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Backup Documents 10/25/2011 Item # 8BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, August 19, 2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD /Zonine Person: Kay Deselem, Principal Planner Date: August It, 2011 Petition No. DRI- 2006 -AR- 10147: Hacienda Lakes DRI Petitioner: Hacienda Lakes of Naples, LLC; 3921 Prospect Avenue; Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Dwight Nadeau, AICP; RWA Inc.; 6610 Willow Park Drive, Suite 200; Naples, FL 34109 and Richard D. Yovanovich, Esquire; Coleman, Yovanovich & Koester, P.A.; Northern Trust Bank Building; 4001 Tamiami Trail North, Suite 300; Naples, FL 34103 Hearing before: X BCC N/A BZA N/A Other Requested Hearing date: Tuesday, September 13, 2011. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: DR.I- 2006 -AR- 10147: Hacienda Lakes DRI --A Resolution of the Board of County Commissioners of Collier County, Florida approving a Development Carder for Hacienda Lakes, a Development of Regional Impact located in Sections l l through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and medical office including a conversion of retail use to professional and medical office, a 135 -room hotel including a conversion to business park, 140,000 square feet of business park or educational facility, a public school, and continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy" attraction; providing for Findings of Fact; providing for Conclusions of Law; and providing an effective date. (Companion to Petitions PUDZ- 2006 -AR -10146 and CP- 2006 -11) Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Revi wed by: ivision Administra14 or Desig ee List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS 0 9-i z -Z14V Date For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request I] for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFFICE USE ONLY: Q Q� Date Received: v t Z Date of Public Hearing: / h.3//`-/ Date Advertised: c� Z 88 Teresa L. Polaski From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, August 12, 201111:16 AM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo Subject: DRI- 2006 -AR- 10147: Hacienda Lakes DRI Attachments: ad for BCC signed 8- 12- 11.pdf, DO 7- 1- 1l.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. NOTE: PLEASE USE THE TITLE SHOWN ON THE FORM NOTTHE ONE ON THE DO. Should you have questions, please contact me. Thankyou! Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeseletn@collier og v.net Under Florida Law, e -mail addresses are 'public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 'o n RESOLUTION NO. DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY APPROVING A DEVELOPMENT ORDER FOR HACIENDA LAKES, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; WHICH WILL ALLOW 1,760 RESIDENTIAL DWELLING UNITS, 327,500 SQUARE FEET OF RETAIL USE, 70,000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL, 140,000 SQUARE FEET OF BUSINESS PARK OR EDUCATIONAL FACILITY, AND CONTINUATION OF EXISTING JUNIOR DEPUTIES PASSIVE RECREATION AND EXISTING SWAMP BUGGY ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, on July 21, 2006, Toll- Rattlesnake, LLC, in accordance with Subsection 380.06(6), Florida Statutes, filed an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Toll- Rattlesnake with Collier County (DRI- 2006 -AR- 10147) and the Southwest Florida Regional Planning Council (DRI No. 06 -492); and WHEREAS, pursuant to Florida Administrative Code's DRI Rule 29I- 4.001(5) the Executive Director of the Southwest Florida Regional Planning Council (SWFRPC) administratively approved an initial 45 -day sufficiency response extension, and the Regional Planning Council approved nine (9) subsequent sufficiency response extensions; and WHEREAS, on January 26 and 27, 2010, Wilton Land Company, LLC obtained title to the majority portion of lands within the DRI; and WHEREAS, on October 14, 1982, Swamp Buggy Day, Inc. (now known as Swamp Buggy, Inc.) obtained title to a minor portion of the lands within the DRI; and Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 1 of 55 WHEREAS, on December 27, 1995, Collier County Junior Deputies League, Inc. obtained title to a minor portion of the lands within the DRI; and WHEREAS, Hacienda Lakes of Naples, LLC is authorized by Wilton Land Company, LLC, Swamp Buggy, Inc., and Collier County Junior Deputies League, Inc., (hereinafter collectively "Owner ") to continue to pursue Development of Regional Impact approval of the property subject of this Development Order. (The term Owner shall include its successors and assigns of each of the Owners); and WHEREAS, for the purposes of this Development Order, the "Owner" commitments set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and/or assigns. The "Owner" commitments herein shall not be enforceable upon Swamp Buggy, Inc., nor Collier County Junior Deputies League, Inc., except to the extent it is a requirement related to the land owned by same. WHEREAS, on July 21, 2010, Hacienda Lakes of Naples, LLC, (herein "Developer "), responded to the fourth sufficiency review with a revised Application for Development Approval (ADA) of a Development of Regional Impact (DRI) now known as Hacienda Lakes filed with Collier County and the SWFRPC under the same review agency application reference numbers. (The term Developer shall include its successors and assigns); and WHEREAS, Developer has obtained all necessary approvals from Collier County agencies, departments, and boards required as a condition to Planned Unit Development zoning, Comprehensive Plan Amendment, and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 2 of 55 • Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on ; and WHEREAS, the Board of County Commissioners approved Resolution No. 11 -32 and Ordinance No. which approved changes to the Comprehensive Plan as included in application No. CP- 2006 -11 for the property; and WHEREAS, the Board of County Commissioners adopted Ordinance - on , which rezoned the subject property to The Hacienda Lakes MPUD; and WHEREAS, the issuance of a Development Order pursuant to Section 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding title issuance of other development permits consistent herewith by the County or State; and WHEREAS, on , the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for Development Approval of a Development of Regional Impact submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 3 of 55 County Staff and the Environmental Advisory Council; and the record made at said hearing, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit "A ". 2. The application is consistent with Subsection 380.06(6), Florida Statutes, (2010). 3. The Developer submitted to Collier County, the SWFRPC, and Florida Department of Community Affairs an ADA and sufficiency responses, which are available for review at each respective agency. 4. The Developer proposes development of the Hacienda Lakes Development of Regional Impact, as shown on the Series of Map H attached hereto as Composite Exhibit "B ", and consisting of 2262.10 acres, which includes: A. 1,760 residential dwelling units; B. 327,500 square feet of Gross Floor Area (GFA) of retail use (convenience, general and specialty retail); C. 70,000 square feet of GFA of professional and medical office; D. A 135 -room hotel; E. 140,000 square feet GFA of Business Park or Educational Facility; F. Continuation of Junior Deputies passive recreation facilities; G. Continuation of the existing Swamp Buggy attraction, without the opportunity to include outdoor shooting ranges for firearms; H. 1,544.1 acres of preserves; I. Up to 20 acres of elementary school site to serve up to 919 students; and Hacienda Lakes, DRI-2006-AR- 10 147 711H2011 Page 4 of 55 [l� J. 1.3 acres of Emergency Medical site. 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The development shall not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the day of , 2011, that the Hacienda Lakes Application for Development Approval submitted by Developer is hereby approved, subject to the following conditions: 1. ENERGY The Hacienda Lakes Development of Regional Impact will incorporate the following energy conservation features as a part of each Site Development Plan or plat approval for all phases and land uses: Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 5 of 55 A. Provision of a combination bicycle /pedestrian system to be placed along public arterial and collector roads within the DRI which will connect with public and private bicycle /pedestrian systems in the DRI. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and multi - family residential areas. C. Within six months of the county's issuance of a certificate of occupancy for greater than 50,000 square feet of land uses permitted in the Commercial Tract C, the Owner shall construct, at no cost to Collier County one (1) bus stop /shelter within the project, as generally depicted and provided for within ADA Map O. design; D. Developer and Owner shall require builders to: (1) use prevailing, practicable energy - efficient features in window (2) install operable windows and ceiling fans; and (3) install Energy Star qualified appliances and equipment. E. Deed restrictions, covenants, and design guidelines shall include provisions requiring compliance with H through Q. F. Minimize heat island effect (i.e.: reduce local air temperatures and reflected light and heat) by minimizing asphalt, where practicable, through the use of concrete, rock and similar substances in streets, parking lots, and other areas; by utilizing shade trees adjacent to roads and parking areas; and utilizing where practicable, high reflectance paving materials (i.e: solar reflectance index (SRI) of at least 29). G. Installation of energy - efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 6 of 55 H. Use of water closets with a maximum flush of 1.6 gallons and shower heads and faucets with a maximum flow rate of 2.5 gallons per minute, or the use of the prevailing energy efficient bathroom fixtures available. I. Use of native plants, trees, and other vegetation and landscape design features in accordance with Section 4.06.05D. La., of the Collier County Land Development Code that reduce requirements for water, fertilizer, maintenance, and other needs shall be required. J. Planting of native shade trees for each residential unit. K. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. L. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. M. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. N. Provision for structural shading wherever practical when natural shading cannot be used effectively. O. Inclusion of porch or patio areas in residential units. P. Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. Q. The development will participate in Collier County's Single Stream Recycling (SSR) program. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 7 of 55 • R. Lighting for streets, parking, recreation and other public areas shall include energy efficient fluorescent/electronic ballasts, photovoltaics, low voltage lighting, motion sensors and/or timers on lighting and full cut -off luminaries in fixtures that comply with the International Dark -Sky Association. S. The developer shall not prohibit potential home buyers to select photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy efficient features as an option at their own expense. The above conditions shall be reported in the annual monitoring report. T. Site development shall comply with the Florida Green Building Coalition Certification Standards or equivalent green building standards, if required of all developers by Collier County. 2. HISTORICAL /ARCHAEOLOGICAL A. The Owner shall preserve in perpetuity the five archaeological sites 8CR556, 8CR878, 8CR881, 8CR879, and 8CR880 within Hacienda Lakes property and such sites shall be recorded as denoted AP (Archaeological Preserve) on Sheets 3 -12 in the MPUD Master Plan set. Such annotation (i.e., AP, Archaeological Preserve) shall appear on all applicable plats, and development order site plans that may be proffered in the future that are within 50 feet of the five defined archaeological sites. B. In areas where the archeological sites are located in the vicinity of proposed development, a buffer or conservation easement, a minimum of 25 feet in width shall be preserved, or upon approval of County equivalent protections, such as temporary fencing or other structural barriers, shall be constructed around the archaeological sites. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 8 of 55 R C. The five archaeological sites must remain undeveloped. An access easement of 15 feet, outside the conservation easement, around the archaeological sites for potential digs and further study shall be provided by the Owner upon County request at no cost to County. Disturbance to these five protected archaeological sites may only occur with County approval, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. D. Historical /archeological areas shall not be used to meet preserve requirements. E. The Developer shall reasonably accommodate the Florida Division of Historical Resource's (DHR) investigation of these sites by allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. F. If any additional archaeological /historical sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Owner shall contact DHR, SWFRPC, and Collier County so that a state certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. 3. HURRICANE EVACUATION /FLOODPLAINS A. (1) The following supplies and equipment shall be purchased by the Developer for Collier County Emergency Management in accordance with its specifications and in some cases sole source provider and delivered in new condition, free on board (FOB) to the Collier County Emergency Services Center. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 9 of 55 (2) The following contributions shall be a one -time contribution in full mitigation of all requirements of the current project scope of the Hacienda Lakes DRI: (a) Two (2) new 45kw towable portable generators with heavy duty diesel engine, sound insulated, manufactured by Godwin Pump and Generator to exactly match the supplies, equipment, and power distribution systems approved and currently in use; or near the time of equipment acquisition by the Developer, as approved by the Collier County Emergency Management Department. This is a sole source procurement to ensure compatibility and parallel operations of generators within Collier County's existing fleet and insure the ability to provide essential emergency portable power to additional evacuation shelter spaces consumed by the increased shelter census created by the Hacienda Lakes DRI. Collier County will assume all maintenance, repair, and replacement of these generators following satisfactory acceptance by Collier County beyond the warranty period. Delivery of the first portable generator shall occur prior to the issuance of the first residential certificate of occupancy. Delivery of the second generator shall occur at the earlier of (i) 24 months from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 300' residential unit within the development. (b) Two (2) new enclosed utility trailers for the storage and transport of the supplies noted above. Collier County will own and maintain these trailers and augment them with other minor disaster supplies in a fashion similar to its current disaster response unit (DRU) shelter supply delivery system. These trailers shall be new, from a Collier County approved list of vendor(s) and be at least 16 feet in length, dual axle load rated at 7,000 lbs. with trailer brakes, with laminate finish interior wall and floor finish, cabinets, shelving and load secure devices, Florida Department of Transportation approved for highway use, dropdown Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 10 of 55 PIK rear door and curbside door and extended tongue hitch length. At least one of the two trailers noted above must included interior AC wiring, lighting, a generator connection, circuit breaker and roof mounted air conditioning to allow the empty trailer to be used for special post disaster field offices, damage assessment and relief efforts identical to the County's existing fleet of disaster supply trailers. Delivery of the utility trailers shall occur at the earlier of (i) 12 months from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 150th residential unit within the development. (c) Four hundred and twenty -two (422) new military type adult folding disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and delivery systems and shall be provided at the earlier of (i) 48 months from the issuance of the first residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy for the 1200th residential unit within the development. (d) Seventy -two (72) new special needs disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and delivery systems and shall be provided at the earlier of (i) 36 months from the issuance of the first residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy of the 900th residential unit within the development. (e) All deeds to property located within Hacienda Lakes shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 11 of 55 B. The Developer has provided off -site hurricane shelter mitigation for the Hacienda Lakes DRI per Paragraph A above pursuant to commitments made as a result of negotiations with Collier County officials. 4. STORMWATER MANAGEMENT A. The Hacienda Lakes DRI shall require a South Florida Water Management District ( SWFMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Owner shall procure SFWMD Water Use Permits for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering activities, as determined by the SFWMD, proposed for construction of project lakes and/or road or building foundations. C. At the time of permit application, the Owner shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. D. During construction activities, the Developer shall employ best management practices for erosion and sedimentation control. These practices shall be included with or presented on all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. E. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of applicable construction. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 12 of 55 • a F. The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales are preferred and shall be used, whenever possible, rather than closed systems. G. Any banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. H. The Developer shall conduct annual inspections of the Hacienda Lakes Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. I. The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. J. The Developer shall undertake a regularly (every other month) scheduled vacuum sweeping of all common streets and parking areas within the development, The Developer shall encourage any private commercial parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. K. In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one -half inch of dry pre - treatment (retention or detention); Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 13 of 55 or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. L. Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. M. The grassed stormwater treatment areas shall be mowed as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be repaired immediately. N. The best management practices matrix and techniques shall be used in the Hacienda Lakes DRI, consistent with the requirements of the SFWMD. O. Underdrain systems and grease baffles, if utilized within the Hacienda Lakes DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. P. Stormwater management system maintenance requirements shall include removal of any mosquito - productive nuisance plant species (e.g., water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as from the lake littoral zones employed in the system. Q. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 14 of 55 :ICI shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. R. The Owner shall conduct a predevelopment determination of surface water quality in the portion of the Henderson Creek Canal proximal to the Hacienda Lakes DRI. The water quality parameters of total phosphorous, total nitrogen, biochemical oxygen demand, total suspended solids, lead, zinc, copper, and common lawn care pesticides shall be analyzed by a licensed vendor on a monthly basis at two sampling locations. The water quality monitoring program shall be conducted for an approximate five month period overlapping the dry season and wet season. S. Measures which will be utilized to mitigate potential adverse effects upon surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRI will include all proven effective best management practices (BMP's) which are appropriate at this Hacienda Lakes DRI. More specifically, these shall include proper timing and minimum applications of fertilizers, pesticides, and herbicides on the common areas of the property. T. Best management practices shall also be utilized to mitigate any adverse impacts from stormwater runoff. These BMP's shall include utilization of detention ponds, vegetative systems such as grassed swales, and water quality inlets (e.g. oil /grit separators). U. The proposed surface water management system shall consist of 5 basins. Controlled discharge from basin 1 shall be to the large wetland located to the east of the property and to the Henderson Creek Canal. The remaining four basins shall discharge to the large wetland located to the East of the property. The following is a summary of the Best Management Practices that will be utilized to accomplish additional water quality treatment beyond what is required by SFWMD: Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 15 of 55 i. Construction Pollution Prevention Plan outlining construction techniques and maintenance practices to reduce or eliminate the sources of stormwater pollution. ii. Urban Stormwater Management Program of non - structural controls intended to improve the quality of stormwater runoff at the source of contaminants. iii. 50% additional stormwater runoff volume to be retained. iv. Phyto- Zones - Basins within the detention areas that provide an area for runoff into the lake to disperse, so as to allow biological pretreatment. V. Planted Littoral Zone - providing increased water quality by removing pollutant by biological uptake of nutrients and other ions. vi. Increased Flow Path - Locate inflow and outflow structures to maximize effective treatment time. V. Spreader Swale use as the last step in the discharge train to provide additional water quality and decrease erosion, based on energy diffusion (spreading of discharge over a grassed weir instead of discharging through a single pipe). W. The project shall not substantially adversely impact the Rookery Bay National Estuarine Research Reserve. Negative impacts shall be avoided by following all regulations for water quality treatment and water quantity attenuation within The South Florida Water Management District Basis of Review Volume IV. The project shall also go above and beyond the water quality treatment by providing 150% of the required treatment. In addition, the project has been reduced from 0.15 cfs /acre per Collier County Ordinance 90 -10 to 0.06 cfs /acre. X. Developer shall install several culverts under Sabal Palm Road to improve the sheetflow across the Road from north to south. Y. The master homeowner association shall maintain the stormwater management system. Z. The stormwater management system of the project shall be consistent with the recommendations of the Southwest Florida Regional Planning Council (SWFRPC) with Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 16 of 55 Rom regard to the use of fertilizers and stormwater treatment as described in resolutions SWFRPC 07- 01 and SWFRPC 08 -011, to the extent adopted by Collier County. 5. TRANSPORTATION The following commitments shall be completed prior to the projected build -out date, or a date that may be approved extending the projected build -out date. A. The Developer shall provide efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as reasonably deemed necessary by Collier County. B. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. C. The neighborhoods shall be developed with a multi -modal street system that can accommodate pedestrians and bicyclists, thereby promoting alternative modes of transportation and reducing greenhouse gas emissions. uses. D. All residences shall be within a two radial miles of the commercial land E. For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific Hacienda Lakes, DRI-2006-AR- 10 147 7/1H2011 Page 17 of 55 order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA I. The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request. ") of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 18 of 55 Figure 1- Hacienda Lakes DRI - Commitment I Legend Existing Lanes /Turn Lanes L Lanes /Turn Lanes to be Constructed /Reconstructed Roadway Segment to be Constructed ?u�l Potential Areas to be Developed i Florida Power Line Easement 6. II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 19 of 55 improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office, and; 50,000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment I), and; I), and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment Required residential uses within Activity Center land use; These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 20 of 55 Figure 2 — Hacienda lakes DRI - Commitment 11 MINI'�I Residential Pod A� Florida Power line Easement III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future BenEeld Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Hacienda Lakes, DRI-2006-AR- 10 147 711H2011 Page 21 of 55 f:I] Legend q* Existing Lanes /Turn lanes Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed r� Roadway Segment to be Constructed Area Previously Developed Area to be Developed d _`- Potential Area to be Developed `° MINI'�I Residential Pod A� Florida Power line Easement III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future BenEeld Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Hacienda Lakes, DRI-2006-AR- 10 147 711H2011 Page 21 of 55 f:I] 8B 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value will be based on the date of conveyance. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Hacienda Lakes, DRI-2006-AR- 10 147 711H2011 Page 22 of 55 Figure 3 — Hacienda Lakes DRI - Commitment III tNIWNMA Florida Power Line Easement NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 23 of 55 • and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Figure 4 — Hacienda Lakes DRI - Commitment IV o L 1 Florida Power Line Easement Leitend q* Existing Lanes/Turn Lanes Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed =I, V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 24 of 55 entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: 140,000 Square Feet of Business Park, and; Residential Pod D. These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way free and clear of all liens and encumbrances and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County as of the date of conveyance. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 25 of 55 • logo 5 — Hacienda Lakes DRI - Florida Power Line Easement Legend 4 Existing Lanes/Turn Lanes L Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right of way reservation plans or construction plans for future Benfield Road sections. Upon completion Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 26 of 55 of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The cost of this improvement and the fair market value of 50% of the road right of way easement to the County will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 27 of 55 • VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The date of value of the Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 28 of 55 [1] right of way will be the date of conveyance. The area to be conveyed is depicted in Figure 7, below. VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) free and clear of all liens and encumbrances Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 29 of 55 • and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. The area to be dedicated is depicted in Figure 8, below. Fieure 8 — Hacienda Lakes DRI - Commitment VIII IX. The Owner shall pay for mitigation required for and State or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall either: (1) Convey drainage easement(s) to the County for their stormwater management facility needs free and Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 30 of 55 • e ,*No clear of all liens and encumbrances, or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. F. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share (as defined in the State of Florida's HB 7207) of impacted County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site related transportation improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any road right -of -way conveyance by donation to the County. The first transportation analysis shall be submitted to the County when 33% of approved development trips (1,109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six Hacienda Lakes, DRI- 2006 -AR -10147 7/1H2011 Page 31 of 55 months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. G. DRI traffic studies identified an off -site impact at the interchange of I -75 and S.R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound S.R. 951 to westbound (northbound) I -75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant (exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation. When the first transportation analysis required under section S.F. is undertaken (e.g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service, then the applicant will identify a solution to offset its impacts and/or restore acceptable operating conditions, and contribute its proportionate share, per section S.F., of the cost of the improvement to the appropriate government agency. If a proportionate share payment is identified as needed, the owner shall receive road impact fee credits for 100 percent of this contribution. 6. VEGETATION AND WILDLIFE/WETLANDS A. The Hacienda Lakes DRI shall preserve no less than 982.89 acres of native vegetation. B. The need for wildlife crossings and fencing designs for roadways crossing of the preserve areas shall be reviewed by the U.S. Fish and Wildlife Service (FWS) and the Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 32 of 55 Florida Fish and Wildlife Conservation Commission ( "FFWCC ") as part of the ERP permit process. C. Review of State listed species and habitat impacts /mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft Hacienda Lakes Preserve Area Management Plan submitted on March 18, 2011, shall be implemented for the preserve areas shown in the master plan Exhibit "B ". D. The Owner shall enhance the preserved wetlands and the wetland hydroperiods and shall maintain them to provide for the natural wet and dry cycles, providing foraging and habitat for wading birds. E. The Owner shall enhance wetland and upland areas to include the hand - removal of exotic and nuisance vegetation and supplemental plantings installed in areas with greater than 50 percent exotic coverage. F. The Owner shall preserve, enhance, and place in a conservation easement the 1,544± acres of preserves, including approximately 73 percent (1,283± acres) of the wetlands on -site. In addition, 3± acres of SFWMD Other Surface Waters shall be enhanced and preserved, and shall be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. Approximately 982.89 acres of the preserve is required native vegetation (by Collier County), that shall be preserved, enhanced and placed in a conservation easement in favor of Collier County, but maintained by Owner. G. Prior to commencement of construction, the limits of wetland preserves shall be staked and roped to prevent encroachment by construction activities. In addition, best Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 33 of 55 [I] management practices for erosion control shall be implemented during construction of the project. Prior to commencement of construction, erosion control devices shall be installed where appropriate to control and reduce soil erosion, sediment transport, and turbidity. Such devices, which include haybale barriers, silt fencing, sediment booms, and temporary sediment traps, shall remain in place throughout the duration of construction until construction zones and surrounding areas are stabilized. H. The on -site wetland preserves shall be enhanced through exotic removal and supplemental plantings, which will result in preserves that are more suitable as foraging habitats for the listed wading birds observed on -site, as well as providing potential roosting areas. I. Where a minimum 15f foot upland buffer adjacent to wetland preserves is not feasible, structural buffers as set forth in the SFWMD's Basis for Review shall be provided. Structural buffers planted with native vegetation will be used throughout the Project along all areas that border wetland preserve areas to restrict access from the development to the preserve area. Generally, in areas where development is located adjacent to the conservation area or the property line, the structural buffer will be a 15 -foot wide berm planted on the back slope with native tree, shrub, and ground cover vegetation. J. Emergent wetland acres shall be increased through the planting of littoral zones in the lakes created as part of the development. K. Enhancement of the wetland and upland preserves shall include the removal of exotic vegetation such as melaleuca, Brazilian pepper, and downy rose myrtle. Exotic vegetation removal shall be done by hand removal. In general, the exotics shall be treated in place with an appropriate herbicide and left standing, or exotics shall be cut, the cut vegetation Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 34 of 55 • removed or stacked in place, and the remaining stump treated with an appropriate herbicide. Supplemental plantings of native vegetation shall be installed in areas of greater than 50 percent exotic coverage. In addition, as part of the mitigation plan, areas of degraded wetlands, including monocultures of melaleuca, shall be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for these areas will include the establishment of marshes for wading bird foraging habitat. These marshes shall be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. The surface water management system shall be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods shall be maintained to provide for the natural wet and dry cycles, to provide foraging for wading birds. L. In addition to Paragraph A above, native landscaping shall be used to meet the criteria of Sub - section 4.06.05 D. La., of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. M. According to the Listed Species Management Plan (revised May 2011), the wetland and upland preserves, excluding reserved right -of -ways and access easements, will be placed in a conservation easement or equivalent deed restriction with inspection, enforcement, and approval rights granted to the South Florida Water Management District (SFWMD). The date(s), receiver of the easement or deed title, and record reference for each conservation easement or fee - simple donation of conservation/preservation areas filed will be provided at the time of filing to the SWFRPC and referenced in the biennial DRI report. N. Review of federal listed species and habitat impacts /mitigation shall be addressed in coordination with the USFWS during the USACOE permit process or as Section 10 Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 35 of 55 • le e reviews based on specific site plan details. At a minimum, the Hacienda Lakes Preserve Area Management Plan dated May, 2011, shall be implemented for the preserve areas shown in the master plan Exhibit `B" and the measures recommended by the USFWS in consultation with the USACOE for conservation of the Florida panther, wood stork, red - cockaded woodpecker, eastern indigo snake, and any other federal listed species encountered will be employed to avoid and minimize the proposed project's impact on both individual animals and their habitats The mitigation plan for unavoidable impacts to these species, including the location, management plan, and method of assurance of permanent protection and management for these listed species and proposed actions that would minimize the likelihood of adverse human/animal interactions will be reported in the Hacienda Lakes Preserve Area Management Plan and revisions thereof. O. The initial habitat restoration and preservation efforts will be conducted by the applicant prior to the anticipated deeding of the lands to the State. P. The applicant anticipates deeding portions of the preserves to the State in order to complement the adjacent Picayune Strand State Forest. The preserve areas would be maintained in accordance with the Wetland Mitigation /Monitoring/Maintenance Plan (to be approved as part of SFWMD Environmental Resource Permit Application 100126 -5) and managed to provide habitat for listed species. In the event that the transfer of ownership to the State does not occur, the responsibility of perpetual management for these conservation areas would become the responsibility of a Home Owners Association (HOA) or another similar entity. In this case, the contract of responsibility for the HOA shall include a mechanism for perpetual funding, assurances that the approved management plan would be followed, and assurances that management activities would be conducted by a qualified entity. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 36 of 55 7. UTILITIES — COLLIER COUNTY WATER SEWER DISTRICT (CCWSD) INFRASTRUCTURE A. In accordance with the current Collier County 2008 Water and Sewer Master Plan Update, the parties acknowledge that Hacienda Lakes development may be located within the Collier County Water -Sewer District Boundaries, and; upon Board of County Commissioners approval of this Development Order Resolution , the Collier County Consolidated Impact Fee Ordinance shall apply. B. Developer shall follow existing well field protection requirements identified in the Collier County Land Development Code (LDC) in Section 3.06.00. Developer shall show all well sites and pipeline easements located on and close to this development on all future site development plans (SDP), plans and plats (PPL) and any other site plan applications. C. The project shall connect to the CCWSD potable water system at a location determined by CCWSD, when capacity is available.. D. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. E. The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD, when capacity is available. F. Should the Collier County Water -Sewer District determine that it does not have sufficient capacity to serve the project, the Developer shall either construct interim potable water, wastewater treatment and/or non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 37 of 55 relffs [one upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and/or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. G. Temporary septic systems may be utilized in conjunction with construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other than for construction and sales offices, model homes and rest shelters. All temporary septic systems shall be properly abandoned and/or removed by a professional licensed to install and remove septic systems at the time when permanent or interim wastewater treatment facilities become available. H. All utility facilities shall be designed and constructed in accordance with Ordinance 2004 -31, and any amendments or successors thereto. Prior to commencement of construction all design and construction documents pertaining to utility facilities shall be reviewed and approved by the CCWSD. (1) The utility facility shall include but not be limited to: all construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution systems, wastewater collection and conveyance systems, irrigation quality distribution systems and any possible onsite treatment facilities. I. All potable water infrastructures shall be conveyed to the CCWSD. J. All wastewater collection and conveyance infrastructure shall be conveyed to the CCWSD. K. All customers shall be customers of the Collier County Water Sewer District. Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 38 of 55 8. EMERGENCY, POLICE AND FIRE PROTECTION. A. The Developer shall meet with the Sheriff's Department prior to initial construction, and again at least every 24- months thereafter, if requested by the Sheriff, to establish programs and incorporate crime prevention measures during each phase of the site development process. Written results of any meeting(s) shall be provided as a part of the local development order application. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. (1) In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the Developer shall provide a one acre parcel to Collier County. Such public facility site is identified as "PF ": on Maps H -2 and H -3 of Exhibit "B ". (2) The dedication of the one acre site shall be by deed to Collier County at no cost to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. (3) The valuation of the one acre site dedication shall be determined by an appraisal, and such dedication shall occur at the earliest of (i) 48 months from the issuance of the first residential certificate of occupancy, or (ii) no later than at the time the 5001'' residential unit is included in a development order application (site development plan, or plat), subsequent to the adoption of the DRI Development Order. D. Facilities qualifying under the Superfund Amendments Reauthorization Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 39 of 55 accordance with Sections 302, 303 ,304, 311, 312, or 313 thereof. Applications shall be updated annually by each reporting facility. E. Any on -site facilities with commercial pool operations should comply with appropriate codes and statutes including required safety measures such as chemical sensors, internal alarm systems, or emergency shutdown systems. F. During the site planning process, a utility master plan should be developed that will address fire flow and the fire districts should be consulted during the preparation of the plan. G. Portions of the commercial and residential developments may utilize natural gas as a source of energy. Coordination with the local fire departments should occur for those developments through the site plan review process. H. Appropriate Crime Prevention Through Environmental Design (OPTED) strategies, as adopted by Collier County, should be used when designing sites, buildings, streets, signs, landscaping and parking, and the County may submit such designs to the Sheriff's Office for comments and consideration during the County's site plan review process. I. The applicant should coordinate with Collier County Public Utilities to ensure underground gas lines drawings are provided to the responding Fire Departments. 9. PHASING The project shall be developed in one overall phase that will include the entire development program. The phasing schedule is set forth on Exhibit `B ", MAPS H -2 through H -4. Hacienda Lakes, DRI-2006-AR- 10 147 711H2011 Page 40 of 55 • of 10. SOLID/HAZARDOUS /MEDICAL WASTE A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program and all development components (i.e.: residential, commercial et al) shall participate in all conservation practices such as recycling, trash compaction, and mechanical shredding. B. Any business located within the Hacienda Lakes DRI, which generates hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17- 730.030, Florida Administrative Code), shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such businesses. However, there shall be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. C. The Project shall be bound by all applicable recycling requirements effective in Collier County at the time of the development. D. Areas within buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities which are adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. E. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. F. All hazardous materials must be handled, stored and applied in accordance with applicable regulations. G. All commercial uses must meet Federal, State and local hazardous materials' compliance requirements. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 41 of 55 H. The local fire departments should be informed, through the local government development order process, of any development where natural gas is to be used. I. There shall be no discharge of medical waste from medical facilities into the sewage system. J. Grease traps must be required to comply with local and state codes. Additionally, the captured grease is to be hauled off by a licensed hauler. 11. SCHOOL SITE As set forth in a tri-party Developer Contribution Agreement, the Owner shall, no later than the issuance of the 500th residential building permit, dedicate to the District School Board of Collier County up to a 20 -acre elementary school site within the Hacienda Lakes DRI with the following characteristics: (a) A school site of up to 20 developable acres, with wetland impact mitigated on the site as approved by permitting agencies, shall be provided for within the DRI; (b) Water and sewer connections shall be available at site. (c) The site must accommodate typical 900 + /- student capacity elementary school, with other facility requirements such as parking, sidewalks, water management, recreational facilities and other standard facilities. (d) The site shall be zoned for School use as part of the overall approval for the Hacienda Lakes DRI/MPUD. (e) The site location will be in lands designated Urban Residential Fringe in the County's Future Land Use Element, that is west of the one mile line east from County Road 951. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 42 of 55 site. (f) Students residing within the project must be within 1.5 miles of the school (g) The Developer shall attempt to keep the school's frontage road(s) at 2 lanes for attempted safer walking conditions. (h) The school site shall have direct legal access to a public road right -of -way. (i) School District acceptance of the dedication shall be contingent upon School Board approval and a satisfactory site feasibility study demonstrating that the land is suitable for the School District's intended use as an elementary school site with appropriate environmental conditions, usable acreage and direct legal access. 0) It is anticipated that there will be no concurrency issues at the time of development, but the project will be subject to school concurrency at the time of site development plan review. A preliminary school impact analysis estimating the total number of students by housing type generated by the Hacienda Lakes DRI/MPUD is estimated in the table below. Proposal: Estimated Number of Students Generated by Housing Type Dwelling Unit Type Units Elementary Middle High Total Students Single Family 704 112.64 70.40 84.48 267.52 Multifamily 1056 211.20 84.48 95.04 390.72 Mobile Home Condo /Coop 0.00 0.00 0.00 0.00 Government Total 1760 324 155 180 658 (k) The Owner shall be compensated for the school site by way of school impact fee credits as set forth in a Tri-party Developer Contribution Agreement, the amount determined upon land valuation under a mutually agreed land appraisal mechanism and valuation Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 43 of 55 ME described in such Agreement to be negotiated within two years of the approval of this development order. (1) Public facilities such as parks, libraries and community centers shall be permitted to be collocated with schools. The Elementary school shall be encouraged as focal points for neighborhoods. 12. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN A. Collier County has determined that the Hacienda Lakes DRI project is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's Concurrency Management System relative to public facilities necessary to support the project. B. The project furthers the Rural Fringe Mixed Use District objectives by severing Transfer of Development Rights ( "TDRs ") from approximately 1,517 acres of lands designated Sending Lands on the FLUM. Those Sending Lands which generate the TDRs will be placed under a permanent conservation mechanism and ultimately be deeded to a public entity, if accepted by them. C. The residential density of the proposed PUD is in compliance with the Density Rating System of the Future Land Use Element (FLUE), and is limited to 1,760 units. The overall Project gross density will not exceed 0.78 dwelling units per acre. D. Owner and Developer will implement Policy 3.1 of the FLUE through on- site well field protection measures, preservation of Natural Resource Protection Area (NRPA) lands within the Project, preservation of archaeological sites within the Project, and the safe and convenient vehicular and pedestrian movement within the Project. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 44 of 55 E. Owner and Developer will implement Policy 5.6 of the FLUE through the use of clustered development and utilization of the TDR program within the Rural Fringe Mixed Use District. F. Owner and Developer will implement Policies 7.1, 7.2, 7.3, and 7.4 of the FLUE by providing for vehicular and pedestrian interconnections with off -site public roadways and adjacent greenways. Additionally, public access and roadway easements will not be vacated to preclude access to off -site private and public lands. 13. RECREATION AND OPEN SPACE A. Recreational facilities and open space will include the Florida Sports Park Swamp Buggy grounds and arena, Junior Deputy passive recreational area, lakes, trails and preserves, as well as community recreation and social spaces integrated into the residential development areas. Map I1 locates the preserves, lakes, passive recreation site, and the attraction (Swamp Buggy), but does not include open spaces within individual tracts. B. The following land uses would be permitted in the Junior Deputy Tract of the Mixed -Use Planned Unit Development: a. Principal Uses: i. Open space and recreational uses; ii. Hiking, biking, fishing, boating, camping, picnicking and nature trails; iii. Sporting and recreational camps; iv. Caretaker's residence, limited to two for the JD designated area: V. Wetland preserves; vi. Upland preserves. b. Accessory Uses: Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 45 of 55 El ] i. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: ii. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks; iii. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; iv. Passive parks and passive recreational uses; V. Pervious roads, driveways, and pervious and/or impervious parking facilities; vi. Project identification and directional signage; vii. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; viii. Restrooms/bath houses: ix. Roofed or unroofed storage for maintenance and recreational equipment; X. Fencing and security gates, which may include barbed wire; xi. Archery and air rifle range(s). C. Public access to this Project's Preserve Tract will be consistent with the State's Management Plan, upon conveyance to a public agency. D. The Hacienda Lakes DRI will not impact a recreation trail designated pursuant to Chapter 260, F. S., and Chapter 16D -7, F.A.C. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 46 of 55 E. No parks and/or open space will be dedicated to the City or county However, up to 1,549 acres of natural preserve area is intended to be dedicated to the State. The Hacienda Lakes DRI will provide a long -term restoration and maintenance program for its onsite open space and recreation lands. F. The development of the Hacienda Lakes DRI will be consistent with the goals, objectives and policies of the Collier County Growth Management Plan through the implementation of the County's Transfer of Development Rights program (TDR). The criteria for utilizing the TDR program will address the goals of the Natural Resources Element of the Strategic Regional Policy Plan through implementation of restoration, provision for maintenance, and dedication of high quality natural areas. The lands intended to be dedicated to the State will provide for recreation opportunities and open spaces as contemplated by the local and regional policy. G. The applicant, at a minimum, shall comply with Collier County Level Of Service requirements at the time of Development Order issuance. H. As a part of the biennial monitoring process, the Developer shall identify compliance with the requirements listed above. Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 47 of 55 14. MPUD DOCUMENT There is a MPUD Document (Ordinance ) approved by the Collier County Board of County Commissioners on , which also governs the Hacienda Lakes DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also govern the development and use of property within the Hacienda Lakes DRI, even though the MPUD Document (Ordinance ) is specifically not made a part of this Development order. 15. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the applicant within the Application of Development Approval (and supplementary documents) may be used to interpret specific conditions for DRI approval outlined above if officially adopted as conditions for approval. B. The Developer shall submit a biennial report on this Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in subsection 380.06(18), Florida Statutes. C. The development is on a one Phase schedule as set forth on Exhibit "B" Maps H -2 through H -4. If Development Order conditions and Developer commitments incorporated within the Development Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue unless otherwise provided in - , Laws of Florida (2011). Hacienda Lakes, DRI - 2006 -AR -10147 7/1//2011 Page 48 of 55 royal rem D. If Collier County, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFRPC's official recommendations for the Hacienda Lakes DRI shall be used as a guide by Collier County in determining additional substantial regional impacts. E. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impact fees or exactions to meet the same needs. In addition to the credit provisions and procedures within the Collier County Land Development Code, Collier County and the Developer may enter into a capital contribution front - ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. F. The following land use conversions are anticipated within the DRI: FACTORS FOR RESIDENTIAL CONVERSION From: To: Single Family* Multi Family* TTRV ** Senior Housing' Single Family 1 1.667 2.73 4 Multi Family 0.6 1 1.41 4 TTRV N/A N/A 1 N/A Senior Housing N/A N/A N/A 1 To convert from one use to another, multiply by the noted factor above. * Single family and multifamily uses shall not exceed 1760. ** TTRVs shall not exceed 290. * ** Senior Housing shall not exceed 450 units. Hacienda Lakes, DRI- 2006 -AR -10147 7/1/2011 Page 49 of 55 3] FACTORS FOR COMMERCIAL CONVERSION From: To: Retail Medical Office General Office Business Park Hotel Rooms Retail* 1 1.078 2.506 N/A N/A Medical Office ** 0.928 t 1 N/A N/A General Office ** 0.399 N/A 1 N/A N/A Business Park N/A N/A N/A 1 N/A Hotel Rooms N/A 0.171 0.396 0.457 1 To convert from one use to another, multiply by the noted factor above. * No greater than 50% of retail uses shall be converted to office. ** No greater than 50% of office uses shall be converted to retail. 16. APPLICATION OF THIS DEVELOPMENT ORDER For the purposes of this Development Order, the "Owner" commitments set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and/or assigns. The "Owner" commitments below shall not be enforceable upon Swamp Buggy, Inc., nor Collier County Junior Deputies League, Inc., except to the extent it is a requirement related to the land owned by same. The commitments may only be assigned by written notice to the Growth Management Division Administrator and confirmation that the Administrator has received such notice. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 50 of 55 rows-] ,O 17. LEGAL ACCESS A. Access to Parcel "A," as described in Exhibit "C" of this document shall be via a new roadway easement from the Owner to the owner, successor, or assigns of Parcel A that includes Parcel Folio Numbers 00467320802, and 00467320501 that shall be recorded in the Public Records of Collier County, and shall run in a north -south direction from the existing 30- foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of the Hacienda Lakes MPUD. B. Access to Parcel "B," as described in Exhibit "D" of this document, shall be via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O.R. Book 6222, Page 1609, O.R. Book 245, page 124, O.R. Book 928, Page 296, and O.R. Book 287, Page 18. C. No existing public access /roadway easements shall be vacated to preclude reasonable access to off -site private and public lands without providing replacement access easements. 18. PLANNING A. Prior to the issuance of the first residential SDP or Plat Approval in the Hacienda Lakes DRI, Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and there shall be executed and filed a Limitation of Development Rights Agreement(s) for such lands at that time. B. A permanent conservation mechanism, including such Limitation of Development Rights Agreement(s), shall be attached/or applied to all Sending Lands to be Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 51 of 55 • preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first SDP or Plat Approval for the Hacienda Lakes DRI project. C. This Development Order states the land uses approved in gross square feet, acreage and parking (if applicable) are consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The County Manager or designee shall be the local official responsible for assuring compliance with the Development Order. 2. This Development Order shall remain in effect for 15 years from the date of adoption. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development order. 4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt from down - zoning or intensity or density reduction for a period of 15 years from the date of adoption of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5. The Developer, or its successor(s) in title to the subject property shall submit a report biennially, commencing two years from the effective date of this Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format ", as may be amended, provided by the SWFRPC. Hacienda Lakes, DRI- 2006 -AR -10147 7/1//2011 Page 52 of 55 ME long Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present. Upon a finding that one or more of the following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended development order: A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional planning Council; or B. An expiration of the period of effectiveness of this Development order as provided herein; or C. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development order have occurred or that the Development Order was based on substantial inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. Hacienda Lakes, DRI- 2006 -AR -10147 711H2011 Page 53 of 55 • 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures, 8. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter 190, Florida Statutes. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Order which shall remain in full force and effect. 11. This Development Order shall be binding upon the County, the Owner, and the Developer, their assignees or successors in interest. 12. This Development Order shall become effective as provided by law. 13. Certified copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Florida Statutes. This Resolution adopted after Motion, second and favorable vote. DONE AND ORDERED this day of , 2011. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 54 of 55 ww� ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi Ashton — Cicko Assistant County Attorney Exhibits: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Name: Fred W. Coyle, Chairman A — Legal Description; B — Maps H -1 through H -4 including phasing schedule; C — Access to Parcel A; D — Access to Parcel B. Hacienda Lakes, DRI-2006-AR- 10 147 7/1//2011 Page 55 of 55 ADA DEVELOPMENT ORDER EXHIBIT "A" LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S.89 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 013'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00 °14'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 007'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01 004'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01 °18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89 °22'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 014'38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 °01'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 001'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 001'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 001'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 °51'54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 037'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 001'15 "E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 037'31 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 048'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF ADA Development Order Exhibit A Page 1 of 4 THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 °48'45 "E. ALONG SAID WEST AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 049'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 °50'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °49'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87 025'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 047'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 027'14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 038'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 °41'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 040'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 036'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S.87 026'11 "W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 038'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 035'02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID ADA Development Order Exhibit A Page 2 of 4 A • • FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 °38'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °37'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S.00 °26'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 034'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.03 039'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 056'10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 007'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 018'31 "E. FOR 1451.00 FEET; THENCE N.88 °56'54 "E. FOR 1582.00 FEET; THENCE S.00 031'35 "E. FOR 1130.61 FEET; THENCE S.89° 15'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 057'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °34'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 041'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 052'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 046'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST ADA Development Order Exhibit A Page 3 of 4 • QUARTER CORNER OF SAID SECTION; THENCE S.01 ° 12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 046'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES +/- PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °17'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 056'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °00'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- ADA Development Order Exhibit A Page 4 of 4 0 0.2 0.4 Miles Hacienda Lakes Map H -1 ADA DEVELOPMENT ORDER EXHIBIT "B" N DXX TA1NC CONSU LA ING, 1 \ v 1l a •%arming *vi,"i mm Civil lingiwring •Surveying & Mapping Prepared ey: rjonee Println9 Deb:'Wy 14, 2010 File: T:1Prmjed.%M05W5_0150.02.03_ Had.M Lak- 'ADA1Re01% FIacNMe Ht D.vPlan • • i I I I �i Urban Residential Fringe Subdistrict 1i i (see Map H -3 for details) 0 >I m I w of UIFPL Easement i Proposed Access i R I I� R I R Proposed Access PF gp • R S ITHE LORD'S WAY I A ROW P I FPL P ' Proposed Access I Easement JD ,a S ESNAKE HAMMOCK RD- - , �^1N �F 114 Mi. Support \ . I Collier Regional Medical Border Medical Center 1 TECO People's „ # i4 w Gas Main Lines Access' Easement Henderson Creek 1/// Canal ®w Rural Fringe Mixed Use District (see Map H-4 for details) Access STATE Easement LANDS Access' Easement Tetele: 1750 Units 704 Unite 1,055 Units 327,500 SF 70,000 SF 140,000 SF 919 Students '7rie 135 Room hold is proposed to be developed in Phase One, in 2014. I Ql I Legend Project Boundary ® Preserve Tract (P) Attraction Tract (A) Public ROW Reservation (ROW) [:]Junior Deputy (JD) . School (S) Commercial (C) Residential / Medical Use (R/MU) Public Facilities Tract (EMS) (PF) ® Business Park or School (BP OR S) - - -- Roads -- TECO People's Gas Main Lines — Henderson Creek Canal — Collier County Major Roads Layer Residential (R) Access' Easement L:] 0 ,,000 2.000 Fe et Fe 1DI A”' Hacienda Lakes 1- 41, T, ; it t /l 1 % pia�„uns �vi,ure :mim, Map H -2 CIA En3i— irg•sr—ymg d Wppiq ADA DEVELOPMENT ORDER EXHIBIT "B" Prepared By: rngonea Printing Dal.: July 14, 2010 File: TWroject 5\05_0150.02.03_ HadendaLakw%ADAUReaglW=enda H2 DevPlen.mxd L:] 0 400 800 Feet DA IA" /]� Hacienda Lakes C< >I`, C; FPL Easement j T TAI Legend In _ Ii .� .Parnh% •Y €�ah,� €nn OProject Boundary Civit Evabc.q -S meyina do Mapping ADA DEVELOPMENT ORDER EXHIBIT "Be' Resid -b-I R) > N Rural Fringe Mixed Use District ---- O Anion J P Prepared By rmjonee -� (see Map H-4 for details) D. utY PD) O Junior Deputy (JD) � � Public ROW Reeervabon (ROW) 0 HatiendeLakw\ADAV2aW2H=Wnda H3 DevPlm.mzd Business Park or School (BP) School (S) W I I Pudic I'miliBee Tract (EMS) (PF) 0 Resid -tal / Medical Use (R/MU) O R Comm al (C) Preserve Tract (P) Roach I I R -- TECO People's Gae Main Lines ---- Henderson Creek Cenel — Collier Ccunly Major Roads Proposed Access PF R BP ORS THE LORD'S WAY Proposed Access A ROW P Henderson Creek TECO People's-,,,, Canal Gas Main Lines PROP. RATTLESNAKE HAMMOCK RD. EXT. JD Proposed S Access yd `� °" Aw RATTLESNAKE HAS K RD1�1 A77 yd x.r a iy a 114 Mi. Support J C ; € R/MU ; Medical Border / Land Use Summa ry R - --- ------------ - CAmmemlel' 34.16 + /- FPL Easement _.. Rands E ,rrbered by ROw Tract "2.51 - j. Attraction 4727 + /- Collier Regional Residential 447.86 + 1- ' € € Business Park or School 35.38 + /- Medical Center Preserve 1544.14 + 1- Public Facility 1.33+/ - Junior Deputy 21.62+1- School 19.55+/ - Residmlid/Medical Use 38.82+/ - Public ROWBEesement 72.01 + / Total 1 2262.14 + /- ?m an ,y 4 ESTIMATED DEVELOPMENT SCHEDULE Stage On. Year Residential Sin ale-Family Mutti -Fa mi Retail Office Blue rise Park School 2012 50 Units 20 Units 30 Units 27.500 SF 0.0 SF 0.0 SF 2013 200 Units 100 Units 100 Units 150.000 Be 20,000 SF 0.0 SF 2014 200 Units 100 Units 100 U. 150,0 SF' 25,000 SF 40 000 SF 2015 250 Units 100 Units 150 Units 0.0 SF 25 000 SF 0.0 SF 2016 250 Units 100 Units 150 Units 0.0 SF 0.0 SF 0.0 SF 950 Units 420 Units 530 Units 1 327,500 SF 70,000 SF 40,000 SF ESTIMATED DEVELOPMENT SCHEDULE Staspe Two Year Residential Sin N -Fami) Multi-Family Retail Office Business Park School 2015 25 Units 0 Units 25 Units 0.0 SF 0.0 SF 20.000 SF 1 919 Students 2016 25 Units 0 Units 25 Units 0.0 SF 0.0 SF 20,000 SF 2017 275 Units 100 Units 175 Units 0.0 SF 0.0 SF 20,000 SF 2018 275 Units 100 Units 175 Units 1 0.0 SF 0.0 SF 20,000 SF 2019 210 Units 54 Units 126 Units 1 0.0 SF 0.0 SF 20000 SF 810 Units 284 Units 526 Units 0 0 100,000 SF 1 919 Students Totals: 1730 Unit. 704 Units 1,053 Unite 327,500 SF 70,000 SF 140,000 SF 919 Students 'The 135 Room hotel is proposed to be developed in Phase Ore, in 2014. 0 400 800 Feet DA IA" /]� Hacienda Lakes C< >I`, C; j T TAI Map H -3 /� _ Ii .� .Parnh% •Y €�ah,� €nn j Civit Evabc.q -S meyina do Mapping ADA DEVELOPMENT ORDER EXHIBIT "Be' N Prepared By rmjonee Printing Date: October 6, 2010 Rle: T:\Projsctst2005M5 0150.02.03_ HatiendeLakw\ADAV2aW2H=Wnda H3 DevPlm.mzd Access Easement Total.: 1760 Units 704 Units 1,056 Units 327.500 SF 70,000 SF 140,000 SF 919 Students 'The 135 Room hotel is proposed to be developed in Phase One, in 2014. Hacienda Lakes 0 600 1.600 Feet Map H-4 n ADA DEVELOPMENT ORDER EXHIBIT "B" �\ N Land Use ary Type Acreage Commercial' m 34.16+/ - -�ands 5,cuneered by ROW Tract ••2.51 Attraction 47.27+/ - Residential 447.86+/ - Business Park or School 35.38+/ - Presene 1544.14+/ - Public Facility 1.33+/ - Junior Deputy 21.62+/ - School 19.55+/ - Residential /Medical Use 38.82+/ - Public ROW & Easement 72.01+/ - Total 2262.14+1- Access Easement KAI ! \iNC. CON SYI L. TI NG Z \ T TL JL Planning -Vixmli.'i- •Ci,ilEngirree�ing SUneying &Mapping n Prepared By: rmjonea Printing Dade: October 6, 2010 File: T%Prajeda12005\05_0150oZ03_ Hac— daLakesle.DXRw02Wadanda H4 DevPlw,md ADA DEVELOPMENT ORDER EXHIBIT "C" PARCEL "A" • loss BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES +/- ADA DEVELOPMENT ORDER EXHIBIT C Page 1 of 1 ADA DEVELOPMENT ORDER EXHIBIT "D" PARCEL "B" r' BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °17'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °00'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- ADA DEVELOPMENT ORDER EXHIBIT D Page 1 of 1 Teresa L. Polaski From: NeetVirginia «VlnginiaNeet@coUiergovnet> Sent: Friday, August 12'2Dll3l0PK4 To: Teresa L Po|asW Cc: Ashton' Heidi; Williams, Steven Subject: Land use ads for 9-13-11 BCC Meeting Teresa |spoke with the attorneys involved with these legal ads and confirmed that Wednesday, 8/24 is fine. Also, Heidi agreed that all of the (2U day) ads should run on the same day (A/24). Should something go wrong, vve still have time to get it Sorry, for any confusion. We will wait for the proofs. Thanks again for your help. Dinny ====================================================================================== Virginia A'Nemt, Legal Assistant Office of the Collier County Attorney Telephone (230) 252'80GS' Fax (23Q)252'G600 New address as of November 1, 2010: Collier County Office of the County Attorney 329STamiami Tr. E, Suite 800 Naples, FL34112'574U Under Florida Law, e-rnail addresses are public records, If you do notwant your e-rnail address released in response to a public records request, do not send electronic mail to th.s entity, Instead, contact this office by telephone or in writino. I • Acct. #068779 August 15, 2011 Legals Naples News Media Group 1100 Immokalee Road Naples, FL 34110 Re: Notice of Public Hearing: DRI- 2006 -AR -10147 (Hacienda Lakes DRI) Dear Legals: Please advertise the above referenced petition on Wednesday, August 24, 2011 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION /DEVELOPMENT ORDER Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution /Development Order (Petition DRI- 2006 -AR- 10147: Hacienda Lakes DRI) is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A DEVELOPMENT ORDER FOR HACIENDA LAKES, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, WHICH WILL ALLOW UP TO 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE, 327,500 SQUARE FEET OF RETAIL USE, 70,000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL INCLUDING A CONVERSION TO BUSINESS PARK, 140,000 SQUARE FEET OF BUSINESS PARK OR EDUCATIONAL FACILITY, A PUBLIC SCHOOL, AND CONTINUATION OF EXISTING "JUNIOR DEPUTY" PASSIVE RECREATION AND EXISTING "SWAMP BUGGY" ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITIONS PUDZ- 2006 -AR -10146 AND CP -2006- 11) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) nt of -C flier CLERK OF THE GJ RC IT COURT COLLIER COUNTY�OURi) OUSE Dwight E. Brock 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -344 Auditor August 15, 2011 r Custodian of County Funds Hacienda Lakes of Naples, LLC 3921 Prospect Avenue Naples, FL. 34104 Re: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLEFt (�wVeresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerkCcollierclerk.com ofCc6llier Dwight Nadeau, AICP RWA Inc. 6610 Willow Park Drive, Ste. 200 Naples, FL. 34109 C R U 11L r E 144 4101 -3 Re: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Dear Petitioner: I T T COURT OUSE T Clerk of Courts s Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCd;collierclerk.com CLERK OF THE C l Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA August 15, 2011 Dwight Nadeau, AICP RWA Inc. 6610 Willow Park Drive, Ste. 200 Naples, FL. 34109 C R U 11L r E 144 4101 -3 Re: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Dear Petitioner: I T T COURT OUSE T Clerk of Courts s Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCd;collierclerk.com nt ,off flier B L CLERK OF THE CIRC IT COURT Dwight E. Brock COLLIER COUNTY COUR MOUSE g 3301 TAMIAMI IL EST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -344 Auditor August 15, 2011 Custodian of County Funds Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Ste. 300 Naples, FL. 34103 Re: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. FCK, CLE resa Polaski. Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com 8B Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Attachments: DRI- 2006 -AR -10147 Hacienda Lakes DRI (snt 8- 8- 11).doc; DRI- 2006 -AR -10147 Hacienda Lakes (BCC).doc Legals, Please advertise the attached legal ad on Wednesday, August 24, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239- 252 -8411 239- 252 -8408 fax Teresa.Polaski@colliercierk.com 1 Teresa L. Polaski From: Legals NDN <legals @naplesnews.com> Sent: Monday, August 15, 201110:46 AM To: Teresa L. Polaski Subject: RE: DRI- 2006 -AR- 10147, Hacienda Lakes DRI !90 EmeCy Pagan lLeaarDept JVaples DaiCy News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Send notices to: legalsCED nap les news. com From: Teresa L. Polaski Imailto: Teresa .Polaski @collierclerk.coml Sent: Monday, August 15, 2011 10:25 AM To: Legals NDN Subject: DRI- 2006 -AR- 10147, Hacienda Lakes DRI Legals, Please advertise the attached legal ad on Wednesday, August 24, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Polaski@colliercierk.com No virus found in this message. Checked by AVG - www.avg,_com Version: 10.0. 1392 /Virus Database 1520/3835 - Release Date: 08/15/11 1 Teresa L. Polaski 89 From: Pagan, Emely <EPagan @Naplesnews.com> Sent: Monday, August 15, 201112:12 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS1225 jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 Emely Pagan 239 - 213 -6061 NOTICE OF PUBLIC REARING TO CONSIDER RESOLUTIONI DEVELOPMENT ORDER 8 B Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing can Tue!Way, September 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier Courity Government Center, 3299 E tTa miami Trail, Na kris, Florida. The meeting will begin at 9: A.M. Thy title of the Lproposed Resolution/Developrtient Order (Petition %RI- 2006 -AR -1 }141. Hacienda akes DRI) is as follov . ' • " i a s r ! # a • i • ' # � • +� ti a' fYr � •s- •� s a a a •11 � i + !! A copy of the proposed Resolutio.n is on file with the Clerk to the Board and is available for inspeaion. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak ort any agenda item must register with the, County Administrator prior to presentation cif the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any iter'n. The sf[ectiorr of an in- dividual to speak on behalf of an organization or group is e.rvouraed. if recog- nized by the C hair, a spokesperson for a group or organization may ra'allotted 10 minutes to speak on an iterrr. Persons dishing to have written or graphic materials included in the Board agenda packets rr Ust submit said rr teri l a rnirtimUm of 3 weeks prior to the respective ublic hearing In any case, written materials intended to be considered by the and shall be su - mlfted to the appropriate County staff a minimurn of seven day =s, prior to the public hearing. All material used in presentations before the Beard will become a permanent part of the record. s s -� r .• ♦ r s �. If you area - erson with a disability who needs any accommodation in order to par tictpate yin tis� proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact -the Collier County Facilities Management Depart_ merit, located at 3335 Tarniami Trail East, Building W, Maples, Florida 34112, (239)252 -8380, As isted listening devices for the hearing impaired are available In the Coin Commissioners' Office. W_K s COLLIER COUNTY, FLOP Fred W11 Coyle, CHAWMAN DWIG14T F. R By: Teresa Polaski, Deputy a x � 2-011 No1912174 Teresa L. Polaski To: NeetVirginia (VirginiaNeet @colliergov.net) Cc: DeselemKay (KayDeselem @colliergov.net) Subject: FW: Ad Confirmation Attachments: UAS1225 jpg Please review so I can give NDN an ok. Thanks - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan @Naplesnews.coml Sent: Monday, August 15, 201112:12 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 Emely Pagan 239 - 213 -6061 1 � R Teresa L. Polaski From: DeselemKay <KayDeselem @colliergov.net> Sent: Monday, August 15, 20111:19 PM To: Teresa L. Polaski; Neet, Virginia Cc: Rodriguez, Wanda; Ashton, Heidi Subject: RE: Ad Confirmation Looks good to me. Kay Deselem, AICP, Principal Planner Zoning Services- -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem @colliergov.net - - - -- Original Message---- - From: Teresa L. Polaski f mailto: Teresa .PolaskiCa@collierclerk.coml Sent: Monday, August 15, 201112:19 PM To: NeetVirginia Cc: DeselemKay Subject: FW: Ad Confirmation <<UAS1225.jpg>> Please review so I can give NDN an ok. Thanks - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan @Naplesnews.coml Sent: Monday, August 15, 201112:12 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 Emely Pagan 239 - 213 -6061 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3835 - Release Date: 08/15/11 Please visit us on the web at www.collierclerk.com Teresa L. Polaski From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Monday, August 15,20111:55 PM To: Teresa L. Polaski Subject: RE: Ad Confirmation Just sent it onto the attorney and compared it to the corrected title with Kay. The only thing I saw is that it needs a hyphen between BUG and GY at the bottom of the title. No BIG GY, though Dinny - - - -- Original Message---- - From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml Sent: Monday, August 15, 201112:19 PM To: NeetVirginia Cc: DeselemKay Subject: FW: Ad Confirmation <<UAS1225.jpg>> Please review so I can give NDN an ok. Thanks - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.coml Sent: Monday, August 15, 201112:12 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 Emely Pagan 239 - 213 -6061 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3835 - Release Date: 08/15/11 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the Teresa L. Polaski From: Sent: To: Subject: Attachments: REVISED... Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 F: Ira Pagan, Emely <EPagan @Naplesnews.com> Monday, August 15, 20112:48 PM Teresa L. Polaski Ad Confirmation UAS1342jpg Tmo NOTICE OF PUBLIC HEARING TO CONSIDER f ESOLUTION/DEVE ORME T ORDER Notice is hereby ,given that the Berard of County Commissioners of Collier County will hold a public hearing on Tuesday, September 13, 2011, In the Boardroom, 3rd rloor, Administration Building, Collier Count Government Center, 32-,59 East Ta- miamil =Trail, Naples, Florida. The meeting i I begin at 900 A.M. The title of the proposed ResolutionMevelopmer Orcler (Petition DRl- 260 -AR -10147 Hacienda Lakes DRI) is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF C OLLIER COUNT`, FLORIDA, APPROVING A DEVELOPMENT ORDER FOR HACIENDA LADES, A DEVEL- OPMEI T'OF REGIONAL IMPACT LOCA+►T..ED IN SECTIONS 11 THROUGH "1;4 AND 23 THROUGH ZS, TOWNSHIP 50 SOUTH, RANGE Zf EAST, AND SECTIONS 19 AND 30 TOWNSHIP 50 SOUTH, RAGE 27 EAST, COLLIER COUNTY, FLORIDA, WHICH WILL ALLOW UP TO 1,760 RESIDENTIAL DWELLING UN(TS INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK AND'SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NUnING CARE, 327,500 SQUARE FEET OF RETAIL USE, 70,000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE, A 1.35- ROOM HOTEL IN- CLUDING A CONVERSION TO BUSINESS PARK, 140,0010 SQUARE FEET OF BUSINESS PARK OR EDUCATIONAL FACILITY, A PUBLIC. SCHOOL, AND CONTINUATION CAF` EXISTING 'N,J NIOR DEPUT ` PASSIVE RECREATION AND EXISTING'" SWAMP' BUGGY" A:TTRACTION, PROVIDING fOR F14 DINGS OF FACT- PROVIDING FOR CON- CLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE ELATE. ?COMPANION TO.PETI TIONS PUDZ -20 - =R -10146 AND CP- .2006 -11) A cop. of the proposed Resolution is on file with the Clerk to the Board and is availalle for inspection, All interested parties are invited to attend and be heard, NOTE All Persons wishing to speak on any agenda item gust register with the Caun Administrator pribr to presentation of the agenda item be addressed.. Individual m. ual speakers will be limited to 3 minutes on any item. The selection of an in- dividual to speak an behalf of an organization or group is encoura ed. If recog- nized by the Chair, a spokesperson for a group *r organization' may to allotted 10 minutes to speak or-, an item. Persons wishing to have wrritten or graphic materials included in the Beard agenda packets must submit said roaterial a minimum of 3 weeks prior to the respective, ublic hearing, In any case, written materials intended to he considered by the card shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board' will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may reed to ensure that a verbatim record of -the proceedings is made., which record includes the testimony and evi- dence upon �vh'rch the appeal is based: If you area per-sort with a disability when needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier Coup Facilities Management Depart- ment, l ►caterl at 33.35 Tainiarrii Trail East, Building W, Naples, Florida 3112, (239 )252-8380. Assisted listening, devices for the hearing impaired are available in the County Cdrtrmisslorters` Office, BOARD OF COUNTY COMMISSIONER'S ER'S COLLIER COUNTY FLORID Fred W. Coyle, Cg,AIRMAN DWIGHT E. BROCK CLERK BY: Teresa Polaski Deputy Clerk; (SEAL) Apgu,241 20,11 N 1912174- Teresa L. Polaski From: Pagan, Emely <EPagan @Naplesnews.com> Sent: Monday, August 15, 20112:54 PM To: Teresa L. Polaski Subject: RE: Ad Confirmation Thanks! Emely Pagan / Legal Dept Naples Daily News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Send notices to: Iegals @naplesnews.com - - - -- Original Message---- - From: Teresa L. Polaski (mailto: Teresa .Polaski@collierclerk.coml Sent: Monday, August 15, 20112:50 PM To: Pagan, Emely Subject: RE: Ad Confirmation Looks good, Thanks! - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan @Naplesnews.coml Sent: Monday, August 15, 20112:48 PM To: Teresa L. Polaski Subject: Ad Confirmation REVISED... Thank you for placing your ad. Ad Number 1912174 Total Ad Cost $285.18 Em Please visit us on the web at www.colliercierk.com NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarney, who on oath says that she serves as the Accountin- Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on August 24, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Count), Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida, for a period of' I year next preceding the first publication of the attached copy of advertisemem and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai4.Jlewspaper. ( Signature of affiant) Sworn to and subscribed before me This 26th day of August, 2011 (Signature of notary public) :--- KA)i0l E KANGAS . Notary Public - State of Florida ,N o< My Comm. Expires Jul 29, 2013 Commission # DD 912237 4Uft s NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTIONIDEVEI'bPMENT ORDER Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday; September 13, 2011, in the Boardroom, 3rd Floor, Administration Building Collier County Government Canter, 3299 East Ta- miami Trail, Naples; Florida. "The meeting, will begin at 9:00 AM. The title :of the proposed ResoluUoNDevebpment Order {Petition DRI.2006 AR- 10147: Hacienda Lakes DRp is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, APPROVING A DEVELOPMENT ORDER;. FOR HACIENDA LAKES, A DEVEL- OPMENT OF REGIONAL IMPACT LOCATED 1N SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 'SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27. EAST, COWER COUNTY, FLORIDA, WHICH WILL ALLOW UP TO 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSKm TO RECREATIONAL VEHICLE PARK -AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED WING AND NURSING CARE, 327,500 SQUARE FEET OF RETAIL USE, 70,000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, INCWDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL IN- CLUDING A CONVERSION TO BUSINESS PARK; 140,000 SQUARE FEET OF BUSINESS PARK OR, EDVCAM014AL FACILITY, A PUBLIC SCHOOL, AND CONTINUATION OF EXISTING 'JUNIOR DEPUTY' PASSIVE RECREATION AND EXISTING 'SWAMP " - BUGGY' ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CON- CLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE..tCOMPANION TO PETI- TIONS PUDZ - 2006 -AR -10146 AND CP- 2006 -11y A copy of the pr Resolution Is on file with the Clerk -to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: AN Persons wishing to speak on any agenda item must register with the CountMyy Administrate prior to presentation of the agenda Item to be addressed. Individual speakers will be limited to 3 minutes on any item. The "selection of an in- dividual to speak on behalf of an organization or group is encouraged. If "MT 0 nized by the Chair, a spokesperson for a group or organization maybe albtt� ed 1 minutes to speak on an Item. Persons wishing to have written or graphic materials included in-the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective . ppubic hearing. In any case; . written materials intended to be consideredthe Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Bored will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- tiapste in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Bui W, Naples, Florida 34112, (239)252.8380. Assisted listening devices for- the hearing Impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK �y T resa Polaski, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 89 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNXTU Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) 2. October 25, 2011 Agenda Item Number 83 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolutio�/ / 'iI� Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached �a 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact apPropriate. (Initial) Applicable) Agenda Date Item was October 25, 2011 Agenda Item Number 83 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolutio�/ / 'iI� Number of Original 1 Attached UW� b Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not apPropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, /619 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 1619 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 419 document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 10 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 110 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC October 25, 2011 and all changes made during the meeting have been incorporated in the attached document. The County 49 Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 T MEMORANDUM Date November 2, 2011 To: Kay Deselem, Principal Planner Growth Management Division From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2011 - 201 /D.O. 2011 -05: Hacienda Lakes Attached for your records is a certified copy of the document referenced above, (Item #811) adopted by the Board of County Commissioners on October 25, 2011. Certified copies of this Resolution /Development Order have been forwarded to the State of Florida's Department of Economic Opportunity and to the Southwest Florida Regional Planning Council. The Minutes and Record's Department will hold the original document for the Board's Official Record. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment nt of collier 8 B CLERK OF THE C�RCUIT COURT Dwight E. Brock COLLIER COUNTY SCOUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL EAST Accountant P.O. BOX 43044 11 Auditor NAPLES, FLORIDA'-14101-3044 Custodian of County Funds November 1, 2011 Florida Department of Economic Opportunity Mr. D. Ray Eubanks, Administrator Division of Community Planning/Plan Review & Processing Capital Circle Office Center 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Re: Resolution 2011- 201/DO 2011 -05: Hacienda Lakes DRI Mr. Eubanks: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, October 25, 2011. Very truly yours, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com X CLERK OF T l Dwight E. Brock COLLIER C Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA November 1, 2011 Mr. Daniel Trescott DRI Coordinator SWFL Regional Planning Council 1926 Victoria Avenue Ft. Myers, Florida 33901 r� Hier 88 C IT COURT iUR OUSE Clerk of Courts ,IL E ST 144 Accountant 4101 -3 44 Auditor Custodian of County Funds Re: Collier County Resolution 2011- 201 /DO 2011 -05: Hacienda Lakes Dear Mr. Trescott: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, October 25, 2011. Very truly yours, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com Z� RESOLUTION NO. 2 01 1- 2 o l DEVELOPMENT ORDER 2 o 1 1- o 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY APPROVING A DEVELOPMENT ORDER FOR HACIENDA LAKES, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; WHICH WILL ALLOW 1,760 RESIDENTIAL DWELLING UNITS, 327,500 SQUARE FEET OF RETAIL USE, 70,000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL, 140,000 SQUARE FEET OF BUSINESS PARK OR EDUCATIONAL FACILITY, AND CONTINUATION OF EXISTING JUNIOR DEPUTIES PASSIVE RECREATION AND EXISTING SWAMP BUGGY ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 21, 2006, Toll- Rattlesnake, LLC, in accordance with Subsection 380.06(6), Florida Statutes, filed an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Toll- Rattlesnake with Collier County (DRI- 2006 -AR- 10147) and the Southwest Florida Regional Planning Council (DRI No. 06 -492); and WHEREAS, pursuant to Florida Administrative Code's DRI Rule 29I- 4.001(5) the Executive Director of the Southwest Florida Regional Planning Council (SWFRPC) administratively approved an initial 45 -day sufficiency response extension, and the Regional Planning Council approved nine (9) subsequent sufficiency response extensions; and WHEREAS, on January 26 and 27, 2010, Wilton Land Company, LLC obtained title to the majority portion of lands within the DRI; and WHEREAS, on October 14, 1982, Swamp Buggy Day, Inc. (now known as Swamp Buggy, Inc.) obtained title to a minor portion of the lands within the DRI; and Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 1 of 56 WHEREAS, on December 27, 1995, Collier County Junior Deputies League, Inc. obtained title to a minor portion of the lands within the DRI; and WHEREAS, Hacienda Lakes of Naples, LLC is authorized by Wilton Land Company, LLC, Swamp Buggy, Inc., and Collier County Junior Deputies League, Inc., (hereinafter collectively "Owner ") to continue to pursue Development of Regional Impact approval of the property subject of this Development Order. (The term Owner shall include its successors and assigns of each of the Owners); and WHEREAS, for the purposes of this Development Order, the "Owner" commitments set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and /or assigns. The "Owner" commitments herein shall not be enforceable upon Swamp Buggy, Inc., nor Collier County Junior Deputies League, Inc., except to the extent it is a requirement related to the land owned by same; and WHEREAS, on July 21, 2010, Hacienda Lakes of Naples, LLC, (herein "Developer "), responded to the fourth sufficiency review with a revised Application for Development Approval (ADA) of a Development of Regional Impact (DRI) now known as Hacienda Lakes filed with Collier County and the SWFRPC under the same review agency application reference numbers. (The term Developer shall include its successors and assigns); and WHEREAS, Developer has obtained all necessary approvals from Collier County agencies, departments, and boards required as a condition to Planned Unit Development zoning, Comprehensive Plan Amendment, and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 2 of 56 • R M � WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on August 4, 2011 and September 1, 2011; and WHEREAS, the Board of County Commissioners approved Resolution No. 11 -32 and Ordinance No. 2011-40 which approved changes to the Comprehensive Plan as included in application No. CP- 2006 -11 for the property; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 2011 -41 on October 25, 2011, which rezoned the subject property to The Hacienda Lakes MPUD; and WHEREAS, the issuance of a Development Order pursuant to Section 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding title issuance of other development permits consistent herewith by the County or State; and WHEREAS, on October 25, 2011, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for Development Approval of a Development of Regional Impact submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and the Environmental Advisory Council; and the record made at said hearing, makes the following Findings of Fact and Conclusions of Law. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 3 of 56 8 C' FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit "A ". 2. The application is consistent with Subsection 380.06(6), Florida Statutes, (2010). 3. The Developer submitted to Collier County, the SWFRPC, and Florida Department of Community Affairs an ADA and sufficiency responses, which are available for review at each respective agency. 4. The Developer proposes development of the Hacienda Lakes Development of Regional Impact, as shown on the Series of Map H attached hereto as Exhibit "B ", and consisting of 2262.10 acres, which includes: A. 1,760 residential dwelling units; B. 327,500 square feet of Gross Floor Area (GFA) of retail use (convenience, general and specialty retail); C. 70,000 square feet of GFA of professional and medical office; D. A 135 -room hotel; E. 140,000 square feet GFA of Business Park or Educational Facility; F. Continuation of Junior Deputies passive recreation facilities; G. Continuation of the existing Swamp Buggy attraction, without the opportunity to include outdoor shooting ranges for firearms; H. 1,544.1 acres of preserves; I. 19.55 acres, or less if approved by the School Board, of elementary school site to serve up to 919 students; and J. 1.3 acres of Emergency Medical site. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 4 of 56 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The development shall not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the 25th day of October, 2011, that the Hacienda Lakes Application for Development Approval submitted by Developer is hereby approved, subject to the following conditions: 1. ENERGY The Hacienda Lakes Development of Regional Impact will incorporate the following energy conservation features as a part of each Site Development Plan or plat approval for all phases and land uses: A. Provision of a combination bicycle /pedestrian system to be placed along public arterial and collector roads within the DRI which will connect with public and private bicycle /pedestrian systems in the DRI. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 5 of 56 (# ■ • R B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and multi- family residential areas. C. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses, the Developer or Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. The location of the CAT shelter is generally depicted and provided for on ADA Map O. Additionally, prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract BP, the Developer shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. The location of the CAT shelters is generally depicted on ADA Map O. Owner shall be responsible for maintenance of the bus stops /shelters unless Owner elects to convey to County at no cost to County easements for the bus shelters. D. Developer and Owner shall require builders to: design; (1) use prevailing, practicable energy - efficient features in window (2) install operable windows and ceiling fans; and (3) install Energy Star qualified appliances and equipment. E. Deed restrictions, covenants, and design guidelines shall include provisions requiring compliance with G through P. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 6 of 56 [I] F. Installation of energy - efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. G. Use of water closets with a maximum flush of 1.6 gallons and shower heads and faucets with a maximum flow rate of 2.5 gallons per minute, or the use of the prevailing energy efficient bathroom fixtures available. H. Use of native plants, trees, and other vegetation and landscape design features in accordance with Section 4.06.05D.1.a., of the Collier County Land Development Code that reduce requirements for water, fertilizer, maintenance, and other needs shall be required. I. Planting of native shade trees for each residential unit. J. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. K. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. L. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. M. Provision for structural shading wherever practical when natural shading cannot be used effectively. N. Inclusion of porch or patio areas in residential units. O. Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. P. The development will participate in Collier County's Single Stream Recycling (SSR) program. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 7 of 56 Q. Lighting for streets, parking, recreation and other public areas shall include energy efficient fluorescent/electronic ballasts, photovoltaics, low voltage lighting, motion sensors and/or timers on lighting and full cut -off luminaries in fixtures that comply with the International Dark -Sky Association. R. The developer shall not prohibit potential home buyers to select photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy efficient features as an option at their own expense. The above conditions shall be reported in the annual monitoring report. S. Site development shall comply with the Florida Green Building Coalition Certification Standards or equivalent green building standards, if required of all developers by Collier County. 2. HISTORICAL /ARCHAEOLOGICAL A. The Owner shall preserve in perpetuity the five archaeological sites 8CR556, 8CR878, 8CR881, 8CR879, and 8CR880 within Hacienda Lakes property and such sites shall be recorded as denoted AP (Archaeological Preserve) on Sheets 3 -12 in the MPUD Master Plan set. Such annotation (i.e., AP, Archaeological Preserve) shall appear on all applicable plats, and development order site plans that may be proffered in the future that are within 50 feet of the five defined archaeological sites. B. In areas where the archeological sites are located in the vicinity of proposed development, a buffer or conservation easement, a minimum of 25 feet in width shall be preserved, or upon approval of County equivalent protections, such as temporary fencing or other structural barriers, shall be constructed around the archaeological sites. C. The five archaeological sites shall remain undeveloped. An access easement of 15 feet, outside the conservation easement, around the archaeological sites for Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 8 of 56 MR potential digs and further study shall be provided by the Owner upon County request at no cost to County. Disturbance to these five protected archaeological sites may only occur with County approval, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. D. Historical /archeological areas shall not be used to meet preserve requirements. E. The Developer shall reasonably accommodate the Florida Division of Historical Resource's (DHR) investigation of these sites by allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. F. If any additional archaeological/historical sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Owner shall contact DHR, SWFRPC and Collier County so that a state certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. 