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Backup Documents 11/10/2020 Item #17F PL20200001363 11/10/20 Buckley MPUb Closeout COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: Originating Dept/Div: GMD/Development Review Person: Laurie Beard, Project Manager Date:October 1,2020 Petition No.(If none,give a brief description): PL20200001363 Petitioner: (Name&Address): Collier County Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M., November 10,2020, (Based on advertisement appearing-20-days before hearing. Newspaper(s)to be used: (Complete only if important): xxx Naples Daily News Account#323297 Other Legally Required Purchase Order No.4500205973 Invoice under AdPoint ID323297 Proposed text:(include legal description&common locations&size: See Attached Companion petition(s), if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138327-649100 Reviewed By: Date: Matt McLean, Division Director List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFIC ']�) Date Received 10 J/ Date of Public Hearing ` ' (01 Date Advertised te'je240l/ I 7 F NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 a.m.on November 10,2020,in the Board of County Commissioners Chambers,Third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL,to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S)AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. [PL20200001363] The PUD is located in Collier County, Florida at the Northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2,Township 49 South,Range 25 East,consisting of 21.7+acres. All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS, CHAIRMAN 1 7 F CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: /s/ Deputy Clerk(SEAL) I F RESOLUTION NO. 2020 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. WHEREAS, it is in the mutual interests of the Buckley Mixed Use Planned Unit Development and Collier County to close out the Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Development and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, the Planned Unit Development has explicitly complied with each and every developer commitment except for one remaining transportation commitment - a fair share contribution toward intersection improvements at Airport-Pulling Road and Orange Blossom Drive. The Buckley MPUD Close-Out Agreement provides for said fair share contribution in the amount of $16,518.00 to be made within ten business days of the Board of County Commissioners' approval of the agreement; and WHEREAS, LDC Section 10.02.13.F.5 requires that a release of PUD commitments determined to be no longer necessary be approved by the Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Buckley Mixed Use Planned Unit Development within Collier County is found to be "built-out" and therefore is deemed "closed out" for purposes of the Land Development Code, Section 10.02.13.F. BE IT FURTHER RESOLVED that the one remaining transportation commitment relating to a fair share contribution toward intersection improvements will be deemed as fulfilled upon receipt of the payment of$16,518 as agreed to in the Buckley MPUD Close-Out Agreement. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 17F Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, October 5, 2020 3:13 PM To: Minutes and Records Cc: beard I Subject: RE: Request for Legal Advertising - Buckley PUD Close Out - November 10, 2020 BCC Meeting M&R: This ad should be run on Wednesday 10/21, in the normal classified/legal section. Thanks, Wanda Rodriguez, MCP, CT.M Office of the County Attorney (239) 252-8400 From: BeardLaurie<Laurie.Beard@colliercountyfl.gov> Sent: Monday, October 5, 2020 3:09 PM To: MinutesandRecords@collierclerk.com Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Subject: Request for Legal Advertising- Buckley PUD Close Out- November 10, 2020 BCC Meeting Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie.Beard@CollierCountyFL.gov Phone: (239)-252-5782 4COLUB `,cow VJ SINCE000 �M 1 1 7 F NDN Acct #323297 October 7, 2020 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20200001363 — Buckley Mixed Use PUD Closeout Dear Legals: Please advertise the above referenced notice, (Must run in the classified section of the newspaper, on Wednesday, October 21, 2020, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #45002005973 17F NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on November 10, 2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S)AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER l7F By: Teresa Cannon, Deputy Clerk(SEAL) 17F Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, October 9, 2020 12:26 PM To: Naples Daily News Legals Subject: PL20200001363 - Buckley MPUD Attachments: PL20200001363 (BCC 11-10-20).doc; PL20200001363 (BCC 11-10-20).doc Legals, Please advertise the attached Legal Notice (In the Classified Section) on Wednesday, October 21, 2020. Thanks Teresa Cannon BMR Senior Clerk II ern{«<*, Office: 239-252-8411 �.