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Agenda 11/18/2008 Item #16A12 EXECUTIVE SUMMARY Agenda Item No. 16A12 November 18, 2008 Page 1 of 68 Recommendation to adopt a resolution designating 2,876.2 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CDC SSA 16", approving a credit agreement for CDC SSA 16, approving an easement agreement for CDC SSA 16, approving an escrow agreement, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Collier Enterprises Management, Inc. OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for visionary methodology to preserve environmentally significant land, to protect agricultural land and to direct growth to suitable locations. Collier County adopted the RLSA Overlay in the Land Development Code (LDC) as tbe implementing rel,'Ulation for the Growth Management Plan amendments known broadly as the "Rural/Eastern Lands Amendments" which wcre developcd in response to Administration Commission Final Order No. AC99-002, which required a, "Rural and Agricultural Assessment" and subsequent adoption of the Growth Management Plan amendment based upon that assessment. This application by Collier Enterprises Management, Inc. a Florida Not for Profit Corporation, representing CDC Land investment, Inc., a Florida Profit Corporation, is a proactive measure to further enhance the environmental value of this area by removing land use layers within CDC Land Investment, Inc., (CDC SSA 16). The removal ofland use layers would result in the award of 4,485.9 Stewardship Credits upon approval of this SSA. No restoration activities are proposed and, accordingly, no Stewardship Credits will be awarded for restoration. CONSIDERATIONS: This Designation Application (2008-AR-13326) proposes a Stewardship Sending Area consisting of 2,876.2 acres located in the RLSA. On all 2,876.2 acres (100 percent) land use layers ] -4 would be removed. The legal description has been checked and the acreage verified as correct. The permanent removal of these more intensive land use layers will protect natural resources and agricultural activities as envisioned in the RLSA Overlay. CDC SSA ] 6 is strategically located within Okaloacoochee Slough, immediately north of Immokalee Road (CR 846), in eastern Collier County. Okaloacoochee Slough connects Okaloacoochee Slough Wildlife Management Area and State Park in Hendry County at its northern extent to Florida Panther National Wildlife Refuge and Big Cypress National Preserve at its southern extent. CDC SSA ] 6 lays within a landscape services as habitat and a dispersal corridor for the Florida Panther, according to the Florida Fish and Wildlife Conservation Commission. Of the 2,876.2 acres within CDC SSA 16, 2,700.9 acres (93.9 percent) are located within a Habitat Stewardship Area (HSA), ] 63.3 acres (5.6 percent) are located within the Okaloacoochee Slough Flowway Stewardship Area (FSA), 8.7 acres (0.3 percent) is located within a Water Retention Area (WRA), and 3 acres (0.1 percent) are located within Open area. The site also contains numerous listed species including Florida Panther, Florida Black Bear, wading birds, Florida Sandhill Cranes, Crested Caracara, and American Alligators. Protection of these activities occurs due to lack of competing development represented by any of the land use Page 1 of5 .j Agenda Item No 16A 12 d . d . ~Q""mi<'lU1L2008 layers ]-4 on 2,876.2 acres of Ian as outline on the lDC 4.08.06 BA.b land use ~2'of 68 below. The potential use of land Use layers 5-8 on all 2,876.2 acres will remain. 4.08.06 B.4.b Land Use Matrix (P=Permitted; A=Accessory; CU= Conditional Use) Single-family Famity care dweUing, ind. laciNties (P) mobile home (P) Laver 1 (Layer 2 (Layer 3) (Laver 4)(Laver 5 I (Laver 6) Residential General Earth Mining Agricutture Agriculture Land Uses Conditional and ecreational Group f - Support Uses Uses Processing Uses Uses Excavation, extraction OJ earthminingand related processing and prOduction (CUI Golf courses and/or golf drivillg ranges (CU) Crop raising; horticulture: fruit andnur production; groves; nurseries; improved pasture (P) Fann labor housing (A) Unimproved pasture and grazing, forestry (P) (Laver 7) (Layer 8) Agriculture Conservation, Group 2 Restoration and Natural Resources Wildlife management plant and wildlife conservancies. refuges and sanctuaries(P) MooNe homes [(P)in MH Overtay;(Alas lemporaryuse) Collection an d Asphaltic an d Sports transfer s~es for concrete batch InstJuctional resource recovery making plants (CU) schools and ICU) camp, (CU) Private Velerinaryclinic boathouses ald (CU) docks on lake, canal Of waterway lots (A) SpCJiingand Recreatiollal ",mp,(eU) Animal.breeding (ather than liyeslocll), raising training,stabling I kenneling(p) Dairying, beekeeping; pOtJltryandegg production: milk production(P) Retail sale of fresh, Ranching; livestock Unprocessed raising (P) agliculturaJ products; grown primarily on lhe ploperty(A) Retail plant nurseries Hunting cabins leU) (CU) Water management, groundwater recharge (P) Restofalion, mitigation IP) Recreational Childcarecenlers Aquaculture for Packing house or Cultural, educational, Watersupply,we1lfields fadlitiesintegral and adullday atiye simOaragriQJltural or recreational (P); oll and gas 10 residential re species (P) and non- processing of farm facilities and their ~p1oration(P) development, centers nalive species (CU) produclsproduced related modes of e.g., golf on transporting course, the property (A) participants, viewers clubhouse, or patrons; tour community operations. such as, cef1tefbuilding but not limited to and tennis airboats, swamp fadlities, parts, buggies, horses and playgrounds similar modes of and tJansportation (CU) IO''''''''(d,IAI Guesthouses Zoo, aquarium, The commercial Sawm;II, (CU) Excavation and Boardwalks, nature (A) aviary,botanical production. raising or related processing tral, i garden, or other breeding or exotic incidental to Ag(Al (P) similar uses (CU) animals(CU) I I Churches and Wholesale reptile Natural resources not I other places of breeding and raising otherwise listed (P) worship (CU) non'-venomoos (P) and venomoustCL)\ Communications EssentialservJces(P lowers (PlIeU) ond CUI Social and Oil and gas field Fraternal development and orga~~alions proouction(CU} -,eu Priyatelanding strips for general aviation (CU) Cemeteries (CU) Schools (CU, roup care a~~t~, AlF Page 2 of 5 Agenda Item No. 16A12 . Id d h' , d NovelTjber. 18. 2008 The removal of land use layers j'1e s Stewar s Ip CredIts measure on a per acre 'Pl!lY~ ;!Sof 68 calculated as follows: Natural Resource Index Value x (times) a factor representing all layers removed. The removal oflayers 1-4 yields a factor of 0.6. The cumulative table of all base credits generated in CDC SSA ]6 is shown in Exhibit D of the Credit Agreement and summarized below. The Engineering and Environmental Services Department and Comprehensive Planning Department staffs have reviewed and agree with the calculation of credits generated by the removal of these land use layers and the Natural Resource Index values supporting them. Agl Totals Acres 2.876.2 2,876.2 Credits 2,621.3 2,621.3 Early Entry Bonus Credits were established to encourage participation in the Stewardship Credit program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat Stewardship Area (HSA) acre located >vithin the Area of Critical State Concern (ACSC) and 1.0 credit per HSA acre located outside the ACSA. Based on the type and location ofHSA acreage within CDC SSA ]6, the applicant would be entitled to a total of 1,864.6 Early Entry Bonus Credits. A summary of these credits is shown below. Staff has reviewed and agrees with these figures. Table 6 from CDC SSA #16 application EARLY ENTRY BONUS CALCULATIONS ],672.7 x 0.5 836.4 HSA Acres inside the ACSC Early Entry Bonus Credits per Acre inside the ACSC Early Entry Bonus Credits (inside ACSC) ] ,028.2 x 1.0 ],028.2 1,864.6 HSA Acres outside ACSC Early Entry Bonus Credits per Acre outside ACSC Early Entry Bonus Credits (outside ACSC) Total Early Entry Bonus Credits Restoration Stewardship Credits are awarded at the rate of two (2) credits per acre for land "dedicated by the applicant for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Okaloacoochee Slough" (LDC Subsection 4.08.06 8.3.f.2). "The actual implementation of restoration improvements is not required for the owner to receive such credits..." (LDC Subsection 4.08.06 B.3.0). Referred to as R-l, selected areas are made available for restoration activities based on current conditions of the property and benefits to be derived from restoration work. The applicant has not submitted a Restoration Analysis and Report as part of this application and, thus, does not qualify for R-l Credits. Restoration credits are also available at the rate of four (4) credits per acre for the completion of restoration activities by the applicant (R-2). However, there L'UlTently is not a requirement that actual restoration activities be carried out. These credits are authorized at the time of SSA designation, but are not available for transfer until success criteria are met. The applicant has not Page 3 of 5 Agenda Item No. 16A12 . I .. .. f thil)lovemJler 18, 2008 submitted a Restoration Plan (Plan) and pans no restoratIon actIvIties as part 0 S appi3tl!jYOfuf 68 and, thus, does not qualify for R-2 credits. The CDC SSA ] 6 credit total below sbows the sum of Base Credits, Early Entry Bonus Credits and Restoration Credits: Table 8 TOTAL STEWARDSHIP CREDITS GENERATED !Credit Sol.lrc..:, ..... ........ ICreditS . Base Credits 2,621.3 Earlv Entry Bonus Credits 1,864.6 R1" Restoration Credits 0.0 R2" Restoration Credits 0.0 rrotal 4,485.9 Of the total credits, all 4,485.6 credits would be immediately available which is calculated by totaling the 2,62].3 Base Credits and 1,864.4 Early Entry Bonus Credits. LEGAL CONSIDERATIONS: Applicants petitioning for Stewardship Sending Areas, who will obtain SSA credits for the land so designated, must include a Credit Agreement per LDC Section 4.0S.06.C.5. Collier Enterprises Management, Inc. a Florida Not for Profit Corporation, representing CDC Land Investment, Inc., a Florida Profit Corporation, has voluntarily requesred that the subject area be designated as a Stewardship Sending Area and has provided the required Credit Agreement which is also included by reference herein. LDC Section 4.08.06.C.6 requires that the SSA Credit Agreement shall be approved by a resolution of the Board of County Commissioners (BCC) at an advertised public meeting by ml\iority vote. A resolution is submitted for the subject area, which is attached. Additionally, the LDC requires in Section 4.08.06.C.7 that, following approval by the County, an SSA memorandum shall be prepared and recorded in the public records, together with necessary portions or exhibits. LDC Section 4.08.06.C.S requires that the applicant prepare and submit Stewardship Easement Agreements in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency." The Stewardship Eascment Agreement is also attached. Finally, LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records. The applicant proposes to hold the easement in escrow and to record the easement when all permits and authorizations have been obtained for the Town of Big Cypress SRA, which shall occur by November IS, 2013, or the SSA Credit Agreement and Stewardship Easement Agreement are null and void. In the interim, the applicant shall record in the public records within 30 days a notice of interim restrictions. The County Attorney has concluded that this process complies with the intent of the LDC and GMP. The Resolution, Stewardship Credit Agreement, Stewardship Easement Agreement, and Escrow Agreement have been reviewed for legal sufficiency. This agenda item is ready for Board consideration and approval. - HF AC Page 4 of5 Agenda Item No. 16A12 November 18, 2008 Page 5 of 68 FISCAL IMPACT: The applicant, Collier Enterprises Management, Inc. a Florida Not for Profit Corporation, representing CDC Land Investment, Inc., a Florida Profit Corporation, has paid fees totaling $9,500 for the processing and review of the application, and the development and maintenance of a Stewardship Credit System Database for the purpose of tracking credits. Additionally, the cost of the legal notice has been paid by the applicant. There are no additional fiscal impacts associated with the application. GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element (FLUE) establishes the process and requirements for establishment of SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated as SSAs. This land use and growth management tool is implemented through the Rural Lands