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Agenda 10/26/2021 Item #17D (Ordinance - Creekside Commerce Park CPUD)17.D 10/26/2021 This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by adding up to 300 multi -family rental dwelling units as a permitted use in the business district; adding residential development standards including a maximum height of 100 feet; and by amending the master plan and by providing an effective date. The subject multi -family property is in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road, consisting of 28.85f acres and the CPUD is located south of Immokalee Road and both east and west of Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (Companion to item 17E) OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Creekside Commerce Park Planned Unit Development (PUD) was originally approved in Ordinance Number 97-51 on October 21, 1997. There was a subsequent ordinance, Ordinance Number 06-41, which was repealed along with Ordinance Number 97-51 with the adoption of Ordinance Number: 06-50 on October 24, 2006. There have been three amendments to Ordinance Number 06-50 since, Ordinance numbers 13-23, 16-05, 16-32, and 18-19. The petitioner is proposing to amend the eastern portion of the Creekside Commerce Park CPUD, in the Business (B) district, to add 300 multi -family dwelling units on 9.9± acres on the east side of Goodlette- Frank Road. A companion small-scale Growth Management Plan amendment (PL 20190002849) is also proposed, the Creekside Commerce Park East Mixed -Use Subdistrict, to authorize the proposed multi- family dwelling units at this location. The petitioner is now proposing the following changes with this amendment: • Add 300 multi -family dwelling units to the Business district; • Add multi -family residential development standards; • Add a parking structure to support the dwelling units on Tract 9; and • A landscape deviation to allow for no landscape buffer between the proposed residential development and the existing commercial development. The Master Plan has been revised to show the location of the proposed residential area within the proposed Mixed -Use Subdistrict area. For further information, see Attachment A -Proposed PUD Ordinance. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Amendment is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not Packet Pg. 1903 17.D 10/26/2021 included in the criteria used by staff and the Planning Commission to analyze this petition. GRO H MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDR and upon adoption of the small-scale Growth Management Plan amendment (PL 20190002849) the subject petition can be found consistent with the Future Land Use Element (FLUE) of the GMP. COLLIER COUNTY PLANNING CO SSION (CCPC) RECO NDATION: The CCPC heard Petition PUDA-PL20190002850, Creekside Commerce Park CPUD on September 16, 2021, and voted 6-0 to forward this petition to the Board with a recommendation of approval. LEGAL CONSIDERATIONS: This is an amendment to the existing Creekside Commerce Park Commercial Planned Unit Development (Ordinance No. 2006-50, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map, and the elements of the Growth Management Plan? 10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD Amendment result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Packet Pg. 1904 10/26/2021 17.D 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD Amendment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA-PL20190002850, Creekside Commerce Park CPUD, subject to the approval of the companion GMPA. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. STAFF REPORT Creekside 8-25-21 (PDF) 2. [Linked] Attachment A -Ordinance - 09-16-21A (PDF) 3. Attachment B-Letters of Support (PDF) 4. [Linked] Attachment C-Application (PDF) 5. CCPC-BCC Hybrid Meeting Waiver (PDF) Packet Pg. 1905 17.D 10/26/2021 6. legal ad - agenda IDs 20117 & 20137 (PDF) Packet Pg. 1906 17.D 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doe ID: 20117 Item Summary: Zoning Petition - PL20190002850, Creekside PUDA - This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by adding up to 300 multi -family rental dwelling units as a permitted use in the business district; adding residential development standards including a maximum height of 100 feet; and by amending the master plan and by providing an effective date. The subject multi -family property is in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road, consisting of 28.85f acres and the CPUD is located south of Immokalee Road and both east and west of Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (Companion to item 17E) Meeting Date: 10/26/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 09/17/2021 2:08 PM Submitted by: Title: — Zoning Name: Mike Bosi 09/17/2021 2:08 PM Approved By: Review: Zoning Growth Management Department Zoning Growth Management Department Growth Management Department County Attorney's Office County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Ray Bellows Additional Reviewer Lissett DeLaRosa Growth Management Department Mike Bosi Zoning Director Review James C French Growth Management Trinity Scott Transportation Heidi Ashton-Cicko Level 2 Attorney of Record Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 09/17/2021 5:38 PM Completed 09/20/2021 8:29 AM Completed 09/27/2021 10:48 AM Completed 09/27/2021 8:45 PM Skipped 09/28/2021 10:35 AM Completed 10/13/2021 4:29 PM Completed 10/13/2021 4:39 PM Completed 10/14/2021 8:41 AM Completed 10/14/2021 9:30 AM Completed 10/20/2021 2:45 PM 10/26/2021 9:00 AM Packet Pg. 1907 17.D.a Coibe' r County �- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: SEPTEMBER 16, 2021 SUBJECT: PUDA-PL20190002850, CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), COMPANION TO PL20190002849, CREEKSIDE COMMERCE PARK GROWTH MANAGEMENT PLAN AMENDMENT (GMPA) APPLICANT: Creekside East, Inc 2600 Golden Gate Parkway Naples, FL 34105 AGENTS: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by adding up to 300 multi -family rental dwelling units as a permitted use in the business district; adding residential development standards including a maximum height of 100 feet; and by amending the Master Plan. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 1 of 14 Packet Pg. 1908 17.D.a wo k Y r� Z W F - Q6 10 III - -� Goodti£#te-frank �tL1 h1 E 9 M 1U1 iwe!u e-L N 1_ 8 - rz W r � CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 Page 2 of 14 CL ca •0 M August 25, 2021 Packet Pg. 1909 17.D.a una e,asn �rnca3xa°° �:•� � �aoulll$as:] m..��w��� LZOZIVWSO 173SIAAH I'll Mj)rpm 801SY49VJ F w ° w Or V * w w M a LLw uoNo� mvmQQQQ¢ to aoo5a?�IgN Nil ii it it p < 4 fiiN m°,a� 9 q+ �OC� O) fr'{4i� N Ol rl m �j a 01 f< N ei' 01 V '� a ui u�i fA a9�uo�F �$ I�yy' ¢gv u �� II II II II II II II -H II y y� w� H Emu 2� V fW/3 3� 3�3 Hns =F s� ❑ Q i I —, �_, _ ._� qua m =�'i a ._ 0-0 N a 9 j Fe W� ESN w Ln aY X a : e� m��°D aOf ga m a ❑ I I I I I �+ a w° CDE BLYO REEKSI 1i py v, Ems m E UU LJ U U U iw • y - ra, - ` 1 �8N a8U b= E9 ��caM =e m� �11 .7 jI v� E J`n. av r � ul o fill li01 o o p C REE l%S 6E STREET � ~ '-- ` — — S].�1LY"�..—__ 6REEKSIDE TR. w E L n vi I^ - F IJu u °it P ua Q_ L Nr IL cn J `� - ��1 0 Z O ARTHREX BOULEVARD i i UUUUUU 7. — fill CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 3 of 14 Packet Pg. 1910 17.D.a GEOG APHIC LOCATION: The subject multi -family property is in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road, consisting of 28.85± acres, and the CPUD is located south of Immokalee Road and both east and west of Goodlette-Frank Road (CR 851) in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (Please see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Creekside Commerce Park Planned Unit Development (PUD) was originally approved in Ordinance Number 97-51 on October 21, 1997. There was a subsequent ordinance, Ordinance Number 06-41, which was repealed along with Ordinance Number 97-51 with the adoption of Ordinance Number: 06-50 on October 24, 2006. There have been three amendments to Ordinance Number 06-50 since, Ordinance numbers 13-23, 16-05, 16-32, and 18-19. The petitioner is proposing to amend the eastern portion of the Creekside Commerce Park CPUD, in the Business (B) district, to add 300 multi -family dwelling units on 9.9± acres on the east side of Goodlette-Frank Road. A companion small-scale Growth Management Plan amendment (PL 20190002849) is also proposed, the Creekside Commerce Park East Mixed -Use Subdistrict, to authorize the proposed multi -family dwelling units at this location. The petitioner is now proposing the following changes with this amendment: • Add 300 multi -family dwelling units to the Business district; • Add multi -family residential development standards; • Add a parking structure to support the dwelling units on Tract 9; and • A landscape deviation to allow for no landscape buffer between the proposed residential development and the existing commercial development. The Master Plan has been revised to show the location of the proposed residential area within the proposed Mixed -Use Subdistrict area. For further information, see Attachment A -Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: Immokalee Road, then (Collier's Reserve), 506± acres of mixed -use: 61.4± acres commercial, 385 residential units, with a zoning designation of Collier Tract 22 PUD; and a 61± acre professional center (North Collier Hospital), with a zoning designation of Collier Health Center PUD East: Collier County Utilities Division Water Plant, with a zoning designation of Industrial; a 17.74± acre commercial and medical park, with a zoning designation of Southwest Professional Health Park PUD South: Collier County Utilities Division Water Plant, with a zoning designation of Industrial; and 2,104± acres of mixed -use: 80± acres commercial/industrial, 8,600 residential units, 4.26 CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 4 of 14 Packet Pg. 1911 17.D.a units per acre, with a zoning designation of Pelican Marsh DRI (Development of Regional Impact) West: 35.24± acre Business Park, with a zoning designation of The Naples Daily News BPUD (Business Park PUD) AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment. and has found it consistent with the Future Land Use Element (FLUE) of the GMP. The subject site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict. The site is zoned Creekside Commerce Park CPUD. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 5 of 14 Packet Pg. 1912 17.D.a Transportation Element: In evaluating this project, staff reviewed the applicant's June 18, 2020, TIS and revised PUD Document for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP. Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal o to or exceeds 2% of the adopted LOS standard service volume; and N T N c. For all other links the project traffic is considered to be significant up to the point where N it is equal to or exceeds 3% of the adopted LOS standard service volume. O0 a� Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's v significant impacts on all roadways. " Staff finding: According to the TIS and revised PUD document the proposed change will allow up to 300 multi -family residential units within the Creekside Commerce Park development. The TIS for this request includes scenarios for both the currently approved PUD uses and those proposed with this amendment request. The scenarios indicate that there will be no net increase or decrease in the number of trips generated by this development. Staff further notes that the current trip cap in section 2.16.L of the PUD document is not changing, thereby retaining the same maximum number of trips allowed by this development. Based on the TIS and the revised PUD, the subject petition request can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because no additional traffic impacts are resulting from the proposed changes. Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the CCME. The proposed changes do not affect any of the environmental requirements of the GMP. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 6 of 14 Packet Pg. 1913 17.D.a GMP Conclusion: The subject PUD amendment petition may only be deemed consistent with the FLUE of the GMP if the companion PL20190002849/CPSS-20-4 Creekside Commerce Park GMPA is approved. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD document (Ordinance 06-50). A minimum of 7 acres of native vegetation has been placed under preservation and dedicated to Collier County (PB 54, Pages 84 - 86). This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water service area and the north wastewater service area of the Collier County Water -Sewer District (CCWSD). The PUD already receives potable water and wastewater services from the CCWSD, and existing utility infrastructure is readily available for further development of Tracts 8 and 9. Adequate downstream wastewater system capacity must be confirmed at the time of development permit (SDP or PPL) review through a thorough engineering analysis, which will be discussed at a mandatory pre -submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water -Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the Collier County Water -Sewer District at no cost to the County at the time of utility acceptance. School Board Review: At this time, there is existing or planned capacity within the next five years for the proposed development at the elementary, middle, and high school levels. At the time of Site CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 7 of 14 Packet Pg. 1914 17.D.a Development Plan (SDP) or Plans and Plat (PPL), the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or in adjacent concurrency service areas. Landscape Review: Landscape staff has reviewed the petition, the PUD Document, and the Master Plan and is recommending approval. Zoning and Land Development Review: The Creekside Commerce Park CPUD is an established commerce park, which has been substantially developed and approved for 709,100 square feet of industrial/commercial uses, 269,000 square feet of business district uses, a 400 bed assisted living facility, and 349 hotel rooms. The amendment to the Creekside Commerce Park CPUD proposes to add 300 multi -family dwelling units to the Business (B) District within the PUD. The proposed additional 300 units will be located on the east side of Goodlette-Frank Road on Tract 8 and a related proposed parking structure will be located on Tract 9. (Refer to Master Plan on page 3 of this Staff Report.) Development of the multifamily dwellings will be similar to most of the previously approved PUD Development Standards. The proposed zoned building height of 95 feet and actual height of 122 feet is within the range of the previously approved heights of 75 and 85 feet for non-residential development in the Business District and 104 and 122 feet for the recently constructed hotel across the street and west of Goodlette-Frank Road. The Conceptual Master Plan has been revised to show the location of the proposed Mixed -use District and to note the proposed landscape buffer deviation. Zoning staff finds the proposed multi -family residential and proposed landscape deviation to be compatible with the existing Commercial/Industrial District and Business District land uses and intensities. For further information regarding the landscape deviation, please see the Deviation section of this Staff Report. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 8 of 14 Packet Pg. 1915 17.D.a 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP upon adoption of the companion GMPA. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential, commercial, industrial, and institutional lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a CPUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed amendment N LO necessary. C� 00 The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add multi -family residences. as 6. Whether the proposed change will adversely influence living conditions in the v neighborhood. Staff is of the opinion that the proposed PUD Amendment can be deemed consistent with the County's land -use policies upon adoption of the companion GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure will continue to have adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of each development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 9 of 14 Packet Pg. 1916 17.D.a 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already mostly developed. The basic premise underlying all of c the development standards in the Land Development Code is that their sound application, when N combined with the site development plan approval process and/or subdivision process, gives N reasonable assurance that a change in zoning will not result in deterrence to improvement or N development of the adjacent property. Therefore, the proposed zoning change should not be a O0 deterrent to the improvement of adjacent properties. a� N Y N 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. v The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The proposed amendment meets the intent of the PUD district, and the public interest will be maintained. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 10 of 14 Packet Pg. 1917 17.D.a 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services N consistent with the levels of service adopted in the Collier County GMP and as defined and N implemented through the Collier County adequate public facilities ordinance. O0 as The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is v responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has o concluded that no Level of Service will be adversely impacted. a 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria." CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 11 of 14 Packet Pg. 1918 17.D.a 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Creekside Commerce Park PUD is an established business park that has been developed with a variety of light industrial, commercial, and office uses. The proposed multi -family residential use is compatible with the existing development within the Creekside Commerce Park. The PUD already receives potable water and wastewater services from the CCWSD, and there are adequate water and wastewater treatment capacities available for future development as proposed by this petition. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies o of the GMP. N T N County staff has reviewed this petition and has found this petition consistent with the overall GMP N upon adoption of the companion GMPA. O0 as 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening v requirements. The currently approved development, landscaping, and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself at the time the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed residential land use along with the proposed deviation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 12 of 14 Packet Pg. 1919 17.D.a The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Pursuant to Sec. 134-57(a) of the Collier County Code of Ordinances, availability of potable water and wastewater services must be verified in writing by the CCWSD prior to submittal of construction documents. No public utility facility adequacy issues are anticipated at this time. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and o deviations proposed for this PUD depart from development standards that would be required for the N most similar conventional zoning district. N In N The petitioner is seeking one new deviation to allow design flexibility in compliance with the O0 purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a v detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations."0�, Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. DEVIATION DISCUSSION: The petitioner is seeking one new deviation from the requirements of the LDC. The deviation is found in PUD Section 4.5 "Development Deviations." The deviation location is depicted on the Master Plan. The petitioner's rationale and staff analysis/recommendation are outlined below. Deviation #4: (New Deviation in Section 4.5.4. applies to B District only): Deviation #4 seeks relief from LDC Section 4.06.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6, RMF-12, RMF-16) multifamily district/use adjacent to Commercial 3 (C-1, C-2, C-3, C-4, C-5); Business Park (BP) district/use to CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 13 of 14 Packet Pg. 1920 17.D.a provide a 15' wide type `B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the North and a shared 15-foot wide type `B' buffer with the institutional use located to the South. Petitioner's Justification: Tract 8 within the Creekside PUD is proposed to have a residential development option, making this portion of the PUD to be a mixed -use project which is intended to have a more urban form. A portion of Tract 8 has been developed with retail and office uses and the proposed residential units will have the ability to share internal infrastructure such as parking and drive aisles with the retail facility. This form of development is not unlike that found at Mercato where residential buildings and non- residential uses are located adjacent to each other. The projects share the same parent ownership and will share infrastructure within the PUD. The future residents will be provided notice as part of their unit lease that they will be living in a mixed -use area and will be subject to commercial uses and noise associated with such use. Staff Analysis and Recommendation: c 0 Zoning and Land Development Review staff recommend Approval, conditioned on Tract 8 being c developed as a unified site development plan, finding that, in compliance with LDC Section N 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental a effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at N least equivalent to the literal application of such regulations." T N LO NEIGHBORHOOD INFORMATION MEETING (NIM): N 00 0 The applicant scheduled a NIM on January 6, 2021, at Saint Monica's Episcopal Church located at y 7070 Immokalee Road, Naples, Florida. There were no attendees. Two letters supporting the petition have been received, one from Arthrex and the other from Naples Community Hospital. v Please see Attachment B-Letters of Support. I-- COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on August 16, 2021 RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20190002850, Creekside Commerce Park PUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA petition PL20190002849/CPSS-20-4, Creekside Commerce Park GMPA. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Letters of Support Attachment C: Application CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 25, 2021 Page 14 of 14 Packet Pg. 1921 17.D.c Reinhold Schrnieding Pounder & President March 10, 2021 Collier County Board of Commissioners: Penny Taylor, District 4, Chair William L. McDaniel, Jr., District 5, Vice Chair Burt L. Saunders, Commissioner., District 3 Rick LoCastro, District 1 Andy Solis, Esq., District 2 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Re: Support for the Creekside Apartment Complex Dear Board of Commissioners: Arthrex continues to experience unprecedented growth and demand for our products throughout the world; however, we remain a privately held company with a family business culture committed to delivering uncompromising quality to the health care professionals who use our products, and'ultimately, the millions of patients whose lives we impact. We also take great pride in providing our team members with a professional and supportive work environment. Attracting world class talent will always be a challenge. Reasonably priced housing and rental opportunities have always been a big part of that challenge. As you are aware, Arthrex's corporate headquarters is in north Naples, Florida where visitors will find a vibrant atmosphere of rapid product innovation, medical research, and surgeon collaboration. The state-of- the-art campus houses corporate, wellness and hotel facilities, as well as Arthrex's premier Medical Education Center, which serves as an education destination for surgeons from around the world to learn about new products and techniques through hands-on surgical skills training programs. We have invested significantly in our campus at Creekside. Our commitment to this community has been unwavering. We applaud your support of Arthrex and the strides you have made to making Naples a world class community With all of that said, we are at a crossroads with growing our business and the lack of reasonably priced permanent and rental housing. The recent events related to the pandemic and shifting political environment has and will continue to drive housing prices and rents. To that end, Arthrex has once again partnered with Barron Collier Companies to secure priority access to units within the proposed Creekside apartment complex. We see this project as an opportunity to provide rental housing within walking distance to our world headquarters. We strongly encourage you support this project as it will most certainly assist us in offering our team members an affordable place to live. Sincerely, , Reinhold Schmieding Founder and President Arthrex, Inc. Arthrex Inc.1370 Creekside Boulevard, Naples, Florida 34108-1945 • Tel: 800-933-7001 or 239-643-5553 • Fax: 239-598-5521 • www. Packet Pg. 1922 17.D.c NCH Baker Downtown Hospital 350 Seventh Street N. Naples, FL 34102 (239) 624-5000 March 9, 2021 NCH Chairwoman Penny Taylor, District 4 Commissioner Board of Collier County Commissioners 3299 Tamiami Trail East Suite 303 Naples, FL 34112 Re: Creekside Apartment Complex Dear Chairwoman Penny Taylor, District 4 Commissioner: Healthcare System NCH North Naples Hospital 11190 Healthpark Blvd. Naples, FL 34110 (239) 624-5000 The NCH Healthcare System is one of the most progressive in the country. More than just a couple of hospitals, the NCH Healthcare System is an alliance of more than 700 independent physicians and medical facilities in dozens of locations throughout Collier County and southwest Florida. Not only do we offer advanced comprehensive care, we embrace new, effective ideas in medical care and healing. NCH Baker Hospital Downtown and NCH North Naples Hospital provide personalized care for over 40,500 patients a year in our two -hospital, 716 bed system. NCH's outstanding reputation is confirmed by The Joint Commission, in its award of accreditation to both NCH hospitals. We are one of Collier County's top employers and face the same challenges as other businesses do with respect to being able to attract a broad base of employees due to the lack of reasonably priced housing. We see a bright future here in southwest Florida. The demand for services and the corresponding demand for quality employees is expected to continue with the trend of rapid population growth in the area. Housing prices and rental opportunities are once again being challenged by this growth. We are happy to acknowledge that we are very supportive of the proposed Creekside apartment complex within walking distance of our NCH North Naples Hospital. The project will provide rental opportunities to existing and future NCH staff. Our relationship with Barron Collier Companies will allow us to have priority access to rental units as they become available. The proximity to our hospital and restaurant/retail in the area will make it an attractive place for future employees to live, work, and play within walking distance. Sincerely, Paul Hiltz, FACHE President and CEO CC William L. McDaniel, Jr., District 5, Vice Chair Rick LoCastro, District 1 Andy Solis, Esq., District 2 Burt L. Saunders, Esq., District 3 www.NCHmd.org I Packet Pg. 1923 17.D.e CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners For Petition Number(s): PL20190002849 and PL20190002850 Regarding the above subject petition number(s), Creekside East Inc. (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: David B. Genson as Sr. Vice Presi `pt f B_ rron Co i r anagement, LLC, as Authori d � ent Signature*: v ❑✓ Applicant ❑ Legal Counsel to Applicant Date: � t r,4- * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1924 A. ,gD1Q le 1�333^7 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Boardbf County Commissioners on October 26, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider the enactment of two County Ordinances. The meetingwill commence at 9:00 A.M. The titles of the proposed Ordinances are as follows:- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY, GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE CREEKSIDE COMMERCE PARK EAST MIXED -USE SUBDISTRICT BY CHANGING THE DESIGNATION OF PROPERTY FROM URBAN -MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN -MIXED USE DISTRICT, CREEKSIDE COMMERCE PARK EAST MIXED - USE SUBDISTRICT TO ALLOW 300 MULTI -FAMILY RENTAL DWELLING UNITS IN ADDITION TO NON-RESIDENTIAL USES: THE SUBJECT PROPERTY IS LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE FRANK ROAD -IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING. OF 9.9t ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL201900028491 AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING UP TO 300 MULTI -FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING A MAXIMUM HEIGHT OF 100 FEET, AND BY AMENDING THE MASTER PLAN. THE SUBJECT MULTI -FAMILY PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE FRANK ROAD, CONSISTING OF 28.85t ACRES AND THE CPUD IS LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING. AN EFFECTIVE DATE. [PL201900028501 " Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for Inspection. All Interested parties are invited to attendand be heard, - NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of ;the agenda Rem 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 Rem. 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 priorto 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 websfte which is 6 days before the meeting through the link provided on the front page of the County websfte at www colliemou!jjAxAov. Individuals who register will receive an email In advance of the public hearing detailing ho, ti they can participate remotely in this meeting. For additional informationabout the meeting, please call Geoffrey Wiliig at 252-8369 or email to Geoffrev Willia®colliercoun—W cov. Any person who decides to appeal any decision of the Board will need a record oftheproceedings 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 TamiamiTrail East, Suite 101, Naples, FL 34112-5356; (2391 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 PENNY TAYLOR, CHAIRMAN'f CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Teresa Cannon I Deputy Clerk (SEAL) � 1 NRGCIO]38758-�1 17.D.f Q- Q Packet Pg. 1925 ORDINANCE NO.2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING UP TO 300 MULTI -FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING A MAXIMUM HEIGHT OF 100 FEET; AND BY AMENDING THE MASTER PLAN. THE SUBJECT MULTI -FAMILY PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE FRANK ROAD, CONSISTING OF 28.85± ACRES AND THE CPUD IS LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002850] WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit Development (the "PUD"); and WHEREAS, on March 12, 2013, the Board of County Commissioners approved Ordinance Number 13-23, which amended the PUD; and WHEREAS, on March 22, 2016, the Board of County Commissioners approved Ordinance Number 16-05, which further amended the PUD; and WHEREAS, on October 25, 2016, the Board of County Commissioners approved Ordinance Number 16-32, which further amended the PUD; and WHEREAS, on April 24, 2018, the Board of County Commissioners approved Ordinance Number 18-19, which further amended the PUD; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD. [20-CPS-02009/ 1656955/ 11 108 Creekside Commerce Park CPUD 1 of 2 PL20190002850 9/16/21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as amended The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is hereby amended to read as follows: See Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 - becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK IN Deputy Clerk Approved as to form and legality: ypG 2` Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — CPUD Document [20-CPS-02009/ 1656955/ 11 108 Creekside Commerce Park CPUD 2 of 2 PL20190002850 9/16/21 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am Penny Taylor, Chairman EXHIBIT A CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway, Naples, FL 34105 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300, Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 3' Floor, Naples, Florida 34103 AMENDED MAY 2012 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 AMENDED AUGUST 2015, JULY 2016-an&iOCTOBER 2016 and JULY 2021 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Words struek *' pau .h are deleted; words underlined are added. PL20190002850 CPUD Amendment July 21, 2021 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right -Of -Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Benns, Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT SECTION IV BUSINESS DISTRICT SECTION V PRESERVE AREA EXHIBIT A AERIAL I A T PHOTOGRAPH, LOCATION A TION T iT A D OMITTED EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN EXHIBIT B-1 CROSS SECTIONS (ENLARGED) EXHIBIT C CONCEPTUAL BUILDING RENDERING Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment i July 21, 2021 3-1 4-1 5-1 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. The Creekside Commerce Park PUD is located within 1/4 mile of the North Collier Hospital. The 2016 petition request is to add 166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional square footage approved in the October 2016 Ordinance amendment will be medical related uses, and will be on Tracts that are within or partially within 1/4 mile of the North Collier Hospital property. The 2020 petition PL20190002850) request is to add 300 multi-familX rental units, which were authorized through the companion 2020 small-scale plan amendment (PL20190002849). 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban -Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban -Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the FLUE. Words struek through are deleted; words underlined are added. PL20190002850 CPUD Amendment ii July 21, 2021 8. Creekside Commerce Park is a master planned, deed -restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment iii July 21, 2021 SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment iv July 21, 2021 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89°45'21" East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89°45'21" East 150.19 feet; 4) South 89°48'33" East 716.81 feet; 5) North 05°34'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53" West 51.18 feet; thence North 23°55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21 °59'52" and being subtended by a chord which bears North 12°55'57" West 30.53 feet; thence North 05°00'53" West 31.56 feet; thence North 36°19'20" West 32.02 feet; thence North 56°04'35" West 3 5. 11 feet; thence North 80°39' 15" West 32.53 feet; thence North 88°39' 12" West 97.78 feet; thence North 86°04'40" West 45.79 feet; thence North 89°49'48" West 132.77 feet; thence North 69'40' 10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°59'26" West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79°49'59" West 45.93 feet; Words stpdek Mreffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-1 July 21, 2021 thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39°30' 16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of eempetind reverse curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70'46' 13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04' 14" and being subtended by a chord which bears South 82'35' 11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26' 19" and being subtended by a chord which bears South 84' 16' 14" West 37.52 feet to a point of eempetmd reverse curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25" West 18.36 feet; thence South 89°39' 19" West 71.63 feet; thence North 89°34'56" West 36.03 feet; thence South 86°06'41" West 42.94 feet; thence South 83°44' 16" West 26.23 feet; thence South 51'01' 13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39" West 34.64 feet; thence South 89°20' 14" West 101.06 feet; thence North 10'46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07" West 100.64 feet; thence South 89°20'53" West 503.78 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-2 July 21, 2021 being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43" East 1189.62 feet; thence leaving said line South 89°48'50" West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89045'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R'; THENCE RUN NORTH 02019'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. Words stpdek Mreffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-3 July 21, 2021 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-I I" of the FEMA flood insurance rate. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub -basins, as depicted within the Collier County Drainage Atlas (July, 1995). 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-4 July 21, 2021 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of residential and retail uses. Creekside Commerce Park shall establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. A Land Use Summary indicating approximate land use acreages is shown on the Master plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-1 July 21, 2021 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Words stpdek Mreffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-2 July 21, 2021 Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve an overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights -of -way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Words stpdek Mroffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-3 July 21, 2021 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all park rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. IOD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, Words stpdek Mreffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-4 July 21, 2021 water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights -of -ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Words stpdek Mroffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-5 July 21, 2021 2.14 ENVIRONMENTAL Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05.00 of the LDC. 2.15 UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. The owner shall convey to Collier County a County Utility Easement (CUE) no less than 15 feet in width for construction of an irrigation quality (IQ) main through the PUD west of Goodlette-Frank from the North County Water Reclamation Facility to the existing IQ main on Immokalee Road. The requested CUE shall be provided in a mutually agreeable location, deemed acceptable by both the Owner and the Public Utilities Planning and Project Management Division, prior to approval of the next development order west of Goodlette-Frank Road. The CUE shall be conveyed to Collier County and the Collier County Water Sewer District at no cost to County, free and clear of all liens and encumbrances. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-6 July 21, 2021 G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette- Frank Road shall be limited to a right-in/right-out access. L. The maximum trip generation allowed by the proposed uses both primary and ancillary may not exceed 2,045 (external to the PUD, per TIS dated 09/16/2016 and 07-07-2017 as amended) PM Peak Hour, two-way trips. M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within the Florida Power & Light (FPL) easement, subject to approval by FPL on the west side of Creekside Street and the south side of Creekside Parkway along/within folio # 29331193049 to connect to the existing sidewalk along Creekside Parkway. The construction plans for the sidewalk and the letter request to FPL shall be completed and mailed prior to the issuance of a Certificate of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The construction of the sidewalk shall be completed no later than one year following FPL's approval. N. Due to the removal of a portion of the Creekside Boulevard minor collector roadway and re-routing of traffic, the owner, its successors, or assigns, shall design Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-7 July 21, 2021 and construct the re-routed roadway to adequately accommodate AASHTO Interstate Semitrailer (WB-62) standards and provide access to existing postal service truck traffic prior to the removal of a portion of Creekside Boulevard. The design and construction shall be at no cost to Collier County. Any additional right- of-way easements required by County for a public road pursuant to County standards shall be dedicated to the County, free and clear of all liens and encumbrances without County maintenance responsibility. Such dedication shall occur prior to the issuance of the Certification of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and prior to the removal of a portion of Creekside Boulevard. The owner, its successor, or assigns, shall also accept ownership of the entire length of Creekside Boulevard with all maintenance responsibilities. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community -wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-8 July 21, 2021 Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value -apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid cliches, overly complex or garish motifs, while seeking to invoke a "timeless" quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-9 July 21, 2021 designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses, including residential, within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-10 July 21, 2021 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the VC District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-11 July 21, 2021 installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 10) The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right -of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-12 July 21, 2021 B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 8 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on - site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single -occupancy facility, or for each establishment in a multiple -occupancy facility. Corner units within multiple - occupancy facilities, or multi -frontage single -occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). Words stpdek Mreffgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-13 July 21, 2021 a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. b. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. c. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. d. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-14 July 21, 2021 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Outdoor recreation facilities, including but not limited to playfields and fitness trails on areas not designated IC or B on the PUD Master Plan. Stadiums shall be prohibited. 10. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 11. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 12. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.22 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-15 July 21, 2021 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 709,100 square feet of Floor Area of industrial/commerce uses on 49.90-43± net acres. Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the I/C District (excluding the 166,000 square feet added by the October 2016 amendment) and the Business District up to a FAR of .35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-1 July 21, 2021 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non -Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-2 July 21, 2021 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492, 3495, 3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 17. Hotels / Motels (Group 7011), not to exceed a maximum of 349 rooms for the entire PUD. Only 2 Hotels/Motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 3.4. 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 19. Leather and Leather Products (Groups 3131-3199) Words stpdek Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-3 July 21, 2021 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812- 3843, 3845-3873) 21. Membership Organizations (Groups 8611-8631) 22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 23. Motion Picture Production (Groups 7812-7819) 24. Motor Freight Transportation (Groups 4214, 4215) 25. Packing and Crating (Group 4783) 26. Paper and Allied Products (Groups 2652-2657, 2673-2679) 27. Personal Services (Groups 7213, 7216, 7219, 7221) 28. Physical Fitness Facilities (Group 7991) 29. Plastic Materials and Synthetics (Groups 2833,2834) 30. Printing, Publishing and Allied Industries (Groups 2711-2791) 31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 34. United States Postal Service (Group 4311) 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self -storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade -Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood -wholesale; lumber: rough, dressed, and finished -wholesale; batteries, except Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-4 July 21, 2021 automotive -wholesale; storage batteries, industrial -wholesale; unit substations -wholesale; boilers, power: industrial -wholesale; boilers, steam and hot water heating -wholesale; burners, fuel oil and distillate oil - wholesale; oil burners -wholesale) 37. Wholesale Trade -Nondurable Goods (Groups 5111-5143, 5145, 5147- 5149, 5192, 5199 except for cats -wholesale; charcoal -wholesale; dogs - wholesale; fish, tropical -wholesale; furs, dressed -wholesale; greases, animal and vegetable -wholesale; ice, manufactured or natural -wholesale, leather and cut stock -wholesale; linseed oil -wholesale; oils, except cooking: animal and vegetable -wholesale; oilseed cake and meal -wholesale; rubber, crude -wholesale; sawdust -wholesale; vegetable cake and meal -wholesale; wigs -wholesale; worms -wholesale) 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.13.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8092, 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-5 July 21, 2021 C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.13.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. Words stpdek Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-6 July 21, 2021 B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 7. Minimum Building Setback from Existing Goodlette-Frank Road Right -of - Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased Words stpdek Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-7 July 21, 2021 by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet (50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height of one -hundred four (104') feet and a maximum actual height of one -hundred twenty two (122') feet, For parcels east of Goodlette-Frank Road: the Hotel, group housing for the elderly, and the intermediate care facility shall have a zoned height seventy-five feet (75'), actual height eight -five feet (85'). All other uses permitted east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of fifty feet (50') and an actual height of sixty feet (60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for buildings located on Tract 5, and 6 on the Master Plan, which shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in architectural style to the conceptual building rendering in Exhibit C. G. Business District type uses located within the VC District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.13.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-8 July 21, 2021 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this deviation process. 3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10' wide Type D buffer adjacent to rights of way, with trees spaced no more than 30' on center, to permit the existing street trees planted along the west side of Creekside Street to satisfy the minimum Type D buffer tree requirement of the eastern boundary of Tract 5. Words stpde1through are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-9 July 21, 2021 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2. (and B.3) are prohibited Words stpdek Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-10 July 21, 2021 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of 269,000 square feet of Floor Area, including approximately 219,000 square feet of office uses_, 50,000 square feet of retail uses, and up to 300 multi -family rental apartments (within the 9.9± acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan, shown on the Master Plan) on 22.9023.37± net acres. Intermediate care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Apparel and Accessory Stores (Groups 5611-5699) 2. Breweries (Group 2082) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of. for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-1 September 16, 2021 bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Convenience Store, food market (Group 5411) only two (2) allowed within the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed within the PUD. 7. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. 8. Dance and Martial Arts Studios (Groups 7911 and 7999, including only gymnastics and martial arts instruction) 9. Depository and Non -Depository Institutions (Groups 6011-6163) including automatic teller machines 10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Dwelling Units, Multi -Family (within the 9.9± acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan, shown on the Master Plan) 44-.12. Eating Places (Group 5812) not including stand alone drive-thru restaurants. 4-2-.13. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 4-,2.14. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-2 September 16, 2021 4415. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 4�5-.16. Hardware Stores (Group 5251) 4�17. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736) 47-.18. Hotels / Motels (Group 7011); not to exceed a maximum of 349 rooms for the entire PUD. Only 2 hotels/motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 4.4. 4-8:19. Miscellaneous Food Stores (Group 5499) 4-9-.20. Miscellaneous General Merchandise Stores (Group 5399) 2&21. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) 2 -.22. Paint/Glass and Wallpaper (Group 5231) 22-.23. Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) 2�24. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712-6799); Attorneys (Group 8111) 24-.25. Physical Fitness Facilities (Group 7991) 2�5-26. Retail Bakeries (Group 5461) 26-.27. Security and Commodity Brokers (Groups 6211-6289) 2-7-.28. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-3 September 16, 2021 The following medical related uses must be located within 1 /4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 4. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8099) 5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails on areas not designated IC or B on the PUD Master Plan. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. 3. Parking structure supporting dwelling units may be constructed on Tract 9. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.13.1 shall provide the following services and/or be subject to the following operational standards: Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-4 September 16, 2021 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS 1. Non -Residential A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30% except for parking structures located on Tract 9, which shall be allowed to have a fifteen foot (15') setback. 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-5 September 16, 2021 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) Immokalee Road: Minimum of fifty feet (50') plus for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal feet); or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum three hundred fifty foot (350') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet); or For any portion of a hotel on the B designated tract on the southeast corner of Immokalee Road and Goodlette-Frank Road, the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, three stories over parking to a maximum of fifty feet (50') except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-6 September 16, 2021 a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'), except that a hotel building or structure associated with this use may not exceed a zoned height of seventy five feet (75') and an actual height of eighty five (85'). All other uses on Tract 9 on the Master Plan shall be permitted to have a zoned height of seventy five feet (75') and an actual height of eighty five (85') b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). c) All other uses permitted pursuant to Section IV shall be limited to a maximum zoned height of fifty (50') and an actual height of sixty (60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, except buildings located on the southern portion of Tract 3. Buildings located in the southern portion of Tract 3 as labeled on the Master Plan shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this PUD Ordinance). F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 2. Residential PRINCIPAL STRUCTURES MULTI -FAMILY Minimum Lot Area 1 acre Minimum Lot Width N.A. Minimum Lot Depth N.A. Minimum Front Yard Setback (Goodlette-Frank Road)— 50 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 10 feet Minimum from Creekside Blvd. E. (2)(4) 30 feet Minimum Lake Maintenance Easement Setback 0 feet Minimum PUD Boundary Setback 50 feet Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-7 September 16, 2021 Maximum Building Height Zoned Actual 95 feet 100 feet Minimum Distance Between Buildings 20 feet Floor Area Min. (S.F.), per unit 550 s.f. ACCESSORY STRUCTURES Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet Minimum Side Yard Setback 5 feet Minimum Rear Yard Setback 10 feet Minimum from Creekside Blvd. E. 15 feet (2)(4) Minimum PUD BoundgpLSetback 15 feet Minimum Distance Between Buildin s 0/10 feet Maximum Height (3) Zoned Actual 20 feet 25 feet (1) For any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') horizontal foot setback for every two (2') vertical feet of height). (2) There shall be no required building setback from Creekside Boulevard East for a pedestrian bridge and supporting infrastructure. (3) Not applicable to an elevated pedestrian bridge. Parking garage shall be subject to building height per Section 4A.D. a) above. (4) A free-standingparking,garage may be constructed at fifteen feet (15',) from Creekside Boulevard East. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on the southern portion of Tract 3 of the Master Plan to be eligible for this deviation process. Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-8 September 16, 2021 4. Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6, RMF-12, RMF-16) multifamily district/use adjacent to Commercial 3 (C- 1, C-2, C-3, C-4, C-5); Business Park (BP) district/use to provide a 15' wide type `B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the north and a shared 15 foot wide type `B' buffer with the institutional use located to the south. 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 (and B.2) are prohibited. Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-9 September 16, 2021 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses and Structures Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management structures. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses, permitted in accordance with the LDC and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Words stpdek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 5-1 July 21, 2021 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met on -site as set forth in the Collier County LDC. Words sk Mrough are deleted; words underlined are added. PL20190002850 CPUD Amendment 5-2 July 21, 2021 COLLIER'S NORTH COLLIER NORTH COLLIER p EXISTING TRAFFIC RESERVE PUD MEDICAL HOSPITAL PUD i9 - ^ n J SIGNAL `a IMNOKALEE ROAD 11n.lOR ENIRY8IGNAG "1f5 _ MAJOR AGE -- - - - - MMOR ENTRYSIGNAGE � MAJOR EMRY� - - -_ OR RY 51 E fl (� �MAJD Eft NTRY SIGNAGE i `I ❑ SIGNAGE A-= ENT To II I qy ,qpE ANDSCAPEBUFFER� I I (Al.A 2 BL BZSS B91 --,--, B 1 I U1. AR. e1,B28 B]I a w CT I I Sign Deviation (See PU NOT A PART L T T 1 c Cl c Q I II TRACT 3 I section 4.5, Item 2) C c OF THIS PUD ^�^^- y B I I I II ALTERNATE•A• j'iI C -A I B I B fJ IO' WIDE LANDSCAPE I TO CT 9 BUFFER PER L.D.C. 0 0 CREEK PKWYY IIC�I� I TRACT 8 m B I I IG.,r a I lr t C I I I __-_____.__. ALTERNATE A"1S'Il� I I A Standards! I L / uNT WIDE —.CAPE D Lantlseape Buffer Deviation I I I fJ� Standards Deviation jJ^ SUFFER WRNIN I I `� OJAQ SOUTHWEST R O.W PERLOC See PUD Section J.5 Item 3 1 See PUD Section 4.5 J r IC tel IA Ill m IIm Item 3) -- ,,, C O C - it .c I HEALTH S ARK NAPLES DAILY m TRACT 4 TRACT 5 R IIS:I I o�l1 m its P NEWS PUD C I/C I/C II I III y1J Atandardsel ' TRA 1U n - - 'S -. Standards Deviation IPIUL m] Architectural StanT, it Deviation I TRACTIS I I DG - / I PU .T (See PUD Section 3.5, Item 2) s1.tl m p DAAY PROJECT�/ 1 " I{ See PUD SICeeRion 3.5 aL O r ( I lPRESERVE AREAS ACT '� '� ,8 BOUNDARY �.��. �_ _� I II y l m 2 S LANDICZIPE SUFFER S® S @ MAJOR ENTRY O tl i I! SGNAGE C F g L I I E<sE—T a A$ I e IEKSIDE BOULEVA ❑ c - - -PW / EASEMENT MIN pt ENTRY I _L-�` ♦ - SIGNAGE - - - �JL III ' IIDP l� x uc [ ALTERNATE "A„ TRACT 7 I . I I DELANDe I/C I I �_� I TRACT 11 BUFFER PER I.D.C. I- I PB 6' ALTERNATE •A• BUFFER COLLIER COUNTY WITH TREEB BO' O.C. SEWAGE TREATMENT I \\ 0 ~^ PLANT — —II-M I LAND USE SUMMARY a SUPPLEMENT EXISTING BUFFER ICI EASE EUDOIIIONALTREE— ACHIE OPAOUEBUFRR — / — I/C — Industrial/Commerce = 49.90f Ac C.) SSXOPAOUE ER AND BERM gLTE HpEj AP. BUFFpt I — Business = 22.90f AC Il,x TO APPRDx (CISUSIT GRUFFER Ica)' I/C I Ight of Way = 9.25t AC tt'B-`2 L — 7.19f Ac PELICAN MARSH PUD I I = a PW — Pries ed Wetlands = 2.90f AC PU — OtherPrese( plands = 4.84± Ac AfT L Other (bu open space)= 9.84f Ac L, 5'WIDE LANDSCAPE SUFFER WITH TOTAL = 106.08t Ac u .t If �IJI/ AS'IN TREEBLEMENT *T--.B'T`J[--� •i'�"@ EXISTING OAKTREEBUFFER ON p tll j"{�m�r�II NTSWEAGE GENERAL NOTES TRFAI I-)PIANi l7 CS) W t. THIS PLAN IS CONCEPTUAL, NOT SPECIFIC SURV ILLEASEMENT N LOCATIONS ARE APPROXIMATE. W I II IE�i 2. THE BUFFER DESIGNATIONS IN PARENTHESIS E.G.(C.1, A-1),R RTO P.c -IW PUD DOCUMENT PARAGRAPH 2.19 WHERE BUFFER IS DESCRIBED. MIXED USE SUBDISTRICT COLLIER'S NORTH COLLIER NORTH COLLIER AREA L EXISTING TRAFFIC RESERVE PUD -- - MEDICAL HOSPITAL PUD JSIGNAL � E. RAFFIG — --- �m -\, IMMOKALEE ROAD MAJOR ExiayscrvncE ------ - -- "----- 80? I �RO� MINORENlAY 81GNAGE\ n MAJOR ENTRY\ �/ ., - - - �INO n I. \ ( MAJOR ENTRY SIGNAOE I ❑ o SIGNAGE zI I I RO' WIDE LANOBCAPEi I u a4 m 1 zo' W19UFF IA; A2RJF ei b Bel B g In ACT LA% A: EEI. Sign Deviation (See PU I p TRACT 1 0 C 2 of a sal I I C I ALTERNATE BU NOT A PART m I Section 4.5, Item 2) OF THIS PUD a B I II TRACTS ' (� io' WIDE LANDSCAPEDEVELOPED ER B I L.O.C.IF OEVELOPEO WITH !7 II COMMERCIAUS E"Ilt TRACT 8 z TRACT 9, CREEKSIDE PKWY= QI BUFFER PERL."e"NDSCAPE m B BUFFERPERSIDENTI LUSES DEVELOPED t B er D afro See D m i I I� _ 1 x I WITH RESIDENTIAL USES I I II - c I 111�--.__.__ I I ecti 4.b m4 i I (ca)WIDELANDSCAP6 ALTERNATE"A"1D' , I I AfChlteClunl In BUFFERWTHIN IIIIIy I/ Landsca Buffer Deviation I I Standards Deviation BUFFER WITNIN A I Pe % ALTERNATE SOUTHWEST R.O.W. PER L.U.C. I = (See PUD Section 3.5, Item 3) M I �„ (See PUD Section 4.5 J rr ux e ` PROFESSIONAL 5 K.1D) A I I 1 Iml Item 3) p Ao'� Ym (E°a o�¢C: I HEALTH PARK SD" I I I �i "` ICN° I E NAPLES DAILY TRACT 4 TRACT 5M� I Q, II. NEWS PUD C [/ I/C I/C I i' I II N"11 A, Dural TRACT 10 �l )Ial 11J St. ndame Deviation I I/C - c�D ITS 1 m r Architectural Standards Deviation CC iiiy p L >� (See PUD Section 3.5, Item 2) @ i TRACT 6 I PR 810ML TRAFFIC "UWDARY a 1 0 _. Drum TRA r� - . FROJECT 1 ¢¢¢ I/C °� 8 R AREAS ACT a WART � _ __ __ � I �„ I y I (Sea PUD Section 3.5, O _ I e LAND I�.�IPE BUFFER s A3 B Item z) MAJOR ENTRY 19 9 L A SIGNAGE C Q M FABEMPxT MexT I IAEEKSIDE BOULEVARD. c / ^ Harr I 1 MINOR ENTRY '.. II 1 �oFEx SPA C� alaxAaED. wIDELANDECA TRACT 7 scAP I/(', II I/JTRACT 11 °BUFFER PER L.D.C. 1 I I PU _�_ �1 - QS) B' ALTERNATE 'A" BUFFER COLLIER COUNTY WITH TREES SO' O.C..C.SEWAGE TREATMENT PLANT \ I. LAND USE SUMMARY SUPPLEMENT EXMTING BUFFER ICI FPAL EAB — WRHADDDIONALTREESTO ACNE. MI%OPAQUE BUFFER \ I/C — Industrial/Commerce = 49.9B43t Ac yy ICA — WBERMWrm ' B — Business = 2?9823.37t Ac / L,ys mXOPAQUESUFFFAANDSERM ALTERNATE"A"BUFFER iX TOAPPROXIMA EEXISTINGBUFFER (C.B)- I/C Right of Way = 9.25t AC @� �... �� ..e PII I L — Lake = 7.19t Ac PELICAN MARSH PUD PW —Preserved Wetlands = 2.90t Ac PU — Preserved Uplands = 4.10± Ac Other (buffers, open space) = 9.84t Ac ® Mixed -Use Subdistrict (9.9t Ac) N 0 8' WIDE LANDSCAPE BUFFER WITH N �I'}Ir� AS' EDGETOSUPPLEMENT TOTAL = 106.08t Ac I� EXISTIN OARATMENTPLANT EBUFFER ONEAC THE ADJACENT SWGE TREATMENT GENERAL NOTES TREATMENT Ic.sl O ES 1. THIS PLAN IS CONCEPTUAL, NOT A SPECIFIC SURVEY ALL EASEMENT N n ^ LOCATIONS ARE APPROXIMATE. u u 2. THE BUFFER DESIGNATIONS IN PARENTHESIS E.G.(C.1, A-1), REFER TO Of -1°0 PUD DOCUMENT PARAGRAPH 2.19 WHERE BUFFER IS DESCRIBED. EXHIBIT B1 CROSS SECTIONS (ENLARGED) -- INTERNAL PARCEL PARKING STREET LIGHT - -- HEDGE CANOPY TREE % CANOPY TREE PARCEL ENTRANCE MONUMENT SMEWALK +2• +r 4 S�DE- VKK 84' INTERNAL PARCEL PARKING HEDGE CANOPY TREE PARCEL ENTRANCE k$DNWMkT I t2' tY tp i2' t2• Y S+OEw 3B' tp�• INTERNAL PARCEL PARKING M.T./ STREET LIGHT S TYPICAL STREET CROSS SECTION 11.T.* CANOPY TREE SIDEWALK NE�GE �-p�tTERNAL PARCEL I PARKING --- INTERNAL PARCEL PARKING STREET LIGHT HEDGE --- CANOPY TREE CANOPY TREE PARCEL ENTRANCE MONUMENT SIDEWALK HEDGE —PPARCEL —PARKING 1 PARKING a• +r +a• +r s• M SIDE- LANE tw LAME SIUE- WACK HARK 3E m 6c TYPICAL. STREET CROSS SECTION ILLS Creekside Commerce Park CPUD (PL20200002850) Application and Supporting Documents Sept. 16, 2021 CCPC Hearing wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects June 22, 2020 Ms. Nancy Gundlach, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Creekside Commerce Park CPUD Amendment — PL20190002850, Submittal 1 Dear Ms. Gundlach: A Collier County application for Public Hearing for a Planned Unit Development (PUD) Amendment for properties located on the Southeast quadrant of Immokalee Road and Goodlette-Frank Road is being filed electronically for review. This application proposes to amend the eastern portion of the Creekside Commerce Park CPUD, which have been platted as Tracts "P-1", 112", "3 and "5" in Plat Book 54, Pages 84 & 85, to add multi -family residential dwelling units on the east side of Goodlette-Frank road. A companion small-scale plan amendment (PL20190002849) has been filed in order to authorize the proposed multi -family dwellings at this location. This modification is made to the B District within the PUD. The maximum vehicular trip generation figure in Section 2.16.E has been revised due to the addition of the multi -family residential use. A minor change to the Conceptual PUD Master Plan is proposed to modify the preserve and water management area in the southeastern portion of the PUD. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Pre-app Notes 5. Property Owner List 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Ms. Nancy Gundlach, AICP RE: Creekside Commerce Park CPUD Amendment — PL20190002850, Submittal 1 June 22, 2020 Page 2 of 2 9. Addressing Checklist 10. Warranty Deed(s) 11. Plat Book 54 Pages 84 & 85 12. Aerial Location Map 13. Environmental Data Requirements 14. Traffic Impact Study 15. Amended PUD Document 2020 16. Ordinance 2018-19 17. School Impact Analysis Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, <-D. bj� D. Wayne Arnold, AICP c: Creekside East, Inc. Richard D. Yovanovich GradyMinor File (BCCPUD-19) CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Creekside East Inc. Name of Applicant if different than owner: Address: 2600 Golden Gate Pkwy city: Naples Telephone: 239-262-2600 Cell: E-Mail Address: dgenson@barroncollier.com State: FL ZIP: 34105 Name of Agent: D. Wayne Arnold / Richard D. Yovanovich Firm: Q. Grady Minor and Assoc., P.A. / Coleman, Address: 3800 Via Del Rey Telephone: 239-947-1144 Fax: Yovanovich and Koester, P.A. City: Bonita Springs state: FL ZIP: 34134 Cell: Fax: E-Mail Address: warnold@gradyminor.com / rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: CPUD Zoning district(s) to the CPUD zoning district(s). Present Use of the Property: Light Manufacturing, Retail, Commercial, Hotel/Motel, Assisted Living Facilities Light Manufacturing, Retail, Commercial, Hotel/Motel, Assisted Living Facilities, Multi -family Residential Proposed Use (or range of uses) of the property: Original PUD Name: Creekside Commerce Park CPUD Ordinance No.: 2018-19 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 27 4s 25 Lot: Block: Subdivision: Creekside Commerce Park East Metes & Bounds Description: Plat Book: 54 Page #: 84-86 Property I.D. Number: *See Property Owner List Size of Property: 1168+/- ft. x 1193+/- ft. = 1256706 Total Sq. Ft. Acres: 28.85+/- Address/ General Location of Subject Property: Southeast quadrant of Immokalee Road and Goodlette Frank Road PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N Collier Health Center PUD NCH Hospital and medical offices S I Waste water treatment plant E SW Professional Health Park and I Medical offices and Waste water treatment plant W Creekside Commerce Park PUD Medical offices, If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/]ndex.aspx?page=774. Name of Homeowner Association: The Foundation of Pelican Marsh Mailing Address: 1504 Pelican Marsh Boulevard City: Naples Name of Homeowner Association: Collier's Reserve Association, Inc. Mailing Address: 1715 Colliers Reserve Drive City: Naples State: FL Zip: 34109 State: FL Zip: 34110 Name of Homeowner Association: Creekside Commerce Park Property Owners Association, Inc. Mailing Address: 1370 Creekside Boulevard City: Naples State: FL ZIP: 34108 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Creekside East Inc. Address: 2600 Golden Gate Pkwy Telephone: 239-262-2600 Cell: City: Naples State: FL E-Mail Address: dgenson@barroncollier.com Fax: ZIP: 34105 Address of Subject Property (If available): Southeast quadrant of Immokalee Rd. and Goodlette Frank Rd. City: State: ZIP: ROPERTY INFORMATION Section/Township/Range: 2/ 4/ 25 Lot: * Block: * Subdivision: Creekside Commerce Park East Metes & Bounds Description: Plat Book: 54 Page #: 84-86 Property I.D. Number: *See Property Owner List TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: *Please see attached Demand Calculations Peak and Average Daily Demands: * A. Water -Peak: " Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2022 March 4, 2020 Page 6 of 11 Calculating # of practitioners & employees using same ratio is founders square Project Area (SF) # of Practitioners # of Employees Founders Square 34300 15 45 Creekside 45800 20 60 Medical Office Wastewater Demand Calculations Peak DailyPeak Consumption Rate per Total Consumption Daily Building # of Units Population Demand Table I of F.A.C. 64E-6.008 (gpd) Flow (gpd) Factor Medical Office - 20 250 gpd/practitioner 5000 1.35 6750 (practitioners) Medical Office 15 gpd/employee per 8 hour 60 900 1.35 1215 (employees) I shift Total: 7965 Potable Water Demand Calculations Peak DailyPeak Consumption Rate per Total Consumption Daily Building # of Units Population Demand Table I of F.A.C. 64E-6.008 (gpd) Flow (gpd) Factor Medical Office - 20 350 gpd/practitioner 7000 1.35 9450 (practitioners) Medical Office 21 gpd/employee per 8 hour 60 1260 1.35 1701 (employees) I shift Total: 11151 Multi -Family Wastewater Demand Calculations Peak DailyPeak Consumption Rate per Total Consumption Daily Building # of Units Population Demand Table I of F.A.C. 64E-6.008 (gpd) Flow (gpd) Factor Multi -Family Units 300 750 250 gpd/unit 75000 1.35 101250 Total: 101250 Potable Water Demand Calculations Peak DailyPeak Consumption Rate per Total Consumption Daily Building # of Units Population Demand Table I of F.A.C. 64E-6.008 (gpd) Flow (gpd) Factor Multi -Family Units 300 750 350 gpd/unit 105000 1.35 141750 Total: 141750 Flow Comparison Wastewater Average Daily Flow (gpd) Potable Water Average Daily Flow (gpd) Wastewater Peak Daily Flow (gpd) Potable Water Peak Daily Flow (gpd) Medical Office 5900 8260 7965 11151 Multi -Family 75000 105000 101250 141750 Proposed Increase in Flow 69100 96740 93285 130599 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. included with submittal 1 Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Creekside Commerce Park (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 ❑ 0 Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ ❑ School Impact Analysis Application, if applicable 1 0 ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ 0 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre X PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 X Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net X Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee. -r-D. bi 09-03-2020 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party March 4, 2020 Page 11 of 11 Creekside Commerce Park CPUD — PL20190002850 Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Narrative Statement Describing Request The proposed amendment to the Creekside Commerce Park CPUD proposes to add up to 300 multi -family residential dwelling units on the east side of Goodlette-Frank road as a development option. A companion small-scale plan amendment has been filed in order to authorize the proposed multi -family dwellings at this location. The addition of the residential use is to the B District within the PUD. The maximum vehicular trip generation figure in Section 2.16.E has not been revised with the addition of the multi -family residential use because the PUD proposes no change to the previously established trip cap. If the residential option is pursued, the residential would displace approximately 45,800 square feet of medical office use. The Conceptual PUD Master Plan has been modified to show the Creekside Commerce Park East Mixed Use Subdistrict located east of Goodlette-Frank Road. PUD Rezone Considerations (LDC Section 10.02.13.B a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Creekside Commerce Park CPUD is an established commerce park, which has been substantially developed and approved for a variety of light industrial, commercial, office, assisted living, intermediate health care and hotel uses. Infrastructure is in place to serve the existing and proposed uses. The addition of multi -family residential on the east side of Goodlette-Frank Road will be located central to two large employers — Arthrex and Naples Community Hospital (NCH), as well as other employers located within this PUD and other areas of North Naples. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls all undeveloped land within the Creekside Commerce Park CPUD. September 3, 2020 W GradyMinor Page 1 of 6 BCCPUD-19 Evaluation Criteria-rl.docx Chril Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) The Creekside Commerce Park is an existing CPUD, which permits industrial, business/office, hotel, research and development, and retail uses. A small-scale plan amendment is a companion to the CPUD amendment. The plan amendment will create the Creekside Commerce Park East Mixed Use Subdistrict. The plan amendment establishes a maximum number of 300 multi -family rental units to be constructed in the subdistrict, in addition to other uses permitted within the B District of the CPUD. The CPUD amendment is consistent with the proposed subdistrict. The CPUD amendment is consistent with the Conservation and Coastal Management Element of the Comprehensive Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed multi -family rental apartments are compatible with the surrounding land uses internal and external to the site. The residences reflect the demand for rental housing in close proximity to major employers in North Naples. The proposed rental apartments are proposed to be approximately 100' in height. This height is less than the NCH building just north of the apartments and it is less height than the Arthrex Corporate Offices located on the west side of Goodlette Frank Road. The apartments are buffered from nearby properties by the existing retail and ALF buildings located on Immokalee Road within the Creekside Commerce Park CPUD. There are no nearby residential communities impacted by the proposed rental units. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The Creekside Commerce Park CPUD Master Plan identifies open space, which meets or exceeds the Land Development Code (LDC) requirements for open space for commercial and industrial development. Additionally, the CPUD contains maximum building coverage requirements, which may provide additional open space on each developable tract. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Creekside Commerce Park CPUD is an existing PUD, which is surrounded by zoned and developed land. Expansion of the CPUD boundary is not anticipated. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CPUD amendment proposes to include rental housing units in addition to non- residential uses authorized in the PUD. The proposed development regulations for multi- family dwellings are consistent with standards, which have been utilized in other projects and will result in a development pattern appropriate for the Creekside Commerce Park CPUD. LDC Section 10.02.08 F - Reauirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the companion small-scale amendment which authorizes a maximum of 300 rental apartments to be constructed within a portion of the CPUD east of Goodlette-Frank Road. 2. The existing land use pattern. The proposed rental units represent infill development within the Creekside Commerce Park CPUD. The proposed rental apartments will be well located to provide much needed housing in close proximity to NCHs north facility and the corporate headquarters for Arthrex. There are no other rental units existing or proposed that are within close proximity to this major employment hub, nor within 2 miles of the Creekside location. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The CPUD is existing and the amendment will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed change does not affect the CPUD boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The County has acknowledged the deficit of rental housing in the community. The County's own documents identify the deficit and demonstrate that there are no other apartments in the vicinity of the proposed apartments at Creekside Commerce Park CPUD. The current CPUD does not permit rental apartments; therefore, the CPUD amendment is necessary in order to add this use and appropriate development standards. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The addition of up to 300 rental apartments will not adversely affect living conditions in the area. No change is proposed to the vehicular trip cap, therefore the CPUD will be traffic neutral. There are no residences located within 1,000± feet of the proposed apartments and the residences located north of Immokalee Road will be separated from the apartments by commercial uses fronting on both the north and south sides of Immokalee Road, including the NCH North campus on which the primary building exceeds 100' in height. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The traffic analysis prepared in support of the CPUD amendment demonstrates that the proposed amendment is traffic neutral and that the previously approved trip cap will remain as is. 8. Whether the proposed change will create a drainage problem. All proposed improvements will be required to be reviewed by the SFWMD as part of an environmental resource permit, which includes a review of the surface water management system to ensure compliance with approved discharge rates for this drainage basin. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The changes will have no impact to light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change should have no impact on property values on adjacent property. All adjacent properties are zoned for commercial or industrial land use. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed addition of multi -family rental units at this location will not be a detriment to improvement or development of adjacent properties. The parcel will be buffered from Goodlette-Frank Road by an existing landscape buffer and from Immokalee Road by existing commercial development. The parcel is separated from adjacent Southwest Health Park development, County's Veterans Park and North Collier Wastewater Treatment Plant by existing preserves and landscape buffers. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The applicant is a property owner within the CPUD and has the authority to seek amendments to their entitlements. Any property owner within the CPUD has the authority to propose amendments; therefore, there is no grant of special privilege associated with the amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning does not permit the proposed residential dwelling units; therefore, a CPUD amendment is necessary. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Collier County continues to experience a deficit in rental apartments. The proposed rental units represent a use that is necessary throughout the County and will serve nearby employers with housing opportunities for employees. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. While there are other sites located within Collier County that would permit development of rental apartments, none are immediately adjacent to the new corporate headquarters for Arthrex and within walking distance to NCH North, both major employers in Collier County. Having the residences integrated into the campus for Arthrex will allow residential to be located within walking distance of business uses on campus and at NCH across Immokalee Road, which will substantially reduce travel time and lessen the reliance on shuttle services required for more remotely located hotels. This area of North Naples is underserved with rental apartments and no other apartment complexes are located within 2 miles of this site. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site has been previously cleared and filled and is suitable for the proposed rental apartments. The site currently permits a wide variety of commercial and industrial land uses, many of which are more intense than the proposed residential use. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. A Public Facilities Analysis has been prepared in support of this application and companion small scale amendment. There are no deficiencies anticipated with development of this use, and the CPUD will remain neutral with regard to transportation impacts. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The CPUD contains appropriate development standards and commitments, which will insure the protection of the public health, safety and welfare. CoAev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDA DateanclTime: 1/16/20 GMPA- 3:OOPM Zoning-4:OOPM Assigned Planner: Zoning - Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: Creekside Commerce Park (PUDA) PL#: 20190002850 Property ID #: See Suppl . Info Current Zoning: CPUD Project Address: Creekside Blvd City: Naples State: FL Zip: 34109 Applicant: Sharon Umpenhour D.Wayne Arnold,AICP,Q.Grady Minor&Assoc.P.A. Agent Name: `_ Phone: 2 3 9- 9 4 7 -114 4 Agent/Firm Address: 3800 Via Del Rey City onita Spr�iaM, FL Zip34134 Property Owner: Creekside East Inc. (All Parcels) Please provide the following, if applicable: L Total Acreage: ii. Proposed # of Residential Units: iv. V. Proposed Commercial Square Footage: For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page I 1 of 5 Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093. Lys,/ 13:r-LJ %S'w%"�I�zf /ij ;� Z 774E /Is,F�b - E0UIQooJnnE.,i4,aL AAPh(4,,i`t S4A4ES - kE A Por�toov aF +hE {PI e$Fr-uE W I I I LIE (LEAloUEd Zreco-A'Urcd- 4. I ACre-S t S 4hE CUrre� � PresErUE kE&OREMEAJ7 7PE PreSe,r\JE S Hou I d be Le0I5uot/S AQEX PICASE rou�JE 1=jolaorimErj44L A+,q LIS4e-d SAeCieS SurU4 FL uC.mAP PIEAS E ProV, dE Info,- A4,o J 4G 5kow koW +hE r�educeo►j iry IPreSEevE AUA 1W1 11 be- M►4"a.+4J Afe5� CCME- ob )ecJivE-S (o- 1.1 Amid T 1. I . u:.� If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton na les ov.com Allyson Holland AMHolland(a)naplesgov.com Robin Singer RSinger(�naplesaov.com Erica Martin emartin naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 r Creekside Commerce Park PUD Location Map irnmokalee RD X NO Legend ,r u�c Es i e i i6 IGI • b , G • Creekside PUD crvEs�'iai�"f �sX(U-'GSr'Ae'ro'G Coinrriumi4 © Gradylllinor EE Cor I� Vfe-PWSWUE- (310 155 0 Chil Engineers • Land surw\ors • I'laonrrs • Iduuhcapc 1n$livuls a N W E S 310 Feet CoTer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 st+1— 1J < IO Res. 61"PA 44, )i �. +� .Pvr f n 9 v /i �, -( t4- C'. Enfj^ b%hi�sr ?'fB �p Vj�(tstr{rvrL, f.f lhbtsi7'y AyLi,�, -`-GaVi I,+Iuf3 Other required documentation for submittal (not listed on application): �E Sew /SIT ATksE i"Ic lh d w as 4 JOZES Disclaimer.' Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " Them um total dairy trip gen ion for UD shal t exceed two- M hour trips bas on the use des in th E Manu n trip gene ion rate effec t the t' e of appli ion for SDP DPA or division4 at approval,." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance off, development permit by a county does not in any way create ;5lotiot—s on the part of the scant to obtain a perrr�itrom`a state or ral agency and d ncreate any liabili n the part of the co or issuance of permit if the applic ails to obtain requisit provals or fulfill the igations imposed y a state or federal ag y or undertakes action at result in a violation of state or federal law. All otherplicable state ral perm oec�rmthe dev wiient." Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre -Application• Sign -in Sheet Collier County Contact Information: 2cv1 4oao i tl'fY --' Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david. anthony@col IiercountyfLgov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov L rie Beard PUD Monitoring 252-5782 laurie.beard @colIiercountyfLgov Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ orm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colIiercountyfLgov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 1 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Co*.r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colIiercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 bra ndi.pollard@colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov ark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 1 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email \�bag(-on Col ` r -zt w AD�Qobacconcolliec.wc%i Pam 6im45 t-1 F ecru ae 262 -2Goo Via-+. c 9APf4ck14nLLwg.coPi 2�� cJ��.rr��,, C—i 1� LiS;s-•3s3' N u J`�^��`. = \�.�,; -r Updated 7/11/2019 Page 1 5 of 5 C24% u�k b )Z- Coffier Couvity Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20190002850 — Creekside Commerce Park (PUDA) — Nancy Gundlach PRE-APP INFO Assigned Ops Staff: Thomas Clarke Camden Smith, (Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com • Agent to list for PL# D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A. Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) 29331180023 CREEKSIDE EAST INC 29331180049 CREEKSIDE EAST INC 29331180609 CREEKSIDE EAST INC 29331181103 CREEKSIDE EAST INC 29331181129 CREEKSIDE EAST INC 29331181145 CREEKSIDE EAST INC 29331181161 CREEKSIDE EAST INC 29333000046 CREEKSIDE EAST INC 23991198040 CREEKSIDE EAST INC • Confirm Purpose of Pre-App: (Rezone, etc.) GMPA and PUDA • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Proposed small-scale plan amendment and PUD amendment to allow up to 300 multi -family dwelling units within the eastern portion of the Creekside Commerce Park PUD. Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.colliergov.net • Details about Project: GMPA and PUDA to allow 300 multi -family dwelling units in addition to the existing allowable uses. REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina colliercountyfl Phone: 239-252-6866 Zoning Division • 2800 Nash Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.coliagov.net Creekside Commerce Park PUD Location Map N W + E S © GradyMinor 560 280 0 560 Feet Civil Engineers • Land Surveyors • Planners • Landscape Architects COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliereov.net Coer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 I PROPERTY OWNERSHIP DISCLOSURE FORM I This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the M C. )ercentage of such interest: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ICI l.C[ILdr'e Ur SLOCK ownea ay each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the )ercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierp,ov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP. list the name of the Cnerdl dna/or iimitea partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the � I J, awI.lu IUIUCI J, UCI ICI Il,ldl ICJ, Ul pdf hers: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of"-- In,cl a, II d l.Ul PUI dUUll, pdr lner5nlp, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Cot1je* T County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or I AFFIRM PROPERTY OWNERSHIP INFORMATION I Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co*.r County M`� COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: VA D Rezone- Ch. 3 G. 1 of the Administrative Code endment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corpor tior4 1 ❑ Signed and sealed Boundary Survey-- 1 WV RZ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ [f ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 ❑ Historical Survey 1 El E�r School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with '�stification for each (this document is separate from Exhibit E) — ❑ ❑ ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ,�/ Imo" ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: L Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS Tn RF RnuTFn Tn TWI: Gni I rnnnnir_ DC111Meiroc School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities I ❑ 1 Other: I ASSOCIATED FEES FOR APPLICATION I -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre VI-PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre C�Comprehensive Planning Consistency Review: $2,250.00 d Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Nth❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Corer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 VW Legal Advertising Fees: ce PC: $1,125.00 VCC: $500.00 e" School CC currency Fee, if applicable: :Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date February 1, 2019 Page 11 of 11 Creekside Commerce Park CPUD (PL20190002850) Property Owner List Parcel No. Property Owner 23991198024 Creekside East Inc. 23991198040 Creekside East Inc. 29331180023 Creekside East Inc. 29331180049 Creekside East Inc. 29331180544 Creekside East Inc. 29331180560 Creekside East Inc. 29331180586 Creekside East Inc. 29331180609 Creekside East Inc. 29331181103 Creekside East Inc. 29331181129 Creekside East Inc. 29331181145 Creekside East Inc. 29331181161 Creekside East Inc. 29333000046 Creekside East Inc. Creekside East, Inc. 2600 Golden Gate Parkway Naples Florida 34105 Property Address Subdivision / Condo Tract Unit 1514 Immokalee Rd. Creekside Corners Condominium 1 1267 Creekside Blvd E Creekside Corners Condominium 2 Creekside Commerce Park East 2 Creekside Commerce Park East 3 Creekside Commerce Park East 4 Creekside Commerce Park East 4A Creekside Commerce Park East 4B Creekside Commerce Park East 5 Creekside Commerce Park East 6 Creekside Commerce Park East P-1 Creekside Commerce Park East P-2 Creekside Commerce Park East P-3 Creekside East Land Condominium 2 March 19, 2020 W GradyMinor Page 1 of 1 Property Owner List. docx Civil Engincers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • Nvwxv.gradyminor.com AFFIDAVIT OF AUTHORIZATION FOR PETITIONNUMBERS(S) PL20190002849 and PL20190002850 1 David B. Genson (print name), as sr Vice President of Barron Collier Management, LLC, as Authorized Agent (title, if applicable) of Creekside east Inc- (company, If applicable), swear or affirm under oath, that I am the (choose one) owner❑ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under p9fialties of perju , I declare that I have read the foregoing Affidavit of Authorization and that the fac scat it are �irue - 511111L020 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of E physical presence or ❑online notarization this 29tn day of May . 20211 , by (printed name of owner or qualifier) David B Genson Such person(s) Notary Public must check applicable box: El Are personally known to me ❑ Has produced a current drivers license ❑ Has produced Notary Signature: CPM-COA-00115\155 REV 3/4/2020 as identification. : !!+ •: SMNAE. HAWY MY COMMISSION I GG 287225 =' E)iPIRES: Jara�ary t4 2023 di r g Bonded Thru Nagy Pubic Underw am ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY OF CREEKSIDE EAST, INC Effective as of January 1, 2015 The undersigned, being all of the shareholders (the "Shareholders") of Creekside East, Inc, a Florida corporation (the "Corporation"), who would be entitled to vote upon the actions hereinafter set forth at a meeting of the Shareholders of the Corporation, do hereby adopt and consent to the following actions to the same extent, and with the same force and effect, as if adopted at a meeting of all of the Shareholders of the Corporation: 1. This Action By Unanimous Consent and Designation of Authority (the "Designation") hereby supersedes any and all designations of authority executed and adopted by the Shareholders on behalf of the Corporation prior to the date hereof (collectively, "Prior Designations") and the Shareholders hereby revoke any and all such Prior Designations. This Designation shall remain in full force and effect until revoked in writing by the Shareholders. 2. The Shareholders unanimously consent to Barron Collier Management, LLC, a Florida limited liability company being named the authorized agent of the Corporation ("Authorized Agent") in accordance with the terms hereof and consent to the grant of authority to the officers of Barron Collier Management, LLC in accordance with the Statement of Authority of Barron Collier Management, LLC as filed pursuant to Section 605.0302(1), Florida Statutes and recorded in the Official Records of Collier County, Florida at O.R. Book 5108, Page 2218 as such Statement of Authority may be amended from time to time. 3. All instruments of conveyance, mortgages, contracts, instruments and documents executed by Barron Collier Management, LLC, in its capacity as Authorized Agent of the Corporation, shall be deemed to have been properly authorized by all appropriate actions made by all of the Shareholders. Further, all instruments of conveyance, mortgages, contracts, instruments and documents (and any amendments, modifications and/or supplements thereto) executed by Barron Collier Management, LLC, in its capacity as the Authorized Agent of the Corporation, shall be binding upon the Corporation. This Designation may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. The undersigned Shareholders do hereby unanimously agree, consent and affirm that the actions authorized in this Designation shall have the same force and effect as if taken at a duly constituted meeting of the Shareholders of the Corporation, hereby waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirement that notice be given, and hereby direct that this Designation be made a part of the minutes of the Corporation. BARRON COLLIER CO 1 FILE NUMBER I � 838 By: R. Blakeslee Gable A Shareholder M. Wells Gable eholder By: �_--�_ Phyllis Alden A Shareholder I0 M. Lamar G. Villere A Shareholder Mathilde V. Currence A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Tr /�te JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder By: P tric R. George, Trustee OI 140277.2 CI- BARRON COLLIER CO FILE NUMBER 2 11$ 018 By: R. Blakeslee Gable A Shareholder By: M. Wells Gable A Shareholder LOW Phyllis G. Alden A Shareholder Lamar G. Villere A Shareholder Mathilde V. Currence A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder Patrick R. George, Trustee 01140277 2 C6 z 1 BARRON CCLI_IER CO FILE NUMBER 11838 LIM R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Phyllis G. Alden A Shareholder By. Lamar G. Villere A Shareholder LOW Mathilde V. Currence A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder Patrick R. George, Trustee BARRON COLLIER CO FILES NUMBER 01140277.2 CE RIM R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Phyllis G. Alden A Shareholder Lamar G. Villere A Shareholder By. k I I I Autekick— Mathilde V. Currence A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder Un Patrick R. George, Trustee BARRON COLLIER CO FILE NUMBER 2 1I83S OI I40277.2 CE INSTR 5643569 OR 5577 PG 124 E-RECORDED 12/4/2018 11:32 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 13pparf mpnt of fttr I certify the attached is a true and correct copy of the Amendment/Cancellation of Statement of Authority, filed on-,- 8, for BARRON COLLIER MANAGEMENT, LLC, a FI e I pany, as shown by the records of this office. . The document number of th limite comanyL1 000185495. }g fi CR2E022 (1-11) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirty-first day of October, 2018 V944. qrn Prfz r Iserrefaq a£ Sfnfe OR 5577 PG 125 AMENDED AND RESTATED STATEMENT OF AUTHORITY OF BARRON COLLIER MANAGEMENT, LLC Pursuant to Section 605.0302(2), Florida Statutes, this limited liability company (the "Company") submits the following amended and restated statement of authority: This amended and restated statement of authority amends and restates, in its entirety, that certain statement of authority filed by the Company on December 18, 2014 with the Florida Secretary of State (H14000292086 3). FIRST: The name of the Company is Barron Collier Management, LLC. SECOND: The Company was registered with the Florida Department of State of December 3, 3014 and assigned document nugtber-L.I4900185495. THIRD: The street / FM L 841 FOURTH: This a effective as of date it is filed of FIFTH: This am and restated statem following officers, acting toget thority to execute mortgage, security agreement, to ax m;t, guaranty amendment or supplement thereto, e ,W capacity as a General Partner of Barron aggailA Manager or Authorized Agent for one or more oil'iriti any's principal office is: irit shall be deemed tol grants any two (2) of the missory note, bond, and any modification, iding, but not limited to, in its or in its capacity as the Name: Barron G. Collier, III Position: Director b. ^ co Address: 2600 Golden Gate Parkway ram- =' Naples, FL 34105 Name: Blake Gable V: r., N Position: President Address: 2600 Golden Gate Parkway Naples, FL 34105 all r Name: David Genson Position: Senior Vice President Address: 2600 Golden Gate Parkway Naples, FI, 34105 CD *** OR 5577 PG 126 *** Name: Brian Goguen Position: Chief Operating Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Bradley A. Boaz Position: Chief Financial Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 SIXTH: This statement of authority grants any one (1) of the following officers, acting alone, authority to execute any contract, agreement, instrument or document, other than those referred to in Paragraph Fifth above, on behalf of the Company: Name: B,1ikk Position:, Address:. 600 Golden Gate ame: CIO Positi n: $ Pre id nt , / Addre Pa w Naples, FL 3410 Name: avid Genson Position. r Vice Preside Address. 0 o �7 Nap:341 v Name: Brian Goguen Position: Chief Operating Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Bradley A. Boaz Position: Chief Financial Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Signed this day of August, 2018. ac Cecil, f Chainnan of the Board AMENDED AND RESTATED STATEMENT OF AUTHORITY OF BARRON COLLIER MANAGEMENT, LLC Pursuant to Section 605.0302(2), Florida Statutes, this limited liability company (the "Company") submits the following amended and restated statement of authority: This amended and restated statement of authority amends and restates, in its entirety, that certain statement of authority filed by the Company on December 18, 2014 with the Florida Secretary of State (H14000292086 3). FIRST: The name of the Company is Barron Collier Management, LLC. SECOND: The Company was registered with the Florida Department of State of December 3, 3014 and assigned document number L14000185495. THIRD: The street and mailing address of the Company's principal office is: 2600 Golden Gate Parkway Naples, FL 34105 FOURTH: This amended and restated statement of authority shall be deemed effective as of date it is filed with the Florida Secretary of State. FIFTH: This amended and restated statement of authority grants any two (2) of the following officers, acting together, authority to execute any deed, promissory note, bond, mortgage, security agreement, loan agreement, guaranty agreement and any modification, amendment or supplement thereto, on behalf of the Company including, but not limited to, in its capacity as a General Partner of Barron Collier Partnership, LLLP or in its capacity as the Manager or Authorized Agent for one or more other entities: Name: Barron G. Collier, III Position: Director Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Blake Gable Position: President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: David Genson Position: Senior Vice President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Brian Goguen Position: Chief Operating Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Bradley A. Boaz Position: Chief Financial Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 SIXTH: This statement of authority grants any one (1) of the following officers, acting alone, authority to execute any contract, agreement, instrument or document, other than those referred to in Paragraph Fifth above, on behalf of the Company: Name: Barron G. Collier, III Position: Director Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Blake Gable Position: President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: David Genson Position: Senior Vice President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Brian Goguen Position: Chief Operating Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Bradley A. Boaz Position: Chief Financial Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Signed this ,� I day of August, 2018. ac Cecil, Chairman of the Board CoAr Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address MAI of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Creekside East, Inc., 2600 Golden Gate Pkwy R. Blakeslee Gable, President/Director Lamar G. Villere, Director Bradley A. Boaz, V/S/T/RA Katherine G. Sproul, Director Barron III Collier, C/D Jeff Sonalia, Vice President Douglas E. Baird, Vice President Brian Goguen, Vice President Juliet A. Sproul, Director Shareholders: Juliet C. Sproul Family Inheritance Trust 30.0000% 1998 Barron Collier III Irrevocable Children's Trust 30.0000% Robert Blakeslee Gable 6.2500 Michael Wells Gable 6.2500% Lamar G. Villere 7.5000% Mathilde V. Currence 7.5000% Phyllis G. Alden Trust, dated June 21, 1988, as amended and restated 12.5000% 100% Created 9/28/2017 Page 1 of 3 Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: f. 9. Name and Address N.A. of Owners If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includingthe officers, stockholders, beneficiaries, orpartners: N.A. Date of Contract: Name and Address % of Ownership I I I If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. Date subject property acquired 2008 and 2004 [—]Leased: Term of lease years /months Created 9/28/2017 Page 2 of 3 Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates:_ or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final publichearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 r Agent/Owner Signature Date David B. Genson, Sr. Vice President of Barron Collier Manaeement, LLC, Authorized Agent of Creekside East, Inc. Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.callierizov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Creekside Commerce Park CPUD Goodlette-Frank Road and Immokalee Road (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Mixed Use planned unit development (MPUD) zoning. We hereby designate Q. Gradv Minor & Associates. P.A. and Coleman. Yovanovich & Koester P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, c ificates, or licenses to occupy or use any part of the planned unit development and the County may, op ongoing constr 'on activity until the project is brought into compliance with all terms, conditions and sa u r e pla ned u itdevelopment. Owner David B. Genson, Senior Vice President of Barron Collier Management LLC Authorized Agent for Creekside East Inc STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of [�hysical presence or ❑online notarization this day of q AL1 2020, by (printed name of owner or qualifier) T�fat In % r_, sr; tit Such person(s) Notary Public must check applicable box: ElAre personally known to me ❑Has produced a current driver's license , i SMIHAE.HARDY ❑ Has produced as identification. .. *A MYGOMMMSION#GG297225 oho,• EXPIRES: Jarw�y !4, 2023 Notary Signature: ,_ , �( '"°`'' BMWThmNotuyPu6lcOnd ,hm y March 4, 2020 Page 8 of 11 EXHIBIT A ALL THAT PART OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING Al' THE NORTHEAST CORNER OF SAID SECTION 27; H THENCE ALONG THE EAST LINE OF SAID SECTION 27, SOUIH 011'09'43" EAST 100.00 FEET TO A POINT THE ON THE SOUTH RIGHT-OF-WAY LlNi' OF IMMOKALEE ROAD (S,R. 846), A 100 FOOT RIGHT-OF-WAY; THENCE CONTINUE At-ONG THE, FAST LINE OF SAD SECTION 2 /, SOUTH 01-09'43" CAST 35.00' FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID EAST LINE SOUTH 01*09'43" EAST 1,179.62 F'EET; THENCE LEAVING SAID EAST LINE SOUTH 89*48'50" WEST 677.35 FEET; T14ENCE NORTH 05*35'39' WEST 72.46 FEET; THENCE NORTH, 66*42'59" FAST 17.23 FEET; THENCE NORTH 00'55'14*' WEST 69.01 FEET; THENCE NORTH 38*41'41 LAST 58.71 FEET; THENCE NORTH 50*40'23" EAST 24.41 FEET; THENCE NORTH 42*38'46" EAST 21.60 FEET; f THENCE 45.29 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 15000 FEET THROUGH A a.-_NTRAL. ANOLF OF 17*17'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 7547'08" WEST 45.12 FEET; THENCE SOUTH 84'26'05" WEST 391.04 FEET; THENCE 78.57 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVF SO) H A HAVI CENTRAL ANUF OF 90'01'44" AND NG A RADIUS OF 50.00 FEET THROUGH A C BEING SUBTENDFD BY A CHORD WHICH BEARS SOUTH 39*25'13" WEST 70.73 FEET; THENCE SOUTH 05'35'39" EAST 163,79 FEET; THENCE SOUTH 07*28'04" WEST 53,11 FEET TO A POINT ON THE EASTERLY RIGHT-OF-INAY LINE OF COOOLETTE FRANK ROAD AS RECORDED IN PLAT BOOK 13, PAGE 58, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE NORTH 05-35'39- WEST 1,250.10 FEET; THENCE LEAVING SAID LINE NOR 30*09'54' EAST 21-17 FEET; THENCE SOUTH 89'49'40" EAS F 33-52 FEET; THENCE NOrJH 00* 10'20" EAST 23.75 FEET; THENCE SOul 1-1 89'49'40" EAST 201.64 FEET; THUNCE SOUTH 05*48'50" CAST 2.01 FEET; THENCE SOUTH 89*49'40' EAST 485.Q0 FEET; THENCE SOUTH 86 3 3'19' EAST 225.15 FEET; THENCE SOUTH 89*49'40" EAS 1 130.02 FEET; THENCE NORTH OOl 0'20" EAST 30.00 FEET; THENCE SOUTH 89*49'40" LAST 60.00 FEET; THENCE SOUTH O(Y 10'20" WEST 30.00 FEEl: THENCE SOUTH a9'49'40" EAST 18.02 FEET, THENCE NORTIj 89"1 2'58 " FAST 2.00 FEET 10 A POINT ON THE EAST LANE OF Sim[) SECTION 27, AND THE POINT Of BEGINNING. CONTAINING 28.85 ACRES MORE OR LESS. SUBJECT To CASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE H.IkSED ON THE EAST LINE OF SAID SECTION 21, BEING SOUTH 01*09'43" FASi. NN Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si,n�y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER eF PUDA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Creekside Commerce Park PUD (see attached Legal Description) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) See attached list STREET ADDRESS or ADDRESSES (as applicable, if already assigned) Creekside Blvd E, Pkwy, Way, Trail, Blvd and Street, Arthrex Blvd and Immokalee Road LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way a SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Creekside Commmerce Park CPUD PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP-- or AR or PL # C0111er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Creekside Commerce Park Please Return Approved Checklist By: E Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 29331180544 Folio Number 29331193023 Folio Number (See attached for additional) Folio Number Folio Number Folio Number Approved by: V Date: 10 / 8 / 2 0 2 0 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89°45'21" East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89045'21" East 150.19 feet; 4) South 89°48'33" East 716.81 feet; 5) North 05034'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53" West 51.18 feet; thence North 2305553" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21°59'52" and being subtended by a chord which bears North 12°55'57" West 30.53 feet; thence North 05000'53" West 31.56 feet; thence North 36019'20" West 32.02 feet; thence North 56°04'35" West 35.11 feet; thence North 80°39'15" West 32.53 feet; thence North 88°39'12" West 97.78 feet; thence North 86004'40" West 45.79 feet; thence North 89°49'48" West 132.77 feet; thence North 69040'10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°59'26" West 24.66 feet; thence South 74056'50" West 121.32 feet; thence South 79049'59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound curvature; February 17, 2020 W Gradyidiinor Page 1 of 4 Legal Description. docx 1;i� ii xngfnecrs • band Surveyors • Planners •Landscape Arch]tects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com Creekside Commerce Park CPUD Legal Description thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70°46'13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and being subtended by a chord which bears South 82035'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and being subtended by a chord which bears South 84016'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°5559" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°3325" West 18.36 feet; thence South 89°39'19" West 71.63 feet; thence North 89034'56" West 36.03 feet; thence South 8600641" West 42.94 feet; thence South 83°44'16" West 26.23 feet; thence South 51°01'13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15040'05" West 20.54 feet; thence South 10054'39" West 34.64 feet; thence South 89°20'14" West 101.06 feet; thence North 10°46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00039'07" West 100.64 feet; thence South 89020'53" West 503.78 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. February 17, 2020 W Gradyilinor Page 2 of 4 Legal Description. docx 1;i� ii xngfnecrs • band Surveyors • Planners •Landscape Arch]tects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com Creekside Commerce Park CPUD Legal Description All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43" East 1189.62 feet; thence leaving said line South 89°48'50" West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLY MOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82'32'14" EAST FOR A DISTANCE OF 119.17 FEET TO February 17, 2020 W GradyMinor Page 3 of 4 Legal Description. docx i)OTiccrs • band Sorvc}nms • 111anncrs • I�andscapc Arch]tcd,5 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com Creekside Commerce Park CPUD Legal Description A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02'19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. February 17, 2020 w GradyMinor Page 4 of 4 Legal Description. docx I Aglnecrs • band Sorvc}nrs • 111anncrs • I�andscapc Arch]tcd,5 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com PARCELID � NAME1 168040106 TRAIL BOULEVARD LLLP 168042706 TRAIL BOULEVARD LLLP 22435007724 CREEKSIDE CO RCE PARK 23991198024 CREEKSIDE EAST INC 23991198040 CREEKSIDE EAST INC 29331180023 CREEKSIDE EAST INC 29331180049 CREEKSIDE EAST INC 29331180544 CREEKSIDE EAST INC 29331180560 CREEKSIDE EAST INC 29331180586 CREEKSIDE EAST INC 29331180609 CREEKSIDE EAST INC 29331180612 WHITE OAKS REAL ESTATE 29331181103 CREEKSIDE EAST INC 29331181129 CREEKSIDE EAST INC 29331181145 CREEKSIDE EAST INC 29331181161 CREEKSIDE EAST INC 29331190521 CREEKSIDE CO RCE PARK 29331190660 CREEKSIDE CO RCE PARK 29331190686 RES FLORIDA 1255 HOLDINGS LLC 29331190709 CREEKSIDE WEST INC 29331190725 RANI INVESTMENTS LLC 29331190848 UNITED STATES POSTAL SERVICE 29331193023 CREEKSIDE CO RCE PARK 29331193049 RES FLORIDA 1250 HOLDINGS LLC 29331193065 CREEKSIDE CO RCE PARK 29331193081 RES FLORIDA 1370 HOLDINGS LLC 29331193104 RES FLORIDA 1370 HOLDINGS LLC 29331193120 RES FLORIDA 1370 HOLDINGS LLC 29331193146 RES FLORIDA 1370 HOLDINGS LLC 29331193188 CREEKSIDE HOSPITALITY LLC 29331193227 RES FLORIDA 1284 HOLDING LLC 29331193243 RES FLORIDA 1265 HOLDINGS, LLC 29331194022 RES FLORIDA 1250 HOLDINGS LLC 29333000020 ARHC BSNPLFL01 LLC 29333000046 CREEKSIDE EAST INC 29334000029 RES FLORIDA 1370 HOLDINGS LLC 29334000045 RES FLORIDA 1336 HOLDINGS LLC 29331180104 REFERENCE ONLY 29331180625 REFERENCE ONLY 29331193162 REFERENCE ONLY STREETNUMBER FULLSTREET BLOCKBLDG LOTUNIT 10560 GO LETTE-FRANK RD N 008 0 10550 GO LETTE-FRANK RD N 023 O 1514 IMMO ALEE RD 1 1267 CREEKSIDE BLVD E 2 2 1 3 1 4 1 4A 1 4B 1 5 1 1285 CREEKSIDE BLVD E 5 1.1 6 1 P-1 1 P-2 1 P-3 1 1154 IMMO ALEE RD L1 1 1131 ARTHREX BLVD R 1 1255 CREEKSIDE PKWY 1 1252 IMMO ALEE RD 2 1175 CREEKSIDE PKWY 3 1130 CREEKSIDE PKWY 5 1354 CREEKSIDE BLVD R 1 1293 CREEKSIDE ST 02 1 03 1 1370 CREEKSIDE BLVD 6 1370 CREEKSIDE BLVD 7 1360 CREEKSIDE BLVD 8 9 1290 INNOVATION DR 11 1284 INNOVATION DR 13 1265 CREEKSIDE PKWY 14 1 ARTHREX WAY 4 1260 CREEKSIDE BLVD E 1 2 1 1336 CREEKSIDE BLVD 2 3 2 5 1.2 10 PUD Folio List 10-08-2020.x1s Creekside Commerce Park PUD Location Map N w S © GradyMinor 560 280 0 560 Feet Civil Engineers • Land Surveyors • Planners • Landscape Architects 3530591 OR: 3703 PG: 2304 Up DEED This Document Prepared BY And When Recorded Return To: Lee Treadwell Barron Collier Company 2600 Golden Gate Parkway Naples, FL 34105 RICORDND in OFFICIAL RNCORDS of COLLIBR COUNTY, FL 12/23/2004 at 03:12PK DWIGHT 1. BROCI, CLNRI CONS 1200000.00 RIC 111 86.50 MIXING 5.00 DOC-,10 8400.00 COPIES 10.00 Reta: LIS TRNADMNLL 2600 GOLDIN GATN PKNY NAPLIS FL 34105 (LD This DEED is made this Zr day of Q��m6 £�=, 2004, by: Barron Collier Partnership, Ltd, a Flond Ti-il a'"r hip (whose mailing address is 2600 Golden Gate Parkway, Naples, Flgr Fieremaf b� 4 Grantor TO Creekside East, Inc, a Florid, address is 2600 Golden Gate Grantor, for One Dollar whose re conveys to the Grantee, and its st in Collier County, Florida, descri ), whose mailing WITNESSE, t hereby acknow a edeeby grants, transfers and s.,and assigns, thie-tor's ownership in real property h'atand and orated Exhibit "A". TO HAVE AND TO HOLD said lands in fee simple forever. SUBJECT to easements, restrictions and reservations of record. None of the real property is the homestead of a Grantor, or any member of a Grantor's family. Each individual Grantor resides on real property other than is conveyed by this deed. Grantor conveys that Grantor's real property to Grantee without express or implied warranty. All warranties that might arise by common law and Florida Statues are excluded. BARRON COLD=R CO Rt.E NUMBER OR: 3703 PG: 2305 Signed, sealed and delivered in our presence: Witness D1,,W5 L &Witne&ss 'ame Loursr4 CS . L-) rvuS--� Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument 2004, by BARRON G. COLLIE personally known to me or has/' j (SEAL) SuunL Mom My Cwmsswn U034961� 'y of IV Expires OCMW 15. 2006 0 BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership G. Barron G. Collier artner d �} bwleclge� ode e this p �� day of A2 , a Partner, on be-' f� aid Florida partnership. He is �..p_ identification. -0 BARRON COLLTR CC)� /oLE Nu BER 3 OR: 3703 PG: 2306 Signed, sealed and delivered in our presence: BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. 0 Witness a G. Sproul, as Pript Name (-� u► sty C� , � � ��-��, �� , :�� � � Print Name 3 STATE OF FLORIDA` COUNTY OF COLLIER The foregoing instrument wa§-46 d .mie this day of , 2004, by KATHERINE G. SPROUL, A-lo the JULIET C. SPROUL TRUST under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a Partner, on behalf of said Florida partnership. She is personally known to me or has produced as identification. (SEAL) 0-e- AAM r1o;�YISAO �-. /*AATL)" Print Name rfL hU 'ER /03 OR: 3703 PG: 2307 Signed, sealed and delivered in our presence: Witness L • ✓l ��� �,„ �. �4w, % . . Print Name ., Print Name d` r STATE OF FLORIDA V COUNTY OF COLLIER ", BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. n Sproul, as Trustee klN The foregoing instrument was ack % d rgie this A?day of &&4jm 2004, by JULIET A. SPROUL, AS TRLS' _r�th JCJLIET C. SPROUL TRUST under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a Partner, on behalf of said Florida partnership. She is personally known to me or has produced as identification. SEAL 1444,.., *. ' `44t Notary SUsA�1 . MWE04 SIM L Mom Print Name My C«nrnuwn DD343616 Expm Dcwbw 15. 2= ALE NUMSER A! OR; 3703 PG; 2308 Signed, sealed and delivered in our presence: Witness Pri Name �...� Print Name g s of d STATE OF FLORIDA �. COUNTY OF COLLIER BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership By: KATHERINE G. SPROUL, JULIET A. SPROUL and JENNIFER S. SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. as Trustee The foregoing instrument waL5 c nfe this day ofA4t�--' `y _j 2004, by JENNIFER S. SULLIVAN, AS . , or the JULIET C. SPROUL TRUST under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a Partner, on behalf of said Florida partnership. She is personally known to me or has produced as identification. (SEAL) Susan L Mawn, My Con<rsssan D0343616 OF W Expm Oaf W 15. 2008 a'jGtit�J e' Aa&, Notary �. AATD-ko Print Name aF9Hov co�UER HLE NUM&R OR: 3703 PG: 2309 IN WITNESS WHEREOF, grantor has executed and delivered this deed the day and year first above mentioned. Signed, sealed and delivered in our presence: Witness DXXE L P ' t Name fitness (,o c� i S A• � , L� �LL�� Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrurner 2004, by LAMAR GABLE as a known to me or has produced _ (SEAL) Susan Maturo My Convnissm DD913616 a w+' Expires October 15, 2006 BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership Lamar Gable, Partner N d 3 day of , nership. He is personally E A4 A, h1ATt)eo au: NUMBER 0 OR: 3703 PG: 2310 Signed, sealed and delivered in our presence: BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership iV cLnce' q WitnFrances G. Villere, Partner T/,4u� L.yl yitnpn*Name ess SA- (n) k< Print Name STATE OF FLORIDA COUNTY OF COLLIER _ .. The foregoing instrument wad k`�edged bei' thisa3 day of �� 2004, by FRANCES G. VILLERP✓ a Partner, on behalf�d � lorida partnership. She is personally known to me or has,,ro($dQed a-. identification. --�--ems-� (SEAL) -w 016 s�a.n Pne`; a w ExPV" 0MOM f i. BARRON COLCLR CO / ALE NUN19ER f O OR; 3703 PG: 2311 Signed, sealed and delivered in our presence: Witness L- Vic'Aye5el P ' t Name itness L10uiS.4 O, L.L, } CEk, Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument 2004, by PHYLLIS G. ALDEN;i personally known to me or has*pi (SEAL) IN VMy Corrr NSW DD3�1 Expires October 15, 2008 BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership Phyllis . Alden artner cc f owledged bfem,thisa3 day of , .er, on behalf of Sai,'-FlRrida partnership. She is _ A as identification. �� b�4 ta&", r-1-a ALE n,i:.�N`�a Q ¢. OR: 3703 PG: 2312 Signed, sealed and delivered in our presence: Witness P . Name fitness Lousq ©, u,nu-�I Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument 2004, by DONNA G. KELLER a personally known to me or has ] (SEAL) sa,s, L Mahirp Vy• My Cmwv* wn D03i3�1, « m Expom ocfobw 15. r BARRON COLLIER PARTNERSHIP, LTD. a Florida limited partnership ahAj1a- a Lu w- Donna G. Keller, artner v�le gd de be�r' pa thJ.3 dayof&&W&V, on behalf of'sai#1 rida partnership. She is 3 �D � *** OR: 3703 PG: 2313 *** EXHIBIT "A" Legal Description of part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (1.53 acre Parcel) All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Section 27; Thence along the east line of said Section 27 South 01 °09'43" East 100.00 feet to a point the on the south right- of-way line of Immokalee Road (S.R. 846); Thence along said line South 89°12'58" West 1.48 feet; Thence North 89°49'40" West 77.73 feet to a point on the south line of additional right-of-way of Immokalee Road (S.R. 846) as recorded in Official Record Book 1747, Pages 2316 through 2322, Public Records of Collier County, Florida; Thence along said line in the following Four (4) described courses; 1. South 00110'20" West 35.00 feet; 2. North 89°49'40" West 130.02 feet; 3. North 88°33' 19" West 225.15 feet; 4. North 89°49'40" West 485.00 feet to the POINT OF BEGINNING of the parcel herein described; Thence leaving said line South 05°35'39" East 269,85_feet; Thence North 89°49'40" West 250.00 feet 1c p�►td�eeterly right-of-way line of Goodlette Frank Road as recorded in Plat Book 13, Pa. 5lic Rec�sof ,bier County, Florida; Thence along said line North 05°� 39 est 274.87 feet to a ui INathe south line of additional right- of-way of Immokalee Road (S.`. 8)°as recorded in Official Re rd Bok 1747, Pages 2307 through 2311, Public Records of Collier Coxinty oiida . Thence along said line South89°I'40�"as�50.. feet, Thence South 05°35'39" 5.0 feet, -ii� add onai�right-of-way of Immokalee Road (S.R. 846) as recorded in 0ficlaal co o1 , a esl � through 2322, Public Records of Collier County, Florida, anthe OI1T iEG E� of thparcelf leren described; Containing 1.57 acres more or less. � �, Bearings are assumed and based on the line of Section 27 bem ; Sout)�� 010 , East. ' O"r LESS: a A parcel of land located in the northeast qu of, Section 27, Townshtp 4 S4afth, Range 25 East, Collier County, Florida, being more particularly des " *',-follows; � COMMENCE at the northeast comer of Section 27,;Tts *Sbo 4 a uth, mange 25 East, Collier County, Florida; thence run N.89°48'51"W., along the north line of the -rib t- er of said Section 27, for a distance of 930.10 feet; thence run S.05°34'06"E., for a distance of 125.63 feet to a point on the southerly right-of-way line of Immokalee Road and the POINT OF BEGINNING of the parcel of land herein described; Thence continue S.05°34'06"E., for a distance of 3.02 feet; Thence run N.89°48'51 "W., for a distance of 201.64 feet; Thence run S.00°l 1'09"W., for a distance of 23.75 feet; Thence run N.89°48'51"W., for a distance of 33.52 feet; Thence run S.30° 10'43"W., for a distance of 21.21 feet to a point on the easterly right-of-way line of Goodlette Road, a 130.00 foot right-of-way; Thence run N.05°34'06"W., along the easterly right-of-way of Goodlette Road, for a distance of 45.35 feet to a point on the southerly right-of-way line of Immokalee Road; Thence run S.89°48'51 "E., along the southerly right-of-way line of Immokalee Road for a distance of 250.00 feet to the POINT OF BEGINNING; containing 1984.6 square feet, more or less. Bearings refer to the north line of the northeast quarter of Section 27, Township 48 South, Range 35 East, Collier County, Florida, as being N.89°48'51"W. Containing 1984.6 square feet, more or less Containing 1.53 acres more or less. Subject to easements, reservations or restrictions of record. _.3 CD t rfEF NU' NTER INSTR 4920262 OR 4989 PG 840 RECORDED 12/4/2013 12:37 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $61.00 INDX $2.00 Prepared by and return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., #300 Naples, FL 34103 239435-3535 File No. 3623.018 Above This Line For Recording Datal This Corrective Deed is being recorded to correct the legal description contained in that Deed recorded in O.R. Book 3703, Page 2314, Public Records of Collier County, Florida. Corrective Deed This Corrective Deed made this 4`h partnership; Patrick George, Trustee oft, C Jtiliet C. SprouhFaui III, whose mailing address is 2600 Gol`detGate Parkway, Naples, F a Florida corporation, whose post ofceAddE;semis'2- -Goldo Gate (Whenever used herein the terms "gran, legal representatives, and assigns !flf i trustees) Ve Witnesseth, that said grantor, for an i 'consideration of the. �J r other good and valuable consideration �i4 grantor in hand p acknowledged, hereby grants, transfers a id ohveys to said gran right, title, interest, claim and demand whiattlaasanaand being in Collier County, Florida to -wit: _' $ SEE ATTACHED EXHIBIT A To Have and to Hold, said lands in fee simple forever. Subject to easements, restrictions and reservations of record. G-4 Partnership, a Florida general 1~nheritance Trust and Barron Collier 10, grantor, and Creekside East, Inc., rky, Naples, FL 34105, grantee: to this instrument and the heirs, gns of corporations, trusts and P N0/100 DOLLARS ($10.00) and rantee, the receipt whereof is hereby Lee's heirs and assigns forever, all the ing described land, situate, lying and None of the real property is the homestead of a Grantor, or any member of a Grantor's family. Each individual Grantor resides on real property other than is conveyed by this deed. Grantor conveys the real property described herein to Grantee without express or implied warranty. All warranties that might arise by common law and Florida Statutes are excluded. OR 4989 PG 841 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: G-4 Partnership, a Florida general partnership Witness Name: To s4(sar 6, STm1(-k r;- \ By: Print Name LAM6R G0 Its: A,,+ oriva trot' State of Flbd. ei County of Cb 1 k ie r The foregoing instrument was Florida general partnership, on be as [N as v. before me this s� CY, H w Notary Pn�bd c vrerv%bEr , 2013 by of G-4 Partnership, a known to me or L] has produced 10M D. DAVIOSON WCO SSIONIDDSM9 h pt .-Name: r%H R DAADSO � EXPIRES: February 19, 2014 w. Bonded Thru Notary PubNc Underwriters My Commission Expires: a�1c1' ��4 Corrective Deed - Page 2 OR 4989 PG 842 G-4 Partnership, a Florida general partnership Wit ess e: Witness Name: 'i;abcr'� STrztW.> State of flpKj&A County of Collier The foregoing instrument was acknowledged before me thi md 1e ti F4 . PMa z > as A u-i4va ,-d Florida general partnership, on behalf of said partnership;,, y as identification [Notary ■ r � IaM D. DAVID$�`°;a ; ,., e MY COMMISSION t B EXPIRES: February 1 Bonded Thru Notary Putric s A" day of �rP m ber , 2013 by pr+ of G-4 Partnership, a who. is personally known to me or [-_] has produced My Commiss t � � D. DAVIDSON Z- la- Zol�l Corrective Deed - Page 3 OR 4989 PG 843 �[ G�- Wi essName: are, 4.,/4r Barron G. Collier, III, Individually Witness Name: TA+.P o'k 67. Stocrlr State of F(nri c)r,. Countyof C o l l is r 2�a The foregoing instrument was knowledged before me this 3 day of .fcPrr.lorr , 2013 by Barron G. Collier, III, who is personally known to me or [ ] has produced as identification. [Notary KIM D. DAVIE MY COMMISSION # EXPIRES: Feteuai Balled Tin Notary Put `Cr b� My Cmm>sion,a>jres: -0— l c1" ZO . a .. !i A D. DAVIDSON Carectivr Deed - Paged T OR 4989 PG 844 Wit ess e: 'All )w 1.01 Witness Name: Patrick George, rustee of the Juliet C. Sproul Family Inheritance Trust State of FlOfik County of r-ol j',F r The foregoing instrument was acknowledged before me this 2`� day of 'ber 2013 by Patrick George, Trustee, of the Juliet C. Sproul „Famifi --Inheritance Trust, who is personally known to me or j has produced S fdt t o t o [Notary { sl IN Y P blt ti>Yeon+sslorv�a Pn�ed Name EXPIRES: FebruaW%10� 14 Bonded Tluu Notary Pub� ,U, My Cotruyss r9 D. DAViDSC;P! I.r%xpires: g-19- 20Iq Corrective Deed - Page/(r OR 4989 PG 845 Exhibit A Description of Part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (27.32 Acre Parcel) All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Section 27; Thence along the east line of said Section 27 South 0 V09'43" East 100.00 feet to a point on the south right-of-way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Thence continue along the east line of said Section 27, South 01109'43" East 1214.62 feet; Thence leaving said line South 89148'50" West 677.35 feet; Thence South 05135'39" East 229.90 feet; Thence South 90100'00" West 400.12 feet to a point on the easterly right -of way line of Goodlette Frank Road as recorded in Plat Book 13, Page S&,..Public-Records of Collier County, Florida; Thence along said line North 05135'39" Westl fet; Thence leaving said line South 89°49'40' 0 0 00 het,r Thence North 05135'39" West 269.80'e a point on the south lha additi231 throu through Immokalee Road (S.R. 846) as recdrded"in Official Record Book 174 pag2316 through 2322, Public Records of Collier County, Flofi`da, —� Thence along said line in the followi�g four (4)"scribedd courses; 1 South 89°49'40" East 485 feet; �< _�` ", �P—� y 2 South 88133'19" East 225.151feetle I 3 3 South 89149'40" East 130.02fat`�, ;� NO 1 4 North 00010120" East 35 feet 2 a oirb°t"on the So77tiii f-wafA�o esidlmmokalee Road (S.R. 846); ; Thence along said line South 89° ; East 77.73 feet; the east line of said Thence continue along said line N`8OP,12 58' East 1.48 feet to apdit on Section 27 and the POINT OF BEG the parcel hereind bed; Containing 31.22 acres more or less; LESS A parcel of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: COMMENCE at the northeast corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence run S 01 109'43" E, along the east line of the Northeast '/. of said Section 27, for a distance of 1,090.50 feet; thence run S 89148'50" W for a distance of 594.85 feet to the POINT OF BEGINNING of the parcel herein described: Thence run S 4213846" W for a distance of 21.60 feet; Thence run S 50140'23" W for a distance of 24.41 feet; Thence run S 38°41'41" W for a distance of 58.72 feet; Thence run S 00°55' 14" E for a distance of 69.01 feet; Thence run S 66°42'59" W for a distance of 17.23 feet; Thence run S 05135'39" E for a distance of 301.69 feet; Thence run S 90°00'00" W 400.12 feet to a point on the easterly right-of-way line of Goodlette Frank Road (C.R. 851), a 130.00 foot wide right-of-way, as the same is shown on the Plat of Frank Boulevard according to the Plat thereof recorded in Plat Book 13 at Page 58 of the Public Records of Collier County, Florida; Thence run N 05°35'39" W, along the easterly right-of-way line of Goodlette-Frank Road, for a distance of 134.59 feet; Thence run N 07°28'04" E for a distance of 53.10 feet; Thence run N 05135'39" W for a distance of 163.79 feet to the beginning of a tangential circular curve, concave southeasterly; Corrective Deed - PageRl 6 *** OR 4989 PG 846 *** Thence run northeasterly, along the arc of said curve to the right, having a radius of 50.00 feet, through a central angle of 90°01'44", subtended by a chord of 70.73 feet at a bearing of N 39°25'13" E, for a distance of 78.57 feet to the end of said curve; Thence run N 84°26'05" E for a distance of 391.04 feet to the beginning of a tangential circular curve, concave northerly; Thence run easterly, along the arc of said curve to the left, having a radius of 150.00 feet, through a central angle 179 T54", subtended by a chord of 45.12 feet at a bearing of N 75°47'08" E, for a distance of 45.29 feet to the POINT OF BEGINNING; containing 3.869 acres, more or less; LESS A parcel of land located in the Northeast quarter of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: COMMENCE at the northeast comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida, thence run S 01108'54" E, along the east line of the northeast quarter of said Section 27, for a distance of 100.03 feet to a point 100.00 feet southerly of, as measured at right angles to, the easterly prolongation of the north line of the northeast quarter of said Section 27, the same being a point on the southerly right-of-way line of Immokalee Road and the POINT OF BEGINNING of the parcel of land herein described; Thence continue S 01°08' 54" E, alon "i e s lrrte f-thg northeast quarter of said Section 27, for a distance of 35.01 feet to a pouf4� 1le so�} 'as measured at right angles to, the easterly prolongation of the north link glfle�2fortheast quarter irf�tion 27; Thence run N 89°48 51 W, ' arallel with the north line of I} ort east quarter of said Section 27 for a distance of 20.03 feet t� a poritvonthe•eass�terly boundary of eas ent recorded in OR Book 616 at Page 1912 of the Public Re0ords,�Of C ki l ounty -Flo rti a Thence run N 00° 11'09' E )al e eJ It ,nda aof satd e eme t, for a distance 30.00 feet; Thence run N 89°48't51 � � p#a g'v�th e o� ne of tl tY0 east, quarter of said Section 27, for a distance of 60.00 fe t to oirtt onIthe(w to l} b6 d'art' i lid 0asement recorded in O.R. Book 616 at Page 1912 of the Pui{iod dfotr,oWnt�gFlona, 1 Thence run N 00° 11 Or along the westerly b6" ary o saia eminent, for a distance of 5.00 feet to the northwest corner of si4? ement and a point 100 ;eet s�ut)te�l;gf, as measured at right angles to, the north line of the northc s f gdarter of said Section 27; � sa'tno g a point on the southerly right-of-way .n line of Immokalee road, " Thence run S 89°48'51" E; l 4)hq southerly right -of -,a"- 4,n of Immokalee Road, for a distance of 79.22 feet to the POINT OF BEGINI[�1G Containing 27.32 acres, more or less Subject to easements and restrictions of record Bearings are assumed and based on the east line of Section 27 being South 01 °09'43" East. Corrective Deed - Paee$ 7 INSTR 5155230 OR 5180 PG 844 RECORDED 7/31/2015 4:07 PM PAGES 68 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $579.50 This Instrument prepared by and after recording return to: Matthew L. Grabinski, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 DECLARATION OF CONDOMINIUM OF CREEKSIDE CORNERS CONDOMINIUM, A COM 11► INIUM This Declaration of Condttitfnium of Creekside C riers,Condominium, a Commercial Land Condominium (the "Declaratf69is; made this, s,' day of July, 2015 by Creekside East, Inc., a Florida corporation (the "D,eclarant�,fop.its�elf an 4 fits sucaess�rs, grantees and assigns. certain real property, condominium form of c the fee simple interest in said real property to the 1arations: Creeksi rners Con dominf6h (4,, faiflmercial Land Condominium shall be a Commercial Land C icium initially contai (2) Units, as set forth herein. In addition to the terms hereof, thi r9' um.wandlp , claration shall be subject to the Amended and Restated Declaration of. atlrnsQodfins and Restrictions and Reservation of Easements for Creekside Commerce Pork- recorded in Official Records Book 4998 page 3936 of the Public Records of Collier County, Florida (the "Master Declaration"), and the Articles and By -Laws of the Creekside Commerce Park East Property Owners Association, Inc., all as may be amended from time to time. The Master Declaration grants to the Master Association, which is formed for the purpose of enforcing the provisions of the Master Declaration, the right to collect assessments from the owners of Lots (as that term is defined in the Master Declaration). The assessments established by the Master Association are used for the improvement, maintenance, enhancement and operation of the Master Association property (as described in the Master Declaration) and to provide services which the Master Association is authorized or required to provide, including, but not limited to, the payment of taxes and insurance on the Master Association property, construction of improvements, repair or replacement of Master Association property, and for such other purpose reasonably related to the carrying out of the authorized functions and purposes of the Master Association. The amount of the assessments is set by the board of directors of the Master Association and the assessments are allocated among the owners of lots in Creekside Commerce Park East. All Owners of Units within this Condominium will be required to pay, as part of the Common Expenses of the Association, assessments due the Master Association. OR 5180 PG 845 2. LAND OWNERSHIP. The Declarant owns and intends to develop a commercial land Condominium to be known as Creekside Corners Condominium, a Commercial Land Condominium (the "Condominium") on the real property parcel situated in Collier County, Florida and being more particularly identified and described as follows (the "Land"): SEE EXHIBIT "A", ATTACHED HERETO 3. SUBMISSION STATEMENT. Declarant hereby submits the Land, as described in Exhibit "A", and all easements, rights and appurtenances belonging thereto, to the condominium form of ownership and use in the manner provided by the Florida Condominium Act as it exists on the date of the recording of this Declaration, excluding therefrom, however, all fixtures, buildings and all improvements (including, without limitation, parking lot improvements, signage and buildings), any public or private utility installations, cable television lines, and other similar equipment that are owned by the entity furnishing such services to the Condominium. The covenants and restrictions contained in.._this_13eclaration shall run with the land and be binding upon and inure to the benefit cafTareit ai future Owners of Condominium Parcels. The acquisition of title to a Unit, of frtl r ��ndominium Property, or the lease, occupancy, or use of any portio 6f the Condommium Rro shall constitute in acceptance and ratification of all provisions oiis Declaration as it may ended from time to time, and shall signify agreement to be bound ivy — terms. 4. NAME AND' ADDRESS `Th6 `name�C' fxioh this Condominium shall be identified is CREEKSIDE CORNERS COWDOIU)INI�JM r`nmercial Land Condominium. The street address for this Con4r ri ' r abkalee f�ia I I s, Florida 34110. ' .zf 5. DEFINITION fJ e terms used in this Declaration `a1nd its exhibits shall have the meanings stated below and in apter 718, Florida Statutes, (the "Condominium Act"), unless the context requires otherwise. A �- ,`;r 5.1 "Articles" or "Articles bf"`lrcorperai':hall mean and refer to the articles of incorporation of the Association, attached herefo as Exhibit "C", as amended from time to time. 5.2 "Assessment" shall mean and refer to a share of the funds required for the payment of Common Expenses which from time to time is assessed against the Units. 5.3 "Association" shall mean and refer to CREEKSIDE CORNERS CONDOMINIUM ASSOCIATION, INC., a Florida not -for -profit corporation, the entity responsible for the operation of this Condominium. 5.4 "Association Property" shall mean and refer to all property, real or personal, owned or leased by the Association for the use and benefit of the Unit Owners. 5.5 "Board of Directors" or "Board" shall mean and refer to the representative body which is responsible for the administration of the Association's affairs, and is the same body referred to in the Condominium Act as the "Board of Administration". 5.6 "Building" shall mean and refer to any building constructed within a Unit. 2 OR 5180 PG 846 5.7 "Bylaws" means the Bylaws of the Association, attached hereto as Exhibit "D", as amended from time to time. 5.8 "Common Elements" means all of the real property submitted to this Declaration that is not within the Unit boundaries set forth in Section 6.2, below. The Common Elements are defined more particularly in Section 8.1, below. 5.9 "Common Expenses" means all expenses properly incurred by the Association in its performance of its duties, as set forth more particularly herein. 