds,or Sellers dram to any insurance proceeds payable for the damage.Seiler will cooperate with and assist
223 Buyer in colleting any such proceeds.
224 (b)If,alter the Effective Dene and before dosing,any pert of the Property is taken in condemnation or under the right of eminent
225 domain,or proceedings for such taldng wit be pending or threatened,Buyer may cancel this Contract without qty and the
s25
deposit(e)will be returned to Buyer.Alternatively,Buyer wit have the option of purchasing whet is left of the Property at the
227 agreed upon purchase pice and Seller Vill transfer to the Buyer at dosing the proceeds of any award,or Seller's claim to any
ns award payable for the taking.Seller wit cooperate with and assist Buyer In collecting any such award.
22a 18.ASSIONABN3TY:PERSONS BOUNa This Contract may be assigned to a related entity,and otherwise O is not assignable .�
290'M is assignable.The terms"Buyer,'"Seller and'Broker may be*gear or plural.This Contract is binding upon Buyer,Seller
231 and their heirs,personal repreeentstives,eucceseans and assigns(ff sasignment Is permitted).
232 1 S.MISCELLANEOUS: The terms of this Contract constitute tie entire agreement between Buyer and Seller.Modifications of
233 this Contract wvi not be timing unless in writhe,signed and delivered by the party to be bound.Signatures.initials,documents
rat referenced In this Contract.counterparts and written modulations communicated electronically or on paper will be acceptable
las for al purposes,Including deivery,and wit be bind ng,Handwritten or typewritten terra inserted in or attached to this Contract
235 prevail over preprinted terms.If any provision of this Contract is or becomes invalid or unenforceable,ai remaining provisions we
ze continue to be fully effective.This Contract will be construed under Raids law end wit not be recorded in any pubic records.
•
2dr Ruyer( .)C,...!end SMar L_J U MknOwilidge meld d a copy d this me.weth is Page 6 of r Page&
CC-li Rev,10'09 0 2009 Rotrda Auooalon d taaaiaro' N to R eservad
Trii, sot oar* i. 1.&.sa.s4 to aa. Pe,oy - T.l..>t...e--t ■ a..tty, LLOI ere.fs m,.ot3A.a..lt.cam-
I
las 20.BROKER& Neither Seiler nor Buyer has used the services of,or for any other reason owes compensation to,a licensed real
240 estate Broker other them
'241* (R Bair.Busker:
242 16Orn4.r#Nees) gleam
243'
244 • Ndaw.,T11Irphona Far,Ean� J
las' who 0 ie a single agent 0 Is b transaction broker O has no brokerage neatlonehip end who we be compensated bygSetler
249' C1 Buyer O both parties pursuant to O a fsdrg agreement O other(spay)
a4r
44r (b)Buyer's Broker: hG
240 ta%ameny Nan* peers*
2WQ•
251 (Address,Tdplsara,Fec E.n.B
asr who O is a single agent C]is a lreneac Ilan broker O hes no brokerage relationship and who will be compensated by O SeNt'a
2$9' Broker O Seller M Buyer O both parties pursuant to O an MLS offer Cf compensation Q other(specify)
254' •
283 (calec1Ively referred to as'Broker")in connection with any act relating to the Property,inducing but not kited to inquiries,
ase introductions,consultations,and negotiations resulting In this transaction.Seller end Buyer agree to indemnify and hold Broker
257 harmless tom and against losses,damages,gets and expenses of any kind,ircludirva ressonabia attorneys'fees at al levels,
2se and from ifebEty to any person,arising tram(1)compensation datrted which is inconsistent with the representation in this
me Paragraph,R)enforoament action to collect a brokerage fee pursuant to Paragraph 10,(3}any duty accepted by Broker at the
as request of Bayer or Buyer.which is beyond the scope of aeries regiMlsd by Chapter 475,Florida Statutes,as amended,or(4)
zst recornnlendatio►s of or Services provided and expenses Incurred by any third party whom Broker refers,recommends,or retains
tae br or on behalf of Saler or Buyer.
las 21.OPTIONAL CLAUSES: (Check!f any of the foaming dames are appicabie and are attached as an addendum to this Contract):
254' CI Arbir stion O Seller Warranty 0 Brisling Mortgage
ass. O Section 1031 Exchange 0 Coastal Construction Control Line 0 Buyers Attorney Approval
ear 0 Property Inspection and Repair O Flood Area Hazard Zone . CI Seleris Attorney Approval
ter O Seller Representation 0 Seib Financing M Other a.•aa4asdaa
as 22.ADDITIONAL TERMS:
2WD'
2r5• •
27r
272'
STY
271•
VS'
zrs
27r
•
yr
V .THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IE NOT PULLY UNDERSTOOD.SEEK THE ADVICE
Re OF AN ATTORNEY PRIOR TO SIGNING.BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND
2a+ REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO OONSULT AN APPROPRIATE PROFESSIONAL
2s2 FOR LEGAi.ADVICE(FOR EXAMPLE,INTERPRETING CONTRACTS.DETERMINING THE EFFECT OF LAWS ON
253 THE PROPERTY AND TRANSACTION,STATUS OF TITLE.FOREIGN INVESTOR REPORTING REQUIREMENTS.
264 ETC.)AND FOR TAX.PROPERTY CONOmON,ENVIRONMENTAL AND OTHER ADVICE.BUYER ACKNOWLEDGES
265 THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS(ORAL.WPITTEN OR
255 OTHERWISE)BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER
207 INDICATES PERSONAL.VERIFICATiO N OF THE NATION.BUYER AGREES TO RELY SOLELY ON SELLER.
255 PROFESSIONAL I NBPECTaORS AND GOVERNMENTAL AGINCIES FOR VERIFICATION OF THE PROPERTY CONDITION,
Zea SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
200'Buyer l& f . I mind Serer L_.._.){ 4soknovredus receipt at a copy at INS page,which to Page 6 of 7 Pages.
CC-3 Plsv.IMS 0 2009 Florida Aasa.+aon d We acre' A!Male ma.rwd lAwillasfat
SI Each person airing this Contract on behalf of a party that is a business entity represents and warrants to the other party that • •
222 such signatory has tl*power end authority to enter into and perform this Contract in accordance With its terms and each person .
ssa executing this Contract and other documents on behalf of such party hes been duly authorized to do so.
set• Date: Al ust 31 21 O
lea n Buye)
Y"-$ y5.4octi. 1 SDeljaer6a4,L1 C TeX t0 No.: 5131 Lia Y,88
ser (Typed or Printed Name of Buyer)
SW Tide: A.4011 o je/t Telephone: 2-31- 7331`!
Date:
3m(Signature of Buyaf)
am. Tat ID No.:
302(Typed or Printed Name of Bi yer)
sea'TO: Telephone:
324.Buyer's Address for purpose of notice:
sir Facsimile: E-Ir1all:
lituckateas tats,` liaitad liability 'q 1
Aospanyr
3 e (Signature of Ssflsr)
31e' a. olreder=acre TWO No.: Stek— 2l 3 2(2.54-1-
X0 (typed or Printed Nerve of Seller) .
310'Title: 0s4s Telephone: 20i- L2epo - 32,4 2_
Huckstone Rotate., l
d
LLC, a flosia �tt.d liablity
Dade: —(Lf - a$( D
312 (Signature of Seiler) • •
sur Michael D. Mere Tax D No.: 54 — 21322.34
314 (Typed or Printed Name ot Seller)
sus Tito: Co-14aaoes Telephone:2-31 — 22/3—V??.-0
�1`
3lr$ i.r's Address for purpose of notice: 40 PItt.GWet tf Es . aqua V Ja eel f &h. �}
117-Fac ,i,a: Z 3� -- 11I )6.› Fc k-o1 i rtIvi s, Ft. 3 WOT
E-mail:
The Florida Association of tisrauorae•makes no representation se wan Sigel ark*y or awn of wry provision of this tarn h any specific transaction.This
aaa drdizee bum shored not be used h males erenesttbne or wtlh atter.a Maw oraddaar.This form i enable tor tile by the entire ret estate hdurtry
and Si not Intended to beIUlyINN tae►e$Rome.AParCn•i a waltasd oofeaew ramberelitp owl(Wish my bit used trey by mei edea Noaneees who
are stat:et or the NATIONAL.ASSOCIATION Cr FIEAI.TOSIS'and wt o subscribe to Ns Code d Wm.
The copyright lave of tin United Stale(17 U.&Cods)forbid the InsulhoAeed nprodutdort calla tone by airy rams Mwiudho timings or oonpt>terked*ma.
sir Buyer(4XL__)and Sella► adslo+Med)e rest of a mgr of this pegs,Which Is Page 7 of 7 Pepe.
CC-3 Flaw.10+00 O 2009 Raids AeeooMton or Riots' Af li'ighb nomad tied
est. software is lte.rwd to 14. Caesar - Taloa lasaeaaeat a away, mei eee.tzwwsastleadeak.eaa.
NadaniAlikt
NNW i-Plat Book 43,Pops 19 though 92
Lots)2,4,5.6,9,10, 11,12,14, 15, 16,11,20,21,23, 21 31,34,35,37,31,39,40,42,43,46,
47,41, 52,53,54,55,51,39,62,63,64&67
Phase 11—Pbt:Book 47,Page 40
Lol(s)61,69,73,74,7S,76,77,71,11, 114,18.89,90,91.92,93
Phase 111-Net Book 4$,Page 71
Lot(s)95,964 9$&99
•
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• 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.
i'
I. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY THE BUYER THAT ANY /
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
Contact 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 end 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 patty may terminate the Contact 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 ;,//
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 t/
requires additional time to complete the shod sale transaction.
3. ASSIGNMENT OF PERMITS,PLANS AND DEVELOPMENT RIGHTS. At Closnig Owner
to assign(I)its development rights,density rights,drainage rigs,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, (ui)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.
_ I
4. SETTLEMENT AS FINAL
a. Acceptance of the Deed at Closing shall constitute Buyer'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, LW, a Florida limited
liability company
12
$y: ,..��� By.