Stewardship Area Zoning Overlay. The zoning overlay is based upon requirements and limitations contained in the FLUE. Therefore, inasmuch as staffs analysis indicates this petition for designation ofCDC SSA 16 is in compliance with the RLSA Zoning Overlay, it may also be found to be consistent with the FLUE, The applicant of CDC SSA 16 intends to utilize the stewardship credits from this SSA to partially enable the development of the proposed Town of Big Cypress SRA. Accordingly, the applicant for CDC SSA ] 6 has proposed an Escrow Agreement, shown as Exhibit 4 to the Resolution, which delays the recordation of the Easement Agreement into public records until such time that all requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the LDC are complied with. This proposed delay in the recordation of the Easement Agreement is not expressly authorized in the LDC; however, the County Attorney has opined that the recording of the notice of restrictions until the easement is recorded is consistent with the intent of the LDC. RECOMMENDATION: That the Board of County Commissioners adopt a resolution designating 2,876.2 acres in the Rural Lands Stewardship Area Overlay as Stewardship Sending Area 16 ("CDC SSA ]6"); approve the Credit Agreement for CDC SSA 16 and the number of stewardship credits generated by the designation of said Stewardship Sending Area in response to an application by Collier Enterprises Management, Inc. a Florida Not for Profit Corporation, representing CDC Land Investment, Inc., a Florida Profit Corporation; approve the Easement Agreement for CDC SSA 16; approve the Escrow Agreement; and direct the County Manager or his designee to prepare a SSA memomndum to be recorded in the public records together with the necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County Manager or his designee to provide said documents to the Collier County Property Appraiser and the applicant; and require the applicant to comply with the provisions of the Escrow AI,\Teement made a part of its approval with respect to recordation. PREPARED BY; Michael J. DeRuntz, CFM, Principal Planner, Comprehensive Planning Department Page 5 of 5 Item Number: Item Summary: Meeting Date: ~ .....6..... I VJ.. ~ Agenda Item No. 16A12 November 18, 2008 Page 6 of 68 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members, A Resolution of the Collier County Board of County Commissioners designating 2,876.2 acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as COC SSA 16; pursuant to the terms set forth in the Escrow Agreement for COC SSA 16, Stewardship Sending Area Credit Agreement for COC SSA 16; and Stewardship Sending Area Easement Agreement for CDC SSA 16; approving a Stewardship Sending Area Credit Agreement for CDC SSA 16; Approving A Stewardship Sending Area Easement Agreement For COC SSA 16: approving an Escrow Agreement for COC SSA 16; and establishing the number of Stewardship Credits Generated by the designation of said Stewardship Sending Area. 11/18/2008900:00AM Prepared By Michael J. DeRuntz Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 10/27/20082:34:32 PM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 10/27/20082:37 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 10/27/2008 4:09 PM Approved By William D. Lorenz. Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 10/28/200810:12 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date 10/29/20083:37 PM Approved By Mike Bosi, Alep Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 10/29/20083:43 PM Approved By Norm E. Feder, Alep Transportation Division Administrator Date file;//C:\AgendaTest\Export\116-November%20 18,%202008\16.%20CONSENT%20AGE... ] 1/12/2008 l ub......;.. Vl .:- Agenda Item No. 16A12 November 18, 2008 Page 7 of 68 Transportation Services Transportation Services Admin. 10/30/20081 :27 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/3112008 11 :44 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 10131120087:30 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1113120089:25 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1113/20081:48 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1115120087:33 PM file://C:IAgendaTestIExportI116-Novernber%2018,%2020081 16.%20CONSENT%20AGE... ] 1/12/2008 Agenda Item No. 16A12 November 18, 2008 Page 8 of 68 Resolution, 2008 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 2,876.2 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC SSA 16"; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT FOR CDC SSA 16, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16; AND STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16; APPROVING AN ESCROW AGREEMENT FOR CDC SSA 16; AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA. WHEREAS, CDC Land Investments Inc., a Florida Corporation owns approximately two thousand eight hundred and seventy six and two tenths (2,876.2) acres located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA" District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 4.08.06 of the Collier County Land Development Code ("LDG") and subject to the tenns of the Escrow Agreement for CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area Easement Agreement for CDC SSA 16; and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the CDC SSA 16 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 4.08.06 of the LDC, and detennined that the Application is legally sufficient; and SSA 16 Resoluti<m 10-15-08 _IL"'- <'" Agenda Item No. 16A12 November 18, 2008 Page 9 of 68 WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the Escrow Agreement for CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area Easement Agreement for CDC SSA 16 are in compliance with, and meet the requirements of the LDC, and provide a substantial benefit to the general public, NOW, THEREFORE, be it resolved by the Board that: 1. CDC SSA 16, as described in attached Exhibit 1, consisting of two thousand eight hundred and seventy six and two tenths (2,876.2) acres is hereby designated as a Stewardship Sending Area ("SSA"), and will be officially designated as "CDC SSA 16" on the Official Zoning Atlas Map pursuant to the Escrow Agreement for CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC SSA 16, and Stewardship Sending Area Easement Agreement for CDC SSA 16. 2. The Stewardship Credit Agreement for CDC SSA 16, attached hereto as Exhibit 2, meets the requirements of Section 4.08.06 of the LDC, and the Board hereby approves the Stewardship Credit Agreement for CDC SSA 16. 3. The Stewardship Easement Agreement for CDC SSA 16, attached hereto as Exhibit 3, meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the Stewardship Easement Agreement for CDC SSA 16. 4. The Escrow Agreement for CDC SSA 16, attached hereto as Exhibit 4, is hereby approved by the Board which, provides for the delay of the recordation of the Stewardship Sending Area Agreement for CDC SSA 16, the Stewardship Sending Area Credit Agreement for CDC SSA 16 and the Stewardship Easement Agreement until such time as the proposed Town of Big Cypress SRA has received the necessary final and non- appealable local, state and federal permits, other than a plat, site development plan or building permit, necessary to construct the Town of Big Cypress consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code. 5. The Board hereby establishes, grants and assigns four thousand four hundred and eighty five and nine tenths (4,485.9) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.04 of the LDC, and the Escrow Agreement SSA 16 Resolution 10-15-08 ~\~ ,~ ~ Agenda Item No. 16A12 November 18, 2008 Page 10 of 68 6. for CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC SSA 16, and Stewardship Sending Area Easement Agreement for CDC SSA 16. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the CDC SSA 16 lands. By its designation of the lands described in Exhibit 1 as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the CDC SSA 16 Stewardship Credit Agreement. 7. THIS RESOLUTION ADOPTED this day of 2008, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST; DWIGHT E, BROCK By: Tom Henning, Chairman , Deputy Clerk Approved as to form and Legal sufficiency: By Heidi Ashton-Cicko, Assistant County AttornlfIJ Land Use Section, Chief SSA 16 Resolution JO~15-08 '. .", SECTION 12 T 45 S. R 29 f GOPHER RIDGE /I SECT/ON 13 T46S,R29E \ ~. SE:CnON 24 T46S,R29E SECT/ON 25 T 46 5, R 29 [ '.... .....,...,.. "'''' ...."..,.. -.. .......,. ..... ...,..... ,....,....... -" .....-... ,.... ..,....,,.. "'............ ..."......... ,,,........... .... .m,"'''' ........,.... .... ......... ........."'. .."......... -.. ......... ...." ......~ ..... .--..- -.. .--. .Ii; SECTION 7 T 46 S. R 30 E -,--~ -"'-'- SECTION 18 r 46 S. R 30 E ". SECnDN 19 465, R ,1() f \ ~. ~- , GOPHER RIDGE fI GOPHER RIDGE I \ '>ECT/CW 30 T 46 S,\R 30 E \ , =*:~fr:-' ~. i~ \, ,\ ". .~'::t'3.... I.,,, ". .., "j !II ~"''''f_'' ",,--', ......",.....~- -"....,--, SECTION 31 T 46 S. R 30 E r=~r- =-~_. .............. -....,...... -"' --..",' S[C/JON 6' T 47 $, R JC [ ,Eli- 848 Agenda Nov SECTION 8 46S,RJOfp -'--" -- - r---..-.-.. -- -, SECTiON 17 T 46 5. R 3D E COC SSA '6 12676.20 ACRfS *J SECTION 20 -: 46 S. R 30 f rO;'::'...:7." , 11-'-' I S[crrON 32 46 $, R 30 E ,--,--"'-~ f'''''''_ ,_",,,,<or SECTION 5 47 S, P 30 ,_ "'COLU~R !N1.tlll'RlS!S ~AG!II~NT. IIIC. . ,"~ ."""'....'""""'.......""'.....,. L.._.._.....'~""'._......'1l!. "'I:::.'.~~,tr"~.:..~i~.; ::.,.. ~:--' _:""-,,,,,,":=; Sh...u..t 1.. DF C 1m 2 ~~~~. 5-"16 ."0" "ff.1Ot 'W.. -....- .. ......._-, .....-..--.. ..._--, eDe "I \ " 55: ,: "~- -::::..':n-:::~~., ~~! ~. ~n: i ;~ 0 ...-,-. .-......... SECTION 9 46 $, R SE:CT/ON 16 46 S, R 30 f S[Ci!ON 21 46 S. R JO E Ii ~l ,\ "-"-t ---...Ul ,~ o _Ul:j o ~2 ~~ 0> ~ I',' " ,! !i I I: ~i '\ r' Ii ii SECTION J3 r46S.R30E ,,,,,,,,.--. . ......... SECTION 4 r 47 S, R .30 f i ...... Agenda Item No. 16A12 November 18, 2008 Page 12 of 68 RUNDAGE,INC LEGAL DESCRIPTION OF CDC SSA 16 A PARCEL OF LAND LYlNG IN SECTIONS 17, 18, 19,20,28,29,32 AND 33 TOWNSHlP46 SOUTH, RANGE 30 EAST, AND SECfION 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF BEGINNING HAVING A COORDINATE VALVE OF E. 545853.89 N. 782385.60, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT; THENCE SOUTH 00004'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A DISTANCE OF 4,076.20 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOU11I 00003'27" WEST A DlST ANCE OF 1,360.11 FEET TO 11IE NORTIlEAST CORNER OF SAiD SECTION 20; TIlENCE SOU11I 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20; THENCE CONTINUlNG ALONG THE EASTERLY LINE OF SAID SECfION 20 SOUTH 00"27'32" EAST A DISTANCE OF 2,533.80 FEET; THENCE SOU11I 00031'02" EAST A DISTANCE OF ]28.12 FEET; TIlENCE SOU11I 89037'53" EAST A DISTANCE OF 74\.36 FEET; THENCE SOUTH 00023'40" EAST A DISTANCE OF 5,339.92 FEET; THENCE NORTH 89041'28" WEST A DISTANCE OF 741.35 FEET; THENCE SOUTH 89"12'13" WEST A DISTANCE OF 2,651.29 FEET; THENCE CONTINUING SOU11I 89"12'13" WEST A DISTANCE OF 2,017.04 FEET; THENCE NOR11I 07037'51" WEST A DISTANCE OF 181.85 FEET; THENCE CONTINUING NOR11I 07037'51" WEST A DISTANCE OF 177.26 FEET; THENCE NORTH 13051'25" EAST A DISTANCE OF 158.88 FEET; THENCE NORTH 06018'56" EAST A DISTANCE OF 158.50 FEET; THENCE NORTH 4\ 006'06" WEST A DISTANCE OF 210.15 FEET; THENCE NORTH 26004'29" WEST A DISTANCE OF 105.18 FEET; TIlENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET; THENCE NORTH 42001'33" EAST A DISTANCE OF 93.]2 FEET; THENCE NORTH 83056'59" EAST A DISTANCE OF ]83.30 FEET; THENCE NOR11I11048'39" EAST A DISTANCE OF 441.55 FEET; THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET; THENCE NORTH 89056'54" EAST A DISTANCE OF 565.09 FEET; THENCE NORTH 01038'50" EAST A DISTANCE OF 292.2] FEET; TIlENCE NOR11I42045'40" EAST A DISTANCE OF 179.1] FEET; THENCE SOUTH 88059'56" EAST A DISTANCE OF 251.95 FEET; TIlENCE NORTH 00"23'42" EAST A DISTANCE OF 341.5] FEET; THENCE NORTH 51045'14" EAST A DISTANCE OF 695,25 FEET; THENCE NOR11I 39053'57" WEST A DISTANCE OF 496.56 FEET; THENCE NOR11I23000'40" WEST A DISTANCE OF 301.71 FEET; TIlENCE NORTH 83"29'40" EA8T A DISTANCE OF 120.17 FEET; THENCE NORTH 36004'39" EAST A DISTANCE OF 133.97 FEET; THENCE NORTH 68023'40" EAST A DISTANCE OF 356.87 FEET; THENCE NORTH 01059'14" EAST A DISTANCE OF 389.47 FEET; THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET; THENCE NORTH I3041'll" EAST A DISTANCE OF 205.21 FEET; TIlENCE NORTH 75017'24" WEST A DISTANCE OF 1,312.54 FEET; THENCE NORTH 57041'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITIl l\1ai" Oftkc: ::-+011 i,1ll1i;1Ilii Tr,liJ ~" ~1l!l' 2()o.~~1:,~,P,ff~)''i Lee Cuunty: 'l'i'IO ( <l..