5.10 "Common Surplus" means the amount of all receipts or revenues, including Assessments, rents or profits collected by the Association which exceeds Common Expenses. 5.11 "Condominium" shall mean.. -.and refef to the commercial land condominium created by this Declaration., 5.12 "Condominiur recorded exhibits hereto, 5.13 "Condom Common Elements 5.14 "Condomii ownership by this C excluding all vertical i Docents" shall mean air amended --from time to time. and all easemts and,`r nts located thereby r this Declaration and all undivided share in the the condominium form of appurtenant thereto, but 5.15 "Declaration" shaii,,,�[� . and refer w$o th e Declaration of Condominium of Creekside Corners Condomini b e +a �balhd°Condominium, as amended from time to time. 5.16 "Institutional Mortgagee" shall mean and refer to the mortgagee (or its assignee) of a mortgage against a Condominium parcel, which mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust. 5.17 "Invitees" means, customers, clients, patients, delivery persons, employees and all others who have reasonable cause to enter the Condominium/ property in connection with the business of any Unit Owner or lessee. 5.18 "Land" shall mean and refer to the real property described in Exhibit "A" attached hereto, and any other real property added to the Condominium pursuant to the provisions hereof. 5.19 "Lease" shall mean and refer to the grant by a Unit Owner of a temporary right of use of the Owner's Unit for valuable consideration. 5.20 "Limited Common Elements" shall mean and includes those Common Elements which are reserved for the use of a certain Unit or Units to the exclusion of other Units. 3 OR 5180 PG 847 5.21 "Master Association" Creekside Commerce Park East Property Owners' Association, Inc., a Florida not -for -profit corporation. 5.22 "Master Declaration" shall mean the Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Creekside Commerce Park East recorded in Official Records Book 2388, page 0336, of the Public Records of Collier County, Florida, an all amendments thereto. 5.23 "Owner" shall mean and refer to the record holder of title to a Unit. 5.24 'Percentage Interest" shall mean and refer to each Unit Owner's undivided ownership interest in the Common Elements and Common Surplus, as set forth in Section 7.1, below. 5.25 "Rules and Regulations" .shaft a and refer to the rules and regulations that may be promulgated by the Board if w ,�erthe use of the Common Elements and the operation of the Associtt",— 5.26 "Unit" shall have Condominium Act, subject to, t 5.27 "Voting Ir Unit, which shall be Common Surplus. C1 UNITS. as the term "Unit" is defined in the ation. °, ation members for each Common Elements and 6.1 Survey and Plot Plan.,. attached t` Ag' part of Exhibits "A" and °B", and incorporated by reference herein, are..A..]5. y'of the Land, and a plot plan, which graphically describe the location and dimensions of the Units, including their identification numbers, locations and approximate dimensions and the Common Elements and Limited Common Elements (if any). The Condominium is described in Exhibit "A", attached hereto. Exhibit "B" contains the legal description of Unit 1 and Unit 2. Together with this Declaration, the Exhibits are in sufficient detail to identify each Unit, the Common Elements, Limited Common Elements, and their relative locations and dimensions. No Unit bears the same designation as any other Unit in the Condominium. 6.2 Unit Boundaries. The perimeter boundaries of each Unit are as depicted on Exhibit "B". There are no upper or lower boundaries for either Unit. 6.3 Utilities. The Unit shall not be deemed to include any pipes, wiring, ducts or other utility installations that are physically within the above -described boundaries, 6.4 Unit Identification. Exhibit "B" to this Declaration sets forth the Units in the Condominium. Each Unit is designated by a one (1) digit identifying number, as shown on Exhibit "B". The aforesaid identifying number, shall legally identify the applicable Unit. OR 5180 PG 848 7. CONDOMINIUM PARCELS; APPURTENANCES AND USE. 7.1 Percentage Interests. Each Unit Owner's Percentage Interest shall be calculated by dividing: (A) the total minimum number of parking spaces required to accommodate the parking requirements for the actual use of the respective Unit (per applicable code, as may be modified by a Collier County -approved shared parking analysis), by (B) the total minimum number of parking spaces required to accommodate the minimum parking requirements for the actual use of both Units (per applicable code, as may be modified by a Collier County -approved shared parking analysis). Initially, the Percentage Interest of Unit 1 shall be 64% and the Percentage Interest of Unit 2 shall be 36%. The Association shall, once Unit 2 is developed (as evidenced by a certificate of occupancy for the yet -to -be built building on Unit 2) to record a supplement to this Declaration (without needing the consent of either Owner nor any mortgagee holding a mortgage encumbering either Unit) ,jor-_the,.,purpose of adjusting the Percentage Interests accordingly, and such ..amr}eit allbe binding on both Unit Owners unless based on erroneous inftrt(�or othen7trisnurate information. 7.2 Appurte and own a certain following: 7.2.1 An Common S of etch Unit shall have certain rights pperly;�: including without limitation the =`�oWhi sKipc`--sf� re �e mmon Elements and the specifically setfG in ec�#OL1 above. 7.2.2 Member$j1 p and voting rights in the Association, which shall be acquired � and exercised asded.in the Articles ofj i ©rporation and Bylaws. 7.2.3 The exclusive nghfio-�etC-�ited Common Elements reserved for the Unit, and the non-exclusive right to use the Common Elements. 7.2.4 Other appurtenances as may be provided in this Declaration and its exhibits. 7.3 Use and Possession. An Owner is entitled to exclusive use and possession of his or her Unit (subject to the terms hereof and any easements reserved herein), and is entitled to use the Common Elements in accordance with the purposes for which they are intended. All uses shall be permitted as long as such uses are in compliance with all applicable zoning, land usage laws and regulations and the Master Declaration. 8. COMMON ELEMENTS; EASEMENTS. 8.1 Definition. The term "Common Elements" means all of the property submitted to this Declaration that is not within the Unit boundaries set forth in Section 6.2 above. The Common Elements include, without limitation, the following: 8.1.1 Those portions of the Land (if any) not included in a Unit. OR 5180 PG 849 8.1.2 All Limited Common Elements (if any). 8.1.3 Easements through the driveways located from time to time on each Unit for access to other Units, and easements for furnishing utility services to the Unit and other Units and to the Common Elements (if any). 8.2 Easements. Each of the following easements and easement rights is reserved through the Condominium Property, is a covenant running with the land, and, notwithstanding any provision herein to the contrary, may not be revoked and shall survive the exclusion of any land from the Condominium. None of these easements may be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any lien encumbering these easements shall automatically be subordinate to the rights of Owners with respect to such easements. 8.2.1 Utility and other Easements: The Association has the power, without the joinder of any Unit Own "r, t a t, ,�rp -or move easements such as electric, gas, cable televisitr oifiFier ufilitjrce easements, or relocate any existing easements Jh any portion of th' mon Elements or Association Property, and/to gr t._ac ess easements .or relocate any existing access easements in,,'any/poit,pf tW'Common Elements or Association Property, as the Association shalt djeer- ce ��s le r the proper operation and maintenance of e o do i 3,119c!),a rite ts, pr the relocation of existing �easements;aytno prvettr onblyrmtrfee with the use of the Units. The Associo r::.lo.arsfrMe tc�utyelated equipment, facilities or material, andTq%' ake any other actid to sotisf i requirements of any utility company or mental agency to�-, „ cf an ,iuich utility related equipment, facilities or mat t �e to be so transfefr r' 8.2.2 Encroachme`ntr;. rCeathes upon any of the Common .. .yam Elements or upon any--" I nifc reason other than the intentional act of the Owner of such Unit, or if any - Common Element encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 8.2.3 Ingress, Egress and Parking Easement. A non-exclusive easement shall exist in favor of each Owner and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through, and across sidewalks, streets, common parking spaces, driveways, paths, walks, and other portions of the Units as may from time to time be designated, altered and/or re -configured for such purposes and uses by the Owner of such Unit, for reasonable vehicular and pedestrian ingress and egress, including shared parking except with respect to any Reserved Parking Spaces as hereafter defined. For purposes of this Declaration, each Unit Owner shall have the right, from time to time, to designate up to (but not more than) ten percent (10%) of the Required Parking Spaces located anywhere within the boundaries of such Owner's Unit, as reserved parking spaces (in each instance, "Reserved Parking Spaces"), and in such event, such Reserved Parking Spaces shall only be used by the Owner of the respective Unit and/or its express designees (such as a specific tenant of such Owner). An Owner may designate, un-designate and/or relocate from time to time such Reserved Parking Spaces, by placing appropriate signage at such 0 OR 5180 PG 850 spaces indicating that such parking spaces are "Reserved". For purposes hereof, as to each Unit, the number of "Required Parking Spaces" for such unit shall be calculated by dividing the total non -medical commercial square footage developed on such Unit by 250 square feet and by dividing the total medical square footage developed on such Unit by 200 square feet) 8.2.4 Reciprocal Monument Signage Easements. Shared monument signage easements are hereby established over those portions of Unit 1 and Unit 2 depicted on Exhibit "E", attached hereto. In each instance: (a) the Owner of Unit 1 shall pay for 1/3rd of the costs and expenses of designing and constructing such signage, and the Owner of Unit 2 shall pay for 2/3rds of such costs, and (b) the Owner of Unit 1 (and its designees) shall be entitled to the use of the lower 1/3 of each fagade of such monument signage, and the Owner of Unit 2 (and its designees) shall be entitled to the use of the upper 2/3rds of each fagade of such monument signage. 8.2.5 Construction a tenance The 6( contractors) shalf'f LCfie right to enter tie';! action reasonably 6;�Cessar y or convenient construction thereof, mded—such activity interfere with the/ use Aor gbjp r nt by the Property. 8.2.6 Declaill nt'0RibhVt6,Gr,& t Easbm which the D00, nt has any ownershil shall have the ri , "t1to grant such elect drainage, cabler-�Wision, access, ma and to relocate a r,�xisting easements and to grant access-e s.�ad in any portion of the G�brtt kl r� or desirable. nt (including its designees and iominium Property and take any the purpose of completing the �s not prevent or unreasonably it Owners of the Condominium M E11 larant, during any period in tires# �r he Condominium Property, 3ph'`gas, water, sewer, irrigation, anc.°`signage or other easements, b6rtion of the Common Elements �t6 in the existing access easements the Declarant shall deem necessary 8.2.7 Association's Access to Units. The Association has an irrevocable access easement to each Unit, during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements or of any portion of a Unit (if any) to be maintained by the Association pursuant to the Declaration, or as necessary to prevent damage to the Common Elements or to one or more Units. The exercise of the Association's rights of access to the Unit shall be accomplished with due respect for the rights of occupants to privacy and freedom from unreasonable annoyance, as well as with appropriate precautions to protect the personal property within the Unit. The Association may retain a key to all Units. If a Unit Owner alters any lock, or installs a new lock, the Unit Owner shall provide the Association with a key. 8.2.8 Master Declaration: Plat. The Land included within Condominium is also subject to certain reservations, restrictions and easement reserved and dedicated on the plat for Creekside Commerce Park East (Plat Book 54, page 84-86) and/or reserved in the Master Declaration. OR 5180 PG 851 8.2.9. Specific Access Easement. Without limiting the generality of Section 8.2.3, above, a non-exclusive easement for pedestrian and vehicular ingress and egress (including maintenance and construction vehicles) is hereby established over those portions of Unit 1 identified in Exhibit "F", attached hereto, in favor of the Owner of Unit 2 and its tenants, licensees, invitees, guests. The foregoing easement shall be an appurtenant to Unit 2, and shall run with title to Unit 2. 8.3 Restraint Upon Separation and Partition. The Percentage Interest appurtenant to a Unit cannot be conveyed or encumbered separately from the Unit and shall pass with the title to the Unit, whether or not separately described. As long as the Condominium exists, the Common Elements cannot be partitioned. The shares in the funds and assets of the Association cannot be assigned, pledged or transferred except as an appurtenance to the Units. 9. LIMITED COMMON connected to or exclusively serves and is required in Section 12 of thi, the expense of the Unit Owner(s)," the Unit or Units. Due to the nat� there will be few, if any, Limited CIO 10. ASSOCIATION. ipi Condominium Association,"' Inc'4 function pursuant to the folk Vvi, MENTS:w-,.Any part of the Common Elements that is ri=sige'7; t�r more but less than all of the Units), a iori %"b6,*4!*aned, repaired or replaced by or at be deemed a Lime mmon Element appurtenant to tNs land Condomi m he Declarant anticipates that a. Elements. Operated by Creekside Corners poration, which shall perform its 10.1 Delegation of M rlagement. The Asso lioh qia7y contract for the management and maintenance of the Cmmium Property (an 1ikny.rmprovements located thereon for which the Association is spiisible for maintainin ),! employ a licensed manager or management company to assistth ti rn'rying out its powers and duties by performing such functions as the- f o_Iproposals, collection of Assessments, keeping of records, enforcement of rules a id -maintenance, repair and replacement of the Common Elements with funds made available by the Association for such purposes. The Association and its officers however, shall retain at all times the powers and duties provided in the Condominium Act. 10.2 Membership. The membership of the Association shall be the record Owners of legal title to the Units, as further provided in the Bylaws. 10.3 Acts of the Association. Unless the approval or affirmative vote of the Unit Owners is specifically made necessary by some provision of the Condominium Act or these Condominium Documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the Owners. The officers and directors of the Association have a fiduciary relationship to the Owners. An Owner does not have the authority to act for the Association by reason of being an Owner. 10.4 Powers and Duties. The powers and duties of the Association include those set forth in the Condominium Act and the Condominium Documents. The Association may contract, sue, or be sued with respect to the exercise or non -exercise of its powers and duties. For these purposes, the powers of the Association include, but are not limited to, the OR 5180 PG 852 maintenance, management, and operation of the Condominium Property and Association Property. The Association may impose fees for the use of Common Elements or Association Property. The Association has the power to enter into agreements to acquire leaseholds, memberships and other ownership, possessory or use interests in lands or facilities, regardless of whether the lands or facilities are contiguous to the Condominium. 10.5 Official Records. The Association shall maintain its official records as required by law. The records shall be open to inspection by members or their authorized representatives at all reasonable times. The right to inspect the records includes a right to make or obtain photocopies at the reasonable expense of the member seeking copies. 10.6 Purchase of Units. The Association has the power to purchase one or more Units in the Condominium, and to own, lease, mortgage, or convey them, such power to be exercised by the Board of Directors. 10.7 Acquisition of Property: real and personal. The power, t�i of Directors. Unless otherwise ownership interests in real pro i after unanimous approval of the fullest extent coming by iaw, %thf owned by it, or any easemei orit and the Association shall b9 requ shall be effective upon -rebbrdinj Records of Collier Counj<Aprida. 1§i �$gthe power to acquire property, both ersora� shall be exercised by the Board provided elsewhere herein, the power to acquire be exercised 'by the Board of Directors, but only erest&i- otwith§tanding the foregoing and to the iha a t e ioht to convey title to any property 10r ; tot a sociation as Association Property, I c €conveyance. Any such conveyance s insttj�enif conveyance in the Public 10.8 Disposition of aierty. Any property 6 _d`b the Association, whether real, personal or mixed, may be mortgaged, sold, leased or ot�eiwise encumbered or disposed of by the affirmative vote of a majority of-i-jFtkae i rd of Directors, without need for authorization by the Owners. 10.9 Roster. The Association shall maintain a current roster of names and mailing addresses of the Owners, based upon information supplied by the Owners. A copy of the roster shall be made available to any member upon request. 10.10 Limitation on Liability. Notwithstanding its duty to maintain and repair Condominium or Association Property, the Association shall not be liable to individual Unit Owners for personal injury or property damage caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements, Owners or other persons. 10.11 Member Approval of Certain Litigation. Notwithstanding any other provision of the Condominium Documents, the Board of Directors shall be required to obtain the prior approval of 100% of the Voting Interests prior to the payment of, or contracting for the payment of, legal fees to any person engaged by the Association for the purpose of commencing any lawsuit, other than for the following purposes: 10.11.1 the collection of Assessments; 10.11.2 the collection of other charges which Owners are obligated to pay; 9 OR 5180 PG 853 10.11.3 in an emergency, when waiting to obtain the approval of the members creates a substantial risk of irreparable injury to the Association or its members: or 10.11.6 filing a compulsory counterclaim. 11. ASSESSMENTS AND LIENS. The Association has the power to levy and collect Assessments against each Unit and Unit Owner in order to provide the necessary funds for proper operation and management of the Condominium and for the operation of the Association. This power includes both "regular" Assessments for each Unit's share of the common expenses as set forth in the annual budget, and "special" Assessments for unusual, nonrecurring or unbudgeted Common Expenses. The Association may also levy special charges against any individual Unit, for any amounts, other than for Common Expenses, which are properly chargeable against such Unit(s). Assessments shall be levied and payment enforced as provided in the Bylaws, and as follows:, 11.1 Common Expensed � lxpelrrsclude the expenses of management, operation, maintenance, re0 YV- eplacement or insurance of the Common Elements and Association Property, the,exp"nes-of operating the Association, and any other expenses properly incurred by the,ssq°craifor the Condominium, including amounts budgeted for the purpose of funding r6se a�.cPun aly),..��. 11.2 Share of Comm n Expebsis. jTIJe er f �aO U t shall be liable for a share of the Common Expen 6sa >6 ha �. Ownrar.`i he Common Elements and the Common Surplus, a forth in Section 7 ` ove Noiv� , tanding the foregoing, with respect to the portion o ttai►lmon Expenses af�#autable• t assessments due the Master Association, if a Unit has rte3 i�een improved (as eiden,i�'a Certificate of Occupancy for a building shell), then the Owner of such Unit,,,, II vertheless be liable for the assessments levied by the Mas'�A mantti ruble to such Unit, based upon the total land area of such Unit. In additi eC -b inium Association shall have the right, in its commercially reasonable discretion,'fo determine the point in time that the owner of a previously vacant Unit shall become liable for such Owner's share of all Common Expenses (even if Collier County has not yet issued a certificate of occupancy for the shell of the building to be or being constructed on such Owner's Unit), based upon the level and types of maintenance services that the Condominium Association has determined are required for such vacant Unit. (for example, if landscaping has been planted on a Unit that is being improved with vertical improvements, and the Association has assumed responsibility for maintaining such landscaping, then the Condominium Association shall have the right to declare that the owner of such Unit is liable for Common Expenses). 11.3 Ownership. Assessments and other funds collected by or on behalf of the Association become the property of the Association; no Owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his Unit. An Owner shall not be entitled to withdraw or receive distribution of his share of the Common Surplus, except as otherwise provided herein or by law. 11.4 Who is Liable for Assessments. The Owner of each Unit, regardless of how title was acquired, is liable for all Assessments or installments thereon coming due prior to or while he is the Owner. Multiple Owners are jointly and severally liable. Except as provided in Section 20.3, below (as to certain first mortgagees), whenever title to a Condominium Parcel 10 OR 5180 PG 854 is transferred for any reason, the new Owner is jointly and severally liable with the previous Owner for all Assessments which came due prior to the transfer and remain unpaid as of the date of the transfer, without prejudice to any right the new Owner may have to recover from the previous Owner any past -due amounts paid by the new Owner. 11.5 No Waiver or Excuse from Payment. The liability for Assessments may not be avoided or abated by waiver of the use or enjoyment of any Common Elements, by abandonment of the Unit on which the Assessments are made, or by interruption in the availability of the Unit or the Common Elements for any reason whatsoever. No Unit Owner may be excused from payment of his share of the Common Expenses unless all Unit Owners are likewise proportionately excused from payment, except as otherwise provided in Section 20.3, below (as to certain first mortgagees). 11.6 Application of Payments; Failure to Pay: Interest. Assessments and installments thereon paid on or before ten (10) days --after .tite date due shall not bear interest, but all sums not so paid shall thereafter b a' t e ty t o highest rate allowed by law, calculated from the date due until paid. T aiionmay fi rge an administrative late fee, in addition to such interest, of,tfe greater of Twenty Eve Dollars ($25.00) or five percent (5%) of each delinquent instatiment —fgr which the payment is late. Assessments and installments thereon shall beconxe . e, and the! t)nit Owner'shall become liable for said Assessments or installment'q t e di e 4 fsh d in th6 Bylaws or otherwise set by the Board of Directors for pay rnfp y e1i r"hall, be applied first to interest, then to late payment ;fee dourt cst di_atfor fes, and finally to delinquent Assessments. No paym cent nollhe check has cleared. 11.7 Acceleration 1f qy Assessment or ah A'ment as to a Unit is unpaid thirty (30) days after the dLl' elate, the Assoc iatio;auie'the right to record a Claim of Lien for the unpaid amount OerPpon the recordati Claim of Lien, the Association shall thereafter have the right to acce`,!ate t" t�f t 'entire unpaid balance of the Unit's Assessments for that fiscal year he dteirl! accelerated amounts shall be the date the Claim of Lien was recorded in the pub llerds. The Association's Claim of Lien shall secure payment of the entire accelerated obligation, together with interest on the entire balance, attorneys' fees and costs as provided by law; and said Claim of Lien shall not be satisfied or released until all sums secured by it have been paid. The right to accelerate shall be exercised by sending to the delinquent Owner a notice of the exercise, which notice shall be sent by certified or registered mail to the Owner's last known address, and shall be deemed given upon mailing of the notice, postpaid. The notice may be given as part of the notice of intent to foreclose, as required by Section 718.116 of the Condominium Act, or may be sent separately. 11.8 Liens. The Association has a lien on each Condominium Parcel securing payment of past due Assessments, including interest and attorneys' fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien, whether before, during or after a lien foreclosure suit. The lien is perfected upon recording a Claim of Lien in the Public Records of Collier County, Florida, stating the description of the Condominium Parcel, the name and address of the Association, the name of the record Owner, the Assessments past due and the due dates. The lien shall be executed and acknowledged by an officer or authorized agent of the Association and shall remain in effect until barred by law. The Claim of Lien secures all unpaid Assessments that are due and that may accrue after the claim of lien has been recorded and through the entry of a final OR 5180 PG 855 judgment of foreclosure, as well as interest and all reasonable costs and attorneys' fees incurred by the Association incident to the collection process. Upon full payment, the person making the payment is entitled to a satisfaction of the lien. 11.9 Priority of Lien. The Association's lien for unpaid Assessments shall be subordinate and inferior to the lien of a recorded first mortgage, but only to the extent required by the Condominium Act, as amended from time to time. The Association's lien shall be superior to, and take priority over, any other mortgage or lien regardless of when the mortgage or lien was recorded, except as otherwise expressly provided by the Condominium Act, as amended from time to time. Any lease of a Unit shall be subordinate and inferior to the Association's lien regardless of when the lease was executed. 11.10 Foreclosure of Lien: Prior Notice. The Association may bring an action in its name to foreclose its lien for unpaid Assessments in the manner provided in the Condominium Act, and may also bring an. actio.ri.to recover a money judgment for the unpaid Assessments without waiving any fe piht ever, No foreclosure judgment may be entered until at least thirty ?n gives written notice to the Unit Owner of its intention to foRsifs lien to collect the ,apaid Assessments or Charges. If this notice is not given at t°lhirtyw(30) days before the foreclosure action is filed, and if the unpaid Assessment noa�w includin t`I se coming due after the claim of lien is P ICI gY 9 recorded, are paid befoee th6 trio-W6t'ud n�nt"of foreclosure, the Association shall not recover attorney's fees 6( cbs $/1h6 r'19 n Wen by delivery of a copy of it to the Unit Owner or by certified or reZarid erd ai�tu ceipt requested, addressed to the Unit Owner at the last k(i , �por Such *inoj'- notice shall be deemed to have been given. If aftq'diiigent search and i airye A iation cannot find the Unit Owner or a mailing addrest which the Unit Or vlrill a�eseve the notice, the court may proceed with the foreclos irtion and may awa�to'ny+'s fees and costs as permitted by law. The notice require is,of this subsection are`a;�afied if the Unit Owner records a Notice of Contest of Lien as p dv' dlc "e. l f As 11.10.1 If the Unit is occupied bya tenant and the Unit Owner is delinquent in paying any monetary obligation due to the Association, the Association may make a written demand that the tenant pay the future monetary obligations related to the Condominium Unit to the Association, and the tenant must make such payment. The demand is continuing in nature and, upon demand, the tenant must pay the monetary obligations to the Association until the Association releases the tenant or the tenant discontinues tenancy in the Unit. The Association must mail written notice to the Unit Owner of the Association's demand that the tenant make payments to the Association. The Association shall, upon request, provide the tenant with written receipts for payments made. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the Unit Owner. 11.10.2 If the tenant prepaid rent to the Unit Owner before receiving the demand from the Association and provides written evidence of paying the rent to the Association within fourteen (14) days after receiving the demand, the tenant shall receive credit for the prepaid rent for the applicable period and must make any subsequent rental payments to the Association to be credited against the monetary obligations of the Unit Owner to the Association. 11.10.3 The tenant is not liable for increases in the amount of the monetary obligations due unless the tenant was notified in writing of the increase at lease ten (10) days before the date the rent is due. The liability of the tenant may not exceed the amount 12 OR 5180 PG 856 due from the tenant to the tenant's landlord. The tenant's landlord shall provide the tenant a credit against rents due to the Unit Owner in the amount of monies paid to the Association under this section. 11.10.4 The Association may issue notices under Fla. Stat. Sec. 83.56 and may sue for eviction under Fla. Stat. Sec. 83.59-83.625 as if the Association were the landlord under Part II of Chapter 83 Florida Statutes if the tenant fails to pay a required payment to the Association. However, the Association is not otherwise considered a landlord under Chapter 83 and specifically has no duties under S. 83.51. 11.10.5 The tenant does not, by virtue of payment of monetary obligations to the Association, have any of the rights of a Unit Owner to vote in any election or to examine the books and records of the Association. 11.10.6 A court may supersede the effect of this Subsection 11.10 by appointment of a receiver. 11.11 Certificate As To ents. Within 15) days after request by a Unit Owner or mortgagee, the Association shall provide a ce ficate (sometimes referred to as an "estoppel letter") stating whether all Assessments and other monies owed to the Association by the Unit Owner with respect to the C.ongominium Parcel have been paid. Any person other than the Owner who ro(ies� Uppfr, "k804'bp protected thereby. 11.13 Exemption af, a mot A�s menu O0 16og as the Declarant holds any Unit for sale or lease in the 6r narycourse o bi iness0 0larant shall be exempt from Assessments as an Owngrfdf capital improveme*uOies t46IDeclarant gives its approval in writing. The Declarant ht,mpi ,further be exelari ,action by the Association that would be detrimental to til or lease of Units bj/ thtm(�eclarant unless the Declarant approves the action in writing. 11.14 Creekside Commerce Pak wners Association, Inc. All of the property that may be included in the Condominium is subject to certain restrictions and regulations as provided in the Master Declaration. The Master Declaration provides that the owner(s) of each lot in the Creekside Commerce Park East shall pay assessments established by the Master Association, which was formed for the purpose of enforcing the provisions of the Master Declaration. The assessments established by the Master Association are used for the improvement, maintenance, enhancement and operation of the Master Association property and to provide services which the Master Association is authorized or required to provide, including, but not limited to, the payment of taxes and insurance on Master Association property, repair, maintenance, and/or replacement of Master Association property, and for such other purposes reasonably related to the carrying out of the authorized functions and purposes of the Master Association. The amount of the assessments is set by the board of directors of the Master Association and the assessments are allocated among the owners of lots within the Creekside Commerce Park East. For the purpose of collecting and paying any assessments due to Master Association, the Association shall be deemed the owner of the underlying lands included within this Condominium. All assessments due the Master Association and attributable to the lands included with this Condominium shall be included within the Common Expenses of the Association and shall likewise be collected from the Unit Owners as a part of the Association's regular Assessments. If the Association is unable to pay the Master Association all amounts due to Master Association, then the Master Association 13 OR 5180 PG 857 shall, in accordance with the terms of the Master Declaration, have the right to record a lien against the Condominium Property to secure payments of such assessments. The Association may (but shall not be required) advance funds, on behalf of a delinquent Unit Owner, for the purpose of ensuring that all assessments due the Master Association are timely paid. If the Association elects to advance funds on behalf of a particular Unit Owner or Unit Owner's, then the Association shall have the right to record a lien against the applicable Units (and may foreclose such lien) for purpose of securing reimbursement to the Association for monies advanced by the Association on behalf of such Owner(s) pursuant to this Section 11.14. 12. MAINTENANCE; LIMITATIONS UPON ALTERATIONS AND IMPROVEMENTS. Responsibility for the protection, maintenance, repair and replacement of the Condominium Property, and restrictions on its alteration and improvement shall be as follows: 12.1 Association Maintenance. The —Association maintenance, repair and replacement (I as certain outdoor portions o i homer tha required elsewhere herein ,,,E �'mf, aintained by the maintenance item set forth inection 12.1.5, below), Common Expense. The Asso atn's responsibilities ins 12.1.1 P parking lot 12.1.2 Mai ,,Once of all outs Condominium4G ,erty: is responsible for the protection, vents, Association Property as well mited Common Elements that are nit Owner), and (except for the ie cost of the foregoing shall be a uqe, without limitation: walkways, driveways, sidewalks, resurfacing and re -striping); t € �— I and irrigation within the 12.1.3 Utility in s�tr ictgre not dedicated,glfler County and serving all Units; and - �' 12.1.4 the cost of power and water usage serving the outdoor parking lot and landscape areas (including parking lot lighting and irrigation). All incidental damage caused to a Unit or Limited Common Elements by work performed or ordered to be performed by the Association shall be promptly repaired by and at the expense of the Association with the cost to be a Common Expense. The Association shall restore the property as nearly as practical to its condition before the damage. 12.2 Unit Owner Maintenance. Unless specifically assigned to the Association in Section 12.1, above, each Unit Owner is responsible, at his own expense, for all maintenance, repairs, and replacements of his or her Unit, together with all additions or improvements added thereto, and certain Limited Common Elements. The Owner's responsibilities include, without limitation: 12.2.1 Day to day and extraordinary maintenance, repair and/or replacement of any Building(s) that may be constructed from time to time within a Unit; 12.2.2 The electrical, mechanical and plumbing fixtures and outlets within the Unit boundaries and serving only such Unit (including connections) (but excluding parking area lighting, and exterior irrigation and landscaping); 14 OR 5180 PG 858 12.2.3 Other facilities or fixtures which are located or contained entirely within he Unit, or which serve only the Unit, or which collectively serve one or more of the Units but less than all of the Units; 12.2.4 Periodical repainting of the buildings; 12.2.5 Periodic pressure cleaning of the buildings and 12.2.6 The cost of trash service and the repair and maintenance of the dumpster area(s) enclosure serving the Unit). However, any insurance proceeds paid to the Association with respect to any loss or damage within the Unit which is covered by the Association's casualty insurance policy, and which loss would otherwise be borne by the Unit Owner, shall be paid to the Unit Owner. 12.3 Unit Owner Mainti an appurtenance to more tha Limited Common Element sh Common Element is appurte upon a formula determined feet of floor space in ,the =1 denominator of which is tho/ which the Limited Commori attached hereto). 12.4 Other Unit Owrfei�,Resl responsibilities: l5.*Dd s"IWdWnS. If a Limited Common Element is Ph it, then tirsf5 naintain, repair and replace such ratably shared by fh j1 Owners to which such Limited Each Unit Owner sha share pro rata in the costs based actAon;-Th rator I which is the number of square b`B",'attached hereto), and the imfb r fps . a ° a t: fflo r space for all the Units to it sn ap une2 , C (Iso las set forth in Exhibit "B", shall also have the following 12.4.1 Modifications and ratron If14 *- 'Owner makes any modifications, `- woKh nit or the Common Elements, then such installations or additions "te:k *— ff-. Owner and his or her successors in title shall be financially responsible for the insurance, maintenance, repair and replacement of the modifications, installations or additions. 12.4.2Use of Licensed and Insured Contractors. If an Owner contracts for or otherwise causes the maintenance, repair, replacement, alteration, addition or improvement of any portion of Unit or Common Elements, whether with or without Association approval, then such Owner shall be deemed to have warranted to the Declarant, the Association and its members that his or her contractor(s) are properly licensed and fully insured. In addition, such Owner ("Indemnitor") shall indemnify and hold harmless the Declarant, the Association, and all other Unit Owners (collectively the "Indemnitee") from and against any loss, costs, expense or other liability incurred by the Indemnitee caused (in whole or in party) by an intentional or negligent act or omission of the Owner or any other person and related to the performance of any repairs, maintenance, alterations and/or additions in the Indemnitor's Unit. 12.5 Alteration of Units or Common Elements by Unit Owners. Except as provided in this Section 12.5, an Owner shall not make any alterations or additions to his Unit which would add to or remove any portion of the Common Elements, nor do anything which would 15 OR 5180 PG 859 adversely affect the safety or soundness of any portion of the Condominium Property. Subject to the foregoing, a Unit Owner shall have the right to make alterations within a Unit without the prior approval of the Board so long as the changes are in compliance with all applicable building codes and also subject to such Owners indemnity obligations set forth in Section 12.4.2, above. In creating this Land Condominium, the Declarant specifically intends to provide the Owner of each Unit with maximum flexibility with respect to any future improvements or redevelopment that may occur from time to time on such Unit subject to the terms of this Declaration, the Master Declaration, (including the architectural guidelines established by the Master Association) and applicable zoning and building codes and regulations. 12.6 Alterations and Additions to Common Elements and Association Property. The protection, maintenance, repair, insurance and replacement of the Common Elements and Association Property is the respon ib i of the Association and the cost shall be a Common Expense. Beyond this functigrt tl�ssociatianra -,not, without the unanimous prior approval of the Voting Inter e t ke any material dltdr4tron of, or substantial additions to, the Common Elements or threal property owned by`a Association if, for any calendar _.. year, the aggregate cost o�/so h alterations and/or additions will exceed $10,000.00. Alterations or additions costing less a Mth�i amo' nt may be=made with Board approval. However, if work is reasonably ea t:o`pr eaRiin, repair, replace or insure the Common Elements or Assoeiatic PrOp, [Y l�o stitutes a material alteration or substantial addition to to oIeprioAt iffl¢r approval is required. 12.7 Enforcement of laintenance. If, after " ortawov` °itten notice an Owner fails to maintain her Unit or its urtenant Limited Co n `Elements as required above, the n ceedings to enfor� Association may institute le I or iliance, or may take any and all other lawful actions to reme cm wo` ',i h latiott� Th,pciation shall have the irrevocable right of access to each Unit during reaa4le%A&s.774ith or without notice to or consent of the Unit Owner or tenant, when necessary-forTie maintenance, repair, or replacement of any Common Elements or of any portion of any Unit to be maintained by the Association pursuant to the Declaration or as necessary to prevent damage to the Common Elements or to a Unit or Units. Any expenses incurred by the Association pursuant to this Section 12.7 shall be charged to the Unit Owner, together with reasonable attorney's fees and other expenses of collection, if any. 12.8 Negligence: Damage Caused by Condition in Unit. The Owner of each Unit shall be liable for the expenses of any maintenance, repair or replacement of Common Elements, other Units, or personal property made necessary by his or her act or negligence, or by that of any member of his or her guests, employees, agents, or tenants. Each Unit Owner has a duty to maintain his or her Unit, any Limited Common Element appurtenant to the Unit (except those Limited Common Elements required to be maintained by the Association), and improvements, fixtures, and personal property therein, in such a manner as to prevent foreseeable and reasonably preventable damage to other Units, the Common Elements or the property of other Owners and/or occupants. If any condition, defect or malfunction resulting from the Owner's failure to perform this duty causes damage to other Units, the Common Elements, Association Property or property within other Units, Buildings, the Owner of the offending Unit shall be liable to the person or entity responsible for repairing the damaged property for all costs of repair or replacement not covered by insurance. If one In OR 5180 Pc 860 or more of the Units involved is not occupied at the time the damage is discovered, the Association may enter the Unit without prior notice to the Owner and take reasonable action to mitigate damage or prevent its spread. The Association may, but is not obligated to, repair the damage without the prior consent of the Owner. 13. USE RESTRICTIONS. The use of the Condominium Property shall be in accordance with the following provisions: 13.1 Units. Each Unit shall be used and occupied as permitted by the applicable zoning laws and regulations and as permitted by the Master Declaration and any other private restrictive covenants. 13.2 Common Elements. The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the Units. ` . 13.3 Signs, Advertismq, an d ly 'f all signage shall be subject to applicable county laws ande�ons.' 13.4 Lawful Use. Flo unlavufVWLse sh'-a11`tr4—%nad( th Condominium Property nor any part of it; and alb vaJi s, r n r _ e�ctio,s, zoning ordinances and regulations of all govern iefitall 16ad-es 1 i)a i r i4ionI shall be observed. The responsibility of meetrng hth re uiremer#to rf go a r im4ntal# bodies for maintenance, modification or repair o�°t oa rbinirx Ptaperty i b � same as the responsibility for the maintenance and ke�ir of the property concerned. 'n; E -' err` 13.5 Nuisances. No '0 er shall use his or *jdi t, ,or permit it to be used, in any manner which constitutes or causps. an unreasonable pint of annoyance or nuisance to the occupant of another Unit'-IVv�t r content with the maintenance of the highest standards for a first class cbit W l troQtx. �:� =nium. 13.6 Outside Areas. All outside areas, including parking areas and the Common Elements (if any) shall be kept clean and free from dirt, cigarette butts and rubbish, and no Unit Owner or other occupant shall permit any obstruction or the storage of any merchandise, packing containers, pallets, vehicles or other materials to be placed or kept in such areas. Such items shall be taken directly to a public dumping facility for disposal or shall be promptly towed to a storage lot at the Owner's expense. 13.7 Prohibition of Antennas or other Fixtures. Notwithstanding any provision herein to the contrary, and in addition to the general restrictions governing improvements of Units and/or Common Elements set forth elsewhere in the Declaration, no Owner shall install or cause to be installed an antenna or any other fixture on the roof of the building or external wall of any Unit, without first obtaining written approval of the Board of Directors The purpose and intent of this section 13.8 is to provide for a uniform and esthetic control of the external appearance of the buildings and to also prevent the intentional puncturing of any portion of any roof or external wall of a building without the consent of the Association. 14. SALE, LEASE OR SUBLEASE OF UNITS. There shall be no restriction on the sale, lease or transfer of a Unit. 17 OR 5180 Pc 861 15. INSURANCE. Insurance shall be carried and kept in force at all times in accordance with the following provisions: 15.1 Unit Owner. Each Unit Owner is responsible for insuring his or her own Unit, and the Building(s), fixtures and personal property therein. 15.2 Required Unit Owner Coverage. Each Unit Owner shall establish and maintain the following insurance coverages and shall have the Association named as an additional insured under each policy: 15.2.1 Property. Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by what is commonly known as an "Ali Risk" property contract, in commercially reasonable amounts. 15.2.2Liability. General p e bility for bodily injury and property damage, with cove trfaie� r9'0P,000.00 per occurrence. The Association shaitkbp. ' -"ed as an additiona(i 6red on such policy. Notwithstanding anyfOrova"sioh4wrpin%ifie"o6'trary, t? ie Association shall not have any obligation to monitor or bth a reri i5a p pr cured and/or is maintaining the insurance policies requec b'tfi Siecti n 5.4 Itfa''s6rartce policies purchased by r the Association or th lJ C wr}; rs as 6 6`se a b4. shall be purchased through an agent having a plurnslti Florida ahs�� issued by an insurance company authorized to( usiness in Floriiav�ngF=�rA" or better rating by A.M. da, Best, provided, howevnd to the extent ¢tl��y3j5e prohibited by the Act) a Unit Owner may effect 'e insurance policy f ' 'fs,/ ligations contained herein, provided such Unit Owner i�sly m ` 1' i imurn Liquidity Ratio of 1.25, calculated as follows: � , " Liquidity ---------------- = 1.25 (Minimum Liquidity Ratio) Self -Insured Amount Any Unit Owner electing to self -insure pursuant hereto shall, at the Association's (or other Unit Owners) request, furnish adequate evidence to the Association (or such other Unit Owner) for the purpose of verifying that such Unit Owner is in compliance with the Minimum Liquidity Ratio requirement set forth above. However, a Unit Owner shall not be required to furnish the Association (or any other Owner) with such evidence more frequently than once (1) per calendar year. 15.3 Association Insurance: Duty and Authoritv to Obtain. The Association is responsible for insuring the Common Elements (if any). The Board of Directors shall obtain and keep in force the insurance coverage which it is required to carry by law and under the Condominium Documents, and may obtain and keep in force any or all additional insurance coverage as it deems necessary. The named insured shall be the Association. To the extent permitted by law, the Association may self -insure. 18 OR 5180 PG 862 15.4 Required Association Coverage. The Association shall maintain adequate insurance covering the Common Elements as well as all Association Property, in amounts determined annually by the Board of Directors, such insurance to afford the following protection: 15.4.1 Property. Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by what is commonly known as an "All Risk" property contract. 15.4.2 LiabilitV. Premises and operations liability for bodily injury and property damage in such limits of protection and with such coverage as are determined by the Board of Directors. 15.4.3 Worker's Compensation. The Association shall carry Worker's Compensation insurance -if -applicable and required by law. In addition, the Association shiYr f�# ,contracts entered into by the Association with rat party require ;third party to furnish evidence of workers co m(i r Mon coverage, if ao�cabie. 15.5 Optional Association d6brage..,--The Xs'sociatioh may purchase and carry other such insurance coverage as the Board,o a{�irggtors may>determine from time to time to be in the best interest of tF e PWWs iall inl ar d 0 �p ct�r's Iliability insurance may be obtained as an Associa i n I . i 15.6 Description o' A vera e. A summar)K,,gf the loge included in the master policies, and copies of a er policies, shall be4 tlkkarf`inspection by Unit Owners or their authorized representa on request. 15.7 Premiums. Premium`'s,,f .14 46 ""obtained and purchased by the Association shall be paid by the As�oeitio cost of insurance premiums, and other incidental expenses incurred by the Association in administering and carrying out the provisions of this Section, shall be assessed against and collected from the Unit Owners as a Common Expense. 15.8 Insurance Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association, the Unit Owners and their mortgagees as their interests may appear, and all proceeds shall be payable to the Association. The duty of the Association shall be to receive such proceeds as are paid, and to hold the same in trust, and disburse them for the purposes stated herein and for the benefit of the Owners and their respective mortgagees in the following shares: 15.8.1 Common Elements. Proceeds on account of damage to Common Elements shall be held in as many undivided shares as there are Units, the shares of each Owner being the same as his share in the Common Elements. 15.8.2 Units. Proceeds on account of damage to one or more Units shall be held in undivided shares based on the prorated amount of damage within each damaged Unit as a percentage of the total damage within all Units. [us OR 5180 PG 863 15.8.3 Mortgagee. If a mortgagee endorsement has been issued as to a Unit, the shares of the mortgagee and the Unit Owner shall be as their interests appear. In no event shall any mortgagee have the right to demand application of insurance proceeds to any mortgage or mortgages which it may hold against Unit or Units, except to the extent that insurance proceeds exceed the actual cost of repair or restoration of the damaged building or buildings. Except as otherwise expressly provided, no mortgagee shall have any right to participate in determining whether improvements will be restored after casualty. 15.9 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed to or for the benefit of the Owners in the following manner: 15.9.1 Cost of Reconstruction or Repair. If the damage for which the proceeds are paid is to be reconstructed or repaired by the Association, the remaining proceeds shall be paid to defraym.iihe costs thereof. Any proceeds remaining after defraying costs shall beT� t itg paid,, p -the beneficial Owners, remittances to Owners and their a 2-bein' to them. �. °..., 15.9.2 Failure io construct or Repair it is determined in the manner elsewhere provided f'rein that the damages t�or which the proceeds are paid shall not be re4onstructk._6r a airod, the remaining proceeds shall be distributed to the b`e Orferr� Owners and their mortgagees being payable jointly to themt' 15.10 Association A� Agent. The Associati6q is hdrebV fevocably appointed as agent for each Owner to adt�ts�tl claims arising u .*. i su policies purchased by the Association for damage or (o s;to the Condominiu` '�?*44n 16. RECONSTRUCTION OR ` ...PAR , .-,CASUALTY. If any part of the Condominium Property is damaged by c,[.i"t er""and how it shall be reconstructed or repaired shall be determined as follows: 16.1 Damage to Units. Where loss or damage occurs within one or more Units, any Association insurance proceeds on account of the loss or damage, less the deductible, shall be distributed to the Owner(s) of the damaged Unit(s) in shares as provided in Section 15 above. The Owner(s) of the damaged Unit(s) shall be responsible for reconstruction and/or repairs, except that upon the failure or refusal of the Owner(s) to timely effect the repairs or reconstruction, the Association may thereafter complete the same as provided herein. 16.2 Damage to the Common Elements. Where loss or damage occurs to the Common Elements, the Association shall be obligated to repair, restore and rebuild the damage caused by the loss, and the following procedures shall apply: 16.2.1 The Board of Directors shall promptly obtain reliable and detailed estimates of the cost of repair and restoration, and shall negotiate and contract for repair and reconstruction. 16.2.2 If the proceeds of insurance and available reserves are insufficient to pay for the cost of repair and reconstruction of the Common Elements, the Association shall promptly, upon determination of the deficiency, levy a special 20 OR 5180 PG 864 Assessment against all Owners in proportion to their shares in the Common Elements for the deficiency. In the case of apportioning the cost of repairing damage attributable to a particular building, such special Assessments shall be levied only against the Units within such building, in the proportion that each Unit's square footage bears to the total square feet of all Units within such building. Such special Assessments need not be approved by the Owners. The special Assessments shall be added to the funds available for repair and restoration of the Condominium Property. 16.3 Application of Insurance Proceeds. It shall be presumed that the first monies disbursed for repair and restoration are from the insurance proceeds. If there is a balance in the funds held by the Association after the payment of all costs of repair and restoration, such balance shall be distributed to the Unit Owners, except as otherwise provided in Section 15, above. 16.4 Equitable Relief. In th any Unit uninhabitable, and thy: reasonable period of time equitable relief, which may i For the purposes of this provi rebuilding has occurred within a (6) months following the da"V thereafter. I Pl 17. s�'K CIO , 11 e Common Elements which render is not'treconstructed, or rebuilt within a finer of the unin "ible Unit may petition a court or a termination of the Condominium and a partition sale. k it'shalf­bej-presum'ed that repair, reconstruction or iso�te enod ,of time'jf work is commenced within six �2 et tr"d (fi� n s o '' pple* within twelve (12) months 17.1 Awards. The t of all or any O p#he Condominium Property by condemnation or eminent ld*n-shall be deemed tp.casualty to the portion taken and the awards for that taking die to -he e from insurance on account of the casualty.'-` 17.2 Determination Whether to Continue Condominium. If any portion of the Condominium Property is taken by condemnation, eminent domain or is conveyed to the governmental entity in lieu of condemnation, than the Condominium will continued unless all Unit Owners vote to terminate the Condominium. 17.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of all awards and special Assessments will be deemed to be Condominium Property and shall be owned and distributed in the manner provided for insurance proceeds when the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, but the size of the Condominium will be reduced, the Owners of condemned Units, if any, will be made whole. Proceeds of awards and special Assessments shall be used for these purposes and shall be disbursed in the manner provided for disbursements of funds after a casualty. 17.4 Association as Agent. The Association is hereby irrevocably appointed as each Owner's attorney -in -fact for purposes of negotiating or litigating with the condemning authority for the purpose of realizing just compensation. 21 OR 5180 PG 865 17.5 Adiustment of Shares in Common Elements. The shares in the Common Elements shall be adjusted to reflect the change in the total square footage of all Units in the condominium. 17.6 Taking of Common Elements. Awards for the taking of Common Elements shall be used to make the remaining portion of the Common Elements usable in a manner approved by the Board of Directors. The balance of such awards, if any, shall be distributed to the Unit Owners in the shares in which they own the Common Elements. If a Unit is mortgaged, the remittance shall be paid jointly to the Owner and mortgagee(s) of the Unit. 17.7 Amendment of Declaration. Any amendments to this Declaration necessitated by condemnation need be approved only by the Owners of a majority of the Units. The consent of lien holders is not required for any such amendment. 18. TERMINATION. The Condominium ma'y be terminated (or partially terminated) in the following manner in addition to the maTpoci by the Condominium Act: 18.1 Agreement. The, �'—'i m nium may be tern i0atb�d at any time by the vote of all Unit Owners. 18.2 General Provisions J)porT.� I. comer Owners shall become the owners, as tenants in com p'n d*' gor�id � sociation Property and the assets of the Association. The,shait es of O ich tin r t& cc mpn shalk be the same as were their shares of the Common�plt trrtm i eN-. for ter rc11' 0ination. The mortgagee or lienor of a Unit Ownersskll have a mortgagdi(. r lin s"o1 and exclusively upon the undivided share of such f t-in—common's inte irV an he lands and other assets of c �, the Association which it m j�ecome entitled to recarvet° ' ason of such termination. The termination of the Condom�it w hall be evidenced , e certificate of the Association, turn executed with the formalities bolteed; fiifig as to the facts effecting the termination. Termination shall beeocttffclt when that certificate is recorded in the Public Records of Collier County, Florida. 18.3 New Condominium. The termination of the Condominium does not bar creation of another Condominium affecting all or any portion of the same property. 18.4 Partition: Sale. Following termination, the former Condominium Property and Association Property may be partitioned and sold upon the application of any Unit Owner. If following a termination, one Unit Owner agrees to accept an offer for the sale of the property, all Owners shall be bound to execute deeds and other documents reasonably required to effect the sale. In that event, any action for partition of the Land and improvements thereon shall be held in abeyance pending the sale, and upon the consummation of the sale shall be discontinued by all parties thereto. 18.5 Last Board. The termination of the Condominium does not, by itself, terminate the Association. The members of the last Board of Directors and the officers of the Association shall continue to have the powers granted in this Declaration for the purpose of winding up the affairs of the Association. 22 OR 5180 PG 866 18.6 Provisions Survive Termination. The provisions of this Section 18 are covenants running with the land, and shall survive the termination of the Condominium until all matters covered by those provisions have been completed. 18.7 Survival of Easement. The ingress/egress easement established by Section 8.2.9 shall survive the termination of this Condominium unless and until a separately recorded "release of easement" (executed with the formalities of a deed) is signed by the owner of Unit 2, expressly terminating such easement by reference to Section 8.2.9 and 18.7 of this Declaration. 19. ENFORCEMENT. 19.1 Duty to Comply; Right to Sue. Each Owner, his or her tenants, and the Association shall be governed by and shall comply with the provisions of the Condominium Act, the Condominium Documents and the rules_and regulations of the Association. Actions for damages or for injunctive relie 4ih� pure to comply may be brought by the -_ q Association or by a Unit Owner ai , 19.1.1 the 19.1.2 an 19.1.3 19.1.4 Any rrio4Ti4er of the Board of G t 9to0s wkf illfully and knowingly fails to comply with th provisions. 17t 19.2 Waiver of Rights. 'f(,iiure of the Association or any member to enforce a right, provision, covenant or conditio,�vta�lranted by the Condominium Documents shall not constitute a waiver of the ri eft �4s`sciation or member to enforce such right, provision, covenant or condition in the future. A provision of the Condominium Act may not be waived by a Unit Owner if the waiver would adversely affect the rights of the Owner or defeat the purpose of the provision, except that Unit Owners or Directors may waive notice of specific meetings as provided in the Bylaws. Any written instrument or instruction given by a purchaser or Unit Owner to an escrow agent may be relied upon by the escrow agent, whether or not such instruction and the payment of funds thereunder might otherwise constitute a waiver of any provision of the Condominium Act or the Condominium Documents. 19.3 Attorneys' Fees. In any legal proceeding arising out of an alleged failure of a Unit Owner, tenant, guest or the Association to comply with the requirements of the Condominium Act, the Condominium Documents, or the Association's rules and regulations, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorneys fees as may be awarded by the court. 19.4 Fines. The Association, through its Board of Directors, may levy reasonable fines against a Unit for the failure of the Owner or its occupant, licensee or invitee to comply with any provision of the Declaration, Articles, Bylaws or the Rules and Regulations of the Association. No fine will become a lien against a Unit. Fines shall be in an amount deemed necessary by the Board to deter future violations, but in no event shall any fine exceed the 23 OR 5180 Pc 867 maximum amounts allowed by law. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed the maximum amount allowed by law. The procedure for imposing fines shall be as follows: 19.4.1 Notice. The party against whom the fine is sought to be levied shall be afforded an opportunity for hearing after reasonable notice of not less than 14 days, and the notice shall include: 19.4.1.1 a statement of the date, time and place of the hearing: 19.4.1.2 a specification of which provisions of the Declaration, Articles, Bylaws or Rules and Regulations which have allegedly been violated; 19.4.1.3 a short and plain statement of the facts alleged by the Association givi as ations; and 19.4.1.4 risible amounts of aiyoposed fine. 19.4.2 Hearing. t-}iea71�---the,T against whom the fine may be levied shall have a reassi na a o` o0tr ity to spond\ to present evidence, to provide written and oral Iv',*d, and to review, challenge, and respond to any #yid nc o te�sti' r re d by the Association. The hearing shall be co d eta c rr nfkttee o t reO 1 Owners appointed by the Board, none hom�may (lien e`,pervi "a P'r ctors. If the committee by majority vote, wtiy, may be taken by s�ret bal,%Dt;"...does not agree with the fine, it may not be levief?� 19.5 No Election of Rbrhddii�.11 ric Association or Unit Owners under tli "La r cumulative, and the exercise of any"irneLla election of remedies, nor shall it preclude remedies, or privileges that may be available. 20. RIGHTS OF MORTGAGEES. its5---Cbdids and privileges granted to the -the`° Condominium Documents shall be mti�e shall not be deemed to constitute an the party from exercising any other rights, 20.1 Approvals. Written consent of the Institutional Mortgagee of a Unit shall be required for any amendment to the Declaration which would decrease the Unit's share of Ownership of the Common Elements, except as otherwise provided in Section 17. 20.2 Notice of Casualty or Condemnation. In the event of condemnation, eminent domain proceedings, or substantial damage to, or destruction of, any Unit or any part of the Common Elements, the record holder of any first mortgage on an affected Unit shall be entitled to notice. 20.3 First Mortgage Foreclosure. Unless otherwise provided by law, if the mortgagee of a first mortgage of record acquires title to a Condominium Parcel as a result of foreclosure of the mortgage, or as the result of a deed given in lieu of foreclosure, the mortgagee shall not be liable for such share of the Common Expenses or Assessments attributable to the Condominium Parcel, or chargeable to the former Owner of the parcel, which came due 24 OR 5180 Pc 868 prior to the mortgagee's acquisition of title. If the law requires the mortgagee to be liable, the mortgagee's liability shall be limited to the amount required by law. Any other person acquiring title shall pay the amount owed to the Association to record a Claim of Lien against the Unit and proceed in the same manner as provided for the collection of unpaid Assessments. Any unpaid share of Common Expenses for which such acquirer is exempt from liability becomes a Common Expense collectible from all Unit Owners, including such acquirer and his successors and assigns. No Owner or acquirer of title to a Unit by foreclosure, or by a deed in lieu of foreclosure, may be excused from the payment of any Assessments coming due during the period of such Ownership. 20.4 Redemption. If proceedings are instituted to foreclose any mortgage or lien on any Unit, the Association, on behalf of one or more Owners and with the permission of the mortgagee, may redeem the mortgage or lien for the amount due thereon and be thereby subrogated to all of the mortgagee's or lienor's rights of action, or the Association may purchase the Unit at the foreclosure safeAny mortgagee shall have an unrestricted, absolute right to accept title to the M R-j" U tmand satisfaction of the mortgage or to foreclose its mortgage in acpor a a Wth-jt 4 end to bid upon the Unit at the foreclosure sale. a, 20.5 Right to Inspect Bobs,.. Thy Association shall make available to institutional mortgagees requesting /sam.- current s of he Condominium Documents and the books, records and financia nfs o i sla-o Available" shall mean ready for inspection, upon written reo t, dprir g o a� psi es h urs, or under other reasonable circumstances. Photocop" '�sr ideCat t I'A pbhs6 of the person requesting them. i 20.6 Financial State ar Any institutional mgeeis'`entitled, upon written request, to a copy of the financial s e t of the Associatiarfor#fie immediately preceding fiscal year. { I P 20.7 Lender's Notices. Upon wrdrsW request to the Association, any institutional mortgagee shall be entitled to timely written notice of: 20.7.1 Any sixty (60) day or longer delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds a mortgage. 20.7.2 Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. 20.7.3 Any proposed action that requires the consent of a specified percentage of mortgage holders. 21. DECLARANT'S RIGHTS AND DUTIES. Notwithstanding any other provision of this Declaration, so long as the Declarant or any successor in interest to the Declarant holds any Units in the Condominium for sale in the ordinary course of business, the following provisions shall apply: 21.1 Declarant's Use. Until the Declarant has sold all of Units, neither the Unit Owners nor the Association, nor either party's use of the Condominium Property shall interfere with the sale of Units. The Declarant may make any use of the unsold Units and the Common 25 OR 5180 PG 869 Elements and Association Property as may reasonably be expected to facilitate completion of contemplated improvements and the sale of Units, including, but not limited to, maintaining a sales office and/or model Units, displaying signs, leasing Units, and showing Units to prospective purchasers. 