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HEX Backup Documents 12/22/2022COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 December 22, 2022 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Andrew.Youn blg oda,CollierCountL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 1211412022 December 2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. BDE-PL20210002681- Request for a 31.47-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 60 feet in width, to allow construction of a boat docking facility protruding a total of 51.47 feet into a waterway that is 480 feet wide. The subject property is located at 52 Southport Cove also known as Lot 44, Southport on the Bay Unit Two, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 B. PETITION NO. PDI-PL20210003207 — Request for an insubstantial change to the Master Plan of Ordinance No. 01-61, as amended, the Mediterra Planned Unit Development (PUD), to re-establish the access point to Veterans Memorial Boulevard from the roundabout intersection of Giardino Lane, Celebrita Court, and Buonasera Court, also known as Tracts R and Q, Mediterra Phase Three East, Unit One subdivision, in Section 12, Township 48 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 C. PETITION NO. PL20220003811 VA — Request for a variance from Land Development Code Section 4.02.03 D to reduce the required accessory side setback from 30 feet to 22 feet on the west property line; and a second variance from Section 5.03.02 C.2.a to increase the required maximum height of a fence from 6 feet to 10 feet for the proposed tennis court to be located at Lot 7, Block K, Pine Ridge Extension subdivision, also known as 89 Mahogany DR, Naples, FL 34108 in Section 3, Township 49 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 2 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 1211412022 -,:I. M M . V ,� a 0 O E E U mumm v a � 0 v � Z E N . Q � as z f W 1� Q Z w Z o CO � o W ry N 0 -LU� m U Z W Q p O Q Z m \ _ �ZZ W ww 1� ¢ ¢ _ (7 = ~ Lu W C7 ~ \ \ �Z w¢ j Z ;�. 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Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Email 1 of 3 Sean, As you know, we represent aggrieved and affected property owners Scott Thompson, Michel Beland and Leon Asadoorian. Our clients have both procedural and substantive challenges and objections to PL20210003207 PDI, and we hereby renew all objections/challenges to the PDI that have been raised to date. Additional objections will be raised at any future HEX hearing based, in part, on the attached documents. Also, our clients will suffer special injuries from a decision on this matter that are different in kind from the rest of the community which include, but are not limited to, reduction in property values, safety/security issues, noise & construction impacts, loss of easement and buffer protections, adverse impact on protected view rights, traffic, etc. Let me know if you need an Affidavit from my clients prior to any HEX hearing to establish standing or if we can stipulate to that. You are hereby notified that our clients are in the process of retaining legal counsel to initiate prompt legal action against the applicant and Collier County, seeking (among other things) to enjoin a hearing on PL20210003207 PDI by the HEX examiner on December 22, 2022 or otherwise pending a decision by the Court on their underlying claims. Our clients are working to get this lawsuit filed on or before December 21, 2022. As such, our clients hereby request a continuance or stay of any HEX hearing on this matter, pending a legal determination by the Court. Finally, please find the attached materials to be included in any HEX hearing report packet and record. Best, z).zz) ;?-z Hex TIV-: m 3 Douglas A. Lewis For the Firm rill; counselors at law Marti ndale-Hubbell' BEST LA�FIRMS Rising 2022 4uPrrt arryrn-tarn ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www. avvo.com/attorneys/34108-fl-do uglas-lewis-12SOOS7. htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic, office visits are made by appointment only. Please call or email to schedule prior to coming into our offices. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated, depending on your comfort level, either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain inforniation that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: Douglas Lewis Sent: Wednesday, July 20, 2022 5:12 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountvfl.gov>; BellowsRay <Ray.Bel lows@colliercountyfl.gov> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate Sean, In follow-up to the below and regarding LDC Sec 10.02.13.E.1.g., the Veterans Memorial right-of-way is located adjacent to and outside of the lands zoned PUD, and this is where the majority of the new pavement area will be located. However, for purposes of LDC Sec 10.02.13.E.1.g., the code looks only at changes made