(>1Jl1l R",lc:._ ';1I111,. 103, n"n;IJ Spl-ill.~~. n"ndJ J; I.~:, www.;,lll.inL'.,:oJlI SX/lfSlrl ?~') )'''-;11] L\\ 2,:;<1 ,';'(>(l2~IL~ 12.~'II".Pi'lbi13 1'\:\.,2,N,~'I1-\ 2~211 Agenda Item No. 16A 12 November 18, 2008 Page 13 of 68 THE SOUTHERLY UNE OF SAID SECTION 20; THENCE CONTINUING NORTH 57041 '47" WEST A DISTANCE OF 42.42 FEET; THENCE SOUTH 89'54'15" WEST A DISTANCE OF 137.71 FEET; THENCE NORTH 75037'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19; THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET; THENCE NORTH 09"26'37" EAST A DISTANCE OF 142.10 FEET; THENCE NORTH 09016'01" WEST A DISTANCE OF 266.86 FEET; THENCE NORTH 35038'02" WEST A DISTANCE OF 213.01 FEET; THENCE NORTH 29'19'33" WEST A DISTANCE OF 159.99 FEET; THENCE NORTH 27011'18" EAST A DISTANCE OF 118.07 FEET; THENCE NORTH 73045'38" EAST A DISTANCE OF 214.18 FEET; THENCE NORTH 37056'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH SAID EAST LINE OF SECTION 19; THENCE CONTINUING NORTH 37056'28" EAST A DISTANCE OF 123.04 FEET; THENCE NORTH 11013'44" EAST A DISTANCE OF 14.22 FEET; THENCE NORTH 11008'16" EAST A DISTANCE OF 200.70 FEET; THENCE NORTH 48035'16" EAST A DISTANCE OF 317.54 FEET; THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET; THENCE NORTH 14'05'23" EAST A DISTANCE OF 106.59 FEET; THENCE NORTH 30'19'25" WEST A DISTANCE OF 100.76 FEET; THENCE NORTH 79"38'15" WEST A DISTANCE OF 109.47 FEET; THENCE NORTH 87048'25" WEST A DISTANCE OF 214.41 FEET; THENCE SOUTH 69'30'19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH THE AFORESAID EAST LINE OF SECTION 19; THENCE CONTINUING SOUTIl69030'19" WEST A DISTANCE OF 76.61 FEET; THENCE SOUTH 57'21'29" WEST A DISTANCE OF 208.40 FEET; THENCE NORTH 74'10'26" WEST A DISTANCE OF 108.31 FEET; THENCE SOUTH 74'32'26" WEST A DISTANCE OF 252.41 FEET; THENCE SOUTH 85'19'06" WEST A DISTANCE OF 160.84 FEET; THENCE SOUTH 80'31'59" WEST A DISTANCE OF 214.50 FEET; THENCE SOUTH n'33'26" WEST A DISTANCE OF 106.75 FEET; THENCE SOUTH 48'35'10" WEST A DISTANCE OF 160.01 FEET; THENCE SOUTH 34'33'13" WEST A DISTANCE OF 267.99 FEET; THENCE SOUTH 36'03'27" WEST A DISTANCE OF 214.15 FEET; THENCE SOUTH 56'07'40" WEST A DISTANCE OF 232.60 FEET; THENCE NORTH 87'53'10" WEST A DISTANCE OF 177.96 FEET; THENCE NORTH 49'42'16" WEST A DlSTANCE OF 116.n FEET; THENCE NORTH 32'32'00" WEST A DlSTANCE OF 188.80 FEET; THENCE SOUTH 88'01'38" WEST A DISTANCE OF 190.67 FEET; THENCE SOUTH 78'32'52" WEST A DISTANCE OF 194.22 FEET; THENCE NORTH 06'17'55" WEST A DISTANCE OF 218.75 FEET; THENCE NORTH 21'05'48" WEST A DISTANCE OF 213.70 FEET; THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET; THENCE NORTH 43"21'44" WEST A DISTANCE OF 428.85 FEET; THENCE NORTH 13'17'06" WEST A DISTANCE OF 212.45 FEET; THENCE NORTH 19'32'50" WEST A DISTANCE OF 267.30 FEET; THENCE NORTH 00"27'24" WEST A DISTANCE OF 321.64 FEET; THENCE NORTH 06'59'15" WEST A DISTANCE OF 127.30 FEET; THENCE NORTH 71'21 '07" WEST A DISTANCE OF 130.87 FEET; THENCE NORTH 83"50'45" WEST A DISTANCE OF 275.53 FEET; THENCE NORTH 66044'56" WEST A DISTANCE OF 338.79 FEET; THENCE NORTH 66'20'53" WEST A DISTANCE OF 284.28 FEET; THENCE NORTH 15'13'10" WEST A DISTANCE OF 101.19 FEET; THENCE NORTH 13'33'43" WEST A DISTANCE OF 492.91 FEET; THENCE NORTH 14'53'44" WEST A DISTANCE OF 285.27 FEET; SHEET 3 OF 5 '~'V"'/3 1;%. ,.." ' , Agenda Item No. 16A12 November 18, 2008 Page 14 of 68 THENCE NORTIl85049'44" WEST A DlSTANCE OF 112.81 FEET; THENCE NORTIl27050'17" WEST A DISTANCE OF 82.58 FEET; THENCE NORTII 07026'32" EAST A DISTANCE OF 165.49 FEET; THENCE NORTIl28034'42" WEST A DISTANCE OF 203.68 FEET; THENCE SOUTII 87005'55" WEST A DISTANCE OF 263.00 FEET; THENCE NORTIl30007'55" WEST A DISTANCE OF 166.88 FEET; THENCE NORTIl45046'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION W1TI1 THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CONTINUING NORTII 45046'47" WEST A DISTANCE OF 55.93 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CONTINUING NORTIl45046'47" WEST A DISTANCE OF 46.76 FEET; THENCE NORTII 01001'07" EAST A DISTANCE OF 335.53 FEET; THENCE NORTIl26'41'21" WEST A DISTANCE OF 308.32 FEET; THENCE NORTII 01032'44" EAST A DISTANCE OF 312.90 FEET; THENCE NORTH 39002'01" WEST A DISTANCE OF 892.38 FEET; THENCE NORTH 01 "22'1 5" EAST A DISTANCE OF 620.10 FEET; THENCE NORTH 40019'58" WEST A DISTANCE OF 340.50 FEET; THENCE NORTH 0] 059'41" WEST A DISTANCE OF 266.38 FEET; THENCE NORTH 42006']4" EAST A DISTANCE OF 135.63 FEET; THENCE NORTH 69'09'40" EAST A DISTANCE OF 198.79 FEET; THENCE NORTH ()()050'16" EAST A DISTANCE OF 443.21 FEET; TIlENCE NORTH 29056'54" WEST A DISTANCE OF 273.98 FEET; THENCE NORTH 30029'39" EAST A DISTANCE OF 178.64 FEET; THENCE NORTH 45'13'13" EAST A DISTANCE OF 243.80 FEET; THENCE NORTH ()()050']6" EAST A DISTANCE OF 288.68 FEET; THENCE NORTIl44046'47" WEST A DISTANCE OF 332.47 FEET; THENCE NORTII ()()050'16" EAST A DISTANCE OF 296.49 FEET; THENCE NORTH 89009'44" WEST A DISTANCE OF 296.50 FEET; TIlENCE NORTH 50016'51" EAST A DISTANCE OF 282.66 FEET; THENCE SOUTH 47'50'14" EAST A DISTANCE OF 213.9] FEET; THENCE SOUTH 63'57'25" EAST A DISTANCE OF 181.27 FEET; THENCE SOUTH 52033'18" EAST A DISTANCE OF 214.57 FEET; THENCE SOUTH 47040'28" EAST A DISTANCE OF 366.78 FEET; THENCE SOUTH 49031 '56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 18; THENCE CONTlNU]NG SOUTH 49031'56" EAST A DISTANCE OF 201.57 FEET; THENCE NORTH 78044'35" EAST A DISTANCE OF 260.60 FEET; THENCE NORTH 4]046'09" EAST A DISTANCE OF 212.32 FEET; THENCE NORTH 25"24'18" EAST A DISTANCE OF 376.05 FEET; THENCE NORTIl350I4'00" EAST A DISTANCE OF 267.20 FEET; THENCE NORTH 12049'24" EAST A DISTANCE OF 545.28 FEET; THENCE SOUTH 89004'42" EAST A DISTANCE OF 204.02 FEET; THENCE NORTH ()()"26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 18; THENCE AWNG SAID NORTHERLY LINE SOUTH 89026'29" EAST A DISTANCE OF 1,446.76 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH 89"26'29" EAST A DISTANCE OF 2,649.28 FEET TO THE NORTHWEST CORNER OF THE AFORESAID SECTION 17; THENCE SOUTH 89028'45" EAST AWNG THE NORTHERLY LINE OF SAID SECTION 17 A DISTANCE OF 2,677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTIl89038'12" EAST A DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE POINT OF BEGINNING OF THE PARCEL HERE]N DESCRIBED; CONTAINING 2,876.20 ACRES OF LAND, MORE OR LESS; SHEET 4 OF 5 i3'/JilJ3JT / Agenda Item No. 16A 12 November 18, 2008 Page 15 of 68 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE, 83/90 ADJUSTMENT. AGNOLl, BARBER AND BRUNDAGE, lNe. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. ~~Y P.S.M. 5606 lO056-CDC SSA 16.RTF REF. ABB DWG #IOO56-CDC SSA 16 SHEET 5 OF 5 /::;:;11 B STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CDC SSA 16) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2008, by and between COLLIER COUNTY, a pOlitical subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and CDC Land Investments, Inc., a Florida Corporation ("CDC") hereinafter referred to as "Owner", whose mailing address is 3003 TamiamiTrail North,Suite 400, Naples, Florida 34103, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the Collier County Land Development Code ("LDC"). WITNESSETH: WHEREAS, CDC is the owner of approximately two thousand eight hundred and seventy six and two tenths (2,876.2) acres of land within the boundaries of the Rural lands Stewardship Area Zoning Overlay District ("RlSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application 2008-AR-13326) filed by Owner with Collier County, Florida; and WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CDC, has submitted application to Collier County, South Florida Water Management District and the United States Department of Army, Corps of Engineers for authorization to develop the Town of Big Cypress located within the RlSA District; WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be developed consistent with the provisions of Article 4.09.00 of the Collier County land Development Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County land Development Code; WHEREAS, in order to develop the Town of Big Cypress in accordance with Article 4.08.00, CEMI is required under Section 4.08.07 to exchange Stewardship Credits granted under Section 4.08.06 in order to receive additional residential or non-residential entitlements for the SRA; WHEREAS, Owner has requested that the two thousand eight hundred and seventy six and two tenths (2,876.2) acre parcel legally described in the attached Exhibit "A" (hereinafter referred to as "CDC SSA 16") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06. of the Collier County land Development Code, to establish Stewardship Credits for CEMI to develop the Town of Big Cypress SRA; and SSA 16CreditAgmemont 100IS-08 1 jt' Agenda Item No. 16A12 November 18, 2008 Page 17 of 68 WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on May 27, 2008 for the CDC SSA 16 land described in Exhibit "A" and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 4.08.06. of the Collier County LOC and determined that the OWner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the CDC SSA 16 described in Exhibit "A" as a SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, CDC SSA 16; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LOC and is of substantial benefit to the general public. NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows; 1. Land Oesianated as SSA. CDC SSA 16 as described in Exhibit "A", consisting of approximately two thousand eight hundred and seventy six and two tenths (2,876.2) acres, is hereby designated a Stewardship Sending Area ("SSA"), and offiCially designated as SSA 16 ("CDC SSA 16"). 2. Land Use Lavers. The following Land Use Layers as described in the Land Use Matrix in Section 4.08.06 804. of the Collier County LDC are hereby eliminated from and prohibited within CDC SSA 16. a. Within COC SSA 16, Land Use Layers 1 through 4, inclusive, as described in Section 4.08.06 B.4. of the LDC, are hereby eliminated on two thousand eight hundred and seventy six and two tenths (2,876.2) acres of SSA 16 designated as AG-1 on Exhibit "C." The area designated as AG-1 on Exhibit "C" may be utilized for the uses included within Agriculture - Group 1 (Land Use Layer 5), Agriculture - Support Uses (Land Use Layer 6), Agriculture - Group 2 (Land Use Layer 7), and Conservation, Restoration, and Natural Resources (Land Use Layer 8). 2 0\j'-. - Agenda Item No. 16A12 November 18, 2008 Page 18 of 68 b. The Owner reserves the right pursuant to Section 4.08.06 of the LOC to amend this SSA in the future to remove one or more additional Land Use Layers and/or for restoration activities in retum for additional Stewardship Credits. Nothing in this provision, Agreement, Stewardship Easement Agreement or the County LOC shall preclude the Owner's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by the County, state or federal statute, regulation or ordinance. c. The County agrees that the removal of Land Use Layers to generate Stewardship Credits under this Agreement does not preclude the use of such removal as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance for activities conducted in a Stewardship Receiving Area utilizing the Stewardship Credits generated through this Agreement The County also agrees that nothing in this Agreement, Stewardship Easement or County LOC precludes the Owner's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federal slaMa, regulatio"! or ordinance. Natural Resource Index Assessment. 3. A Natural Resource Index Assessment Worksheet ('Worksheet") for COC SSA 16 is attached to this Agreement as Exhibit "0". The Worksheet quantifies the number of acres by Index Values, sets .forth the level of conservation, identifies the land designated for restoration, sets forth the restoration potential and establishes the number of Stewardship Credits generated. The Worksheet also quantifies the number of Early Entry Bonus Credits generated by the designation of COC SSA 16. The total number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for COC SSA 16 are four thousand four hundred and eighty five and nine tenths (4,485.9) Stewardship Credits, all of which are immediately available and may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.06. of the Collier County LOC. 4. Exchanae Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on COC SSA 16 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight (8) stewardship Credits for the development of one acre of land in a SRA. 5. Land Manaoement Measures. On those lands within CDC SSA 16 on which Land Use layers 1 through 4 are eliminated, land management measures may consist of one or more of the following: brush clearing, mechanical brush control ("chopping"), prescribed buming, SSA 16CreditilgrcemonllO-[S-08 3 ~' Agenda Item No. 16A12 November 18, 2008 Page 19 of 68 other exotic and nuisance species control, fence construction and maintenance, silvaculture management, and ditch and ranch road maintenance, to maintain the land in its existing condition. In addition to the land management measures listed above, the following land management measures may be utilized; such as disking; irrigation, ditch, dike and pumping construction and maintenance; farm road construction and maintenance; storage of farming equipment; and other practices associated with the uses under Land Use Layers 5 - 8, inclusive, may be utilized. 