N i . L`lle .r. o e -W' Name: /'1!!i c. j %) jeicale
Its: 14e.r r Its: C — �'
Date: A�w�� 34 ,2c,)c Date: �(�-
R:WofCreatF.M.AARFPbf4NwdY=wCoaterialketaltrias.BRRIvar
2 •
ASSIGNMENT OF CONSTRUCTION DOCUMENTS AND PERMITS
THIS ASSIGNMENT OF CONSTRUCTION DOCUMENTS AND PERMITS (this
"Assignment") is made and delivered on this i(0):of December, 2010, by Buckstone Estates,
LLC, a Florida limited liability company (the "Assignor"), to Black Bear Ridge Naples, LLC, 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:
1. 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
II
•
•
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]
II
II
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
ar..�.a�-r-tBy: a )
K Vanderbilt ederbNt Q. Grady Minor
Its: Co-Manager
Print e
/, ... -
(Corporate Seal)
Beth D. Lightner
Print Name
40�i� .� By: .
Jody K.Vanderbilt Michael D. Moore
Its: Co-Manager
Print Name
474770919;te(---
Beth D. Lightner (Corporate Seal)
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER / _
The foregoing instrument was acknowledged before me this /(0i —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, o is personally known to
mg or who has produced (type o 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.
N - Public
In MYr COWASEIVX,OD WO
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER //__ 1
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 1
executing this instrument did take an oath.
,/ !/%11
No . Pub is
-74 D.MITER
�.?M, F-,.:,, �au�,r,, My Commission Expires:
Rt.:,,,,.
r?, :IRE&Oa1obx4 r
,,t .a1MNdIryP�or.411
BOND.WWI
MY00111161y0 000011666
ti„,,
WIN*01010,4013
'4`, WIN*, .1I Or61011rldawir E
1
I
II
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 I 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 $13I,670 of Collier County pre-paid COA credits (as of November 2nd,
2010)
3467972 OR: 3635 PG: 1672
RECORDED in OFFICIAL RECORDS of COLLIER COURT, FL
09/01/2004 at 10:13AI DWIGI? E. BROCA, CLERK
This instrument was prepared RIC FEE 239.50
without an opinion of title and IIDEIIIG 3.00
7 after recording return to: Retn:
y Gregory L.Urbancic,Esq. GOODLETTE COLEIAI El AL
Ni Goodlette,Coleman&Johnson,P.A.
4001 TAIIAII TRI #300
4001 Tamiami Trail North,Suite 300 RPM FL 34103
® i
Naples,Florida 34103
(239)435-3535 I
(space above this line for recording data)
COST SHARING AGREEMENT FOR THE
DEVELOPMENT OF A SHARED ACCESS ROAD
THIS COST SHARING AG .' E' I` ,: 7 4:1 DEV LOP NT OF A SHARED
ACCESS ROAD(this"Agreement" '•• • entere• :•1 • ; of 2004,
by and among the following: (i)W Estates,LLC,a •.•Mil,-'ted liability c y("Wolf Creek
Estates"); (ii)William L. Hoov , as •usstee of the Fallen Timb-#s L: d Trust dated November 5, 2003
("Hoover/Fallen Timbers"); (i ) Mar•=.a— ind—ner;` 'fIustee : d- unrecorded Land Trust U/T/D
January 4, 1999 ("Lindner/Trust " A..,. •• a I st under unrecorded Land Trust
U/T/D May 21, 1999 ("Linder/1 ''2 ( ir ••• �r es, 1 LC, a Florida limited liability
company("Buckstone Estatesl').
WITNESSET ' THA .�
WHEREAS, the parties own adjacent real Section 34, Township 48 South,
Range 26 East,Collier County,Flo . • :5',//7
WHEREAS, the parties hereto le(fol g properties which are the subject of this
Agreement,with said individual properties being legally described on Exhibit"A"attached hereto and made
a part hereof:
OWNER: PARCEL:
Lindner/Trust 1 Parcel 1
Lindner/Trust 2 Parcel 2
Wolf Creek Estates Parcel 4
Wolf Creek Estates Parcel 5
Wolf Creek Estates Parcel 6
Buckstone Estates Parcel 7
Hoover/Fallen Timbers Parcel 8(west half)
Buckstone Estates Parcel 8(east half)
Buckstone Estates Parcel 9
Lindner/Trust 1 Parcel 10
Buckstone Estates Parcel 11
1
OR: 3635 PG: 1673
WHEREAS, Parcels 1, Parcel 2, and Parcels 4 through 12, inclusive, are depicted on the
illustration attached hereto as Exhibit"B"(said parcels shall sometimes collectively be referred to herein as
the"Parcels");and
WHEREAS, Dania Luisa Mederos, as Trustee of the Dania Luisa Mederos Land Trust dated
August 15, 2000(who is not a party to this agreement) is the owner of that certain real property in Collier
County,Florida legally described as follows: The South 1/2 of the Northeast 1/4 of the Southwest 1/4 of
Section 34,Township 48 South,Range 26 East,Collier County,Florida("Parcel 3");and
WHEREAS,the parties hereto desire to formalize an agreement with respect to the construction of
an access road generally along the north-south half-section line in Section 34,Township 48 South,Range 26
East,Collier County;and
WHEREAS, Exhibit "B" also depicts the general, proposed location of the access road with the
various segment points on the access road being labeled with alphabetical designations.
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereto do hereby . .i; .).t. . - as follows:
1 9 lti
1. Recitals. The abo true and c. <.•• incorporated herein by this reference.
2. Pending Trans ctio,k s^, .• 1 evelo nt. ' - in •1 t of this Section is for the parties
to disclose various pending . . • ., ma • 0 of do an. development petitions involving
or affecting the Parcels. Unles•a c• .- 1,,,-.44.,,* ^ •. losures contained in this Section
shall not be construed as a req II,
0 •• . •. •1 .1 111174 i. any particular manner.
(a) Parcel 10 is •_ . ••. • • . 7''" . 1104 ever, or assignee, with a petition
request to Collier County to de, . . a specialty retail/offi.:.,,.ar I. parcel.
(b) This Agreement ,'?t . disclosed by the,;071113s) volved in the transaction to the
purchaser described in subsection(a e ,.i this Agrey•• `r: be disclosed to any other prospective
purchaser of any one or more of the P. s.2�
(c) Parcel 1 and Parcel 2 are expected but not required to be developed as a multi-family
project.
(d) Parcel 4,Parcel 5,and Parcel 6 are expected but not required to be developed as a single-
family project.
(e) Parcel 7, Parcel 8,Parcel 9, and Parcel 11 are expected but not required to be developed
as a single-family project.
3. Mederos Parcel (Parcel 3). Parcel 3 is owned by Dania Luisa Mederos, as Trustee of
the Dania Luisa Mederos Land Trust dated August 15, 2000 ("Mederos") and Mederos is not a party to
this Agreement. This Agreement shall not be construed as affecting or encumbering Parcel 3 except
under the circumstances provided under Section 6(g). Further,this Agreement shall not be construed in a
manner so as to provide any third party rights for Mederos.
4. General Development Standard. All Parcels shall be developed in a high quality
manner commensurate with the projects recently constructed or being constructed concurrently in the
2
OR: 3635 PG: 1674
Vanderbilt Beach Road and Immokalee Road corridors, located between Livingston Road and Collier
Boulevard. The Parcels are permitted to have differing land uses but the actual land uses shall be
compatible with each other. The Parcels shall be developed using a similar architectural theme along the
access roads, quality buffering and screening between the differing land uses, and common site design
techniques. All Parcels shall be designed and developed to minimize any negative impacts on abutting
and neighboring Parcels.
5. Zoning. Each owner (and the owner's successor, assign, and successor in title) agrees
that it shall not object to any rezoning and/or development consistent with the following provisions:
(a) Parcel 10 may be rezoned and developed for specialty retail and office land uses. The
most westerly 175 feet of Parcel 10 shall be designed and developed only for offices,banks, drug stores,
sit-down restaurants, retail shops, and similar intensity commercial uses, and shall not be permitted to
have gas stations,convenience stores,fast food restaurants,and stand alone bars or lounges.
(b) Parcel 1, Parcel 2, and Parcels 4 through 9, inclusive, may be developed for residential
use. Said parcels have been rezoned to the Wolf Creek PUD, Collier County Ordinance No. 03-45
(hereinafter "Wolf Creek PUD") and shall be developed according to the development standards within
the Wolf Creek PUD. Any owner of one ofs ..0 - :y apply for a PUD Amendment to the Wolf
Creek PUD through Collier County for -,& $. ' i Pt 4, . : 1 ••ses without written permission of the
remaining owner(s) of the Wolf Cr- TT! • • • : 1 -.ft ik,..d moderate intensity changes to said
owner's own parcel or(ii)to inco E = additional property in'z i e olf Creek PUD,including,without
limitation,Parcel 3,Parcel 11, . d/o . :orin I par el wit S tion 34 owned by Comcast. Any
amendment to the Wolf Cree P r� r' _ in ••• the % e • 1,'tte principal uses and the same or
substantially the same devel.;.m- •• ,R . - f $ eek PUD at the time of such
amendment. Further, any am. •• r.,,
AT• vel a pment consultants experienced
I.
in Collier CountyPUD rezo•' " t R ocess
(c) The owner of ' .- . 1 or Parcel 2 have ,iigh r at •i ' -,as to said owner's parcels,to
request a rezoning to allow d. .'., ment for residents: s •1;11., hes, private schools, child care
facilities,and/or adult living facili..'a.. (.)
(d) The owner of Parcel 1. '. - . 3 -.. 7. • r- e, as to said owner's parcel, to request a
rezoning to allow development for residentia es, •private schools,child care facilities,and/or
adult living facilities.
(e) The owner of Parcel 11 has the right at any time, as to said owner's parcel, to request a
rezoning to allow development for residential uses,churches,and/or child care facilities.