in the Approved PUD ordnance (which does not include the Veterans Memorial right-of-way as part of the PUD boundaries). In that regard, there is new pavement area in Tracts L and Q that will clearly increase stormwater discharges and a SFWMD permit modification. Tracts L and Q are located in sub -basin DA10 per SFWMD ERP 11-01761-P, and the proposed PUD amendment would increase the impervious area (and resulting stormwater discharges) occurring in the PUD sub -basin DA10 from about 12.4 acres to close to 13 acres. Also, can you forward a copy of Master Plan, Ord. 06-61 & PDI Res. 04-11 as referenced by Derek below? I am aware of Ord. 01-61, but not Ord. 06-61. Best, Douglas A. Lewis For the Firm 1 O O LEWIS counselors at law JJAS Marti ndale-Hublaell' + �I LAW FIRM 777r*'- _FS1fhtA�•t�l ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis htta://www.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.avvo. com/attorneys/34108-fl-douglas-lewis-12SO057. htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic, office visits are made by appointment only. Please call or email to schedule prior to coming into our offices. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated, depending on your comfort level, either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the "Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. if you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: Douglas Lewis Sent: Monday, July 18, 2022 6:40 PM To: SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountvfl.gov>; BellowsRay <Ray.Bellows @colliercountyfl.gov> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate Thanks, Sean for your follow-up. I think that Ray is saying that the items in LDC Sec 10.02.13.E.1 are deemed "substantial changes" that trigger a new PUD application that must be approved by the PC and BCC as a PUD Amendment. I am copying Ray and Michael to confirm. E. Changes and amendments there are three types of Changes to a PUD Urdinante. Substantial, insubstant�al, and Minor. 1. Substantial changes, Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission required to submit and process anew application complete with pertinent supporting data. asset forth in the Administrative Code For the purpose of the a. A proposed change in the boundary of the PUD; b, A proposed increase in the total number of dwelling units or Intensity of land use or height of bulldlnp within the development; c A proposed decrease in preservation, conservation, recreation or open spate areas within the development not to exceed 5 percent of the total acres d A proposed increase in the site of area-, used for nonresidential uses, to include institutional, commercial and industrial rand uses (excluding preserva e. A substantial increase in the impacts of the development which may Include, but are not limited to, increases in traffic generation; changes in traffic ci f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generatmn Manual published by the g, A change that will result in a requirement for increased stor mwster retention, or will otherwise increase stormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Elemen permitted lard uses; j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. 5 380.06„ where such ct criterion of F.S § 380.06(19Xe)2, and any changes to a DRIlPUD master plan that clearly do not create a substantial deviation shall be reviewed and ap, k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which Impact(s) any consideration deemed to be a sub I don't see this addressed below, but in addition to LDC Sec 10.02.13.E.1.e and f. mentioned by Ray below, can Michael and Ray comment on the existence of the following? 1. LDC Sec 10.02.13.E.1.a (as required landscaping/buffering will be outside of the lands currently submitted to the PUD. I presume that an easement will be provided by the County to HOA to satisfy the code requirements for the PUD) 2. LDC Sec 10.02.13.E.1.c. (given the proposed decrease in the landscape buffer within the current PUD boundary and proposed conversion of landscape buffer into road right of way/gate uses for lands zoned recreation/open space under the PUD); 3. LDC Sec 10.02.13.E.1.d. (given the proposed relocation of nonresidential land uses under the PUD for Tracts L and Q and with respect to lands zoned recreation/open space under the PUD), 4. LDC Sec 10.02.13.E.1.g. (given the change that will result in increased impervious area and increased stormwater retention/stormwater discharges and the applicants permit filing with the SFWMD) Also, can you forward a copy of Master Plan, Ord. 06-61 & PDI Res. 04-11 as referenced by Derek below? I am aware of Ord. 01-61, but not Ord. 06-61. Have a nice evening. Best, Douglas A. Lewis For the Firm THOMPSON LEWIS L_ counselors at law Marti ndale-Hubbell' BES IT LAW FIRMS tit �FA fF�IE �NIN1 7071 ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 121h Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/`1419349-lawVer.htm http://www. avvo.com/attorneys/34108-fl-douglas-lewis-1250057. htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic, office visits are made by appointment only. Please call or email to schedule prior to coming into our offices. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated, depending on your comfort level, either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm., :PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: SammonSean <Sean.Sammon@colliercountyfl.gov> Sent: Monday, July 18, 2022 4:19 PM To: Douglas Lewis <Doug@tllfirm.com> Subject: FW: Demand Letter - Proposed Mediterra South East Entry Road and Gate Good afternoon Doug, Thank you very much for your consideration concerning the Proposed Mediterra South East Entry Road and Gate. Please see the email chain below for your reference. The link to the LDC section (LDC Sec 10.02.13.E.1.e & f) that Ray is referring to is located here: https://li brary.municode.com/fI/collier county/codes/land development code?nodeld=CH10APREDEKIPR 10.02.00AP RE 10.02.13PLUNDEPUPR Please let me know if you would like to talk more about this and I can schedule a time for you to talk to Ray and myself. Let me know if you have any questions, have a great day. Respectfully, Sean Sammon, Principal Planner Zoning Division - Zoning Services Section Sean.Sammon@CollierCountyFL.gov Phone: 239.252.8422, Fax: 239.252.6350 2800 N. Horseshoe Drive, Naples, FL 34104 +Cofer C ourily Growth Management Depadment Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gVeXivqT. From: BosiMichael <Michael.Bosi@colliercountyfl.gov> Sent: Monday, July 18, 2022 2:43 PM To: BellowsRay <Ray.Bellows @colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov> Cc: PerryDerek <Derek.Perry@colliercountyfl.gov> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate Ray, I agree in processing as a PDI. mike From: BellowsRay <Ray.Bellows@colliercountyfl.gov> Sent: Monday, July 18, 2022 9:30 AM To: SammonSean <Sean.Sammon@colliercountvfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountvfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov> Subject: FW: Demand Letter - Proposed Mediterra South East Entry Road and Gate Importance: High Hi Sean, The PDI process can be used to revise the PUD Master Plan to add an access point onto a collector or an arterial road. A PUD amendment is typically required when the proposed access point is to a local road. Since Veterans Memorial Blvd. is a collector road, the PDI process appears to be appropriate in this case. In addition, a PUDA is only required if the proposed access point doesn't comply with any of the Insubstantial Change criteria noted in section 10.02.13.E of the LDC especially the following provisions. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; Lastly, the County doesn't enforce private covenants and that the Transportation review appears to support a finding that the proposed access point doesn't represent a substantial impact to the traffic circulation system. However, I have copied Mike to see if he would like to discuss this issue given the concern raised by Doug Lewis. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co��r County Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https:/Iaoo.Ql/eXovgT. From: PerryDerek <Derek.Perry@colliercountyfl.gov> Sent: Monday, July 18, 2022 8:53 AM To: SammonSean <Sean.Sammon@colliercountvfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov> Cc: BellowsRay <Ray.Bellows@colliercountvfl.gov> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate Importance: High Sean: This is a staff interpretation issue that you should discuss with Ray and/or Mike Bosi. Master Plan, Ord. 06-61: r r f iW L _ PDI Res. 04-11: ,\ �• �y� Z T. Aga 0 r s �i � � �� • r �� i r �r a r �1�r • � �Iqr r r � �_ 1 ,�\• )� +tea\�� i •*`.,t' ��',;: �Q'00 Y I *�•+ ` .�1t , ti `• •(� � I t � �� tip`\. � ` ,�.'+ti' � "i09M ell Derek D. Perry Assistant County Attorney (239) 252-8066 From: SammonSean <Sean.Sammon@colliercountvfl.gov> Sent: Friday, July 15, 2022 1:07 PM To: PerryDerek <Derek.Perry@colliercountvfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov> Subject: FW: Demand Letter - Proposed Mediterra South East Entry Road and Gate Importance: High Good afternoon Derek and Heidi, When you have time, can you please help me with this? I'm a little confused with what Douglas Lewis is communicating to me regarding the Entry Road & Gate for PL20210003207 PDI. I believe Doug is referring to Ordinances that have been repealed and are basing this on whether they have a right to build the access entrance. Can you help offer guidance on this and if he's correct and the best way to respond back to him? I'm leaving now so I will be out this afternoon but I will be back Monday morning. I haven't responded yet to him. The attached "Letter.pdf' was their original correspondence