21.2 Assignment. All or any of the rights, privileges, powers and immunities granted or reserved to the Declarant in the Condominium Documents may be assigned by the Declarant to any person or entity without the consent of any other Owner or any holder of a mortgage secured by any Unit. In the event of the foreclosure of any mortgage owed by the Declarant, or deed in lieu of such foreclosure, the person first acquiring title to such interest by reason of such foreclosure, or deed in lieu of foreclosure, shall succeed to all rights, powers, privileges and immunities of the Declarant. 21.3 Amendments by Declarant. have the right up to the time of tun Declaration and its exhibits in a desirable, except that an a collective total square foots�'-�flits hundred (100%) percent of�th Notinwg above, an amendment which - tanti Unit without substantially in' reasing comprising the Condominiva'� Q the Voting Interests of the 111 it�t0 oe i or configuration of a Ur tlr«,t'oic 1) in the public records of lier Count Subject to Section wer._.of control of any in the Condomidiy Interests of they ally alters the size b dreasinq the consent of any Unit Ownirthe Owner or hold Parcel. After turnover of co*oill amendments to the procedures contained in\tp 22, below. ? 7.1, above, the Declarant shall the Association, to amend this purpose the Declarant deems ly increases or decreases the shall require the approval of one ociation. Subject to Section 7.1, the perimeter configuration of a tal �quare footage of all Units 'one thundred (100%) percent of its which do not change the size yy by the Declarant and recorded requirement of securing the encumbering a Condominium ration shall be made pursuant to 21.4 Turnover. The Declafanh! rah t9ri der. -control of the Association to Owners other than the Declarant prior to the sfaiutory�dtes, by causing all of its appointed Directors to resign, whereupon it shall be the affirmative obligation of Owners other than the Declarant to elect Directors and assume control of the Association. Provided at least thirty (30) days' notice of the Declarant's decision to cause its appointees to resign is given to Unit Owners, neither the Declarant, nor such appointees shall be liable in any manner in connection with such resignations, even if Owners other than the Declarant refuse or fail to assume control. If the Declarant holds Units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the Declarant: (a) Assessment of the Declarant as a Unit Owner for capital improvements; or, (b) any action by the Association that would be detrimental to the sales or leasing of Units by the Declarant. However, an increase in Assessments for Common Expenses without discrimination against the Declarant shall not be deemed to be detrimental to the sales or leasing of Units. 22. AMENDMENT OF DECLARATION. Except for amendments made by Declarant pursuant to Section 21, above, all amendments to this Declaration shall be proposed and adopted in the following manner: 22.1 Proposal. Amendments to this Declaration may be proposed by the Board of Directors, by written petition to the Board signed by the Owners of at least twenty five percent (25%) of the total Voting Interests. 26 OR 5180 Pc 870 22.2 Procedure. Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can still be given. Amendments to subdivide a Unit or alter the size or configuration of a Unit and which require only a vote of the Owners in the Unit(s) to be modified shall be submitted to a vote by the special procedures set forth below and in the Bylaws. 22.3 Vote Required. Except as otherwise provided by law, or by specific provision of the Condominium Documents (including, without limitation, Section 7.1, above), this Declaration may be amended if the proposed amendment is approved by at least one hundred percent (100%) of the Voting Interests who are present and voting, in person or by proxy, at any annual or special meeting called for the purpose. Alternatively, amendments may be adopted without a meeting following the procedure set forth in Section K of Article IV of the Bylaws. 22.4 Certificate; Recor a certificate that the amend which certificate shall be in t or Vice President of the Ass, effective when the certifica Records of Collier County. F 22.5 Enlargement of i Declaration may be ertl' amendment of this Dec4raii (100%) of the total Vo#r" Association of title and vest conveyance, in the same p� are appurtenant to the Units. =YW pted amendment shall be attached to Jo "'an amendment to the Declaration, required by law aC d hall be executed by the President with the formalitiesbf a deed. The amendment shall be .copy- of—theramendment are recorded in the Public # moh Eletnebts.=4M q&#mqn Elements designated by this ateraerty,ccuircity the Association through The amendmentust be aprored by one hundred percent nterests of the ' ocistiort T ►e amendment divests the title in the Owners`Without -Aaming them and without further P as the undivided, ai* in the Common Elements that 22.6 Correction of Errors. If there '1s-R'" omission or error in this Declaration of Condominium or in other documents required by Florida law to establish the Condominium, the Association may correct the error or omission by following the procedures set forth in the Condominium Act. 22.7 Amendment of Provision Relating to Declarant. As long as the Declarant holds any Unit in the Condominium for sale or lease in the ordinary course of business, no amendment shall be effective which changes any provision relating specifically to or adversely effecting the Declarants rights hereunder, without the Declarant's prior written consent. 23. MISCELLANEOUS. 23.1 Severability. The invalidity or unenforceability in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provision of this Declaration, or any recorded exhibit to this Declaration, shall not effect the remaining portions. 27 OR 5180 Pc 871 this Declaration, or any recorded exhibit to this Declaration, shall not effect the remaining portions. 23.2 Applicable Statutes. The validity, application and construction of this Declaration and its recorded exhibits shall be governed by the Laws of Florida, particularly the Florida Condominium Act, as it exists on the date hereof. 23.3 Conflicts. If there is a conflict between any provision of this Declaration and the Condominium Act, the Condominium Act shall control. If there is a conflict between this Declaration and the Association's Articles of Incorporation or Bylaws, the Declaration shall control. 23.4 Interpretation. The Board of Directors is responsible for interpreting the provisions of this Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written... -.opinion rendered by legal counsel that an interpretation adopted by the Board s rid i Qable shall conclusively establish the validity of such interpretation. 23.5 Exhibits. There is hereby incorporated withih this Declaration any materials contained in the exhibits hereto whichdwunder the -Condominium Act, are required to be part of the Declaration."� w� 23.6 Singular, Plug plural shall include the to include all genders. 23.7 Headings. The headin purposes only, and do not con; terms and provisions of these 6 IN WITNESS WHEREOF, the first above written. (as to both signatures) Witness # 1 Print Name: gr4oirY e •-Sik"9yh L 6 requires, the use of the gender shall be deemed used in the Cor do#ij'i" M:,documents are for reference to substantive meth o'be considered in construing the )eclaraht Ws executed this Declaration the day and year Creekside East, Inc., a Florida corporation By: Barron Collier Management, LLC, a Florida limited liabil' pany Its: Authorized Aaei By:__j Print Title: Witness # 2 Print Name: Q h Ova - SCE eJ By__ Print STATE OF FLORIDA COUNTY OF COLLIER 28 OR 5180 PG 872 Sworn to and acknowledged before me this J) day of July, 2015,_ '�)() u a/ ! �j((1 , as di?p l QL VZ(f �4; ' i� &2-k of Barron Collier Manage nt, LLC, a Florida limited liability company, Authorized Agent of Creekside East, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or who produced as identificatioAnn. yW Ily C'....... l7`9 yii Notary Publi i� 4'•. p�0`vyty5?�''A9N: r /j l vita FYI ��I VG1__ ••• Print Name (SEAL) STATE OF FLORTDA COUNTY OF COLLIER Sworn to 2015, r / Collier Management, LLC, East, Inc., a Florida corpor who produced R C 0 Notary Pt --,---Print is _j I day of July, &f Barron horizo Agent of Creekside personally known to me or 29 OR 5180 PG 873 Exhibit "A" Legal Description - Condominium Property Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Creekside Corners Land Condominium) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: BEGINNING at the westerlymost corner of said Tract "5"; Thence along the boundary of said Tract "5", in the following Ten (10) described courses: 1. North 30°09'54" East 21.17 feet; 2. South 89°49'40" East 33.52 feet; 3. North 00°1020" East 23.75 feet; 4. South 89°49'40" East 201.64 feed - - -- 5. South 05°48'50" East 2.01 feel;, , coo-'-, 6. South 89°49'40" East 50$ e t �',- 7. South 75°55'39" East # et; 8. South 89°49'40" East 2,>08 feet; 9. 39.19 feet along the arc of a circularcurveconclave southwest having a radius of 25.00 feet through a central angle of`89"�9'40" and `bung subtended by a chord which bears South 44°54'50" East 3 3A.f�e_,�~- - . 10. South 00°00'00" East)8 3l)f ae to, ont L ccess, Drainage and Lake Maintenance Easem t s sh w of s�io ,) Thence along said ease aon� 111r, 311ow�txgFiv des c s: 1. South 90°00'00"�es172.36 feet;;, S 2. 78.27 feet along tlie�of a circular curve coriCave souftieast having a radius of 50.00 feet through a centr tj t�6le of 89°41'08" and being'subtended by a chord which bears South 45"09'26" Wes 110 feet; 3. South 00'18'52" West A .42 feet; n '' 4. 78.54 feet along the arc of'"a.circular,curve 4-6ortheast having a radius of 50.00 feet through a central angle of 96�6 �i mg subtended by a chord which bears South 44°41'08" East 70.71 feet; 5. South 89°41'08" East 173.44 feet to a point on the boundary of said Tract "5"; Thence along said boundary South 00°00'00" East 14.40 feet; Thence leaving said boundary South 90°00'00" West 565.33 feet to a point on the boundary of said Tract "5"; Thence along said boundary North 05°35'39" West 544.05 feet to the POINT OF BEGINNING. Containing 6.58 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of said Tract "5", being North 05°35'39" West. OR 5180 Pc 874 Exhibit B - page 1 of 7 3n'd_3� .3 i (3 n o a� [104 adisgaa2I0 QiI�A� I Y. HN C W D I u09 J z I n �S aV 'fie � Fn D G I I I x —�—�—/ �� vI LCSBS AlOD.00-06 s Y ZSLiLMILE A ' "'CI, 3.N,t* A s i 6 n € m 8 I �m1-3 s Dy rn CP TJ ----------------- ----------------- ---------- ,,coon I I OM * I a tXj I I rA --r,--— Eli it ----------------------- _ avou HarivXONNI I y oo.o.lull I it �'e-s4g� llw,A %Sa WI till 0 A fgnj ii 'R `g RIB �sy .'- A g e $ a All p g 8 d, 4 'ifu g aft x A E0 3 4 A^ bra �������� E Agg g, v 3€€ � R att aqi Eq 5 �$�¢�[€ 111,11, $- I k, R g& 4��Ci A tl F 'i..R `3pAR 'R.iER € 6 tl A 5 �A 17 39 P 8y fR �, 512 OR 5180 PG 875 Exhibit B - page 2 of 7 �� d�_3��arr3IlOH .3QIS?I3S2Ia `'� � T D " " � �Il•Bt1 3i'9Zw N ywe a,J I� �I c .o A >y I o I H P I 9 I 3 Q NI I W:3 PA 01 T m E W `1 ter. 651 i I I I ��m Hn .e NO Yg, 2,x� y a& ow= ZZ£Z-9l£Z 530Vd L,LI WO — — — — — — — — — — — — — — — - - — — — — — =03--------------------- -------------------------- - ----------------- ------- --------- -------- H z:9 P u "3.(..3.d ..M.o.a) (918 -a•s) QVOU Hall IO➢ NI *` x g 1+si$ "ag8�Igg § IBtaR fig. R14 4 ' g � R . 5gill z AT - 11311 8 Ja' ;, §, R8'ia o 6ts2`se`"k� s;"P fm*1 7 gg3 4 s ii 4.YLI. .- 8 i5 SQ i � A $Y ll" 41 g� �g3gg�I%!T$�s ug 1 ��i,•�#�6�^x'+'�'t�'�;�A€�g g3 _g� Ys88 'en i @8 j ��� ;&� §8s est83 °�'$ i C d s} 83 i� rf § .- ss1g Bt7q ^ x78gp a c a 70 4 ig334, R p N x ° oil OR 5180 Pc 876 ' :'flo . YA - 81 MCC I'm tit M ti M` _ Q tj ems' j x I I O UD rn $I m �::: ` :tea i I*j -1 ►!' 01" o y I s � � Dods s � '• � I y, jnp s a ram.. L=1 —� d o _ y I � $ dI II ZZCZ-91[Z 539Vd 'C4Ll 'N'O —� --� --- _____________________—____ (•3•n•3 aw "3•n•d "T0 "TV "M-0-N) (9*8 •a•s) i "Hip" ,LOval avow a2nv IowNi 01350. j9 � �} ¢' I: is LL g�E g gg & �I F. �;•���`"�t:.� to 01114 4g s €aJ7 4 0= I}go a%= paai�, 3aa"5€ % SEC' g� `' g' 'a gg g � •S�($s $ ts[q?i g 8MP� $e g214wall if 44-1114 € l 4 3I g g i � =:Y:Y �3a i3 �S s��x dSx gyg g¢i� E % I ggsaxl =gv$= I°= a°%� 11n: $i Fit Ill,•, - Y2 �pr s= IIII eI�°°° °. I� % -I 3I i F 1 N. � 9 K �1i €� P' OR 5180 Pc 877 Exhibit B - page 4 of 7 Meets and Bounds Legal Description of Unit 1 - For Reference Purposes Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Creekside Corners Land Condominium) (Unit 1) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: BEGINNING at the westerlymost corner of said Tract "5",- Thence along the boundary of said Tract "5", in the following Ten (10) described courses: 1. North 30°09'54" East 21.1 �o�`� 2. South 89°49'40" East3 .,,_ 3. North 00°10'20" East,-�$� °feet; 7 4. South 89049'40" East.64 feet; 5. South 05°48'50" Oast I'01-Teen-- -� 6. South 89°49'40",aa'East 50 F6816 t; 7. South 75°55'39',1 Ea t 49 9 feed 8. South 89°49'40�' Ea t 248. 9. 39.19 feet along roiclt use coma e ctf#hwest having a radius of 25.00 feet throng aentraigle of8�4°49 ar}d ing subtended by a chord which bears °South 44°54'50" East V30 fee; } 10. South 00°00'00 East,281.30 feet to a poi iin fh+3,LS, Access, Drainage and Lake Maintenance sernent as shown on sao I' Thence along said easeme foaowing Fiv ,ctibed courses: 1. South 90°00'00 West `IY43i 2. 78.27 feet along the arc of a dirdu►ar:ue concave southeast having a radius of 50.00 feet through a central angle of 89°41'08" and being subtended by a chord which bears South 45°09'26" West 70.52 feet; 3. South 00'18'52" West 146.12 feet; 4. 78.54 feet along the arc of a circular curve concave northeast having a radius of 50.00 feet through a central angle of 90°00'00" and being subtended by a chord which bears South 44°41'08" East 70.71 feet; 5. South 89°41'08" East 173.44 feet to a point on the boundary of said Tract "5"; Thence along said boundary South 00°00'00" East 14.40 feet; Thence leaving said boundary South 90°00'00" West 247.52 feet; Thence leaving said boundary North 00'18'52" East 247.80 feet; Thence North 89°49'40" West 64.88 feet; Thence North 00°10'20" East 24.45 feet; Thence North 89°49'40" West 79.75 feet; Thence 50.32 feet along the arc of a non -tangential circular curve concave south having a radius of 500.00 feet through a central angle of 05°45'58" and being subtended by a chord which bears South 8717'20" West 50.30 feet; Thence South 84°24'21" West 60.98 feet, - Thence 39.70 feet along the arc of a circular curve concave southeast having a radius of 25.00 feet through a central angle of 90°59'40" and being subtended by a chord which bears South 38°54'31" West 35.66 feet to a point of compound curve; OR 5180 PG 878 Exhibit B - page 5 of 7 Thence 48.89 feet along the arc of a circular curve concave east having a radius of 988.00 feet through a central angle of 02°50'08" and being subtended by a chord which bears South 08°00'23" East 48.89 feet to a point of reverse curvature; Thence 83.99 feet along the arc of a circular curve concave west having a radius of 512.00 feet through a central angle of 09°23'56" and being subtended by a chord which bears South 04°43'29" East 83.90 feet; Thence South 00°01'30" East 24.03 feet; Thence 75.57 feet along the arc of a circular curve concave northwest having a radius of 49.00 feet through a central angle of 88°21'41" and being subtended by a chord which bears South 44*09'20" West 68.30 feet; Thence South 06°31'49" East 20.07 feet; Thence South 83'28'11" West 10.80 feet to a point on the boundary of said Tract "5"; Thence along said boundary North 05°35'39" West 533.61 feet to the POINT OF BEGINNING. Containing 4.90 acres more or less, -,,,- Subject to easements and res$r i�fecor„ Bearings are based on the said Tract r3' 1 North 05°35'39" West. 2 OR 5180 PG 879 Exhibit B - page 6 of 7 Meets and Bounds Legal Description of Unit 2 — For Reference Purposes Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Creekside Corners Land Condominium) (Unit 2) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the westerly most corner of said Tract "5 Thence along the west line of said Tract "5", South 05°35'39" East 533.61 feet to the POINT OF BEGINNING. Thence leaving said west line North 83'28'11" East 10.80 feet; Thence North 06°31'49" West 20.07 feet; Thence 75.57 feet along the arc of anon ntial circular curve concave northwest having a radius of 49.00 feet through a,ce"�rre�f$21F1'; and being subtended by a chord which bears North 44°09'20",E 6 �gMet; Thence North 00°01'30" We 03 feet; Thence 83.99 feet along the ark of a circular curve concave west having a radius of 512.00 feet through a central angle of 092 '56"and being subtended bya chord which bears North 04°43'29" West 83.90 feet to a point oeye rse curva ure; ` Thence 48.89 feet along thrdr ` 'tar'L c` ' t hving a radius of 988.00 feet through a central angl of 02° "Inc! t ei eta e d y alchord which bears North 08°00'23" West 48.89ifeet° apoio cgmpor(cury Thence 39.70 feet al*j6i '64a'bireular ctirvd con f pst having a radius of 25.00 feet through a certit, angle of 90°59'40 and beingsubt`d by a chord which bears North 38°54'31" East 35,F�et; ._' Thence North 84°24'21" 98 feet; Thence 50.32 feet along the a, a circular curve cort smGth having a radius of 500.00 feet through a central angle of;�4 1 q bbgiW a i ed by a chord which bears North 87'17'20" East 50.30 feet; w W M Thence South 89°49'40" East 79.75eet Thence South 00'10'20" West 24.45 feet; Thence South 89°49'40" East 64.88 feet; Thence South 00'18'52" West 247.80 feet; Thence South 90°00'00" West 317.80 feet to a point on the west line of said Tract "5"; Thence along said west line North 05°35'39" West 10.44 feet to the POINT OF BEGINNING. Containing 1.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of said Tract "5", being North 05°35'39" West. OR 5180 PG 880 Exhibit B - page 7 of 7 EXHIBIT B CREEKSIDE CORNERS CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM Certificate of Surveyor The undersigned, being a surveyor authorized to practice in the State of Florida, pursuant to Section 718.104(4) (e), Florida Statutes, hereby certifies that that the attached Exhibit "B" to the Declaration of Condominium of Creekside Corners Condominium, together with the provisions of the Declaration of Condominium describing the condominium property, is an accurate representation o cation and dimensions of the units. Each unit within the Condominium et om these materials. Since the .8 Condominium is a land cond aricC,�y th c the Declaration to which this certificate is attached, (c ally excludes al vements), there are no improvements for which y'certifiLion-of substantial co leti n is or will be required. Digitally peTMille r, PS ou=Survey, j ;tantec.com, f Print Name: Lance T Miller Professional Surveyor and Mapper`° Florida Certificate No. 5627 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER DATE SIGNED: 7-29-2015 JV1C-& DaummWL.d Cmdo DavmantslSu—ya Ce A. OR 5180 PG 881 Exhibit IICII 3TATE june 30, ,CORPORATION,SERVICE COMPANY' ATTN: C0URTNEY`WLUA-M$ R Co t=mo motes ol f, rw%ewm EKS101 a I EC NDOMINIUM 30CIATION I me. wFew'7 fil 29, 16 on document mrAw )OW66,af Olease r6fer-lo'. onding with this office w;Ow.sunbiz.org 9314 Div W-op, P.O. BOX 6327 Thll4ha, 41pp, 0044a S­ OR 5180 PG 882 44* ARTICLES OF INCOR,PfRMA . Ql*', CREEiCSIDE CO#NOW606113610i 5 IATIgJ4,,IN . '. undersigned' �nirator, for the puriac�s pf farfrtlr bCrttr5n ` .. ok purs ; nt` tQ Chapter 617, Mdil& Statutes, and the iom cif' the .Sty � leer y`ac a :� #�e foiisawing ArtfcE s of Incorporation. FIE Ctei y .: F or�6tation, ("iereWOW or "Declarant") owns certain propetty in Weser County, Florida (tli ` "Land" and intends to execute and record a Declaration of Condominium of Creekside Corner Condominium, a C r.net vial land qgDdominiu (the 01 ciaration") which will encumber the land. This Ads is rmed as the Association to administer the,: Declaration any# exercise; the lags ° p int to the De+clar__j z Iand m in ft* on. is recordedv in Public Records of Collief Oda, Wth cles of 'lricorpor ' q OR 5180 PG 883 a I T6`and be gudd, ,AR,*r,tCL,E.,$,,IV: - A4F-MBERS' a OR 5180 PG 884 member of designated the responsi been deliVei Inforn ed of beoAration, UN, on, and the memberShfp,'of` pnqr as to e inated, pro4ided, however- thattheAssoc gbh knot e k((on of recognizing any such ,,,0h6%r,—iry ivii ),-,h Oro It"NO, . py of the applicable deed or 6th6rinAM MSK or is dthqr of ownership of 1he Unit, FEW , "I"the , raw - ngcal the, Or, shall be the sojo,,Mprnber oft Je 4socia The share of 646 Member in the funds and assets of the Assoc* ,, 4414* C6r", ". -plus, and Membership in this Association, cannot . be' As,%96ek .hypothecated or transfeq-W In any manner ex isslo appurter4nee: to the UM-w which that membership is e0tabliist*d. On ail matt';_upqn. Members'Voting Inter t ".1'be as The AftooWonond shall `street,,Aii6ss of the W 0 loift#il t14 Ypte, '00 f the M&hbets of Mijz iMM 1 19 OR 5180 PG 885 4s} as long as 2- OWdors shalf" ed ` Vacancies on the Board: any director appointed by vacancy on the Board shall, b to be filled; the Declarant �,'aMf Tea names idra umos,mare apposrte, or eiech David Genson radley,E; harts,: AR!ICf,E dill; �ADFM- ERS Tite oFiiers of the AssocshaSl be a presider; a or i presidents, secretary, purer and such other offices as the Board rnay, EOM itinie to time by resolution create. The h officers shall serve at the pleasur±� of the, Bo , thfi Bylaws may provide f>brthe removal from office of officers, for filling vacancies and for the, 04ties of the officers, The names of the. ce who shall serve unfit their successors arm designated by the:ard are ac foliovw+ OR 5180 PG 886 or' er,t of the Association has To -the extent'tia# a director, b�`it', empi�� ag been successful on the merits or otherwise in defebse of any action, suit or propeedng referred to herinabove, or iar defern:e of any ciairn, issue or matter therein, he `st. inderrhified against expenses,;: Crnplaada bmeysfees and appellate attorneys' fieos.' actually -and r ably incurred`by hire in 66bnection therewith. t=xpettses incurred in deter 4nq,.a­qM:br.6fftninal action, suit or proceetriftV, May Said by the Association in SdVant b€.;� final disposition of � + on, suit or io l ' 'ng as authorized by the b6w4 the speclfic ;pase upon receipt of an undertakirtg'by or on behalf of the dire ►PC OrIcers ernplryees or agents to repay such unless it shall be determiners that he is led to be inderrrnified by the Association as authorized herein. The ind66MWion pc n6�4'min shall not be deer0 xclusive of any other rights to which those seeking indernniff6abon may be entitte .under the laws of the State of Florid ,;any Bylaws, ag ment. vote 0 r,ppMt : or otheNdse; drrcl as to, actipA, n; in an off coal capacity u holdrn . ,.shall pontinue as to a psrsnn who has as s. OR 5180 Pc 887 to be a 4itrfot oar; I e pkWwor agent . a4shail %rare P, the b0riellit of the ,hors; executors ;a d; ihfstrators of such a per a maintain 'i stirane on employee or agent_ tCffs iabon as a director, offiw. ajnt venture, trust or otl scurred by him in an , The Bylaws shall l bdopted by'the Board `and may 66 a6red amendW : ditrded by the Declarant, the drreciors t,"nrler. pr?avide�f by #,e: Bylaws.; I Written notice' g forth the, a e at a summ ry changes to be effected the all be given to #a�tled #ci vote t rr within the ;rre and in ttre ° ovided in the -of ni meeting off ,,members jftt proposed anr+srrdm t` synch°-- Mary ,nay be trt�ltd rual file 9 3. At such meetin , a vii# bf tfie members-erii°fo vbqo taken on the pr° ppsed amendment. The proposed at nndmen# shy ire: opted; receiving the affirmative vote of a one hundred percent of Voting Intent tha=.entire memo rshlp�of the Association. .4. Any numb( ja them at; any one � and'all of the : aK`safi of=tbe `itr� lobe , ble ttr viie sign a n ,statement rrtanif : merit an that an amendment try 6"a' " F ire � e p then the amendme�:shell.;tl^ net t Iopfed as ugh. Nyo *Or is had inn satisfied. 6, NotwithWhding anything herein to tha:; contrary, so low ; Geclarent, is, entitled t4 elect a majority of the Board of Directors, Declarant shall have the right to amend these .Articles without the consent or joinder of any other Owner or any Institutional lender; In addition, no amendment which would in any way a0versely; effect any of ,fie ,privileges, powers :or options herein provided in favor of tj t reserved to, eratrt; unless the Declarant shall join in the execution,, of.ihe '4mendment, but not limited to, y ",f*t of the Declarant to appoint directors 0 OR 5180 PG 888 7., A4-Ftumov-�krofoontrol of the Association to members ether than the Ded fj: amendment ihatl; c#wve the, _qualifcations for mefsership or in the Voting interests of`mert b is vfthouf approval by al of the rnembem. No amendment: shag "al5e made that is in cor6dt* th the Declaration, Pr brl the closing of thleMWO ofaii Units, no amendment shall in any way adversely effect arty of the ` , priv, . ,s powers or options herein provided in favor of or removed fcr,'the Declarant, unless the: Declarant sWil oin in the execution of the amendment, m j but not limited to, any right of the' eclarant to appoint directors. ARTICLES X - INITIAL RM'ISTE�ti±l fll:Ft lr tE t3F F�1ri SiER I� AGENT STATE OF FLORIDA 7 day of J4W,:2,Ei IS, b, t duced f OR 5180 Pc 889 afthew L. Gr8 i—nsk . Eat{. m k l tY 11 hereby aI� tril1ar 1 p:f tents under fi y a a a i N OR 5180 PG 890 Exhibit "D" BYLAWS OF CREEKSIDE CORNERS CONDOMINIUM ASSOCIATION, INC. GENERAL PROVISIONS. A. Identity. These are the Bylaws of Creekside Corners Condominium Association, Inc., a Florida not -for -profit corporation, hereinafter referred to as the "Association". The Association has been organized for the purposes stated in the Articles and shall have all of the powers provided in these Bylaws, the Articles, the Declaration and any statute or law of the State of Florida, or any other power incident to any of the above powers. B. Principal Office �}ip _s'e Association shall be at such place as the Board may deters om time to tim 't C. Fiscal Yeah. TI6 fiscal-yea;LQf-the Association shall be the calendar year. D. Seal. The sw a ja ' inscribed upon it the name of the Association, the ye r f i it co p r tl bord' "Corporation Not for Profit". The seal may Abe ' ei t usn , i ri�)reof, to be impressed, a affixed or otherwise rep etf "c�pon'any, m of executedin the name of the Association. -A E. Inspection Wks and Records. br books and records of the Association shall be ope � section by -* Owners or their authorized representatives, and all hol l cantors of any first mortgage encumbering a Unit. Such records"bf%,��iatron shall include current copies of the Declaration, Articles and Bylaws, and any amendments thereto any contracts entered into by the Association, and the books, records and financial statements of the Association. The Association shall be required to make available to prospective purchasers of Units current copies of the Declaration, Articles, and Bylaws, and the most recent annual financial statement of the Association. Notwithstanding the foregoing, any inspection of any books or records of the Association will only be permitted upon reasonable notice, during normal business hours or under reasonable circumstances. F. Definitions. Unless the context otherwise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Articles and the Declaration of Condominium of Creekside Corners Condominium, a Commercial Land Condominium. 11 W, i 1= r A. Qualification. Pursuant to the Articles, all of the record Owners of Units shall be members of the Association. Membership for each Unit shall be established upon the recording of the Declaration. Prior to the recording of the Declaration, the incorporator shall be the sole Member of the Association, but its membership shall terminate upon the recording of the Declaration, unless it owns any Units. OR 5180 po 891 B. Changes in Membership. The transfer of the ownership of any Unit, either voluntarily orbyoperation of law, shall automatically terminate the membership of the prior Owner, and the transferee ornew Owner shall automatically become a Member of the Association. It shall be the responsibility of any such transferor and transferee of a Unit to notify the Association of any change in the ownership of any Un|t, and the corresponding change in any membership, by delivering to the Association a copy of the deed or other instrument ofconveyance which establishes a transfer ofownership. In the absence of such notification, the Association shall not be obligated to recognize any change in membership or ownership o/ a Unit for purposes of notice, voting, Assessments, orfor any other purpose. C. Member Register. The secretary of the Association shall maintain o register in the office of the Association showing the names and addresses of the members of the Association. It shall be the obligation of each Member of the Association adviseto h f any charige-o 1Z, ve. Upon the request of the ownership of the Member' S Association, any Member w (or rtgaged) his Unit shall notify the Association of the nam,6' a dress of his mo 9 e. Any Member who satisfies the mortgage encumberi4 hi I n ti he sisociation thereof, and shall file a copy of the satisfactiontof =Irt�og6,,Wit , e ' ' 0' iation.", \ A, Voting R[gh w4e`4410tingte�e� all be as set forth in the h 4 1) person, or is owned by han an in s e cast as set forth below, and votes shall not be divis B. acts approved by o majority of the votes present in o meeting at which u quorum is present shall be binding upon all members and Owners for all purpomon, except where otherwise provided by |avv, in the Declaration, in the Articles or in these Bylaws. Unless otherwise so provided, etany regular nrspecial moeting, the presence in person or by proxy of persons entitled to cast one-third (1/3) of the votes of all the members ohoU constitute aquorum. C. Determination aatoVoting Rights. In the event any Unit is owned byone individual, his right to cast the votes for the Unit shall be established by the record title tohis 2. In the event any Unit is owned by more than one individual mby onentity, the votes for the Unit may bocast at any meeting by any co -Owner of the Unit pnovided, however, that in the event o dispute arises between the co -Owners aatohow the votes for the Unit shall be oeet, or in the event the co -Owners are unable to concur intheir decision upon any subject requiring ovote, they shall lose their right to cast the votes for the Unit on the matter being voted upon o1that meeting, but their membership shall be OR 5180 Pc 892 counted for purposes of determining the existence of a quorum. For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Unit shall be deemed co -Owners of the Unit, and the directors and officers of a corporation owning a Unit shall be deemed co -Owners of the Unit. 3. Proxies. Every Member entitled to vote at a meeting of the members, or to express consent or dissent without a meeting, may authorize another person or persons to act on the Member's behalf by a proxy signed by such Member or his attorney -in -fact. Any proxy shall be delivered to the secretary of the meeting at or prior to the time designated in the order of business for delivering proxies. Members may not vote by general proxy, but may vote by limited proxy. Limited proxies and general proxies may be used to establish a quorum. Limited proxies may also be used for votes taken to amend the Articles or Bylan,,,or � a ra, ers matter that requires or permits a vote of the membwt[' Abe effective only for the specific meeting forIh originally �irnd any lawfully adjourned meetings' t�tsr of. In no event shalt? hiWVroxy be valid for a period longer, tharfnJinety{90)_days after the date of the first meeting for which it was gtewer,.� pr&y'shail be,\ revocable at any time at the pleasure of, .the M , "e q +t Emery proxy shall specifically set forihIthel is e ' e�p�r�o v l: °; � roxy, and the name of the pens rya th r t�i , t tit pox§,, of hit�Every proxy shall contain the t%' Al �°=�nii ace ofEl� me'g N%4hich the proxy is given, and ii ' imited roxy, shall t fo h fho items which the holder vote, andthe ma i t /thproxy e votes are to be cast. Proxies -b used for a vote , ive° or reduce reserves must contain ?plcuous notice tf waiving, reducing or utilizing reserves for oterj�oses. ►s Y in special assessments. 4. With respect to any action taken by an officer or purported officer of an entity that is and Owner, the Association shall have no duty to inquire as to the authority of such partner, officer or director. IV. MEMBERSHIP MEETINGS. A. Persons Entitled to Attend. In the event any Unit is owned by more than one person, all co Owners of the Unit may attend any meeting of the Members. In the event any Unit is owned by a corporation, any director or officer of the corporation may attend any meeting of the members. However, the votes for any Unit shall be cast in accordance with the provisions hereof. Institutional Lenders have the right to attend all Members meetings. B. Place. All meetings of the members shall be held at the principal office of the Association or at such other place and at such time as shall be designated by the Board and stated in the notice of meeting. C. Notices. Written notice, which must include an agenda, stating the place, day and hour of any meeting and, in the case of a special meeting, the purpose or OR 5180 PG 893 purposes for which the meeting is called, shall be given by first-class mail, hand delivered or electronically transmitted delivered to each Member entitled to vote at such meeting and shall be posted in a conspicuous place on the Condominium Property, not less than fourteen (14) nor more than sixty (60) days before the date of the meeting, and upon notice to the Unit Owners, the Board shall by duly adopted rule designate one or more specific locations on the Condominium Property upon which all notices of Unit Owner meetings shall be posted. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Member at his address as it appears in the records of the Association, with postage thereon pre -paid. For the purpose of determining members entitled to notice of, or to vote at, any meeting of the members of the Association, or in order to make a determination of the members for any other purpose, the Board shall be entitled to rely upon the Member register as same exists fourteen (14) days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. Notwithstanding the foregoing, if a Unit is owned by mort!°td o indi. !dual or by an entity, only one notice shall be required to be given wrt)i q�t t�E ,.which may be given to any co - Owner as defined hereinab©ve dfi; kit se Bylaws � ' �o any Member or co -Owner shall be sent to the Unit of Such Member or co -Own "un{ess the Owner of the Unit requests otherwise. / —MwW , \ \ D. Waiver of Nsalleater; is required to be given to any Member under the provEsio s f t Artile off., s, or as otherwise provided b law, a waiver thereo ti s reed` a rsj3n . arsons entitled to such Y y��p 1 notice, whether before r�et irtlrrt�tatedti, rein;"t&ll uivalent to the giving of such notice. Attendancq�of Member at a meetm shall qt to a waiver of notice of such meeting, except whe Member objectsth'triing of the meeting to the transaction of any business se the meeting is �d°atFutly called or convened. E. Annual Meeting T rims ei 'for the purposes of electing directors and transacting any other"b�es be held once each year at a time and place to be determined by the Board and as is contained in the notice of such meeting. F. Special Meetings. Special meetings of the members may be called at any time -by any director, the president, or at the request, in writing, by not Tess than twenty-five percent (25%) of the members, or as otherwise provided by law. Such request shall state the purpose of the proposed meeting. Business transacted at all special meetings shall be confined to the subjects stated in the notice of meeting. Notice of any special meeting shall be given in accordance with paragraph C, above. G. Adjournments. Any meeting may be adjourned or continued by a majority vote of the members present in person or by proxy and entitled to vote, or if no Member entitled to vote is present, then any officer of the Association may adjourn the meeting from time to time. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjourned meeting, if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and any business may be transacted at the adjourned meeting that might have been transacted at the original meeting. If the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, notice of the adjourned meeting may be given to Members not present at the .4 OR 5180 PG 894 original meeting, without giving notice to the Members which were present at such meeting. H. Organization. At each meeting of the members, the president, the vice president, or any person chosen by a majority of the members present, in that order, shall act as chairman of the meeting. The secretary, or in his absence or inability to act, any person appointed by the chairman of the meeting, shall act as secretary of the meeting. I. Order of Business. The order of business at the annual meetings of the members shall be: 1. Determination of chairman of the meeting; 2. Calling of the roll and certifying of proxies; 3. Proof of n c # g vir 1 r of notice; 4. Readfn d disposal of any Una rod minutes; 5. Re'oort of iFr cers car com ittees: 6. I jbmi at' n d elOctip it p c fs f e 7. D�itron of riu%ntferMdird 8. Ele�f directors;`f,j� 9. Unfinisrsiness;, . 10. New business..a 11, Adjournment. J. Minutes. The minutes of all meetings of the members shall be kept in a book available for inspection by the members or their authorized representatives, and the directors, upon reasonable notice, during reasonable times. The Association shall retain these minutes for a period of not less than seven (7) years. K. Actions Without a Meeting. Any action required or permitted to be taken at any annual or special meeting of the members of the Association, may be taken without a meeting, without prior notice, and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all members entitled to vote thereon were present and voted. Within ten (10) days after obtaining such authorization by written consent, notice shall be given to those members who have not consented in writing, and such notice shall be mailed, hand delivered or electronically transmitted. The notice shall fairly summarize the material features of the authorized action. If a Unit is owned by more than one (1) person or by a corporation, the consent for such Unit need only be signed by one (1) person Z OR 5180 PG 895 who would be entitled to cast the vote for the Unit as a co -Owner pursuant to these Bylaws. V. DIRECTORS. A. Membership. The affairs of the Association shall be managed by a Board of not less than three (3) nor more than nine (9) directors. So long as the Developer is entitled to appoint any director pursuant to the Articles, the number of directors will be determined, and may be changed from time to time, by the Developer by written notice to the Board. After the Developer is no longer entitled to appoint any director, the number of directors may be changed at any meeting where the members are to elect any directors by the then existing Board, if prior to such meeting of the members the Board votes to change the number of directors and such change is indicated in the notice of the meeting sent to the members, or by the members at the meeting prior to the election of directors. If the number of directors on the Board is not changed, then the number of directors shall be the sEpaa " e ber on the Board prior to such meeting (plus any unfilled vacancies c: it e ration or removal of a director). In any event there shall alwaysk�srr"odd number of i��#brs. B. Election the members of the As cti6h of directors to be elected by the followtnq manner: 1. Withi !,V rfinety 90) pie members other than the dr w t l jlttXect, n r d r rs, as provided in the A�t r with*4fif ety top) da �s°aft e Developer notifies the Ation that it waives it �)ghtto 1 `,,int one or more directors, the t��iation shall call al,v peting of the members to elecf iy °directors the membeifk, then entitled to elect, or to replace ,t ags,apprdir opriate numbs o ectors previously appointed by the Qevlor secrmeeting may be called and the notice given yb rh er"if the Association fails to do so. At such special meeting the members shall be required to elect any directors which they are entitled to elect, and if they fail to do so any directors appointed by Developer which would have been replaced by any directors elected by the members may resign without further liability or obligation to the Association. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise. Not less than sixty (60) days before a scheduled election, the Association shall mail, deliver, or electronically transmit, whether by separate Association mailing or included in another Association mailing, delivery, or transmission, including regularly published newsletters, to each Unit Owner entitled to a vote, a first notice of the date of the election. Any Unit Owner or other eligible person desiring to be a candidate for the board must give written notice to the Association not less than forty (40) days before a scheduled election. The Association shall mail, deliver, or electronically transmit a second notice of the election to all Unit Owners entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, 0 OR 5180 PG 896 the Association shall include an information sheet, no larger than 8 '/2 by 11 inches, which must be furnished by the candidate not less than thirty five (35) days before the election, to be included with the mailing, delivery or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be born by the Association. The Association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the Association may print or duplicate the information sheets on both sides of the paper. Except as provided above, the members shall elect directors at a special meeting of the members. 3. Prior to any special or annual meeting at which directors are to be elected by the members, the existing Board may nominate a committee, eshall nominate one (1 ) person for each dir if o aeled wit nembers, on the basis that the 4. num"t,ifc"rrectors to serve,at the n ewaers at the members m directorihfus cFeated at theme( and will not be altered by Nominations for additional ill be made from the floor, n the floor. riheht; however, at least twenty wils mWicast a ballot in order to Iers ; Board. No Unit Owner v9te� tfis or her ballot, and any �attp.= deemed invalid. A Unit r�Za tJng the ballot for the reasons y obtain assistance in casting the ballot ? ' r ,treing entitled to cast his votes for each of as ma vy,:d inee§ as there are vacancies to be filled. There shall be no cumulative voting. any other per improperly cash seeds assistance "ida Statute 10,1J C. Term of Office. All directors elected by the members shall hold office until the next annual meeting of the members and until their successors are duly elected, or until such director's death, resignation or removal, as hereinafter provided or as otherwise provided by statute or by the Articles. d, Organizational Meeting. The newly elected Board shall meet for the purposes of organization, the election of officers and the transaction of other business immediately after their election or within ten (10) days of the same at such place and time as shall be fixed by the directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary. E. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the directors. No regular meetings of the Board will be required. F. Special Meetings. Special meetings of the Board may be called by any director, or by the president, at any time. OR 5180 Pc 897 G. Notice of Meetings. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the Condominium Property at least forty-eight (48) continuous hours preceding the meeting except in an emergency. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus -one of the members of the Board. Such emergency action shall be noticed and ratified at the next regular meeting of the board. However, written notice of any meeting at which: (1) nonemergency Special Assessments, or (2) amendments to rules regarding Unit use will be considered shall be mailed, delivered, or electronically transmitted to the Unit Owners and posted conspicuously on the Condominium Property not less than fourteen (14) days prior to the meeting. Evidence of compliance with this fourteen (14) day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the Association. Upon notice to the Unit Owners, the Board shall by duly adopted rule designate a specific location on the Condominium Property or Association Property upon which all notices of Board meetings shall be posted. H. Meetings to Ad I�dgets'and'A"�ments. Any meeting at which a proposed annual budget of��1aI s"ociation wilf�'sidered by the Board or Unit Owners shall be open to a`ll iMf Owners. At least f rteen (14) days prior to such a meeting, the Board shall hand" 4611vert-to_each_Uit Owner, mail to each Unit Owner at the address last furnished to the %4-sbeiation,by the'�,Unit Ovvner\or electronically transmit to the location furnished by )h " rl ff o� notice of such meeting and a copy of the proposed an I b t j A is r r $ a0ager of the Association, or other person providing nQIIJ of � e in. , sh I xe ulpi an affidavit evidencing compliance with such notice e `uire.ucW hall be filed among the official records of the Association. Evidence of pliance�Wih the foregoing fourteen (14) day notice shall be rri "by an affidavit exeby person providing the notice and filed among the officiate �dords of the Associations `notice to the Unit Owners, the Board shall by duly adopt le..designate a_ i cation on the Condominium Property or Association Prope' ," L'ign, wh` 4 aces of Board meetings shall be posted. Notice of any meeting in why: egular special assessments against Unit Owners are to be considered for any reason shall specifically state that assessments will be considered and the nature, estimated cost and description of the purposes of such assessments. Meetings of a committee to take final action on behalf of the Board or make recommendations to the Board regarding the Association budget are subject to the provisions of this paragraph. However, meetings of a committee that does not take final action on behalf of the Board or make recommendations to the Board regarding the Association budget are not subject to the provisions of this section. If a Board adopts in any fiscal year an annual budget which requires Assessments against Unit Owners which exceed one hundred fifteen percent (115%) of Assessments for the preceding fiscal year, the Board shall conduct a special meeting of the Unit Owners to consider a substitute budget if the Board receives, within twenty-one (21) days after the adoption of the annual budget, a written request for a special meeting from at least ten percent (10%) of all Voting Interests. The special meeting shall be conducted within sixty (60) days after adoption of the annual budget. At least fourteen (14) days prior to such special meeting, the Board shall hand deliver to each Unit Owner, or mail to each unit owner at the address last furnished to the Association, a notice of the meeting. An officer or manager of the association, or other person providing notice to such meeting shall execute an affidavit evidencing compliance with this notice H. OR 5180 Pc 898 requirement, and such affidavit shall be filed among the official records of the Association. unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all Voting Interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board shall take effect as scheduled. Any determination of whether Assessments exceed one hundred fifteen percent (115%) of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Hoard does not expect to be incurred on a regular or annual basis, or Assessments for betterments to the Condominium Property. If the Developer controls the board, Assessments shall not exceed one hundred fifteen percent (115%) of Assessments for the prior fiscal year unless approved by a majority of all Voting Interests. In addition to a accounts for capital expendit� the Developer have determ! Association, to provide nd re However, prior to tumovor of� other than a Developer' the/ funding of reserves for th1W beginning with the fiscal ye, reserves may be waived or r-E Voting Interests voting int pe Association. nI�6r*iing ex�0 s the budget shall include reserve d'deferred mai unless Members other than by a majority vote a quly called meeting of the ves-or less rese ves than required by this subsection. Tr an,. - ssocfa"on by the Developer to Unit Owners t 1'—" e vtaNe,thekreserves or reduce the I ° �c p 4al the association's operation, vh it9acleclarafit�n lorded. After such time , d OX pdnthe vot o a i ajdrity of all non -developer i or by limited YRipy at y C# ly called meeting of the H��� sr+-9eur?jt I. Quorum and MobAi -of. Acting A rg! jf9 ,,,df the directors determined in the manner provided in these I w i to quorum for the transaction of any business at a meeting of the Board aq Majority of the directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number of directors is required by the Declaration, Articles or by applicable law. A director who is present at a meeting of the board shall be deemed to have voted in favor of any action taken, unless he voted against or abstained from voting because of an asserted conflict of interest. The vote or abstention of each director present on each issued voted upon shall be recorded in the minutes. J. Committees. The Board may, by resolution duly adopted, appoint committees. Any committee shall have and may exercise such powers, duties and functions as may be determined by the Board from time to time, which may include any powers which may be exercised by the Board and which are not prohibited by law from being exercised by a committee. K. Resignation. Any director may resign at any time by giving written notice of his resignation to another director or officer. Any such resignation shall take effect at the time specified therein or, if the time when such resignation is to become effective is not specified therein, immediately upon its receipt, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Removal of Directors. Directors may be removed as follows: E OR 5180 PG 899 Any director other than a director appointed by the Developer may be removed by majority vote of the remaining directors, if such director has been absent for the last three (3) consecutive Board meetings and adjournments and continuances of such meetings. 2. Any director other than a director appointed by the Developer may be removed with or without cause by a majority of the votes of the members of the Association at a special meeting of the members called by not less than ten percent (10%) of the members of the Association expressly for that purpose. The vacancy on the Board caused by any such removal may be filled by the members at such meeting or, if the members shall fail to fill such vacancy, by the Board, as in the case of any other vacancy on the Board. M. Vacancies. 1. Vacanci ttae Board may$401cd by a majority vote of the directo"en in office, though 11e0s than a quorum, or by a sole remaining irector:,annd a dKector so chosen shall hold office until the next a►(hit`,bl.election aid, until his successor is duly elected, unless ,soo er", a� . � erg� € rei no directors, then a special e(eet� n f�e rn mb rsl* I "bid; czjlled? to, elect the directors. Nobki' s ands g a yt i cant inid h din to the contrary, the De.Vilbp e all tiaras h TI ha v th rig to appoint the maximum nL"er of directors permit by th� ��r fcles, and any vacancies on�Board may be filled" ho loper to the extent that the num -dfe, directors then servrg�,en the Board which were , appom e, y-the Developer.1 l ,�fhan the number of directors the Develbble -OC11 (`tb point. 2. In the event the Association fails to fill vacancies on the Board sufficient to constitute a quorum in accordance with these Bylaws; any Owner may apply to the Circuit Court of the County in which the Land is located for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to applying to the Circuit Court, the Owner shall mail to the Association a notice describing the intended action giving the Association the opportunity to fill the vacancies. If during such time the Association fails to fill the vacancies, the Owner may proceed with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs and attorney's fees. The receiver shall have all powers and duties of a duly constituted member of the Board, and shall serve until the Association fills vacancies on the Board sufficient to constitute a quorum. A director may join by written concurrence in any action taken at a meeting of the Board but such concurrence may not be used for the purposes of creating a quorum. lug OR 5180 Pc 900 N. Adjourned Meetings. A majority of the directors present at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. O. Presiding Officer. The presiding officer of the Board meetings shall be the chairman of the Board if such an officer is elected and if none, the president of the Association shall preside. In the absence of the presiding officer, the directors shall designate one of their members to preside. P. Order of Business. The order of business at a Board meeting shall be: 1. Calling of roll; 2. Proof gf,que.notice of meefir / )7 3. ReWdingarrdvdisposai,of any 4. ROporf� i p 5. Eje,Oii i f cOrs, 6. Urged business; 7. New bdai Tess• and 8. Adjourn minutes; Q. Minutes of Meetings. The minutes of all meetings of the Board shall be kept in a book available for inspection by the members of the Association, or their authorized representatives, and the directors, upon reasonable notice, during reasonable times. The Association shall retain these minutes and all other records for a period of not less than seven (7) years within Collier County or within forty five (45) miles of the Condominium, and shall be open to inspection by any Association member or the authorized representative of the member at all reasonable times. Alternatively, the Association may offer access to records electronically. Personal information, such as social security, drivers' license and credit card numbers shall not be disclosed. R. Directors Appointed by the Developer. Notwithstanding anything contained herein to the contrary, the Developer shall have the right to appoint the maximum number of directors in accordance with the privileges granted to the Developer pursuant to the Articles. All directors appointed by the Developer shall serve at the pleasure of the Developer, and the Developer shall have the absolute right, at any time, and in its sole discretion, to remove any director appointed by it, and to replace such director with another person to serve on the Board. Replacement of any director appointed by the Developer shall be made by written instrument delivered to any officer or any other director, which instrument shall specify the name of the person designated as successor director. The removal of any director and the designation of his successor 11 OR 5180 Pc 901 by the Developer shall become effective immediately upon delivery of such written instrument by the Developer. S. Compensation. The directors shall not be entitled to any compensation for serving as directors unless the members approve such compensation, provided however, the Association may reimburse any director for expenses incurred on behalf of the Association, without approval of the members. T. Powers and Duties. The directors shall have the right to exercise all of the powers and duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. V1. OFFICERS. A. Members and Qualifications. a president, vice president, treasurq�rr directors and may be removed.#r' rNta %° person may hold two or more '-c secretary. The Hoard may'," their powers and duties a 'the..Agwd shalt j the Association from time to time:�­-a h of board following the next an� have been duly elected, rtr� andlshlvq a resigned, or until he shatll9,44e eMrefn iv+ yes except time to time, The officers of the Association shall include Illy r, all of whom shall be elected by the �t��.,"tt cause by the directors. Any tha Ie sident shall not also be the elect sh tither officers and designate td to Op appropriate to manage the affairs of per shall hold Office until the meeting of the membe ?'`for until his successor shall $01 or ui�ti J'1s death, or until he shall have JI pro�lei iq toe Bylaws. B. Resignatibh<�ny officer may resigat a y tft,, Oy giving written notice of his resignation to any dire ter officer. Any sucfi` 0iiae,ihall take effect at the time specified therein, or if theeek#s pot time specified the*t .rfnmediately upon its receipt and unless otherwise specifi *"rein accept", the acceptsuch resignation shall not be necessary to make such resignettQn live C. Vacancies. A vacancy in any office, whether arising from death, resignation, removal or any other cause may be filled for the unexpired portion of the term of such vacant office, in the manner prescribed in these Bylaws for the regular election or appointment of such office. D, The President. The president shall be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of president of an Association or corporation including, but not limited to, the power to appoint committees from among the members from time to time, as be may in his discretion deem appropriate to assist in the conduct of the affairs of the Association. E. The Vice President. The vice president shall, in the absence or disability of the president, exercise the powers and perform the duties of the president. He shall also assist the president generally and exercise such other powers and perform such other duties as may be prescribed by the directors. F. The Secretary. The secretary shall prepare and keep the minutes of all proceedings of the directors and the members. He shall attend to the giving and serving of all notices to the members and directors and other notices required by law. He shall have custody of the seal of the Association and affix the same to instruments requiring a im OR 5180 PG 902 seal when duly executed. He shall keep the records of the Association, except those of the treasurer, and shall perform all other duties incident to the office of secretary of an Association, and as may be required by the directors or the president. G. The Treasurer. The treasurer shall have custody of all property of the Association, including funds, securities, and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board for examination at reasonable times. He shall submit a Treasurer's Report to the Board at reasonable intervals and shall perform all other duties incident to the office of treasurer. He shall collect all Assessments and shall report to the Board the status of collections as requested. H. Compensation. The officers shall not be entitled to compensation unless the Board specifically votes to compensate them. However, neither this provision, nor the provision that directors will not 4e. _._ unless otherwise determined by the members, shall preclude the �`aNdirector or an officer as an employee of the Association ,orflpensating subs e"r ioyee, nor shall they preclude the Association from contractvvith a director for theianagement of property subject to the jurisdiction of the Association orfor-t "rpyision of services to the Association, and in either such eventAo pay sbdffd ect a reasonable Jee Jor such management or provision of services.' jg {0,11 a Ic VII. FINANCES AND A§� MENTS. r A, Assessment I. The Association sha4t*Jrr�infain an Assessment roll for each Unit, designating the n � .qurrent mailjnq I ss of the Owner, the amount of each Assessment against sucl dates and amounts in which the Assessments come due, the amou i " at�u�iw� the account of the Owner, and the balance due. B, Depositories. The funds of the Association shall be deposited in such banks and depositories as may be determined and approved by appropriate resolutions of the Board from time to time. Funds shall be withdrawn only upon checks and demands for money signed by such officers, directors or other persons as may be designated by the Board. Fidelity bonds as required by the Declaration shall be required of all signatories on any account of the Association. C. Depositing of Payments. All sums collected by the Association from Assessments may be deposited in single fund or divided into more than one fund, as determined by the Board. D. Accounting Records and Reports. The Association shall maintain accounting records according to good accounting practices. The records shall be open to inspection by Owners and Institutional Lenders or their authorized representatives, at reasonable times. Within ninety (90) days after the end of the fiscal year, or annually on a date provided in the Bylaws, the Association shall prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year. Within twenty-one (21) days after the final financial report is completed by the Association or 13 OR 5180 PG 903 received from the third pady, but not later than one hundred twenty (120)days after the end of the fiscal year or other date as provided in the Bylaws, the Association shall mail hoeach Unit Owner atthe address last furnished tothe association bythe Unit Owner, or hand deliver to each Unit Owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt ofawritten request from the Unit Owner. The Association shall prepare an annual report ofcash receipts and disbursements. /\ report of cash receipts and disbursements must disclose the amount ofreceipts by accounts and receipt classification in the amount of expenses by accounts and expense classifications inu)uding, but not limited to, the following, as applicable: hexee, insurance nnsta, building maintenance and repair, expenses for lawn cave, expenses for refuse collection and utility services, security, professional and management h*eo and expenoeo, administration and ao|ery expenoeo, and reserves accumulated and expended for capital expenditures, deferred maintenance and any other category which the Association maintains reserves. E. Reserves. Subjoct't tt*0e.Mb 50r,� ht to waive reserves for the first two (2) years of operation, the' 1� get -of the Assoc"' N,all provide for a reserve fund for the periodic maintenarttd�,'rdpair and replaceme�, e Common Elements and other property which the Assodia�tion-is o4riq*f�d tp, maintain (ifany). Vill. PARLIAMENTARY the conduct of the Assoc tij'n�le�inqsy Articles or these Bylaw IX. AMENDMENTS. Except, as otherwise p the following manner: A. Notice. otic" subject included in the notice of n'- e , Edition) shall govern with the Oeclaradon, may beamended in oposed amendment shall be nooseamendment is to be B. Initiation. Aresolution to amend these Bylaws may beproposed either by any director, or byorcdthe direction of members holding twenty-five percent (2596) or more of the votes of the Association. C. Adoption of Amendments. Aresolution for the adoption ufthe proposed amendment shall be adopted by not less than m majority of the votes of the anhna membership ofthe Association. Notwithstanding the foregoing, these Bylaws may be amended solely bythe Board, upon the unanimous vote ofthe directors and without the vote or approval of the mambmns, if the purpose of such amendment is oo|a|y to conform these Bylaws to the provisions of any opp|ioeb|a state statute including any amendment hVany statute hereafter adopted. Notwithstanding anything contained herein tothe contrary, solong as the Developer is entitled to appoint o majority of the directors, 14 OR 5180 PG 904 the Developer shall have the right to unilaterally amend these Bylaws without the joinder or approval of the Board or Members and so long as the Developer owns any Unit for sale in the ordinary course of business, no amendment to these Bylaws shall be effective without the written approval of Developer. D. After turnover of control of the Association to members other than the Developer, no amendment shall make any changes in the qualification for membership nor in the Voting interests of members without approval by all of the members and the joinder of all record owners of mortgages upon the Units. No amendment shall be made that is in conflict with the Declaration or the Articles. Prior to the closing of the sale of all Units, no amendment shall make any changes which would in any way affect any of the rights, privileges, powers or options herein provided in favor of or reserved to, the Developer, unless the Developer shall join in the execution of the amendment. E. These bylaws shall neat-� revised or amended by reference to title or number only. Proposals to amends h elwfaws�" fI fI�oontain the full text of the bylaws to be amended. New words inserted ii`yth% underlined, and words to be deleted shall be lined throe wlih hyphens. Howe, f if",the proposed change is so extensive that this procedure ,Wputd hinder, rather that 4ssist, the understanding of the proposed amendment, it is not necessary ,t. use"underlining and hyphens as indicators of words added or deleted,.,,- irast�d c-Rotatlo . test be inserted immediately preceding the proposed am" ' i s' b t n ill f e9 Mowing language: "Substantial rewording of bylaw. Se ' w r f r 6res6n -. xt" yy Execution and R4*ding. No modificatio' f, odametr bent to, the Bylaws, shall be valid until recorded inkth0 < . pubic records of tt+hich the Condominium is located. F X. MISCELLANEOUS. A. Tenses and Genders. The use of any gender or any tenses in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires. B. Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, the remaining provisions shall, nevertheless, be and remain in full force and effect. C. Conflicts. In the event of any conflict, the Declaration, the Articles and these Bylaws shall govern, in that order. D. Captions. Captions are inserted herein only as a matter of convenience and for reference, and in no way are intended to or shall define, limit or describe the scope of these Bylaws or the intent of any provision hereof. E. Waiver of Objections. The failure of the Board or any officers of the Association to comply with any terms and provisions of the Declaration, the Articles, or these Bylaws which relate to time limitations shall not, in and of itself, invalidate the act done or performed. Any such failure shall be waived if it is not objected to by a Member of the Association within ten (10) days after the Member is notified, or becomes aware, of the failure. Furthermore, if such failure occurs at a general or special meeting, the 15 OR 5180 PG 905 failure shall be waived as to all members who received notice of the meeting or appeared and failed to object to such failure at the meeting. The foregoing was adopted as the Bylaws of the Association this Zak day of July, 2015. Bradley E. Stockham, President �[�, David Genson, Secretary R Ccrir�tte Seal) W. OR 5180 PG 906 Exhibit "E" - Page 1 of 3 Stantec Legal Description Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Sign Easement 1) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the westerlymost corner of said Tract "5"; Thence along the boundary of said Tract "5'� South 05035'39" East 444.37 feet; Thence leaving said boundary Norte; East 10.00 feet to the POINT OF BEGINNING;'{ �l `r... Thence continue along'' a , i;ne North 84°2, 'il-" a t 10.00 feet; Thence South 05035'39" €4t 10.00 feet, Thence North 89052'52" EasMt4 87-ef;��`�t Thence South 0501315011 West, f Thence South 89058'2" e� 2� 1 Thence North 05.3,' ' We fAd4le t o the p6i�T ,F BEGINNING. Containing 0.01 acres�`h-r�te or less. Vf�, Subject to easements a(Woestrictions of record ' Bearings are based on tt v st aline of said Tract �"; ,bE North 05°35'39" West. -44 Certificate of authorization #LB-7866----"--- Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: Date: July 22, 2015 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1007D OR 5180 Pc 907 Exhibit "E" - Page 2 of 3 OWN ec Legal Description Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Sign Easement 2) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the westerlymost corner of said Tract "5"; Thence along the boundary of said Tract_"5", South 05035'39" East 544.05 feet; Thence leaving said boundary. ti tam 'M Q0 East 10.50 feet to the POINT OF BEGINNING; _der. Thence North 00°01'31",120.00 feet; Thence North 89058'29" feet; Thence South 00°01'31" EastDQO fet; Thence South 89°58'29" 1' 4o,, fi 44,etI., O BEGINNING. Containing 0.02 acre, Vie' or toss. m °s� 'd I Subject to easement restricfion �o bbrd Bearings are based or west line of said Toct 9 North 05°35'39" West k1 P ,"'•,�r` Certificate of authorization Stantec Consulting Services, Inc. " Registered Engineers and Land Surveyors By: Date: July 22, 2015 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1007D OR 5180 Pc 908 ••3'f1n'd�3 Da� mS -%/ µ�a y�V2iZ aj+�21 LLu•Lk'�++. j y x �v `\ I y i I n c � � z A m a I > CJ( > L my im.,, ' ., IP I v ____ ------- -- YE _---- 7y 1 !Let-olm s"m 'LfGI wo c> � z c m �I `m Im -0r dr I W�i7 o 0 r I R7� z� IZ 0? A , T N D (OII W� N r 4Ll1 K Z o z � N?W I r N 1� I 1 �I r it r m pp i (N myT I m NNyA I II II Z ~ I 1 nr C O � mm9 / (gas ws) avox HHI"OWWI r r r co J r r 01 0 r r A L.N rr r cm z Vl 0 COO z z 00O(o w to 000n z w w z 0 en w z OOn z m Ono I. 01000 W O(TOO V; (T (O Cn (O NA N , n fmf**tt ND WV O W O (n UI 0o W N UIWA A �7 N (H N W O (A O 1D W N (D (O (71 N O N L N 10 N W z -. (D 0 �mM::9 iriF��mrrimrirri 0O000 O 226-5 O OO�A 01 N W J000 v(Zj rn Exhibit "Ell - Page 3 of 3 �0,f SA�m_D pm _N A W r>vav v(>vvmW z 00�'<� mCialCOOo iL zm a;. �m 'E WAn ii Z Nn y �N 4�tl•tl tl 1200�� O A; ti CDGl�mcmE OO Iy��1 a�a�miZC ���m WN zym=z-a GC9. 6i;DAD n H oin, D� C ov fin- 8 ZmCWN Am� $5 0 �R V I OR 5180 PG 909 Exhibit 'IF" - Page 1 of 3 rt Legal Description Being a part of Tract "5", Creekside Commerce Park East, Plat Book 54, Pages 84-86, Collier County, Florida. (Access Easement) All that part of Tract "5", Creekside Commerce Park East, Plat Book 54, pages 84-86, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the westerlymost corner of said Tract "5"; Thence along the boundary of said Tract "5", South 05°35'39" East 487.81 feet to the POINT OF BEGINNING; Thence leaving said boundary4e�t al® arc of a circular curve concave north having a radius of 25&f� I ,ugh ce_ ,angle of 11'10'42" and being subtended by a chord wflttrs South 84°26'b "E t,4.87 feet; Thence North 89°52'40'r Et 6.52 feet; Thence 39.19 feet along theGc of a non -tang tial ciroular.curve concave northwest having a radius of 5.00 featrt ough central angle of 89049'24" and being subtended by a cql_ ch bears East 35.30 feet; Thence North 00°00'00'. st� .6 feet'%K! Thence 80.05 feet a c �i ark'Qf circular curkc � est having a radius of 488.00 feet through � ;et�ir-6 ngle�& 09°23� " ar eiH"t�btended by a chord which bears North 0 °4�1'58" West 79.96 feet point, i6verse curvature; Thence 50.08 feet alo 'h'e, arc of a circular c� 6oWcQ6 east having a radius of 1,012.00 feet through a tri'aangle of 02°50'08" dieing subtended by a chord which bears North 07 58' st 0.08 feet.�� p i 'of compound curve; Thence 77.82 feet along the o f 7�c concave southeast having a radius of 49.00 feet through a cenfral.'a 059'40" and being subtended by a chord which bears North 38°56'01" East 69.90 feet; Thence North 84°25'51" East 60.98 feet; Thence 52.73 feet along the arc of a circular curve concave south having a radius of 524.00 feet through a central angle of 05°45'58" and being subtended by a chord which bears North 87018'50" East 52.71 feet; Thence South 89°48'09" East 263.67 feet; Thence 41.22 feet along the are of a circular curve concave north having a radius of 300.00 feet through a central angle of 07°52'23" and being subtended by a chord which bears North 86°15'39" East 41.19 feet; Thence North 82*19'28" East 30.07 feet; Thence 44.52 feet along the arc of a circular curve concave south having a radius of 324.00 feet through a central angle of 07°52'23" and being subtended by a chord which bears North 86°1539" East 44.49 feet; Thence South 89°48'09" East 6.84 feet; Thence 4.99 feet along the arc of a non -tangential circular curve concave north having a radius of 25.05 feet through a central angle of 11'25'14" and being subtended by a chord which bears North 83°54'07" East 4.98 feet to a point on the boundary of said Tract "5"; Thence along said boundary South 00°00'00" East 25.06 feet; Thence leaving said boundary 5.08 feet along the arc of a non -tangential circular OR 5180 PG 910 Exhibit 'IF" - Page 2 of 3 } curve concave south having a radius of 25.00 feet through a central angle of 11°37'54" and being subtended by a chord which bears North 83°59'12" West 5.07 feet; Thence North 89°48'09" West 6.84 feet; Thence 41.22 feet along the arc of a circular curve concave south having a radius of 300.00 feet through a central angle of 07°52'23" and being subtended by a chord which bears South 86°15'39" West 41.19 feet; Thence South 82°19'28" West 30.07 feet; Thence 44.52 feet along the arc of a circular curve concave north having a radius of 324.00 feet through a central angle of 07°52'23" and being subtended by a chord which bears South 86°1639" West 44.49 feet; Thence North 89°48'09" West 263.67 feet; Thence 50.32 feet along the arc of a non -tangential circular curve concave south havinga radius of 500.00 feet throu�i angle of 05°45'58" and being subtended by a chord which a outh- ' . 'rWest 50.30 feet; Thence South 84 25 51 0l1.98 feet, Thence 39.70 feet along+tl,arc of a circular curve ccave southeast having a radius of 25.00 feet through ���entral angle of,gQ059'40" and being subtended by a chord which bears South 8°56'0 11/est 35.66 et to appoint of compound curve; Thence 48.89 feet along,' e f`-Or�iroulSlve east having a radius of 988.00 feet through a co tr ¢1 an I f d0 09. " a d `` in subtended by a chord which bears South 72" EA 18,Vf to a i t o arse curvature; Thence 83.99 feet alQg the "arc of a circular carve cnc west having a radius of 512.00 feet through entral angle of 09°23'5nc bein btended by a chord which bears South 04 v , .." East 83.90 feet; Thence South 00°00'00��at� 4.03 feet; Y Thence 76.82 feet along tha e.aacircularure3oCave northwest having a radius of 49.00 feet through �icer'tr „rid�e c � 9'24" and being subtended by a chord which bears South 44*54'4� i14feet to a point of reverse curvature; Thence 9.09 feet along the arc of a circular curve concave south having a radius of 25.00 feet through a central angle of 20°49'42" and being subtended by a chord which bears South 79°24'33" West 9.04 feet to a point on the boundary of said Tract "5"; Thence along said boundary North 05°35'39" West 26.24 feet to the POINT OF BEGINNING. Containing 0.43 acres more or less. Subject to easements and restrictions of record. Bearings art based on the west line of said Tract "5", being North 05°35'39" West. Certificate of authorization #LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: Date: Junel 25, 2015 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2 L-1007 D 2 *** OR 5180 Pc 911 *** > O %n II•m � � O � 0 rrn r A. : z AHU)m fig, ,nv D C. cf) �O A 0 Vl I AO� C �rnr^'„TI_ 70 < n0mm m I� moo 1�'mZn� O O. myZ J x O It "b'" - page 3 OT 3 rl isvxI n y I I I r I Ip I I � I m _ On I 10I I J �� Ei� a►� ,,� I Cn I �I 00 t l o V <' I cm z T I �ma ------- 3*8 ZAZ-91rc WVJ 'L*t, O — -- -- W .... ...O'er J W ♦ 4N�� N��WNY��YNUb •''eon •� 4U.... �',' o�A � GNN�IliO►ONU# GG4''p O�+ONm,(Nl�UO yyD oo0.88 86o'-'Qg985.68 S 'b W 'b W 4mm0� b.WD04NIJ$mNN �NJ'�ww. � N JOO W N mNb b py2 W y Amtpt b NOD ++NU(N�.� U+ W WN O J.�OOA NNyN qN W bNOt bOWiUNN�2 NZZ z 12 R W ItYW It W mY .YeeaW. AAA c Np lid�NmA _ by V!N W �t m '- O Wb o.ou� On 'a-s) avow 33'IV3Iowwl iww' :o oa�wui�n �i�m IR oWN 8 o W oISb W 0 p Z Nroo�wo�UW�i4p+W m� A 1r�mv Off' W ♦• Jv0'9iG N W � �m�~ O i x-am mN m 1/�(Y O.p ppt�00mW j pC% mcinoob�i�zp � l^ i Z W Z N A N = N N 4 p; y Z ...9�—o'.Ur''t >A 00 m am�-ippmu 6m Z 0 b'O.I +OiyWZ W� ODD A A main>Mip D �H;�.YEm Wmy Cy_S�0. I F,. Z m y ��'rC'N N:ZmG �II �z, 'p _,q G S 1� �x v czi INSTR 5007099 OR 5057 PG 2811 RECORDED 7/14/2014 4:17 PM PAGES 70 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $596.50 This instrument prepared by and after recording return to: Cheryl L. Hastings, Esq. GRANT FRIDKIN PEARSON, P.A. 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108 DECLARATION OF CONDOMINIUM OF CREEKSIDE EAST LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM This Declaration of Condomtnt oitekstdeZ L�ni Condominium, a Commercial Land Condominium (the "Declaration"),i 1�"lhis day of Jt , 2Q14, by CREEKSIDE EAST, INC., a Florida corporation (the "Declarant")T itselfand its successors, grantees and assigns. 1. OWNERSHIPS The Declaint. -o s ano intends to� develop a commercial land Condominium to be known as CrefCsFdsa�i�nr Commercial Land Condominium (the "Condominium"), on th4 real" propetiy pai�-el tu'� Ott C to Co}tnty, Florida and being more particularly identified and des r as,f libwkithe,�"L HIBIT `:A", ATTA D iIER,(J 2. SUBMISSION SfAT " ENT. Declarant h "submits the Land, as described in Exhibit "A", and all casements, ngh ate autlenances.beongtrtg'"thereto, to the condominium form of ownership and use in the manner proved b 1 1prtt X6 ibriinium Act as it exists on the date of the recording of this Declaration, excluding theiafrom;-however, any public or private utility installations, cable television lines, and other similar equipment that are owned by the entity furnishing such services to the Condominium. The covenants and restrictions contained in this Declaration shall nun with the land and be binding upon and inure to the benefit of all present and future Owners of Condominium Parcels. The acquisition of title to a Unit, or any other interest in the Condominium Property, or the lease, occupancy, or use of any portion of the Condominium Property shall constitute in acceptance and ratification of all provisions of this Declaration as it may be amended from time to time, and shall signify agreement to be bound by its terms. The Condominium Property is submitted to condominium subject to the terms of the Master Declaration, as hereafter defined, and this Declaratior constitutes a Supplemental Declaration as defined in the Master Declaration. 3. NAME AND ADDRESS. The name by which this Condominium shall be identified is CREEKSIDE EAST LAND CONDOMINIUM, a Commercial Land Condo.:ninium. The street address for this Condominium is c/o Bannon Collier Companies, 2600 Golden Gate Parkway, Naples, Florida 34105. 4. DEFINITIONS. The terms used in this Declaration and its exhibits shall have the meanings stated below and in Chapter 718, Florida Statutes, (the "Condominium Act"), unless the context DECLARATION OF CONDOMINIUM Page I of 27 OR 5057 PG 2812 requires otherwise. Capitalized terms used herein have the meaning given to them in the Master Declaration unless otherwise defined. 4.1 "Articles" or "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association, attached hereto as Exhibit "C", as amended from time to time. 4.2 "Assessment" shall mean and refer to a share of the funds required for the payment of Common Expenses which from time to time is assessed against the Units. 4.3 "Association" shall mean and refer to CREEKSIDE EAST LAND CONDOMINIUM ASSOCIATION, INC., a Florida not -for -profit corporation, the entity responsible for the operation of this Condominium. 4.4 "Association Property" shall mean and refer to all property, real or personal, owned or leased by the Association for the usean$entrfit othe Unit Owners. 4.5 "Board of DreOts or "Board" si�lrtter and refer to the representative body which is responsible for the administ'- t!jor of the Association's "Irs,nd is the same body referred to in the Condominium Act as the "136ard of Administration". 4.6 within a Unit. 4.7 "B " *s,,#tqk.Jhwi bf he Assoc�atic i ,attached hereto as Exhibit "D", as amended from time to time.' 4.8 "CommhAE vents" means all of i ie�abl,1 submitted to this Declaration that is not within the Unit boundalli set forth in Section 5.2, b w The Common Elements are defined more particularly in Section 8.1, bel� 4.9 "Common Expenses" `area's aU eazpenses properly incurred by the Association in its performance of its duties, as set forth more particularly herein. 4.10 "_Common Surplus" means the amount of all receipts or revenues, including Assessments, rents or profits collected by the Association which exceeds Common Expenses. 4.11 "Condominium" shall mean and refer to the commercial land condominium created by this Declaration. 4.12 "Condominium Documents" shall mean and include this Declaration and all recorded exhibits hereto, as amended from time to time. 4.13 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements which is appurtenant to the Unit. 4.14 "Condominium Property" means the land subjected to the condominium form of ownership by this Declaration, and all easements and rights appurtenant thereto, but excluding all vertical improvements located thereon. DECLARATION OF CONDOMINIUM Page 2 of 27 OR 5057 PG 2813 4.15 "Declaration" shall mean and refer to this Declaration of Condominium of Creekside East Land Condominium, a Commercial Land Condominium, as amended from time to time. 4.16 "Institutional Mortgagee" shall mean and refer to the mortgagee (or its assignee) of a mortgage against a Condominium Parcel, which mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust. 4.17 "Invitees" means, customers, clients, patients, delivery persons, employees and all others who have reasonable cause to enter the Condominium Property in connection with the business of any Unit Owner or lessee. 4.18 "Land" shall mean and refer to the real property described in Exhibit "A" attached hereto, and any other real property added to the Condominium pursuant to the provisions hereof. 4.19 "Lease" shall renat�er�okalgt a Unit Owner of a temporary right of use of the Owner's Unit for valuable...�crt�sr�t►on. 4.20 "Limited' which are reserved for the use of a of this land Condominium, the D Elements. Limited Common Elen 4.21 "M Owners Association, Inc., a hallmean and i ludes those Common Elements toih exclusIgn of other Units. Due to the nature 1R Lt1 11fVbe few, if any, Limited Common sjfttCommerce Park East Property na�M, �.. 4.22 "Master Ddilarhtion" shall mean the Met ration of Covenants, Conditions and Restrictions and Reservation of E dm ' for Creekside. Cqt Pterce Park East recorded in Official Page 3936 et. s g q ,f tlye Pub lei Girds of Collier County, Florida, and all Records Book 4998, Pa amendments thereto. 4.23 "Owner" shall mean and refer to the record holder of title to a Unit 4.24 "Percentage Interest" shall mean and refer to each Unit Owner's undivided ownership interest in the Common Elements and Common Surplus, as set forth in Section 6.1, below. 4.25 "Rules and Regulations" shall mean and refer to the rules and regulations that may be promulgated by the Board of Directors, governing the use of the Common Elements and the operation of the Association. 4.26 "Unit" shall have the same meaning as the term "Unit" is defined in the Condominium Act, subject to the terms of this Declaration. 4.27 "Voting Interest" means the voting rights of the Association members for each Unit, which shall be equal to the Units Percentage Interest in the Common Elements and Common Surplus. DECLARATION OF CONDOMINIUM Page 3 of 27 OR 5057 PG 2814 UNITS. 5. SURVEY AND PLANS. DESCRIPTION OF CONDOMINIUM: DESCRIPTION OF 5.1 Survey and Plot Plan. Attached hereto as part of Exhibits "A" and `B", and incorporated by reference herein, are a survey of the Land, and a plot plan, which graphically describe the location and dimensions of the Units, including their identification numbers, locations and approximate dimensions and the Common Elements. At the time of the recording of this Declaration, there are no Limited Common Elements in the Condominium. The Condominium is described in Exhibit "A", attached hereto. Exhibit "B" contains the legal description of Unit 1 and Unit 2. Together with this Declaration, the exhibits are in sufficient detail to identify each Unit, the Common Elements, and their relative locations and dimensions. No Unit bears the same designation as any other Unit in the Condominium. 5.2 Unit Boundaries. The perimeter boundaries of each Unit are as depicted on Exhibit "B". There are no upper or lower boundaries -for either Unit. .0 5.3 Utilities. The 11 ntrt be ',�,ed'�to include any pipes, wiring, ducts or other utility installations that are phs�sd�tnP3°within the Unit bo taSes but which serve other Units or the Common Elements.' \ 5.4 Unit Condominium. Each Unit is The aforesaid identifying nun 5.5 Divi Owner thereof under the folli 5.5.1 5.5.2 An am land surveyor depicting the division or su hibit."B" to'&this Detilarai sf 1� ipfi 1'tun de ti y;tl kl�a l+b Unit. itg may id=,��vic e or � i " a � consist of vacanf4dn&dt°the sets forth the Units in the , as shown on Exhibit "B". into smaller units by the time of the division. ii.••is prepared and certified by a registered into smaller Units. 5.5.3 The Unit Owner must prepare a Unit identification scheme assigning a separate identifying number to the each new Unit created. 5.5.4 Each Unit resulting from the division must conform to applicable code requirements. 5.5.5 An amendment to this Declaration shall be prepared and executed incorporating the revised surveys, Unit boundaries, and the Unit identification scheme. The amendment must be approved by the Board and be executed by the Owner of the Unit to be divided or subdivided, an officer of the Association, and the holders of all mortgages encumbering the Unit to be divided or subdivided. No other Unit Owners are required to execute or approve the amendment. 6. CONDOMINIUM PARCELS; APPURTENANCES AND USE. 6.1 Percentage Interests. Each Unit Owner's Percentage Interest shall be calculated by dividing the total number of acres (rounded to the nearest hundredth of an acre), as determined by measuring from property line to property line, contained in each Unit by the total number of acres contained in all Units in the Condominium. DECLARATION OF CONDOMINIUM Page 4 of 27 OR 5057 PG 2815 6.2 Appurtenances to Each Unit. The Owner of each Unit shall have certain rights and own a certain interest in the Condominium Property, including without limitation the following: 6.2.1 An undivided ownership share in the Common Elements and the Common Surplus, as specifically set forth in Section 6.1 above. 6.2.2 Membership and voting rights in the Association, which shall be acquired and exercised as provided in the Articles of Incorporation and Bylaws. 6.2.3 The exclusive right to use the Limited Common Elements, if any, appurtenant to the Unit, and the non-exclusive right to use the Common Elements. 6.2.4 Other appurtenances as may be provided in this Declaration, the Master Declaration and the exhibits. 6.2.5 Mem acquired and exercised as provided irr 6.3 Use a Owner's Unit (subject to the 1 Common Elements in accore permitted as long as such uses and the Master Declaration. 7. ADDITION Master Association, which shall be led vnn awu n oteXomng, PHASES' �/ ve use and possession of the n), and is entitled to use the intended. All uses shall be and use laws and regulations 7.1 Descri ti ` `U'ubse went Phases II. A i V. The Declarant reserves the right, but is not obligated, to t►nilate this Declarafidr' 6c t�der to add land and/or Units to the Condominium created hereby as Sub se ent�P as a l,� V"A" V. The land that will comprise these phases is described on Exhibit "E" hereto: '"I'lrplo mil. for the Subsequent Phases lI, III, IV and V contains a graphic depiction of the land so described, appearing as a portion of Exhibit "B" hereto. The Subsequent Phases must be added to the Condominium, if at all, within seven (7) years after the date hereof. The Declarant reserves the right to add any or all or none of Subsequent Phases II, III,1V or V to the Condominium in any random order. 7.2 Subsequent Phase II. Subsequent Phase II will consist of one Unit located as shown on Exhibit `B" in the excluded area. The Unit is approximately 0.64 acres. 7.3 Subsequent Phase III, Subsequent Phase III will consist of one Unit located as shown on Exhibit `B" in the excluded area. The Unit is approximately 0.44 acres. 7.4 Subsequent Phase IV. Subsequent Phase IV will consist of one Unit located as shown on Exhibit "B" in the excluded area. The Unit is approximately 6.58 acres. 7.5 Subsequent Phase V. Subsequent Phase V will consist of one Unit located as shown on Exhibit "B" in the excluded area. The Unit is approximately 1.98 acres. DECLARATION OF CONDOMINIUM Page 5 of 27 OR 5057 PG 2816 7.6 Declarant's Alternative Subsequent Phase VI. The Declarant has plans to convey Subsequent Phases II and/or III and/or V, or any combination thereof, to the owner of Unit 2. Subsequent Phases II and III do not contain buildable area for improvements, other than infrastructure. If the Declarant elects to not convey Subsequent Phases II and/or III and/or V to the owner of Unit 2, or some portion thereof, then in such event, the Declarant may add the land that is described as Subsequent Phases II, 11I or V, or a portion thereof, to the Condominium, as alternative Subsequent Phase VI, as additional Common Elements, or may alternatively convey it to the Association. The action to do this will be taken within the time period set forth in Section 7.1, above. 7.7 Shares of Ownership With the Addition of Subsequent Phases Ii III IV or V. If Subsequent Phases II, III, IV or V are added to the Condominium, each Owner's Percentage Interest shall be re -calculated by dividing the total number of acres (rounded to the nearest hundredth of an acre), as determined by measuring from property lien to property line, contained in the Unit by the total number of acres contained in all Units in the Condominium. 7.8 Recreational Facil'tiesucc facilities that will be added to the CoI rum withi t as indicated in Section 7.5 above, ros"g alternative 7.9 Votin / If $pubs gtWnt Ohm votes allocated to each Unit shall be a ual tot Ur Common Surplus._ 7.10 Timehirps_ tatI{ram Subsequent Phases II, III, IV, dr V,`br alternative Su 7.11 Add'* °a s. No addition ct Section 7 (Subsequent Phases II, \/ or alternate VI), and operation of Units l and 2 to to i� tlae mutual phi: improvements other than infrastructure,ha e#©n8irtW II, III or VI.�'m:w 8. COMMON ELEMENTS,• EASEMENTS. onal recreation or commonly used Phases II, Ili, IV, or V, but there is, Lase V1. IV or V,are\added to the Condominium, the ntagert iereA in the Common Elements and with respect to Units in ib�erquent Phases, as set forth in this 1,, naterially or adversely affect the use lis Condominium. In addition, no the boundaries of Subsequent Phases 8.1 Definition. The term "Common Elements" means all of the property submitted to this Declaration that is not within the Unit boundaries as set forth in Section 5.2 above. 8.2 Easements. Each of the following easements and easement rights is reserved through the Condominium Property, is a covenant running with the land, and, notwithstanding any provision herein to the contrary, may not be revoked and shall survive the exclusion of any land from the Condominium. None of these easements may be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any lien encumbering these easements shall automatically be subordinate to the rights of Owners with respect to such easements. 8.2.1 Utility and other Easements. The Association has the power, without the joinder of any Unit Owner, to grant, modify or move easements such as electric, gas, cable television, or other utility or service easements, or relocate any existing easements, in any portion of the Common Elements or Association Property, and to grant access casements or relocate any existing access easements in any portion of the Common Elements or Association Property, as the Association shall DECLARATION OF CONDOMINIUM Page 6 of 27 OR 5057 PG 2817 deem necessary or desirable for the proper operation and maintenance of the Condominium. Such easements, or the relocation of existing easements, may not prevent or unreasonably interfere with the use of the Units. The Association may also transfer title to utility -related equipment, facilities or material, and to take any other action to satisfy the requirements of any utility company or governmental agency to which any such utility related equipment, facilities or material are to be so transferred. 8.2.2 Encroachments. If any Unit encroaches upon any of the Common Elements or upon any other Unit for any reason other than the intentional act of the Owner of such Unit, or if any Common Element encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 8.2.3 Ingress and Egress. A non-exclusive easement shall exist in favor of each Owner and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through, and across sidewalks, streets, outdoor parking areas, driveways, paths, walks, and other portions of the Units as may from time to time be dgsign�atod fbr--wch purposes and uses by the Owner of such Unit, and for reasonable vehicular and pkdks >ah°'n In otl ,egress over, through, and across such outdoor portions of the Units as may f' trine to trine G ' ed for such purposes and uses b the �,� p rp Y Owner of such Unit, including with o it lrrnrtation, easements thrt' gh `" entrance ways and parking areas located from time to time on each' Unit° for acs s to other Units. \ 8.2.4 for reasonable access and ins Units (i.e. located outside of necessary to furnish utilities t( 8.2.5 contractors) shall have the right4 ei necessary or convenient for the improvements, provided such activ enjoyment by the Unit Owners of the A,"a"Op , can"t`shalI,, exist in favor of each Owner tlitesgo, log �t across such exterior portions of the (s) tcohsV&t __ witlir Uriit) ' may, ma , from time to time, be n`Na C ndertthliunr=%7- )n: Maintenancehe Ilr nt (including its designees and the Condominium" "and take any action reasonably �,,,,of completing,,-ill"e pdstruetion of Buildings and other e n ;`1 V b feasonably interfere with the use or 8.2.6 Declarant's Right to Grant Easements. The Declarant, during any period in which the Declarant has any ownership interest in the Condominium Property, shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, cable television, access, maintenance, signage or other easements, and to relocate any existing easements in any portion of the Common Elements and to grant access easements and to relocate in the existing access easements in any portion of the Common Elements as the Declarant shall deem necessary or desirable. 8.2.7 Association's Access to Units. The Association has an irrevocable access easement to each Unit, during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements or of any portion of a Unit (if any) to be maintained by the Association pursuant to the Declaration, or as necessary to prevent daanage to the Common Elements or to one or more Units. The exercise of the Association's rights of access to the Unit shall be accomplished with due respect for the rights of occupants to privacy and freedom from unreasonable annoyance, as well as with appropriate precautions to protect the personal property within the Unit. The Association may retain a key to all Buildings constructed within the Units. If a Unit Owner alters any lock, or installs a new lock, the Unit Owner shall provide the Association with a key. DECLARATION OF CONDOMINIUM Page 7 of 27 OR 5057 PG 2818 8.3 Restraint Upon Separation and Partition. The Percentage Interest appurtenant to a Unit cannot be conveyed or encumbered separately from the Unit and shall pass with the title to the Unit, whether or not separately described. As long as the Condominium exists, the Common Elements cannot be partitioned. The shares in the funds and assets of the Association cannot be assigned, pledged or transferred except as an appurtenance to the Units. 9. LIMITED COMMON ELEMENTS. Any part of the Common Elements that is connected to or exclusively serves either a single Unit (or more but less than all of the Units), and is required in Section 12 of this Declaration to be maintained, repaired or replaced by or at the expense of the Unit Owner(s), shall be deemed a Limited Common Element appurtenant to the Unit or Units. Limited Common Elements are defined in Section 4.20, above. Due to the nature of this land Condominium, the Declarant anticipates that there will be feiv, if any, Limited Common Elements. On the date of the recording of this Declaration, no Limited Common Elements exist. 10. ASSOCIATION. Condominium Association, Inc., a pursuant to the following: 10.1 Delm and maintenance of the Condc Association is responsible fort, assist the Association in cad' submission of proposals, coil Regulations and maintenance available by the Association all times the powers and duties 10.2 Membei legal title to the Units, as further The The purposes. The Ass -d in the Condomir of I be operated by Creekside East Land "oration which shall perform its function contract for the management located thereon for which the r or management company to ming such functions as the enforcement of Rules and Elements with finds made icers however, shall retain at shall be the record Owners of 10.3 Acts of the Association. Unless the approval or affirmative vote of the Unit Owners is specifically made necessary by some provision of the Condominium Act or these Condominium Documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the Owners. The officers and directors of the Association have a fiduciary relationship to the Owners. An Owner does not have the authority to act for the Association by reason of being an Owner. 10.4 Powers and Duties. The powers and duties of the Association include those set forth in the Condominium Act and the Condominium Documents. The Association may contract, sue, or be sued with respect to the exercise or non -exercise of its powers and duties. For these purposes, the powers of the Association include, but are not limited to, the maintenance, management, and operation of the Condominium Property and Association Property. The Association may impose fees for the use of Common Elements or Association Property. The Association has the power to enter into agreements to acquire leaseholds, memberships and other ownership, possessory or use interests in lands or facilities, regardless of whether the lands or facilities are contiguous to the Condominium. 10.5 Official Records. The Association shall maintain its official records as required by law. The records shall be open to inspection by tnembers or their authorized representatives at all DECLARATION OF CONDOMINIUM Page 8 of 27 OR 5057 PG 2819 reasonable times. The right to inspect the records includes a right to make or obtain photocopies at the reasonable expense of the member seeking copies. 10.6 Purchase of Units. The Association has the power to purchase one or more Units in the Condominium, and to own, lease, mortgage, or convey them, such power to be exercised by the Board of Directors. 10.7 Acquisition of Property. The Association has the power to acquire property, both real and personal. The power to acquire personal property shall be exercised by the Board of Directors. Unless otherwise specifically provided elsewhere herein, the power to acquire ownership interests in real property shall be exercised by the Board of Directors, but only after unanimous approval of the Voting Interests. Notwithstanding the foregoing and to the fiillest extent coming by law, the Declarant shall have the right to convey title to any property owned by it, or any easement or interest therein, to the Association as Association Property, and the Association shall be required to accept such conveyance. Any such conveyance shall be effective upon recor jng tkte deed or instrument of conveyance in the Public Records of Collier County, Florida:'. t 10.8 Disposition i',a'toperty. Any property personal or mixed, may be mgftgagdil�—sol&;-4eased or other affirmative vote of a majority}tof the er it Boarc ,of Mecto Owners. 10.9 Roste`. Tl ssoe ati?nlsl li rr lainta addresses of the Owners, base' ie�i m°rrr mhtrorr-'suWiil,_ by made available to any memberVi,,request.,, 10.10 Limitatioh,' '"nAjability. Notwithstan Condominium Property or Associ*tCj!,xpperty, the Ass9e ati Owners for personal injury or properfy!&intj maintained and repaired by the Association; br--cn�s"eeb3j:eu7e the Association, whether real, lbered or disposed of by the need for authorization by the roster of names and mailing A copy of the roster shall be x., r,8 duty to maintain and repair 'all not be liable to individual Unit ,nt condition of the property to be Owners or other persons. 10.1 l Member Approval of Certain 1,itigation. Notwithstanding any other provision of the Condominium Documents, the Board of Directors shall be required to obtain the prior approval of one hundred percent (100%) of the Voting Interests prior to the payment of, or contracting for the payment of, legal fees to any person engaged by the Association for the purpose of commencing any lawsuit, other than for the following purposes: 10.11.1 the collection of Assessments; 10.11.2 the collection of other charges which Owners are obligated to pay; 10.11.3 in an emergency, when waiting to obtain the approval of the members creates a substantial risk of irreparable injury to the Association or its members; or 10.11.4 Fling a compulsory counterclaim. 11. ASSESSMENTS AND LIENS. The Association has the power to levy and collect Assessments against each Unit and Unit Owner in order to provide the necessary fiords for proper DECLARATION OF CONDOMINIUM Page 9 of 27 OR 5057 PG 2820 operation and management of the Condominium, the Condominium Property, for the operation of the Association, and the expenses of the Association for the maintenance of certain outdoor portions of the Units in the Condominium, described in Section 12.1 below. This power includes both `regular" Assessments for each Unit's share of the Common Expenses as set forth in the annual budget, and "special" Assessments for unusual, nonrecurring or unbudgeted Common Expenses. The Association may also levy special charges against any individual Unit, for any amounts, other than for Common Expenses, which are properly chargeable against such Unit(s). Assessments shall be levied and payment enforced as provided in the Bylaws, and as follows: 11.1 Common Expenses. Common Expenses include the expenses of management, operation, maintenance, repair, replacement or insurance of the Common Elements and the Association Property, the expenses of operating the Association, the expenses of the Association for the maintenance of certain outdoor portions of the Units in the Condominium, described in Section 12.1 below, and any other expenses properly incurred by the Association for the Condominium, including amounts budgeted for the purpose of funding reserve accounts (if anY)__..Common Expenses shall include the Unit Owners' share of assessments or charges due fi om thee" nrriinii ^udder the Master Declaration. 11.2 Share of ((ntrori Fxpenses The Ownesfe ch Unit shall be liable for a share of the Common Expenses equal,40 ti`Qvuer Percentage Intert, as set forth in Section 6.1, above. Any Common Expenses or port on llieru �enef ffif fist r ban all f the Units may be assessed, in the Board's reasonable discretion, �xcl�siyelyagai stthe , it Uplk( I addition, the Board shall have the right, in its reasonable disdreho t6 detonut tide` ' i t o tr e°fhat thq Owner of a vacant Unit shall become liable for such Ownerr s sh e f all{ C mr oci ettses�even i Co tier County has not yet issued a Certificate of Occupancy f64 a j� I s -oon th loiel,ap4=etypes of maintenance services that the Association has determh164 are required for such4 vacant U if "`�br example, if landscaping has been planted on a Unit that ' improved with ver4 fripfovorhents, and the Association has assumed responsibility for maint '10ft such landscaping, lhenith' ' s ociation shall have the right to declare that the Ownof such Unites ,q for Common Expe %torivithstanding the foregoing, with er respect to that portion of the Comm fig` ses aStt lzutatsla o�aS essments or other charges due to the Master Association, if a Unit has not been,4 c ve (as i de"ced by a Certificate of Occupancy for a Building shell), then the Owner of such Unit shall eve i i less be liable for the assessments levied by the Master Association and attributable to such Unit, based upon the total land area of such Unit. 11.3 Ownership. Assessments and other finds collected by or on behalf of the Association become the property of the Association; no Owner has the right to claim, assign or transfer any interest therein except as an appurtenance to the Owner's Unit. An Owner shall not be entitled to withdraw or receive distribution of the Owner's share of the Common Surplus, except as otherwise provided herein or by law. 11.4 Who is Liable for Assessments. The Owner of each Unit, regardless of how title was acquired, is liable for all Assessments or installments thereon coming due prior to or while he or she is the Owner. Multiple Owners are jointly and severally liable. Except as provided in Section 20.3 (as to certain first mortgagees), below, whenever title to a Condominium Parcel is transferred for any reason, the new Owner is jointly and severally liable with the previous Owner for all Assessments which came due prior to the transfer and remain unpaid as of the date of the transfer, without prejudice to any right the new Owner may have to recover from the previous Owner any past -due amounts paid by the new Owner. 11.5 Date of Commencement of Assessments. The obligation to pay Assessments provided for herein shall commence as to all Units, except as otherwise provided for in Section 20.3 (as to DECLARATION OF CONDOMINIUM Page 10 of 27 OR 5057 PG 2821 certain first mortgagees) and Section 11.2 above (as to Master Association assessments), on the date that the Unit receives a certificate of occupancy for a Building shell or other vertical improvement constructed within the boundaries of Unit. 11.6 No Waiver or Excuse from Payment. The liability for Assessments may not be avoided or abated by waiver of the use or enjoyment of any Common Elements, by abandonment of the Unit on which the Assessments are made, or by interruption in the availability of the Unit or the Common Elements for any reason whatsoever. No Unit Owner may be excused from payment of the Owner's share of the Common Expenses unless all Unit Owners are likewise proportionately excused from payment, except as otherwise provided in Section 20.3 (as to certain first mortgagees), below. 11.7 Application of Payments; Failure to Pay; Interest. Assessments and installments thereon paid on or before ten (10) days after the date due shall not bear interest, but all sums not so paid shall thereafter bear interest at the highest rate allowed by law, calculated from the date due until paid. The Association may also impose a late paymen 1ee (ttrnaddition to interest) to the extent permitted by law. Assessments and installments thereon hlo ie,rsd the Unit Owner shall become liable for said Assessments or installments, oa, lih Ate established lit tit6` By ws or otherwise set by the Board of Directors for payment. All paymctlto�rr account shall be app diirsto interest, then to late payment fees, court costs and attorneys'?'fees,,"end,- i l4y to delinquent A sess ents. No payment by check is deemed received until the checlI has,,�lea*d,-,.�� ,,_ t 11 11.8 Acce ratrn.f assesertlor; e4, assessment as to a Unit is unpaid thirty (30) days after the due 091F he Association ks�h 11 aye a igh1 to �ecord a Claim of Lien for the unpaid amount due. Upon the �ec�i a4► rfof'C 'rrrl`'or-L*n, tho s bcr oo shall thereafter have the right to accelerate the due date of tlil re unpaid balance of illp Unii's Assessments for that fiscal year. The due date for all accelerated amdal is, shall be the date t1`C,- Ia4 ' ren was recorded in the public records. The Association's Claifi f Lien shall secure payiin�nt of" -,the entire accelerated obligation, together with interest on the entire bla rkttorneys' fees and is«as provided by law; and said Claim of Lien shall not be satisfied or rclleaed t all su�secci+ram by it have been paid. The right to accelerate shall be exercised by sending io °t� cdlitqum �tvner a notice of the exercise, which notice shall be sent by certified or registered mail to the Owner's last known address, and shall be deemed given upon mailing of the notice, postpaid. Tire notice may be given as part of the notice of intent to foreclose, as required by Section 718.116 of the Condominium Act, or may be sent separately. 11.9 Liens. The Association has a lien on each Condominium Parcel securing payment of past due Assessments, including interest and attorneys' fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien, whether before, during or after a lien foreclosure suit. Tile lien is perfected upon recording a Claim of Lien in the Public Records of Collier County, Florida, stating the description of the Condominium Parcel, the name and address of the Association, the name of the record Owner, the Assessments past due and the due dates. Tile lien shall be executed and acknowledged by an officer or authorized agent of the Association and shall remain in effect until barred by law. The Claim of Lien secures all unpaid Assessments and special charges coming due prior to a final judgment of foreclosure. Upon frill payment, the person making the payment is entitled to a satisfaction of the lien. The Association's lien for unpaid Assessments shall also be subordinate and inferior to any liens against the Condominium Parcel for Assessments and charges levied under the Master Declaration. 11.10 Priority of Lien. The Association's lien for unpaid Assessments shall be subordinate and inferior to the lien of a recorded first mortgage, but only to the extent required by the DECLARATION OF CONDOMINIUM Page 11 of 27 OR 5057 PG 2822 Condominium Act, as amended from time to time. The Association's lien shall be superior to, and take priority over, any other mortgage or lien regardless of when the mortgage or lien was recorded, except as otherwise expressly provided by the Condominium Act, as amended from time to time. Any lease of a Unit shall be subordinate and inferior to the Association's lien regardless of when the lease was executed. 11.11 Foreclosure of Lien. The Association may bring an action in its name to foreclose its lien for unpaid Assessments in the manner provided in the Condominium Act, and may also bring an action to recover a money judgment for the unpaid Assessments without waiving any lien rights. 11.12 Certificate As To Assessments. Within fifteen (15) days after request by a Unit Owner or mortgagee, the Association shall provide a certificate (sometimes referred to as an "estoppel letter") stating whether all Assessments and other monies owed to the Association by the Unit Owner with respect to the Condominium Parcel have been paid. Any person other than the Owner who relies upon such certificate shall be protected thereby. 11.13 Creekside Co rri ca a& Vaft,#Irdbieft Owners Association Inc. All of the property that may be included in tl Cpzt4ciiriinium is -subilec,to$rtain restrictions and regulations as provided for in the Master Declaration,' The Master Declaration°y ov'rd�es that the owner(s) of each lot in the Creekside Commerce Part. )cast sha*�-pay-assessments,establis�ed by the Master Association, which was formed for the purpose of eruf`orc1hge pr6yisrons' of the ster\ Declaration. The assessments established by the Master Asocit�tan<are used ;for =e7c trot, Maintenance, enhancement and ar operation of the Master Asso�cratign pro andopt y e$ which the Master Association is authorized or required to proide,:+iinud ut nit€heed t teamnt of taxes and insurance on je Master Association property, iteai%�nten� reptetedol' Master Association property, and for such other purposes a . ably related to the knym"i out pP the authorized functions and purposes of the Master Associae amount of the as nant "t wf by the board of directors of the Master Association and the ass i sts are allocated amont '6 ,dwners of lots within Creekside Commerce Park East. For the j it il*,,of collecting and I ip� any assessments due to Master Association, the Association shall be c re-,ovn K pf'AJip i'Anderlying lands included within this Condominium. All assessments dtle the M a erAsoc -And attributable to the lands included with this Condominium shall be included within the Common Expenses of the Association and shall likewise be collected from the Unit Owners as a part of the Association's regular Assessments. If the Association is unable to pay the Master Association all amounts due to Master Association, then the Master Association shall, in accordance with the terms of the Master Declaration, have the right to record a lien against the Condominium Property to secure payments of such assessments. The Association may (but shall not be required) advance funds, on behalf of a delinquent Unit Owner, for the purpose of ensuring that all assessments due the Master Association are timely paid. If the Association elects to advance finds on behalf of a particular Unit Owner or Unit Owner's, then the Association shall have the right to record a lien against the applicable Unit(s) (and may foreclose such lien) for purpose of securing reimbursement to the Association for monies advanced by the Association on behalf of such Owner(s) pursuant to this Section 11.13. 12. MAINTENANCE: LIMITATIONS UPON ALTERATIONS AND IMPROVEMENTS. Responsibility for the protection, maintenance, repair and replacement of the Condominium Property, and restrictions on its alteration and improvement shall be as follows: 12.1 Association Maintenance. The Association is responsible for the protection, maintenance, repair and replacement of all Common Elements, Association Property, as well as certain outdoor portions of Units (i.e. the pavement, parking lot lighting and landscaping located upon a Unit and DECLARATION OF CONDOMINIUM Page 12 of 27 OR 5057 PG 2823 located outside of and not affixed to the Building(s) constructed within the Unit), the cost of the foregoing shall be a Common Expense. The Association's responsibilities shall be performed in accordance with the highest standards for a first class commercial condominium located in Naples, Collier County, Florida and include, without limitation: 12.1.1 Maintenance and repair of outdoor walkways, driveways, sidewalks, parking lot lighting and parking lots (including resurfacing and re -striping) (specifically excluding any parking lot lighting located in any parking garage constructed within a Unit or affixed to any Building constructed within a Unit, which is the Unit Owner's responsibility); 12.1.2 Maintenance and replacement of all outside landscaping and irrigation within the Condominium Property; 12.1.3 Utility infrastructure not dedicated to Collier County and serving all Units; -- 12.1.4 The lighting fixtures located within a paO constructed within the boundaries of 12. LS` 7 Condominium Property, and Ithe irrigation system that serves tbe_o F(._( 9 'r `-Parking lot light garage or affixed to y, but excluding the cost of any of a Building or parking garage the landscaped portions of the placing the common outdoor inium Property. 43`- All incidental damage caused t�`A . pit by work performed r ordered � �,d t„��lre performed by the Association shall be promptly repaired by the expense of the ssoeiat;v►th the cost to be a Common Expense. The Association shall *� Io? the property as ne�y� s radical to its condition before the damage. For purposes of this DecIk4 tb,n,'reference -herdirijb,parking lot shall specifically exclude all driveways and parking spaces local wi t�P`!� ct pbrrnieter boundaries of any parking garage. The Association shall not be required to marntar _A, i ays, parking spaces or other outdoor areas located within the vertical perimeter boundaries of any parking garage. 12.2 Unit Owner Maintenance. Unless specifically assigned to the Association in Section 12.1, above, each Unit Owner is responsible, at the Owner's own expense, for all maintenance, repairs, and replacements of the Owner's Unit, together with all additions or improvements added thereto. The Owner's responsibilities include, without limitation: 12.2.1 Day to day and extraordinary maintenance, repair and/or replacement of any Building(s) or other improvements (including, without limitation, signs and walls) that may be constructed from time to time within the boundaries of a Unit; 12.2.2 The electrical, mechanical and plumbing fixtures and outlets serving only such Unit (including connections) (specifically excluding those areas specified in Section 12.1 above, which the Association has the responsibility to maintain); 12.2.3 Other facilities or fixtures which serve only the Unit; DECLARATION OF CONDOMINIUM Page 13 of 27 OR 5057 PG 2824 12.2.4 Periodical repainting of the Buildings and other improvements located within the boundaries of an Owner's Unit; 12.2.5 Periodic pressure cleaning of the Buildings and other improvements located within the boundaries of an Owner's Unit; and 12.2.6 The cost of trash service and the repair and maintenance of the dumpster area enclosure serving the Unit. However, any insurance proceeds paid to the Association with respect to any loss or damage within the Unit which is covered by the Association's casualty insurance policy, and which loss would otherwise be borne by the Unit Owner, shall be paid to the Unit Owner. 12.3 Unit Owner Maintenance Expense Allocations. If a Limited Common Element is an appurtenance to more than one Unit, ftherr �t°to maintain, repair and replace such Limited Common Element shall be ratabl shared i[tOv y rs o which such Limited Common Element is appurtenant. Each Unit Owner shall°' hI►r }sr'o rata ua the eo�t used upon a formula determined as a fraction, the numerator of which is' e number of acreage (rouid id the nearest hundredth of an acre), as determined by measuring from roert Ifino toroprty line; contained in a Unit (as set forth in Exhibit "B", attached hereto) and the de' ato,r of which is the t tal number of acres contained in all Units to which the Limited Corm' otr Eiertae� t ► a(also as set forth in Exhibit "B", attached hereto). As provided ifor r SOctio' °4 01abo�e,?�e 1 �itntidipates that there will be few, if any, Limited Common Elements, iqi this C ud m1ni6ri►. 12.4 a following responsibilities: 12.4.1 Mo`difi ' bras and Alteral installations or additions to the Ownbr s Vi 4 #- �, Owner's successors in title shall be fmancially- s �h replacement of the modifications, installations or additions. Owner shall also have the fah Owner makes any modifications, i Elements, then such Owner and the the insurance, maintenance, repair and 12.4.2 Use of Licensed and Insured Contractors. If an Owner contracts for or otherwise causes the maintenance, repair, replacement, alteration, addition or improvement of any portion of Unit or Common Elements, whether with or without Association approval, then such Owner shall be deemed to have warranted to the Declarant, the Association and its members that the Owner's contractor(s) are properly licensed and fully insured. In addition, such Owner ("Indemnitor") shall indemnify and hold harmless the Declarant, the Association, and all other Unit Owners (collectively the "Indernnitee") from and against any loss, costs, expense or other liability incurred by the Indemnitee caused (in whole or in party) by an intentional or negligent act or omission of the Owner or any other person and related to the performance of any repairs, maintenance, alterations and/or additions in the Indemnitor's Unit. 12.5 Alteration of Units or Common Elements by Unit Owners. Except as provided in this Section 12.5, an Owner shall not make any alterations or additions to the Owner's Unit which would add to or remove any portion of the Common Elements, nor do anything which would adversely affect the safety or soundness of any portion of the Condominium Property. Subject to the foregoing, a Unit Owner shall have the right to make alterations within a Unit without the prior approval of the Board so long as DECLARATION OF CONDOMINIUM Page 14 of 27 OR 5057 PG 2825 the changes are in compliance with all applicable building codes and also subject to such Owners indemnity obligations set forth in Section 12.4.2, above. In creating this Land Condominium, the Declarant specifically intends to provide the Owner of each Unit with maximum flexibility with respect to any future improvements or redevelopment that may occur from time to time on such Unit subject to the terms of this Declaration, the Master Declaration (including, without limitation, the architectural guidelines established by the Master Association) and applicable zoning and building codes and regulations. 12.6 Alterations and Additions to Common Elements and Association Property. The protection, maintenance, repair, insurance and replacement of the Common Elements and Association Property are the responsibility of the Association and the cost shall be a Common Expense. Beyond this function, the Association shall not, without the unanimous prior approval of the Voting Interests, make any material alteration of, or substantial additions -to the-,Qpmmon Elements or the real property owned by the Association if, for any calendar ye r, t cg1re; c" f such alterations and/or additions will exceed $10,000.00. Alterations or a d o s costing lessXtlia Rl is, amount may be made with Board approval. However, if work is rp'sopably necessary to protect .m�aItain, repair, replace or insure the Common Elements or Association Pro" -also constitutes a material a` oration or substantial addition to the Common Elements, no prior Una# Outer prov_al is f6tluired. 12.7 Enfo cembsiit of Win(enince i if gft�r e*anable written notice an Owner fails to maintain the Owner's Unit, o thel n} rov ie is o slru ied tIfOre n orJtsJappurtenant Limited Common Elements, if any, as required l I may-��titt( legal proceedings to enforce compliance, or may take any a*Wl other lawful actions ;remedy such Violation. The Association shall have the irrevocable right of a"','"' 'to each Unit and the-1�dtngg',c��tructed within each Unit during reasonable hours, with or withou tee to or consent of the' One or tenant, when necessary for the maintenance, repair, or replaceme t nX Common Elernei�,Kor`�of any portion of any Unit to be maintained by the Association pursu # to-A�6� ➢e Common Elements or to a Unit or Units: Ay'cx Section 12.7 shall be charged to the Unit Owner, expenses of collection, if any. �art'o`rsas necessary to prevent damage to the criT ir►6urred by the Association pursuant to this together with reasonable attorney's fees and other 12.8 Negligence; Damage Caused by Condition of Unit. The Owner of each Unit shall be liable for the expenses of any maintenance, repair or replacement of Common Elements, other Units, or personal property made necessary by the Owner's act or negligence, or by that of any member of the Owner's guests, employees, agents, or tenants. Each Unit Owner has a duty to maintain the Owner's Unit, any Limited Common Element appurtenant to the Unit (except those Limited Common Elements required to be maintained by the Association), and improvements, fixtures, and personal property therein, in such a manner as to prevent foreseeable and reasonably preventable damage to other Units, the Common Elements or the property of other Owners and/or occupants. If any condition, defect or malfunction resulting from the Owner's failure to perform this duty causes damage to other Units, the Common Elements, Association Property or property within other Units, Buildings, the Owner of the offending Unit shall be liable to the person or entity responsible for repairing the damaged property for all costs of repair or replacement not covered by insurance. If one or more of the Units involved is not occupied at the time the damage is discovered, the Association may enter the Unit without prior notice to the Owner and take reasonable action to mitigate damage or prevent its spread. The Association may, but is not obligated to, repair the damage without the prior consent of the Owner. DECLARATION OF CONDOMINIUM Page 15 of 27 OR 5057 PG 2826 12.9 Conformity with Master Declaration. Notwithstanding anything in this Section 12 to the contrary, alterations, improvements, repairs and maintenance of the Condominium Property shall conform to the provisions of the Master Declaration, except where the provisions herein are more restrictive, in which case the more restrictive provisions will apply. 13. USE RESTRICTIONS. The use of the Condominium Property shall be in accordance with the following provisions: 13.1 Units. Each Unit shall be used and occupied as permitted by the applicable zoning laws and regulations, the Master Declaration and any other private restrictive covenants. 13.2 Common Elements. The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the Units. 13.3 Signs, applicable county laws and regu 13.4 Lawful part of it; and all valid law governmental bodies having' j requirements of governmental 1 Property shall be the same as the of all signage shall be subject to unlawful use shall be in "' e o he Condominium Property or any its aridre tritio zoni oiinances and regulations of all on�all�e olisrved. he 'kesponsibility of meeting the r aft dfic*Tl)n of repair of the Condominium lit fcr ti rrltn� nland repair of the property concerned. 13.5 Nuisacss�wnerfiall use' e O v%c s or permit it to be used, in any manner which constitutes or c t' 1,an unreasonable amodo ,of 4nno a or nuisance to the occupant of another Unit, or which would c bpnsistent with the rriitepan the highest standards for a first class commercial condominium Itec Naples, Collier Courtty_lorida. 13.6 Parkine. All 'parking,a spaces 'Ac'l drfig handicapped parking) required by applicable municipal and county regulations`ry n pertainrrrg to the use or uses of a Unit shall be located entirely within such Unit, unless the Owner thereof is able to obtain an off -site parking lease or easement. 13.7 Outside Areas. All outside areas, including parking areas and the Common Elements (if any) shall be kept clean and free from dirt, cigarette butts and rubbish, and no Unit Owner or other occupant shall permit any obstruction or the storage of any merchandise, packing containers, pallets, vehicles or other materials to be placed or kept in such areas. Such items shall be taken directly to a public dumping facility for disposal or shall be promptly towed to a storage lot at the vehicle owner's expense. 13.8 Prohibition of Antennas or other Fixtures. Notwithstanding any provision herein to the contrary, and in addition to the general restrictions governing improvements of Units and/or Common Elements set forth elsewhere in the Declaration, no Owner shall install or cause to be installed an antenna or any other fixture on the roof of the Building or external wall of any Unit, without first obtaining written approval of the Board of Directors and the approval required by the terms of the Master Declaration. The purpose and intent of this Section 13.8 is to provide for a uniform and esthetic control of the external appearance of the Buildings and to also prevent the intentional puncturing of any portion of any roof or external wall of a Building without the consent of the Association and/or the consent required by the terms of the Master Declaration. DECLARATION OF CONDOMINIUM Page 16 of 27 OR 5057 PG 2827 14. SALE. LEASE OR SUBLEASE OF UNITS. There shall be no restrictions on the sale, lease or transfer of a Unit. 15. INSURANCE. Insurance shall be carried and kept in force at all times in accordance with the following provisions: 15.1 Unit Owner. Each Unit Owner is responsible for insuring the Owner's Unit, and the Building(s), fixtures and personal property located therein. 15.2 Required Unit Owner Coverage. Each Unit Owner shall establish and maintain the following insurance coverages and shall have the Association named as an additional insured under each policy: 15.2.1 Property. Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious misch— , o rds covered by what is commonly known as an "All Risk" property contract, in nt)eiys�binrounts. 15.2.2 Lifabill General premises and I'abil for bodily injury and property damage, with coverage of at lust $2;OE(�:Urmace nee. e�ssociation shall be named as an additional insured on such policy.' a Notwithstanding any provisioin heitl to tie ]cortr s�c[tro shall not have any obligation to monitor or otherwise verify ,�� pip ud an; Is °ri taining the insurance policies required by this Section 15.2. I i surance policies purchased by thel"6ciation or the Unit Owners, as the case may be, shall be pure, id an agent hay ' a 'lacliusiness in Florida and shall be issued by an insurance compan} rized to do business tr F orld y1 aving an "A" or better rating by A.M. Best, provided, however, (a t ., ke extent not otherwiserb} ibited by the Condominium Act) a Unit Owner may effect aself-insur r poli y for its ob11}ig� 0 s d ntained herein, provided such Unit Owner continuously meets a Mini mumL-'i ci a o o(22-5 ehlculated as follows: Liquidity --------------- = 1.25 (Minimum Liquidity Ratio) Self -Insured Amount Any Unit Owner electing to self -insure pursuant hereto shall, at the Association's (or other Unit Owners) request, famish adequate evidence to the Association (or such other Unit Owner) for the purpose of verifying that such Unit Owner is in compliance with the Minimum Liquidity Ratio requirement set forth above. However, a Unit Owner shall not be required to furnish the Association (or any other Owner) with such evidence more frequently than once (1) per calendar year. 15.3 Association Insurance: Duty and Authority to Obtain. The Association is responsible for insuring the Common Elements. The Board of Directors shall obtain and keep in force the insurance coverage which it is required to carry by law and under the Condominium Documents, and may obtain and keep in force any or all additional insurance coverage as it deems necessary. The named insured shall be the Association. To the extent permitted by law, the Association may self insure. 15.4 Required Association Coverage. The Association shall maintain adequate insurance covering the Common Elements as well as all Association Property, in amounts determined annually by the Board of Directors, such insurance to afford the following protection: DECLARATION OF CONDOMINIUM Page 17 of 27 OR 5057 PG 2828 15.4.1 Pro e . Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by what is commonly known as an "All Risk" property contract. 15.4.2 Liability. Premises and operations liability for bodily injury and property damage in such limits of protection and with such coverage as are determined by the Board of Directors. 15.4.3 Worker's Compensation. The Association shall carry Worker's Compensation insurance if applicable and required by law. In addition, the Association shall verify that all contracts entered into by the Association with a third party require such third party to furnish evidence of workers compensation coverage, if applicable. 15.5 Optional Association Coverage. The Association may purchase and carry other such insurance coverage as the Board of Directors may determine from time to time to be in the best interest of the Association and Owners Directvf' it lZil amsurance may be obtained as an Association expense. ._`,. 15.6 Descriptti in (d--Coverage. A summary ' th coverage included in the master policies, and copies of a master policies--shaltwbe available for insp'eetion by Unit Owners or their authorized representatives upon request.; 15.7 Premiums i Piretri34'm f'or�, tall'€ $instil n't c' bta" d and purchased by the Association shall be paid by the, is ocji tiiok. Th 6# of ii su an=Tremiums, and other incidental expenses incurred by the Ass a fort r1i ad rr cnf tering"' d cAf'rfng, t the provisions of this section, lk shall be assessed against and cdf2td from the Unit Ownql as a!Coti Expense. 15.8 Insurance &6cds. All insurance polies patf hased by the Association shall be for the benefit of the Association, thI?w ers and theiyog es as their interests may appear, and all proceeds shall be payable to the A CiWm,T c et t 01" Association shall be to receive such proceeds as are paid, and to hold the same err trust,..rsliurse them for the purposes stated herein and for the benefit of the Owners and their respective mortgagees in the following shares: 15.8.1 Common Elements. Proceeds on account of damage to Common Elements shall be held in as many undivided shares as there are Units, the shares of each Owner being the same as the Owner's share in the Common Elements. 15.8.2 Units. Proceeds on account of damage to one or more Units shall be held in undivided shares based on the prorated amount of damage within each damaged Unit as a percentage of the total damage within all Units. 15.8.3 Mortgagee. If a mortgagee endorsement has been issued as to a Unit, the shares of the mortgagee and the Unit Owner shall be as their interests appear. Li no event shall any mortgagee have the right to demand application of insurance proceeds to any mortgage or mortgages which it may hold against Unit or Units, except to the extent that insurance proceeds exceed the actual cost of repair or restoration of the damaged Building(s). Except as otherwise expressly provided for herein, no mortgagee shall have any right to participate in determining whether improvements will be restored after casualty. DECLARATION OF CONDOMINIUM Page 18 of 27 OR 5057 PG 2829 15.9 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed to or for the benefit of the Owners in the following manner: 15.9.1 Cost of Reconstruction or Repair. If the damage for which the proceeds are paid is to be reconstructed or repaired by the Association, the remaining proceeds shall be paid to defray the costs thereof. Any proceeds remaining after defraying costs shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being paid jointly to them. 15.9.2 Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided herein that the damages for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being payable jointly to them. 15.10 Association as Agent. The Association is hereby irrevocably appointed as agent for each Owner to adjust all claims arising t n r'ittsurange policies purchased by the Association for damage or loss to the Condominium Pro 0a A 16. RECONSTRUCI`1( l "OR REPAIR AFTEI 'ZAISUALTY. If any part of the Condominium Property is damagedp,ty, casu lty, whether, and lio it shall be reconstructed or repaired shall be determined as followsr' t t 16.1 Dam ge W Units.'., Vfiene loss t Association insurance proceeds '�a4ou of - the l s, 4 to the Ownerthe s) of damagecryn►in sltniees as pry; damaged Unit(s) shall be respbible for reconstruction refi►sal of the Owner(s) to turii 4fect the repairs or complete the same as provided II 'stir" 16.2 Damage to the 6o nfieme l Elements, the Association shall be obl►gated to pa_l and the following procedures shall apply: vs curs within one or more Units, any Jeso t deductible, shall be distributed c#►� Fl5 above. The Owner(s) of the repairs, .except that upon the failure or iyto`the Association may thereafter here loss or damage occurs to the Common and rebuild the damage caused by the loss, 16.2.1 The Board of Directors shall promptly obtain reliable and detailed estimates of the cost of repair and restoration, and shall negotiate and contract for repair and reconstruction. 