(f) Any 3-story buildings on Parcel 1 and Parcel 2 shall be setback a minimum of thirty-five
(35) feet from the North-South Road (as hereinafter defined)between Points "A"through "D"as shown
on Exhibit"B"attached hereto and made a part hereof. Additionally,any buildings on Parcel 1 or Parcel
2 shall have tile, metal, or wood roofs, and either a carport or garage for each residential unit. None of
the Parcels shall be developed for Affordable Housing, as defined within the Collier County Affordable
Housing Density Bonus Ordinance,as amended from time to time.
6. Design.Permitting,and Construction of North-South Access Road.
(a) General. The parties intend for a 2-lane north-south access road to be constructed
generally in the location shown on Exhibit "B" from Point "A" to Point "F" (the "North-South Road").
All references herein to a particular "Point" shall mean and refer to those labels on Exhibit "B". The
3
OR: 3635 PG: 1675
North-South Road shall be constructed to then-current Collier County road standards, shall include utility
improvements of sufficient size and capacity to serve all Parcels,and shall be designed and constructed so
as to be shared access road intended to serve three (3) moderately upscale residential communities. The
North-South Road shall include such related facilities as required by Collier County which may include,
without limitation, sidewalks;turn lanes; curbs; entry features; signage; median improvements; lights,light
poles and related facilities; stormwater drainage lines,pipes, and related facilities; landscaping; and other
utility and infrastructure improvements. All segments of the North-South Road shall be designed and
constructed in a consistent manner so as to be compatible with one another.
(b) Intersection Improvements. The owners of the Parcels shall each pay a proportionate
share,based upon each parcel's acreage as shown on Exhibit"C"attached hereto and made a part hereof,
of the design, permitting and construction costs for all North-South Road/Vanderbilt Beach Road
intersection improvements such as turn lanes,bridges/culverts,arterial level street lighting,and a possible
traffic signal, located approximately between Points "A-1"to"A-2"("Intersection Improvements"). If a
traffic signal is required after completion and payment of the costs of the Intersection Improvements by
the owners of the Parcels,the future costs for the traffic signal shall be shared as shown on Exhibit"C".
(c) Segment 1. The owners of Parcel 1, Parcel 2, Parcel 9 and Parcel 10 shall be equally
responsible for the design,permitting and cos„...• •• .• is of the North-South Road between Point"A-
2" (a point on the southern property 1•. ;fl€.C•' : {R��yy"r,�l 10) and either Point "D" or such other
endpoint between Point "C" and P. ` as may . • •it• = by Collier County (the "Segment 1
Endpoint"). The design and con : • • for said portion of • '• , -South Road shall include all turn
lanes required by Collier County • •: ;: •.Services during eir view of the construction drawings
for this portion of the road. Th • 4 on . No• - o 'oad • tw-• Point"A-2"and the Segment 1
Endpoint together with the Int •g• ..• is . • :. ' 4.•.. .:.; = referred to herein as"Segment
1". Design and permitting fo Se:` ' ,, fIrl f o 2004 by Buckstone Estates. A
copy of the Preliminary Opin off !it o.• • = . •� .i';sired '% I. f' r• Minor & Associates, P.A. for
construction of Segment 1 ( '+ . :'loin .o r •+" i w c F:•, ereto and made a part hereof as
., )
Exhibit"D". Said exhibit is a ,:!•• for informational p. ••se • , i costs and improvements detailed
therein are preliminary and sub e , modification. A i•y o• t stimated design, permitting, and
related costs prepared by Q. Gra• 'r I ' ,P.E.for Segment •_• endpoint of Point"D")is attached
hereto and made a part hereof as '> ' " Said exhib• el, •ed for informational purposes and the
mkt detailed therein are preliminary . , j r• • ••e'!,• . ..''r•
(d) Segment 2. The portion of the North-South Road between the Segment 1 Endpoint and
Point"F"shall be sometimes referred to herein as"Segment 2". In the event that the Segment 1 Endpoint
is the same as Point "D", the owners of Parcel 4, Parcel 5, and Parcel 6 shall be equally responsible for
the design,permitting and construction costs of the North-South Road for"Segment 2". In the event the
Segment 1 Endpoint lies south of Point"D",the costs shall be divided as follows: (i)the owners of Parcel
1 and Parcel 2 shall pay for fifty percent (50%) of the design, permitting and construction costs of the
North-South Road between the Segment 1 Endpoint and Point "D"; (ii) the owner of Parcel 9 shall pay
for the other fifty percent(50%)of the design,permitting and construction costs of the North-South Road
between the Segment 1 Endpoint and Point "D"; and(iii) the owners of Parcel 4, Parcel 5, and Parcel 6
shall be equally responsible for the remaining design, permitting and construction costs for Segment 2.
The design and construction for Segment 2 shall include all turn lanes required by Collier County
Transportation Services during their review of the construction drawings for this portion of the North-
South Road, excluding any turn lanes on Parcel 2 or Parcel 9 that would be paid for by the owner of
Parcel 2 or Parcel 9,as the case may be.
(e) Dedication to Collier County. Upon completion of the construction of the North-South
Road, the owners of the Parcels agree the North-South Road shall be dedicated to Collier County unless
4
OR: 3635 PG: 1676
either (i) all owners agree in writing that the North-South Road should remain private or (ii) the
dedication of the North-South Road is not accepted by Collier County. In the event the owners of the
Parcels agree to maintain the North-South Road as a private road, the written agreement among the
owners shall make a provision for the on-going maintenance and repair of the North-South Road and a
means for sharing the costs and expenses of the same. In the event the North-South Road including any
of the appurtenances thereto, or any portion thereof) is not accepted by Collier County, the owners shall
enter into a written agreement regarding the on-going maintenance and repair thereof. All owners agree
to promptly execute such documentation and provide such information as may be requested or required
by Collier County to complete the dedication.
(f) Maintenance of North-South Road. Any Developer (as hereinafter defined) completing
construction of the North-South Road or any segment thereof shall maintain and repair, in keeping with
all governmental permits and approvals, such portion of the North-South Road, until such time as the
North-South Road is dedicated to (and such dedication is accepted by) Collier County, and Collier
County accepts the North-South Road for maintenance, in accordance herewith. The owners shall be
obligated to reimburse the Developer (as the case may be) for their pro rata share of the costs and
expenses incurred by the Developer in connection with the maintenance and repair of the North-South
Road (or portion thereof) for so long as the Developer is obligated to maintain and repair same as
provided herein. Each owner's pro rata share :. . ce and repair cost shall be the same as each
owner's share for the initial constructio• .f '. . •on. Each owner shall deliver its pro rata
share of such maintenance and rep ,. i e Deve . .a ti'.. five (5)business days of receipt of a
bill therefore from the Develop. .0 Pthe event that the i outh Road (including any of the
appurtenances thereto, or any .. u. --: ' not acc .ted b Col 'er County as a public road and/or
for maintenance within one ( y : . .e •• o • .letio, o the North-South Road, then the
Developer shall no longer be re !•.: ; •.---• •i o the North-South Road and the
owners of the Parcels shall a ee . r! i - o. ; �r • � I fu • maintenance, which method
may include, without limitati.n .f• • i!I • - :1 • ent district pursuant to Section
190,Florida Statutes("CDD" .. '^'r : . - . : h . .,- association("MHOA"). In the
event a CDD is formed for th •I..se of maintaining.: d :•. . • _- i e North-South Road, the CDD
shall have the responsibility fo ..rming the main - e : .:
OR: 3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s)fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1, Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof: Parcel 1-64 units;Parcel 7-41 units; and all other parcels in the PUD-81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a) hereof) from the owner of Parcels 7 through 9, inclusive, ("Seller") up to 92
dwelling units which have been alloca. : A.I. ' • r 0 1 ction (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exer ' s, '-•• .r 're than two transactions on or before
December 31, 2005 ("Expiration P: .=Q+ e purchase p • •; -• h individual dwelling unit shall be
$500.00. In the event Purchaser e it,o exercise this option, ' •cha• shall,on or before the Expiration
Date, notify Seller of the num• ___o • • Clo 'ng •f any such purchase of dwelling
units shall occur within 20 da , of•eller's re•_.;,; notic- from ' The purchase price shall be
paid in cash, wired funds, or • cas • s �Ftea' an •ffice in Collier County,Florida
or such other method as may ' a tabl ^ , - '-7,0.,
`1 �s .•le iscretion. Seller shall have the
discretion to determine t � -��•• ;. signed. Purchaser shall pay all
sole � .s.., g 8n
costs associated with the • • • , of dwelling units. `I 's o ti• 4 % 1 terminate on midnight of the
Expiration Date and be of no P.1117, orce and effect. a
(c) Contingency. In 0 cr3• t any statute, law.'. • ce,resolution,rule, or regulation is
adopted and enforced by the state, • f' •7 ' •- _ .• , entity (or any agency or department
thereof) that would have the effect of •AirT lj 10, $rin e number of dwelling units that can be
constructed within the Wolf Creek PUD(in its en ,the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33%of any such temporary allocation and Parcels 4 through 9 shall be allocated
67% of any such temporary allocation;provided,however, that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation,as described in Section 3.9.5.5.3 of the Collier County Land Development Code, as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
OR: 3635 PG: 1678
9. Access Easements/Signature Entry Feature. In order to construct the North-South
Road,various road right-of-way easements will be required from the owners of the Parcels. To the extent
not previously provided,the owners of the Parcels agree to convey the easements described in this section
at no cost to the other owners within twenty(20)days of a receipt of a written request from the Developer
(as defined in Section 11 below), and further agree to the conditions and limitations described in this
section.