3. HURRICANE EVACUATION/FLOODPLAINS A. (1) The following supplies and equipment shall be purchased by the Developer for Collier County Emergency Management in accordance with its specifications and in some cases sole source provider and delivered in new condition, free on board (FOB) to the Collier County Emergency Services Center. (2) The following contributions shall be a one -time contribution in full mitigation of all requirements of the current project scope of the Hacienda Lakes DRI: (a) Two (2) new 45kw towable portable generators with heavy duty diesel engine, sound insulated, manufactured by Godwin Pump and Generator to exactly Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 9 of 56 I] match the supplies, equipment, and power distribution systems approved and currently in use; or near the time of equipment acquisition by the Developer, as approved by the Collier County Emergency Management Department. This is a sole source procurement to ensure compatibility and parallel operations of generators within Collier County's existing fleet and insure the ability to provide essential emergency portable power to additional evacuation shelter spaces consumed by the increased shelter census created by the Hacienda Lakes DRI. Collier County will assume all maintenance, repair, and replacement of these generators following satisfactory acceptance by Collier County beyond the warranty period. Delivery of the first portable generator shall occur prior to the issuance of the first residential certificate of occupancy. Delivery of the second generator shall occur at the earlier of (i) 24 months from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 300`" residential unit within the development. (b) Two (2) new enclosed utility trailers for the storage and transport of the supplies noted above. Collier County will own and maintain these trailers and augment them with other minor disaster supplies in a fashion similar to its current disaster response unit (DRU) shelter supply delivery system. These trailers shall be new, from a Collier County approved list of vendor(s) and be at least 16 feet in length, dual axle load rated at 7,000 lbs. with trailer brakes, with laminate finish interior wall and floor finish, cabinets, shelving and load secure devices, Florida Department of Transportation approved for highway use, dropdown rear door and curbside door and extended tongue hitch length. At least one of the two trailers noted above shall include interior AC wiring, lighting, a generator connection, circuit breaker and roof mounted air conditioning to allow the empty trailer to be used for special post disaster field offices, damage assessment and relief efforts identical to the County's existing fleet of disaster supply trailers. Delivery of the utility trailers shall occur at the earlier of (i) 12 months Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 10 of 56 3� from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 1501h residential unit within the development. (c) Four hundred and twenty -two (422) new military type adult folding disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and delivery systems and shall be provided at the earlier of (i) 48 months from the issuance of the first residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy for the 1200th residential unit within the development. (d) Seventy -two (72) new special needs disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and delivery systems and shall be provided at the earlier of (i) 36 months from the issuance of the first residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy of the 900th residential unit within the development. (e) All deeds to property located within Hacienda Lakes shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and /or hurricane shelter spaces are limited. B. The Developer has provided off -site hurricane shelter mitigation for the Hacienda Lakes DRI per Paragraph A above pursuant to commitments made as a result of negotiations with Collier County officials. 4. STORMWATER MANAGEMENT A. The Hacienda Lakes DRI shall require a South Florida Water Management District (SWFMD) Environmental Resource Permit for conceptual approval of the proposed Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 11 of 56 • • k development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Owner shall procure SFWMD Water Use Permits for the proposed surface and /or groundwater withdrawals for landscape irrigation and for certain dewatering activities, as determined by the SFWMD, proposed for construction of project lakes and/or road or building foundations. C. At the time of permit application, the Owner shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. D. During construction activities, the Developer shall employ best management practices for erosion and sedimentation control. These practices shall be included with or presented on all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. E. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of applicable construction. F. The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales are preferred and shall be used, whenever possible, rather than closed systems. G. Any banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 12 of 56 H. The Developer shall conduct annual inspections of the Hacienda Lakes Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. I. The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. J. The Developer shall undertake a regularly (every other month) scheduled vacuum sweeping of all common streets and parking areas within the development, The Developer shall encourage any private commercial parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. K. In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one -half inch of dry pre- treatment (retention or detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. L. Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. M. The grassed stormwater treatment areas shall be mowed as part of the normal lawn maintenance of the development. Any debris that may accumulate in project Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 13 of 56 lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be repaired immediately. N. The best management practices matrix and techniques shall be used in the Hacienda Lakes DRI, consistent with the requirements of the SFWMD. O. Underdrain systems and grease baffles, if utilized within the Hacienda Lakes DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. P. Stormwater management system maintenance requirements shall include removal of any mosquito - productive nuisance plant species (e.g., water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as from the lake littoral zones employed in the system. Q. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. R. The Owner shall conduct a predevelopment determination of surface water quality in the portion of the Henderson Creek Canal proximal to the Hacienda Lakes DRI. The water quality parameters of total phosphorous, total nitrogen, biochemical oxygen demand, total suspended solids, lead, zinc, copper, and common lawn care pesticides shall be analyzed by a licensed vendor on a monthly basis at two sampling locations. The water quality monitoring program shall be conducted for an approximate five month period overlapping the dry season and wet season. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 14 of 56 S. Measures which will be utilized to mitigate potential adverse effects upon surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRI will include all proven effective best management practices (BMP's) which are appropriate at this Hacienda Lakes DRI. More specifically, these shall include proper timing and minimum applications of fertilizers, pesticides, and herbicides on the common areas of the property. T. Best management practices shall also be utilized to mitigate any adverse impacts from stormwater runoff. These BMP's shall include utilization of detention ponds, vegetative systems such as grassed swales, and water quality inlets (e.g. oil /grit separators). U. The proposed surface water management system shall consist of 5 basins. Controlled discharge from basin 1, 2, 3, and 4 shall be to the large wetland located to the east of the property with the following exception. The remaining basin 5 is the Junior Deputy League and Swamp Buggy Basin, and this basin shall discharge to the Collier Boulevard Canal in a manner generally consistent with the existing water management permit for the Swamp Buggy and Junior Deputy League property. The following is a summary of the Best Management Practices that will be utilized to accomplish additional water quality treatment beyond what is required by SFWMD: i. Construction Pollution Prevention Plan outlining construction techniques and maintenance practices to reduce or eliminate the sources of stormwater pollution. ii. Urban Stormwater Management Program of non - structural controls intended to improve the quality of stormwater runoff at the source of contaminants. iii. 50% additional stormwater runoff volume to be retained. iv. Phyto- Zones - Basins within the detention areas that provide an area for runoff into the lake to disperse, so as to allow biological pretreatment. V. Planted Littoral Zone - providing increased water quality by removing pollutant by biological uptake of nutrients and other ions. vi. Increased Flow Path - Locate inflow and outflow structures to maximize effective treatment time. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 15 of 56 ASK IPA V. Spreader Swale use as the last step in the discharge train to provide additional water quality and decrease erosion, based on energy diffusion (spreading of discharge over a grassed weir instead of discharging through a single pipe). W. The project shall not substantially adversely impact the Rookery Bay National Estuarine Research Reserve. Negative impacts shall be avoided by following all regulations for water quality treatment and water quantity attenuation within The South Florida Water Management District Basis of Review Volume IV. The project shall also go above and beyond the water quality treatment by providing 150% of the required treatment. In addition, the project has been reduced from 0.15 cfs /acre per Collier County Ordinance 90 -10 to 0.06 cfs /acre. X. Developer shall install several culverts under Sabal Palm Road to improve the sheetflow across the Road from north to south. Y. The master homeowner association, or community development district shall maintain the stormwater management system. Z. The stormwater management system of the project shall be consistent with the recommendations of the Southwest Florida Regional Planning Council ( SWFRPC) with regard to the use of fertilizers and stormwater treatment as described in resolutions SWFRPC 07- 01 and SWFRPC 08 -011, to the extent adopted by Collier County. 5. TRANSPORTATION The following commitments shall be completed prior to the projected build -out date, or a date that may be approved extending the projected build -out date. A. The Developer shall provide efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as reasonably deemed necessary by Collier County. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 16 of 56 • s Lea a B. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. C. The neighborhoods shall be developed with a multi -modal street system that can accommodate pedestrians and bicyclists, thereby promoting alternative modes of transportation and reducing greenhouse gas emissions. uses. D. All residences shall be within a two radial miles of the commercial land E. For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA I. The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the Collier Boulevard /Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 17 of 56 m over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request. ") of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site - related improvements. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 18 of 56 [1] Figure 1— Hacienda Lakes DRI - Commitment I Legend Existing Lanes /Turn Lanes Nr 0`1 L Lanes /Turn Lanes to be Constructed /Reconstructed Roadway Segment to be Constructed Potential Areas to be Developed 11 tom' �✓' �ja v U � b b � b`�444P Rattlesnake Hammock Road Extension r i Residential Pod A Florida Power Line Easement II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site - related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office, and; Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent - Rev. 09/15/11 Page 19 of 56 50,000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment I), and; I), and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment Required residential uses within Activity Center land use; These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 20 of 56 WOI Figure 2 — Hacienda Lakes DR[ - Commitment II III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Hacienda Lakes, DRI- 2006 -AR -10147 Approved CCPC Consent - Rev. 09/15/11 Page 21 of 56 Le¢end {� Existing Lanes /Turn Lanes L Lanes /Turn Lanes to be Constructed/ Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed ❑ Area Previously Developed ❑ Area to be Developed APotential Area to be Developed 0 y' ; Jlil�►�► J � 4r ~ i tititttr III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Hacienda Lakes, DRI- 2006 -AR -10147 Approved CCPC Consent - Rev. 09/15/11 Page 21 of 56 L Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right -of -way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $30,000 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 22 of 56 r � Figure 3 — Hacienda Lakes DRI - Commitment III j Legend �y Existing Lanes /Turn Lanes �, _anes /Turn Lanes to be Constructed /Reconstructed ® Roadway Segment Previously Constructed Roadway Segment to be Constructed UArea Previously Developed Area to be Developed 40D v �a Rattlesnake Hammock Roa xtension Residential Residential Pod B Pod A \ i l�• a \ Florida Power Line Easement NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, Hacienda Lakes, DRI- 2006 -AR -10147 Approved CCPC Consent - Rev. 09/1 /11 Page 23 of 56 [L FU below. At no time will the County accept ownership of this bridge. This improvement is a site- related improvement. Fieure 4 — Hacienda Lakes DRI - Lnmmitment IV V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent -Rev. 09/15/11 Page 24 of 56 Felrp Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: Business Park, and; Residential Pod D. These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right -of -way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right -of -way, the Owner shall convey by road easement to the County the needed road right -of -way up to a width of 60 feet free and clear of all liens and encumbrances and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $30,000 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 25 of 56 ri ure :) — Macienca Lakes UK[ - commitment v / Florida Power Line Easement Residential f Pod C i Residential;, y Pod D The Lord's Wad . Jlilb �j�y s r tiTttr 2 BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right -of -way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right -of- way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent - Rev. 09/15/11 Page 26 of 56 FRatt'iesl':,::Ik�,1,:',!,,',,Hammock Read Extension Residential Residential Pod B Pod A v �-- , Le ens.. {y Existing Lanes/Turn Lanes L Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right -of -way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right -of- way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent - Rev. 09/15/11 Page 26 of 56 convey to the County a road easement for the road right -of -way needed for this section of Benfield Road up to a width of 120 feet free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The fair market value of 50% of the road right -of -way easement to the County has been determined to be $30,000 per acre. Fifty percent (50 %) of the fair market value of the road right -of -way easement and the total cost of the improvements are site - related improvements. The cost of this improvement will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 27 of 56 rigure d — naaenoa Lakes utti - t_ommirment vi Florida Power Line Easement Ftesidenti<RI __.. Pod C Residential Pori 0 Residential Pod E # . -ie Lord's W a •, Rattlesnake Hammock Roadxtension r t Residential Residential PCd 8 Pod A Legend Exist" Lanes/Tum Lanes L Lar+es/tvrn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed -- Area Previously Developed Area to be Dfvrlaped VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right -of -way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right -of -way has been determined to be $30,000 per acre. The area to be conveyed is depicted in Figure 7, below. Hacienda Lakes, DRI- 2006 -AR -10147 Approved CCPC Consent - Rev. 09/15/11 Page 28 of 56 [I� PM r Florida Power Line Easement Res&dential Pod C. Residential Foci D Resloent .al P4A E Pod A "nod �I {� F.Kfing Lanrs%Tum Lance Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Prevlou5ly Constructed i Repht of Way to be areserveo Area "teviov4ly Deaeioped ,Srra to br flrvrlcprd VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right -of -way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) up to a width of 120 feet free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right -of -way conveyance. The area to be dedicated is depicted in Figure 8, below. Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent - Rev. 09/15/11 Page 29 of 56 Figure 8 — Hacienda Lakes DRI - Commitment VIII Florida Power Line Easement Legend Right of Way to be Dedicated IX. As part of its State and Federal permits, the Owner shall pay for mitigation required for and State or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: (1) Convey drainage easement(s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. These are site - related contributions. Hacienda Lakes, DRI-2006-AR- 10 147 Approved CCPC Consent - Rev. 09/15/11 Page 30 of 56 Mrs Lem a F. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share (as defined in the State of Florida's HB 7207) of impacted County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site - related transportation improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any road right -of -way conveyance by donation to the County, unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33% of approved development trips (1,109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 31 of 56 m by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. G. DRI traffic studies identified an off -site impact at the interchange of I -75 and S.R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound S.R. 951 to westbound (northbound) I -75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant (exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation. When the first transportation analysis required under section S.F. is undertaken (e.g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service as determined by County or FDOT, then the Developer will identify a solution to offset its impacts and /or restore acceptable operating conditions, and contribute its proportionate share, per section S.F., of the cost of the improvement to the appropriate government agency. If a proportionate share payment is identified as needed, the owner shall receive road impact fee credits for 100 percent of this contribution. H. If Owner conveys to County mitigated land for the real property conveyances described in Subsections III, V, VI and VII of this Article 5, Transportation, then Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal environmental mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 32 of 56 Airm AND this cost. The cost of State and Federal mitigation shall include land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. In lieu of transportation impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County -owned State or Federal panther and wetlands credits equal to the value of the transportation impact fee credits calculated pursuant to this Subsection H. 6. VEGETATION AND WILDLIFE/WETLANDS A. The Hacienda Lakes DRI shall preserve no less than 982.89 acres of native vegetation. B. The need for wildlife crossings and fencing designs for roadways crossing of the preserve areas shall be reviewed by the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission ( "FFWCC ") as part of the ERP permit process. C. Review of State listed species and habitat impacts /mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft Hacienda Lakes Preserve Area Management Plan submitted on March 18, 2011, shall be implemented for the preserve areas shown in the master plan Exhibit `B ". D. The Owner shall enhance the preserved wetlands and the wetland hydroperiods and shall maintain them to provide for the natural wet and dry cycles, providing foraging and habitat for wading birds. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 33 of 56 8B E. The Owner shall enhance wetland and upland areas to include the hand- removal of exotic and nuisance vegetation and supplemental plantings installed in areas with greater than 50 percent exotic coverage. F. The Owner shall preserve, enhance, and place in a conservation easement the 1,544± acres of preserves, including approximately 73 percent (1,283± acres) of the wetlands on -site. In addition, 3t acres of SFWMD Other Surface Waters shall be enhanced and preserved, and shall be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. Approximately 982.89 acres of the preserve is required native vegetation (by Collier County), that shall be preserved, enhanced and placed in a conservation easement in favor of Collier County, but maintained by Owner. G. Prior to commencement of construction, the limits of wetland preserves shall be staked and roped to prevent encroachment by construction activities. In addition, best management practices for erosion control shall be implemented during construction of the project. Prior to commencement of construction, erosion control devices shall be installed where appropriate to control and reduce soil erosion, sediment transport, and turbidity. Such devices, which include haybale barriers, silt fencing, sediment booms, and temporary sediment traps, shall remain in place throughout the duration of construction until construction zones and surrounding areas are stabilized. H. The on -site wetland preserves shall be enhanced through exotic removal and supplemental plantings, which will result in preserves that are more suitable as foraging habitats for the listed wading birds observed on -site, as well as providing potential roosting areas. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 34 of 56 I. Where a minimum 15f foot upland buffer adjacent to wetland preserves is not feasible, structural buffers as set forth in the SFWMD's Basis for Review shall be provided. Structural buffers planted with native vegetation will be used throughout the Project along all areas that border wetland preserve areas to restrict access from the development to the preserve area. Generally, in areas where development is located adjacent to the conservation area or the property line, the structural buffer will be a 15 -foot wide berm planted on the back slope with native tree, shrub, and ground cover vegetation. J. Emergent wetland acres shall be increased through the planting of littoral zones in the lakes created as part of the development. K. Enhancement of the wetland and upland preserves shall include the removal of exotic vegetation such as melaleuca, Brazilian pepper, and downy rose myrtle. Exotic vegetation removal shall be done by hand removal. In general, the exotics shall be treated in place with an appropriate herbicide and left standing, or exotics shall be cut, the cut vegetation removed or stacked in place, and the remaining stump treated with an appropriate herbicide. Supplemental plantings of native vegetation shall be installed in areas of greater than 50 percent exotic coverage. In addition, as part of the mitigation plan, areas of degraded wetlands, including monocultures of melaleuca, shall be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for these areas will include the establishment of marshes for wading bird foraging habitat. These marshes shall be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. The surface water management system shall be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods shall be maintained to provide for the natural wet and dry cycles, to provide foraging for wading birds. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 35 of 56 L. In addition to Paragraph A above, native landscaping shall be used to meet the criteria of Sub - section 4.06.05 D. La., of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. M. According to the Listed Species Management Plan (revised May 2011), the wetland and upland preserves, excluding reserved right -of -ways and access easements, will be placed in a conservation easement or equivalent deed restriction with inspection, enforcement, and approval rights granted to the South Florida Water Management District (SFWMD). The date(s), receiver of the easement or deed title, and record reference for each conservation easement or fee - simple donation of conservation/preservation areas filed will be provided at the time of filing to the SWFRPC and referenced in the biennial DRI report. N. Review of federal listed species and habitat impacts /mitigation shall be addressed in coordination with the USFWS during the USACOE permit process or as Section 10 reviews based on specific site plan details. At a minimum, the Hacienda Lakes Preserve Area Management Plan dated May, 2011, shall be implemented for the preserve areas shown in the master plan Exhibit `B" and the measures recommended by the USFWS in consultation with the USACOE for conservation of the Florida panther, wood stork, red - cockaded woodpecker, eastern indigo snake, and any other federal listed species encountered will be employed to avoid and minimize the proposed project's impact on both individual animals and their habitats. The mitigation plan for unavoidable impacts to these species, including the location, management plan, and method of assurance of permanent protection and management for these listed species and proposed actions that would minimize the likelihood of adverse human/animal interactions will be reported in the Hacienda Lakes Preserve Area Management Plan and revisions thereof. O. The initial habitat restoration and preservation efforts will be conducted by the Developer prior to the anticipated deeding of the lands to the State. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 36 of 56 L a • N [;,Is P. The Owner anticipates deeding portions of the preserves to the State in order to complement the adjacent Picayune Strand State Forest. The preserve areas would be maintained in accordance with the Wetland Mitigation/Monitoring /Maintenance Plan (to be approved as part of SFWMD Environmental Resource Permit Application 100126 -5) and managed to provide habitat for listed species. In the event that the transfer of ownership to the State does not occur, the responsibility of perpetual management for these conservation areas would become the responsibility of a Home Owners Association (HOA) or another similar entity. In this case, the contract of responsibility for the HOA shall include a mechanism for perpetual funding, assurances that the approved management plan would be followed, and assurances that management activities would be conducted by a qualified entity. Q. Developer shall coordinate pedestrian access and horse trails leading to and through the Picayune Strand with the owner of the Picayune Strand. 7. UTILITIES — COLLIER COUNTY WATER SEWER DISTRICT (CCWSD) INFRASTRUCTURE A. In accordance with the current Collier County 2008 Water and Sewer Master Plan Update, the parties acknowledge that the Hacienda Lakes development may be located within the Collier County Water -Sewer District Boundaries, and; upon Board of County Commissioners approval of this Development Order Resolution , the Collier County Consolidated Impact Fee Ordinance shall apply. B. Developer shall follow existing well field protection requirements identified in the Collier County Land Development Code (LDC) in Section 3.06.00. Developer shall show all well sites and pipeline easements located on and close to this development on all future site development plans (SDP), plans and plats (PPL) and any other site plan applications. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 37 of 56 C. The project shall connect to the CCWSD potable water system at a location determined by CCWSD, when capacity is available.. D. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. E. The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD, when capacity is available. F. Should the Collier County Water -Sewer District determine that it does not have sufficient capacity to serve the project, the Developer shall either construct interim potable water, wastewater treatment and /or non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and/or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. G. Temporary septic systems may be utilized in conjunction with construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other than for construction and sales offices, model homes and rest shelters. All temporary septic systems shall be properly abandoned and/or removed by a professional licensed to install and remove septic systems at the time when permanent or interim wastewater treatment facilities become available. H. All utility facilities shall be designed and constructed in accordance with Ordinance 2004 -31, and any amendments or successors thereto. Prior to commencement of Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 38 of 56 construction all design and construction documents pertaining to utility facilities shall be reviewed and approved by the CCWSD. (1) The utility facility shall include but not be limited to: all construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution systems, wastewater collection and conveyance systems, irrigation quality distribution systems and any possible onsite treatment facilities. I. All potable water infrastructures shall be conveyed to the CCWSD. J. All wastewater collection and conveyance infrastructure shall be conveyed to the CCWSD. K. All customers shall be customers of the Collier County Water Sewer District. 8. EMERGENCY, POLICE AND FIRE PROTECTION. A. The Developer shall meet with the Sheriff's Department prior to initial construction, and again at least every 24- months thereafter, if requested by the Sheriff, to establish programs and incorporate crime prevention measures during each phase of the site development process. Written results of any meeting(s) shall be provided as a part of the local development order application. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. (1) In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the Developer shall provide a one acre parcel to Collier County. Such public facility site is identified as "PF ": on Maps H -2 and H -3 of Exhibit "B ". Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 39 of 56 relvo LOR a (2) The dedication of the one acre site shall be by deed to Collier County at no cost to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. (3) The valuation of the one acre site dedication has been determined to be $30,000 per acre, and such dedication shall occur at the earliest of (i) 48 months from the issuance of the first residential certificate of occupancy, or (ii) no later than at the time the 500th residential unit is included in a development order application (site development plan, or plat), subsequent to the adoption of the DRI Development Order. (4) If Owner conveys to County mitigated land for the real property conveyances described in this Article 8, Emergency, Police and Fire Protection, then Owner shall be entitled to an EMS impact fee credit for the value of the mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The cost of State and Federal mitigation shall include land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County -owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 40 of 56 D. Facilities qualifying under the Superfund Amendments Reauthorization Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in accordance with Sections 302, 303 ,304, 311, 312, or 313 thereof. Applications shall be updated annually by each reporting facility. E. Any on -site facilities with commercial pool operations shall comply with appropriate codes and statutes including required safety measures such as chemical sensors, internal alarm systems, or emergency shutdown systems. F. During the site planning process, a utility master plan shall be developed that will address fire flow and the fire districts shall be consulted during the preparation of the plan. G. Portions of the commercial and residential developments may utilize natural gas as a source of energy. Coordination with the local fire departments shall occur for those developments through the site plan review process. H. Appropriate Crime Prevention Through Environmental Design (CPTED) strategies, as adopted by Collier County, shall be used when designing sites, buildings, streets, signs, landscaping and parking, and the County may submit such designs to the Sheriffs Office for comments and consideration during the County's site plan review process. I. The Developer shall coordinate with Collier County Public Utilities to ensure underground gas lines drawings are provided to the responding Fire Departments. 9. PHASING The project shall be developed in one overall phase that will include the entire development program. The phasing schedule is set forth on Exhibit "B ", MAPS H -2 through H -4. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 41 of 56 l� 10. SOLID/HAZARDOUSIMEDICAL WASTE A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program and all development components (i.e.: residential, commercial et al) shall participate in all conservation practices such as recycling, trash compaction, and mechanical shredding. B. Any business located within the Hacienda Lakes DRI, which generates hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17- 730.030, Florida Administrative Code), shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such businesses. However, there shall be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. C. The Project shall be bound by all applicable recycling requirements effective in Collier County at the time of the development. D. Areas within buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities which are adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. E. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. F. All hazardous materials shall be handled, stored and applied in accordance with applicable regulations. G. All commercial uses shall meet Federal, State and local hazardous materials' compliance requirements. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 42 of 56 • 5 revs] logo H. The local fire departments shall be informed, through the local government development order process, of any development where natural gas is to be used. I. There shall be no discharge of medical waste from medical facilities into the sewage system. J. Grease traps shall be required to comply with local and state codes. Additionally, the captured grease is to be hauled off by a licensed hauler. 11. SCHOOL SITE As set forth in a tri-party Developer Contribution Agreement, the Owner shall, no later than the issuance of the 500th residential building permit, dedicate to the District School Board of Collier County a 19.55 acre elementary school site, or less if agreed to by the School Board within the Hacienda Lakes DRI with the following characteristics: (a) A school site of 19.55 developable acres, or less if agreed to by the School Board, with wetland impact mitigated on the site as approved by permitting agencies, shall be provided for within the DRI; (b) Water and sewer connections shall be available at site. (c) The site shall accommodate typical 900 + /- student capacity elementary school, with other facility requirements such as parking, sidewalks, water management, recreational facilities and other standard facilities. (d) The site shall be zoned for School use as part of the overall approval for the Hacienda Lakes DRI /MPUD. (e) The site location will be in lands designated Urban Residential Fringe in the County's Future Land Use Element, that is west of the one mile line east from County Road 951. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 43 of 56 site. (f) Students residing within the project shall be within 1.5 miles of the school (g) The Developer shall attempt to keep the school's frontage road(s) at 2 lanes for safer walking conditions. (h) The school site shall have direct legal access to a public road right -of -way. (i) School District acceptance of the dedication shall be contingent upon School Board approval and a satisfactory site feasibility study demonstrating that the land is suitable for the School District's intended use as an elementary school site with appropriate environmental conditions, usable acreage and direct legal access. 0) It is anticipated that there will be no concurrency issues at the time of development, but the project will be subject to school concurrency at the time of site development plan review. A preliminary school impact analysis estimating the total number of students by housing type generated by the Hacienda Lakes DRI/MPUD is estimated in the table below. Proposal: Estimated Number of Students Generated by Housing Type Dwelling Unit Type Units Elementary Middle High Total Students Single Family 704 112.64 70.40 84.48 267.52 Multifamily 1056 211.20 84.48 95.04 390.72 Mobile Home Condo/Coop 0.00 0.00 0.00 0.00 Government Total 1760 324 155 180 658 (k) The Owner shall be compensated for the school site by way of school impact fee credits as set forth in a Tri -party Developer Contribution Agreement, the amount determined upon land valuation under a mutually agreed land appraisal mechanism and valuation Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 44 of 56 described in such Agreement to be negotiated within two years of the approval of this development order. (1) Public facilities such as parks, libraries and community centers shall be permitted to be collocated with schools. The Elementary school shall be encouraged as focal points for neighborhoods. 12. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN A. Collier County has determined that the Hacienda Lakes DRI project is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's Concurrency Management System relative to public facilities necessary to support the project. B. The project furthers the Rural Fringe Mixed Use District objectives by severing Transfer of Development Rights ( "TDRs ") from approximately 1,517 acres of lands designated Sending Lands on the FLUM. Those Sending Lands which generate the TDRs will be placed under a permanent conservation mechanism and ultimately be deeded to a public entity, if accepted by them. C. The residential density of the proposed PUD is in compliance with the Density Rating System of the Future Land Use Element (FLUE), and is limited to 1,760 single- family and multi - family residential units. The overall Project gross density will not exceed 0.78 dwelling units per acre. D. Owner and Developer will implement Policy 3.1 of the FLUE through on- site well field protection measures, preservation of Natural Resource Protection Area (NRPA) lands within the Project, preservation of archaeological sites within the Project, and the safe and convenient vehicular and pedestrian movement within the Project. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 45 of 56 • s N WWI Ame E. Owner and Developer will implement Policy 5.6 of the FLUE through the use of clustered development and utilization of the TDR program within the Rural Fringe Mixed Use District. F. Owner and Developer will implement Policies 7.1, 7.2, 7.3, and 7.4 of the FLUE by providing for vehicular and pedestrian interconnections with off -site public roadways and adjacent greenways. Additionally, public access and roadway easements will not be vacated to preclude access to off -site private and public lands. 