6. References. The references herein to the LOC provisions are those contained in Section 4.08.06. of the Collier County LOC existing as of the date this-Agreement becomes effective and those provisions of the LOC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the COC SSA 16, unless the Owner elects in writing that subsequently enacted LOC provision may govern the provisions of this Agreement. 7. Lavers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 4,08.06 B.4. of the LOC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 4.08.06 BA.b. of the LOC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner shall not seek or request, and the County shall not grant nor approve, any increase in the density or any additional uses beyond those specified in this Agreement. Two thousand seven hundred and nine tenths (2,700.9) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and one hundred and sixty three and six tenths (163.6) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7) acres of Water Retention Area 0/lfRA) and three (3.0) acres are designated open depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the Owner shall neither seek nor request, and the County shall not in violation of Sections 4.08.06 A,2. and 3., thereafter grant or approve any expansion or conversion of agricultural land uses. Notwithstanding any condition herein to the contrary, this Agreement and the Stewardship easement shall terminate on November 18, 2013 unless the COC SSA 16 Stewardship Credits have been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress SRA has received all necessary final and non-appealable local, state and federal permits other than a plat, site development plan and building permit necessary to commence construction of the Town. All affirmative obligations and negative covenants contained in this Agreement and the Stewardship Easement shall be null 4 - Agenda Item No. 16A12 November 18, 2008 Page 20 of 68 and void upon such termination without further action from the parties hereto. Upon such termination the land shall revert to its underlying zoning classification as of the date of this Agreement, free and clear of any encumbrance from the Stewardship Easement. If requested by the Owner, Collier County shall provide a written release and termination of this Agreement and the Stewardship easement for recording in the public records within fifteen (15) days of the request from the owner, Collier County shall update the overlay map to reflect the termination of COC SSA 16 or any SRA. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties, The terms; conditions, and obligations hereunder shall constitute covenants thatTun with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any court trial and appellate proceedings. 10. Easement Aareement. Attached hereto as Exhibit "E" is a copy of the Stewardship Easement Agreement (without Exhibits) that will be executed by Owner and recorded by the Escrow agent in accordance with the terms of the Escrow Agreement executed simultaneously with this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the CDC SSA 16 land described in Exhibit "A" which is the subject of this Agreement. 11. FSAlHSAlWRA Lands. Two thousand eight hundred and seventy six and two tenths (2,676.2) acres of COC SSA 16 are within a Habitat Stewardship Area (HSA), Flow Way Stewardship Area (FSA), Water Retention Area fYJRA), and Open Area contiguous to the Okaloacoochee Slough. The HSA, FSA, WRA and Open Area Lands are depicted on Exhibit "F". 12. Successors and Assians. As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the CDC SSA 16 land described in Exhibit "A". 13. Amendments. This Agreement may only be amended by written agreement of all parties hereto. SSA 16CreditAgrecment lo-l5.()& 5 ii' Agenda Item No. 16A 12 November 18, 2008 Page 21 of 68 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. DATED: ATTEST; DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency; J# Heidi Ashton-Cicko, Assistant County Attomey Land Use Section, Chief WITNESS: CDC Land Investments, Inc. a Florida CorPoration (Signature) By: Printed Name; Title: (Printed Name)) (Signature) (Print Name)) 6 , ~' Agenda Item No. 16A 12 November 18, 2008 Page 22 of 68 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief . WITNESS: C{~, ; ,. (Si ' ature) () Elizabeth M. Dillingham lJ:L~() ~' (Signature) ~~~~ (Print Name)) ) CDC Land Investments, Inc. ~~~~" . ~~I~~ed N (m!l: ~!1' u-..,.~~ / 6 Agenda Item No. 16A12 November 18, 2008 Page 23 of 68 STATE OF FLORIDA COUNTY OF COLLIER The fOfe~oing Stewardshie Sending Area Credit Agreemrl)t was e~ecuted before me this IN day of (l{rff!7Ih , 2008, by tir';{f;/ () . (J;:VIrfi.- . , as :~, V " I 1, ;-- of CDC Land Investments, Inc., a Florida Corporation It. .,.1'"1811oW .~"",*'_oI_ . . c--. ExpINt.... to 2011 CommlsIlon . DO 605107 loll: 80ndId - -. . '. ~ , . .~ ',' -, / .,' , ~i{jt/J /)7 AI~j(iJLJIL II..J NotatIY Public / ) Name: Elizabeth M. Diflinaham Certificate No. My Commission expires:: if n q r~Jr// 'f \l SSA 16 Credit Agreement 10-15-08 7 Agenda Item No. 16A 12 November 18, 2008 Page 24 of 68 LIST OF EXHIBITS COC SSA 16 Credit Agreement Exhibit "A" CDC SSA 16 Land Legal Description Exhibit "8" CDC SSA 16 (2,876.2 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained Land Uses Exhibit "0" Natural Resource Index Assessment Worksheet Exhibit "E" Stewardship Easement Agreement Exhibit "F" 2007 NRI Scores 8 Agenda Item No. 16A 12 November 18, 2008 Page 25 of 68 CDC SSA 16 CREDIT AGREEMENT SSA 16 Credit Agreement 1 0-15~08 9 ~~ ",-- ~ Agenda Item No. 16A12 November 18, 2008 Page 26 of 68 EXHIBIT A to SECTION 1? 46 5, R 29 GOPHER RIDGE II SECTION 1J 46 S. R 29 [ SECTiON 24 4Ei 5.,'?29 SECTiON 2S T '16 S, R 29 [ ."'.,w'. ........., .,,,,,,,-r . ""...-r """ ,',......-. Agenda Item No. 16A 12 " Novembi1fA'1Y, &l'0€l ,.. Page 27 of 68 I"'~""'"'' ~--~-~-==.~.! ....,..""..-, I I SECTiON 7 T465. R30E SECTION 8 465. R 30 E r=....~...;;-~ --.-...-" ......<00.-_, -......... -- -..." .........,.. , ......-..-..-.. ..._--, SECTiON 17 4Q S. R 30 E SECTiQN 18 f 46 S, If JO t. CDC SSA 16 SECTiON 19 46 5. R 30 SEcnON 20 T 415 S. R JO E \=- . RIDGE I SfCT~ON T 4-6 S,\P GOPHER RIDCE II 30 30 , O.8S " SECTION" 46 S. R SEcnON 16 T 46 S. R 30 [ SECTION 21 T 46 5, R 30 [ I: U ,\ .. , .~ M o 'i), ~6 ~z ~~ G~ -, i' ,- I: .' ,j " 'j :1 i\ r;.:;;;.".::";;.... . '\ "............. -.. .....-.:.. '"'.. . ,....~-. ."'" ......,.'. "'........... ..........,... _Jo .",,"". -.. .~..~-. -.. .-..-, ..,~ '''''''-0-' m.. .,,_.... ,.... .:.<w,,', ,.,.. .....",-, ..,.. .....~., ."" ..""K', "" "",.-,,', t.,., . ,,'..'" , ..,,,..,-,.,,,-, .......,...,.., _.....""",,,,.,,w.. ..." ~..'" ...... -,,''"''',.~..... ...."",,"".., , ~~i! ~n ~~ i SEcrlON 031 r 46 S_ P 30 32 " R30E i 'ii!,.';":'- ;,;;;::,';:;:'1 .. _ ._. ~ __. : -. -:~'='_I.IV'~''''=';~~~''::}'''-~"'" .....,...., I nnri{j R 30 SC:TlON 5 475. RJO i--::~;w'" C.R ~~o , II , .........""."'" ".,""'-" "'......<"'l.., "',,.,................ ....... .."'.... ."",.... ,,- ,~" ,"," """........_..."""'lL....".'....... "''''''''''''''''n''"''.' IE~._ __ '" ;~- =;::-::':.:::::" - :;:~'::::'-~:':;::: S~r II l~!.a-"., ~,~ raw" ::f',::",.:::..~:-"./ CDG SSA 16 lr.~~ -".''->./''ISi-l' _........"L"'_ o Gi ~. 29 30 [ ~' /I ! T . "N i ,~ ~ : i - r'"'~"'~' ,. Ii ~i SECTiON J3 T 46 $, R 30 E ......'.-D SE~T!ON 4 475, R .50 [ 1'::"" E- XH;3ir Z. p) 1\ .~ Agenda Item No. 16A12 November 18, 2008 Page 28 of 68 LEGAL DESCRIPTION OF CDC SSA 16 A PARCEL OF LAND LYING IN SECTIONS 17, 18, 19,20,28,29,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOuTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAlD POINT OF BEGINNING HAVING A COORDINATE VALUE OF E. 545853.89 N. 782385.60, AS MEASURED ON THE FLORIDA STATE PLANE GRID. EAST ZONE, 83/90 ADJUSTMENT; THENCE SOUTH 00004'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A DISTANCE OF 4,076.20 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00"03'27" WEST A DISTANCE OF 1.360.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAlD SECTION 20; THENCE CONTINUING ALONG TIlE EASTERLY LINE OF SAID SECTION 20 SOUTH 00027'32" EAST A DISTANCE OF 2.533.80 FEET; THENCE SOUTH 00031'02" EAST A DISTANCE OF 128.12 FEET; THENCE SOUTH 89037'53" EAST A DISTANCE OF 741.36 FEET; THENCE SOUTH 00023'40" EAST A DISTANCE OF 5,339.92 FEET; THENCE NORTH 89041'28" WEST A DISTANCE OF 741.35 FEET; THENCE SOUTH 89012'13" WEST A DISTANCE OF 2,651.29 FEET; THENCE CONTINUING SOUTH 89012'13" WEST A DISTANCE OF 2,017.04 FEET; THENCE NORTH 07037'51" WEST A DISTANCE OF 181.85 FEET; THENCE CONTINUING NORTH 07"37'51" WEST A DISTANCE OF 177.26 FEET; THENCE NORTH 13051'25" EAST A DISTANCE OF 158.88 FEET; THENCE NORTH 06018'56" EAST A DISTANCE OF 158.50 FEET; THENCE NORTH 41006'06" WEST A DISTANCE OF 210.15 FEET; THENCE NORTH 26004'29" WEST A DISTANCE OF 105,18 FEET; THENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET; THENCE NORTH 42001'33" EAST A DISTANCE OF 93.12 FEET; THENCE NORTH 83056'59" EAST A DISTANCE OF 183.30 FEET; THENCE NORTH 11048'39" EAST A DISTANCE OF 441.55 FEET: THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET: THENCE NORTH 89056'54" EAST A DISTANCE OF 565.09 FEET; THENCE NORTH 0 I 038'50" EAST A DISTANCE OF 292.21 FEET; THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET; THENCE SOUTH 88059'56" EAST A DISTANCE OF 251.95 FEET; THENCE NORTH 00023'42" EAST A DISTANCE OF 341.51 FEET: THENCE NORTH 51045'14" EAST A DISTANCE OF 695.25 FEET; THENCE NORTH 39053'57" WEST A DISTANCE OF 496.56 FEET; THENCE NORTH 23000'40" WEST A DISTANCE OF 301.71 FEET; THENCE NORTH 83029'40" EAST A DISTANCE OF 120.17 FEET: THENCE NORTH 36004'39" EAST A DISTANCE OF 133.97 FEET; THENCE NORTH 68023'40" EAST A DISTANCE OF 356.87 FEET; THENCE NORTH 01059'14" EAST A DISTANCE OF 389.47 FEET; THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET; THENCE NORTH 13041'11" EAST A DISTANCE OF 205.21 FEET; THENCE NORTH 75017'24" WEST A DISTANCE OF 1,312.54 FEET; THENCE NORTH 57"41'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITH SHEET /2- -=,Xl'hZ" :z p~ 1,).