(a) Parcel 2/Parcel 8. The owner of Parcel 2 shall provide a non-exclusive 30-foot wide
permanent road right-of-way easement along the east 30 feet of Parcel 2 for the benefit of all Parcels. The
owner of Parcel 8 shall provide a non-exclusive 30-foot wide permanent road right-of-way easement
along the west 30 feet of Parcel 8 for the benefit of all Parcels. The owner of Parcel 9 shall provide a
non-exclusive 30-foot wide permanent road right-of-way easement along the west 30 feet of Parcel 9 for
the benefit of all Parcels. Where the minimum road width is required by Collier County Transportation
Services to be wider than 60 feet, the easement width provided shall be increased the minimum amount
necessary to accommodate the North-South Road, with the center of the roadway remaining on the half
section line where possible(unless the Developer controls the land on both sides of the roadway,in which
case the Developer shall determine in its sole discretion where to locate the centerline of the North-South
Road for said portions); provided, however,that where a wider road right-of-way is needed to provide a
turn lane into a particular project the additional road right-of-way easement area shall come from the
parcel needing such turn lane. NV?. CO
(b) Parcel 1/Parcel 10. t '•int"A-2"to '• • • ' the owner of Parcel 1 shall provide a
non-exclusive 42-foot wide . •• •• oad right-of-way ea t : .••g the east 42 feet of Parcel 1 and
the owner of Parcel 10 shall pro.'de 've 42- •,•t with • I.. ent road right-of-way easement
along the western 42 feet of P el 0, .• • bene •of all ' . e s. From Point"B"to Point"C",
the roadway width is intend-. to . :: . . .• •• , .,7'ght •f-way to 60-foot road right-of-
way. The owner of Parcel 1 -i• . 1", • d� • - • `1,,�; R 61 • 42 oot wide permanent road right-
of-way easement along the ea 1 • '2 • • • and) • •f Parcel 10 shall provide a non-
exclusive
exclusive 30-foot to 42-foot Al . en : • =.f--w:' -, along the western 30 to 42 feet
of Parcel 10, each for the ben- • all Parcels. The ac•,•,41.1 • �•ch road right-of-way shall be as
determined by Collier County •7.•rtation Services_, ' "ew of the roadway plans for
Segment 1. Where the minimum , "dth is required by - 'linty Transportation Services to be
wider than contemplated herein,th -;4. ,• •t width provid =: • ' cel 1 and Parcel 10 shall be increased
the minimum amount necessary to acc• •• r=i. ‘r.ri�'`�+: •oad.
(c) Purpose of Easements. These easements provided for in this section are for the purpose
of providing unrestricted ingress and egress for all of the Parcels and shall also be for the construction of
the North-South Road, including all necessary or required utilities, sidewalks, water management
facilities,landscaping,and signage.
(d) Signature Entry Feature.
(i) Permitted Owners/Location. The easements described in subsection 9(b)of this
Agreement (or in a separate easement if desired by the owner of Parcel 1 or Parcel 10) shall permit the
owner of Parcels 4 through 6, the owner of Parcels 7 through 9, or the owner of Parcel 1 and Parcel 2
("Permitted Owners")to construct a signature entry feature (hereinafter"Signature Entry Feature")upon
no more than 400 square feet in area and located north of where the North-South Road intersects with
Vanderbilt Beach Road. For purposes of this section, the term Permitted Owners shall be deemed to
include and mean, as to each individual Permitted Owner, said Permitted Owner's successor, assign, or
successor in title. The Signature Entry Feature may be constructed at any time subsequent to the
commencement of construction of the North-South Road between Points"A-2"and"C". The Signature
Entry Feature may be located, at the sole discretion of the owner of Parcels 4 through 6, in either the
7
II
OR: 3635 PG: 1679
North-South Road median or in wing walls along each side of the North-South Road.
(ii) Constructing Owner. The owner constructing the Signature Entry Feature shall
be referred to herein as the Constructing Owner. Any of the Permitted Owners may become the
Constructing Owner, subject to the provisions of this paragraph. Buckstone Estates, because of its
designation as the Developer of Segment 1, shall have the initial option to become the Constructing
Owner. Buckstone Estates may become the Constructing Owner by delivering written notice to the other
Permitted Owners of its desire to be the Constructing Owner no less than thirty-five (35) days prior to
commencing construction of Segment 1 of the North-South Road. If Buckstone Estates shall either(1)
fail to commence construction of Segment 1 (for any reason) on or before April 1, 2005 or (2) fail to
commence construction of the Signature Entry Feature on or before April 1, 2005, then the owner of
Parcel 1 and Parcel 2 shall have the right to become the Constructing Owner. In such an event, if the
owner of Parcel 1 and Parcel 2 shall elect to be the Constructing Owner, said owner shall deliver written
notice to the other Permitted Owners on or before April 30, 2005. If such an election is not made by the
owner of Parcel 1 and Parcel 2, the Permitted Owners shall thereafter enter into a separate written
agreement specifying the owner who shall assume the duty as Constructing Owner; provided all other
terms of this section shall be unchanged. Any notice required under this paragraph shall include a sketch
showing the intended Signature Entry Feature and a cost estimate (including a 10%contingency) for the
design and construction costs of the Signa •n • :1 : .
. Oj
(iii) Design. :y.. •• .• Entry Fea •. = be properly permitted through Collier
County and any proposed cons• c • wing walls shall • •esi_- ed to not unreasonably block pre-
existing signage on Parcel 1 or ce • • • • view of..otorist tra ling on Vanderbilt Beach Road or
the North-South Road to be c. •stru ted .lc .- t • •'s • Bement. Pn.r to commencing construction of
the Signature Entry Feature, e 1 •• ,•. ii' •:' rir .. 1. : the other Permitted Owners with a
copy of the design plans for .•e '' a•: •': : .e i gn .lans shall show the location of
the proposed Signature Entry .. , .4, •e• ti er' :i 1 :lire, (10)days after receipt of said
design plans to review and a• 1 e • e . , w ' ,,.pro, s ,,,,,,kg•t be unreasonably withheld or
conditioned. If any Permitted�i! has not or does n•,t,_. . •n.A.Mre Constructing Owner in writing
within such ten(10)day period, . .•t 'errnitted Owner s e .e . have approved such plans.
(iv) Parcel 1 an. -: .. t.;.. IA er of Parcel 1 and Parcel 2 shall have
41
the option to opt out of participation ' •-�`,,►�,,,,���:�., - :i.tk,C ture as described in this paragraph. The
owner of Parcel 1 and Parcel 2 shall each • - M.` ,.nstructing Owner within thirty (30) days after
receipt of notice from the Constructing Owner under subsection (ii) above if it desires to opt out of
participation in the construction of the Signature Entry Feature and use of any portion of the sign face that
would otherwise be allocated to said parcels. The failure of the owner of Parcel 1 and Parcel 2 to respond
with said thirty(30)day period shall be deemed a conclusive election by such owner to participate. In the
event the owner of Parcel 1 and Parcel 2 opts out of participation,then the owner of Parcels 4 through 6,
inclusive, shall have the option to allow the owner of Parcel 10 to participate instead. In such a case and
with the agreement of the owner of Parcel 10, all further references to Parcel 1 and Parcel 2 in this
Section shall mean and refer to Parcel 10.
(v) Sign Face(s). The following conditions shall apply to the sign face(s):
(a)the sign face(s) shall be equally divided among the parcels as defined in this
subsection. In the event the owner of Parcel 1 and Parcel 2 elect to participate, the sign face(s) shall be
equally divided into thirds,with one-third of the sign face(s)for the project on Parcel 1 and Parcel 2; one-
third of the sign face(s)for the project on Parcels 7 through 9,inclusive; and one-third of the sign face(s)
for the project on Parcels 4 through 6,inclusive. In the event the owner of Parcel 1 and Parcel 2 elect not
to participate(and Parcel 10 is not substituted),the sign face(s) shall be equally divided, with one-half of
8
OR: 3635 PG: 1680
the sign face(s) for the project on Parcels 7 through 9, inclusive and one-half of the sign face(s) for the
project on Parcels 4 through 6,inclusive;and
(b)each non-constructing owner not opting out of the shared signage shall notify
the Constructing Owner of its project name for the sign(s) within thirty (30) days of notice from the
Constructing Owner or the Constructing Owner shall leave the sign face blank for any non-constructing
owner not timely notifying the Constructing Owner of its project name; and
(c) each of share of the sign face(s) shall be equally visible to both westbound
and eastbound motorists traveling along Vanderbilt Beach Road.
(vi) Cost. The costs for design, permitting, and construction of the Signature Entry
Feature shall be shared as described in this paragraph. In the event the owner of Parcel 1 and Parcel 2
elect to participate,the costs shall be divided as follows: one-third of the total costs shall be paid by the
owner of Parcels 4 through 6,inclusive;one-third by the owner of Parcel 1 and Parcel 2; and one-third by
the owners of Parcels 7 through 9,inclusive. In the event the owners of Parcel 1 and Parcel 2 elect not to
participate (and Parcel 10 is not substituted), the costs shall be divided as follows: one-half of the total
costs shall be paid by the owner of Parcels 4 through 6,inclusive; and one-half by the owners of Parcels 7
through 9,inclusive.
VER COO
(vii) Payment. r .a%,•:• ting Own 441, •vide the non-constructing owners with
a detailed billing statement for th-' ••• • 'on cost within f• v 45)days after the completion of the
initial construction and installati a. of . . .'; ;.' Entry Feature, ., d . h of said non-constructing owners
shall remit payment to the C• .• . g • 'VP"' (30) •,:ys 'f the receipt of such bill. If any
such bill(s) is not paid within s•
c• 0 •-•, via. t ••f all such invoices together with
interest thereon at nine • • .4 � li . said non-constructing owner's
property,unless and until paid; l• I "�'�' `• B " - • • such lien in the Public Records
of Collier Coun , Florida a,„ by •e • ""I• v,, . d bring legal action against the
non-constructing owner for ' ,. -constructing own.1. • s• •n costs; and (c) may, at the
Constructing Owner's option, fa . • any such lien d717;41-14 a,•'I: the same manner as a mortgage
lien on real property, and interest, d reasonable attorne ' - of any such action will be added to
the amount of any such lien, and s ir' - •verable in •_ : e Constructing Owner prevails in any
such action. 174E C-,gC
(viii) Maintenance. The Signature Entry Feature shall be maintained and repaired from
time to time,which maintenance and repair shall be performed in accordance with all governmental permits
and approvals. The Constructing Owner (or its successor or assign) shall be responsible for such
maintenance and repair, unless otherwise agreed among the owners participating in the Signature Entry
Feature. The costs for any such maintenance or repair to the Signature Entry Feature shall be shared in
the same manner described in Section 9(dXv) above relating to construction costs. Any owner may
assign its obligations for payment of such maintenance and repair costs to a property owners' association
or condominium association formed with respect to such owner's parcel(s). The Constructing Owner
may assign its obligation for maintenance and repair of the Signature Entry Feature to a property owners'
association or condominium association formed with respect to the Constructing Owner's parcel(s).