16.2.2 If the proceeds of insurance and available reserves are insufficient to pay for the cost of repair and reconstruction of the Common Elements, the Association shall promptly, upon determination of the deficiency, levy a special Assessment against all Owners in proportion to their shares in the Common Elements for the deficiency. Such special Assessments need not be approved by the Owners. The special Assessments shall be added to the finds available for repair and restoration of the Condominium Property. 16.3 Application of Insurance Proceeds. It shall be presumed that the first monies disbursed for repair and restoration are from the insurance proceeds. If there is a balance in the funds held by the Association after the payment of all costs of repair and restoration, such balance shall be distributed to the Unit Owners, except as otherwise provided in Section 15 above. DECLARATION OF CONDOMINIUM Page 19 of 27 OR 5057 PG 2830 16.4 Equitable Relief. In the event of damage to the Common Elements which render any Unit uninhabitable, and the damage is not repaired, reconstructed, or rebuilt within a reasonable period of time, the Owner of the uninhabitable Unit may petition a court or equitable relief, which may include a termination of the Condominium and a partition sale. For the purposes of this provision, it shall be presumed that repair, reconstruction or rebuilding has occurred within a reasonable period of time if work is commenced within six (6) months following the damage or destruction and is completed within twelve (12) months thereafter. 17. CONDEMNATION. 17.1 Deposit of Awards with Association. The taking of all or any part of the Condominium Property by condemnation or eminent domain shall be deemed to be a casualty to the portion taken and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty. 17.2 Detcrminati Condominium Property is taken by entity in lieu of condemnation, ttr terminate the Condominium. 17.3 Disbu'se the proceeds of all awards and shall be owned and distributed in terminated after a casualty. Ifithc Condominium will be reducedlf awards and special Assessment provided for disbursements of fuh ,tt�uO~,.Condominium. If any portion of the r, 1111 en 'idd j or is conveyed to the governmental ium will c' n(ihugd unless all Unit Owners vote to CLVJuft-Tf4,e Cot�c,omiji► �r is Ierminated after condemnation, l Assess ents� 1 beetd to tie Condominium Property and pan per rdvi¢ell�}' insioprite grocebds when the Condominium is midilhl6e i t, t4rmin d- ftdr!po idcmnation, but the size of the ners of condemne&Units,�if an will be made whole. Proceeds of be used for these p osies ate shall be disbursed in the manner �r a casualty. ' 17.4 Association asAtiirrevocably appointed as each Owner's attorney -in -fact for purposes othi' t at n o t atmg with the condemning authority for the purpose of realizing just compensation. 17.5 Adjustment of Shares in Common Elements. The shares in the Common Elements shall be adjusted to reflect the change in the total square footage of all Units in the condominium. 17.6 Taking of Common Elements. Awards for the taking of Common Elements shall be used to make the remaining portion of the Common Elements usable in a manner approved by the Board of Directors. The balance of such awards, if any, shall be distributed to the Unit Owners in the shares in which they own the Common Elements. If a Unit is mortgaged, the remittance shall be paid jointly to the Owner and mortgagee(s) of the Unit. 17.7 Amendment of Declaration. Any amendments to this Declaration necessitated by condemnation need be approved only by the Owners of a majority of the Units. The consent of lien holders is not required for any such amendment. 18. TERMINATION. The Condominium may be terminated in the following manner ill addition to the manner provided by the Condominium Act: DECLARATION OF CONDOMINIUM Page 20 of 27 OR 5057 PG 2831 18.1 Agreement. The Condominium may be terminated at any time by the vote of all Unit Owners, and by all mortgagees who have recorded their mortgages. 18.2 General Provisions. Upon termination, the former Owners shall become the owners, as tenants in common, of all Condominium Property and Association Property and the assets of the Association. The shares of such tenants in common shall be the same as were their shares of the Common Elements immediately prior to such termination. The mortgagee or lienor of a Unit Owner shall have a mortgage or lien solely and exclusively upon the undivided share of such tenant -in —common's interest in and to the lands and other assets of the Association which it may become entitled to receive by reason of such termination. Tile termination of the Condominium shall be evidenced by a certificate of the Association, executed with the formalities of a deed, and certifying as to the facts effecting the termination. Termination shall become effective when that certificate is recorded in the Public Records of Collier County, Florida. 18.3 New Condominium. The.. termination of the Condominium does not bar creation of another Condominium affecting all or any rt4n fs"'\property. 18.4 Partition: al flowing termination, 4e,' rmer Condominium Property and Association Property may be partition 'd and sold upon the applic tion f any Unit Owner. If following a termination, one Unit Owner agree a to c_t am�sffer the sale of the property, all Owners shall be bound to execute deeds and gther documents r sorlably ruired tb effect the sale. In that event, any action for partition of the Lang an0' ii S-6"` ' '7` the s%�' I l �lli m hbeyance pending the sale, and upon the consummation of thii saW shill b ditco ti9+414 all zu" s I'hereto. 18.5 Last r.. The termination of the Association. The members`;" ('lie last Board of Dii continue to have the powers gra'.! � #;W, this Declaration Association. 18.6 Provisions Survive: nt i running with the land, and shall survive the tentiinati`'�nR those provisions have been completed. 19. ENFORCEMENT. m does not, by itself, terminate �fflcers of the Association shall of winding up the affairs of the h�o-provisions of this Section 18 are covenants the Condominium until all matters covered by 19.1 Duty to Comply; Right to Sue. Each Owner, the Owner's tenants, and the Association shall be governed by and shall comply with the provisions of the Condominium Act, the Condominium Documents and the Rules and Regulations of the Association. Actions for damages or for injunctive relief, or both, for failure to comply may be brought by the Association or by a Unit Owner against: 19.1.1 the Association; 19.1.2 an Owner; 19.1.3 Anyone who occupies or is a tenant of a Unit; or DECLARATION OF CONDOMINIUM Page 21 of 27 OR 5057 PG 2832 19.1.4 Any member of the Board of Directors who willfully and knowingly fails to comply with these provisions. 19.2 Waiver of Richts. The failure of the Association or any member to enforce a right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or member to enforce such right, provision, covenant or condition in the future. A provision of the Condominium Act may not be waived by a Unit Owner if the waiver would adversely affect the rights of the Owner or defeat the purpose of the provision, except that Unit Owners or Directors may waive notice of specific meetings as provided in the Bylaws. Any written instrument or instruction given by a purchaser or Unit Owner to an escrow agent may be relied upon by the escrow agent, whether or not such instruction and the payment of funds thereunder might otherwise constitute a waiver of any provision of the Condominium Act or the Condominium Documents. 19.3 Attorneys' Fees. In any legal proceeding arising out of an alleged failure of a Unit Owner, tenant, guest or the Association to comply with the requirements of the Condominium Act, the Condominium Documents, or the AssQei # d Regulations, as they may be amended from time to time, the prevailing party sj�a11�itied toceAlhe costs of the proceeding and such attorneys fees as may be awarded by':tl quit. - 19.4 Fines ,The,A oc►at►on, throughts Boa ofirectors, may levy reasonable fines against a Unit for the fa►lure of the O�Vner trr its occuant, lie znseea or invitee to comply with any provision of the Declaration the A it Rpd Regulations of the Association. No fine will become a lien agmsla nit.Tinos 5ha)1benm nt;deetted necessary by the Board to deter future violations, but in"jnaeve4s4al aq fi eye geed the maxi►wu i5 amounts allowed by law. A fine maybe levied on the basilfacTi'ilay o a contmui v►o�aioi, single notice and opportunity for hearing, provided that no kiell,`fine shall in the aggrelto exceed -the maximum amount allowed by law. The procedure for imposing�;i��shall be as follows. 19.4.1 No ' he arty agamst,whQi i theine is sought to be levied shall be afforded an opportunity for hearing ar3%r res��e no,bt less than fourteen (14) days, and the notice shall include: 19.4.1.1 a statement of the date, time and place of the hearing: 19.4.1.2 a specification of which provisions of the Declaration, the Articles, the Bylaws or the Rules and Regulations which have allegedly been violated; 19.4.1.3 a short and plain statement of the facts alleged by the Association giving rise to such violations; and 19.4.1.4 the possible amounts of any proposed fine. 19.4.2 Hearine. At the hearing the party against whom the fine may be levied shall have a reasonable opportunity to respond, to present evidence, to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Association. The hearing shall be conducted before a committee of three (3) Owners, if the Condominium contains at least three (3) Units, and if only two (2) Units comprise the Condominium, one DECLARATION OF CONDOMINIUM Page 22 of 27 OR 5057 PG 2833 (1) Owner appointed by the Board, none of whom may then be serving as Directors. If the committee by majority vote, which may be taken by secret ballot, does not agree with the fine, it may not be levied. 19.5 Voting Rights. The Association may suspend the voting rights of any Unit Owner for the nonpayment of assessments that are delinquent in excess of ninety (90) days. 19.6 No Election of Remedies. All rights, remedies and privileges granted to the Association or Unit Owners under the law and the Condominium Documents shall be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party from exercising any other rights, remedies, or privileges that may be available. 20. RIGHTS OF MORTGAGEES. 20.1 Approvals. Written consent of the Institutional Mortgagee of a Unit shall be required for any amendment to the Dec laration-whic v.�vould change the Unit's share of Ownership of the Common Elements, except as othcrw►se px�v d i egfwand 18 above. IXe. 20.2 Notice of a tralty or Condemnation 4' event of condemnation, eminent domain proceedings, or substantial damage, 9,,aor destruction o \any unit or any part of the Common Elements, the record holder of ony fpfst oxtl age dtt art -a€ b—qed Uni�shaft be entitled to notice. 1 20.3 First Mo gags r�cloA►rek rt ss e ytse' pro tided by law, if the mortgagee of a first mortgage of record acq ►r s t t t- aiC ndom iiiul P4rcol aria result of foreclosure of the mortgage, or as the result of a deec r n h�pfft e sureyw �n6ce shall not be liable for such share of the Common Expens4r Assessments attributable to thle Coi► minium Parcel, or chargeable to the former Owner of the on ►m Parcel, which cal*due pooKIP the mortgagee's acquisition of title. if the law mort requires the q g � Ito be liable, the mortga'� �a�`bliity shall be limited to the amount required by law. Any other person q, rin title shall pay the at t unt owed to the Association to record a Claim of Lien against the Unit and p gced1tae,samo rnAre4s'provided for the collection of unpaid Assessments. Any unpaid share of C0 itioh tk en es f tvhtch such acquirer is exempt from liability becomes a Common Expense collectible from arruhit`OW'ners, including such acquirer and his successors and assigns. No Owner or acquirer of title to a Unit by foreclosure, or by a deed in lieu of foreclosure, may be excused from the payment of any Assessments coming due during the period of such Ownership. 20.4 Redemption. If proceedings are instituted to foreclose any mortgage or lien on any Unit, the Association, on behalf of one or more Owners and with the permission of the mortgagee, may redeem the mortgage or lien for the amount due thereon and be thereby subrogated to all of the mortgagee's or lienor's rights of action, or the Association may purchase the Unit at the foreclosure sale. Any mortgagee shall have an unrestricted, absolute right to accept title to the Unit in settlement and satisfaction of the mortgage or to foreclose its mortgage in accordance with its terms, and to bid upon the Unit at the foreclosure sale. 20.5 Right to Inspect Books. The Association shall make available to Institutional Mortgagees requesting same, current copies of the Condominium Documents and the books, records and financial statements of the Association. "Available" shall mean ready for inspection, upon written request, during normal business hours, or under other reasonable circumstances. Photocopies shall be provided at the expense of the person requesting them. DECLARATION OF CONDOMINIUM Page 23 of 27 OR 5057 PG 2834 20.6 Financial Statement. Any Institutional Mortgagee is entitled, upon written request, to a copy of the financial statement of the Association for the immediately preceding fiscal year. 20.7 Lender's Notices. Upon written request to the Association, any Institutional Mortgagee shall be entitled to timely written notice of 20.7.1 Any sixty (60) day or longer delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds a mortgage. 20.7.2 Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. 20.7.3 Any proposed action that requires the consent of a specified percentage of mortgage holders. 21. DECLARANT'S RIGHT'S ��i)3'1D1� , of%withstanding any other provision of this Declaration, so long as the Declarant to nas successor m iri r sft"he Declarant holds any Units in the Condominium for sale in the ordina'r w oirise of business, the fol in provisions shall apply; 21.1 Decla nt's," Us6o-Un.41 the DedArant has °sold\all of Units, neither the Unit Owners nor the Association, rlor e4hera (ty's ryo he o#do ij;ij m Property shall interfere with the sale of Units. The Declarant ma}i nailceifyAus f"t ,urts ld�i itan'. the Common Elements and Association Property as m y r as nab e e'ppc d' to ,fa flit rte Completion of contemplated improvements and the sale of �t , cii it����ic 1r�ited t u writ t in g a sales office and/or model Units, displaying signs, leasing,,iJnj s, and showing Units tkkpros ecti eZP chasers. 4 W, f 21.2 Assi nrri '` t All or any of the rights,�rtvr gea, powers and immunities granted or reserved to the Declarant in the qn)q rtinium Documents tad ,be assigned by the Declarant to any person or entity without the consent o ray oh�t Owner o n elder of a mortgage secured by any Unit. In the event of the foreclosure of any most`ga� - d ...... larant, or deed in lieu of such foreclosure, the person first acquiring title to such interest by reason of such foreclosure, or deed in lieu of foreclosure, shall succeed to all rights, powers, privileges and immunities of the Declarant. 21.3 Amendments by Declarant. The Declarant shall have the right up to the time of turnover of control of the Association, to amend this Declaration and its exhibits in any manner and for any purpose the Declarant deems desirable, except that an amendment which substantially increases or decreases the collective total acreage of Units in the Condominium shall require the approval of one hundred percent (100%) of the Voting Interests of the Association. An amendment which substantially alters the size or the perimeter configuration of a Unit without substantially increasing or decreasing the total square footage of all Units comprising the Condominium shall require the approval of one hundred percent (100%) of the Voting Interests of the Units to be modified. Amendments which do not change the size or configuration of a Unit may be made and executed solely by the Declarant and recorded in the public records of Collier County, Florida, without any requirement of securing the consent of any Unit Owner or the Owner or holder of any lien encumbering a Condominium Parcel. After turnover of control, amendments to this Declaration shall be made pursuant to the procedures contained in Section 22, below. 21.4 Sales of Units. The Declarant shall have the right to sell or transfer any Unit owned by it to any person or entity on such terms and conditions as the Declarant deems in its own best interest. DECLARATION OF CONDOMINIUM Page 24 of 27 OR 5057 PG 2835 21.5 Common Elements. The Declarant shall have the right to expand or add Common Elements at its own cost and expense. 21.6 Turnover. The Declarant may turn over control of the Association to Owners other than the Declarant prior to the statutory dates, by causing all of its appointed Directors to resign, whereupon it shall be the affirmative obligation of Owners other than the Declarant to elect Directors and assume control of the Association. Provided at least thirty (30) days' notice of the Declarant's decision to cause its appointees to resign is given to Unit Owners, neither the Declarant, nor such appointees shall be liable in any manner in connection with such resignations, even if Owners other than the Declarant refuse or fail to assume control. If the Declarant holds Units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the Declarant: (a) Assessment of the Declarant as a Unit Owner for capital improvements; or, (b) any action by the Association that would be detrimental to the sales or leasing of Units by the Declarant. However, an increase in Assessments for - Common Expenses without discrimination against the Declarant shall not be deemed to be detrimental to the sales or leasing of Units. 22. AMENDMENT OF DEC I i wTlO i tclo '&',for amendments made by Declarant pursuant to Section 21, above, all ,a> iu irients to this Decla't'a or# -shall be proposed and adopted in the following manner: 22.1 Pro o ail. AmendmennN tot is Declaration nay be proposed by the Board of Directors, by written petition to thiti, gpe�i bye z ro�h least twenty five percent (25%) of the total Voting Interests. i i F $ a 22.2 Proce4 Upon any amend 6n)ora mendtffeits to this Declaration being proposed as provided above, th osed amendment or a ',pdrnenull be submitted to a vote of the members not later than the next d h (omeeting for which' r o , 'can still be given. Amendments to subdivide a Unit or alter the ,qon figuration of a Urrlkar-4 hich require only a vote of the Owners in the Unit(s) to be modifi -tt.,$e-,submit d-ti2�a� by the special procedures set forth s below and in the Bylaws. 22.3 Vote Reouired. Except as otherwise provided by law, or by specific provision of the Condominium Documents, this Declaration may be amended if the proposed amendment is approved by at least one hundred percent (100%) of the Voting Interests who are present and voting, in person or by proxy, at any annual or special meeting called for the purpose. Alternatively, amendments may be adopted without a meeting following the procedure set forth in Section K of Article IV of the Bylaws. 22.4 Certificate; Recordine. A copy of each adopted amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which certificate shall be in the form required by law and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida. 22.5 Enlargement of Common Elements. The Common Elements designated by this Declaration may be enlarged to add real property acquired by the Association through amendment of this Declaration. Except as provided for in Section 7 above concerning Subsequent Phase Units, the amendment to enlarge the Common Elements must be approved by one hundred percent (100%) of the total Voting Interests of the Association. The amendment divests the Association of title and vests title in DECLARATION OF CONDOMINIUM Page 25 of 27 OR 5057 PG 2836 the Owners without naming them and without further conveyance, in the same proportion as the undivided shares in the Common Elements that are appurtenant to the Units. 22.6 Correction of Errors. If there is an omission or error in this Declaration of Condominium or in other documents required by Florida law to establish the Condominium, the Association may correct the error or omission by following the procedures set forth in the Condominium Act. 22.7 Amendment of Provision Relating to Declarant. As long as the Declarant holds any Unit in the Condominium for sale or lease in the ordinary course of business, no amendment shall be effective which changes any provision relating specifically to or adversely effecting the Declarants rights hereunder, without the Declarant's prior written consent. 23. MISCELLANEOUS. 23.1 Severability. T) i i t d ; e,94prceability in whole or in part of any covenant or restriction or any section, tbton, sentrre; cle, phrase or word or other provision of this Declaration, or any recorded e,itt kd this Declaration, shet feet the remaining portions. 23.2 Ap LIJ and its recorded exhibits shall Act, as it exists on the date hei construction of this Declaration Oarly the Florida Condominium 23.3 Con fir' t§ t.' V�nflit "r weer pn pfovk on of this Declaration and the Condominium Act, the Condotli iji m Act shall control ilmere i a qbn it t between this Declaration and the Associations Articles of Ind OKation or Bylaws, the*aratiorn I control. 23.4 rote retat nr'*' Board of Direotcgu is responsible for interpreting the provisions of this Declaration and its hibits,,Suc-4-int r tatt©ri-shall be binding upon all parties unless wholly unreasonable. A written opinion ie i b I�g ins QVthat an interpretation adopted by the e" ' Board is not unreasonable shall conclusively esta�ilisl -validity of such interpretation. 23.5 Exhibits. There is Hereby incorporated within this Declaration any materials contained in the exhibits hereto which, under the Condominium Act, are required to be part of the Declaration. 23.6 Singular, Plural and Gender. Whenever the context so requires, the use of the plural shall include the singular and the plural, and the use of any gender shall be deemed to include all genders. 23.7 Headines. The headings used in the Condominium documents are for reference purposes only, and do not constitute substantive matter to be considered in construing the terms and provisions of these documents. DECLARATION OF CONDOMINIUM Page 26 of 27 OR 5057 PG 2837 IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. 0 04?A �- , Witness # l Print e: JeA044<Y 6. S70zk4/4h itness # Print Name: �Iye&p CREEKSIDE EAST, INC., a Florida corporation 0 STATE OF FLORIDA ` w� COUNTY OF COLLIER Sworn to and acknowledged#bef-re °i this )y "Ay of of Creekside East, Inc., a Florida me. Notary Psi Print Name, 4, by Jeff Sonalia, as President p. He is personally known to "Y "''••, Austin David Howell =t08AAitSSION# FF120795 =� EXPIREs: MAY 07, 2018 BONDEDTNRU aina�` 1st FLORIDA NOTARY, LLC DECLARATION OF CONDOMINIUM Page 27 of 27 OR 5057 PG 2838 EXHIBIT "A" THE LAND OR 5057 PG 2839 Stantec LEGAL DESCRIPTION OF PART OF TRACT "3", CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA. CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM (UNIT 1) ALL THAT PART OF TRACT "3", ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTER YM CORNER OF SAID TRACT "3'; THENCE ALONG THE BOUNDA YOf (""3°, IN THE FOLLOWING -. FOUR (4) DESCRIBED COi: 1. 39.35 FEET ALM r ARC OF A CIRCULA , CURVE CONCAVE SOUTHEAST HAVII`4`— ADIUS OF 25.00 FEET THROUGH CENTRAL ANGLE OF 90'10'20?' AND,, ,ING'SUBTENDED BYvA CHORD WHICH BEARS NORTH 45°05'10" EAV3'6 :LEE ; 3. SOUTH 8803T19" EAST 2 5.1 E - 4. SOUTH 89°49�4W- � 7. t55 I i THENCE LEAVING SAID, b _ NDAR 6tfU H' °00'0�� 1NE " 2, 68.31 FEET; THENCE SOUTH 90°0,00",WEST 281.44 FEET : , A POINT,,ON THE BOUNDARY OF SAID TRACT "3"; .f THENCE ALONG SAIDrRY NORTH 00.00-OW EAST'249.08 FEET TO THE POINT OF BEGINNING. CONTAINING 1.75 ACRES MORE Z)♦S.', P v SUBJECT TO EASEMENTS AND RESTRICT*NS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID TRACT'3", BEING NORTH 00'00'00" EAST CERTIFICATE OF AUTHORIZATION #LB-7866 STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS By. c--� Date: April 14. 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1011, Sh 2 OR 5057 PG 2840 ` Stantec LEGAL DESCRIPTION OF PART OF TRACT "3", CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA CREEKSIDE EAST LAND CONDOMINIUM. A LAND CONDOMINIUM (UNIT 2) ALL THAT PART OF TRACT'3', ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLYMOST CORNER OF SAID TRACT'3'; THENCE ALONG THE BOUNDARY OF SAID TRACT'3°, IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: um , 1. 39.35 FEET ALONG THE ARC QFA 1).;VE CONCAVE SOUTHEAST HAVING A RADIUS OF 25.00 FEET L H �PIt L 1a) w90^1920- AND BEING SUBTENDED BY CHOAR RD F9i S NOhI14-4;6�i0l EAST 35.41 FEET; 2. SOUTH 89°49'40" EAST 3..AF ET; ' 3. SOUTH 88°33'19" EAST MA6 FEET; 4. SOUTH 89°4940 EAST 7^t5- EETTOITHE POINT OF BEG IRININ THENCE CONTINUE ALONG SAID BOUNDARY OF TRACT 3 SOUTH,89�440r- EAST 93.24 FEET;THENCE LEAVING SAID BOUNDARY OF TRACT °3 SOUTH 11 0623' 'SA149.28 FEET; SOUTH 44'18'47" WEST 19.71 I G ,� o 15.85 FEET ALONG THE RC?F CI�1 R CUF$l?EN ES7 HAVING A RADIUS OF 20.00 FEET THROUGH A CENT to AN E F 15° 5"1Q "AAf INO SOBTENDED BY A CHORD WHICH BEARS SOUTH 2j°3i WES44 E EIca u� r SOUTH 01°0523' EAST 3084, . F 30.83 FEET ALONG THE Akt F A CIRCULAR CURVE CON AVE NORT _WEST HAVING A RADIUS OF 20.00 FEET THROUGH A TRAL ANGLE OF 88 19 5 , �'M1D BE1`NC� SUBTENDED BY A CHORD WHICH BEARS SOUTH 43'03' ;VPf ST27.87 FEETTO A o6kf ON TkEebOUNDARY OF SAID TRACT'3';"�.� .. THENCE ALONG THE 00 NDA ilJ? TRACT 3 IN THE F1 ELOWING NINE (9) DESCRIBED COURSES: .. -. �. 1. SOUTH 87.13'30"WEST 41 5, 2. 13,64 FEET ALONG THE ARC OF A'fifOM 7A}GENI IAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 8.40 FEET THROUGH A CENTRAL ANGLE OF 93'04'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 46°32'04" WEST 12.19 FEET; 3. NORTH 00'00'00' EAST 10.31 FEET; 4. SOUTH 90°00'00' WEST 170.59 FEET; 5. SOUTH 00'06'11" WEST 12.25 FEET; 6. NORTH 85'42'22" WEST 34.44 FEET; 7. SOUTH 64'49'45" WEST 37.15 FEET; S. SOUTH 50°22'37" WEST 70,71 FEET; 9. NORTH 00°00'00' EAST 343.57 FEET; THENCE LEAVING SAID BOUNDARY OF TRACT -3-, NORTH 90'00'00- EAST 281.44 FEET; THENCE NORTH 00°00'00' EAST294.31 FEET TO THE POINT OF BEGINNING. CONTAINING 3.06 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID TRACT -3-, BEING NORTH 00°00'00" EAST CERTIFICATE OF AUTHORIZATION I$LB-7866 STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS OR 5057 pm 2841 By: S t a OR 5057 PG 2842 0 Stantec LEGAL DESCRIPTION OF PART OF TRACT "S', CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA. CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM (COMMON ELEMENT) ALL THAT PART OF TRACT "3", ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWE ` If S 1 R OF SAID TRACT "3"; THENCE ALONG THE WES," L 1=' SOUND �lD TRACT -7, SOUTH 00 00 00" WEST 249.08 FI�O THE POINT OF BEG ING OF SAID TRACT; THENCE LEAVING SAID BOI„l1VDARY,NORTH 90000'00' AST 281.44 FEET; THENCE SOUTH 00'00'00"V�lff T 6�OiffEET, THENCE SOUTH 90°00'OO� WEST 28 44` ET T A POI ON THE WEST BOUNDARY OF SAID :TRt��` r%S�� ®THENCE ALONG SAID BC i1I Y IO�T 10 00�7 26.Q0 FEET TO THE POINT OF BEGINNING,�,.�,a k, 1 � CONTAINING 0.17 AC�5,�VORE OR LESS. SUBJECT TO EASEMEAN FWD RESTRICTION REG BEARINGS ARE BASED 7i E WEST LINE OF Ii TF '�T 7 BEING NORTH 00 00 00 EAST CERTIFICATE OF AUTHOR: I" STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS By C::�6*�Date: April 15, 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1010 OR 5057 PG 2843 EXHIBIT "B" SUIZVI EY AND PLOT PLANS 'R co - NII .011, 1"TIMP7 1-4 0- OR 5057 PG 2844 -- O.R 1747• PILE 2316-7112 {.«t.. Ll s88 33'19,`E a g�oZ I e t a oz:�' II W z� I a C�_ W? ,; I sQo•oo�oow t� ---�C) I rQ I W� I 13 a 14 I WIC 1 I N II i EE I C�1 ICJ W J N r ~J W z j �' u 1- � 0, 0, Z Co co J Z W r J N J [A nmw PILE 1217 n Q I (~ a I�I l i I �No W 2 cn Y I.1.! 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PcUmK [,scuba {S.R_ 846)—a— + RDe M. eLE 1112 —I — Z n m 0 L'174], i/L6 1316-I322a. SB$ 49, (9� •, Ir- S ,5 v �'a. ` sagas rp, u�t u 93.24� \ I F uF xo 0 ED En z a w � � U CJ a '�,� COMMON ELE p 'a N90'00'00'E 281.44' __j I I � o S I wll' cQ« 'sue of I cEi I Ud ,,ll,/ hkl ----I� UI Z I'� 1= I Z LB to 59DOD00Vl 170.59 E I I�� L7 w ` o u W H LnGnS\SL�tYiD•K1Gn1-�Nav�p �rq]-O�II4G:1 {\GIYCO 6f6N�S 11\•4P•\vt R\ •V arctusn\1 tt]�w ne oxc •ion/t 4o �o•.�qe 1 �]]nn n+ cccrs •wt/tt/s �w•s au +t .a�up �u�nvu'i•nNY�� 6o OR 5057 PG 2848 s Y � N to ifl t2 In r yet N v�i q ' N - AD 0 aN >� 5i yt Q < U988::°�0�� o b w '6 GO O Q � a O �Kl *'r * 547P U U n Y141:nkE`^-'" Am KEy 191! —I — (per 0. im OA. 1)1 ). i.GES lJte_!7!! -U �� •., ," F � � Y N na 20- LE E. I 6 �L I I f I I ICI a a� I LLL7ii n C ! TTT b z WW O o 4 A PZ II W C-) I to ar I i w� 81 F �q! W I N90'00'00'E n EAI f ��+ Ell1— {� , CObSbSON ELE�'}��+���,T 45„. "�'" x C U J 0I] ACRCAS2 I I^ ----� O 5900U 00"W I.aa �•_.._. — a I I v) ��� A l.i II A a I �� I' I~ � I fl• I. I Ujo I C+�WU olsl a.a loin v . II UC; I 0"Wg 1 I � z y n V FW4 I I- w.]18 U LI Cal I I —► `� I t o' �� ro 3 c�'.� I w r En L7 0 0 �+ cn z o os� W g g o zmgb o l.f J J r J„erxccixw��o.arnrwnocrtss-ersuea o\vraro a.lswcu\•wv vu a\ w•\tor+ens�l\ rmul ne mv2 nae/2Ue a•o�e � eormn nd +cn2 +toe/re/c :v+�s lme �s.m.�,+67 OR 5057 PG 2849 EXHIBIT "C" ARTICLES OF INCORPORATION V NA Rl- cou, " .0 OR 5057 PG 2850 50-617-6381 6/16/2014 1:37:19 PM PAGE 1/003 Fax Server t At����C 33p.partment of Otutp I certify from the records of this -.-office CONDOMINIUM ASSOCIATION, INC : �ojrpoFa the State of Florida, filedv'o�e The document number of thi ' orporation is I further certify that said ra%on h` through December 31, 2014 ` an itrs.••°fit" tusk I further certify that: s �dco�por Dissolution. I further certify than :ks is anwelectr authorized by section is' Florida Sta code, 314AOOD12983-06161 �4000005660-1/i Authentication Code: 314A0001296 6b. that CREEKSIDE EAST LAND tion organized under the laws of 05660. 2.1 fees due this office dt ilgd Articles of Ilk # s d 117ansmitted certificate a°nd° authenticated by the 000005660-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Sixteenth day of June, 2014 �Etett met;[ter Rerretat'j, fit retr& OR 5057 PG 2851 850-617-6381 6/16/2014 1:37:19 PM PACE 2/003 Fax Server Bppartmpnt of Olutp I certify the attached is a true,..mand---car Incorporation of CREEKSIDE EAST Florida corporation, filed d� 14-1 this office. A; ice° I further certify the docuQr t•--was. elect number H14000140928. This,`c t ica6e 1 section 15.16, Florida'St�t r , The document number of tt s o perr n: L Authentication Code: 3 t copy of the Articles of INIUM ASSOCIATION, INC., a s shown by the records of ically received under FAX audit ssued in accordance with ti,cp *icy the code noted below 0 00�660. L 'x A00012963-061614 G0( 60-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Sixteenth day of June, 2014 �(P� � Z Iken het wr zerl-amp OI z1ate OR 5057 PG 2852 ARTICLES OF INCORPORATION OF. CREEKSIDE EAST LAND CONDOMINIUM ASSOCIATION, INC. The undersigned incorporator, for the purpose of forming a corporation not -for -profit pursuant to Chapter 617, Florida Statutes, and the laws of the State of Florida, hereby adopts the following Articles of Incorporation. PREAMBLE Creekside East, Inc., a Florida corporation, ("Developer" or "Declarant') owns certain property in Collier County, Florida (tire "Land") and intends to execute and record a Declaration of Condominium of Creekside East Land Condominium, a Commercial Land Condominium (the "Declaration") which will encumber the Land. This Association is being formed as the Association to administer the Declaration and to perform the duties and exercise the ..powers pursuant to the Declaration, as and when the Declaration is recorded in the Public Ft °cs,f CC@jCounty, Florida, with these Articles of Incorporation attached as an exhibits, 111ife�nttiott�d in the Declaration shall apply to these Articles of Incorporation, anc}•ig`t�$ylaws of the Assoc* The name of the corl INC., hereinafter referred to Association and the initial rr Golden Gate Parkway, Naple! -; ARTICLE lI - The purposes for which the)ksf*ation is organ To operate as a corporation MINIUM ASSOCIATION, the principal office of the i Collier Companies, 2600 to Chapter 617, Florida Statutes. 2. To enforce and exercise the duties of the Association as provided in the Declaration. the Association. To promote the health, safety, welfare, comfort and economic benefit of the members of ARTICLE III - POWERS AND DUTIES Tire Association shall have the following powers and duties: 1. All of the common law and statutory powers of a corporation not -for -profit under the laws of the State of Florida. 2. To administer, enforce, carry out and perform all of the acts, functions, rights and duties provided in or contemplated by the Declaration, including but not limited to, the following: A. To own, purchase, sell, mortgage, encumber, lease, administer, manage, operate, maintain, improve, repair and/or replace real and personal property. ARTICLES OF INCORPORATION Fax Audit#11140001409283 Page 1 of 8 OR 5057 PG 2853 B. To make and collect Assessments against Owners to defray the costs, expenses and losses incurred or to be incurred by the Association and to use the proceeds thereof in the exercise of the Association's powers and duties. C. To enforce the provisions of the Declaration, these Articles and the Bylaws. D. To make, establish and enforce reasonable rules and regulations governing the use of Units, Common Elements and other property under the jurisdiction of the Association. E. To grant and modify easements, and to dedicate property owned by the Association to any public or quasi -public agency, authority or utility company for public, utility, drainage and cable television purposes. F. To borrow money' ohu`roarrying out the powers and duties of the Association./`�� G. To exercise -16 ntrol over alterations add' ions improvements, or changes in accordance Wit:f -Ai' ,terrri's%of-the Doc aration H. Toobramipsurariceas{id�p ltJon { F \ d iE I. To et�pto` e�sp t l (*cAaa�y` o perNrni th$ bbl gations, services and duties requi ► or toe peridfine byr he Associat i 4d for proper operation of the grope qr which the Assoctahoa reSpoi` or to contract with others for the pe qua ce of such obligations; rv�er duties. J. To sue The members of the Association shall consist of all of the record Owners of Units. Membership shall be established as to each Unit upon the recording of the Declaration. Upon the transfer of ownership of fee title to, or fee interest in, a Unit, whether by conveyance, devise, judicial decree, foreclosure or otherwise, and upon the recordation amongst the public records of Collier County, Florida, the deed or other instrument establishing the acquisition and designating the Unit affected thereby, the new Owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership of the prior Owner as to the Unit designated shall be terminated, provided, however that the Association shall not have the responsibility or obligation of recognizing any such change in membership until it has been delivered a true copy of the applicable deed or other instrument, or is otherwise informed of the transfer of ownership of the Unit. Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association. The share of each member in the funds and assets of the Association, and the Common Surplus, and any membership in this Association, cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit for which that membership is established. ARTICLES OF INCORPORATION Fax Audit #H140001409283 Page 2 of 8 OR 5057 PG 2854 On all matters upon which the membership shall be entitled to vote, each Member's Voting Interest shall be as set forth in the Declaration. The Bylaws shall provide for an annual meeting of tite members of the Association and shall make provision for special meetings. ARTICLE V - TERM OF EXISTENCE The Association shall have perpetual existence. ARTICLE VI - INCORPORATOR The name and street address of the incorporator is Cheryl L. Hastings, Esq., GRANT FRIDKIN PEARSON, P.A., 5551 Ridgewood Drive, Suite 501, Naples, FL 34108. The property, business consist of not less than three (: provide for a method of deter determination as to the numbed not required to be members Ai! of the Association and which shall al lining th�e_tas►mbbrrf-direpl of 4irectors, thip Boarcl shall All of the duties and �owckd the Bylaws shall be exercisedke) %Sri approval by the members only ivherl\ p The Developer shall ha At When Owners other than the Dever than the Developer shall be entitled Directors. p. ,�ssocaralrcg ewisnng by flte'board; Its ag( fically required lit to appoint all of to a )Vl f seen percent _(J,51 Ile xtranaged by a Board, which shall ys a a"n` odd number. The Bylaws may from time, to time. In the absence of a isist o three (3) directors. Directors are ration, these Articles and or employees, subject to 31ors subject to the following: (1) ore of the Units, the Owners other of the members of the Board of Owners other than the Developer are entitled to elect not less than a majority of the members of the Board of Directors upon the first to occur of the following: A. Three (3) years after fifty percent (50%) of the Units that will be operated ultimately by the Association have been conveyed to purchasers; B. Three (3) months after ninety percent (90%) of the Units that will be operated ultimately by the Association have been conveyed to purchasers; C. When all the units that will be operated ultimately by the Association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the Developer in the ordinary course of business; D. When some of the Units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business; or E. Seven (7) years after recordation of the Declaration. ARTICLES OF INCORPORATION Fax Audit: #11140001409283 Page 3 of 8 OR 5057 PG 2855 The Developer is entitled to elect at least one member of the Board of Directors as long as the Developer holds for sale in the ordinary course of business at least five percent (5%), of the Units in the Condominium. Following the time that Owners other than the Developer are entitled to elect or majority of the Board of Directors, the Developer may exercise the right to vote any Developer -owned Units in the same manner as any other Unit Owner. Directors shall be elected and removed in the manner provided in the Bylaws. Vacancies on the Board shall be filled in the manner provided by the Bylaws; however any director appointed by the Declarant may only be removed by the Declarant, and any vacancy on the Board shall be appointed by the Declarant if, at the time such vacancy is to be filled, the Declarant is entitled to appoint the directors. The names and addresses of the initial directors, who shall hold office until their successors are appointed or elected, are as follows: DAVID GENSON JOHN C. ENGLJS BRADLEY E ST( The officers of the Asso. treasurer and such other officers '�l shall serve at the pleasure of the Boni for filling vacancies and for the duti their successors are designated by the , .. 1 Qt) 'Gold Gate Parkway T�apl' si E"Ipri4a 34105 _ 2600 Gol Gat Parkway NIi(es, Flor a 3105 1esM644341 :I✓ III=ICE�It shall BRADLEY E. STOCKHAM JOHN C. ENGLISH DAVID GENSON DAVID GENSON be a presid ohc'-,eb ,,_mbre vice presidents, secretary, may, from time to,Umr.,by resolution create. The officers Maws may prgvtre cr the removal from office of officers, ers�nSof the officers who shall serve until President Vice President Secretary Treasurer ARTICLE IX - INDEMNIFICATION The Association shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees) judgments, fines and amounts paid in settlement actually and, reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association; and with respect to any criminal ARTICLES OF INCORPORATION Fax Audit f1H140001409283 Page 4 of 8 OR 5057 PG 2856 action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; except, that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duties to the Association unless and only to the extent that the court in which the action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not, in and of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Association, and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to hereinabove, or in defense of any claim, issue or matter therein, he shall boAndem-nifed against expenses (including attorneys' fees and appellate attorneys' fees) actually an a a 5o y i it biro in connection therewith. Expenses incurred in de Association in advance of the I board in the specific case upQj employees or agents to repay sic Association as authorized herein The indemnification Ot those seeking indemnificatio agreement, vote of members office, shall continue as to a pe inure to the benefit of the heirs, n - ,-divil or criminal actibt F' i d'position of such action, su or eiof an iindertalcutgvtby o less it shdl he determined that hel! ;e, and as to action has ceased to be a and administrators r proceeding may be paid by the proceeding as authorized by the tebalf of the directors, officers, entitled to be indemnified by the ;J`of any other rights to which *te of Florida, any Bylaws, 7icial capacity while holding , employee or agent and shall n. The Association shall have the ivetp; relras amat�atain insurance on behalf of any person who is or was a director, officer, employe e`'oor e4rf otlssoctatuon, or is or was serving at the request of the Association as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, as arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article. ARTICLE X - BYLAWS Tile Bylaws shall be adopted by the Board and may be altered, amended or rescinded by the Declarant, tlue directors or members in the manner provided by the Bylaws. ARTICLES XI - AMENDMENTS Amendments to these Articles shall be proposed and adopted in the following manner: I. A majority of the Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the members, which may be an annual or a special meeting. ARTICLES OF INCORPORATION Fax Audit #H140001409283 Page 5 of 8 OR 5057 PG 2857 2. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote thereon within the time and in the manner provided in the Bylaws for the giving of notice of a meeting of the members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. 3. At such meeting, a vote of the members entitled to vote thereon shall be taken on the proposed amendment. The proposed amendment shall be adopted upon receiving the affirmative vote of a one hundred percent (100%) of the Voting Interest of the entire membership of the Association. 4. Any number of amendments may be submitted to the members and voted upon by them at any one meeting. 5. If all of the directors and all of the members eligible to vote sign a written statement manifesting their intention that an amendment to these Articles be adopted, then the amendment shall thereby be adopted as though the above requiremen hAd been satisfied. 6. Notwithstanding anyhrt� q arn'ed her a �� t e contrary, so long as Declarant is entitled to elect a majority of theQdo f Directors, Dec r all have the right to amend these Articles without the consent or joinkjy r"of another Owner or a Institutional Lender. In addition, no amendment which would in an Wqyy of the ighfs, privileges, powers or options herein provided in favor of or reserved to,,, the Declai�nt,, unless becl rant shall join in the execution �� of the amendment, including, bGt nSf"�io;aji >�a�fe,Iaanto appoint directors. 7. After turnover ti";nl¢11 `os amendment shall change the quariDeations for members approval by all of the members >kolamendment shall Prior to the closing of the sale of a��� iits, no amendr rights, privileges, powers or options,k 'tv,provided in Declarant shall join in the execution o he a ndmer Declarant to appoint directors. &Jnerd erg other than the Declarant, no in�he Wg Interests of members without de thtit4 �,,m conflict with the Declaration. l arty way adversely effect any of the rfl ,rdserved to, the Declarant, unless the 14o' ' , but not limited to, any right of the ARTICLES XII - INITIAL REGISTERED OFFICE AND NAME OF REGISTERED AGENT The initial registered office of the Association shall be at 5551 Ridgewood Drive, Suite 501, Naples, FL 34108. The initial registered agent at that address is GFPAC Services, LLC. ��'VHEREFORE, the incorporator, and the initial registered agent have executed these Articles on this !� day of ���.c,e , 2014. By executing these Articles, the undersigned registered agent accepts the appointment as registered agent and states that the undersigned is familiar with and accepts the obligations of that position. C111/// Cheryl L. Vtings ARTICLES OF INCORPORATION Fax Audit #H140001409283 Page 6 of 8 OR 5057 PG 2858 STATE OF FLORIDA COUNTY OF COLLIER Sworn sc '�tome e me this day Hastings, who Lspec�rsonaul y knowr whoproduced _ of 2014 by Cheryl L. as identification. '�'•° COLLEEN M. MUELLER U c+ +- WOOMMISSION#EE102641 Notary Public i a EXPIRES: June 17, 2o15 Balled Thru Notary Pubr4 underwr es . 0 { l' ARTICLES OF INCORPORATION Fax Audit#H140001409283 Page 7 of 8 OR 5057 PG 2859 ACCEPTANCE BY REGISTERED AGENT Having been named to accept service of process for the above -named corporation, at the place designated in these Articles of Incorporation, I hereby accept the appointment to act in this capacity and acknowledge that I am familiar with and agree to accept the obligations imposed upon registered agents under the Florida Not For Profit Act. Cheryl L Pastings, on behal of dVPACP1rvices, LLC ARTICLES OF INCORPORATION Fax Audit #H140001409283 Page 8 of 8 OR 5057 PG 2860 EXHIBIT "D" BYLAWS OR 5057 PG 2861 1. BYLAWS OF CREEKSIDE EAST LAND CONDOMINIUM ASSOCIATION, INC. GENERAL PROVISIONS. A. Identi . These are the Bylaws of Creekside East Land Condominium Association, Inc., a Florida not -for -profit corporation, hereinafter referred to as the "Association". The Association has been organized for the purposes stated in the Articles and shall have all of the powers provided in these Bylaws, the Articles, the Declaration and any statute or law of the State of Florida, or any other power incident to any of the above powers. B. Principal Office. The principal office of the Association shall be at such place as the Board may determine from time to time. C. Fiscal Year. The fiscal year of tbe.A•ssociation shall be the calendar year. D. Seal. The seal of, tl>e "Id6at art s " see, inscribed upon it the name of the Association, the year of its incorporatoo end the words "Co' at, of for Profit". The seal may be used by causing it, or a facsimdfi t r`eof, to be impressed, affi d or otherwise reproduced upon any instrument or document executed in tiie'name o1 t —Association. E. Inspection of!Bog open to inspection by all 6wne guarantors of any first mortgage; current copies of the Declarzkt`f,' thereto any contracts entered ill the Association. The Associati�tir+ current copies of the Declaratio annual financial statement of the A or records of the Association will e or under reasonable circumstances. ee Tfiq d�*ordIs of the Association shall be for tliiire au horii e4,lrppr se� ti�es, and all holders, insurers or imbetin � i n t Such cc rdsr c tite Association shall include e�- icles�oftI tS ratio l li -Bylaws, and any amendments the Association, and , bopks.=cpds and financial statements of ill be required to maRei atlale tirospective purchasers of Units "',Articles of Tncorporatib, aid tfe Bylaws, and the most recent i tjoa, Notwithstandinlregoing, any inspection of any books Pk� peinrpged-trport r a aai l6 notice, during normal business hours F. Definitions.. Unless the context otherwise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Articles and the Declaration of Condominium of Creekside East Land Condominium, a commercial land condominium. H. MEMBERSHIP IN GENERAL. A. Qualification. Pursuant to the Articles, all of the record Owners of Units shall be members of the Association. Membership for each Unit shall be established upon the recording of the Declaration Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association, but its membership shall terminate upon the recording of the Declaration, unless it owns any Units. B. Changes in Membership. The transfer of the ownership of any Unit, either voluntarily or by operation of law, shall automatically terminate the membership of the prior Owner, and the transferee or new Owner shall automatically become a member of the Association. It shall be the responsibility of any such transferor and transferee of a Unit to notify the Association of any change in the ownership of any Unit, and the corresponding change in any membership, by delivering to the Association a copy of BYLAWS Page 1 of 14 OR 5057 PG 2862 the deed or other instrument of conveyance which establishes a transfer of ownership. In the absence of such notification, the Association shall not be obligated to recognize any change in membership or ownership of a Unit for purposes of notice, voting, Assessments, or for an), other purpose. C. Member Register. The secretary of the Association shall maintain a register in the office of the Association showing the names and addresses of the members of the Association. It shall be the obligation of each member of the Association to advise the secretary of any change of address of the member, or of the change of ownership of the member's Unit, as set forth above. Upon the request of the Association, any member who mortgages (or who has mortgaged) the Owner's Unit shall notify the Association of the name and address of the Owner's mortgagee. Any member who satisfies the mortgage encumbering the Owner's Unit shall also notify the Association thereof, and shall file a copy of the satisfaction of mortgage with the Association. M. MEMBERSHIP VOTING. A. Voting Rights, Each the event any Unit is owned by rry individual, the votes for such Unit,thr B. Maiority Vc present in person or by prc members and Owners for all Articles or in these Bylaws. in person or by proxy of p( constitute a quorum. C. mecrre'�essall be as set forth in the Declaration. In yrth,fi.,•�nt"°")Strt;t,6itsowned by a person other than an cast as set forth below-' ��m Regirirerr�ersts e actsapp roved by a majority of the votes meeting at, *lri h a q rum is�presint shall be binding upon all 'Ptw�h 16rq 61ft W pr� ill bylaw, in the Declaration, in the [hero iseiso ro d ;fit a� u4r or"special meeting, the presence Itlo a$tn-bard (1I3)f tfdtes of all the members shall � .•,. r w r otine Rights. l . In the eve it' a iy "is owned by ane t i icltial, his or her right to cast the votes for the Unit slta�beFfsctCti ttie record title to the Unit. 2. In the event any Unit is owned by more than one individual or by an entity, the votes for the Unit may be cast at any meeting by any co -Owner of the Unit provided, however, that in the event a dispute arises between the co -Owners as to how the votes for the Unit shall be cast, or in the event the co -Owners are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to cast the votes for the Unit on the matter being voted upon at that meeting, but their membership shall be counted for purposes of determining the existence of a quorum. For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Unit shall be deemed co -Owners of the Unit, and the directors and officers of a corporation owning a Unit shall be deemed co -Owners of the Unit. Proxies. Every member entitled to vote at a meeting of the members, or to express consent or dissent without a meeting, may authorize another person or persons to act on the member's behalf by a proxy signed by such member or the member's attorney -in -fact. Any proxy shall be delivered to the secretary of the meeting at or prior to the time designated in the order of business for delivering proxies. Members may not vote by general proxy, but may vote by limited proxy. BYLAWS Page 2 of 14 OR 5057 PG 2863 Limited proxies and general proxies may be used to establish a quorum. Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter that requires or permits a vote of the members. Any proxy shall be effective only for the specific meeting for which originally given and any la�vfully adjourned meetings thereof. In no event shall any proxy be valid for a period longer than ninety (90) days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the member executing it. Every proxy shall specifically set forth the name of the person voting by proxy, and the name of the person authorized to vote the proxy for him. Every proxy shall contain the date, time and place of the meeting for which the proxy is given, and if a limited proxy, shall set forth those items which the proxy holder may vote, and the manner in which the votes are to be cast. 4. With respect to any action taken by an officer or purported officer of an entity that is and Owner, thc._.Association shall have no duty to inquire as to the authority of such.parti,fe ckrt tor. IV. MEMBERSHIP A. Persons Ent co -Owners of the Unit may corporation, any director or i the votes for any Unit shall the right to attend all membe B. Place. All Association or at such other notice of meeting. any jiip of the members Ind at such time as sl \Aa Unit isowned by more than one person, all hers. In ythe event any Unit is owned by a ` d­'�� ,,i)teetmg of the members. However, •oo si �s hereof. Institutional Lenders have it be hge1 �f the principal office of the ' d0d` by the Board and stated in the C. Notices. Written notice,wh trst me A' agenda, stating the place, day and hour of any meeting and, in the case of a special meett,ifiepu� or purposes for which the meeting is called, shall be given by first-class mail or personally delivered to each member entitled to vote at such meeting and shall be posted in a conspicuous place on the Condominium Property, not less than fourteen (14) nor more than sixty (60) days before the date of the meeting, and upon notice to the Unit Owners, the Board shall by duly adopted rule designate one or more specific locations on the Condominium Property upon which all notices of Unit Owner meetings shall be posted. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at the member's address as it appears in the records of the Association, with postage thereon pre -paid. For the purpose of determining members entitled to notice of, or to vote at, any meeting of the members of the Association, or in order to make a determination of the members for any other purpose, the Board shall be entitled to rely upon the member register as same exists fourteen (14) days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. Notwithstanding the foregoing, if a Unit is owned by more than one individual or by an entity, only one notice shall be required to be given with respect to the Unit, which may be given to any co -Owner as defined hereinabove of these Bylaws. Notice to any member or co -Owner shall be sent to the Unit of such member or co -Owner, unless the Owner of the Unit requests otherwise. BYLAWS Page 3 of 14 OR 5057 PG 2864 D. Waiver of Notice. Whenever any notice is required to be given to any member under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting, except when the member objects at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened. E. Annual Meeting. The annual meeting for the purposes of electing directors and transacting any other business shall be held once each year at a time and place to be determined by the Board and as is contained in the notice of such meeting. F. Special Meetings. Special meetings of the members may be called at any time -by any director, the president, or at the request, in writing, by not less than twenty-five percent (25%) of the members, or as otherwise provided by law. Such request shall state the purpose of the proposed meeting. Business transacted at all special meetings shah_..be .cpnfined to the subjects stated in the notice of meeting. Notice of any special meeting shSl 4 *Fr N 590 dance with paragraph C, above. G. Adjournments. members present in person or then any officer of the Assoc adjourned or continued to ant adjourned meeting, if the time' at which the adjournment is fit; might have been transacted adjourned are announced at' meeting may be given to mei members which were present at o, �tmued by a majority vote of the i %ness ember entitled to vote is present, frtin* to time. If any meeting is bery to give any notice of the dj-p,icmted 'pre announced at the meeting raaetpd at the adjourned meeting that 0eanh,kpJ4ce to which the meeting is iint4 t s Cen, notice of the adjourned l $,Imept",:, without giving notice to the . r. H. Organization. At o ch, %i4ing of the members,,' president, the vice president, or any person chosen by a majority of the nie ter � itsent; rn a e e ti"s'hall act as chairman of the meeting. The secretary, or in the secretary's abserib �zt' t I l`aty tb act, any person appointed by the chairman of the meeting, shall act as secretary of the meeting. ..__.___._ I. Order of Business. The order of business at the annual meetings of the members shall be: viing may be adjouriie �jxyand entitled to vote, or r y ad joirun-the, rn etng time or j ace -it shall not i 15� svhaei"tk�e �efin,t aid a°thy need oig,„qal ire tira the 1 : irng at <viri li the joue not present at the of%in� 1. Determination of chairman of the meeting; 2. Calling of the roll and certifying of proxies; 3. Proof of notice of meeting or waiver of notice; 4. Reading and disposal of any unapproved minutes; 5. Reports of directors, officers or committees; 6. Nomination and election of inspectors of election; 7. Determination of number of directors; BYLAWS Page 4 of 14 OR 5057 PG 2865 Election of directors; Unfinished business; 10. New business: and 11. Adjournment. J. Minutes. The minutes of all meetings of the members shall be kept in a book available for inspection by the members or their authorized representatives, and the directors, upon reasonable notice, during reasonable times. The Association shall retain these minutes for a period of not less than seven (7) years. K. Actions Without a Meetine. or special meeting of the members of the notice, and without a vote if a consent irr,wf members having not less than the mipt m such action at a meeting at which a1ij&2116 (10) days after obtaining such autho izhtion who have not consented in 4itin e authorized action. If a Unit islown' by mi such Unit need only be signed by � t m g co-owner pursuant to these Bylan` Any action required or permitted to be taken at any annual ssgaiadon,_nay be taken without a meeting, without prior (r gt�t n oft t}aa action so taken, shall be signed by the timberf voted that ould be necessary to authorize or take entitled to vote tir c n ere present and voted. Within ten ry written consent, n lice .hall be given to those members atic-shalh..,f 1 y sum arizq the material features of the tharrne (1) erson or,, by'8 corporation, the consent for tl ed to Oast the vote for the Unit as a V. DIRECTORS. t A. Membership. T`#rii'ffairs of the Association all�be�irla r gad by a Board of not less than three (3) nor more than five (S) iecioGs. So long as the Deeper.rs'entitied to appoint any director pursuant to the Articles, the numb rfe�tors will be detrrrii,. end may be changed from time to time, by the Developer by written notit , 6 t atd Ar he eloper is no longer entitled to appoint any director, the number of directors may bb crdrtgec(ata r %meting where the members are to elect any directors by the then existing Board, if prior to such meeting of the members the Board votes to change the number of directors and such change is indicated in the notice of the meeting sent to the members, or by the members at the meeting prior to the election of directors. If the number of directors on the Board is not -changed, then the number of directors shall be the same as the number on the Board prior to such meeting (plus any unfilled vacancies created by the death, resignation or removal of a director). In any event there shall always be an odd number of directors. B. Election of Directors by Members. Election of directors to be elected by the members of the Association shall be conducted in the following manner: Within ninety (90) days alter the members other than the Developer are entitled to elect any directors, as provided in the Articles, or within ninety (90) days after the Developer notifies the Association that it waives its right to appoint one or more directors, the Association shall call a special meeting of the members to elect any directors the members are then entitled to elect, or to replace the appropriate number of directors previously appointed by the Developer. Such special meeting may be called and the notice given by any member if the Association fails to do so. At such special meeting the members shall be BYLAWS Page 5 of 14 OR 5057 PG 2866 required to elect any directors which they are entitled to elect, and if they fail to do so any directors appointed by Developer which would have been replaced by any directors elected by the members may resign without further liability or obligation to the Association. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise,. Not less than sixty (60) days before a scheduled election, the Association shall mail, deliver, or electronically transmit, whether by separate Association mailing or included in another Association mailing, delivery, or transmission, including regularly published newsletters, to each Unit Owner entitled to a vote, a first notice of the date of the election. Any Unit Owner or other eligible person desiring to be a candidate for the board must give written notice to the Association not less than forty (40) days before a scheduled election. The Association shall mail, deliver, or electronically transmit a second notice of the election to all -Unit Owners entitled to vote therein, together with a ballot which sba i f I1 c i�ates� Upon request of a candidate, the Association hia �t elb irtfo,r ti ri ire�et, no larger than 8 '/2 by I l inches, which in °trimished by the candia t less than thirty five (35) days before the e efion, to be included with tlr ma ing, delivery or transmission of the ba�l�ot, �,wit���the'cos'ts--af-tatai���g, delit'�ry, tar electronic transmission and copying ta'be liorn`i�� tie Associa�ton. Thy Association is not liable for the contents �f,�e���tftatr�ilsl��p�ar��� the candidates. In order to reduce costs; the3.�s�cia��onimy plr�tE m� d#�pc ;�'th� information sheets on both sides of the pa`�® F ., 2. Exceptovided above, the me hers Iliad el directors at a special meeting of the members.k�� Prior to anyfeljal.,pr annual meeting ate iyefi directors arc to be elected by the members, the e�istiitgard m_ay�rlomnlAtb a committee, which committee shall nominate onef�r(cah';dircc`tor to be elected by the members, on the basis that the number of directors to serve on the Board will not be altered by the members at the members meeting. Nominations for additional directorships created at the meeting shall be made from the floor, and other nominations may be made from the floor. 4. There shall be no quorum requirement; however, at least twenty percent (20%) of the eligible voters must cast a ballot in order to have a valid election of the members of the Board. No Unit Owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid. A Unit Owner who needs assistance in casting the ballot for the reasons stated in Florida Statute 101.051 may obtain assistance in casting the ballot. Each member voting being entitled to cast his or her votes for each of as many nominees as there are vacancies to be filled. There shall be no cumulative voting. C. Tenn of Office. All directors elected by the members shall hold office until the next annual meeting of the members and until their successors are duly elected, or until such director's death, resignation or removal, as hereinafter provided or as otherwise provided by statute or by the Articles. BYLAWS Page 6 of 14 OR 5057 PG 2867 D. Organizational Meeting. The newly elected Board shall meet for the purposes of organization, the election of officers and the transaction of other business immediately after their election or within ten (10) days of the same at such place and time as shall be fixed by the directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary. E. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the directors. No regular meetings of the Board will be required. F. Special Meetings. Special meetings of the Board may be called by any director, or by the president, at any time. G. Notice of Meetings. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the Condominium Property at least forty-eight (48) continuous hours --preceding: the meeting except in an emergency. Any item not included on the notice may be take" q o `ar(eirerTey basis by at least a majority plus -one of the members of the Board. Such errC e y a lion shal �#� (i ed and ratified at the next regular meeting of the boazd. However,,.i r t'rrnotice of any mee hick: (1) nonemergency special Assessments, or (2) amendments to ru7e`s regarding Unit use will be' onsi Bred shall be mailed, delivered. or electronically transmitted to the Unit (( ,veers arrstc��inspicuusly on the Condominium Property not less than fourteen (14) days pn to thee ting A ence of compliance with this fourteen (14) day notice shall be made by an a#fida )Cep 0 r � ' � the, notice and filed among the official records of the Association ; Upon n ti e t th yf w � 4hej Board shall by duly adopted rule designate a specific location:4n.t e of fi rr#Intu )?rd erty o t sso' ,iab6n Property upon which all notices of Board meetings sha( H. Meetings to Adc� , ets and Assessmehtt Ti y ting at which a proposed annual budget of the Association will b nndered by the Board or"". (vmers shall be open to all Unit Owners. At least fourteen (14) da T"to,such a meeting, th and shall hand deliver to each Unit Owner, mail to each Unit Owner at the_add' -1W �s ii' if„tlSe Association by the Unit Owner, or electronically transmit to the location furnrglhe� hi1 `Owner for that purpose a notice of such meeting and a copy of the proposed annual budget. An officer or manager of the Association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement, and such affidavit shall be filed among the official records of the Association. If a Board adopts in any fiscal year an annual budget which requires Assessments against Unit Owners which exceed one hundred fifteen percent (115%) of Assessments for the preceding fiscal year, the Board shall conduct a special meeting of the Unit Owners to consider a substitute budget if the Board receives, within twenty-one (21) days after the adoption of the annual budget, a written request for a special meeting from at least ten percent (10%) of all Voting Interests. The special meeting shall be conducted within sixty (60) days after adoption of the annual budget. At least fourteen (14) days prior to such special meeting, the Board shall hand deliver to each Unit Owner, or mail to each unit owner at the address last furnished to the Association, a notice of the meeting. An officer or manager of the association, or other person providing notice to such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the Association. Unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all Voting Interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board shall take effect as scheduled. BYLAW S Page 7 of 14 OR 5057 PG 2868 Any determination of whether Assessments exceed one hundred fifteen percent (115%) of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Board does not expect to be incurred on a regular or annual basis, or Assessments for betterments to the Condominium Property. If the Developer controls the board, Assessments shall not exceed one hundred fifteen percent (115%) of Assessments for the prior fiscal year unless approved by a majority of all Voting Interests. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance, unless members other than the Developer have determined, by a majority vote at a duly called meeting of the Association, to provide no reserves or less reserves than required by this subsection. However, prior to turnover of control of an Association by the Developer to Unit Owners other than a Developer, the Developer may.yote to waive the reserves or reduce the funding of reserves for the first two (2) fiscal years`ofrtit sodfaipn's.operation, beginning with the fiscal year in which the initial declaration is recordi After-su( ttmeAes' e tray be waived or reduced only upon the vote of a majority of all non dc;v"' r° toting Interests votin i*person or by limited proxy at a duly called meeting of the Associatioq;, I. Quorum and Mai provided in these Bylaws shall co Board. The act of the majority of the act of the Board, unless tho pci or by applicable law. A direc in favor of any action taken, t�l conflict of interest. The vote o�ti recorded in the minutes. x�o'rs'presem-at a meet Os he voted against or *ntion of each direc the directors determined in the manner igi,�af anY+ business at a meeting of the Id hich� a quorum is present shall be s is required by the Declaration, Articles kebio�l* pall be deemed to have voted 4d f�, voting because of an asserted fnf'rich issued voted upon shall be J. Committees. The B , by reso utohc)Ily adopted, appoint committees. Any committee shall have and may exercise subh�o'drs d � 'bit-dfunctions as may be determined by the Board from time to time, which may include any powers which may be exercised by the Board and which are not prohibited by law from being exercised by a committee. K. Resi ation. Any director may resign at any time by giving written notice of his or her resignation to another director -or officer. Any such resignation shall take effect at the time specified therein or, if the time when such resignation is to become effective is not specified therein, immediately upon its receipt, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. L. Removal of Directors. Directors may be removed as follows: Any director other than a director appointed by the Developer may be removed by majority vote of the remaining directors, if such director has been absent for the last three (3) consecutive Board meetings and adjournment- and continuances of such meetings. 2. Any director other than a director appointed by the Developer may be removed with or without cause by a majority of the votes of the members of the BYLAWS Page 8 of 14 OR 5057 PG 2869 Association at a special meeting of the members called by not less than ten percent (10%) of the members of the Association expressly for that purpose. The vacancy on the Board caused by any such removal may be filled by the members at such meeting or, if the members shall fail to fill such vacancy, by the Board, as in the case of any other vacancy on the Board. M. Vacancies. Vacancies in the Board may be filled by a majority vote of the directors then in office, though less than a quorum, or by a sole remaining director, and a director so chosen shall hold office until the next annual election and until his or her successor is duly elected, unless sooner displaced. If there are no directors, then a special election of the members shall be called to, elect the directors. Notwithstanding anything contained herein to the contrary, the Developer at all times shall have the rift -to -appoint the maximum number of directors permitted by the Articles, ar►d'r cne mate Board may be filled by the Developer to the extent tt serving on the Board which were appointed, developer is less thra rn' ber of directors the Developer is then entit`letio'`aonoint. 2. In tho' event the As_s6p' ti fails t6 fill vacancies on the Board sufficient to const tote 4 % aF q, , yla*s; any Owner may apply to the Gircut� Court f the �otm ;?�i tt Lind is located for the appointment of a eceiroNrrtattae he afftrs of tessoa3ain. At least thirty (30) days prior to_ip fij�mm to the ircu7TWdqurt, mail to the Association a notice 1 ibing the intended acf gi Png tlle� dissociation the opportunity to fill they ies. If during such"' 7%Sciation fails to fill the vacancies, the Owii din y proceed with the itio ,.iff a receiver is appointed, the Assoctatio skol l responsible for, the lacy of the receiver, court costs and attorney's fecs,�civexall he all powers and duties of a duly constituted memb t^...6 ythe fBoa t ,wattii shall serve until the Association fills vacancies on the Board su, icfent to constitute a quorum. A director may join by written concurrence in any action taken at a meeting of the Board but such concurrence may not be used for the purposes of creating a quorum. N. Adiourned Meetings. A majority of the directors present at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. O. Presiding Officer. The presiding officer of the Board meetings shall be the chairman of the Board if such an officer is elected and if none, the president of the Association shall preside. In the absence of the presiding officer, the directors shall designate one of their members to preside. P. Order of Business. The order of business at a Board meeting shall be: Calling of roll; BYLAWS Page 9 of 14 OR 5057 PG 2870 2. Proof of due notice of meeting; 3. Reading and disposal of any unapproved minutes; 4. Reports of officers and committees; 5. Election of officers; 6. Unfinished business; New business; and 8. Adjournment Q. Minutes of Meetings The riot a�l� rttgs of the Board shall be kept in a book available for inspection b p y the me mb��a„ the Assoctati�authorized representatives, and the directors, upon reasonable notice, d,,tg rtasonable times. Ttion shall retain these minutes for a period of not less than seven (7,Yyeea-j . R. Directors ADnbinted by the D"gve o e, . Noo�jthstanditng anything contained herein to the contrary, the Developer shall havget%_*A T ��? i t rr a u number of directors in accordance with the privileges granted the Dveloper pusu�t tb�est All directors appointed by the Developer shall serve at the plmOp of thOP e eJoperr a� the ev toper hall have the absolute right, at any time, and in its sole discre i®r to remove any duecf appo�nte r 9jt, and to replace such director with another person to serve o t$oard. Replacement ofiy dieetdr pointed by the Developer shall be made by written instrument fi?ered to any officer a,ti�,ny otfic4rector, which instrument shall specify the name of the person Aeited as successor direc�dr Vie,. remova] of any director and the designation of his or her successorAl,)3eyveloper shall becottt#fective immediately upon delivery of such written instrument by the Develo S. Compensation. The directors shall not beentitledto any compensation for serving as directors unless the members approve such compensation, provided however, the Association may reimburse any director for expenses incurred on behalf of the Association, without approval of the members. T. Powers and Duties. The directors shall have the right to exercise all of the powers and duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. VI. OFFICERS. A. Members and Qualifications. The officers of the Association shall include a president, vice president, treasurer and secretary, all of whom shall be elected by the directors and may be removed from office with or without cause by the directors. Any person may hold two or more offices except that the president shall not also be the secretary. The Board may, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be appropriate to manage the affairs of the Association from time to time. Each officer shall hold office until the meeting of the board following the next annual meeting of the members, or until his or her successor shall have been duly elected and shall BYLAWS Page 10 of 14 OR 5057 PG 2871 have qualified, or until his or her death, or until he shall have resigned, or until he shall have been removed, as provided in these Bylaws. B. Resignation. Any officer may resign at any time by giving written notice of the officer's resignation to any director or officer. Any such resignation shall take effect at the time specified therein, or if there is not time specified therein, immediately upon its receipt and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation effective. C. Vacancies. A vacancy in any office, whether arising from death, resignation, removal or any other cause may be filled for the unexpired portion of the term of such vacant office, in the manner prescribed in these Bylaws for the regular election or appointment of such office. D. The President. The president shall be the chief executive officer of the Association. Tile President shall have all of the powers and duties which are usually vested in the office of president of an Association or corporation including, but not limitW4G,-th�,power to appoint committees from among the members from time to time, as be may III,s ee�m appropriate to assist in the conduct of the affairs of the Association. - E. The Vice President. lie vice president shall, in th absertice or disability of the president, exercise the powers and perf4rn tite iit)ti s of the- presi le t. The, ice Tresident shall also assist the president generally and exerc*�e sue other po ers an perform such other duties as may be prescribed by the directors. F. The Secretary directors and the members, members and directors and of the Association and affix the shall keep the records of the i incident to the office of secr president. reMy itflI1 rdspat and tart' sialt attend"°'t. the s required by law. `lke instruments requirii i3 except those of the ti Association, and__s W,nutes of all proceedings of the u serving of all notices to the )t'all have custody of the seal of err duly executed. The secretary nd shall perform all other duties required by the directors or the G. The Treasurer. The treasurer shall have custody of all property of the Association, including funds, securities, and evidence of indebtedness. The treasurer shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board for examination at reasonable times. The treasurer shall submit a Treasurer's Report to the Board at reasonable intervals and shall perform all other duties incident to the office of treasurer. He or she shall collect all Assessments and shall report to the Board the status of collections as requested. H. Compensation. The officers shall not be entitled to compensation unless the Board specifically votes to compensate them. However, neither this provision, nor the provision that directors will not be compensated unless otherwise determined by the members, shall preclude the Board from employing a director or an officer as an employee of the Association and compensating such employee, nor shall they preclude the Association from contracting with a director for the management of property subject to the jurisdiction of the Association, or for the provision of services to the Association, and in either such event to pay such director a reasonable fee for such management or provision of services. BYLAWS Page 11 of 14 OR 5057 PG 2872 VII. FINANCES AND ASSESSMENTS. A. Assessment Roll. The Association shall maintain an Assessment roll for each Unit, designating the name and current mailing address of the Owner, the amount of each Assessment against such Owner, the dates and amounts in which the Assessments come due, the amounts paid upon the account of the Owner, and the balance due. B. Depositories. The funds of the Association shall be deposited in such banks and depositories as may be determined and approved by appropriate resolutions of the Board from time to time. Funds shall be withdrawn only upon checks and demands for money signed by such officers, directors or other persons as may be designated by the Board. Fidelity bonds as required by the Declaration shall be required of all signatories on any account of the Association. C. Depositing of Payments. All sums collected by the Association from Assessments may be deposited in single fund or divided into more than.ane,fund, as determined by the Board. D. Accounting Records an eI%rts' Tateotir'ion shall maintain accounting records according to good accounting praet ,s-°"The records sh"I pen to inspection by Owners and Institutional Lenders or their a thohe-d representatives, at reaso able dimes. Within ninety (90) days after the end of the fiscal year, or annb"4! on a ate -provide in the lams, the Association shall prepare and complete, or contract for the preparat�ion`did letion'of, a fin ciaf�report for the preceding fiscal 11 1 year. Within twenty-one (2]) days,,t��a alpep &'R cor leted by the Association or received from the third party,; but got dater �h coe "htin�r c n ,�(] 20) days after the end of the fiscal year or other date as providedx i I ' � t e ion shd l r iatl ltopach Unit Owner at the address last furnished to the association', f re —Unit 6v-e6r,"brhod d 'v& tb peach Unit Owner, a copy of the financial report or a notice tha'ty of the financial rep,will e ragJlep or hand delivered to the Unit Owner, without charge, upon recelp,of a written request-Ij, tihe: n t,,,,Owner. The Association shall prepare an annual report of cash r�d disbursements. A report of cash receipts and dill ibr�i mns fi cltigAe amount of receipts by accounts and recei t classification in the amount of ex ins p p ascot t-' expense classifications including, but not limited to, the following, as applicable: taxes, insurance costs, building maintenance and repair, expenses for lawn care, expenses for refuse collection and utility services, security, professional and management fees and expenses, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance and any other category which the Association maintains reserves. E. Reserves. Subject to the Developer's right to waive reserves for the first two (2) years of operation, the budget of the Association shall provide for a reserve fund for the periodic maintenance, repair and replacement of the Common Elements and other property which the Association is obligated to maintain (if any). VIII. PARLIAMENTARY RULES. Roberts Rules of Order (latest Edition) shall govern the conduct of the Association meetings when not in conflict with the Declaration, Articles or these Bylaws. EK. AMENDMENTS. Except as otherwise provided, these Bylaws may be amended in the following manner: A. Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to be considered. BYLAWS Page 12 of 14 OR 5057 PG 2873 B. Initiation. A resolution to amend these Bylaws may be proposed either by any director, or by or at the direction of members holding hventy-five percent (25%) or more of the votes of the Association. C. Adoption ofAmendments. 1. A resolution for the adoption of the proposed amendment shall be adopted by not less than a majority of the votes of the entire membership of the Association. 2. Notwithstanding the foregoing, these Bylaws may be amended solely by the Board, upon the unanimous vote of the directors and without the vote or approval of the members, if the purpose of such amendment is solely to conform these Bylaws to the provisions of any applicable state statute including any amendment to any statute hereafter-adopted.,..A 3. Notwithstandtn atng" cotttat AS ir► to the contrary, so long as the Develope-'s- 60tled to appoint a majot:of the directors, the Developer shall i to unilaterally amend these ]aw without the joinder or approval have they=rig of the Board'or zpe�berh--ant-ss.lgnas the evcloper owns any Unit for sale in course o busitte s, no ailtendmectt to these Bylaws shall be effective the ordinary without thivVd-f�h,6iii l nv fbnei•'_ D. After turnov r.«of,,'roktrqj;? f tip" As'socl tion t m mliers, $ther than the Developer, no amendment shall make any ah a es'] the qaalilicAbl or member§1 'tior in the Voting Interests of members without approval by AV;f the members and the j ipder 6f ah,4#brd owners of mortgages upon the Units. No amendment shall bt, that is in conflich tharation or the Articles. Prior to the closing of the sale of all Umt§11Aky*endment shall make an )thn es which would in any way affect any of the rights, privileges, power or,, ops herein provided r favor of or reserved to, the Developer, unless the Developer shall join in the ex�cut�'04he amgiiritaritF'" E. These bylaws shall not be revised or amended by reference to title or number only. Proposals to amend these bylaws shall contain the full text of the bylaws to be amended. New words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather that assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of bylaw. See bylaw for present text'. F. Execution and Recordinta. No modification of, or amendment to, the Bylaws, shall be valid until recorded in the pubic records of the county in which the Condominium is located. X. MISCELLANEOUS. A. Tenses and Genders. The use of any gender or any tenses in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires. BYLAWS Page 13 of 14 OR 5057 PG 2874 B. Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, the remaining provisions shall, nevertheless, be and remain in full force and effect. C. Conflicts. In the event of any conflict, the Declaration, the Articles and these Bylaws shall govern, in that order. D. Captions. Captions are inserted herein only as a matter of convenience and for reference, and in no way are intended to or shall define, limit or describe the scope of these Bylaws or the intent of any provision hereof. E. Waiver of Objections. The failure of the Board or any officers of the Association to comply with any terms and provisions of the Declaration, the Articles, or these Bylaws which relate to time limitations shall not, in and of itself, invalidate the act done or performed. Any such failure shall be waived if it is not objected to by a member of the Association within ten (10) days after the member is notified, or becomes aware, of the failure. Furthermore, if such failure occurs at a general or special meeting, the failure shall be waived as to 4Urnrw es ived notice of the meeting or appeared and failed to object to such failure at the The foregoing was adopt d the Bylaws of the Associaian arts day of �UC1Q� 2014. 'n C , Secretary BYLAWS Page 14 of 14 OR 5057 PG 2875 EXHIBIT "E" SUBSEQUENT PHASES 11, 111, IV AND V OR 5057 PG 2876 Stantec LEGAL DESCRIPTION OF PART OF TRACT -3-, CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA. CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM SUBSEQUENT PHASE II ALL THAT PART OF TRACT "3", ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLYMOST CORNER OF SAID TRACT'3'; THENCE ALONG THE BOUNDARY OF SAID TRACT'3-, IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. 39.35 FEET ALONG THE ARC OF A..CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 25.00 FEET THROUGF 1Ef�'i RAL ANC?LE OF 90.10'20- AND BEING SUBTENDED BY A CHORD WHI RS NOM- I 'EAST 35.41 FEET- 2 SOUTH 89'49'40" EAST 23,63 ftE'f; . 3. SOUTH 88'33'19" EAST 92j 15 FEET; 4. SOUTH 89'49'40" EAST 1 89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAIQ(Bf$ONDARY'OF TRACT -3-, IN THE FOLLOWING NINE (9) DESCRIBED COURSES: 'U',m 1. SOUTH 89'49'40')EAS 2X43,FEETl< 2 NORTH 00'10'20" EA'000 FEET 3. SOUTH 89'49'40" EAStt 6Q.00 FEET; 4. SOUTH 00*10'20"WE 30.00 FEE 5. SOUTH 89'49'40' W f1,02 FEET-- ` 6, NORTH 89'12'58"T 2.00 FEET; . ) 7. SOUTH 01'09'43' Au�"460.03 FEET; 8. SOUTH 88'50'17' 05.00 FEET; at 9. SOUTH 01'0943" EA . 32A4 FEET; THENCE LEAVING SAID BOU RY, )F,TRACT -3-, NORTH 9(1 00' WEST64.42 FEET; THENCE NORTH 01'06'23' WES 418,84 rEEET -- 4 •' THENCE 15.85 FEET ALONG THE ARC Of7GIRi;t7CACLRNCAVE EAST HAVING A CE RADIUS OF 20.00 FEET THROUGH A ii"L"ANQLE bF 45 25'10` AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 21'36'12" EAST 15.44FEET, THENCE NORTH 44*1 8'4T'EAST 19.71 FEET; THENCE NORTH 01'06'23'WEST 149.28 FEET TO THE POINT OF BEGINNING; CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID TRACT -3-, BEING NORTH 00`00'00' EAST CERTIFICATE OF AUTHORIZATION #LB-7866 STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS C* By: Date: April 21, 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1015 sheet 2 OR 5057 PG 2877 S t a n t e c LEGAL DESCRIPTION OF PART OF TRACT'3% CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-85, COLLIER COUNTY, FLORIDA. CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM SUBSEQUENT PHASE III ALL THAT PART OF TRACT "3", ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLYMOST CORNER OF SAID TRACT'3'; THENCE ALONG THE BOUNDARY OF SAID TRACT-3-, IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. 39.35 FEET ALONG THE ARC OF A..CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A OUG RADIUS OF 25.00 FEET THRI , . IN$CLE OF 90°10'20"AND BEING SUBTENDED BY A CHORp WHICH"�ARS N6RTkl4�JG ''V" EAST 35.41 FEET, 2. SOUTH 89'49'40" EAST 2"3 FEE"t; 3. SOUTH 88'33'19" EAST?2 ;I5 FEET; 4. SOUTH 89'49'40" EAST 1�d02 FEET' 5. NORTH 00'10'20" EAST 30 .FEET; 6. SOUTH 89'49'40 T60 EASC 11=E 7. SOUTH 00'10'20'T WEST 30 00 FE ` 8. SOUTH 89.49'40' EA 02J 7=Tf, 9. NORTH 89.12'58'' EA 2 00 F ( �� 10. SOUTH 01.09'43! EA 1$0.0 EE�T; ) , 11. SOUTH 88'S0'17(JVJrtJI3 F I .„ „• •- 12. SOUTH 01'09'43 k�S`� 132.44 FEET TO THE 001NT OF IB G; THENCE CONTINUE ALA, AID BOUNDARY OF TRA,T'3' ICI T14E+ LOWING TWO (2) DESCRIBED COURSES:j� , 1. SOUTH 01 09'43" i' Ob 50 FEET; 2. SOUTH 88'50'17" WE 8 .11 FEET; x,,�, THENCE LEAVING SAID LIN THEASTERLY30,0"Ei 61G THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST AVING A RAD[U Q 20:00 FEET THROUGH A CENTRAL ANGLE OF 88'19'53" AND BEING SUBTENDED N [ORD WHICH BEARS NORTH 43'0333' EAST27.87 FEET;`m THENCE NORTH 01'05'23' WEST 281.83 FEET; THENCE NORTH 90'00'00' EAST 64.42 FEET TO THE POINT OF BEGINNING; CONTAINING 0.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID TRACT'3% BEING NORTH 00'00100" EAST CERTIFICATE OF AUTHORIZATION #LB-7866 STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS C* BY: DATE: APRIL 21, 2014 Lance T Miller, Professlonal Surveyor and Mapper #LS5627 Ref. 2L-1015 Sheet 2. OR 5057 PG 2878 N. Stantec LEGAL DESCRIPTION ALL THATPART OF TRACT "5" CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM (SUBSEQUENT PHASE IV) ALL OF PART OF TRACT "5" ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA THE NORTHEASTLYMOST_GORNER OF SAID TRACT "5"; THENCE ALONG THE BOUNDARY OF"S�a TF �, B' SOUTH 00'00'00' WEST 281.30 FEET; , THENCE LEAVING SAID B 90'00'00" WEST 172.36 FEET; THENCE 78.27 FEET ALONG tkt ARC, OF A CIRCULAR CVE6ONCAVE SOUTHEAST HAVING A RADIUS OF 50.00 Ftf'T THROUGH A CENTRAL ANGLE OF 89'41'08" AND BEING SUBTENDED BY A CHORCi" H BEARS SOUTH 45°0926"WEST 70.52 FEET; THENCE SOUTH 00°18'52"WEST 1461ET THENCE 78.54 FEET ALONG THE ARC ' l 0� LAP l 2 'E CONCAVE NORTHEAST HAVING A RADIUS OF 50.oq FEET THROUGI CENfiRA A JG E OF 90'00'00" AND BEING SUBTENDED B� ,?VAkORD WHICH BEA S' OUT °41,08" f=AST 70.71 FEET; THENCE SOUTH 89°41* "EAST 173.44 FEET TO' 01 ON TFOUNDARY OF SAID TRACT *5"; THENCE ALONG SAID B6 6ARY, SOUTH 00°00't50 ; EST ,—,,FEET; THENCE LEAVING SAID 8 �4 kDARY OF SAID TRACT` ,,of 1TN`90'00'00" WEST 565.33 FEET TO A POINT ON THE UNDARY OF SAID TRACT, THENCE ALONG THE BOUNDAF221bFAlC2�1C ,1 It FOLLOWING TEN (10) DESCRIBED COURSES: 1 cl 1) NORTH 05°35'39" WEST 544.05 FEAT; - _mom=T 2) NORTH 30°09'54" EAST 21.17 FEET; 3) SOUTH 89-49-40" EAST 33.52 FEET; 4) NORTH DO.10-20" EAST 23.75 FEET; 5) SOUTH 89-49-40" EAST 201.64 FEET; 6) SOUTH 05'46'50" EAST 2.01 FEET; 7) SOUTH 89-49-40" EAST 50.83 FEET; 8) SOUTH 75-55-39" EAST 49.95 FEET; 9) SOUTH 89-49-40" EAST 248.08 FEET; 10) 39.19 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 89'49AO" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°54'50" EAST 35.30 FEET TO THE POINT OF BEGINNING. CONTAINING 6.58 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF TRACT -5-, BEING NORTH 05'35'39` W EST OR 5057 PG 2879 O� Stantec CERTIFICATE OF AUTHORIZATION #LB-7866 STANTEC CONSULTING SERVICES, INC. REGISTERED ENGINEERS AND LAND SURVEYORS By: Date: MAY 20, 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1015, SH 2 *** OR 5057 PG 2880 *** Stantec BEGINNING AT SOUTHWEST THENCE ALONG THE BOUNE DESCRIBED COURSES 1) NORTH 50"22'37" EAST 70.' 2) NORTH 84"49'45" EAST 37. 3) SOUTH 85°42'22" EAST 34., 4) NORTH 00-06-11" EAST 12" 5) EAST 170.69 FEET; ' { 6) SOUTH 10.31 FEET; 7)13.64 FEET ALONG HE HAVING A RADIUS OF BEING SUBTENDED BYE 8) NORTH 87'13'30" 30.83 FEET ALONG THE Aft A RADIUS OF 20.00 FEET THE SUBTENDED BY A CHORD Wl THENCE SOUTH 01 °06'23" EA PART OF TRACT "2" AND TRACT'4", PART OF TRACT "P-1" AND PART OF TRACT "6" CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, COLLIER COUNTY, FLORIDA. CREEKSIDE EAST LAND CONDOMINIUM, A LAND CONDOMINIUM (SUBSEQUENT PARCEL V) PART OF TRACT "2", TRACT "4", TRACT "P-1"AND PART OF TRACT "6" ACCORDING TO THE PLAT OF CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84-86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "3" aea FOLLOWING EIGHT (8) ORTHEAST 3°04'08" AND kST 12.19 FEET; NORTHWEST HAVING 3'53" AND BEING ' 27.67 FEET; EAST BOUNDARY OF SAID TRACT "2"; 7TI I, THENCE ALONG SAID BOUNDARY 41ETHE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 59'31'58"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30"55'41" EAST 39.72 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 01°09'43" EAST 157.29 FEET; THENCE SOUTH 88"53'37" WEST 390.29 FEET; THENCE NORTH 179.74 FEET TO THE POINT OF BEGINNING. D WHICH BEARS SQ1 FEET; "(A A CIRCULAR CUR� UGH A CENTRAL ANG :. 'REARS NORTH 43" CONTAINING A TOTAL OF 1.97 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Bearings are based on the west line of Tract'5', being North 05'35'39" West Certificate of authorization #LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By Date: May 20, 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Ref. 2L-1015, SH 2 DEDICATIONS/RESERVATIONS CREEKSIDE COMMERCE PARK EAST A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ,. U „uc+macr fa' ('wsms� o� wuuvc�wosusn +s smm,z wroanms xmexmm,..w�_s,a_ ' ' � ai , xrccax wm, xszroxsewrc sax xunsw,cc XMP,: pESCRIPTION e�ury we c)w�iws`u`.ruxrtw�t�uszucx��uEPopmmw�roaoxzo-mr rwsuux swscs. �.n� _ ,z Nsl wnwu, xsvamevn sax uw,rtxu,x. w. y „w, a cauxn un�urorc rznxxo„s .cut F.l�mx raeaacz rw,m u�o/ax w.asnww,m wrox{z)�wsm wx ixcx¢z u,o mu[ss oxrsRxxut .wPawmrt. , .wu wnx xo xmroxsisxm roa uuxrtxucs ors Km� s mrm[ u, /oa wss,swn,m smCF{s rovxRN21 msxms x N o,`ww"x,zrciawsirares"rsui`ms'sEwn�wmsorvsia�im,wroPzmoawawsrnuaux s. uorirz ro worn cwxrc, msvnxcia uas mmmia vxumo wu wm,wrff xrnaxso-wrc mx urvrtwxw. xcl ro lZa n en w ixr m xi MEMO V �IS LOCATION MAP 1}AR COUryT a wsr ,ws or iuxwu G� 1' w wrn en.ss rts*. •s 0 9,f0 Oop n o..xan,m rox�c u,xm n wu xc Mr CORPORATE ACKNOWLEDGMENT �xox wx, roa`m . xw. I..�wRax PLAT BOOK 54 PAGE $4 SHEET 1 OF 3 COUNTY APPROVALS al GENERAL NOTES: , .. �sa,x u usr m - �rs� "o�c,�XOax,�r x xax a. aax,ax CREEKSIDE COMMERCE PARK EAST A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AG FI FRANK ROAD GOODLET 50) D00G f+_ (PlA T OFPWPT 1l/�1 s r ------------ ----------- wr �- Ll za a, TRACT "4H" aaa.Nw IgMi g: ( E.., MD CPE., D.E.. PRUE.,.U.E.) uo cua. >qIC " ��"' I TRACT "5" I6 PART OF SECTION 27 N O T P L A T T E D c¢ �� (FUTURE COMMERCIAL) TRACT E"4DA" P(U.E WAND C U EE) I ( 1 I (-I A.E., I.E. c L.N.E) COUA,TF � � I VI� LVliR N 1 tis d O $ M z TRACTCRE 'ry 0.E BOULEVARD AE4oe <.......E. �'�--,) TRACT "P-1" a0000 °yTIE— iLBEE(Bfr —:odoo ---_----- " C) _ Y J P ) ° n n _ p �,PxpEavA�no usEu x END � I y m _�, TRACT "3" e Z EN "\ (URE COMMERCIAL)) E8 �z "R TRACT "2" (uxc PE, E. s L.-) I _-- 1 TRACT "P_p2" fr TRACT _ � 9 PART OF SECTION 26 "sr uxa a aE a mm� � mEE�E E©RS•�Yi'iEE� mE'ST•4•SLi� EOER'Y�SFS3® m["S'4'L:EE� EDER4SIY!33E� mER'T'Y'A.IE� P,�E® mF^E'Y'LiE� mFrL[m1 ® mRa^�� m10'ESfBi® xR'S'.� RaT4�4'G3� mE!tFiffiYim �I�ZL53EEE� mF S'Gffi£'Im F_}•RT53� m�.!.sBrEE� • � • ©asaE�•xnn. mERTa�c3EEti•>• mE^T.•YyYiEEffES� m• ERfCfFR3EE(fi•>• mF''ZI�.^JEE® E"'4RTL^IE� mET44fYf:^IEE® mFzms � E�s�� ®L"df44iS, � �1!I•}4RYLi^I® IRSRfi3® ml't'TT55'J' � F�4Rf4cS3� ml'6Pi:^E® mETFLiR3� mL^"M+M1]E� mF'iT+Yt:^l� ®6FFi3fYlE� ®1^T'Y'1"1� E5F11'RfEAiii CRffiR3� ®E'Tii-IDL3� oE¢rc�'rs EEC ®� mr�s^E� mE'R¢IP53EEbA1 mERZT9EE� mEmarzrn mEmaz�¢Ec3EE® mE•..• � •3EEEFSI P.O.C. IX1 RI, —L1 � W uER COVMY, hoPoM. 4 CREEKSIDE COMMERCE PARK EAST SHEETBO3 OF PAGE A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 5 I TRACT "5" (FUTURE COMMERCIAL) I cu.E —J G I. UE — Msnxxr r — ��—_—LO'Pu.e. -- 11L----------- I I L - - - TRACT "4" CREEKSIDE BOULEVARD EAST T _ — (Row., AE.. °. — E., P.u.E, allo c.U.E) — o o n I z e"` U'_'`e' e G°R�CiMN""AFol" 5 s i s, .• 5�v" r- CO n m w� awxa, Fib ED y o L�4iyy TRACT"3 (FUTURE COMMERCIAL) E Z -^� — sNm sir x R. C. � I I f s TRACT" 2" I (W(E. AE., D.E..& L.M.E.) P,FO OOp �Ii �.' F]TOCIAGJ(� � m I TRACT "P-1" lasxssmc .wu rvm umort _______E uuvurxr ox. mo°iil�. w<c I,v ___ I ______—_— .*il �alz --T�CT"" ---sv NON —Ers I.R E5 TRACT P-µ[ TRACT P R. . PAGE rv—Rnil9w—Ovs—On_xU_------� aF. c sERVAnox u[uU xl• I _ _ PART OF SECTION 26 WE axw I'I""E" onssoxu. xEx* ux Ru* moK xe. RncEs sx-s, " RSHOW LINE DATA LINE DATA LINE DATA LINE DATA SHEET TO EASEMENT ANNOTATION ob Creekside Commerce Park PUD Location Map ... � �- ' Immokale`e .. tp. a Ui 41 m j.�.s..' F 7 It ` r Ar kside BLVD x iT * . V. a1 o- r z_ Legend - Creekside PUD © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects 310 155 0 0 N W + E S 310 Feet Environmental Supplement For Collier County Zoning Application CREEKSIDE MAY 2020 Prepared by: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE NAPLEs, FL 34104 Creekside Environmental Supplement May 15, 2020 1.0 INTRODUCTION The Creekside project site is located in north eastern Collier County, in the south east corner of the intersection of Goodlette-Frank Road and Immokalee Road (CR 846), approximately 3/4 of a mile east of US 41. The project boundary is located within Section 27, Township 48 South, Range 25 East, Collier County, Florida. The project is bordered on the south by the North Collier Reclamation Facility and Pelican Marsh PUD, on the west by the Naples Daily News facility, on the north by Immokalee Road and the North Collier Health Park, and the east by additional medical services facilities. Access to the project is via Goodlette-Frank Road along the western boundary of the property. A general location map is provided in the included exhibits. The proposed project is part of an existing commercial development that is bisected by Goodlette- Frank Road. The project has been developed predominantly on the west side of Goodlette-Frank Road with the majority of this side developed or cleared for future development. Businesses currently present on the site west of Goodlette-Frank Road (Creekside Commerce Park West Units One and Two) include: A gas station/convenience store, a bank, a U.S. Post Office, Arthrex Corporation, Creekside Medical Center, as well as a few other businesses. The vacant properties west of Goodlette-Frank Road have been cleared for future construction and three of the parcels have been constructed with medical and assisted living facilities. Also present are existing preserves, a drainage canal, and assorted stormwater management features. The southeast portion of the project site is an existing self -storage facility. The current PUD site is approximately 106 acres. It was 108 acres originally but was reduced in the past when approximately 2 acres was taken out of this CPUD and placed into the adjacent CPUD to the west. The majority of the site has been developed according to prior development approvals. The minimum native habitat requirements would have been based on the native habitats present at the time of the original development approvals. Historical aerials were examined in order to determine the native habitat components that were present prior to the development. The majority of the eastern portion of the site was composed of agricultural fields and the old Regency Packing house. (See enclosed native vegetation map). The western portion of the site was forested and composed of predominately native habitats. Based on a review of 1995 aerials of the site it was estimated that there were 40.93 acres of native habitats present prior to the original PUD approval. The Collier County Land Development Code requires preservation of at least 15% of this which would equate to 6.14 acres. However, a February 2008 Environmental Impact Statement (EIS) produced by Johnson Engineering stated that a minimum preserve requirement of 7.00 acres had been outlined in the prior CPUD approvals. County Staff have stated in prior reviews that 7.00 acres will remain the minimum preserve requirement. The current proposal will impact approximately 1.87 acres of the existing 7.00 acres of platted preserves to allow for the expansion of one of the commercial parcels and reconfiguration of the stormwater management system. Should the project modification be approved, the remaining preserve area within the PUD boundary will be 5.13 acres. The applicant is proposing to provide a minimum of 1.87 acres of required preserve through an off -site source. This environmental summary is for the property on the east side of Goodlette-Frank Road. This parcel is approximately 28.9 acres in size and currently has three facilities already constructed. Page 1 of 16 Creekside Environmental Supplement May 15, 2020 The amendment is being proposes to alter the site plan to allow for the expansion of the buildable area associated with this project. Requirements for stormwater management, parking, emergency access and traffic flow result in one of the remaining buildable areas being too small to accommodate potential businesses that may want to settle here. The information contained in this report is focused primarily on the modification to the native habitat and development areas proposed on the east side of Goodlette-Frank Road. This document provides information concerning the proposed project site as it relates to natural resources and environmental issues. It is submitted to Collier County in support of a zoning request made by the applicant. Page 2 of 16 Creekside Environmental Supplement Mav 15, 2020 2. EXISTING CONDITIONS (Pre -Development) 2.1 VEGETATION ASSOCIATIONS The existing habitat types (based on FLUCFCS codes) are shown in Table 1 below and Exhibit 2 (FLUCFCS Map). Of the total 28.92 acres contained within the Creekside East property boundary, 8 1 % classify as uplands (23.42 ac.) and 8% classify as wetlands (2.30 ac.). The majority of the property is relatively free of noxious exotic vegetation though a few species are present including melaleuca, Brazilian pepper and earleaf acacia. Table 1- FLUCFCS Codes & Acreages Wetland Habitat FLUCCS Code Acreage Mixed Wetland Forest 630 2.30 Other Surface Waters FLUCCS Code Acreage Drainage Canal 510 0.49 Stormwater Pond 534 3.06 Upland Habitat FLUCCS Code Acreage Commercial Services under Construction 140 6.57 Medical and Healthcare 174 7.19 Open Land 190 2.30 Urban Land in Transition 193 1.78 Pine Flatwood 411 1.59 Pine — Mesic Oak 414 1.06 Disturbed Land 743 0.17 Road and Highway 814 2.41 28.92 A list of plant species observed within each native habitat type is found below. Table 2- Typical Plant species by Habitat 411 — Pine Flatwoods, 1.59 acres 5% of site Melaleuca Melaleuca quinquenervia C, M Rare Slash Pine Pinus elliottii C, M Dominant Cabbage Palm Sabal palmetto C, M Occasional Page 3 of 16 Creekside Environmental Supplement May 15, 2020 Earleaf Acacia Acacia auriculiformis C, M Occasional Brazilian Pepper Schinus terebinthifolia C, M & G Rare Saw Palmetto Serenoa repens M & G Rare Myrsine Myrsine guianensis M & G Common Wax Myrtle Myrica cerifera M & G Occasional Java Plum Syzgium cumini M Rare Greenbriar Smilax spp. V Occasional Grapevine Vitis rotundifolia V Occasional Poison Ivy Toxicodendron radicans V Common 414 — Pine — Mesic Oak, 1.06 acres 4% of site Slash Pine Pinus elliottii C, M Common Laurel Oak Quercus laurifolia C, M Common Cabbage Palm Sabal palmetto C, M Occasional Earleaf Acacia Acacia auriculiformis C, M Occasional Brazilian Pepper Schinus terebinthifolia C, M & G Rare Myrsine Myrsine guianensis M & G Common Wax Myrtle Myrica cerifera M & G Occasional Greenbriar Smilax spp. V Occasional Grapevine Vitis rotundifolia V Occasional Poison Ivy Toxicodendron radicans V Common 630 — Mixed Wetland Forest, 2.30 acres 8 % of site Cypress Taxodium distichum C & M Occasional Slash Pine Pinus elliottii C Common Carolina Willow Salix caroliniana M Occasional Cabbage Palm Sabal palmetto C, M & G Common Wax Myrtle Myrica cerifera M & G Occasional Pond Apple Annona glabra M Rare St. John's Wort Hypericum fasciculatum G Occasional Virginia Chain Fern Woodwardia virginica G Occasional Swamp Fern Blechnum serrulatum G Dominant Sawgrass Cladium jamaicense G Occasional Blue Maidencane Amphicarpum muhlenbergianum G Occasional Beakrush Rhynchospora filifolia G Occasional Camphorweed Pluchea baccharis G Occasional Thoroughwort Eupatorium mikanioides G Occasional Saltbush Baccharis halimifolia G Occasional C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species Page 4 of 16 Creekside Environmental Supplement May 15, 2020 2.2 WETLANDS & OTHER SURFACE WATERS Qualified Turrell, Hall & Associates, Inc. environmental staff inspected the project lands for the purpose of delineating wetlands and other surface waters. The wetland delineation methodologies and criteria set forth by the state (in Chapter 62-340, FAC, Delineation of the Landward Extent of Wetlands and Surface Waters) and the US Army Corps of Engineers (in the 1987 Corps of Engineers Wetlands Delineation Manual) were followed in determining whether an area classified as a wetland or other surface water and in delineating the limits (boundaries) of potential jurisdictional wetlands and other surface waters. 2.2.1 Wetland Seasonal High Water Table & Hydroperiod The hydrologic regime on these properties is extremely altered from historical levels and patterns by surrounding urban uses. Water from adjacent properties (storage facility and waste water treatment plant) runs onto the eastern site and flows through the wetland into the drainage canal along the eastern boundary. From there it flows north under Immokalee Road and into the Cocohatchee River. The isolated wetland area is in relatively good shape with respect to exotic vegetation but is isolated by commercial development to the point where minimal wildlife utilization occurs. With the site lying between development and major roadways, this wetland habitat does not maintain the normal hydrology that was historically present due to manipulation of surficial flows from the surrounding developments. 2.2.2 Jurisdictional Status of Wetlands & Other Surface Waters The Creekside wetland lines were established during the original permitting of the property and are assumed to be jurisdictional with the Federal permitting agencies per their delineation guidelines. The South Florida Water Management District identified the eastern wetland area as impacted during the previous permitting efforts and did not require any conservation easement to be placed on it. They treated the area as a part of the surface water management system for the property. The other surface waters on the site include the ponds and the ditch and swale system that currently transport water through the center of the western property and along the eastern boundary of the east property north under Immokalee Road. This system will be modified under the current proposal with a portion of the ponds being filled in and new areas constructed or expanded within the project boundaries. Likewise, the ditch and swale system on the eastern side will be modified to accommodate the revised parcel boundary. 2.3 LISTED PLANT & ANIMAL SPECIES A survey for listed animal and plant species has been conducted on the project lands by Turrell, Hall & Associates biologists. This threatened and endangered species survey and its results are discussed in the attached Listed Species Summary Report. The Listed Species summary describes Page 5 of 16 Creekside Environmental Supplement May 15, 2020 the approximate locations where listed animal species were observed on and near the project lands during the course of the referenced survey. The majority of listed animal species observed were either flying over the project lands or observed on adjacent lands. During the survey events white ibis (Eudocimus albus) and several hawks flew over the site, while snowy egret (Egretta thula) and white ibis were seen adjacent to this property. A tri-colored heron (Egretta tricolor) was observed foraging along the lake bank. None of the listed species observed, reside on or nest on the project lands. Due to isolation and degradation of foraging habitat, it is apparent that this site offers only minimal value to local wildlife. The two major roadways on the north and west boundaries of the site as well as the development in all directions have isolated this property and made travel to it by terrestrial wildlife both difficult and dangerous. 2.4 HISTORICAL/ ARCHAEOLOGICAL RESOURCES The Florida Master Site File (MSF) is a database of the known historic and archaeological sites in the state of Florida. The MSF office was contacted during the initial permitting of the site and indicated that no recorded archaeological sites exist on the subject property or in close proximity. If a suspected archaeological or historical artifact is discovered during the course of site development activities (construction, clearing, etc.), the development activities at the specific site will be immediately halted and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action. 2.5 SOILS Based on the National Resource Conservation Service (MRCS) "Soil Survey of Collier County Area, Florida" (NRCS, 1998) there are five (5) different soil types (soil map units) present on the project lands. The attached exhibit provides a soils map for the project area as derived from the NRCS mapping. The following sub -sections provide a brief description of each soil map unit identified on the project lands. Information is provided about the soil's landscape position (i.e. it's typical location in the landscape on a county -wide basis), the soil's profile (i.e. textural composition and thickness or depth range of the layers or horizons commonly present in the soil), and the soil's drainage and hydrologic characteristics. The soils occurring on project lands are as follows: (7) Immokalee Fine Sand (non-hydric) Landscape position — Flatwoods. Soil profile — Surface layer to a depth of about 6 inches consists of black fine sand. Subsurface layer to depth of about 35 inches consist of light gray fine sand. Subsoil layers below this to a depth of 58 inches consist of fine sand. Below these layers the subsoil is pale brown fine sand to a depth of about 80 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is within a depth of 6 to 18 inches for 1 to 6 months and can recede to a Page 6 of 16 Creekside Environmental Supplement May 15, 2020 depth of more than 40 inches during extended dry periods. Hydrologic group is B/D. (8) Myakka Fine Sand (non-hydric) Landscape position — Flatwoods. Soil profile — Surface layer to a depth of about 7 inches consists of dark grey fine sand. Subsurface layer to depth of about 27 inches consist of light gray to light brown fine sand. Subsoil layers below this to a depth of 48 inches consist of black fine sand. Below these layers the subsoil is yellowish brown fine sand to a depth of about 80 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is within a depth of 6 to 18 inches for 1 to 6 months and can recede to a depth of more than 40 inches during extended dry periods. Hydrologic group is B/D. (17) Basinger Fine Sand (hydric) Landscape position — Sloughs and poorly defined drainageways. Soil profile — Surface layer to a depth of about 3 inches consists of dark grayish brown fine sand. Subsurface layer to depth of about 25 inches consist of light gray fine sand. Subsurface layers below this to a depth of 44 inches consist of brown fine sand. Limestone bedrock begins at a depth of about 80 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is rapid. The seasonal high water table (apparent) is within a depth of 12 inches for 3 to 6 months and can recede to a depth of more than 40 inches during extended dry periods. Hydrologic group is B/D. (20) Ft. Drum and Malabar High Fine Sands (non-hydric) Landscape position — Ridges along sloughs. Soil profile — The surface layer is typically a very dark grayish brown fine sand about 5 inches thick. The subsurface is fine sand to a depth of about 20 inches. The subsoil is light brownish gray fine sand to a depth of about 80 inches. Limestone bedrock is at a depth of around 30 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is rapid for Ft. Drum to slow for Malabar. Under natural conditions, the seasonal high water table (apparent) is set at a depth of 6 to 18 inches for 1 to 6 months during most years. During the other months, the water table is below a depth of 18 inches, and it recedes to a depth of more than 40 inches during extended dry periods. Hydrologic group is C. (39) Satellite Fine Sand (non-hydric) Landscape position — Low coastal ridges. Soil profile — Surface layer to a depth of about 3 inches consists of gray fine sand. Subsurface layers below this to a depth of 80 inches consist of light gray to white fine sand. Limestone bedrock begins at a depth of about 55 inches. Drainage/Hydrologic characteristics — Well drained. Permeability is very rapid. The seasonal high Page 7 of 16 Creekside Environmental Supplement May 15, 2020 water table (apparent) is within a depth of 24 to 42 inches for 1 to 6 months and can recede to a depth of more than 42 inches during the rest of the year. Hydrologic group is C. Page 8 of 16 Creekside Environmental Supplement Mav 15, 2020 3. PROPOSED CONDITIONS (Post -Development) 3.1 PROPOSED PROJECT The proposed project is to modify some of the individual parcel boundaries to allow for modified buildings and uses. The proposed modifications will also impact existing native habitat as outlined in this report. The enclosed exhibits illustrate the development and preserve areas that currently exist and that proposed changes that would result following this amendment. A commercial and/or industrial development will be required to preserve 15% of the native vegetation that was present at the time of the original approvals. County staff have indicated that this equates to 7.00 acres based on past CPUD approval. The proposed project will impact approximately 1.87 acres of the existing native habitat preserve on the site. The proposed impacts include about 1.18 acres of wetlands and 0.69 acre of uplands. The preserve area has been degraded by isolation and hydrological impacts. The enclosed exhibits illustrate the areas that will be impacted and created by the proposed development changes. The proposed project modifications will result in the loss of existing on -site native habitat. Should the project modification be approved, the remaining native preserve area within the PUD boundary will be 5.13 acres. The applicant has committed to providing a minimum of 1.87 acres of native preserve through an off -site source. 3.2 PROJECT IMPACTS TO WETLANDS 3.2.1 Direct, Permanent Impacts Changes proposed to the project will result in wetland impacts. However, the wetlands that will be impacted have already been deemed impacted by the SFWMD during the original permitting efforts on the project site. The condition and status of the wetlands as well as their use as a stormwater conveyance from properties to the south, made it difficult to preserve them in a viable condition once the development was permitted so the SFWMD included this area in the original impact calculations. However, because the Corps did not account for these impacts in previous permitting, mitigation for these impacts will be provided under the current USACE permit. The project will result in direct, permanent impacts to a total of 1.18 acres of wetland area. As used herein, the term "direct impacts" refers to actions that will result in the complete elimination of jurisdictional areas (i.e. excavation and fill). The wetland area to be impacted was assessed utilizing the UMAM assessment methodology and has a value of 0.40 functional units per acre. Therefore, the project will require 0.47 wetland credits to compensate for the proposed impacts. Page 9 of 16 Creekside Environmental Supplement May 15, 2020 3.2.2 Temporary Impacts No temporary impacts are expected with this development. Prior to construction commencement all remaining preserve areas will be enclosed with siltation -prevention devices, which will remain in place until the adjacent construction is completed. 3.2.3 Secondary Impacts to Wetlands & Water Resources The previous permitting of the project's development features already accounted for and mitigated for the direct impact to all on -site wetlands so no secondary impacts will occur. Adjacent properties are already developed so no secondary impacts to off -site wetlands is expected either. Table 3- Preserves. Impacts and Secondary Impacts Wetland Habitat FLUCCS Code Total Acreage Direct Impacts Secondary Impacts Preserve Mixed Wetland Forest 630 2.30 1.18 0.00 1.12 Totals 2.30 1.18 0.00 1.12 Upland Habitat FLUCCS Code Total Acreage Impacts Preserves Oak Pine Community 414 1.06 0.64 0.42 Pine Flatwood 411 1.59 0.06 1.53 Totals 2.65 0.69 1.95 ** Acreages in Table 3 above apply to preserve area on East side of Goodlette road only. Acreage discrepancy of 0.01 acre is a result of rounding error. 3.3 PROJECT IMPACTS TO LISTED SPECIES A survey for listed animal and plant species was conducted on the project lands by Turrell, Hall & Associates biologists. This listed species survey and its results are discussed in the attached Listed Species summary. The listed animals associated with these project lands as observed directly or indirectly by Turrell, Hall & Associates included the white ibis, and snowy egret. Currently the closest documented active eagle's nest is approximately 2.5 mile northwest of the project lands. A tri-colored heron was observed foraging along the lake banks. White ibis and snowy egrets were also observed perched in trees on the Creekside East property. White ibis and snowy egret were also observed on the open mowed lands to the east of the project site. 3.4 PROJECT IMPACTS TO ARCHAEOLOGICAL/ HISTORICAL RESOURCES As outlined in Section 2.4 of this report, it does not appear that development of the Creekside property will impact any historic properties listed, or eligible for listing, in the National Register of Historic Places or otherwise of historical, architectural, or archaeological value. If a suspected archaeological or historical artifact is discovered during the course of site development activities (construction, clearing, etc.), the development activities at the specific site will be immediately Page 10 of 16 Creekside Environmental Supplement May 15, 2020 halted and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action. Page 11 of 16 Creekside Environmental Supplement May 15, 2020 4.0 PRESERVE MANAGEMENT PROGRAM The Creekside preserve areas have an existing approved management plan. The proposed preserves will continue to be managed as outlined in the approved plan. Preserve areas will be maintained to suppress infestation by exotic/invasive and nuisance plant species. Maintenance/management actions will be conducted as required to meet the success criteria as outlined in the plan as well as to insure stormwater management capacity as required under the drainage easement. The Preserve Management Plan outlines the maintenance activities proposed within the preserve areas associated with the project. It also outlines any monitoring efforts that may be done to track and document the success of the maintenance efforts. Follow-up exotic and nuisance plant control will include directed herbicide applications and/or physical removal methods throughout all portions of the preserve area. Exotic/nuisance plant control is likely to occur on at least an annual basis. Such maintenance events may be conducted more frequently if field observations indicate the need. At the end of this period, the frequency of activities necessary to adequately control nuisance and exotic plants will be re -assessed and a program developed for future maintenance. At a minimum there will be at least one exotic/nuisance plant control event per year of monitoring. Supplemental plantings will be conducted as necessary when and where survivorship, density, and/or percent cover goals are not achieved. The need for such re -plantings will typically be assessed on an annual basis. Management/maintenance activities may include removal of dead, dying, or diseased plants (both planted and existing plants) as deemed necessary. Any work necessary to accommodate the stormwater drainage aspects of the area will also be undertaken to insure no adverse hydrological impacts occur to upstream properties. A qualified biologist or similar environmental professional will inspect the preserve area at least once a year for the duration of the monitoring program. The necessary maintenance activities will be determined by the biologist during these inspections. The maintenance will be conducted during the course of the year following issuance of the biologist's recommendations. The preserve area will be maintained in perpetuity such that the total vegetative cover accounted for by nuisance plants constitutes no more than 5% of total plant cover. All exotic plants will be removed from the preserves as part of the maintenance events. 4.1 PROTECTION OF PRESERVES VIA CONSERVATION EASEMENTS Since the SFWMD has permitted these areas as impacted, and because of the underlaying drainage aspects associated, they will not accept conservation easements over them. These areas are included in the Collier County native vegetation requirement but because of the drainage component associated with the area, they will likewise not accept a conservation easement over the remaining area due to the possibility that drainage improvements or maintenance may need to occur sometime in the future. Page 12 of 16 Creekside Environmental Supplement May 15, 2020 4.2 PRESERVE ENHANCEMENT VIA MAINTENANCE & ERADICATION OF EXOTIC & NUISANCE PLANT SPECIES The preserve area will be maintained in perpetuity to ensure that the areas are free from exotic/invasive plant species immediately following maintenance events. Exotic invasive plant species will include Category I and Category II species identified in the current "Invasive Plant List" published by the Florida Exotic Pest Plan Council (FLEPPQ as well as Class I and Class II Prohibited Aquatic Plants listed in Chapter 62C-52.011, Florida Administrative Code. Nuisance plant species will include native plant species deemed detrimental due to their potential adverse competition with desirable native species. Visual inspections for exotic, non-native and nuisance plant invasion will be conducted annually, at a minimum, and all exotic, non-native and nuisance vegetation found within the preserve areas will be flagged, mapped and reported for treatment. Felled material will be removed from the preserve areas where possible or killed in place where removal would cause extreme damage to the surrounding native areas. Any stumps remaining after the exotic, non-native and nuisance removal will be treated with a U.S. EPA approved herbicide and visible tracer dye to prevent regeneration from the roots. These maintenance activities will be performed in perpetuity as needed. 4.3 PRESERVE DELINEATION Preserves will be clearly delineated with appropriate signage both during and after construction activities. Protective barricades will be used to cordon off construction areas and keep construction equipment out of preserve areas. A double row of silt fence will be used along preserve areas to separate them from the construction activities. The silt fence will remain in place until the perimeter berm is installed around the area of work. Appropriate signage will be placed along the perimeter of the preserves at 100 to 150 foot spacing. 4.4 PRESERVE MANAGEMENT SPECIFICATIONS The preserve area will require exotic and nuisance plant eradication activities as previously noted. The following paragraphs provide additional information and specifications regarding these activities. 4.4.1 Exotic & Nuisance Vegetation Eradication As previously noted, eradication methods will be employed throughout the preserve area. They may include physical removal of exotics and/or directed herbicide applications as dictated by the mitigation feature type and specific conditions and species encountered. Initial exotic and nuisance plant eradication efforts will involve a combination of methods including directed herbicide applications and cutting down exotics with subsequent application of herbicides to the stumps. Non -mechanized exotic and nuisance plant Page 13 of 16 Creekside Environmental Supplement May 15, 2020 eradication methods will be employed wherever practical in order to preserve the greatest amount of existing native vegetation still present within the preserve areas. Methods include the use of hand implements such as chainsaws and machetes to cut down exotic vegetation with follow-up applications of herbicides as well as directed herbicide applications alone. Areas of exotic eradication handled in this manner will be allowed to recruit naturally for a year before determining if any replanting is necessary. Following initial eradication, subsequent maintenance events will commonly employ non - mechanized exotic and nuisance plant eradication methods. These methods may include directed herbicide applications and/or physical removal of exotics. 4.4.2 Success Criteria The success criterion of this preserve is 80% total coverage of desirable and appropriate plant species in each habitat. If supplemental plantings are required after time zero activities are completed, then there will also be a requirement for 80% survivorship of all plantings. This criterion is already met within the native habitat areas. 4.4.3 Monitoring & Reporting The Creekside East preserve area will be maintained and monitored on an annual basis, with more frequent maintenance events undertaken if vegetation is overrun by any exotics that need more frequent treatment. Monitoring will be conducted within 30 days of a maintenance event, but not prior to 10 days immediately following herbicide application. Any faunal observations, direct or indirect will also be noted and reported during each site visit. Since the preserve area has been deemed impacted by the regulatory agencies, no monitoring or reporting will be required by them. Monitoring summaries will be produced and kept by the property owner for review by the County upon request. Page 14 of 16 Creekside Environmental Supplement May 15, 2020 5.0 PRESERVE MONITORING PROGRAM The permittee will not submit monitoring reports to the SFWMD or USACE as the preserve area has already been deemed impacted by these agencies. Monitoring summaries will be produced if required by the County which will include the following information: 1. Brief description of maintenance and/or management work performed since the previous monitoring report along with discussion of any other significant occurrences. 2. Brief description of anticipated maintenance/management work to be conducted over the next year. 3. A summary of rainfall data collected during the year preceding the monitoring report based on rainfall data recorded at an onsite station. 4. Photographs documenting conditions in the preserve area at the time of monitoring. Photos will be taken at four permanent photo stations within the on -site Preserve. At least two photos will be taken at each station with the view of each photo always oriented in the same general direction from one year to the next. 5. Other general observations made in various portions of the preserve area. These observations will address potential problem zones, general condition of native vegetation including planted species, wildlife utilization as observed during monitoring, and other pertinent factors. 6. A summary assessment of all data and observations along with recommendations as to actions necessary to help meet management/maintenance goals. 7. A summary of all observed wildlife sightings and evidence of wildlife utilization. Page 15 of 16 Creekside Environmental Supplement May 15, 2020 6.0 WETLAND MITIGATION PROGRAM The original Creekside East project permitting accounted for impacts to the preserve area so no additional wetland mitigation should be required by the State regulatory agencies. The USACE had previously indicated that the impacts will require additional mitigation and the applicant is proposing to compensate for the wetland impacts via the purchase of 0.47 wetland mitigation credits from the Panther Island Mitigation Bank Expansion. Table 4- UMAM Summary Wetland FLUCFCS Total Existing Proposed Delta Mitigation Habitat Code Acreage UMAM UMAM Requirement Score Score Mixed 630 1.18 0.40 0.00 -0.40 0.47 Wetland Forest Totals 2.30 1.18 1.12 0.47 Page 16 of 16 STATE OF FLOFZIDA 00 A X E NAPLES G �n O % s1 e MARCO ISLAND c GULF OF MEXICO EVERGLA CITY gJECT 0 ERTY KEY WEST P ...e'Z� COLLIER COUNTY SITE ADDRESS: <> GOODLETTE FRANK RD NAPLES, FL 34105 NOTES: <> THESE DRAWINGS ARE FOR PERMITTING PUF AND ARE NOT INTENDED FOR CONSTRUCTIOI <> LATITUDE: N 26° 16' 15.542" <> LONGITUDE: 81° 47' 18.663" 111THAVE N = IMM KALEE RD o Z o d O o m z � o m z z � °a 2 p •:uscn a � z'i r%h Tlb— < --It Clul_ Golf Club VANDER ILT BEACH RD D 1J A "a 88' c z A z z VICINITY MAP COUNTY AERIAL ���`y'p TH{Tq R� Associates, q+p(� DESIGNED: TH 1. RMJ Ost418 TH REV ISED PAGES 02,05,06.08 N11 VII, 1114II W (1JSOV1l4fVJ, Inc. C R E E KS 1 � E DRAWN BV: RMJ 2. RMJ OS12-29 TH REVISED PAGES w , .. arine & Environmental Consulting CREA ED: 99-2]-13 3. JOB NO.: 1335 d. 3584ExchangeAve.SuiteB. Naples, FL34104-3732 LOCATION MAP sHEErNo.: o1oF10 5. );mall: tuna0.cIl-a550C1 s.com Phone:(239)643-0166 Fax: (239) 643-6632 .,..�.,,,.w,,,,:�.,..,,,,�,,.,..,,,,:,,,,„,��,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,.�,,,.,,,,,,,,�. SECTION-27 TOWNSHIP-48S RANGE-2— I , ..c : ! di `r : rpIlfML�1llal.ElIN1 534 174 CID 190 IMMOKALEE RD 510 —� "V— F7 193 r �- ad ow 1 . i o'el N �X- E S 100 200 400 SC11LE7N �EE7 ' ,-411_ SITE PROPERTY FLUCCS CODE DESCRIPTION AREA (AC) 140 COMMERCIAL AND SERVICES 6.57 174 MEDICAL AND HEALTH CARE 7.19 190 OPEN LAND 2.30 193 URBAN LAND IN TRANSITION 1.78 411 PINE FLATWOODS 1.59 414 PINE - MESIC OAK 1.06 510 STREAMS AND WATERWAYS 0.49 534 STORMWATER MANAGEMENT LAKE 3.06 630 WETLAND FORESTED MIXED 2.30 743 SPOILAREAS 0.17 814 ROADS AND HIGHWAYS 2.41 TOTAL 28,92 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. SURVEY COURTESY OF: "NO SURVEYDATAAVAILABLE" I y� DESIGNED'. TH 1 �RMJ -14-16 c�TH REVISED FLUCCS V.— -ull ell, Hall &Associates, Inc. C R I E K S 1 1—> E DRAWN BY: RM' 1. RMJ °51— TH REVISED FLUCCS Marine & Environmental Consulting CREATED: o -13 ,JOB NO, 1-3584ExchangeAve.SuiteB. Naples, FL 34104-3132 FLUCCS MAPW10s.turell-assoc s.com Phone:(239)643-0166 Fax:(239)643-6632 SECTION-2-1TOWNSHIP-48S RANGE-25E It Fk li'i ` - ,: ". -- ��.'4�. • , °i 3_: \off` 1� r � ►\ „��I�I ■. i �riucr�li��i:�YRI!VTr�1Tr€!ri9T1-r11R� f .— �--� — �1 AND I ! . ' . I1 � IIIIWIIIII ,/I Ila y ,'dj .it� y]. a 1 '�• 6 _ M�m r �m 0mm®m ;• ;; WETLAND IMPACT (AC) 1 .1 8 rT.E.. RAWINGS ARE FOR PERMITTING PURPOSES ONLY AND INTENDED FOR CONSTRUCTION USE. COURTESY OF: "NO SURVEY DATA AVAILABLE' VEVDATED rim �II i V e C I l ntf4f/L';� rw I •r - IMMOKALEE RD (FN a �� SC11GF 9N F'Ei� �� SITE PROPERTYt PLAND PRESERVE (ACRES): 1 -95 ETLAND PRESERVE (ACRES): 1.12 OTAL PRESERVE (ACRES): P 3.07 RAWINGSARE FOR PERMITTING PURPOSES ONLY AND INTENDED FOR CONSTRUCTION USE. COURTESY OF: "NO SURVEY DATA AVAILABLE" SUR SURVEY DATED MM-DD-YYYY DESIGNED'. TN 1 reRMJ -13-20 c�TH REVISED SITEPLAN Turrell, Hall &Associates, Inc, CREEKS 1 E °R rEor' RMJ, arine & Environmental Consulting JOB NO.. 31335 4. 3584 Exchange Ave. Suite B. Naples, FL34104-3732 PROPOSED PRESERVE SHEETNG os0;10 s. - om Phone: (239) 643-0166 Fax- (239) 643-6632 SECTION-27 TOWNSHIP-48S RANGE-25E r- it �14' 14 ' ` p N / 20 17 39 N �"n F� a as 200 400 r®rr� .V%, Via'. SITE PROPERTY ' CODE DESCRIPTION HYDRIC 7 IMMOKALEE FINE SAND 17 BASINGER FINE SAND YES FT. DRUM AND MALABAR, HIGH, FINE ZD SANDS 39 SATELLITE FINE SAND NOTES: THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. SURVEY COURTESY OF: "NO SURVEY OATH AVAILABLE" •• SURVEY DATED: MM-DD-YYYY SOIL DATA PROVIDED BY: 1998 UNITED STATES DEPT OF AGRICULTURE SDIL SURVEY LLIER NTV AREA FL urrell, Hall & Associates, Inc. -SIGNED DRAWN BY BY TRMJ N ;E C IR E E K S 1 E — arise & Environmental Consulting CREATED: 09R]-13 JOB NO.: 1335 0. Exchange Ave. Suite B. Naples, FL 34104-3732 SOILS MAP SHEET NO.: Emailjwnat.urrellt-associs.com Phone:(239)643-0166 Fax: (239) 643-6632 SECTION-27 TOWNSHIP-48S LAN.E-j2.E I Ilk -- --`�- "" IMMOKALEE IID F x 1 i ---.-- ---e-r — — — — — — — — — — — 1— — — — — — — — — — — : 7o6,— — 4H- µ N W E . S 0 100 200 ¢Ofl SC11LE9N �E2:7 N y xt -: 'SITE ,PROPERTY a, yt R� NP op., — �' i►„ r _ a a m F Ai T 4 TYPICAL TRANSECT F= z t'. TRI COLORED HERON F �► '�'�— , l; CAVITY TREES rb SNOWY EGRET i •'� r WHITE IBIS �I Y _ m� �l�' TT�11 n ���O�l�l��' Inc.DESIGNED'. IT' iF RMJ 9-4 0 I oREVISED SITEPLAN li 1 Hall & Tl 1 C R E E K S I � E DRAWN BY: RMJ 2. 'Marine & Environmental Consulting DOB NO JOB NO.: 11335 14. 1-1 1- - 3584 Exchange Ave. Suite B. Naples, FL 34104-3732 SPECIES MAP SHEET NO: 09 M 10 5. Email: turtell-assoc s.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-27 TOWNSHIP-48S RANGE-25E THREATENED AND ENDANGERED SPECIES SURVEY CREEKSIDE EAST 2600 Golden Gate Parkway Naples, FL 34105 updated MARCH 2O20 PREPARED BY: >--00 111�tlt TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 I. INTRODUCTION The Creekside East project encompasses a total of approximately 28.9 acres. The property is located in section 27, township 48 South, and Range 25 East, Collier County, Florida. The owner is considering development of the parcel associated with the Creekside Commerce Park Commercial Planned Unit Development. The project parcel is located on the southeast corner of Immokalee Rd. and Goodlette Frank Rd. intersection, in North Naples. The project is bordered to the north by Immokalee Rd., the west by Goodlette Frank Rd., the south by the North Collier water treatment facility and the Pelican Marsh PUD, and to the east by additional commercial development. The intent of this report is to provide a summary of wildlife observations on the property and to consider potential effects of the proposed project on any local, state or federal listed species that may utilize the property for feeding/foraging and/or nesting. This survey updates a 2008 protected species survey conducted by Johnson Engineering and 2013 and 2015 surveys conducted by Turrell, Hall and Associates. This latest survey update was specific to observations for Florida bonneted bat roosts. II. METHODOLOGY Prior to any wildlife survey, careful consideration is given to the habitat type/s in question and species that are known to utilize such areas. Thus, before any survey is carried out a number of publications and references are consulted. These include: The Official Lists of Florida's Endangered Species, Florida Game and Freshwater Fish Commission (FGFWFC) Wildlife Methodology Guidelines, Survey Protocol for SFWMD projects, Collier County aerial research, US Fish and Wildlife listed species survey protocols, and the Florida Natural Areas Inventory (FNAI) for Collier County. The basic objective of any wildlife survey is to obtain evidence that a listed species is using the subject site. The site may comprise a primary or secondary feeding/foraging or nesting zone or merely be adjacent to those sites for a particular listed species. As many species of concern in Florida are cryptic/camouflaged and/or nocturnal/crepuscular, patience and sufficient time must be devoted to the survey. Aerial photos and FLUCFCS mapping of the site and surrounding area were consulted before arriving on -site and after thorough consideration of the existing habitats a potential list of species that could be found on -site was developed. A system of linear transects was followed along essentially an east -west orientation throughout the subject property. Transects were walked during both morning and afternoon time frames to examine the site. Particular emphasis was put on looking for evidence of tree cavities as well as fox squirrels, gopher tortoises, indigo snakes, other species that have the potential to occur. Biologists traversed the site in a series of linear transects spaced approximately 40 to 60 feet apart. 