•�� �`�•� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 I 7 F Teresa L. Cannon From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com> Sent: Friday, October 9, 2020 3:13 PM To: Teresa L. Cannon Subject: RE:4416429 PL20200001363 - Buckley MPUD Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Teresa, Attached is an order confirmation and proof for your review.The ad is scheduled to run in the Naples Daily News on October 21, 2020.The cost is$532.00. Any changes are needed by 12:00 pm EST on October 20th. Thank you, Derek Lindberg Public Notice Representative &o� LOCALIQ Office:844-254-5287 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent: Friday, October 9, 2020 11:26 AM To: NDN-Legals<legals@naplesnews.com> Subject:4416429 PL20200001363 - Buckley MPUD Legals, Please advertise the attached Legal Notice (In the Classified Section) on Wednesday, October 21, 2020. Thanks Teresa Cannon BMR Senior Clerk II Office: 239-252-8411 r4! Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County may, : 3299 Tamiami Trail E,Suite#401 k<<M-scs. " Naples, FL 34112-5746 www.CollierClerk.com Please visit us on the web at http://protect-us.mimecast.com/s/YDaTCDkZy9CBAK6Y1tAgNOc?domain=collierclerk.com 1 I 7 F 4 .'apirs BatIll News PART OF THE USA TODAY NETWORK BCC ENGINEERING ENVI 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303805 0004416429 $532.00 $0.00 $532.00 Invoice $0.00 $532.00 Sales Rep: dlindberg Order Taker: dlindberg Order Created 10/09/2020 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 152 10/21/2020 10/21/2020 NDN-naplesnews.com 1 2.00 152 10/21/2020 10/21/2020 ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 10/09/2020 1 7 F NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on November 10,2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will con- sider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVEL- OPMENT ORDER(S)AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAIN- ING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L.SAUNDERS,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon, Deputy Clerk(SEAL) Oct 21,2020# Teresa L. Cannon r From: Teresa L. Cannon Sent: Monday, October 12, 2020 8:07 AM To: RodriguezWanda; BradleyNancy; CasanovaAlexandra; beard_I Subject: FW: 4416429 PL20200001363 - Buckley MPUD Attachments: OrderConf.pdf Please review - PL20200001363 Teresa Cannon BMR Senior Clerk II ttit1T tYHkr Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com 5 = Office of the Clerk of the Circuit Court &Comptroller of Collier County rr$, �r 3299 Tamiami Trail E, Suite#401 toKst-, `` Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Friday, October 9, 2020 3:13 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 4416429 PL20200001363 - Buckley MPUD External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Teresa, Attached is an order confirmation and proof for your review. The ad is scheduled to run in the Naples Daily News on October 21, 2020. The cost is$532.00. Any changes are needed by 12:00 pm EST on October 20th. Thank you, Derek Lindberg Public Notice Representative 1111/NETWORKy LOCALIQ Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Friday, October 9, 2020 11:26 AM To: NDN-Legals<legals@naplesnews.com> Subject:4416429 PL20200001363 - Buckley MPUD 1 17 F Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, October 12, 2020 8:27 AM To: Minutes and Records Cc: beard_I; CasanovaAlexandra Subject: re:4416429 PL20200001363 - Buckley MPUD Attachments: OrderConf.pdf; Request for Legal Advertising - Buckley PUD Close Out - November 10, 2020 BCC Meeting Good morning Teresa, The ad proof is incorrect. Please use the ad template as provided by Laurie in her original request (attached), as there were some modifications made to it for this specific resolution. Thanks, Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Monday, October 12, 2020 8:07 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; AlexandraCasanovaVEN <Alexandra.Casanova@colliercountyfl.gov>; BeardLaurie <Laurie.Beard@colliercountyfl.gov> Subject: FW: 4416429 PL20200001363 - Buckley MPUD EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please review - PL20200001363 Teresa Cannon BMR Senior Clerk II �tiaT ea,4, Office: 239-252-8411 4`' Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com = Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 < Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Friday, October 9, 2020 3:13 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: 4416429 PL20200001363 - Buckley MPUD 1 i f F Teresa L. Cannon To: Gannett Legals Public Notices Subject: RE:4416429 PL20200001363 - Buckley MPUD Attachments: PL20200001363 (BCC 11-10-20).doc Legals, The notice is wrong, can you replace it with the one attached? Thank you Teresa Cannon BMR Senior Clerk II tvn'�'ouq Office: 239-252-8411 l'r6/ Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County `0 3299 Tamiami Trail E,Suite#401 (<„Is.r'?.`1 Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Friday,October 9, 2020 3:13 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE:4416429 PL20200001363 - Buckley MPUD External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hi Teresa, Attached is an order confirmation and proof for your review.The ad is scheduled to run in the Naples Daily News on October 21, 2020.The cost is$532.00. Any changes are needed by 12:00 pm EST on October 20th. Thank you, Derek Lindberg Public Notice Representative �NETWORKY LOCALiO Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Friday,October 9, 2020 11:26 AM To: NDN-Legals<legals@naplesnews.com> Subject:4416429 PL20200001363 - Buckley MPUD 1 I7F NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 a.m. on November 10, 2020, in the Board of County Commissioners Chambers, Third Floor, Collier Government Center,3299 East Tamiami Trail,Naples FL,to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S)AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. [PL20200001363] The PUD is located in Collier County, Florida at the Northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive,in Section 2,Township 49 South,Range 25 East,consisting of 21.7+acres. All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS,CHAIRMAN I7F CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) 17F Teresa L. Cannon From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com> Sent: Monday, October 12, 2020 10:07 AM To: Teresa L. Cannon Subject: RE:4416429 PL20200001363 - Buckley MPUD Attachments: OrderConf.