(e) Directional Signage. At the request of the owner of Parcels 4 though 6, inclusive, or the
owners of Parcels 7 though 9, inclusive, the owner of Parcel 10 shall provide the owners of Parcels 4
through 6 and Parcels 7 through 9 with a non-exclusive sign easement having an area of four(4) square
feet for the purpose of erecting and sharing a directional sign along the eastern side of the North-South
Road,where the North-South Road intersects with the access road into Parcel 10. The easement shall be
in a location such that that the directional sign is easily visible to northbound motorists.
9
OR: 3635 PG: 1681
10. Stormwater Management. Water management for the section of the North-South Road
located between Point "A" and Point "C" shall be provided on Parcel 10. Water management for the
section of the North-South Road located between Point"C" and Point"E" shall be provided on Parcel 8
or Parcel 9. Water management for the North-South Road located between Point"E"and Point"F"shall
be provided on Parcel 4, Parcel 5, or Parcel 6. Any owner whose parcel has the responsibility for water
management under this section may redirect said responsibility to another property through a separate
written agreement without the consent of the other parties hereto;provided,however,no such agreement
shall release said owner of its obligations under this section.
11. Developer.
(a) Identification of Developer. The North-South Road may be constructed either in a single
phase or in two separate phases. If the manner of construction is in two separate phases,the first phase of
construction shall be Segment 1 and the second phase of construction shall be Segment 2. The phases
may be developed concurrently. Any of the owners of Parcel 1, Parcel 2, or Parcels 4 through 10,
inclusive,may individually or collectively be the developer of the North-South Road or Segment 1 of the
North-South Road. If,however,the North-South Road is developed in phases,only the owner for Parcel
4, Parcel 5, or Parcel 6 may develop Segment 2. The term "Developer" as used herein shall mean and
refer to any such owner which elects to c• • i • :ti •f the North-South Road. The owners agree
and acknowledge that Buckstone Es s 3-• _ •-4Jor Segment 1. Buckstone Estates has
submitted roadway plans to Collier s•R ' connection „ submittal for its properties. If at any
time Buckstone Estates ceases(f. • . )its pursuit of the ,' S for the construction of Segment 1
at any time prior to March 1, 2 c 05, c kstone ti: : s.: I noti th- other owners of the same within
twenty (20) days and therea' an• o - ass the ro- o• the Developer of Segment 1 by
notifying the other owners in , .; : • ••.• = • .. Estates fails(for any reason)to
obtain permits for the constru.do • . .' o •'44
, �^ 1, 005 or fails(for any reason)to
commence construction of S a•• • •r •. o e 'f: '10 I t I•er owner may elect to be the
Developer of Segment 1 and ! n• th- • • er • ,,I . � .4:14, the same. In any case where
Buckstone Estates shall cease • : ; - Developer of Sea•, - s . .•,.cher owner seeks to become the
Developer of Segment 1, such • .0' owner shall within 2Q) •ys of assuming the role of the
Developer of Segment 1 promp• , burse Buckstone s. Lf-. the new Developer's share (see
Section 6(c) of this Agreement) o Iv,. • and permi. •: ,:, expended by Buckstone Estates for
Segment 1. Upon receipt of such pa ;•�•r . : I promptly provide the new Developer
with copies of its materials related to the •r •,.• :.-, ,,. : and construction of Segment 1. Wolf Creek
Estates shall be the Developer of Segment 2; provided,however that Buckstone Estates,with the written
consent of Wolf Creek Estates, may instead be the Developer of Segment 2. The Developer shall be
responsible for the design, permitting, and construction of those portion(s) of the North South Road
(including the related improvements) it will be constructing, with the costs of which to be shared as
described herein. The name of the North-South Road shall be Pristine Drive unless Collier County shall
rescind its prior approval.
(b) Design Plans/Permitting. The North-South Road shall be designed in accordance with the
terms of this Agreement. If the North-South Road is being constructed in phases, both phases shall be
designed and constructed in a consistent manner so as to be compatible with one another. All plans and
specifications for the North-South Road shall be prepared by a licensed and reputable engineering firm. The
Developer shall be responsible for obtaining any permits or governmental approvals necessary or
appropriate to construct the North-South Road("Road Permits and Approvals"). All owners of the Parcels
will cooperate in good faith with the Developer and the Developer is hereby expressly authorized by the
other parties hereto to apply for or to pursue in the Developer's name (or in the names of the owners of
the Parcels or both as the Developer may deem desirable)the Road Permits and Approvals which may be
required to construct the North-South Road. The owners of the Parcels further agree to promptly execute,
10
OR: 3635 PG: 1682
acknowledge, consent to,join in, and deliver all documents, applications and other papers which may be
necessary to make such applications or to obtain the Road Permits and Approvals.
(c) Development of Segment 1. Upon completion of the final plans and specifications for
Segment 1,and approval of the same by Collier County,the Developer shall furnish such finals plans and
specifications for the construction of Segment 1,including sidewalks,accompanying utilities,landscaping,
signage (except for the signature entry feature), and other related improvements to the other owners for
their review. No sooner than fifteen(15) days after such plans and specifications have been delivered to
the other owners, the Developer shall seek bids for the construction and installation of Segment 1 from
not less than three (3) qualified, licensed contractors previously experienced in Collier County as road
contractors. At the sole option of the Developer, the Developer may also seek up to two (2) bids from
qualified, licensed contractors not previously experienced in Collier County. When such bids are
solicited by the Developer, the Developer shall notify the other owners and provide them with a copy of
the request for bid and a list of the contractors from whom bids are being solicited. When the bids are
returned, the Developer shall provide copies of all completed bids to the other owners. In the event the
Developer selects any complete bidder other than the lowest complete bidder,the Developer shall provide
the other owners with its reason(s)for selecting the applicable bidder,and the other owners shall have the
right of approval with regard thereto, which approval shall not be unreasonably withheld, delayed or
conditioned. If any owner fails to notify the Developer in writing of their disapproval of the selected
bidder within five (5) business days after - i
' , • 'r. - thereof from the Developer, such selection
s
shall
bed deemed to have been appr. • •• t!`w. twithstanding anything to the contrary
herein, the other own- 6no right s • .1 if the Developer selects the low
complete bidder.
No less than thirty-fiv- (35 da ` , to •mmen•' g con true;on of Segment 1,the Developer
shall provide the owners of th o •rte :..i - ' :Ali
• , 0 ers")with the following: (i) a
cost estimate for the construction ,1 i• ' :0'7 • tin - cy(hereinafter"Road Plan");
and (ii) a breakdown of the co : ••: . . . • !!e P. r -ach of the Parcels, "Individual
Construction Cost"). The N. .-. • . - `r 11 .' e (35) days from the receipt of
said materials from Developer :ce said owner's Indi •ual • .1• ;on Cost into an escrow account
with an escrow agent designate, -.4, e Developer, whi_ - ,. ' 3 :, t shall be an attorney licensed in
the State of Florida. The con • ,•, . •ds deposited wi a. `v •w agent shall be available to the
DeveloperthroughcustomaryL -five(45)days after the Developer's
cons�� • �t•• •� :ws. No later r � •
receipt of a certificate of completion, r ,� •i• irl. riti,. Ile the construction fund account. Any
excess funds shall be returned in a pro rata • 111.11.7. . =il•,:in the Individual Construction Costs paid. In
the event of a shortage of construction funds to cover the costs and expenses of the Developer in
constructing Segment 1 (other than due to non-payment by a Non-Constructing Owner), the Non-
Constructing Owners shall be responsible for paying their pro rata share of such shortage. Developer
shall provide the Non-Constructing Owners with commercially reasonable documentation which
evidences the additional costs and expenses incurred by the Developer and the pro rata share of said costs
and expenses for each Non-Constructing Owner. Each Non-Constructing Owner shall have twenty-five
(25)days to pay its share of such shortage to the Developer.
(d) Non-Payment-Segment 1. Except as provided in subsection (e) below, in the event
timely payment of the applicable Individual Construction Cost is not received from any Non-Constructing
Owner, then (i) the amount of all such Individual Construction Cost together with interest thereon at nine
percent per annum(9%)shall constitute a lien on said Non-Constructing Owner's property,unless and until
paid; (ii)the Developer may record each such lien in the Public Records of Collier County,Florida against
the Non-Constructing Owner's property and bring legal action against the Non-Constructing Owner for the
Non-Constructing Owner's construction costs; and(iii)may, at the Developer's option, foreclose any such
lien described above in the same manner as a mortgage lien on real property, and interest, costs and
reasonable attorney's fees of any such action will be added to the amount of any such lien, and shall be
11
OR: 3635 PG: 1683
recoverable in the event the constructing owner prevails in any such action. The right to foreclose specified
hereunder may not be exercised prior to August 1, 2006; provided, however, such time limitation shall
immediately cease to apply in the event of a sale, transfer or other disposition of the real property(or any
portion thereof or any interest therein)that is subject to any such lien.
(e) Temporary Construction Easement. Upon the request of the Developer, any owner when
so requested by the Developer will grant to the Developer a temporary easement for access over,across,and
upon such portion of its property as shall be reasonably requested by the Developer for the initial installation
and construction of the North-South Road. Said temporary easement will be prepared so as to terminate
upon completion of the initial construction of the North-South Road. The Developer shall restore any
improvements damaged during its use of any such temporary construction easement.