2 CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 Fieldwork took place in September 2013, October 2015, September 2016, and more recently updated February 2020. Approximately 30 hours have been spent on the site to date devoted to wildlife survey. The October 2016 update was to survey the site for cavity trees that could potentially support bonneted bat roosting. The recent 2020 survey was conducted to review the cavities located in 2016 and search for any additional if present. Two cavities located in oak trees and one cavity in a dead cabbage palm tree were observed. All three were peeped and no evidence of bat roosting was observed. A list of survey dates, times, and ambient weather conditions is provided below. SURVEY DATE TIMES SURVEYED TEMP (OF) WIND (MPH) FEATHER 09/09/2013 0700 — 1000 75 5-10 Clear 09/11/2013 1500 — 1800 80 15-20 Cloudy 09/18/2013 0700 — 1000 75 0-5 Partly cloudy 09/24/2013 1530 — 1830 75 15 — 25 Cloudy / Rain 10/08/2015 1600 - 1930 85 5-10 Clear 10/17/2015 0700 - 1000 74 5-10 Partly Cloudy 9/02/2016 0800-1100 77 10-15 Cloudy 09/05/2016 O1/24/2020 0700-1000 0700-1000 73 64 1 Calm 1 Calm Clear Clear 02/22/2020 0700-0900 58 1 1 15-20 Partly Cloudy A slow pace was walked throughout the entire site, stopping every few minutes to look and listen for movement or calls of any animal. Indirect evidence such as rootings, scrape marks, nests, cavities, burrows, tracks and scat were looked for and noted. III. RESULTS AND DISCUSSION A list of protected species that could be expected to occur on the subject site can be given through analysis of known vegetative communities both on -site and contiguous to the site and available background data. Sources include the Fish and Wildlife Service Multi Species Recovery Plan, Part 2, Appendix C, Species of Concern and their Respective Community Types in South Florida, in addition to communication with personnel at state and federal wildlife agencies. Vegetative communities are presented by FLUCFCS codes together with potential listed wildlife species. Consideration of the suitability and likelihood for a given community to support a particular species is given in light of adjacent and contiguous land uses. Abbreviations used in the discussion are as follows; 3 CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 Vegetative Species Abbreviations Stratum Abundance C = Canopy C = Common M = Midstory O = Occasional G = Groundcover R = Rare Listed Species Abbreviations F = Federal C = Federal Candidate S = State *= FWS Species of Management Concern E = Endangered R = Rare T = Threatened SSC = Florida Species of Special Concern FL UCFCS CODE 193 Urban Land Common Name Scientific Name Stratum Abundance Bahia grass Paspalum notatum G C Smooth buttonweed Spermacoce assurgens G O Frog fruit Phyla nodiflora G C Mexican clover Richardia grandiflora G R The following species are common within this community type and can potentially be found there; Gopher Tortoise (Gopherus polyphemus), Sandhill Crane (Gnus canadensis pratensis, ST), Audubons Crested Caracara (Polyborus plancus audubinii, FT, ST), Eastern Indigo Snake (Drymarchon corais couperi, FT, ST). FLUCFCS CODE 411 (El) Pine Flatwoods (<25% exotics) Common Name Scientific Name Stratum Abundance Slash pine Pinus elliotti C C Cabbage palm Sabal palmetto M/C O Laurel oak Quercus laurifolia C O Ear -leaf acacia Acacia auriculiformis M/C R Melaleuca Melaleuca quinquenervia M/C O Brazilian pepper Schinus terebinthifolius M O Downy rose -myrtle Rhodomyrtus tomentosa M C Myrsine Rapanea punctata M C Gallberry Ilex glabra M C Wax myrtle Myrica cerifera M C Saw palmetto Serenoa repens M C Greenbriar Smilax spp. V C Muscadine grape Vitis rotundifolia V C The following potential species are common within the community type Pine Flatwoods; Gopher Tortoise (Gopherus polyphemus), Florida Weasel (Mustela frenaata peninsulae, 4 CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 R), Big Cypress Fox Squirrel (Sciurus niger avicennia, *), Florida Black Bear (Ursus americanus floridanus, FC, ST), Florida Panther (Puma concolor coryi, FE, SE), White Ibis (Eudocimus albus, SSC), Sandhill Crane (Grus canadensis pratensis, ST), Bald Eagle (Haliaetus leucocephalus, FT, ST), Red Cockaded Woodpecker (Picoides borealis, FE, ST), Audubons Crested Caracara (Polyborus plancus audubinii, FT, ST), Eastern Indigo Snake (Drymarchon corais couperi, FT, ST). Of the above potential listed species, none were observed on this or surrounding parcels during the course of this survey. There is a slight possibility for utilization by gopher tortoise, indigo snake, and fox squirrel; however, the amount of directly adjacent traffic and lack of continuity with other undeveloped parcels significantly minimizes that potential. FL UCFCS CODE 510 and 534 Canal and Pond Common Name Scientific Name Stratum Abundance Primrose willow Ludwigia peruviana M R Carolina willow Salix caroliniana M R Torpedo grass Panicum repens G C Pennywort Hydrocotyle umbellata G O Arrowhead Sagittaria lancifolia G O Spikerush Eleocharis cellulosa G O This community type generally supports foraging activities of listed wading birds such as American Alligator (Alligator mississippiensis SSC, FT S/A), White Ibis (Eudocimus albus, SSC), Sandhill Crane (Grus canadensis pratensis, ST), Limpkin (Aramus guarauna, SSC), Wood Stork (Mycteria americana, FE, SE), Little Blue Heron (Egretta caerulea SSC), Snowy Egret (Egretta thula SSC), Tri-colored Heron (Egretta tricolor SSC) Of the above potential listed species, only the tri-colored heron was observed foraging along the lake bank. White ibis and snowy egret were also observed perched in trees adjacent to the lake. It is probable that several other species will also utilize the shorelines for foraging activities over the course of the year. The Johnson Engineering survey from 2008 documented an alligator within the existing stormwater pond. Recognition that some species may utilize the site along with proper management to prevent impacts associated with this development proposal should be incorporated into the final species management plan for the property. FLUCFCS CODE 630 Wetland mixed forest Common Name Scientific Name Stratum Abundance Cypress Taxodium distichum C C Cabbage palm Sabal palmetto M/C O Laurel oak Quercus laurifolia C 0 CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 Carolina willow Salix caroliniana M O Pond Apple Annona glabra M C Brazilian pepper Schinus terebinthifolius M R Buttonbush Cephalanthus occidentalis M O Myrsine Rapanea punctata M R Swamp lily Crinum americanum G C Leather fern Acrostichum danaeifolium G O Swamp fern Blechnum serrulatum G C This community type generally supports foraging activities of many listed wading birds such as White Ibis (Eudocimus albus, SSC), Little Blue Heron (Egretta caerulea SSC), Snowy Egret (Egretta thula SSC), and Tri-colored Heron (Egretta tricolor SSC). In addition, the following potential species are also possible within this community type; Florida Weasel (Mustela frenaata peninsulae, R), Big Cypress Fox Squirrel (Sciurus niger avicennia, *), Florida Black Bear (Ursus americanus floridanus, FC, ST), Florida Panther (Puma concolor coryi, FE, SE). As documented above, none of these species were observed within this community during the survey efforts. The amount of directly adjacent traffic and isolation of this parcel due to the lack of continuity with other undeveloped parcels significantly minimizes the potential that listed species will utilize the site. A list of all wildlife species observed on or adjacent to the site is provided below. Common Name Scientific Name Fish and Aquatic Invertebrates Mosquito fish Gambusia affinis Least killifish Heterandria formosa Golden topminnow Fundulus chrysotus Sailfin molly Poecilia latipinna Sunfish Lepomis spp. Walking catfish Clarias batrachus Unidentified cichlids Rebtiles & Amphibians Cuban treefrog Osteopilus septentrionalis Green treefrog Hyla cinerea Eastern narrowmouth toad Gastrophryne carolinensis Florida cooter Pseudemys floridana Florida soft-shelled turtle Apalone ferox Green anole Anolis carolinensis Birds Anhinga * Anhinga anhinga 6 Snowy egret Tricolored heron Green -backed heron White ibis Cattle egret Mourning Dove Red -bellied woodpecker Cardinal Red shouldered hawk* Turkey Vulture Mockingbird Unidentified warblers Mammals CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 Egretta thula Egretta tricolor Butorides striatus Eudocimus albus Bubulcus ibis Zenaida macroura Melanerpes carolinus Cardinalis cardinalis Buteo lineatus Cathartes aura Mimus polyglottos Nine -banded armadillo Dasypus novemcinctus Marsh rabbit (scat and tracks) Sylvilagus palustris Grey squirrel Sciurus carolinensis Raccoon (tracks) Procyon lotor * Observed on adjacent properties or flying overhead. IV. SUMMARY As can be seen from the list above, this site supports a very limited amount of wildlife, consisting mostly of transient and generalist species. The site is located next to a major intersection and confined by commercial, residential, and industrial properties. At the time of the initial September 2013 survey, extremely high rainfall amounts from the past month had the site completely inundated with between 2 to 8 inches of water. This served to concentrate species along the higher perimeter regions of the site. The 2015 and 2016 follow up surveys were done only on the small wetland area and adjacent stormwater pond as the rest of the site was under construction. Likewise, this 2020 update also concentrated solely on the forested and lake portion of the site. The property is outside of the buffer zones for any known bald eagle nests. No evidence of bald eagles or bald eagle nest construction was observed during the course of this or any previous survey. The property is within the 18.6 mile core foraging area for the Corkscrew wood stork rookery. No wood stork foraging was observed during the survey but it is possible that periodic wood stork and other wading bird foraging may be occurring along the canal and lake shorelines. This activity will be able to continue with the proposed development so no adverse impacts to these species are expected. No evidence of any potential bonneted bat roosting sites was observed during the survey. This survey also concentrated on the small wetland area and was specifically aimed at locating potential FBB roost sites. While three cavities were observed and peeped, no evidence of any FBB roosting activity was observed. CREEKSIDE EAST THREATENED AND ENDANGERED SPECIES SURVEY MARCH 2O20 No listed plants were observed during the survey. It is our opinion that the development of this site with appropriate management and educational guidelines in place, will not adversely affect any endangered, threatened or otherwise protected species. These guidelines for management will be coordinated with the appropriate local, state, and federal agencies to better ensure their protection. 8 TPODIICOCR planning-enoineerine Traffic Impact Analysis Creekside Apartments Creekside Commerce Park - Commercial Planned Unit Development (CPUD) Prepared for: Barron Collier Companies 2600 Golden Gate Parkway Naples, FL 34105 Phone: 239.262.2600 :11'IIS roi= Collier County, FL 06/18/2020 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239.566.9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Collier County Transportation Review Fee — Small Scale Study — No Fee Note — *to be collected at time of first submittal Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Table of Contents ProjectDescription......................................................................................................................... 4 TripGeneration............................................................................................................................... 5 Conclusion....................................................................................................................................... 6 Appendices Appendix A: Project Master Site Plan............................................................................................ 8 Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 10 Appendix C: Trip Generation Calculations ITE 10th Edition........................................................ 15 Trebilcock Consulting Solutions, PA P a g e 1 3 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Project Description The Creekside Commerce Park Commercial Planned Unit Development (CPUD) is located in north Naples on the south side of Immokalee Road (CR 846), and straddles Goodlette-Frank Road (CR 851). The CPUD project is approximately 106 acres in size. The subject Creekside Apartments CPUD Amendment project is located in the southeast quadrant of the of Immokalee Road (CR 846) and Goodlette-Frank Road (CR 851) intersection. Refer to Figure 1— Project Location Map, which follows and Appendix A: Project Master Site Plan. Figure 1— Project Location Map PROJECT '.... 4¢ LOCATION Vanderbilt - Presbyterian ,-y' nokalze 113 aae — s4c Cfturcit-- -Irc ■■ ■aa■�ti I .i a ■ f ire Dis t-rct -4 --NQfsT31 ' MOOMMO■ 4 err Bay lark 3Vrples i rre Staiian 44 I s, 1 Naples I Christian Church? Vanderbilt -Beach Rd +�+y� e The CPUD has allocated 233,100 sf of Medical -Dental Office Building (Medical Office) of which 119,402 sf has been developed. The 113,698 sf of remaining future Medical Office includes a previously approved SDP for a 37,503 sf Medical Office which was submitted in 2015 but never developed. The Creekside Apartments CPUD Amendment (CPUDA) project proposes to allow a 300-unit apartment complex within the Creekside Commerce Park in exchange for, from a traffic standpoint, the allowed 37,503 sf of SDP Medical Office. In addition, the balance of Medical Office use required to ensure the proposed change to the CPUD will be traffic neutral will come from the remaining future Medical Office. Trebilcock Consulting Solutions, PA P a g e 14 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 A methodology meeting was held with the Collier County Transportation Planning staff on February 06, 2020 via email (refer to Appendix B: Initial Meeting Checklist (Methodology Meeting). The proposed development program associated with the new residential land use is shown in Table 1, Proposed Development Program. Table 1 Proposed Development Program Land Use ITE Land Use Code Total Size* Future CPUD Medical -Dental Office Building 720 113,698 sf Proposed Creekside Apartments 220 300 dwelling units Note(s): *sf = square feet. Accesses to the site are currently provided consistent with the proposed PUD Master Site Plan as shown in Appendix A. No new PUD connections and no changes to the existing approved accesses are requested as part of this rezone amendment application. Trip Generation The project provides the highest and best use scenario with respect to the project's proposed trip generation. The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition, and the software program OTISS (Online Traffic Impact Study Software, most current version). The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 10th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Per Collier County TIS Guidelines and Procedures, the internal capture trips should be reasonable and should not exceed 20% of the total project trips. For the purposes of this analysis, internal capture traffic reductions are not considered. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. In accordance with Collier County and ITE guidelines, no pass -by reductions are recommended for these land uses. The estimated trip generation based on the approved CPUD conditions is shown in Table 2A. The proposed PUD amendment projected traffic generation is illustrated in Table 2B. The net new trip generation (Table 2C) shows total proposed conditions versus existing allowed (the difference between Table 2B and Table 2A). Trebilcock Consulting Solutions, PA P a g e 1 5 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Table 2A Trip Generation (Approved CPUD Conditions) — Average Weekday 24 Hour Development Two -Way AM Peak Hour PM Peak Hour Volume Enter Exit Total Enter Exit Total Medical Office — 1,672 87 24 111 44 113 157 45,800 square feet Table 2B Trip Generation (Proposed CPUDA Conditions) — Average Weekday 24 Hour AM Peak Hour PM Peak Hour Development Two -Way Volume Enter Exit Total Enter Exit Total Apartments — 300 2,227 31 104 135 99 58 157 dwelling units In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified consistent with the peak hour of the adjacent street traffic. Based on the information contained within the 2019 Collier County Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. Table 2C Trip Generation (New Net External Traffic) — Average Weekday Development Net External Traffic — PM Peak Hour Enter Exit Total Proposed CPUDA 99 58 157 Approved CPUD 44 113 157 Proposed CPUDA Net New 55 (55) 0 Increase/(Decrease) The Collier County concurrency analysis (roadway link analysis) is based on the estimated net new traffic — PM peak hour average weekday. As illustrated in Table 2C, the proposed development traffic produces no additional PM peak hour 2-way trips. As such, there is no net new traffic during the PM peak hour to be evaluated for concurrency analysis purposes. Conclusion Based on the results of this analysis, the proposed CPUDA does not produce any additional unadjusted, weekday PM peak hour 2-way trips when compared to the existing approved Medical Office land use. In Trebilcock Consulting Solutions, PA P a g e 1 6 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 order to be traffic neutral, the CPUD will need to reallocate 45,800 sf of the future Medical Office land use building area (which includes the 37,503 sf Medical Office which was approved but never developed) to allow the 300 residential apartments to be developed. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine operational requirements, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 7 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Apuendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA P a g e 1 8 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 I.- U_ F V 0 �gJ D ati ���S�uuuUn N a�LL =wr W � a2 x� I. 0, II,•il -.-_ ..I❑ CREEKSME BLVD of _ x a i a 00 CO os w a �yry H iw Em� U Qal tz s G .O _ w C M � noN 'saaM i IREE1 w _ lnaw3s 'I U N m I CREEKSIOETR- Y `o E it o- W Nd `� I - Y ❑ 0 ypj� E i� I r r W Z'y I I w U V m N oy U °o m4 ya I iIF lFL jilll U_ U �� ❑� Z p .pRTRREX BO�LE'1AR➢ - j < q ......... k r 7 7� �1 1 ( � 1 S � I w - now ti V / of i `ao U � I � wga a3�U Trebilcock Consulting Solutions, PA P a g e 19 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Apuendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 10 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: February 6, 2020 Time: N/A Location: N/A — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock, TCS 3) Daniel Doyle, TCS Studv Preparer: Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, Fl 34104; Ph 239-566- 9551 Reviewer(s): Reviewer's Name & Title: Michael Sawver Collier Countv Transportation Planning Department Organization & Telephone Number: 239-252-2926 Applicant: Applicant's Name: Barron Collier Companies Address: 2600 Golden Gate Parkway, Naples, FL 34105 Telephone Number: 239-262-2600 Proposed Development: Name: Creekside PUD Amendment — Proposed Creekside Apartments Location: south of Immokalee Rd., both east and west of Goodlette Frank Rd., Naples, FL, (refer to Figure 1). Land Use Type: Varies ITE Code #: Varies Description: This PUD amendment proposes a development scenario to allow a 300 dwelling unit apartment complex east of Goodlette Frank Rd. by reducing the allowable square footage of medical office uses to retain the maximum traffic cap as allowed by current zoning. Zoning Existing: Creekside Commerce Center CPUD CC Ord. 18-19. Comprehensive plan recommendation: N/A Requested: PUDA approval for new development scenario Page 1 of 4 Trebilcock Consulting Solutions, PA P a g e 1 11 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Figure 1 — Project Location Map IL 0 )I PROJECT r -' LOCATION Va Ierhih ' Preshyterien::a ' r„�ursnr�i ' rl ePLES FIG O *� _or lh Nzplec i,re - n -Station A4 rEp ' � 81 Naulesr a i �. Ckn lien..4 ' Church 0 VanGe+hO��each RE"�r Findings of the Preliminary Study: Trio Generation — Internal capture and pass-bv rates are considered consistent with the previously approved PUDA TIS dated 07-07-2017. (Pass -by maximum 25% of net external for Shopping Center, Internal capture not to exceed 20% of total traffic). Study type: This Traffic Impact Analysis will demonstrate that there are no estimated net new trips above what was previously approved. No concurrency and operational analyses are presented as part of this PUD amendment. As proiected net new traffic is below 50 two-way AM -PM peak hour trips, this study qualifies for a Small Scale TIS — no significant roadway impacts within the county ROW. Study Type: (if not net increase, operational study) ❑ Small Scale TIS ❑ Minor TIS ❑ Major TIS Page 2 of 4 Trebilcock Consulting Solutions, PA P a g e 1 12 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Small Scale Study — No Fee x + Methodology - $500.00 — $500.00 Minor Study - $750.00 Major Study - $1,500.00 Includes 2 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES Norvuma o, TrebUooc z Study Preparer Norman Trebilcock Reviewers) Applicant Page 3 of 4 Trebilcock Consulting Solutions, PA P a g e 1 13 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Studv" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one suffciencv review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Maior Studv Review" - $1,500 Fee (Includes two intersection analvsis and two suff ciency reviews) Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 4 of 4 Trebilcock Consulting Solutions, PA P a g e 1 14 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Apuendix C: Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA P a g e 1 15 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 Project Information lipmi—t N.— (Taal--. Ana t—tc - r'PI ILIA PERIOD SETTING Analysis Name: Weekday Project Name: Creekside Apartments - No: CPUDA Date: 6/17/2020 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 220 - Multifamily Dwelling Units 300 Weekday Best Fit (LIN) 1114 1113 2227 Housing (Low -Rise) T = 7.56 (X)+-40.86 50% 50% (General Urban/Suburban) 720 - Medical -Dental 1000 Sq. Ft. GFA 45.8 Weekday Best Fit (LIN) 836 836 1672 Office Building T = 38.42 (X)+-87.62 50% 50% (General Urban/Suburban) Trebilcock Consulting Solutions, PA P a g e 1 16 Creekside Apartments — Creekside Commerce Park — CPUD Amendment —Traffic Impact Analysis —June 2020 PERIOD SETTING Analysis Name: AM Peak Hour Project Name: Creekside Apartments - No: CPUDA Date: 6/17/2020 City: StatelProvince: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Land Use Independent Size Time Period Method Variable 220 - Multifamily Dwelling Units 300 Weekday, Peak Best Fit (LOG) Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.95Ln(X) (General Street Traffic, +-0.51 Urban/Suburban) One Hour Between 7 and 9 a.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 45.8 Weekday, Peak Best Fit (LOG) Office Building Hour of Adjacent Ln(T) = 0.89Ln(X) (General Street Traffic, +1.31 Urban/Suburban) One Hour Between 7 and 9 a.m. PERIOD SETTING Trip Gen Manual, 10th Ed Entry Exit Total 31 104 135 23% 77% 87 24 ill 78% 22% Analysis Name: PM Peak Hour Project Name: Creekside Apartments - No: CPUDA Date: 6/17/2020 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 220 - Multifamily Dwelling Units 300 Weekday, Peak Best Fit (LOG) 99 58 157 Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.89Ln(X) 63% 37% (General Street Traffic, +-0.02 Urban/Suburban) One Hour Between 4 and 6 p.m. 720- Medical -Dental 1000 Sq. Ft. GFA 45.8 Weekday, Peak Best Fit (LIN) 44 113 157 Office Building Hour of Adjacent T = 3.39 (X)+2.02 28% 72% (General Street Traffic, Urban/Suburban) One Hour Between 4 and 6 p.m. Trebilcock Consulting Solutions, PA P a g e 1 17 ORDINANCE NO. 18- 19 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING OUTDOOR RECREATION FACILITIES AS A GENERAL PERMITTED USE; BY PROVIDING THAT WELLNESS CENTERS ASSOCIATED WITH EMPLOYEES AND HOTEL GUESTS SHALL NOT COUNT TOWARDS SQUARE FOOTAGE MAXIMUMS IN THE BUSINESS DISTRICT AND INDUSTRIAL COMMERCIAL DISTRICT; BY ALLOWING A 169 ROOM HOTEL ON TRACT 6 WEST OF GOODLETTE FRANK ROAD; BY DECREASING THE ALLOWABLE SQUARE FOOTAGE IN THE INDUSTRIAL COMMERCIAL DISTRICT BY 6,900 SQUARE FEET FOR A TOTAL OF 709,100 SQUARE FEET OF FLOOR AREA OF INDUSTRIAL/COMMERCE USES; BY DECREASING THE ALLOWABLE SQUARE FOOTAGE IN THE BUSINESS DISTRICT BY 23,000 SQUARE FEET TO 269,000 SQUARE FEET INCLUDING A REDUCTION FROM 242,000 SQUARE FEET TO 219,000 SQUARE FEET OF OFFICE USES; BY ADDING INDOOR AND OUTDOOR RECREATIONAL FACILITIES AS A PERMITTED ACCESSORY USE IN THE BUSINESS DISTRICT AND INDUSTRIAL COMMERCIAL DISTRICT; BY ADDING DEVIATIONS TO ALLOW ANY USE ON TRACTS 3 AND 6 ON THE MASTER PLAN TO BE ELIGIBLE FOR THE COUNTY'S ARCHITECTURAL DEVIATION PROCESS AND A DEVIATION TO PERMIT EXISTING STREET TREES TO SATISFY THE BUFFER TREE REQUIREMENT FOR TRACT 5. THE SUBJECT PROPERTY IS LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 106 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL201700004251 WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit Development (the "PUD"); and WHEREAS, on March 12, 2013, the Board of County Commissioners approved Ordinance Number 13-23, which amended the PUD; and WHEREAS, on March 22, 2016, the Board of County Commissioners approved Ordinance Number 16-05, which further amended the PUD; and [ 17-CPS-01705/ 1405779/ 11 160 Creekside Commerce Park CPUD l of 2 PL20170000425 4/10/18 G WHEREAS, on October 25, 2016, the Board of County Commissioners approved Ordinance Number 16-32, which further amended the PUD; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Arthrex, Inc., petitioned the Board of County Commissioners to amend the CPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as amended The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is hereby amended to read as follows: See Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this 0 `f day of Apr 2018. ATTEST: DWIGHT E. BROCK, CLERK By: Attest as to airman s �enu signature only. (."/ ' Appr ved as to form an egality: A,/ A__���� ol;k% H idi As ton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — CPUD Document [17-CPS-01705/1405779/11160 Creekside Commerce Park CPUD 2 of 2 PL20170000425 4/10/18 BOARD OF C TY COMMI IONERS COLLIER , FLO By: ANDY SOLIS, Chairman This ordinance filc,d with the Secretary of Slate Is Office the JV�doy of _, ska and acknowledgement of that film received this day Exhibit A CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway, Naples, FL 34105 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300, Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 31 Floor, Naples, Florida 34103 AMENDED MAY 2012 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 AMENDED AUGUST 2015-a+A-,JULY 2016 and OCTOBER 2016 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Wordsstruek throug# are deleted; words underlined are added. 2017 CPUD Amendment April 10, 2018 r `Y TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION Il COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right -Of -Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Berms, Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN EXHIBIT B-1 CROSS SECTIONS (ENLARGED) EXHIBIT C CONCEPTUAL BUILDING RENDERING Words struek threugh are deleted; words underlined are added. 2017 CPUD Amendment i April 10, 2018 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106f acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. The Creekside Commerce Park PUD is located within '/4 mile of the North Collier Hospital. The 2016 petition request is to add 166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional square footage approved in the October 2016 Ordinance amendment will be medical related uses, and will be on Tracts that are within or partially within '/4 mile of the North Collier Hospital property. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban -Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban -Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.1-1 and L of the FLUE. Words l�hreifg# are deleted; words underlined are added. 2017 CPUD Amendment ii April10, 2018 8. Creekside Commerce Park is a master planned, deed -restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Words sot uek thpoffgh are deleted; words underlined are added. 2017 CPUD Amendment iii April 10, 2018 SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Words smuek tli-e gh are deleted; words underlined are added. 2017 CPUD Amendment iv April 10, 2018 9�� SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89°45'21" East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89°45'21" East 150.19 feet; 4) South 89°48'33" East 716.81 feet; 5) North 05°34'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53" West 51.18 feet; thence North 23°55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the are of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21°59'52" and being subtended by a chord which bears North 12055'57" West 30.53 feet; thence North 05°00'53" West 31.56 feet; thence North 36°19'20" West 32.02 feet; thence North 56°04'35" West 35.11 feet; thence North 80'39' 15" West 32.53 feet; thence North 88°39' 12" West 97.78 feet; thence North 86°04'40" West 45.79 feet; thence North 89049'48" West 132.77 feet; thence North 69°40' 10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°5926" West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79°49'59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39030' 16" and Words struelt#reugh are deleted; words underlined are added. 2017 CP UD Amendment 1-1 April 10, 2018 being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being subtended by a chord which bears North 70'46' 13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04' 14" and being subtended by a chord which bears South 82'35' 11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the are of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36'26' 19" and being subtended by a chord which bears South 84'16' 14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25" West 18.36 feet; thence South 89°39' 19" West 71.63 feet; thence North 89°34'56" West 36.03 feet; thence South 86°06'41" West 42,94 feet; thence South 83°44' 16" West 26.23 feet; thence South 51'01' 13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39" West 34.64 feet; thence South 89°20' 14" West 101.06 feet; thence North 10'46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07" West 100.64 feet; thence South 89°20'53" West 503.78 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; Words struek Mpeugh are deleted, words underlined are added. 2017 CPUD Amendment 1-2 April 10, 2018 !C A thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01 °09'43" East 1189.62 feet; thence leaving said line South 89°48'50" West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89'12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89-45-00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2,32 ACRES, MORE OR LESS. Words eJc Mrough are deleted; words underlined are added. 2017 CPUD Amendment 1-3 April 10, 2018 2 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-I I " of the FEMA flood insurance rate. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub -basins, as depicted within the Collier County Drainage Atlas (July, 1995). 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Words strivek through are deleted; words underlined are added. 2017 CPUD Amendment 1-4 April 10, 2018 Go, SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. A Land Use Summary indicating approximate land use acreages is shown on the Master plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Words Ithreugh are deleted; words underlined are added. 2017 CPUD Amendment 2-1 April 10, 2018 GA6 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Words Ithreugh are deleted; words underlined are added. 2017 CPUD Amendment 2-2 April 10, 2018 GYM'} Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve an overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights -of -way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5) in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Words struek thpough are deleted; words underlined are added. 2017 CPUD Amendment 2-3 April 10, 2018 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all park rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1 OD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, Words ek tlgreutgh are deleted; words underlined are added. 2017 CPUD Amendment 2-4 April 10, 2018 water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights -of -ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Wordssmuek Ap# are deleted; words underlined are added. 2017 CPUD Amendment 2-5 April 10, 2018 C�- 2.14 ENVIRONMENTAL Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05.00 of the LDC. 2.15 UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. The owner shall convey to Collier County a County Utility Easement (CUE) no less than 15 feet in width for construction of an irrigation quality (IQ) main through the PUD west of Goodlette-Frank from the North County Water Reclamation Facility to the existing IQ main on Immokalee Road. The requested CUE shall be provided in a mutually agreeable location, deemed acceptable by both the Owner and the Public Utilities Planning and Project Management Division, prior to approval of the next development order west of Goodlette-Frank Road. The CUE shall be conveyed to Collier County and the Collier County Water Sewer District at no cost to County, free and clear of all liens and encumbrances. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Words are deleted; words underlined are added. 2017 CPUD Amendment 2-6 April 10, 2018 Gcl�� G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette- Frank Road shall be limited to a right-in/right-out access. L. The maximum trip generation allowed by the proposed uses both primary and ancillary may not exceed 2,045 (external to the PUD, per TIS dated 09/16/2016 and 07-07-2017 as amended) PM Peak Hour, two-way trips. M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within the Florida Power & Light (FPL) easement, subject to approval by FPL on the west side of Creekside Street and the south side of Creekside Parkway along/within folio # 29331193049 to connect to the existing sidewalk along Creekside Parkway. The construction plans for the sidewalk and the letter request to FPL shall be completed and mailed prior to the issuance of a Certificate of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The construction of the sidewalk shall be completed no later than one year following FPL's approval. N. Due to the removal of a portion of the Creekside Boulevard minor collector roadway and re-routing of traffic, the owner, its successors, or assigns, shall design Words k Mrough are deleted; words underlined are added. 2017 CPUD Amendment 2-7 April 10, 2018 and construct the re-routed roadway to adequately accommodate AASHTO Interstate Semitrailer (WB-62) standards and provide access to existing postal service truck traffic prior to the removal of a portion of Creekside Boulevard. The design and construction shall be at no cost to Collier County. Any additional right- of-way easements required by County for a public road pursuant to County standards shall be dedicated to the County, free and clear of all liens and encumbrances without County maintenance responsibility. Such dedication shall occur prior to the issuance of the Certification of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and prior to the removal of a portion of Creekside Boulevard. The owner, its successor, or assigns, shall also accept ownership of the entire length of Creekside Boulevard with all maintenance responsibilities. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community -wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. Words smuekeg# are deleted; words underlined are added. 2017 CPUD Amendment 2-8 April 10, 2018 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value -apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clichds, overly complex or garish motifs, while seeking to invoke a "timeless" quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be Words smtek tlgh are deleted; words underlined are added. 2017 CPUD Amendment 2-9 April 10, 2018 designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at Words ;YfFmok threugh are deleted; words underlined are added. 2017 CPUD Amendment 2-10 April 10, 2018 an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the easternmost property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Words smuek threugh are deleted; words underlined are added. 2017 CPUD Amendment 2-1 1 April 10, 2018 Easement. The buffer shall meet ninety percent (90%) opacity within one (1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 10) The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (121). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right -of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. Wordsrelc-tli-euf.gh are deleted; words underlined are added. 2017 CPUD Amendment 2-12 April 10, 2018 B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 8 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on - site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single -occupancy facility, or for each establishment in a multiple -occupancy facility. Corner units within multiple - occupancy facilities, or multi -frontage single -occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). Words k thr-e� are deleted; words underlined are added. 2017 CPUD Amendment 2-13 April 10, 2018 � 'AO a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. b. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. c. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. d. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Words stp,celthreugk are deleted; words underlined are added. 2017 CPUD Amendment 2-14 April 10, 2018 OCA 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Outdoor recreation facilities including but not limited to playfields and tancss trails on areas not desi�Tnated IC or B on the Pt)D Master Plan. Stadiums shall be prohibited. 9 10. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 4-9 1 1. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 44-.12. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.22 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. Words struek Apeugh are deleted; words underlined are added. 2017 CPUD Amendment 2-1 S April 10, 2018 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as VC" on the PUD Master Plan are intended to provide a maximum of 716,0 00709.100 square feet of gfe5s4Floor aArea of industrial/commerce uses on 49.90 ± net acres. Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40.000 s.f.. and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the I/C District (excluding the 166,000 square feet added by the October 2016 amendment) and the Business District up to a FAR of .35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental Words struek through are deleted; words underlined are added. 2017 CP UD Amendment 3-1 April 10, 2018 and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non -Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power Words struek thre u are deleted; words underlined are added. 2017 CPUD Amendment 3-2 April 10, 2018 transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492, 3495, 3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 17. Hotels / Motels (Group 7011), not to exceed a maximum of 4S4-349 rooms for the entire PUD. Only 4-"-Hotels/Motels vi-s-are permitted within the PUD_ a d Only one hotel/motel it mustnigy be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located \kest of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on 'Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 3.4. 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 19. Leather and Leather Products (Groups 3131-3199) 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812- 3843, 3845-3873) 21. Membership Organizations (Groups 8611-8631) Words struok thre g are deleted, words underlined are added. 2017 CPUD Amendment 3-3 April 10, 2018 22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 23. Motion Picture Production (Groups 7812-7819) 24. Motor Freight Transportation (Groups 4214, 4215) 25. Packing and Crating (Group 4783) 26. Paper and Allied Products (Groups 2652-2657, 2673-2679) 27. Personal Services (Groups 7213, 7216, 7219, 7221) 28. Physical Fitness Facilities (Group 7991) 29. Plastic Materials and Synthetics (Groups 2833,2834) 30. Printing, Publishing and Allied Industries (Groups 2711-2791) 31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 34. United States Postal Service (Group 4311) 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self -storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade -Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood -wholesale; lumber: rough, dressed, and finished -wholesale; batteries, except automotive -wholesale; storage batteries, industrial -wholesale; unit substations -wholesale; boilers, power: industrial -wholesale; boilers, steam and hot water heating -wholesale; burners, fuel oil and distillate oil - wholesale; oil burners -wholesale) Words struelthreugh are deleted; words underlined are added. 2017 CPUD Amendment 3-4 April 10, 2018 tC Ad 37. Wholesale Trade -Nondurable Goods (Groups 5111-5143, 5145, 5147- 5149, 5192, 5199 except for cats -wholesale; charcoal -wholesale; dogs - wholesale; fish, tropical -wholesale; furs, dressed -wholesale; greases, animal and vegetable -wholesale; ice, manufactured or natural -wholesale, leather and cut stock -wholesale; linseed oil -wholesale; oils, except cooking: animal and vegetable -wholesale; oilseed cake and meal -wholesale; rubber, crude -wholesale; sawdust -wholesale; vegetable cake and meal -wholesale; wigs -wholesale; worms -wholesale) 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8092, 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: Uses and structures that are accessory and incidental to uses permitted in this district. includinL, indoor and outdoor recreational facilities. including but not limited to physical fitness facilities, playfields and fitness trails. Stadiums shall be prohibited. Words struek threu are deleted, words underlined are added. 2017 CPUD Amendment 3-5 April 10, 2018 c1 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.13.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. Words str-uekhreugh are deleted; words underlined are added. 2017 CPUD Amendment 3-6 April 10, 2018 ­.., iC A' 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 7. Minimum Building Setback from Existing Goodlette-Frank Road Right -of - Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet (50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height of one -hundred four (104') feet and a maximum actual height of one -hundred twenty two (122') feet, For parcels east of Goodlette-Frank Road: the Hotel, group housing for the elderly, and the intermediate care facility shall have a zoned height Words sk thmttgh are deleted; words underlined are added. 2017 CPUD Amendment 3-7 April 10, 2018 seventy-five feet (75'), actual height eight -five feet (85'). All other uses permitted east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of fifty feet (50') and an actual height of sixty feet (60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for buildings located on Tract 5. and 6 on the Master Plan, which shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in architectural style to the conceptual building rendering in Exhibit C. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.13.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. Words strue-k throu are deleted; words underlined are added. 2017 CPUD Amendment 3-8 April 10, 2018 K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this deviation process. 3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10' wide 1-ape 1., buffer adjacent to rights of way, with trees spaced no more than 30' on center. to permit the existing street trees planted along, the west side of Creekside Street to satisfy the minimum Type D buffer tree requirement of the eastern boundary of Tract 5. 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.13.2. (and B.3) are prohibited Words str-uek threugh are deleted; words underlined are added. 2017 CPUD Amendment 3-9 April 10, 2018 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 292.000269,000 square feet of #Floor aArea, including approximately 242,A90219.000 square feet of office uses and 50,000 square feet of retail uses on 22.90± net acres. Intermediate care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. Wellness Centers limited to employees and hotel Guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Apparel and Accessory Stores (Groups 5611-5699) 2. Breweries (Group 2082) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, Words stf melthrough are deleted; words underlined are added. 2017 CPUD Amendment 4-1 April 10, 2018 insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Convenience Store, food market (Group 5411) only two (2) allowed within the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed within the PUD. 7. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. 8. Dance and Martial Arts Studios (Groups 7911 and 7999, including only gymnastics and martial arts instruction) 9. Depository and Non -Depository Institutions (Groups 601 1-6163) including automatic teller machines 10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Eating Places (Group 5812) not including stand alone drive-thru restaurants. 12. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 14. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 15. Hardware Stores (Group 5251) 16. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736) Words slruek thpe are deleted; words underlined are added. 2017 CPUD Amendment 4-2 April 10, 2018 17. Hotels / Motels (Group 7011); not to exceed a maximum of 44-3)49 rooms for the entire PUD. Only 4-2 hotels/motels +care permitted within the PUD_ a+ Only one hotel motel 4-mwAma , be located east of Goodlette-Frank Road. and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6 not to exceed 169 rooms. -a*dis subject to additiaRal-cgs ethic development standards and setbacks identified in Section 4.4. 18. Miscellaneous Food Stores (Group 5499) +& 19. Miscellaneous General Merchandise Stores (Group 5399) 4-9-20. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) 24 21. Paint/Glass and Wallpaper (Group 5231) 21.22. Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) 22:23. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712-6799); Attorneys (Group 8111) 23-.24, Physical Fitness Facilities (Group 7991) 24.25. Retail Bakeries (Group 5461) 2-5 26. Security and Commodity Brokers (Groups 6211-6289) 26-.27. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care Words struekthi-eug# are deleted; words underlined are added. 2017 CPUD Amendment 4-3 April 10, 2018 retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 4. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8099) 5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district, including indoor and outdoor recreational facilities, inCludin;.r but not limited to ohvsical fitness facilities, nlavfields and fitness trails on areas not designated IC or li on the PUD Master Plan. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.13.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. Words so�uek thi-e are deleted; words underlined are added. 2017 CPUD Amendment 4-4 April 10, 2018 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. Words struek Mre g# are deleted; words underlined are added. 2017 CPUD Amendment 4-5 April 10, 2018 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) Immokalee Road: Minimum of fifty feet (50') plus for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (l') vertical foot of height for every three (3') horizontal feet); or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum three hundred fifty foot (350') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet (50% that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet); or For any portion of a hotel on the B designated tract on the southeast corner of Immokalee Road and Goodlette-Frank Road, the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, three stories over parking to a maximum of fifty feet (50') except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'), except that a hotel building or structure associated with this use may not exceed a zoned height of seventy five feet (75') and an actual height of eighty five (85'). All other uses on Tract 9 on the Master Plan shall be permitted to have a zoned height of seventy five feet (75') and an actual height of eighty five (85') b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). Words sHuek thpeugh are deleted; words underlined are added. 20/7CPUDAmendment 4-6 April10, 2018 c) All other uses permitted pursuant to Section IV shall be limited to a maximum zoned height of fifty (50') and an actual height of sixty (60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects.. except buildings located on the southern portion of Tract 3. Buildings located in the southern portion of Tract 3 as labeled on the Master Plan shall be subiect to the deviation process in Section 5.05.08 of the I..DC (see Section 4.5.3. Development Deviations. of this P1.1) Ordinance). F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.l which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G. Deviations and alternate compliance. which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the 1:DC for specific types of huildings. to allow general office and medical office, hotel and physical fitness facilities that can be constructed on the sixithern portion of' Tract 3 of the Master flan to be eligible for this deviation process. 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 (and B.2) are prohibited. Words smmek thm are deleted; words underlined are added. 2017 CPUD Amendment 4-7 April 10, 2018 cAC \A SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses and Structures Boardwalks and nature trails (excluding asphalt paved trails). Water management structures. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses, permitted in accordance with the LDC and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Words slag are deleted; words underlined are added. 2017 CPUD Amendment 5-1 April 10, 2018 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met on -site as set forth in the Collier County LDC. Words struek through are deleted; words underlined are added. 2017 CPUD Amendment 5-2 April 10, 2018 ,J Nnd tl3LSYN lynid3JNo0 9lOZ/4Z/OL 03S1 ,N�u11WInNd �> XUYd YJYlIf/!OJ 9Q!SMaTdJ �.._,'•.,• "." _ _- sa�mammu �wrar V Q Q V V U V U Q Q Q Q Q Q O O i1 41 41 •H -H w m O�NN0�O O au I�NCON -4 .• Y II -7N �O Q , Z~ V jfY7Q�! W Rm �O< Y pW W. \ ` tn tt F 1 � C N Y �j7 O w y5w a NFU g IM4 a. z �0 I a y �� 9 m� jU CREEKSIDE VD E 0 L'\ ; m a s Z j a~ i co'Wh��in i a o f g _ 1 N O W u e W u JWm I ry N Q y ! O ~ I"" -J_i'^ � 4 Fv y rn _...�Otl H Nj �113'10000 (IVM H U 74 �!6 uumi ~ m o ¢ �!� a �_ ` 1 ` [CREEKSIDE STREET _ _ - - Y z _ _ - �. r4 tua W _ t } J w _ r-r...._ mrOl Ntl0 39W 3NId t = � - 1NiM34V339v w _ c.> N �l a 4 _ CREEKSIDE TR. a, LL V W M I i_ a c UU3`o 2q so m jw 0 ow � I ff mU 2CL U U x' r. fill I5 to 1 v � F- rc I t1 w� m W as � �.__ (-----1 ���e \\•. i I , a cn ,j >2 ! ZLL j O �ARTHREX BOULEVARD fill 0 �a6 90 H ; g u g e'm ""d OHS- 1rr-ld30NGO — «f.,,Nf!°.. .� SWIZWO O3SIA3b a U8 IN1f3 .ry n.r r 1a' '- <�� aLL p1i¢ k'o ci `Y r-za O im r.SW R FWH oo� O? W _W Na o� U m r, I Q. o_ Y� UC iQCREEKSIDE BLVD E a` O uU y_ L a �I C r - v .; v I � 8 1 o K all �I gym qm N N Q '1L$� a �E 41N� aN N CCREEK9IDE 87REET 1N9Wigr3 lvdJ 3"ia _ jNjjw3sv3 B V rcy �v oais G Iu N m LJ B A -E c1 I O ry �y+ J o CREEKSIDE TR. a, 49 vi LLJ o �Ci9p 3' f as K °' In< I Z OARTHREX B011LEVARD b ffi ¢S y o 21Tas w W g V s O aaQQaaa -H W LL um,0 0 +1 -H o+I -H +I o �_ m a;NN- <?111 a N VNOi I,fV VG% .-i II II II II II II II II w W W N LL Y W a. G C a � C 0 ZO t Q 7= Q 4 2 a¢¢ Q Lo, Vl Y O w V W 6 �ma�'9a`a`O 1- o ig ffir`w I I I I I = 6g >> m um -jn�.a W seWo W 0 UM I Wall �� �113'1400'J OVON ANVNd � _�--- 1 Ilill i�ll� I L IL I r _ �1T1- EXHIBIT B1 CROSS SECTIONS (ENLARGED) - INTERNAL PARCEL PARKING ----- STREET LIGHT HEDGE CANOPY TREE -CANOPY TREE -- PARCEL ENTRANCE MONUMENT SIDEWALK HEDGE INTERNAL PARCEL PARKING I I fM IZ• I2• .• 1 wwcx b4 Rg w TYPICAL STREET CROSS SECT! INTERNAL PARCEL PARKING HEDGE CANOPY TREE PARCEL ENTRANCE MONUMENT u r +o Y _ WALK 50' l oo. N.T.a STREET LIGHT CANOPY TREE SIDEWALK i HEDGE INTERNAL PARCEL J PARKING B TYPICAL STREET CROSS SECTION Kr.s ----- INTERNAL PARCEL PARKING HEDGE ----- CANOPY TREE �-- PARCEL ENTRANCE MONUMEN s Ir It• � Iz• 1 s• L NC LA.01LAWs10E_ WALK KALK se• k -_ ,NOPY TREE HE W ALK DOE 'ERNAL PARCEL RKING ft m 4. A PLORIDA DEPARTMENT Of STATE RICK SCOTT Governor April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-19, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.il.us .�,triet School � o allier Cou�'�� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Creekside Commerce Park PUD Project Information: Municipality: Collier County Parcel ID#: (attach separate sheet for multiple parcels): see Property owner List Location/Address Of subject property: Creekside Commerce Park PUD Closest Major Intersection: Immokalee Road and Goodlette-Frank Road II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): creekside east Inc. Aqent/Contact Person: D. Wayne Arnold, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone#: 239-947-1144 Fax: Email warnold@gradyminor.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Owner or Authorized Agent Signature III. Development Information June 22, 2020 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Commercial Proposed Land Use Designation: Commercial and Residential Current Zoning: Creekside Commerce Park CPUD Proposed Zoning: Creekside Commerce Park CPUD Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 0 Total Units Proposed by Type: 300 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: N N c� II II �wwx II O N O N O N � N N O N N O N �N�zzz� �I w w x c Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. Creekside Commerce Park PUD Location Map Immokale`e RD do ft r ��� ■ W •' 04 y > I! a `,Of .. y m• ..ti: ,,� . ,... ? la �N � i `• - t� .'tip � � � � reekside BLVD '.... 0 lli x� Y 4�. Legend ' Creekside PUD © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Commun 310 155 0 N W + E S a 310 Feet Creekside Commerce Park CPUD (PL20190002850) Property Owner List Parcel No. Property Owner 23991198024 Creekside East Inc. 23991198040 Creekside East Inc. 29331180023 Creekside East Inc. 29331180049 Creekside East Inc. 29331180544 Creekside East Inc. 29331180560 Creekside East Inc. 29331180586 Creekside East Inc. 29331180609 Creekside East Inc. 29331181103 Creekside East Inc. 29331181129 Creekside East Inc. 29331181145 Creekside East Inc. 29331181161 Creekside East Inc. 29333000046 Creekside East Inc. Creekside East, Inc. 2600 Golden Gate Parkway Naples Florida 34105 Property Address Subdivision / Condo Tract Unit 1514 Immokalee Rd. Creekside Corners Condominium 1 1267 Creekside Blvd E Creekside Corners Condominium 2 Creekside Commerce Park East 2 Creekside Commerce Park East 3 Creekside Commerce Park East 4 Creekside Commerce Park East 4A Creekside Commerce Park East 4B Creekside Commerce Park East 5 Creekside Commerce Park East 6 Creekside Commerce Park East P-1 Creekside Commerce Park East P-2 Creekside Commerce Park East P-3 Creekside East Land Condominium 2 March 19, 2020 W GradyMinor Page 1 of 1 Property Owner List. docx Civil Engincers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • Nvwxv.gradyminor.com Creekside Commerce Park CPUD — PL20190002850 Deviation Justification Deviation 1 (B Districts): Approved Ordinance 13-23 Deviation 2 (B District): Approved Ordinance 16-05 Deviation 3 (B District): Approved Ordinance 18-19 Deviation 4 (B District): New Deviation, see Section 4.5.4 of the PUD. 4. Deviation 4 seeks relief from LDC Section 4.06.02.C.21 "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6, RMF-12, RMF-16) multifamily district/use adjacent to Commercial 3 (C-1, C-2, C-3, C-4, C- 5); Business Park (BP) district/use to provide a 15' wide type 'B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the north and a shared 15 foot wide type 'B' buffer with the institutional use located to the south. Justification: Tract 8 within the Creekside PUD is proposed to have a residential development option, making this portion of the PUD to be a mixed -use project which is intended to have a more urban form. A portion of Tract 8 has been developed with retail and office uses and the proposed residential units will have the ability to share internal infrastructure such as parking and drive aisles with the retail facility. This form of development is not unlike that found at Mercato where residential buildings and non-residential uses are located adjacent to each other. The projects share the same parent ownership and will share infrastructure within the PUD. The future residents will be provided notice as part of their unit lease that they will be living in a mixed use area and will be subject to commercial uses and noise associated with such use. May 14, 2021 F Gradyn'linor Page 1 of 2 BCCPUD-19 Deviation Justification.docxCivil Engineers • Lanyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Page 2 of 2 AFFIDAVIT OF COMPLIANCE Petitions PL20190002849 Creekside Commerce Park East Mixed Use Subdistrict (GMPA) and PL20190002850, Creekside Commerce Park PUD Amendment (PUDA) I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Coi Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this December 18, 2020 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. Q• ZST'9jZXe of Notary lic) Kimberly A. Scher Printed Name of Notary : ; ! ►''r.t KIMBERLYA SCHER +: fiF,+s W COMMISSION # GG 281617 EXPIRES: Demnber 12, 2022 ,?DF}1o� BOIMed Thru Notary Public Undeimiiera GradyMinor Civil Engineers * Land Surveyors • Planners * Landscape Architects NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002849 Creekside Commerce Park East Mixed Use Subdistrict (GMPA) and P11-20190002850, Creekside Commerce Park PUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Creekside East, Inc. (Applicant) will be held on Wednesday, January 6, 2021, 5:30 pm at Saint Monica's Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sum penhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Creekside East, Inc. has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Amendment. The GMP amendment proposes to revise the Future Land Use Element to create the Creekside Commerce Park East Mixed Use Subdistrict. The plan amendment establishes a maximum of 300 multi -family rental units to be constructed in the 9.9± acre subdistrict, which will be located on the east side Goodlette-Frank Road within the `B' District of the Creekside Commerce Park PUD. The companion PUD amendment proposes to amend the Creekside Commerce Park PUD to construct a maximum of 300 multi -family dwelling units east of Goodlette-Frank Road as a development option. The addition of the residential use is to the `B' District within the PUD. The maximum vehicular trip generation figure in Section 2.16.E has not been revised with the addition of the multi -family residential use because the PUD proposes no change to the previously established trip cap. The Conceptual PUD Master Plan has been modified to show the Creekside Commerce Park East Mixed Use Subdistrict located east of Goodlette- Frank Road. The GMP amendment subject property is comprised of approximately 9.9± acres, located within the Creekside Commerce Park PUD east of Goodlette-Frank Road. The Creekside Commerce Park PUD is comprised of 106± acres, located on the southwest and southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. GMPA (PL20190002049) SUBJECT PROPERTY Immokalee RD W G >. J Creekside PKWY 3 C w m s: O d v � Project Location Map 0 �o PUDA (PL20190002650) SUBJECT PROPERTY eohtBraSs 9 Hp 7o N gN9 v Z W+ l 6 s The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com 12A I THURSDAY, DECEMBER 17, 2020 1 NAPLES DAILY NEWS STATE BRIEFS Man guilty of pretending to be immigration attorney TAMPA - A Florida man has been convicted of pretending to be an attor- ney and filing hundreds of fake immi- gration applications. Elvis Harold Reyes, 56, pleadedgu0ty Tuesday in Tampa federal court to mail fraud and aggravated identity theft, ac- cording to court records. He faces up to 20 years in prison for the mail fraud and a mandatory consecutive 2 years for the identity theft. A sentencing date hasn't been at. Accordingto court documents, Reyes caned and operated EHR Ministries Inc. He portrayed himself as an immi- gration attorney, though he has never had a law license. him taken to a hospital. News outlets reported the man was swimming in the waters off Siesta Key when the attack happened. WTVT reported a woman called on and said the 39-year-old man had been bitten on his hand and arm and was bleeding profusely. She was heard reas- suring him "everything's going to be OK" Sarasota Memorial Hospital spokes- man Kim Savage said a man had been admitted Tuesday and the wound was confirmed to have been a sharkbite, but she said she could not provide any more details on his condition or personal in- formation. Man sentenced to 50 years for stabbing mom to death PALM COAST - A Florida man was sentenced to 50 years in prison Florida man is bitten by shark, Wednesday for stabbing his mother to Walks home bleeding death after he got angry when she threatened to kick him out of the house. SIESTA KEY- A Florida man was bit- Nathaniel Shimmel, 25, pleaded ten by a shark and walked home bleed- guilty to second-degree murder ing where a woman called 911 and had Wednesday after facing a first -degree Red tide found off state's southwest coast; birds sick Brendan Farrington ASSQCI Ea PRESS TALLAHASSEE - Red tide is back in the waters off of Plorida's southwest coast, making birds sick and killing fish, according to a state environmental agency update on Wednesday. While satellite imagery isn't picking up the toxdc algal blooms, the Florida Fish and Wildlife Conservation Com- mission said it's been detected in the waters between Sanibel Island and Marco Island. Officials said recent tests that were done on sea birds alerted officials. "Our first indication ofthis particular event was we had over a dozen comm- rants that came into a wildlife rehab center on Sanibel and we tested blood from those cormorants and all of them tested positive for the red tide toxin," Gil McRae, director ofthe agency's Fish and Wildlife Research Institute, told earn - mission members during a virtual meet- ing. McRae said it was a late season bloom, and that winter weather could likely break it up, but in the meantime the state, local governments and volun- teers are trying to identify what areas am being affected. "We are ramping up every available resource to respond to this red tide," McRae said. "As of right now it doeen t appear to be nearly as large scale as the ones we've seen in the recent past" The toxic bloom overran Florida's southern Gulf Coast in 2018, kfilinghuge numbers offish along with scores of sea turtles and the state's beloved mana- tees. The bloom also causes respiratory irritations in people which, coupled with the stench of rotting marine life, sent manytouristsfieeingbeaches,sea- side attractions and nearbyrestaurants. Red tide is caused by an organism called Kanm a brevis, which occurs nat- urally in the waters off Florida. In an av- erage year, a red tide may bloom in the fall and run its course through the win- ter months. murder charge and the possibility oflife her, but later confessed to the crime de - in prison. scribing the events in vivid detail. On Aug. 23, 2017, Shimmed called 911 and initially said a robber had attacked Associated Press NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002849 Creekside Commerce Park East Mixed Use Subdistrict (GMPA) and PL20190002850, Creekside Commerce Park PUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, RA., representing Creekside East, Inc. (Applicant) will be held on Wednesday, January 6, 2021, 5:30 pm at Saint Monica's Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor. com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminorcom/ planning. Creekside East, Inc. has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan (GMP) Amendment and a Planned Unit Development(PUD) Amendment. The GMP amendment proposes to revise the Future Land Use Element to create the Creekside Commerce Park East Mixed Use Subdistrict. The plan amendment establishes a maximum of 300 multi -family rental units to be constructed in the 9.9z acre subdistrict, which will be located on the east side Goodlette- Frank Road within the 'B' District of the Creekside Commerce Park PUD. The companion PUD amendment proposes to amend the Creekside Commerce Park PUD to construct a maximum of 300 multi -family dwelling units east of Goodlette-Frank Road as a development option. The addition of the residential use is to the'B' District within the PUD. The maximum vehicular trip generation figure in Section 2.16.1- has not been revised with the addition of the multi -family residential use because the PUD proposes no change to the previously established trip cap. The Conceptual PUD Master Plan has been modified to show the Creekside Commerce Park East Mixed Use Subdistrict located east of Goodlette-Frank Road. The GMP amendment subject property is comprised of approximately 9.9x acres, located within the Creekside Commerce Park PUD east of Goodlette- Frank Road. The Creekside Commerce Park PUD is comprised of 106x acres, located on the southwest and southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. Transcript - PL20190002849 Creekside Commerce Park East Mixed Use Subdistrict (GMPA) and PL20190002850, Creekside Commerce Park PUD Amendment (PUDA) January 6, 2021 NIM The meeting was scheduled for Wednesday, January 6, 2021, 5:30 pm at Saint Monica's Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. No members of the public were present or registered through Zoom, therefore the meeting was not held. Page 1 of 1 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20190002849 Creekside Commerce Park East Mixed Use Subdistrict (GMPA) and PL20190002850. Creekside Cufff—mbree Park PUD Amen nt PUDA . 1 3800 Via De[ Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Bonita Springs, Florida 34110 Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF Lee The foregoing instrument was sworn to and subscribed before me this 18th day of August , 2021, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates. P.A., personally known to me or whe- Wised - as identifier and who did not take an oath. CMIN.f.L3YYYER Signature of Not Public W COMMISSION # GG 982367 PP EXPIRES: May 14, 2024 'Epd Fto ` Bonded Thru Notary Public Undenrriters Carin J. Dwyer Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015