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hi Teresa, I've added that space and have attached a new proof for your review.The price went up to$574.00 with the additional space. Thank you, Derek Lindberg Public Notice Representative •seTzs.K"' LOCAL1Q Office:844-254-5287 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent: Monday, October 12, 2020 8:40 AM To: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject: RE:4416429 PL20200001363 - Buckley MPUD Can you put a space between the first and second paragraph? Thanks Teresa Cannon BMR Senior Clerk II 00•c,<<�+k Office: 239-252-8411 hKKK Fax: 239-252-8408 F�� Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County CC: 3299 Tamiami Trail E, Suite#401 `kl(N1 O'''. Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Monday, October 12, 2020 9:37 AM 1 ?'ap1rEi 1 7 F PART OF THE USA TODAY NETWORK BCC ENGINEERING ENVI 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303805 0004416429 $574.00 $0.00 $574.00 Invoice $0.00 $574.00 Sales Rep: dlindberg Order Taker: dlindberg Order Created 10/09/2020 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 164 10/21/2020 10/21/2020 NDN-naplesnews.com 1 2.00 164 10/21/2020 10/21/2020 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 1 7 F Text of Ad: 10/09/2020 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 a.m. on November 10, 2020, in the Board of County Commissioners Chambers, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVEL- OPMENT ORDER(S)AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAIN- ING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. [PL20200001363] The PUD is located in Collier County, Florida at the Northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East,consisting of 21.7+acres. All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L.SAUNDERS,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) Oct 21,2020#4416429 17 F Teresa L. Cannon From: Teresa L. Cannon Sent: Monday, October 12, 2020 10:12 AM To: RodriguezWanda; BradleyNancy; beard_I; CasanovaAlexandra Subject: FW:4416429 PL20200001363 - Buckley MPUD Attachments: OrderConf.pdf Please review revised proof - PL20200001363 Teresa Cannon BMR Senior Clerk II t7 i ca kr Office: 239-252-8411 ��•�` Fax: 239-252-8408 Teresa.Cannon(ECollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County cs^ 3299 Tamiami Trail E, Suite#401 .o`k(orst- ''`• Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Monday, October 12, 2020 10:07 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: 4416429 PL20200001363 - Buckley MPUD External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hi Teresa, I've added that space and have attached a new proof for your review.The price went up to $574.00 with the additional space. Thank you, Derek Lindberg Public Notice Representative NUSAgnraKAY LOCALIQ Office:844-254-5287 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent: Monday, October 12, 2020 8:40 AM 1 17 F Teresa L. Cannon From: BeardLaurie <Laurie.Beard@colliercountyfl.gov> Sent: Tuesday, October 13, 2020 7:04 AM To: RodriguezWanda; Teresa L. Cannon Subject: FW:4416429 PL20200001363 - Buckley MPUD Proof of the NDN ad is good per the applicant and I. Please proceed with advertising. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie.Beard@CollierCountyFL.gov Phone: (239)-252-5782 ER COWRY V SINCE p 4.- From: Mike Hueniken <Mike.Hueniken@PulteGroup.com> Sent: Monday, October 12, 2020 10:05 PM To: BeardLaurie <Laurie.Beard@colliercountyfl.gov> Cc: Lindsay Robin <Lindsay.Robin@waldropengineering.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:4416429 PL20200001363 - Buckley MPUD EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Laurie— I reviewed the legal ad and it looks fine, please proceed. Thanks for processing all of the paperwork relating to the closeout, I'll forward to check to your attention within the next week. Mike 1 ? F Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, October 13, 2020 8:06 AM To: Minutes and Records Cc: beard_I Subject: proof approval:4416429 PL20200001363 - Buckley MPUD closeout Attachments: RE:4416429 PL20200001363 - Buckley MPUD; RE:4416429 PL20200001363 - Buckley MPUD; OrderConf.pdf Teresa, Attorney approval is below, and staff and applicant approval is attached. Thank you, Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Monday, October 12, 2020 10:55 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: proof for approval: 4416429 PL20200001363 - Buckley MPUD closeout Approved. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, October 12, 2020 10:21 AM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: proof for approval: 4416429 PL20200001363- Buckley MPUD closeout Jeff, For your approval. Title in proof matches the resolution. Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8123 From: RodriguezWanda Sent: Monday, October 12, 2020 10:18 AM To: BeardLaurie<Laurie.Beard@colliercountyfl.gov> Subject: re: 4416429 PL20200001363 - Buckley MPUD 1 t7F Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, October 13, 2020 8:10 AM To: 'Gannett Legals Public Notices' Subject: RE: 4416429 PL20200001363 - Buckley MPUD Legals, Revised proof for Ad #4416429 looks good, OK to run! Teresa Cannon BMR Senior Clerk II ociet Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com 5 Office of the Clerk of the Circuit Court &Comptroller of Collier County f;Y, ,� 3299 Tamiami Trail E,Suite#401 Hk<+it O.*", Naples, FL 34112-5746 www.CollierClerk.com From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Sent: Monday, October 12, 2020 10:07 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 4416429 PL20200001363 - Buckley MPUD External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Teresa, I've added that space and have attached a new proof for your review.The price went up to $574.00 with the additional space. Thank you, Derek Lindberg Public Notice Representative •NEB'K LOCALIO Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Monday, October 12, 2020 8:40 AM 1 10/21/2020 • Public Notices " " Public Notices 1 7 F NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 a.m. on November 10, 2020, in the Board of County Commissioners Chambers, Third Floor, Collier Government Center, 3299 East Tamiarni Trail, Naples FL,to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVEL- OPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAIN- ING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. [PL20200001363] The PUD is located in Collier County, Florida at the Northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East,consisting of 21.7+acres. All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig rcolliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tarniami Trail East, Suite 101, Naples, FL 34 1 1 2-5 3 56, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L.SAUNDERS,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) Oct 21,2020#4416429 1/2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingjlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Jeff Klatzkow, County Attorney County Attorney Office jktVq-)<41 . 4. BCC Office Board of County $3 r-�� Commissioners U (4/6 C 1• I • Oti 5. Minutes and Records Clerk of Court's Office 1 / ' J ^�Vw lids 2ao 1o:40 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Laurie Beard Phone Number 252-5782 Contact/ Department Agenda Date Item was 11/10/20 Agenda Item Number 17F Approved by the BCC Type of Document Resolution&Agre met Number of Original 1 of each Attached aQ� ¢ Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? LB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed LB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/10/20(enter date)and all changes LB Als'AZT made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the air` N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ,T``\ an option for Chairman's signature. gliiiine • I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise 2.24.i ;Rev sed 11/30/12 17F Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, November 18, 2020 2:01 PM To: beard I Subject: Resolution 2020-209 &Close-out Agreement Attachments: Resolution 2020-209.pdf Hi Laurie, Attached for your records is a copy of the referenced. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk tvo i Of 4, Office: 239-252-7240 '�, Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com i 17F RESOLUTION NO. 2020 - 2 0 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. WHEREAS, it is in the mutual interests of the Buckley Mixed Use Planned Unit Development and Collier County to close out the Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Development and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, the Planned Unit Development has explicitly complied with each and every developer commitment except for one remaining transportation commitment - a fair share contribution toward intersection improvements at Airport-Pulling Road and Orange Blossom Drive. The Buckley MPUD Close-Out Agreement provides for said fair share contribution in the amount of $16,518.00 to be made within ten business days of the Board of County Commissioners' approval of the agreement; and WHEREAS, LDC Section 10.02.13.F.5 requires that a release of PUD commitments determined to be no longer necessary be approved by the Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Buckley Mixed Use Planned Unit Development within Collier County is found to be "built-out" and therefore is deemed "closed out" for purposes of the Land Development Code, Section 10.02.13.F. BE IT FURTHER RESOLVED that the one remaining transportation commitment relating to a fair share contribution toward intersection improvements will be deemed as fulfilled upon receipt of the payment of$16,518 as agreed to in the Buckley MPUD Close-Out Agreement. pArSOLUTION ADOPTED after motion, second and majority vote favoring same this 1ay,9,f A\e� r b e,r c.)., , 2020. .. • , ''. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINL LE Clerk COLLIER UNTY, FLORIDA B frZ-t �`�t....._' By: Attes as , ,.aepu 1 Clerje B L. SAUNDERS, CHAIRMAN Signature e ,', l i Approve• � orm and 1 gality: Item# 411,i Agenda It. Date (`to1 � Jeffrey A , la' .g. , County Attorney i Reed 1 `� i Date 1 Deputy Clerk 17F CLOSE-OUT AGREEMENT Buckley MPUD THIS AGREEMENT(hereinafter referred to as the"Agreement")is made and entered into this \64^ of-(cap e,,,,bex 2020, by and among Pulte Home Company, LLC, a Michigan limited liability company,'whose address is 24311 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134 (hereinafter referred to as"Pulte"), on the one hand, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), on the other. RECITALS: WHEREAS, on June 10, 2014, Collier County enacted Ordinance 14-24, creating the Buckley Mixed Use Planned Unit Development (hereinafter referred to as the Buckley MPUD); and WHEREAS,the Buckley MPUD was subsequently amended by Ordinance Nos. 16-10 and 17-43; and WHEREAS, the Buckley MPUD was approved for 239 residential dwelling units or 162,750 square feet of limited commercial uses or a limited combination of both; and WHEREAS, the Buckley MPUD contained the following Developer Commitment: "The owner shall pay fair share costs of the intersection improvements at Airport Pulling Rd. and Orange Blossom Dr.based on the current intersection improvement study. The current intersection study is projected to be completed in calendar year 2016 at which time the proportionate share calculations will be determined. If the study is not complete at time of the first development order(Site Development Plan or Plat) the owner shall provide a bond not to exceed $50,000.00 prior to the issuance of the first Certificate of Occupancy for the development, which shall be released when the owner pays its fair share of the costs of the intersection improvements."; and WHEREAS, by Special Warranty Deed dated May 20, 2016, Pulte acquired ownership of the Buckley MPUD; and WHEREAS, Pulte warrants and represents to the County that it is currently the sole holder of all Development Rights,both residential and commercial, arising from the Buckley MPUD; and WHEREAS, Pulte has completed construction and development of the Buckley MPUD, and is going through the County's close-out process; and WHEREAS, the last remaining Developer Commitment for the Buckley MPUD is the Developer's fair share for the intersection improvement referenced above; and INSTR 5958905 OR 5849 PG 1409 RECORDED 11/23/2020 4:43 PM PAGES 4 1 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 17F WHEREAS, the parties have agreed that the owner's fair share costs for the intersection improvements set forth above is $16,518.00, which is calculated from the 82 residential units that were built within the Buckley PUD; and WHEREAS, as part of the close-out of this commitment, Pulte agrees on behalf of itself and all assigns and successors in interest to waive the remaining Development Rights granted in the Buckley MPUD. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars (10.00)and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Pulte shall pay the County the sum of$16,518.00 within 10 business days from the Board of County Commissioners' approval of this agreement. Upon receipt of such payment, the fair share intersection improvement commitment shall be deemed fully satisfied. 3. Concurrent with the issuance of payment, all further Development Rights in the Buckley MPUD shall be considered abandoned and extinguished. Legal Matters 4. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns and successors in interest to the parties to this Agreement, including homeowner associations. 5. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 6. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County's receipt of payment. The recording of this Agreement shall be deemed proof of the County's receipt and acceptance of payment. The County shall provide a copy of the recorded document to Pulte upon request. 7. In the event of any dispute under this Agreement,the parties shall attempt to resolve such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 2 17F 8. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. 9. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 3 17F IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST,:• BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZFE, Clerk COLLIER COUNTY, FLORIDA By: 1,.. By: f ` •- ' Attest as to Chairman's Depu Cle Burt L. Saunders, Chairman signature lily. Appro ed 't ,forza sud legality: Jeffre K w, County Attorney AS TO PUL : Pulte Home Company, LLC ,40 V . - ._� W By: i Olaf C ' inted Name: op./yr.'�,7it.0{9 Printed Name: Mi hael Hueniken Title: Vice President of Land Development, Southwest Florida ( • ) rinted Name: Nmit gfiSTpN STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or [ ] online notarization, this �'n^ day of °CAW, 2020, by Michael ueniken, as Vice President Land Development (Southwest Florida) of Pulte Home Company, LLC. He/she is K personally known to me, or [ ] has produced driver's license number as identification. 'o"" JESSICA K LINN NOT Y��1=T 4C *�+'�*=State m Florida-Notary Public K . Linn :;Al rac Commission # GIG 170813 Name: ''fi�nn_- •,;',tF` ,� My Commission Expires f„'If/�/� April 16, 2022 My Commission Expires: 0 11(f 4