(f) Construction Liens. The Developer shall keep the other Parcels at all times free and clear
of construction liens, mechanic's liens and any other liens for labor, services, supplies, equipment or
materials purchased or procured, directly or indirectly, by or for the Developer (or any entity related or
affiliated with the Developer). The Developer agrees that it will timely pay, satisfy or otherwise
discharge all liens of contractors, subcontractors, mechanics, laborers, materialmen and others of like
character on account of such a lien or the enforcement or foreclosure thereof. In the event of non-
payment or non-satisfaction of any such lien . , I veloper, the owner of the parcel shall have the
right,but not the obligation,to pay off o 'f: :: i4 •. . ovide the Developer with a bill covering
a
all costs and expenses of the develo• � r i, :. suc• : •' b :' y such bill is not paid within twenty
(20) days, then (a) the amount of -• !1; together with in • .- •-.n at lesser of eighteen percent per
annum(18%)or the highest rate low.' . . ' shall constitute a ien . the Developer's property,unless
and until paid; (b) the parcel o• .., --... . i. e Pub.'c • ords of Collier County, Florida
againgain Developer'sfor said amount;and(c)may,
st the . �� •, an, . � a:.-:� . •,, • .,: y �- �.=vel•
at the parcel owner's option, $ Ic . . . , : ,d interest, costs and reasonable
attorney's fees of any such ac•• ;•.• ,. J: .i, . � c ien, and shall be recoverable in the
event the parcel owner prevails •. . , •
12. Notices. Any n ; request,demand, ' ,:��':
OR: 3635 PG: 1684
business days after depositing the same in a letter box or by other means placed within the possession of the
United States Postal Service,properly addressed to the party in accordance with the foregoing and with the
proper amount of postage affixed thereto. In the event of any notice via facsimile transmission,a hard copy
shall be sent via regular mail on the day of such transmission. Any such transmission received after 5:00
p.m.Eastern Standard Time(or Daylight Savings Time,whichever then applicable)shall be deemed to have
been given on the next following business day.
The addressees and addresses for the purpose of this Section may be changed by any party by
giving written notice of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in effect for all purposes.
13. Governing Law/Venue. This Agreement shall be construed in accordance with Florida
law (exclusive of choice of law rules). Venue for any action arising hereunder shall lie exclusively in
Collier County,Florida.
14. Prevailing Party. The prevailing party in any litigation involving this Agreement shall
be entitled to recover from the non prevailing party all attorneys' fees,paralegal fees and costs incurred in
connection with such litigation,at arbitration • : , • otherwise,including reasonable attorneys' fees
and paralegal fees in the enforcement : -- • it , 1 41,,I der. The owners of the parcels herein
described shall onlybe liable for .. ,, • r • on of i Itit during their respective periods of
it
ownership, and in the event any :aeo• is brought for reco •a-• • monetary damages for any breach
hereof, the claimant shall look .•lel, -- - ••terest of the th a o of the parcel in breach for the
recovery of such monetary •: :ges - -
15. No Third P A, iF l� � .� -s greement are for the exclusive
benefit of the parties, their h: vid ; •d as , •t as otherwise provided herein,
and not for the benefit of an • �' a , :011111,7113:.
,;.s A - - ,, deemed to have conferred any
rights, express or implied, up• , third person. No • ,i,,,.._ : •'• : g herein to the contrary, it is
recognized by all parties hereto 11:%,..• e Investors an•', v • .e), c. is presently under contract to
purchase Parcel 1 and Parcel 2 ` • • Contract"). For p ;is,.f this paragraph, the term "Prime"
shall mean and refer only to Prime :• T. • and Develo, ,, •r to a corporation that is the assignee
of the interests of Prime Investors : • D `._y►T---. . t.. • d under the Prime Contract; provided,
however that (i) said assignee shall hay -n ••II-
Y jority shareholders as Prime Investors and
Developers, Inc. and (ii) Prime shall provide written notice to the owners of the Parcels within ten (10)
days of any such an assignment and the verifying shareholder information. In the event of an assignment
not complying with the foregoing terms,all of Prime's third-party beneficiary rights referenced hereunder
shall immediately cease. Provided that the Prime Contract is in full force and effect and Prime is not in
default under the Prime Contract, it is recognized by all parties hereto that Prime is a third party
beneficiary of this Agreement and as such, has a vested interest in and to the terms hereof. Once this
Agreement is executed,no changes,modifications and or alterations to this Agreement shall be permitted 1
unless same shall be in writing and has the written consent of Prime;provided,however,consent of Prime
shall not be required under the following conditions: (i) the Prime Contract is no longer in full force or
effect or (ii) Prime is in default under the Prime Contract. In any event, the requirement for Prime's
consent under this paragraph and Prime's third-party beneficiary rights hereunder shall cease and
terminate as of October 31,2004.
16. Partial Invalidity. If any term or provision of this Agreement or the application thereof to
any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, such term or
13
OR: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s) of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
18. Covenants Running with Land. All of the provisions of this Agreement,including all of
the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels, without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
19. Inte ,retation of I • , • . r�th 1 1. ssly provided, the term "owner" when
used in this Agreement shall be •_- .41,5,. .„ •r e and , i4- . •• , and the owner's successors,assigns,
or successor in title.
20. Integration. r.. ..... _ " " es i e. tire ",, Landing of the parties with respect
to the subject matter herein,an. - ., :,1: .s.,, . all prior understandings.
21. Coante g ^ g . execs m i umber of counterparts,each of
which shall be deemed to be as .. `o .ture appears thereon and all of
which shall together constitute ,u,. : s d the same ' • .s ,..
, ...022. Recording. • .., _y .- i t shall be = . 'r' + • Public Records of Collier County,
Florida. O� T Ct�1
IE CIV I
•
{SIGNATURES BEGIN ON NEXT PAGE)
14
OR: 3635 PG: 1686
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
first above written.
WOLF CREEK ESTATES:
WOLF CREEK ESTATES,LLC,
a Florida limited liability company
By: Catalina Land Group,Inc.
I/ a Florida corporation,
_1V / _ . its Manager
Print Name. ., - .•. L L. Li '
►. 11. a 4 b . ...! By: *`ibt
Print Name: . ,:N. ik. _ William L.Hoover,President
ds."-- �R COU
STATE OF cLp�' `vi
C ss.
COUNTY OF C[')II 4,r
9 .11111111 ,
The foregoing instrument : •• w :• • be' e - T . t of 2004
by William L.Hoover as Presi e •• e,d , t,• ' •+,Oa,•orporation, e mann of Wolf
Creek Estates, LLC, a Florida 's;A : . , -• i• .!, . ,:i.• • I entities who is(/personally
known to me or( )has pr.. vidence of identification.
L
(SEAL) 0i, ,��`roo _& a / . 0. .d. _ �.
*4,,M;►�4r* COMBRANDy A.PASSION TlIE C1' P :4 c
41$ EXPIRES:February 16,2007
m'44.or,,, Bad•0 Tin&dpi Nom Services (Type or Print)
My Commission Expires:
15
OR: 3635 PG: 1687
HOOVER/FALLEN TIMBERS:
, ./ i a
Print N. : G.1,3%7L. Or. ou�c..T.. William L.Hoover,as Trustee of Fallen
Timbers Land Trust dated November 5,2003
ne
Pent Name:_ -
STATE OF cL�' 2►.4f► )
)ss.
COUNTY OF )
�N\
The foregoing instrument was acknowledged before me,this 2W of , 2004
by William L. Hoover, as Trustee of the Fall.. .. _ . d Trust dated November 5, 3, who is(./1
personally known to me or ( ) : po'd 0 as evidence of
identification. Q
1.1
(SEAL) *�le •%kt'* My-., Y #1141119101111110 kik„ , immr. ., ., • .:�, '
'N'orne164' )1' -7„si,:.-1,7-1, ,,7n liTiti., A
r. ) %V- u ' • t)
>Q
16
OR: 3635 PG: 1688 ..
,
,
i . . .usr i: 3
bej 1
_ ../......6 ./,' ., Ale ,Aimile , A 1 A
PrintN. _hvi274,0',7,AP41,_ ,v Mark L. mder,as T -- under
. " ---
40
Unrecorded Land Trust U/T/D January 4,1999
:
/__,...assirr147-.;.-'11-TK;4.77WINVAgri r.LI:r r
'
STATE OF 114C/5.56'''rillefiS)
COUNTY OF E-SSC,C. )
,
The foregoing instrument was acknowledged before me,this 3 of AU Qtk.74 , 2004
by Mark L. Lindner, as Trustee under that unmeord-• 1,.and Tru lath.D January 4, 1999 who is( )
personally known to me or ( ) has produced ,... •Stf,ARM' as evtd ,ce of
identification /
.....-"-
ollylpirop),•„,,,
(SEAL)
e-,P
N...., Name: • ,40)113.6 i.dr / 'ft
ype o -rint) ITIFA , 4
-
' -.it L.ission ,ires: Al 4! A \
'
-
. < •...;
C P V l'7"" .0104:•"44,
'
(A
c....,
o
S.
..............-, ..
TJ)....
(-0 4, . , - - .,,.. .-‘.k.4t.
' --;: - . '4:" •
1 ILE
C-11
,.,- . •.":..„,...':AA.,.,
*••• . _,.p..1...r7
1
I
17 ,
Z1 'd 886Z 9E6 6EZ A183NO3/1S131› 1106A Hd8E: 1 VOW-EZ-8
, -. ..
OR: 3635_ PG: 1689
I 7 '" NDN UST 2:
Print ,.AO="/ / !�7 (SPO Mark L.Linder,as Trustee under
/� Unrecorded Land Trust U/T/D May 21,1999
lill
----7, : . lio1/4/ t Ai•/AAA.
STATE OF )
)ss. •
COUNTY OF '^fo` )
The foregoing instrument was acknowledged before me,this A 3 of/4RJO(.JS 2004
by Mark L. Lindner, as Trustee under that unrecord .,Land Trust U/T/D May 21. 1999 who is ( )
personally known to me or ( ) has produced `#Ii -..-.;,,... as eviden of
identification.