- Agenda Item No. 16A12 November 18, 2008 Page 29 of 68 THE SOUTHERLY LINE OF SAID SECTION 20; THENCE CONTINUING NORTH 57'41'47" WEST A DISTANCE OF 42.42 FEET; THENCE SOUTH 89"54'15" WEST A DISTANCE OF 137.71 FEET; THENCE NORTH 75'37'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19; THENCE CONTINUING NORTH 75'37'25" WEST A DISTANCE OF 47.38 FEET; THENCE NORTH 09'26'37" EAST A DISTANCE OF 142.10 FEET; THENCE NORTH 09'16'01" WEST A DISTANCE OF 266.86 FEET; THENCE NORTH 35'38'02" WEST A DISTANCE OF 21 3.01 FEET; THENCE NORTH 29'19'33" WEST A DISTANCE OF 159.99 FEET; THENCE NORTH 27"11'l8" EAST A DISTANCE OF I 18.07 FEET; THENCE NORTH 73'45'38" EAST A DISTANCE OF 214. I 8 FEET; THENCE NORTH 37'56'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH SAID EAST LINE OF SECTION 19; THENCE CONTINUING NORTH 37'56'2R" EAST A DISTANCE OF 123.04 FEET; THENCE NORTH 11'13'44" EAST A DISTANCE OF 14.22 FEET; THENCE NORTH 11'08'16" EAST A DISTANCE OF 200.70 FEET; THENCE NORTH 48'35'16" EAST A DISTANCE OF 317.54 FEET; TlJENCE NORTH 23'13'46" EAST A DISTANCE OF 175.00 FEET; THENCE NORTH 14'05'23" EAST A DISTANCE OF 106.59 FEET; THENCE NORTH 30'19'25" WEST A DISTANCE OF 100.76 FEET; THENCE NORTH 79"38'15" WEST A DISTA.1\1CE OF 109.47 FEET; THENCE NORTH 87'48'25" WEST A DISTANCE OF 214.41 FEET; THENCE SOUTH 69"30'19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH THE AFORESAID EAST LINE OF SECTION 19; THENCE CONTINUING SOUTH 69"30'19" WEST A DISTANCE OF 76.61 FEET; THENCE SOUTH 57"21'29" WEST A DISTANCE OF 20R.40 FEET; THENCE NORTH 74"1 0'26" WEST A DISTANCE OF 108.31 FEET; THENCE SOUTH 74"32'26" WEST A DISTANCE OF 252.41 FEET; THENCE SOUTH 85"19'06" WEST A DISTANCE OF 160.84 FEET; THENCE SOUTH 80"31'59" WEST A DISTANCE OF 214.50 FEET; THENCE SOUTH 72'33'26" WEST A DISTANCE OF 106.75 FEET; THENCE SOUTH 48'35'10" WEST A DISTANCE OF 160,(1I FEET; THENCE SOUTH 34"33'13" WEST A DISTANCE OF 267.99 FEET; THENCE SOUTH 36"03'27" WEST A DISTANCE OF 214.15 FEET; THENCE SOUTH 56"07'40" WEST A DISTANCE OF 232.60 FEET; THENCE NORTH 87"53'10" WEST A DISTANCE OF 177.96 FEET; THENCE NORTH 49"42'16" WEST A DISTANCE OF 116.72 FEET; THENCE NORTH 32"32'00" WEST A DISTANCE OF 188.80 FEET; THENCE SOUTH 88"0 I '38" WEST A DISTANCE OF 190.67 FEET; THENCE SOUTH 78'32'52" WEST A DISTANCE OF 194.22 FEET; THENCE NORTH 06"17'55" WEST A DISTANCE OF 218.75 FEET; THENCE NORTH 21"05'48" WEST A DISTANCE OF 213.70 FEET; THENCE NORTH 35'30'21" WEST A DISTANCE OF 213.67 FEET; THENCE NORTH 43"21'44" WEST A DISTANCE OF 428.85 FEET; THENCE NORTH 13"17'06" WEST A DISTANCE OF 212.45 FEET; THENCE NORTH 19"32'50" WEST A DISTANCE OF 267.30 FEET; THENCE NORTH 00"27'24" WEST A DISTANCE OF 321.64 FEET; THENCE NORTH 06"59'15" WEST A DISTANCE OF 127.30 FEET; THENCE NORTH 71"21'07" WEST A DISTANCE OF 130.87 FEET; THENCE NORTH 83"50'45" WEST A DISTANCE OF 275.53 FEET; THENCE NORTH 66"44'56" WEST A DISTANCE OF 338.79 FEET; THENCE NORTH 66"20'53" WEST A DlST ANCE OF 284.28 FEET; THENCE NORTH 15"13'10" WEST A DISTANCE OF 101.19 FEET; THENCE NORTllIJ033'43" WEST A DISTANCE OF 492.91 FEET; THENCE NORTH 14"53'44" WEST A DISTANCE OF 285.27 FEET; SHEET 13 EX/T/i5iT ~ Agenda Item No. 16A 12 November 18, 2008 Page 30 of 68 THENCE NORTH 85'49'44" WEST A DISTANCE OF lI2.8I FEET; THENCE NORTH 27'50'17" WEST A DISTANCE OF 82.58 FEET; THENCE NORTH 07'26'32" EAST A DISTANCE OF 165.49 FEET; THENCE NORTH 28"34'42" WEST A DISTANCE OF 203.68 FEET; THENCE SOUTH 87'05'55" WEST A DISTANCE OF 263.00 FEET; THENCE NORTH 30'07'55" WEST A DISTANCE OF 166.88 FEET; THENCE NORTH 45'46'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 55.93 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 46.76 FEET; THENCE NORTH 01'01'07" EAST A DISTANCE OF 335.53 FEET; THENCE NORTH 26'41'21" WEST A DISTANCE 01'308.32 FEET; THENCE NORTH 01'32'44" EAST A DISTANCE OF 312.90 FEET; THENCE NORTH 39'02'0 I" WEST A DISTANCE OF 892.38 FEET; THENCE NORTH 01 '22'1 5" EAST A DISTANCE OF 620.10 FEET; THENCE NORTH 40' 19'58" WEST A DISTANCE OF 340.50 FEET; THENCE NORTH 01'59'41" WEST A DISTANCE OF 266.38 FEET; THENCE NORTH 42'06'14" EAST A DISTANCE OF 135.63 FEET; THENCE NORTH 69'09'40" EAST A DISTANCE OF 198.79 FEET; THENCE NORTH 00'50'16" EAST A DISTANCE OF 443.21 FEET; THENCE NORTH 29'56'54" WEST A DISTANCE OF 273.98 FEET; THENCE NORTH 30'29'39" EAST A DISTANCE OF 178.64 FEET; THENCE NORTH 45013'13" EAST A DISTANCE 01'243.80 FEET; THENCE NORTH 00'50'16" EAST A DISTANCE OF 288.68 FEET; THENCE NORTH 44'46'47" WEST A DISTANCE OF 332.47 FEET; THENCE NORTH 00'50'16" EAST A DISTANCE OF 296.49 FEET; THENCE NORTH 89"09'44" WEST A DISTANCE OF 296.50 FEET; THENCE NORTH 50' 16'51" EAST A DISTANCE OF 282.66 FEET; THENCE SOUTH 47050'14" EAST A DISTANCE OF 213.91 FEET; THENCE SOUTH 63'57'25" EAST A DISTANCE OF 181.27 FEET; THENCE SOUTH 52'33'18" EAST A DISTANCEOF 214.57 FEET; THENCE SOUTH 47'40'28" EAST A DISTANCE OF 366.78 FEET; THENCE SOUTH 49'31 '56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 18; THENCE CONTINUING SOUTH 49"31'56" EAST A DISTANCE OF 201.57 FEET; THENCE NORTH 78'44'35" EAST A DISTANCE OF 260.60 FEET; THENCE NORTH 41'46'09" EAST A DISTANCE 01'212.32 FEET; THENCE NORTH 25'24'18" EAST A DISTANCE OF 376.05 FEET; THENCE NORTH 35'14'00" EAST A DISTANCE OF 267.20 FEET; THENCE NORTH 12'49'24" EAST A DISTANCE OF 545.28 FEET; THENCE SOUTH 89'04'42" EAST A DISTANCE OF 204.02 FEET; THENCE NORTH 00'26'37" EAST A DfST ANCE OF 39.32 FEET TO AN INTERSECTION WITH THE NORTHERL Y LINE OF SAID SECTION 18; THENCE ALONG SAID NORTHERL Y LINE SOUTH 89'26'29" EAST A DISTANCE OF 1,446.76 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE CONTINUING ALONG SAID NORTHERL Y LINE AND CONTINUING SOUTH 89'26'29" EAST A DISTANCE OF 2.649.28 FEET TO TilE NORTHWEST CORNER OF TilE AFORESAID SECTION 17; THENCE SOUTH 89'28'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A DISTANCE OF 2.677.81 FEET TO TilE NORTH QUARTER OF SAID SECTION 17; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89'3X'12" EAST A DISTANCE OF 2.677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE POINT OF AFGlNNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2.876.20 ACRES OF LAND, MORE OR LESS: SHEET /1' L,X/lt6tFZ Agenda Item No. 16A 12 November 18, 2008 Page 31 of 68 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS AND DlSTANCES ARE BASED ON TIIE FLORIDA STATE PLANE, EAST ZONE, 83/90 ADJUSTMENT. AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. ~~ GEORGE W. HAC Y P.S.M. 5606 IO056-CDC SSA 16.RTF REF. ABB DWG #10056-CDC SSA 16 SHEET 15' P-j/fI B ,.4j Agenda Item No. 16A12 November 18, 2008 Page 32 of 68 ,~_., EXHIBIT B .- SSA 16CrcditAgreement 10-15.08 Iv> &:' XII/BII z.. - - Agenda Item No. 16A12 Page 33 of 68 ;:> f. , RANDAL BLVD o ~ ~ o b w W Q , " ez>-- __'5___('....) ___Ip.....(HSAI __......_.....1WI<'<1 0--, CZ>~Fl ""_...., Zon. {S>"'..u''''''''''''.....COO....n _E>isqP",,",undo '" " ,. " ~ '\ t. Agenda Item No. 16A 12 November 18, 2008 Page 34 of 68 EXHIBIT C 16 C,.x/~.l " __3 i 7- Z N l rlJ ~ I~ <>-- '- I" ~ I'( Agenda Item No. 16A12 November 18, 2008 Page 36 of 68 EXHIBIT 0 SSA J6 Credit Agreement IO~15-08 20 ,,:,;\/1-//3/ r 7 NCOCO ~OCD <(O~ CDN 0 ~ -r-- O~(') Z~<lJ <lJOl E.o ell <lJED.. "'<lJ ell> '00 cZ <lJ Ol <( ".'Ic....' -"_;',"';':'.-':,';,:",u) _';',;;/;;~;'CD_:',.-=:: , '''"..,..'",:0.'0 .:;~.~,~'-~ f~q~;~ ::>>;':I;:>:I':::1=;. ;~-~;~;~ ,.',:..;.(';::> '<~--!~:;~;~s~:::~::',':': ::f."""'0"cn UJ :!::',_a;,':QJ:"_U ...J -'tg:;:'5:""(I):J,~U a:1 L~i::"-,,,,--;r::< ~ :-,:5-:m;>~~t~;:r-' a j:: <( ....l ::> u ....l <( U l- e w a: u w Cl) <( III CD - I..;],: I'~l . I ., . .~ j! ~ i.'. 8-~.,"~ .... .... :-' .'. .... , ! ~I~,t' g :. U ;: .:';';'';;';''fI.i <( co:.. . (f)',.;'i:.ti :1:,....<( . , '. CD j~ 0 I ~"''''-~'7C'')~C')~C)Q),,! ..-ONMr--: r--"rne\iNl!) C\l...-(,O!'-C")C'")...-c\!l'-v ...... C\l C\J .- C'l) ONLO......~ r-.:u:icJ<ci,.... C\J/XlLOvN ~ '" ... .. -.t: cry.,.... ...- 0 cJ '" M" C"ir--: ~CD i"'- "1" ~,..: r--M C")...-~()) r--:mC\lC\l (I')...-C'\Jt--- "'''' 0'" o~ I I NO"!I.O..-Cl1 u:ir'I.ONcri...... ~NCOLOvC\l .....~,...- ~ co<.qCOI'-CDX\I crir---oiC":icricd ...-c;:;.--r--VMS; ~ '" "'~ u:id "'OCJ L{)...... co coco r--<oC\l ll"'idro"..fcr50cO NCO............r--vC">f"o-. ...... ~I.-- re oooooq 060000 I 00 OM .. o (0 ~ <i 0 to " "'I ~ a O'l --rmcri C\J1t-- a l,{) I'" ~ , C'lOCJ ,,0 OCD C'l'" o <0 ..... ~ ..,f ci <.ci v "'" 00 OlldOCJ oi a:i ...-: -il ci r-OLflOtD N..- C")C\.I oo...-o...-~o~oooo.oo.....or-- OdOONMOC\JOOoooooom I' .. .. - o .... ... cO o <'l ... ci ~ '" (0 '" "6 '6 ~ " <lJ '" '" .0 <lJ .s '" -S c ell -S iii 1ii '" 0, 1'l '6 '" t; t~ !!iiO ~ ~~ ~~i~ ()~ , ~i~WJ ;;;~ 3i8 o OqODOl'; o 000::> c:i..- OCDo)~ <::i d ui "q" ,,'" Oi"""" ~18 "'i , o ~i~ g ~I~ ~f~ ~ , I I ~ilr-- "''' ..- ~I~ N~C:cn (Y'j....-mo ,......,~C\JO r-- '" ... cO, o <'l ... o N '" <'l C'! 0- N '" <'l ... "! - c::> .~ '0 <lJ ~ S Ul '" o " Ul q q q "-0' ~ u:] ~ 000 -:tOO "'Ol (<)0> Nr-- "!I~'~ o {")I~ o ~ l1)q~co ....-C'\J"""""" (0 ~ t- co C'> 0'''- N C") 'V 11) co 0001.....:',....: .....: .,....: .....: .... .- ,,:I~ ~ ~ Ol 0 I ....NN , i 't ii, co N <'l ci o 1:.1 '0 <lJ t; '" '" '" .0 (j ell <lJ "6 '" 1ii ~ .0 " '" '" -S OJ c ~ " 2 .9 '" " o i 2 / OCJ ,..: It) ... "! - ^ .. 1:J to co -' <lJ '0 z E XII//3/, EARLY ENTRY BONUS CALCULATIONS 1672.7 0.5 836.4 1028.2 1.0 1028.2 1864.6 STEWARDSHIP CREDITS GENERATED Base Credits Earl Enlr Bonus Credits Total 2621 .3 1864.6 4485.9 ..., -;> L- c;..... WiI.nMiller CDC SSA 16 Credit Agreement E)(hibitD Agenda Item No. 16A12 November 18, 2008 Page 38 of 68 .t:7X/Iti311 Z Agenda Item No. 16A12 November 18, 2008 Page 39 of 68 NOTE SSA 16 CREDIT AGREEMENT "EXHIBIT E" IS THE STEWARDSHIP EASEMENT AGREEMENT AND ALL INCLUDED EXHIBITS PLEASE SEE STEWARDSHIP EASEMENT AGREEMENT SSA 16 Credit Agreement 23 Agenda Item No. 16A12 November 18, 2008 Page 40 of 68 ~. EXHIBIT F i _".-..... SSA 16 CreditAgm:mcnt 1ll-15-0ll E)(#;.3/T Z. r- P1 2.1 ~ " !lj N "\ ~\ " ~ OJ , '\ I" Agenda Item No. 16A 12 This Instrument Prepared by; Richard D. Yovanovich, Esq. GOodlette, Coleman, Johnson, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 STEWARDSHIP EASEMENT AGREEMENT (CDC SSA 16) THIS STEWARDSHIP EASEMENT is granted this _ day of , 2008, by CDC Land Investments, Inc, a Florida Corporation ("CDC") whose address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103, hereinafter called "Grantor", to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Services, hereinafter collectively called the "Grantees". RECITALS A. Grantor is the owner of approximately two thousand eight hundred and seventy six and two tenths (2,876.2) acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "CDC SSA 16"). B. Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement ("SSA Agreement") of even date herewith, which designated the Property "Okaloacoochee Slough North" Sending Area 16 ("CDC SSA 16"). This two thousand eight hundred and seventy six and two tenths (2,876.2) acre parcel, as legally described in Exhibit "A", has been designated as a "Stewardship Sending Area" ("SSA") in accordance with Section 4.08.06 of the Collier County Land Development Code ("LDC"). The Property is depicted on Exhibit "S". C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for CDC SSA 16 and the party responsible for such measures. D. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor four thousand four hundred and eighty five and nine tenths (4,485.9) Stewardship Credits. Stewardship Credits will allow Grantor to entitle five hundred and sixty and seven tenths (560.7) acres for development within the Rural Lands Stewardship Area District. SSA 16 Easement AgreernenllO-l5-08 ] Agenda Item No. 16A 12 November 18, 2008 Page 43 of 68 E. The purposes of this Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement, (2) to identify specmc land management measures and the party responsible, (3) to provide for the enforcement of the Stewardship Easement; and (4) in the areas to be restored by Grantor, to provide the restoration improvements and success criteria. NOW THEREFORE, in consideration of the designation of the Property as Stewardship Sending area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A", which shall run with the land and be binding upon the Grantor, its successors and assigns (hereafter collectively "Grantor") and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein, 2. Exhibit "CO depicts and Exhibit "0" also describes the two thousand eight hundred and seventy six and two tenths (2,876.2) acres within COC SSA 16 where the following four (4) Land Use Layers are eliminated and the property is henceforth prohibited from being utilized for the following land uses, as defined in Section 4.08.06 8.4 of the lOC: a. Residential land Uses, also described as land Use Layer 1. b. General Conditional Uses, also described as Land Use Layer 2. c. Earth Mining and Processing Uses, also described as Land Use Layer 3. d. Recreational Uses, also described as Land Use Layer 4. 3. Grantor reserves all other rights as Owner of the Property, including the right to engage in all other uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use COC SSA 16 only for the land uses set forth in this paragraph: a. The lands in COC SSA 16 land depicted on Exhibit "C" and described on Exhibit "D" as having had the first four (4) Land Use Layers eliminated, may also be used for Agriculture - Group 1 (Land Use Layer 5); Agriculture - Support Uses (Land Use Layer 6); Agriculture - Group 2 (land Use Layer 7) as defined in Section SSA 16 Easement Agreement 1 0-15~08 2 Agenda Item No. 16A 12 November 18, 2008 Page 44 of 68 4.08.06 BA of the LOC. Those land uses are permitted to continue, and may convert from one type of Agriculture to another. Conservation, Restoration, and Natural Resources (Land Use Layer 8) Uses are allowed on all of the Properly, including the specifics thereof set forth in Section 4.08.06 BA.b. of the LDC. b. Pursuant to Section 4.08.06 of the LOC, Grantor retains the right to amend this SSA in the future to remove one or more additional Land Use Layers and/or for restoration activities in return for additional Stewardship Credits. Nothing in this provision, Stewardship Easement or County LDC shall preclude Grantor's right to remove one or mora-additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance. c. Grantor retains the right to construct and maintain farm and ranch roads to access its lands within the Properly for the purposes retained herein. d. Grantor retains the right to engage in traditional activities on the Property, such as, but not limited 10 hiking, hunting (including organized hunting activities), nature observatory and other ece- observation excursions, and other such occasional non-destructlve activities. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Properly that may be altered by any inconsistent activity or use. Notwithstanding the above, Grantor shall not be liable for or be obligated to restore alterations of the Property caused by third-parties or acts of God. 5. On Ihose lands within COC SSA 16 on which Land Use layers 1 through 4 are eliminated, land management measures may consist of one or more of the following: brush clearing, mechanical brush control ("chopping"), prescribed burning, other exotic and nuisance species control, fence construction and maintenance, silvaculture management, and ditch and ranch road maintenance, to maintain the land in its existing condition. In addition to the land management measures listed above, the following land management measures may be utilized; such as disking; irrigation, ditch, dike and pumping construction and maintenance; farm road construction and maintenance; storage of farming equipment; and other practices associated with the uses under Land Use Layers 5 - 8, inclusive, may be utilized. SSA 16 Easement A.grt!cment 10-15..08 3 Agenda Item No. 16A 12 November 18, 2008 Page 45 of 68 6. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property, except for damage or alteration of the Property caused in whole or in part by Grantee's acts or omissions. 7. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 8. References to the LDC are to those provisions of Section 4.08.06 of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. 9. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be bome by and recoverable against the non-prevailing party in such proceedings. 10. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this StewardShip Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-In-interest. 13. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County, or as provided for in the Escrow Agreement between the Grantor and the County dated ,2008. SSA 16 EasemelltAgreement 10-15-06 4 Agenda Item No. 16A 12 November 18, 2008 Page 46 of 68 14. Grantee acknowledges that the removal of Land Use Layers to generate Stewardship Credits under the Stewardship Easement does not preclude the use of such removal as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance for activities conducted in a Stewardship Receiving Area utilizing the Stewardship Credits generated by the Stewardship Easement. Grantee also acknowledges that nothing in this Stewardship Easement or County LDC precludes Grantor's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance either concurrent w1tIror independent of the generation of additional Stewardship Credits. TO HAVE AND TO HOLD unto grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances that are contrary to this Stewardship Easement; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims. of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of , 2008. SSA 16 Easement Agreement 10-15.08 5 Agenda Item No. 16A 12 November 18, 2008 Page 47 of 68 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Name By: Print Name Its: Signature Name Signature SSA 16 Easement Agreement 10-15-08 6 Agenda Item No. 16A12 November 18, 2008 Page 48 of 68 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this _ day of , 2008, of the Florida Department of Agriculture and Consumer Services. Notary Public Name Certificate No. My Commission Expires DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: ~(t4-' Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief WITNESS: CDC LAND INVESTMENTS, Inc. a Florida Corporation (Signature) By: Printed Name: Title: (Print full name) (Signature) (Print full name) SSA 16 Easement Agreement 1()..lS-08 7 Agenda Item No. 16A12 November 18, 2008 Page 49 of 68 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this _ day of , 2008, of the Florida Department of Agriculture and Consumer Services. Notary Public Name Certificate No. My Commission Expires DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief WITNESS: COC LAND INVESTMENTS, Inc. a Florida Corporation II ..! '/, "J' 7"'1' 1'[ .'.1,,1//. I., I (Signature) leu Ii ]',l(: " ! / , ./ By: ~{ . Printed r:1m~4::-;;:j.. &-,.....~ Title: '( Cr> . ,. Elizabeth M. DillinQham (Print full nam l~(' (Signature) . I. . {" .. \} t-\-\k;~ 't)i\tX::' (Print full name) SSA 16 Easement Agreement 10.15-08 7 STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16A12 November 18, 2008 Page 50 of 68 The foregoing. Stewardship Easement Agreement wa~ executed pefore me this rliN~ day. of (17 mAtlc... , 2008, by /iN:!,!. f:TJ). {IN' /;':tt . as /./~F IkSIfK.-J.J7 of CDC Land Investments, Inc, a Florida Corporation . G):M. ~ PublIc. SIoIt cll'loIIdIl . . CQ,..iWu.. ExpRI Jen to 2011 '.. eo.,.,....., , DO 808107 """. 80ndId NdanII AIm. SSA 16 Ease':1ent Agreement 1 Q-1 5.08 " , (I j." ',' 'It tJ!i((/F4/1. Not ry Public /J Name: Flizabeth fi( DillinQham Certificate No. My Commission expires: (!-in -; ,.;1(: 1/ .j 8 Agenda Item No. 16A 12 November 18, 2008 Page 51 of 68 LIST OF EXHIBITS CDC Stewardship Sending Area 16 Stewardship Easement Agreement Exhibit "A" CDC SSA 16 Land Legal Description Exhibit "B" CDC SSA 16 (2,876.2 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained Land Uses Exhibit "0" Legal Description of CDC SSA 16 AG-1 SSA 16 Easement Agreement 10-15-08 9 SEcnON 12 T46S,R29E GOPHER RIDGE II S[CTlDN 13 T 46 $, R 29 E SECTION 24 T46S,R29E SE:CTlON 25 T 46 S, R 29 [ ~ - - ..... ,........... .."" ..m..'w ""..........w ,- .,,.,.... ...~, .-.... M'." .,,_.r. .... .--. ,..." ........... _.., ........, ...,...-.... -" ........-. -... .,....".. ,~.'" . "'...... ,..... ..."""". "............ .." . ,,""""< _.. .u...", ,.~ . ........ -~ ,........ r:::""_"'=r='~" '\ ~. '. ~ ~- - ,...,."....- ,,, '''.'' .'".... ..... ..._". ~ ,............" .." .---.- - -............ ..."._' u"' ,"'......,.. ,," Agenda Item No. 16A12 November 18, 2008 Pagrr.i2l0fflS" A- SECTION 7 T 46 S. R JO E. SECTION B T 46 S, R JO [ P .8. SA ==0:=-":::; ., --..-.. --""'- -,--" -....--- -.......-....." ..............-, r.::,---" ...,~... "'JIIlf rHfJlil. :m::r.r:::.I.',-" SECTION 18 T46S.RJOE SECTION t 7 T 46 S. R 30 E CDC SSA 16 (2876.20A'CRf:51c) ==-":::-...:1:1" SECTION 19 T 4-6 S. R 30 E SECTION 20 465, R 30 E ,---..-.. ......._-, -,--_.. '--..- , \~ ~, "'!'!'.':""'~f;/ , , GOPHER RIDGE I GOPHER RIDGE II >, COC SSA 16 i':)~ ~ __._.,.A:l:J ' '-"""-' ~~ ~" Ii ~I ~\, [=";"- -...........-, .....".......- _........,-, 1111 'i"' i I !..n: 1 i~: 0 ,- SECTION 31 T 46 S, R JO E 1:-- '1 SECTION 32 46 S, R 30 [ --"---~ -. ...-" --- .......- -' -......... ",rL.".C. ,.-"-"'-,, .--.....- SECTION 6 475, R 30 [ SECTION 5 r 47 5. R 30 F C-RIUS '" ~ --~-_.._. ~-' =.~:::::.;;.:~=~;,,~==~: .....,....__..ao<_.. ...................-......... ............. "'" ......... ". "" ,~..... ....................--........... ,.......,,,"'........... SECTION 9 T46S.RJOE SECTION 16 T 46 S, R 30 E SECTION 21 T 46 S. R 30 [ Ii 1\ !! I(j ~ .~ m~ n .Vl::! o ~z ~~ O~ ~ I: 11 '\ !' I: ," ~I SECTION JJ T45S.R30[ SL-CTlON 4 475, R 30 E I~~ f'1I Cre- 10 :=: :1/11 B 'T 3 Agenda Item No. 16A12 November 18, 2008 Page 53 of 68 LEGAL DESCRIPTION OF CDC SSA 16 A PARCEL OF LAND LYING IN SECTIONS 17, 18, 19,20,28,29,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF BEGINNING HAVING A CGORDlNATE V AWE OF E. 545853.89 N, 782385.60. AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST lONE. 83/90 ADJUSTMENT: THENCE SOUTH 00'04'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A DISTANCE OF 4,076,20 FEET: THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00"03'27" WEST A DISTANCE OF 1.360.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00'30'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A DISTANCE OF 2.659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTiON 20: THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00"27'32" EAST A DISTANCE OF 2.533.80 FEET: THENCE SOUTH 00'31 '02" EAST A DISTANCE OF 128,12 FEET; THENCE SOUTH 89"37'53" EAST A DISTANCE OF 741.36 FEET; THENCE SOUTH 00'23'40" EAST A DISTANCE OF 5,339.92 FEET; THENCE NORTH 89"41'28" WEST A DISTANCE OF 741.35 FEET: THENCE SOUTH 89"12'13" WEST A DISTANCE OF 2.65l.29 FEET: THENCE CONTINUING SOUTH 89"12'13" WEST A DISTANCE OF 2.017,04 FEET: THENCE NORTH 07037'51" WEST A DISTANCE OF 181.85 FEET: THENCE CONTINUING NORTH OT3 7'51" WEST A DISTANCE OF I 77.26 FEET: THENCE NORTH 13"51'25" EAST A DISTANCE OF 158.88 FEET: THENCE NORTH 06"18'56" EAST A DISTANCE OF 158.50 FEET: THENCE NORTH 41"06'06" WEST A DISTANCE OF 210,15 FEET: THENCE NORTH 26"04'29" WEST A DISTANCE OF 105.18 FEET; THENCE SOUTH 86"56'24" EAST A DISTANCE OF 331.65 FEET; THENCE NORTH 42'01'33" EAST A DISTANCE OF 93.12 FEET; THENCE NORTH 83"56'59" EAST A DISTANCE OF 183.30 FEET: THENCE NORTH II "48'39" EAST A DISTANCE OF 441.55 FEET: THENCE NORTH 03"19'09" EAST A DlST ANCE OF 773.24 FEET: THENCE NORTH 89"56'54" EAST A DISTANCE OF 565,09 FEET; THENCE NORTH 01"38'50" EAST A DISTANCE OF 292,21 FEET; THENCE NORTH 42"45'40" EAST A DISTANCE OF 179.11 FEET; THENCE SOUTH 88"59'56" EAST A DISTANCE OF 251.95 FEET: THENCE NORTH 00"23'42" EAST A DISTANCE OF 341 j I FEET: THENCE NORTH 51"45'14" EAST A DISTANCE OF 695.25 FEET: THENCE NORTH 39"53'57" WEST A DISTANCE OF 496,56 FEET; THENCE NORTH 23"00'40" WEST A DIST ANCE OF 301.71 FEET: THENCE NORTH 83"29'40" EAST A DISTANCE OF 120,17 FEET: I'HENCE NORTH 36"04'39" EAST A DISTANCE OF 133.97 FEET: THENCE NORTH 68"23'40" EAST A DISTANCE OF 356.87 FEET: THENCE NORTH 01'59'14" EAST A DISTA10iCE 01'389.47 FEET: THENCE NORTH 75"14'38" WEST A DISTANCE OF 810,63 FEET: THENCE 1oiORTH (3"41'11" EAST A DISTA10iCE OF 205.2l FEET; THENCE NORTH 75"17'24" WEST A DISTANCE OF 1.312.54 FEET: THENCE NORTH 57'41'47" WEST A D1ST A10iCE OF 49.74 FEET TO AN I"TERSECTI01oi WITH SHEET 2 OF 5 ;7A&c [ I F Xl'll i3 I' 3 Agenda Item No. 16A12 November 18, 2008 Page 54 of 68 THE SOUTHERLY LINE OF SAID SECTION 20; THENCE CONTINUING NORTH 57041'47" WEST A DISTANCE OF 42,42 FEET; THENCE SOU'TH 89054'15" WEST A DISTANCE OF 137.7t FEET; THENCE NORTH 75037'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19; THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET; THENCE NORTH 09026'37" EAST A DISTANCE OF 142.tO FEET; THENCE NORTH 09016'0 I" WEST A DISTANCE OF 266.86 FEET; THENCE NORTH 35038'02" WEST A DISTANCE OF 213,01 FEET; THENCE NORTH 29019'33" WEST A DISTANCE OF 159.99 FEET; THENCE NORTH 270t 1'18" EAST A DISTANCE OF 118.07 FEET; THENCE NORTH 73045'38" EAST A DISTANCE OF 214.18 FEET; THENCE NORTH 37056'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH SAID EAST LINE OF SECTION 19; THENCE CONTINUING NORTH 37056'28" EAST A DISTANCE OF 123.04 FEET; THENCE NORTH 11013'44" EAST A DISTANCE OF 14.22 FEET; THENCE NORTH 11008'16" EAST A DISTANCE OF 200.70 FEET; THENCE NORTH 48035'16" EAST A DISTANCE OF 317.54 FEET; THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET; THENCE NORTH 14"05'23" EAST A DISTANCE OF 106,59 FEET; THENCE NORTH 30'19'25" WEST A DISTANCE OF 100.76 FEET; THENCE NORTH 79'38' 15" WEST A DISTANCE OF 109.47 FEET; THENCE NORTH 87'48'25" WEST A DISTANCE OF 214.4t FEET; THENCE SOUTH 69030'19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH THE AFORESAID EAST LINE OF SECTION 19; THENCE CONTINUING SOUTH 69030't9" WEST A DISTANCE OF 76.61 FEET; THENCE SOUTH 57'21 '29" WEST A DISTANCE OF 208.40 FEET; THENCE NORTH 74'10'26" WEST A DISTANCE OF 108.31 FEET; THENCE SOUTH 74'32'26" WEST A DISTANCE OF 252.41 FEET; THENCE SOUTIl85'19'06" WEST A DISTANCE OF 160.84 FEET; THENCE SOUTH 80'31 '59" WEST A DISTANCE OF 214.50 FEET; THENCE SOUTIl72'33'26" WEST A DISTANCE OF 106.75 FEET; THENCE SOUTH 48'35'10" WEST A DISTANCE OF 160,01 FEET; THENCE SOUTH 34033'13" WEST A DISTANCE OF 267.99 FEET; THENCE SOUTH 36"03'27" WEST A DISTANCE OF 214.15 FEET; THENCE SOUTH 56'07'40" WEST A DISTANCE OF 232.60 FEET; THENCE NORTH 87"53'10" WEST A DISTANCE OF 177.96 FEET; THENCE NORTH 49042'16" WEST A DISTANCE OF 116.72 FEET; THENCE NORTH 32032'00" WEST A DISTANCE OF 188.80 FEET; THENCE SOUTH 88'01'38" WEST A DISTANCE OF 190.67 FEET; THENCE SOUTH 78'32'52" WEST A DISTANCE OF 194.22 FEET; THENCE NORTH 06017'55" WEST A DISTANCE OF 218.75 FEET; THENCE NORTH 21005'48" WEST A DISTANCE OF 213.70 FEFT; THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET; THENCE NORTH 43021'44" WEST A DISTANCE OF 428.85 FEET; THENCE NORTIl130IT06" WEST A DISTANCE OF 212.45 FEET; THENCE NORTH 19'32'50" WEST A DISTANCE OF 267.30 FEET; THENCE NORTH 00027'24" WEST A DISTANCE OF 321.64 FEET; THENCE NORTH 06'59'15" WEST A DISTANCE OF 127.30 FEET: THENCE NORTH 71'21'07" WEST A DISTANCE OF 130.87 FEET: THENCE NORTH 83'50'45" WEST A DISTANCE OF 275.53 FEET; THENCE NORTH 66'44'56" WEST A DISTANCE OF 338.79 FEET; THENCE NORTH 66'20'53" WEST A DISTANCE OF 284.28 FEET; THENCE NORTH 15"13'10" WEST A DISTANCE OF 101.19 FEET; THENCE NORTH 13033'43" WEST ^ DISTANCE OF 492.91 FEET; THENCE NORTH 14'53'44" WEST A DISTANCE OF 285.27 FEET; SHEET 3 OF 5 PA&e I ~ E)i'/'f,j3i'T 3 Agenda Item No, 16A 12 November 18, 2008 Page 55 of 68 THENCE NORTH 85'49'44" WEST A DISTANCE OF 112,81 FEET; THENCE NORTH 27"50'17" WEST A DISTANCE OF 82.58 FEET; THENCE NORTH 07"26'32" EAST A DISTANCE OF 165.49 FEET; THENCE NORTH 28"34'42" WEST A DISTANCE OF 203,68 FEET; THENCE SOUTH 87"05'55" WEST A DISTANCE OF 263.00 FEET; THENCE NORTH 30'07'55" WEST A DISTANCE OF t 66.88 FEET; THENCE NORTH 45'46'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CONTINU[NG NORTH 45'46'47" WEST A DISTANCE OF 55,93 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED SECTION 18; THENCE CO)','TINUlNG NORTH 45046'47" WEST A DISTANCE OF 46.76 FEET; THENCE NORTH 01 '01'07" EAST A DISTANCE OF 33553 FEET; THENCE NORTH 26"41'21" WEST A DISTANCE OF 308.32 FEET; THENCE NORTH 01"32'44" EAST A DISTANCE OF 3 [2.90 FEET; THENCE NORTH 39'02'0 I" WEST A DISTANCE OF 892.38 FEET; THENCE NORTH 01"22'[5" EAST A DISTANCE OF 620.10 FEET; THENCE NORTH 40"19'58" WEST A DISTANCE OF 340.50 FEET; THENCE NORTH 01'59'41" WEST A DISTANCE OF 266.38 FEET; THENCE NORTH 42"06'14" EAST A DISTANCE OF 135,63 FEET; THENCE NORTH 69'09'40" EAST A DISTANCE OF 198.79 FEET; THENCE NORTH 00'50'16" EAST A DISTANCE OF 443.21 FEET; THENCE NORTH 29'56'54" WEST A DISTANCE OF 273,98 FEET; THENCE NORTH 30'29'39" EAST A DISTANCE OF 178.64 FEET; THENCE NORTH 45"13'13" EAST A DISTANCE OF 243.80 FEET: THENCE NORTH 00050'16" EAST A DISTANCE OF 288.68 FEET; THENCE NORTH 44'46'47" WEST A DISTANCE OF 332.47 FEET: THENCE NORTH 00"50' 16" EAST A DISTANCE OF 29649 FEET; THENCE NORTH 89'09'44" WEST A DISTANCE OF 296,50 FEET; THENCE NORTH 50'16'51" EAST A DISTANCE OF282.66 FEET; THENCE SOUTH 47"50'14" EAST A DISTANCE OF 213.91 FEET; THENCE SOUTH 63057'25" EAST A DISTANCE OF 181.27 FEET; THENCE SOUTH 52033'18" EAST A DISTANCE OF 214.57 FEET; THENCE SOUTH 47040'28" EAST A DISTANCE OF 366,78 FEET; THENCE SOUTH 49031 '56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 18; THENCE CONTINUING SOUTH 49"31'56" EAST A DISTANCE OF 201.57 FEET; TIlENCE NORTH 78"44'35" EAST A DISTANCE OF 260,60 FEET; THENCE NORTH 41 '46'09" EAST A DISTANCE OF 212,32 FEET; THENCE NORTH 25024'18" EAST A D[STANCE OF 376.05 FEET; THENCE NORTH 35014'00" EAST A DISTANCE OF 267.20 FEET; THENCE NORTH 12"49'24" EAST A D[STANCE OF 545.28 FEET; THENCE SOUTH 89004'42" EAST A DISTANCE OF 204.02 FEET: THENCE NORTH 00"26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 18; THENCE ALONG SAID NORTHERLY LINE SO[;TI-I 89'26'29" EAST A DISTANCE OF 1.446.76 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE CONTINU[NG ALONG SAID NORTHERL Y LINE AND CONTI:--iUING SOUTIl 89"26'29" EAST A DISTANCE OF 2.649.28 FEET TO THE NORTHWEST CORNER OF THE AFORESAID SECTION 17; THENCE SOUTH 89"28'45" EAST ALONG TI-IE NORTHERLY LINE OF St\lD SECTION 17 A DISTANCE OF 2.677.81 FEET TO TilE NORTH QUARTER OF SAID SECTION 17; THENCE CO)','TINLJING ALONG SAID NORTHERLY LINE SOUTH 89"38'12" EAST A DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE POINT OF BEGINNING OF THE PARCEL HEREI:--i DESCRIBED; CONTAINING 2,876,20 ACRES OF LAND. MORE OR LESS; SHEET 4 OF 5 7'llCctc; 1.3 E,,</f/6,T 3 Agenda Item No. 16A 12 November 18, 2008 Page 56 of 68 r- SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE, 83/90 ADJUSTMENT. AGNOU, BARBER AND BRUNDAGE, INe. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. ~~ GEORGE W. HAC Y P.S.M. 5606 lO056-CDC SSA I6.RTF REF. ABB DWG #10056-CDC SSA 16 ~ SHEET 5 OF 5 FA &C ,'-1 5X#-/8it 3 Agenda Item No. 16A 12 Page 57 of 68 ';J '" ~ "\ RANDAL BLVD Q ~ m o o ~ ~ n ~ ~ " , OJ , '1. c.u Nroro ~O<.O <(0_ (ON 0 ,or o::iCO ~L() ~OJ OJ 0> E-" '" OJ ED.. ""OJ ",> -00 cZ OJ 0> <( -- SECTION 12 46 $, .I? 29 E GOPHER RIDGE Ii SEer/ON I J T 46 S. R 29 E ~ SECTION 24 16 S. R 29 [ SEe iWN 25 465, R 29 [ ~ - - ...~ ,-~..., "". 'N'>,'"'' '''.~ ,..,...,'. ...~ ......... ,,,.. ........., ~..... . .....,.., .... ....n~r "." . ""..... ''',," ...".,r' "," ,......'. "... . ~.",,'. . ..... ........'. '.... . ,""...., ,.., .N"'.... ".....,,,..... ".."""..... ~ - - ,,- .-.. ,..,....."'". ...~ . ",,,,,. '"'' ..,...... ~.., .....-,,' ........."" ...........,. ...... .....H. ....~ ......~ -.. ._~. ............ .." ,.."..' ,.... ,'n"" ..,......"... SECTION 7 T 046 S. R JO [ -._-~ ---- ::,.&"'z"r:=.::.-" SEer/ON 18 T 46 S, R 30 E cue S5A 16 (AIJ-J) (2tJ76](J ACRES t) '-. , SECTION 19 r 46 5, R 30 E .. " J l__ / I \ '- --"--~-, GOPHER RIDGE / \ GOPHER \ RiOGE II \ SECTION JO 46 S.\R 30 [ ,,';';;;:':;:':;-\ ii\. 1:\ '--->,-.'",P \ liil t,-I .1' \ I r~ li !; 'I -..""''''.....''' ..... ""',,' ,~- -"-,"".",....- SECTlUN Jr 46 5, P jD E (1:1E:;-' ~:~:t::::~ SECTION C 475, F.'30 I;:~;W"" ." ~OI.U!:R Er<rE~Plll"ts 11~1I.u:t"fNT, IHC """""....<><10"""'.,...,,,.,,,..",, ,.....,..-................". ................-."-...,,,.... _...................,............. ......""'." " .1 !;:;:~=,,;;,;, :::~,~c:~; i,;,!!_ ~" --"""'" --...... , "__..t___" .,- __...",_g_o_. il"""'~;w~ Agenda Item No. 16A12 November 1& 200lL ,.., P..y.,(~~l6H13 1-/ SECTION 8 T 46 $, R JO E ;~:~~" (-.-..--.. \ -- , s[cnON T 46 S. R ""--'------'!-m- tllim. SECTION 17 r 46 $, R 30 E SECTION 16 T 46 S, R JO E .......---.. ..."".......- SECTION 20 46 S, R 30 E SCCTION 2J 46 S. R 3C E ~~..-=-~.. ~ .~ -.....,-..-.. --,........ Ii 1\ ...", j " ."."-,.\~~,, -,..,......."1<0 l~~: " ' GDC S5A 16 (AG-I) ~. ._ ii ,~~ :\ 11 ,'__w.~....r >.\_.{l '" >~ " !-f1:j a ,~ ,--,..., 0> ~ Ii ~I '\ I' ~./l ' . ! " ; ~. 11 (- ~- ~ i; ;i k ~ SECTION JJ f 46 S, R JO E S[cJ,'orJ J2 ..6 ::;, R .30 E , ".. .,~''''. 5c'ClrON S ~ R JCJ 3EcnON 4 I 4/ 5. R 30 f :'::'--'- J['"'' -i- " I'~.'o."" PA {jj{ '7 ,E;<jr'115/1 3 Agenda Item No. 16A 12 November 18, 2008 Page 60 of 68 LEGAL DESCRIPTION 01' CDC SSA 16 (AG-I) A PARCEL OF LAND LYING IN SECTIONS 17,18,19,20,28,29,32 AND33 TOWNSHIP 46 SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOlITH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E, 545853.89 N. 782385.60. AS MEASURED ON THE FLORIDA STATE PLANE GRID. EAST ZONE, 83/90 ADJUSTMENT; THENCE SOUTH 00004' 12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A DISTANCE OF 4,076,20 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00003'27" WEST A DISTANCE OF t,360,1 t FEET TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00027'32" EAST A DISTANCE OF 2,533.80 FEET; THENCE SOUTH 00031'02" EAST A DISTANCE OF 128.12 FEET; THENCE SOUTH 89037'53" EAST A DISTANCE OF 741.36 FEET; THENCE SOUTH 00023'40" EAST A DISTANCE OF 5.339,92 FEET; THENCE NORTH 89041'28" WEST A DISTANCE OF 741.35 FEET; THENCE SOUTH 89012'13" WEST A DISTANCE OF 2,651.29 FEET; THENCE CONTINUING SOUTH 89012']3" WEST A DISTANCE OF 2,017.04 FEET; THENCE NORTH 07037'51" WEST A DISTANCE OF 181,85 FEET; THENCE CONTINUING NORTH 07037'51" WEST A DISTANCE OF 177.26 FEET; THENCE NORTH 13"51'25" EAST A DISTANCE OF 158.88 FEET; THENCE NORTH 06"18'56" EAST A DISTANCE OF t5850 FEET; THENCE NORTH 41006'06" WEST A DISTANCE OF 210.15 FEET; THENCE NORTH 26"04'29" WEST A DISTANCE OF 105.18 FEET; THENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET; THENCE NORTH 42001'33" EAST A DISTANCE OF 93.12 FEET; THENCE NORTH 83056'59" EAST A DISTANCE OF 183.30 FEET; THENCE NORTH 11048'39" EAST A DISTANCE OF 441.55 FEET; THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET; THENCE NORTH 89056'54" EAST A DISTANCE OF 565,09 FEET; THENCE NORTH 01038'50" EAST A DISTANCE OF 292.21 FEET; THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET; THENCE SOUTH 88059'56" EAST A DISTANCE OF 251.95 FEET; THENCE NORTH 00023'42" EAST A DISTANCE OF 34151 FEET; THENCE NORTH 51045'14" EAST A DISTANCE OF 695.25 FEET; THENCE NORTH 39053'57" WEST A DISTANCE OF 496.56 FEET; THENCE NORTH 23"00'40" WEST A DISTANCE OF 301.71 FEET; THENCE NORTH 83029'40" EAST A DISTANCE OF 120,17 FEET; THENCE NORTH 36"04'39" EAST A DISTANCE OF 133.97 FEET; THENCE NORTH 68023'40" EAST A DISTANCE OF 356.87 FEET; THENCE NORTH 01"59'14" EAST A DISTANCE OF 389.47 FEET; THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET; THENCE NORTH 13041'1 I" EAST A DISTANCE OF 205.21 FEET; THENCE NORTH 75017'24" WEST A DISTANCE OF 1.312.54 FEET; THENCE NORTH 57041'47" WEST A DISTANCE OF 49,74 FEET TO AN INTERSECTION WITH SHEET 2 OF 5 ?//&€ I q .E )\111/5/ r .3 Agenda Item No. 16A12 November 18, 2008 Page 61 of 68 THE SOUTHERLY LINE OF SAID SECTION 20; THENCE CONTINUING NORTH 57"41 '47" WEST A DISTANCE OF 42,42 FEET; THENCE SOUTH 89054'15" WEST A DISTANCE OF 137.71 FEET; THENCE NORTH 7503725" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19; THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET; THENCE NORTH 09026'37" EAST A DISTANCE OF 142.10 FEET; THENCE NORTH 09016'01" WEST A DISTANCE OF 266.86 FEET; THENCE NORTH 35038'02" WEST A DISTANCE OF 213.01 FEET; THENCE NORTH 29019'33" WEST A DISTANCE OF 159.99 FEET; THENCE NORTH 27011'18" EAST A DISTANCE OF 118.07 FEET; THENCE NORTH 73045'38" EAST A DISTANCE OF 214.18 FEET; THENCE NORTH 37056'28" EAST A DISTANCE OF 17,41 FEET TO AN INTERSECTION WITH SAID EAST LINE OF SECTION 19; THENCE CONTINUING NORTH 37"56'28" EAST A DISTANCE OF 123.04 FEET; THENCE NORTH 11013'44" EAST A DISTANCE OF 14.22 FEET; THENCE NORTH II oOW 16" EAST A DISTANCE OF 200.70 FEET; THENCE NORTH 48035'16" EAST A DISTANCE OF 317,54 FEET; THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET; THENCE NORTH 14005'23" EAST A DISTANCE OF 106.59 FEET; THENCE NORTII30019'25" WEST A DISTANCE OF 100.76 FEET; THENCE NORTH 79038'15" WEST A DISTANCE OF 109,47 FEET; THENCE NORTH 87048'25" WEST A DISTANCE OF 214,41 FEET; THENCE SOUTH 69030'19" WEST A DISTANCE OF 80,40 FEET TO AN INTERSECTION WITH THE AFORESAID EAST LINE OF SECTION 19; THENCE CONTINUING SOUTH 69030'19" WEST A DISTANCE OF 76,61 FEET; THENCE SOUTH 57021'29" WEST A DISTANCE OF 208,40 FEET; THENCE NORTH 74'10'26" WEST A DISTANCE OF 108.31 FEET; THENCE SOUTH 74032'26" WEST A DISTANCE OF 252,41 FEET; THENCE SOUTH 85019'06" WEST A DISTANCE OF 160.84 FEET: THENCE SOUTI-I80031'59" WEST A DISTANCE OF 214.50 FEET; THENCE SOUTH 7r33'26" WEST A DISTANCE OF 106.75 FEET; THENCE SOUTH 48035'10" WEST A DISTANCE OF 16001 FEET: THENCE SOUTH 34033'13" WEST A DISTANCE OF 267.99 FEET; THENCE SOUTH 36003'27" WEST A DISTANCE OF 214.15 FEET; THENCE SOUTH 5(,"07'40" WEST A !lIST ANCE OF 232.(,0 FEET; THENCE NORTH 87053' I 0" WEST A DISTANCE OF 177.96 FEET; THENCE NORTH 49042' 16" WEST A DISTANCE OF II (,.72 FEET; THENCE NORTH 32"32'00" WEST A DISTANCE OF 188.80 FEET; THENCE SOUTH 88001'38" WEST A DISTANCE OF 190.67 rEET; THENCE SOUTH 780.12'52" WEST A DISTANCE OF 194.22 FEET; THENCE NORTH 0(,017'55" WEST A DISTANCE OF 218.75 FEET; THENCE NORTH 21005'48" WEST A DISTANCE OF 213.70 FEET; THENCE NORTH .150.10'21" WEST A DISTANCE OF 21.1,67 FEET; THENCE NORTH 43"21'44" WEST A DISTANCE OF 428,85 FEET; T1IENCE NORTH 1.1017'06" WEST A DISTANCE OF 212.45 FEET; THENCE NORTH 19032'50" WEST A DISTANCE OF 267.30 FEET; THENCE NORTH 00027'24" WEST A DISTANCE OF .121.64 FEET: THENCE NORTH 060W 15" WEST A DISTANCE OF 127.30 FEET; THENCE NORTH 71 "21 '07" WEST A DISTANCE OF 130.87 FEET; THENCE NORTH xr50'45" WEST A DISTANCE OF 275.53 FEET; THENCE NORTH 66044'56" WEST A DISTANCE OF 338.79 FEET; THENCE NORTH (,(,020'53" WEST A DISTANCE OF 284.28 FEET; THENCE NORTH 1501.1'10" WEST A DISTANCE OF 101.19 fEET; TIIENCE NORTH 13'33'43" WEST A DISTANCE OF 492.91 FEET; THENCE NORTH 14053'44" WEST A DISTANCE OF 285,27 rECT; SHEET 3 OF 5 '.7/, I' '-'" ( r-r -...' e::: 19 FC'X u= -' ...