13. RECREATION AND OPEN SPACE A. Recreational facilities and open space will include the Florida Sports Park Swamp Buggy grounds and arena, Junior Deputy passive recreational area, lakes, trails and preserves, as well as community recreation and social spaces integrated into the residential development areas. Map I1 locates the preserves, lakes, passive recreation site, and the attraction (Swamp Buggy), but does not include open spaces within individual tracts. B. The following land uses would be permitted in the Junior Deputy Tract of the Mixed -Use Planned Unit Development: a. Principal Uses: i. Open space and recreational uses; ii. Hiking, biking, fishing, boating, camping, picnicking and nature trails; iii. Sporting and recreational camps; iv. Caretaker's residence, limited to two for the JD designated area: V. Wetland preserves; vi. Upland preserves. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 46 of 56 b. Accessory Uses: i. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: ii. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks; iii. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; facilities; iv. Passive parks and passive recreational uses; V. Pervious roads, driveways, and pervious and/or impervious parking vi. Project identification and directional signage; vii. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; viii. Restrooms/bath houses: ix. Roofed or unroofed storage for maintenance and recreational equipment; X. Fencing and security gates, which may include barbed wire; xi. Archery and air rifle range(s). C. Public access to this Project's Preserve Tract will be consistent with the State's Management Plan, upon conveyance to a public agency. D. The Hacienda Lakes DRI will not impact a recreation trail designated pursuant to Chapter 260, F. S., and Chapter 16D -7, F.A.C. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 47 of 56 E. No parks and/or open space will be dedicated to the County. However, up to 1,549 acres of natural preserve area is intended to be dedicated to the State. The Hacienda Lakes DRI will provide a long -term restoration and maintenance program for its onsite open space and recreation lands. F. The development of the Hacienda Lakes DRI will be consistent with the goals, objectives and policies of the Collier County Growth Management Plan through the implementation of the County's Transfer of Development Rights program (TDR). The criteria for utilizing the TDR program will address the goals of the Natural Resources Element of the Strategic Regional Policy Plan through implementation of restoration, provision for maintenance, and dedication of high quality natural areas. The lands intended to be dedicated to the State will provide for recreation opportunities and open spaces as contemplated by the local and regional policy. G. The Developer, at a minimum, shall comply with Collier County Level Of Service requirements at the time of Development Order issuance. H. As a part of the biennial monitoring process, the Developer shall identify compliance with the requirements listed above. 14. MPUD DOCUMENT There is a MPUD Document (Ordinance No. 2011 -41) approved by the Collier County Board of County Commissioners on October 25, 2011, which also governs the Hacienda Lakes DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also govern the development and use of property within the Hacienda Lakes DRI, even though the MPUD Document (Ordinance No. 2011 -41) is specifically not made a part of this Development Order. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 48 of 56 FA � 15. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the Owner within the Application of Development Approval (and supplementary documents) may be used to interpret specific conditions for DRI approval outlined above if officially adopted as conditions for approval. B. The Developer shall submit a biennial report on this Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in subsection 380.06(18), Florida Statutes. C. The development is on a one Phase schedule as set forth on Exhibit `B" Maps H -2 through H -4. If Development Order conditions and Developer commitments incorporated within the Development Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue unless otherwise provided in 2011 -139, Laws of Florida (2011). D. If Collier County, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFRPC's official recommendations for the Hacienda Lakes DRI shall be used as a guide by Collier County in determining additional substantial regional impacts. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 49 of 56 E. The following land use conversions are anticipated within the DRI: (1) 1.0 residential unit equates to 2.73 Recreational Vehicle units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Care Units (not to exceed 450 Senior Housing Care Units in the entire PUD). (2) Up to 1,232 of the total 1,760 residential units may be multi - family as defined in the Land Development Code. (3) Non - residential land use conversions may include: a conversion of retail allocation to office allocation at a one to one (1:1) ratio, not to exceed 25% of the retail land use allocation; and from the hotel allocation of 92,000 square feet to 60,000 square feet of Business Park land uses if no hotel is developed in the DRI. In no event shall the DRI exceed 3,328 PM Peak Hour Trips. Any land use change that would result in an aggregate project traffic impact greater than 3,328 PM Peak Hour Trips shall require the filing of a Notice of Proposed Change, if required by applicable law at the time. (4) If any conversions are used, Developer shall provide written notification to SWFRPC and the Florida Department of Economic Opportunity. 16. APPLICATION OF THIS DEVELOPMENT ORDER A. For the purposes of this Development Order, the "Owner" commitments set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and/or assigns. The "Owner" commitments below shall not be enforceable upon Swamp Buggy, Inc., nor Collier County Junior Deputies League, Inc., except to the extent it is a requirement related to the land owned by same. The commitments may only be assigned by written notice to the Growth Management Division Administrator and confirmation that the Administrator has received such notice. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 50 of 56 • m [on* • b B B. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. 17. LEGAL ACCESS A. Access to Parcel "A," as described in Exhibit "C" of this document shall be via a new roadway easement from the Owner to the owner, successor, or assigns of Parcel A that includes Parcel Folio Numbers 00467320802, and 00467320501 that shall be recorded in the Public Records of Collier County, and shall run in a north -south direction from the existing 30- foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of the Hacienda Lakes MPUD. B. Access to Parcel "B," as described in Exhibit "D" of this document, shall be via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O.R. Book 6222, Page 1609, O.R. Book 245, page 124, , and O.R. Book 287, Page 18. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 51 of 56 C. No existing public access /roadway easements shall be vacated to preclude reasonable access to off -site private and public lands without providing replacement access easements. This new easement shall be equivalent to the existing easement and shall be recorded concurrently with the vacation. 18. PLANNING A. Prior to the issuance of the first residential SDP or Plat Approval in the Hacienda Lakes DRI, Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and there shall be executed and filed a Limitation of Development Rights Agreement(s) for such lands at that time. B. A permanent conservation mechanism, including such Limitation of Development Rights Agreement(s), shall be attached/or applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first SDP or Plat Approval for the Hacienda Lakes DRI project. C. This Development Order states the land uses approved in gross square feet, acreage and parking (if applicable) are consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The County Manager or designee shall be the local official responsible for assuring compliance with the Development Order. 2. This Development Order shall remain in effect for 15 years from the date of adoption. Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 52 of 56 r:, 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development order. 4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt from down- zoning or intensity or density reduction for a period of 15 years from the date of adoption of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5. The Developer or its successor in title to the subject property shall submit a report biennially, commencing two years from the effective date of this Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format ", as may be amended, provided by the SWFRPC. Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present. Upon a finding that one or more of the following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended development order: A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein, or substantial deviation from the approved development plans which Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 Page 53 of 56 create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional Planning Council; or B. An expiration of the period of effectiveness of this Development order as provided herein; or C. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development order have occurred or that the Development Order was based on substantial inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. D. If Owner or Developer desires to develop "stadium, training and practice facilities for professional baseball (Group 7941) ", a Notice of Proposed Change or Substantial Deviation Application for Development Approval shall be processed in accordance with Section 380.06, F.S. or any successor statute, and this Development Order shall be amended. If state law changes such that a DRI review or other state review is no longer required, then this provision shall terminate. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures, 8. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Hacienda Lakes, DRI-2006-AR- 10 147 BCC Approved 10/25/11 Page 54 of 56 l� 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter 190, Florida CtntlltPQ 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Order which shall remain in full force and effect. 11. This Development Order shall be binding upon the County, the Owner, and the Developer, their assignees or successors in interest. 12. This Development Order shall become effective as provided by law. 13. Certified copies of this Order shall be provided to the Department of Economic Opportunity and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Florida Statutes. This Resolution adopted after motion, second and favorable vote this 25`h day of October, 2011. ATTEST: DWIGHT E. ,BROCK, CLERK R.H• • G�w _ A�2-t 434' I t9patw" t Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GO IC . By: k FRED W. COYLE, Chai Page 55 of 56 Approved as to form and legal sufficiency: H idi Ashton- Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — Legal Description Exhibit B — Maps H -1 through H -4 including phasing schedule Exhibit C — Access to Parcel A Exhibit D — Access to Parcel B Exhibit E — ADA Map O CP \10- CPS - 01022 \1 15 Hacienda Lakes, DRI- 2006 -AR -10147 BCC Approved 10/25/11 OWN Page 56 of 56 ADA DEVELOPMENT ORDER EXHIBIT "A" LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S.89 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89° 11'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 013'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00 °14'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 °07'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °12'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01 004'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01 °18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89 °22'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °14'38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 001'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 001'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 001'15 "E. FOR 1699.99 FEET; THENCE S.89 001'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 °01'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 °51'54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF ADA Development Order Exhibit A Page 1 of 4 THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 048'45 "E. ALONG SAID WEST AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 049'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 028'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °49'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87 025'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 047'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 027'14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °47'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 028'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 038'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 °41'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 040'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 036'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S.87026'1 I "W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 035'02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 °38'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 035'02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID ADA Development Order Exhibit A Page 2 of 4 • ■ A ■ FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 °38'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °3727 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S.00 °26'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.87 033'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 034'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 028'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 012'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.03 039'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 007'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 018'31 "E. FOR 1451.00 FEET; THENCE N.88 056'54 "E. FOR 1582.00 FEET; THENCE S.00 031'35 "E. FOR 1130.61 FEET; THENCE S.89° 15'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 057'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °37'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °34'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 041'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °23'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 022'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 052'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 046'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST ADA Development Order Exhibit A Page 3 of 4 LAN QUARTER CORNER OF SAID SECTION; THENCE S.01 °12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46' 12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES +/- PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 128'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °00'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- ADA Development Order Exhibit A Page 4 of 4 0 0.2 0.4 Miles Hacienda Lakes Map H -1 ADA DEVELOPMENT ORDER EXHIBIT "B" N ('ULSt iIAt= i 11L. r ri a Mm,ng V- -im -Civil Engincrnng Surveying & mappim; Prepared By, rpnes Printing Date'. July 14, 2010 File'. 792jeo 000505 0150.0203 Hacienda Lakes\ADA \Rev01\ Hacienda_H 1_0evPlan • o • A allI Urban Residential Fringe Subdistrict Rural Fringe Mixed Use District 6 i (see Map H -3 for details) (see Map H -4 for details) 0 w' �I C,f U FPL Easement Access IEasement Proposed Access I R I R R or RV Proposed Access E60M � ��. AJ ROW P FPL P . Proposed Access I Easseme < JD RATTLESNAKE 111t1OCiR�7`� S R /MU, 1/4 MI Support \-'r I Collier Regional R Medical Border �. Medical Center 7 I ♦ I♦ TECO People's • .. G_ O Main Lines SABAL PALM RD P R Jr "�Sem�� I srATE c LANDS Acc Easement I I IAccess I Easement Henderson Creek I� Canal I Totals 1760 Units 704 Units 1,056 Units 337,500 SF 70,000 SF 140,000 SF 919 Students `rho 135 Room hotel is proposed to be developed in Stage One, in 2014. —The optional 290 unit RV Park may be dewloped In Stage One in 2015 I 47 I Legend LI Residential (R) RV Development Area (RV) E] Project Boundary . Preserve Tract (P) Attraction Tract (A) EI Public ROW Reservation (ROW) Junior Deputy (JD) ■ School (S) Commercial (C) Residential / Medical Use (R /MU) Public Facilities Tract (EMS) ■Business Park (BP) — Roads - -TECO People's Gas Main Lines — Henderson Creek Canal —Collier County Major Roads P Access' Easement E 0 1,000 2,000 Feet K \X/ / \IHC. Hacienda Lakes /1\ 1t \ T TL JIL Map H -2 Plennmg Viaualixation ADA DEVELOPMENT ORDER EXHIBIT "B" Civil rve Engircedng Surveying & Mapping Su (Revised 9 -7 -11) N Path:rWrojectsr2003`OS o150.oz.07_WdmEalakeawDA OOViEV 03Y1ace HZ_Dry n_M... Legend Q Residential (R) RV Development Area (RV) OProject Boundary - Attraction Tract (A) O Junior Deputy(JD) Public ROW Reservation (ROW) - Business Park (BP) - School (S) O Public Facilities Tract (EMS) Residential I Medical Use (RIMU) Commercial (C) - Preserve Tract (P) Roads -- TECO People's Gas Main Lines — Henderson Creek Canal Collier County Major Roads Proposed Access Proposed Access TECO People's Gas Main Lines\ Proposed \ RATTLESNAKE Access A K eee 1/4 Mi. Support J Medical Border / UJ J r Dun 0101, m � wV J J O L) FPL Easement Rural Fringe Mixed Use District - --� (see Map H-4 for details) I ' I I I I R I I I I I , PF THE LORD'S WAY ROW Henderson Creek Canal PROP, RATTLESNAKE HAMMOCK RD. EXT. C C \ R/M U �I I FPL Easement Collier Regional Medical Center I I i Totals: 1780 Units 704 Units 1,058 Unita ]27,600 81 70,000 IF 140,000 SF 918 5tudents `The 135 Room hotel is proposed to f developed in Stage One, in 2714. "The optional 29D unit RV Park may be developed in Step One, in 2115 0 400 B00 Hacienda Lakes Feet Map H -3 ADA DEVELOPMENT ORDER EXHIBIT "B" (Revised 9 -7 -11) N BOUNDARY OF ol R TRACT ALLOWING RV USES RorRV A JD BP R P CC NSUI I t i\ t TA JL -Poamiag vimal -unn Civil Engineering -Surveying & Mapping Pan: T:WaNar\Ip0905_o15a.@.p3_ ndai-akesWDA DOV2EV 0.i41aciendaJ[1_OaWhn_DO.— ♦ Urban Residential Fringe Subdistrict (see Map H -3 for details) R or RV ROW SABAL PALM RD Access' Easement P Access Easement Legend Layer QProject Boundary - Preserve Tract (P) RV Development Area (RV) - Public ROW Reservation Rural (ROW) Residential (R) Collier County Roads T 1790 Units 704 Units 1,059 Units 327,500 SF 70,000 SF 140,000 SF 919 Students 'The 135 Room hotel is proposed to be deeeloped in Stage One, in 2014. —The optional 29(1 unit RV Park may be developed in Stage One, in 2015 P R Access STATE Easement LANDS P a ilia Access Easement P Hacienda Lakes 0 800 1,600 Feet Map H -4 ADA DEVELOPMENT ORDER EXHIBIT "B" \ (Revised 9 -7 -11) �1 N Land Use ary Type Acreage Commercial' 34.16+/ - 'Lands Encumbered by ROW Tract Attraction 47.27+/ - Residential 447.86+/ - Business Park or School 35.38+/ - preserve 1544.14+1 - Pudic Facility 1.33+1 - Junior Deputy 21.62+1 - School 19.55+/ - ResidentialiMedical Use 38.82+/ - Public ROW & Easement 72.01+/ - Tote 2262.14 + /- Access Easement eT I / \ TA INC. t crv9t;L, I i \T ,L a Planning -Vicualiratim Civil Engineering - Surveying & Mapping Pant: P.WroRSLS�lOf6� p150.Ot.03_IYCerMalokesNDA OOWEV RtWec� f41_DwPNn ODmN ADA DEVELOPMENT ORDER EXHIBIT "C" PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 055'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46' 12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES +/- ADA DEVELOPMENT ORDER EXHIBIT C Page 1 of 1 ADA DEVELOPMENT ORDER EXHIBIT "D" PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °17'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °00'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- ADA DEVELOPMENT ORDER EXHIBIT D Page 1 of 1 0 500 ,,000 EXHIBIT 'DIX \,NC. 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