/
(SEAL) 411111Mis!��sr.../Adir -AI
Q ,ame: X6:11:4 l : _•
C (Type or•rint)' 1 . if
M Commission Expires: r.k•_ . r —I`�d 3 k
(11Cop____,....rt..,...., •,..
t.o.:...,
1 '3�r� j,s4 •-: 04 A
w,` s.+t
(0) 0 pyr
- '`' '�+ .; - ,
fj C4* •
,,..,.,.
G
21-fEC
18
•
E l 'd 8862 9E6 66Z Ald3>103/1S I 31>I 110d. INd6£: l VOOZ—EZ-8
OR: 3635 PG: 1690
BUCKSTONE ESTATES:
BUCKSTONE ESTATES,LLC,
a Florida limited liability company
41 By: Catalina Land Group,Inc.
' a Florida corporation,
1._,. 111L its Manager
Print Name: <
►i1 . o : . ••. By: 5
Print Name: P-t_aller410.11rirt. William L.Hoover,President
STATE OF rt62....tu:\ )
ss.
COUNTY OF D -3\.\\..qs-
NV,R
C
The foregoing instnunent :, A owledged before me, s lof 2004
by William L. Hoover as Presi• t _. .: .. Land sup, Inca a "orida corpora the manager of
Buckstone Estates, LLC, a Fl 'da :bil'. co y, on of said company who is ( 4
personally known to me or »� ter: as evidence of
identification.
�4 Y
+ * My ra
RES: ` ;,2D07 (Type or Print)
'34:4,15r,01, e�.aTMY: to on Expires:
711E, CA-C-1
19
OR: 3635 PG: 1691
EDIT A
PARCEL LEGAL DESCRIPTIONS
Parcel 1: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D January 4, 1999)
The South 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida,less
the south 145.00 feet thereof for road right-of-way.
Parcel 2: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D May 21, 1999)
The North 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 4: (Owned by:Wolf Creek Estates,LLC)
The North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section
34,Township 48 South, ' •:aral x''i i.•
Ter County,Florida.
t
Parcel 5: (Owned by:Wolf Cr. fa'es,LLC)
The South 1/2 • th o ,_est ' •= orthw-.t 1 of Section 34,
Township 48 ••u ,Ran le 2• oilier oun , o 'da.
Parcel 6: (Owned by:Wolf CEsta es,L )
The South 1/2 `0 Southeast 1/4 of th orth e • •f Section
34,Township 4''C,, th,Range 26 East, ,; ••4, orida.
C
Parcel 7: (Owned by:Bucksto �7 �- LLC)
T • C.
The South 1/2 of the No II - i/• • 3: outheast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 8: (Owned by: William L.Hoover,as Trustee of the Fallen Timbers Land Trust dated November 5,
2003(owns west half of described parcel)&Buckstone Estates,LLC(owns east half of described
parcel))
The South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida.
Parcel 9: (Owned by:Buckstone Estates,LLC)
The North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section
34,Township 48 South,Range 26 East,Collier County,Florida
Less and except that real property conveyed to Collier County in that certain
Warranty Deed recorded in Official Records Book 3573,Page 0782 of the Public
Records of Collier County,Florida.
20
OR: 3635 PG: 1692
Parcel 10: (Owned by:Mark L.Lindner,as Trustee under unrecorded Land Trust U/T/D January 4, 1999)
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN NORTH
89°46'10" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST
CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4
OF SAID SECTION 34; THENCE RUN NORTH 02°14'20" WEST, ALONG THE
EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE
RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THENCE CONTINUE NORTH 02°14'20" WEST, ALONG
THE EAST LINE OF THE SO s-'A 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 34,FOR A DIS i`(`• T TO THE NORTHEAST CORNER
o
OF THE SOUTH 112 • ' +�,*`.~'-'• '�.�i �� I SOUTHEAST 1/4 OF SAID
SECTION 34;TH Ly,`.�s ' NORTH 89°47'37447' ALONG THE NORTH LINE
OF THE SOUTH 2 • I SOUTHWEST 1/4 • . SOUTHEAST 1/4 OF SAID
SECTION 34, .•R ' +' •i'` • 22.04 TO THE NORTHWEST
CORNER OF •I S 4 = - *F "-I SO r► S 1/4 •F THE SOUTHEAST 1/4
OF SAID S • O�' I ' • . 13' `•" EAST, ALONG THE
WEST LINE IF IA1 r j► +.F •0 I • ST 1/4 OF SAID
SECTION 34, • • 2 • , . .kw T• • :OINT ON THE NORTH
k!lict :RIGHT-OF-W. �.•_ s �• •.. « ROAD; THENCE RUN
SOUTH 89°46' T, ALONG THE 'e '. RI cAtI F-WAY LINE OF SAID
VANDERBILT .��;,ww ROAD, FOR A = �* 1,322.20 FEET TO THE
POINT OF BEG i':'r* CONTAINING 15.: ORE OR LESS.
Less and except that .: . • - •• : •' � .ii ,. Collier County in that certain
Warranty Deed recorded • �1(.«, .- .ook 3573,Page 0780 of the Public
Records of Collier County,Florida:
Parcel 11: (Owned by:Buckstone Estates,LLC)
The West 330 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4
of Section 34,Township 48 South,Range 26 East,Collier County,Florida.
21
OR: 3635 PG: 1693
GENERAL LOCATION MAP OF PARCELS AND
GENERAL LOCATION OF NORTH—SOUTH ROAD
EXHIBIT "B"
Genera/Location Map ofParce/s
#6 #50OA
- ---
- #7 a #7 Napes„m,
•
,it 111 It, !. F.". Nagai'Land
D ciacstaid
wane Wolk
PUO Residents, •
d
#9 �
( a t ti Mission Hlb
Shopping Caspar A
8-
A-2 #10
(
Waded*Swat Reed
\a-1
EXHIBIT"B"
22
OR: 3635 PG: 1694
INTERSECTION IMPROVEMENT COST ALLOCATION
Parcel Owner's Share of
Intersection Improvement Costs
#4 f" #7 Lad Awes Law
- 3% a B%
11)1111)-; r----"vid
'Tom ARO Lind
Nand Wand
PUD ResNrNY i `I> ,
I 0,44N �
,..)C 1296
-r
Allfailan hes
Shopping Center
#10
9.5% A-2 9.5%
Valdosta IBeech Road
A-1
SII
it
EXHIBIT"C"
23
OR: 3635 PG: 1695
POINT"A-1"TO POINT"D"
PRELIMINARY OPINION OF PROBABLE COST
BLACK BEAR RIDGE
PHASE I
Preliminary Opinion of Probable Cost
A-4veRCO
Li
Prepared for:
v y,HOO R
4' 1111
tt 0-kiiita it 4
I(.., 05 E-
U
Q.Grady Minor&Associates,P.A.
3800 Via Del Rey
Bonita Springs,FL 34134
(239)947-1144
' (239)947-0375(Fax)
May,2004
C___5=2:_- 16L—D-1.„5/13/04-
Norman . bilcock,P.E.P.
Florida Registration Number 47116
rmosemiree.d...sal r..w.iwrco...p 4..
EXHIBIT"D"-Page 1 of 3
24
OR: 3635 PG: 1696
'lack Bear Ridge-Phase I Badaet
Off-alte Imprevemeots
Item-North-South Outer Loop Stead Quadty Unit Price Total
1 Clearing and Grubbing 2 AC $3,500.00 $7,000.00
2 Silt Fence 2,100 LF 5150 54,200.00
3 Fib 1,500 CY $9.00 $76,500.00
4 Final Grade 1 LS $6,500.00 $6,500.00
5 Valley Gutter 2,700 LF S5.50 514,/50.00
6 r Lnnerodc Base(compacted and primed) 4,100 SY $7.50 $36,000.00
7 12'Stabilized Subgra& 5,750 SY S225 512,937.50
1 3"Asphalt 4,100 SY $1.30 540,500.00
9 Signing&pavement markings 1 1.5 $6,500.00 $6,500.00
10 Sodding 5.100 SY $1.50 $1,700.00
11 5'Wide Cooaee Sidewalk 1,500 SY $16.50 $24,750.00
12 4'Limmock(under sidewalk) 1,500 SY $4.50 $6,750.00
13 Maintenance ofTraffic 1 1.5 52,500.00 52,500.00
Sub-total gentglatIonas 5247,917.50
Vanderbilt Beaeb Road Intersection
Improvements a •idly Unit Price Total
1 Tum Lanes Couplets(WB Rt.EB LI) 540,000.00 510,000.00
2 Sigaalbation AV,R. uckt ..000.00 $130000.00
3 Side Drain Drainage(4 DBI,DBL run 36") I. •• .00 335,000.00
4 Lighting i t. • . • 525.000.00
f^�„j Sub-toW 527eo00.o0
Item-North-South Outer d
Sanitary Qrantl Unit? T tai
1 Y'PVC Force Main(C-900 T, $21,•.•.00
2 /'Ping Box
3 Hot Tap Future
1e 16`Force • oo200) 1,400 Lf
I �, u �r 00
Item-North-South pate
Water Main Quantity Unit ' - .
Hat Tap Heisting 30"Reinf Cur V� -
C '
1 (or et•jib and tap raw prop 24" ,ti 1 1S' 53 , • C),000.00
2 12•PVC Water Main(CL s,700 00
3 12'Gee Valve vs/Box ~ 2 EA $3,000.00
4 Fan Hydrant(Complete Amembly) Q j� 2 EA • $4,100.00
J Pongee[Bacterial Sample PointC� T - •, .00 $1,000.00
6 Temporary Banters!Sample Point f ...00 5900.00
7 Air Retrace Valve 51,550.00 53.100.00
Sob-Total MONSONNIM $13,500.00
Item-North-South Omar Loop Road-
Drainage Quentin, Unit Prim Total
1 Control Structure 1 EA $4,000.00 $4,000.00
2 15'RCP 100 LF $23.00 52,300.00
3 11'RCP 350 IF 525.00 $1,750.00
4 24"RCP 1,200 LF 534.00 540,100310
3 Valley Gutta Throat inlet 6 EA $2,000.00 512,000.00
6 Grata Inlet 4 EA $1,700.00 $64100.00
7 Jmcdon Box 1 LA $1,150.00 514,100.00
/ IS"Plated End Seaton 1 EA $900.00 $900.00
Sub-Total gininggiggi 350,35600
Ott-SiteTetake gliggiffeggEgy$728,097.50
5/14/2004
EXHIBIT"D"-Page 2 of 3
25
OR: 3635 PG: 1697
Black Bear Ridge-Phase I Budget
Assumptions
Construction stake out excluded.