=.. /0' 10/ I ') ~ Agenda Item No, 16A12 November 18, 2008 Page 62 of 68 THENCE NORTH 85049'44" WEST A DISTANCE OF 112.81 FEET; THENCE NORTH 27050'17" WEST A DISTANCE OF 82.58 FEET; THENCE NORTH 07026'32" EAST A DISTANCE OF 165.49 FEET; THENCE NORTH 28034'42" WEST A DISTANCE OF 203.68 FEET; THENCE SOUTH 87005'55" WEST A DISTANCE OF 263.00 FEET; THENCE NORTH 30007'55" WEST A DISTANCE OF 166.88 FEET; THENCE NORTH 45046'47" WEST A DISTANCE OF 564.23 FEET TO AN ]NTERSECTlON WITH THE SOUTHERLY LINE OF THE AFOREMENT]ONED SECTION 18; THENCE C01'o.'TINUING NORTH 45'46'47" WEST A DISTANCE OF 55.93 FEET TO THE WESTERLY LINE OF THE AFOREMENT]ONED SECTION t8; THENCE C01'o.'TINUING NORTH 45'46'47" WEST A DISTANCE OF 46.76 FEET: THENCE NORTH 01'01'07" EAST A DISTANCE OF 335.53 FEET; THENCE NORTIl 26041'21" WEST A DISTANCE OF 308.32 FEET; THENCE NORTH Ot032'44" EAST A DISTANCE OF 312.90 FEET; THENCE NORTH 39002'01" WEST A DISTANCE OF 892.38 FEET; THENCE NORTH 01022'15" EAST A DISTANCE OF 620.10 FEET; THENCE NORTH 40019'58" WEST A DISTANCE OF 340.50 FEET; THENCE NORTH 01059'41" WEST A DISTANCE OF 266.38 FEET; THENCE NORTH 42006'14" EAST A DISTANCE OF 135.63 FEET; THENCE NORTH 69009'40" EAST A DISTANCE OF 19&.79 FEET; THENCE NORTH 00050' 16" EAST A DISTANCE OF 443.21 FEET; THENCE NORTH 29'56'54" WEST A DISTANCE OF 273.98 FEET; THENCE NORTH 30029'39" EAST A DISTANCE OF 178,64 FEET; THENCE NORTH 45013'13" EAST A DISTANCE OF 243,80 FEET; THENCE NORTH 00050' 16" EAST A DlST ANCE OF 288.68 FEET; THENCE NORTH 44046'47" WEST A DISTANCE OF 332.47 FEET; THENCE NORTH 00'50' 16" EAST A DISTANCE OF 296.49 FEET; THENCE NORTH 89'09'44" WEST A DISTANCE OF 296.50 FEET; THENCE NORTH 50'] 6'51" EAST A DISTANCE OF 282.66 FEET; THENCE SOUTH 47'50'14" EAST A DISTANCE OF 213.91 FEET; THENCE SOUTH 63'57'25" EAST A DISTANCE OF 181.27 FEET; THENCE SOUTH 52'33'18" EAST A DISTANCE OF 214,57 FEET; THENCE SOUTH 47'40'28" EAST A DISTANCE OF 366.78 FEET; THENCE SOUTH 49031'56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 18; THENCE C01'o.'TINUING SOUTH 4903\ '56" EAST A DISTANCE OF 201.57 FEET; THENCE NORTH 78"44'35" EAST A DISTANCE OF 260.60 FEET; THENCE NORTH 41'46'09" EAST A DISTANCE OF 212.32 FEET; THENCE NORTH 25024'18" EAST A DlSTANCE OF 376.05 FEET; THENCE NORTH 35014'00" EAST A DISTANCE OF 267.20 FEET; THENCE NORTH 12049'24" EAST A DISTANCE OF 545.28 FEET; THENCE SOUTH 89'04'42" EAST A DISTANCE OF 204.02 FEET; THENCE NORTH 00"26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH THE NORTIIERL Y LINE OF SAID SECTION 18; THENCE ALONG SAID NORTHERLY LINE SOUTH 89026'29" EAST A DISTANCE OF 1.446.76 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18; T] IENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH 89026'29" EAST A DISTANCE OF 2,649.28 FEET TO THE NORTHWEST CORNER OF THE AFORESAID SECTION 17; THENCE SOUTH 89028'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A DISTANCE OF 2,677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17; THENCE CONTINUING ALONG SAID NORTHERLY LlNE SOUTH 89'38' 12" EAST A DISTANCE OF 2.677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE POINT OF BEGINN]NG OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2,876.20 ACRES OF LAND, MORE OR LESS; SHEET 4 OF 5 ?/fc1[ d (J E X/f;i5 iT :3 Agenda Item No. 16A12 November 18, 2008 Page 63 of 68 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE, 83/90 ADJUSTMENT, AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. 'GEORGE . HAC Y P.S.M. 5606 10057-COC SSA 16 AG-I ).RTF REF. ABB DWG #10057.CDC SSA 16 (AG-]) SHEET 5 OF 5 ---~ ///l- 6~i~" I ~-..f j/.- ()f ok , ESCROW AGREEMENT I ,- This ESCROW AGREEMENT is made as of the _ day of . 2008 by and between Collier County, a political subdivision of the State of Florida ("County'), CDC Land Investments, Inc., a Florida Corporation ("CDC') and GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA, (the "Escrow Agent"). RECITALS WHEREAS, CDC is the owner of approximately two thousand eight hundred and seventy six and two tenths (2,876.2) acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ('RLSA Dislricf') located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application 2008-AR-13326 ('SSA Designation Application") filed by Owner with Collier County, Florida; and WHEREAS, Collier Enterprises Management, Inc. ("CEM!"), an entity related to CDC, has submitted applications to Collier County, South Florida Water Management District and the Unijed States Department of Army, Corps of Engineers for authorization to develop the Town of Big Cypress located within the RLSA District consistent wijh the provisions of Sections 4.08.06 and 4.08.07 of the Collier County land Development Code; WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be developed consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County Land Development Code; WHEREAS, in order to develop the Town of Big Cypress in accordance with Section 4.08.07, CEMI is required under Section 4.08.07 to exchenge Stewardship Credits granted under Section 4.08.06 forthe additional residential or non-residential entitlements necessary to develop the Town as a 8RA; WHEREAS, the Owner submitted a SSA Designation Application requesting that the two thousand eight hundred and seventy six and two tenths (2,876.2) acre parcel (hereinafter referred to as 'COC SSA 16'~ be designated as a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06 of the Collier County Land Development Code, and to establish Stewardship Credits that would be available for CEMI to develop the Town of Big Cypress 8RA; and WHEREAS, Collier County reviewed SSA Designation Application, determined that the application was legally sufficient and would generate 4,485.9 Stewardship Credits under the provisions of Section 4.08.06; and WHEREAS, the County, COC and CEMI acknowledge and agree that the issuance of final, non-appealable govemmental authorizations, inclUding County approvals, necessary to develop the Town of Big Cypress 8RA consistent wlth the provisions of Section 4.08.07 will be issued subsequent to the County approval of COC SSA 16 and the Town of Big Cypress SRA; and WHEREAS, the County and CDC agree that COG SSA 16 is approved and generates 4,485.9 Stewardship Credits subject to the terms and conditions of this Escrow Agreement; and SSA 16 Escrow Agreement 1().15-08.Doc Escrow Agreement - Page 1 of 5 Agenda Item No. 16A12 November 18, 2008 Page 65 of 68 WHEREAS, CDC agrees to interim land use limitations on CDC SSA 16as set forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and Stewardship Easement Agreement are recorded or terminated pursuant to the terms of this Escrow Agreement. AGREEMENTS NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals: The above recitals are true and correct and incorporated herein by reference. 2. Tender of Documents: CDC and County shall execute and deliver to the Escrow Agent the Stewardship Sending Area Credit Agreement - CDC SSA 16 Credit Agreement and Stewardship Easement Agreement CDC SSA 16 ("Documents"). 3. The Escrow Agent shall deliver the original Documents to the County for recording in the public records of Collier County upon presentment of the following by CDC: a. An approved SRA for the Town of Big Cypress which requires the exchange of Stewardship Credits from CDC SSA 16 for the additional residential and non- residential entitiements; and b. All necessary final and non-appealable local, state and federal permits, other than a plat, site development plan or building permit, necessary to construct the Town of Big Cypress consistent with the provisions of Section 4.0B.07 of the Collier County Land Development Code; and In the event the approvals referenced above in Section 3 are not delivared to the Escrow Agent on or before November 18,2013, this EsCrow Agreement shall terminate and the original Documents shall be returned to CDC. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval is filed, CDC and County may elect to extend the Escrow Agreement by written agreement until the challenge or appeal is finally resolved. If the challenge or appeal is not resolved such that the construction may commence under terms acceptable to CDC, CDC may within 180 days of the final disposition of the challenge or appeal terminate this Escrow Agreement. 4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations and negative covenants contained in the Documents shall be null and void without further action from the parties hereto, the land shall revert to its underlying zoning classification prior to the effective date of the Documents, and the Town of Big Cypress SRA shall be terminated. If requested by CDC, Collier County shall provide a written release and termination of this Agreement and the Documents for recording in the public records within fifteen (15) days of the request from CDC. Collier County shall update the overlay map to reflect the termination of CDC SSA 16 or any SRA. 5. Interim Land Use Limitations. CDC agrees to the elimination of land use layers and the land management measures set forth in the Documents during the term of this Escrow Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement, CDC shall record in the public records of Collier County a notice of these interim land use restrictions in a form acceptable to the County. SSA 16 Escrow Agreement 1o-15-08.0oc Escrow Agreement - Page 2 of 5 Agenda Item No. 16A 12 November 18, 2008 Page 66 of 68 6. Escrow Aaent Obliaations and Indemnitv: The County and COC shall hold the Escrow Agent harmless of and from the release or failure to release the documents by the Escrow Agent for any reason whatsoever as a result of this Escrow Agreement, except for as a result of the willful misconduct or gross negligence ofthe Escrow Agent. The Escrow Agent is authorized to rely on any document believed by the Escrow Agent to be authentic in making delivery of documents hereunder. 7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way except by an amendment signed by the County and CDC and acknowledged by the Escrow Agent. 8. Govemina Law: This Escrow Agreement and all matters pertaining hereto shall be govemed by and construed in accordance with the laws. of the State..of Florida. 9. Attornevs' Fees: In connection with any litigation conceming this Escrow Agreement, the prevailing party shall be entitled to recover reasonable attomeys' fees, paralegal fees and costs, including such that may be incurred at the appellate level. 10. ReDresentation: The County acknowledges and agree that GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. represents COC and may continue to do so while serving as Escrow Agent and notwithstanding any present or future dispute arising under this Agreement. The parties do not object to such services by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA as Escrow Agent and such representation of COC by GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA in this and other matters, and agree that such service and such representation does not adversely affect the independent professional judgment of GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA on behalf of any such party or the ability of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA to adequateiy represent the interest of any such party. 11. Bindina Aareement: This Escrow Agreement shall bind all successors and shall inure to the benefit of heirs, executors, administrators or other successors in interest of the parties hereto. 12. Interoleader: Notwithstanding any other provision herein to the contrary, if there is any dispute between the County and COC as to the documents held hereunder, the Escrow Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit Court of Collier County be relieved of any further responsibility to the County and CDC pursuant to this Agreement. 13. CounterDarts and Execution: Executed counter-part copies of the original of this document shall be treated as if the originals were so executed and shall bind the executing party and shall have the same force and effect as the original. Execution of this Agreement by facsimile shall be treated as an original. SSA 16 Escrow Agreement 1o-15-08.Dcc Escrow Agreement - Page 3 of 5 Agenda Item No. 16A 12 November 18, 2008 Page 67 of 68 IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COLLIER COUNTY CLERK OF COURTS By: By: Tom Henning, Chairman APPROVED AS TO FORM AND lEGAL SUFFICIENCY: By: Heidi Ashton-Cicko, Assistant County Attorney land Use Section, Chief WITNESS: CDC land Investments, Inc. a Florida Co oration , :,:' ",."' l It,' /!(i!.l')t.ir-.- , ;J Elizabeth M. Dillingham (pri)t full n~me) _ L rJL ()- (Signature) I (, . \:l\-0c~ Ii! '\LA? (Print full name) By: Printe Title: ..e; ,l '. " " rj, 1 "-'A I'! (,.I.it/if! ,1.,'1. (Signature) SSA 16 Escrow Agreement 10-15-08.Doc Escrow Agreement - Page 4 of 5 Agenda Item No, 16A12 November 18, 2008 Page 68 of 68 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agr~ement w'!li exeFuted bet ore me t7s :~)L{ 'ty of ~ )belL, 2008, by Il\;.tfl\iy) b ~VMJJI(i6 V'Lt=:f1J{5\1?r41 of GOODLETTE, COLEMAN, JOHNSON, YOVANOVIC & KOESTER, P A U~dD Notary PUbliR . Name: VVlltU"i'Ic:. (;.J Certificate No.C My Commission expires: I - J" - ?Ol ,....,,~., MICHELEW. CA8WElJ. !" .'To'! MYCOMMISSIONt00595116 , '. EXJlIAES: Ja""lIY 14, 2011 IClfIdtdTllN.HoIIryl\lblltUtlllerwrilen ESCROW AGENT: GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA ~-:) '--.:?r'<- By: Richard D. Yovanovich Its: -J' . -.A r,~ -' .<..-v- \- Date: '" \ L" .:: 'l'. SSA 16 Escrow Agreement 10-15-08.Doo Escrow Agreement. Page 5 of 5