Permit fees excluded.
Impact fres excluded.
Engineering fees excluded. •
Testing services excluded.
Street lighting excluded(except VBR intersection).
Conservation Area
No mitigation,or replanting costs included(clearing only).
Sewer -
Sewer profile has been adjusted to include AVJR. Corr,
l
service for the potential lots on the Com -,Qf V
Drainage '
_ l.
Water
Will provide water service stubs • 2, rr",11
t,
Earthwork and Clearing N
Fill from lakes is limited to only 1• ` vation depth below existing • • D' . - , ion.
An average of 1.6 ft of fill over the 4r loped site. 0
Rock excavation,rock crushing and . • . _ '_incidental to the lake exca~
Paving (.0
Sidewalk cost included in initial infrastructure.
Pit
i C...
Offsite
inner loop road to be built by others,including turn lanes to serve site(no costs assumed).
Vanderbilt Beach Rd 6 lane improvements in place(I.e.force main).
Vanderbilt Beach Rd temporary turn lanes not required(Le.payment to county to build improvements
to support project and to built as part of 6 lane improvements).
/6% c I
EXHIBIT"D"-Page 3 of 3
26
OR: 3635 PG: 1698
Q. GRADY MINOR,P.E.
1415 Panther Lane, Suite 232
Naples,Florida 34109
Phone 239-591-6795
Fax 239-591-6732
July 23,2004
RE: Estimate of Engineering, Surveying&Permitting Costs for Pristine Drive Segment One
Engineering Design and Permitting of Pristine Drive $35,000
Engineering Design and Permitting of Vanderbilt Beach Rd. Int. Improvements $10,000
Pristine Drive Permitting Costs $1,500
Estimated Costs for Engineering Design and Permitting $46,500
Construction Engineering for Pristine Drive $9,372
Construction Engineering for Vanderbilt Beach Rd. Int./ROW Improvements $4,565
Total Estimated Costs for Constructio gigiftertrio $13,937
Construction Surveying for Pris ve $18,656
Construction Surveying for V., der.' : - . . Rd.Int./RO p •vements $6,017
Total Estimated Costs for Co i cti t eying $24,673
•
0 V 1""
..SIE CI
308A51engrcosts
EXHIBIT"E"
27
*** OR: 3635 PG: 1699 ***
INITIAL DENSITY ALLOCATION-WOLF CREEK PUD
Wolf Creek PUD's Initial
Residential Unit Allocation
81 81 ' COO
#4 #11 #7 Cal AVMS;Laad
81r — ` 41
( 111 7ify N•per s Land
U Tam Garr Land
Ishind Wolk
PUD Reolderild
C4
c 81
Minion NM
Mapper,Confer
#1 :- 1p
64 A-2
Vandal*"lmmloRad
A-1
Total of 147.89 acres and 591 Units
EXHIBIT"F"
28
GoodnerAngela
From: Steve Bracci <steve@braccilaw.com>
Sent: Friday,July 7, 2017 4:25 PM
To: Richard Yovanovich; R. Bruce Anderson; SaundersBurt; TaylorPenny; McDanielBill;
SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Attachments: CSA - Density- Runs with the Land.pdf
Dear Commissioners:
Black Bear Ridge concurs with Mr. Yovanovich's assertion that the presently pending 215 unit Pristine Reserve site plan
exceeds the allowable 80 units density on the Mederos parcel. Black Bear Ridge also concurs with Mr. Yovanovich's
concern about Mr. Anderson's representation to the board about Pristine Preserve needing a preserve reduction to
accommodate larger lot sizes, when in fact the pending site plan indicates that it is really needed to accommodate a
density increase. Black Bear Ridge also concurs with Mr. Yovanovich that any board approval of a reduction in preserve
area should be with a stipulation that development of the Mederos parcel is limited to 80 units,since the owner elected
to go the "insubstantial change" route rather than the "substantial change" route.
As to who owns the remaining 103 density units per the Cost Sharing Agreement, Black Bear Ridge disagrees with Mr.
Yovanovich. Notwithstanding all of the documentation that Mr.Yovanovich just provided you,the fact is that the Cost
Sharing Agreement allocates density, and it is clear that the density"shall run with the Parcels." See the attached two
pages from the Cost Sharing Agreement highlighting these provisions.
Since all of the Black Bear Ridge lots are now privately owned, and Stock turned over control of the HOA(and thus the
common area) in 2013, Black Bear Ridge residents and their HOA now own 100% of the Black Bear Ridge "Parcel" and
Stock owns 0%. Since the Cost Sharing Agreement provides that the density"shall run with the Parcels," Black Bear
Ridge owns the density, not Stock. While Mr. Yovanovich states that "at no time was the excess density assigned to
[Black Bear Ridge],"the Cost Sharing Agreement clearly provides that the benefits run with the land and "without the
necessity of a formal assignment."
Black Bear Ridge appreciates that Stock is doing the right thing as the developer by re-committing to complete its
already-existing obligation to pay for the off-site intersection improvements at Vanderbilt Beach Road and Pristine Drive.
This has been a documented developer obligation since as far back as 2005.
Sincerely,
Steve Bracci
fI
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
1
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: Richard Yovanovich [mailto:ryovanovich@cyklawfirm.com]
Sent: Friday,July 7, 2017 3:48 PM
To: R. Bruce Anderson ; burtsaunders@colliergov.net; pennytaylor@colliergov.net; McDanielBill ;
andysolis@colliergov.net; FialaDonna ; KlatzkowJeff; nickcasalanguida@colliergov.net; michaelbosi@colliergov.net
Cc:Steve Bracci
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
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.
2
Richard D.Yovanovich Esq.
Coleman Yovanovich & Koester, P.A. COLEMAN
4001 Tamiami Trail North,Suite 300 Naples, " `
4 34103
(2VANOVICH
` E T R
(239)9) 435-3535
(239)435-1218(f)
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 <WilliamMcDanielJr@colliergov.net>;
andysolis@colliergov.net; FialaDonna<DonnaFiala@colliergov.net>; KlatzkowJeff<JeffKlatzkow@colliergov.net>;
nickcasalanguida@colliergov.net; michaelbosi@colliergov.net
Cc:Steve Bracci<steve@braccilaw.com>; Richard Yovanovich <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 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.
3
Thank you very much.
Sincerely, Bruce Anderson
R. Bruce Anderson
Attorney at Law
CHEFFYPASSll OMO Cheffy Passidomo, P.A.
"7O t$ ,T L.,W 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,
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
l')If
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
4
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.
5
OR: 3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s)fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1,Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof: Parcel 1-64 units;Parcel 7-41 units; and all other parcels in the PUD-81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a)hereof) from the owner of Parcels 7 through 9, inclusive, ("Seller") up to 92
dwelling units which have been allocajted< y,• r ►: -ction (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exer ' ••;`. /3'-•. •--. 4,-pore than two transactions on or before
December 31, 2005 ("Expiration . e purchase pn -1' h individual dwelling unit shall be
$500.00. In the event Purchaser ^c'�'to exercise this option, cha shall,on or before the Expiration
Date, notify Seller of the number ` ,,:._ o . . •,• •. Clo 'ng'of any such purchase of dwelling
units shall occur within 20 da of,Seller's re•.-'S • :tic: from chser. The purchase price shall be
paid in cash,wired funds,or cas er s c a':1 7 7an pffice in Collier County,Florida
or such other method as may ,e aSic- tabl t the ` `` is Sole!discretion. Seller shall have the
sole discretion to determine fid • --�'••_ •' t ,ling;., a(-e'aSsigned. Purchaser shall pay all
costs associated with the • • er of dwelling units. '. 's oNtio �l terminate on midnight of the
Expiration Date and be of no ?'�=, orce and effect.
11`
(c) Contingency. In y t any statute, law, Li
• /'ce,resolution,rule,or regulation is
adopted and enforced bythe state, .fi • . a .• . • , .`i entity (or anyagency or department
P � g Y eP
thereof) that would have the effect of .tr. ..-c ,. 1,1 i e number of dwelling units that can be
constructed within the Wolf Creek PUD(in its'entraP,the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33%of any such temporary allocation and Parcels 4 through 9 shall be allocated
67% of any such temporary allocation; provided, however,that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation,as described in Section 3.9.5.5.3 of the Collier County Land Development Code,as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
•
011: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s) of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
Immo* 18. Covenants Running with Land. All of the provisions of this Agreement,including all of
the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels,without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
all""*- 19. Interpretation of i • 1 tl e . essly provided, the term"owner"when
used in this Agreement shall be deemes ; +3e and me:i i - • •er and the owner's successors,assigns,
or successor in title. / C/' -�
20. Integration. eitnentkem .les e\entire :.d 'tanding of the parties with respect
to the subject matter herein,an the .- . —:•1 ra ... :.s." , e' all prior understandings.
21. Counterparty, , s ,gr m . y .„ exec' :s in iy Jnumber of counterparts,each of
which shall be deemed to be _ as s 1-... r: ..-o ,, tore appears thereon and all of
which shall together constitute*. d the same instrum- j i,
�` -ti
22. Recording. This ,...? ---, ent shall be recor• Public Records of Collier County,
Florida. t ` ,..-- .),\-
1:1-41E C:1
{SIGNATURES BEGIN ON NEXT PAGE}
14
Good nerAngela
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
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.com>
www.napleslaw.com<http://www.napleslaw.com>
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<ma ilto: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?
2
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
<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
<WilliamMcDanieIir@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
3
Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
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