before the NIM this past Wednesday (July 131h) night. Please let me know how to proceed with this, thank you and have a great weekend. Respectfully, Sean Sammon, Principal Planner Zoning Division - Zoning Services Section Sean.Sammon@CollierCountvFL.gov Phone: 239.252.8422; Fax: 239.252.6350 2800 N. Horseshoe Drive, Naples, FL 34104 C;QP6Y C074'i t Growth Management Department Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.pl/eXivgT. From: Douglas Lewis <Doug@tllfirm.com> Sent: Thursday, July 14, 2022 7:35 PM To: SammonSean <Sean.Sammon@colliercountvfl.gov>; Justa Fernandez <iernandez@tllfirm.com> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Sean, It was nice meeting you last night at the NIM. The representative of the applicant made some statements pertaining to East Mediterra and the history of the gate, as the gate is now being proposed or identified in the current, proposed location. Regarding the same, please note the following: The current PUD for Mediterra is Ord. 01-61, as adopted by the BCC on November 13, 2001 (the "Current PUD"). I have also reviewed the prior PUD documents for Mediterra, as follows: 1. Ord. 99-41 as adopted by the BCC on June 8, 1999 ("Original PUD"); and 2. Ord. 2000-36 as adopted by the BCC on May 23, 2000 ("First Amended PUD") Both the Original PUD and the First Amended PUD do not include the 200 + acres of land for East Mediterra. As such, no gate was ever proposed or identified in the current proposed location in either the Original PUD or First Amended PUD. In fact, the Original PUD contained an Exhibit C PUD Master Plan that expressly identified the location of project and construction access entries for West Mediterra. However, the First Amended PUD removed the identification of project and construction access entries on the Master Plan exhibits. Like the First Amended PUD, the Current PUD does not identify project and construction access entries on the Master Plan exhibits. That being said right-of-way identifications (ROW) exist in the Master Plan documents attached to the Original PUD, First Amended PUD and Current PUD, but no gate was ever proposed or identified in the current proposed location in either the Original PUD, First Amended PUD or the Current PUD. Further, a new permanent east entry road and gate is 10 not a permitted use and structure, under the current PUD zoning and all prior PUDs for Mediterra, of the lands that the Association now seeks to improperly develop as such. Further, the initial Plat for East Mediterra (per the Mediterra Phase Three East, Unit 1 Plat) was approved by the BCC in April of 2003 and shows no gate as being proposed or identified in the current proposed location. In fact, the Plat creates a Tract L and Q and landscape buffer easement in the very locations where the Association now seeks to create a new roadway, gate and related improvements. All of the homeowners in East Mediterra purchased/bought in Mediterra after April of 2003 and all owners in East Medierra purchased in reliance on the protections afforded them by right under the PUD, Plat and Restrictive Covenants for Mediterra, as such are described in my letter dated July 13, 2022. In follow-up to the same, please advise whether or not staff has determined whether the current PDI (PL20210003207) will be cancelled on the basis that the LDC requires the applicant to submit a PUD amendment for its proposed and substantial changes to the PUD and the permitted uses of lands governed by the same. Best, Douglas A. Lewis For the Firm A; THOMPSON LEWIS JL counwlors or last Marti ndale-Hubl}ell' BEST LAW FIRMS lb Rising Stars ! _ _ to D�qlax A Lewis Professional Adiievement 2022 4in: �•rt a.royen rum ** Our office has moved. Our new address is 745 12th Ave. South, Suite 105, Naples, FL 34102** 745 12th Ave. South Suite 105 Naples, Florida 34102 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com Website: www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis htta://www.martindale.com/Douelas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attorn eys/34108-fl-do uglas-lewis-1250057. htm I Licensed to practice law in Florida, Texas and Washington DC Due to the pandemic, office visits are made by appointment only. Please call or email to schedule prior to coming into our offices. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated, depending on your comfort level, either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time It Thompson Lewis Law Firm, PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. if you have received this communication in error, please pe►7nanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: SammonSean <Sean.Sammon@colliercountyfl.gov> Sent: Wednesday, July 13, 2022 4:07 PM To: Justa Fernandez <iernandez@tllfirm.com> Cc: Douglas Lewis <Doug@tllfirm.com> Subject: RE: Demand Letter - Proposed Mediterra South East Entry Road and Gate Good afternoon Ms. Fernandez, Thank you for submitting the demand letter concerning the proposed Mediterra South East Entry Road and Gate (PL20210003207-PUDA). Your comments will be part of the public record which is considered by staff, and the CCPC and BCC. Public letters of opposition/support are included as attachments in the staff reports to the CCPC and BCC. Feel free to call me with any questions. Respectfully, Sean Sammon, Principal Planner Zoning Division - Zoning Services Section Sean.Sammon@CollierCountyFL.gov Phone: 239.252.8422; Fax: 239.252.6350 2800 N. Horseshoe Drive, Naples, FL 34104 Cattier Caunt Growth Management Depertrrment Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://poo. pl/eXjvgT. 12 From: Justa Fernandez <jfernandez@tllfirm.com> Sent: Wednesday, July 13, 2022 3:16 PM To: SammonSean <Sean.Sammon@colliercountvfl.gov> Cc: Douglas Lewis <Doue@tllfirm.com> Subject: Demand Letter - Proposed Mediterra South East Entry Road and Gate EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please see attached Kind regards, c4wea fe1,7ayAz Processor BEST _ LAW FIRMS 745 12th Ave. South, Suite 105 Naples, Florida 34102 Phone: (239) 316-3006 Facsimile: (239) 307-4839 Website: www.tllfirm.com E-Mail: jfernandez@tllfirm.com Due to the pandemic, office visits are made by appointment only. Please call or email to schedule prior to coming into our offices. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the assigned paralegal and will be facilitated, depending on your comfort level, either in the office or outside in the breezeway or via mail away. We wish everyone good health and safety through this challenging time. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 13 T1L counselors at law ,lulu 13.20" VIA EMAIL: rodneN a rkhase,com & REGULAR US ;MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. RodneN Chase, Board President 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL: billbla mediterraca.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Bill Bo%%den, General Manager 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL & RIA"t LAR US MAIL & CERTIFIED N1 k I L. RETURN RECEIPT REQUESTED Mr. Thomas 13. 1laii, L-,y.. Registered Agent 1625 Hendrti Street Fort Myers, FL. 33901 AND VIA EMAIL: BSrukh a m-da.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MORRIS DEPEW ATTN: Mr. Ben Smith, AICP 2914 Cleveland Ave Fort Myers. Fl_ 33901 i r4; 121, 1� F�uF �� uFrrr "lnF1 to; \ wi r 11 34102 239.316.3006 OFFICE 239.307.4839 FACSIMILE l (2IIt1 I l IF IRNI CCIM RE Demand Letter - Proposed Mediterra South East Entry Road and Gate: PL 20210003207 (PUD Amendment) and P1.20220004544 (Plat Amendment Application for "Tract "Q Mediterra Phase Three East. Unit One) Dear Mediterra Community Association, Inc.: This firm has recently been represented to represent Scott Thompson. Michel Beland and Leon Asadoorian, residing at 16477. 16469. and 16473 Celebrita Court. respecti%ek. 4,%wxs.111firm.tom We have completed a cursory review of PL20210003207 and PL20220004544 (collectively, the "Proposed Project"), and we continue to evaluate the proposed Mediterra South East Entry Road and Gate. As such, we reserve the right to make further objections/Claims based on the same. In the meantime, we respectfully request that said applications for the Proposed Project be withdrawn based on the following initial findings: Our clients purchased their homes at the rear of the community and adjacent to the platted Iandscape buffer easements in reliance on the protections afforded them under, for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida, as amended (the "ECR" ); Regarding the PUD, the Proposed Project is located within Iands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation. In fact, the PUD only permits "temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the PIat; Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project; and • Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4.Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promoted the user and enjoyment of such areas as open space" Our clients purchased their homes in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. We look for%Nard to receipt of %%ritten assurances from the Association that the applications for the Proposed Project %ill be promptly �Nithdra»n. Additionally. this letter shall be deemed a Claim pursuant to Section 14.4 of the ECR. as this letter provides the nature of the Claim, the legal basis for the Claim, and Claimants' proposed remedy. We also hereby confirm that our clients stand ready. N%illing and able to meet %%ith you to discuss in good faith Nays to amicably resolve the Claim. In dw meantime. should you hay e am questions \%hatsoever, please feel free to contact me. Best. Very trul yours. DoUglas A.:uWis For the Firm cc: Mr. Scott Thompson Mr. Michel Beland Mr. Leon Asadoorian Mr. Sean Sammon (via email: sear.sammonrmcolliercountyfl.gov_) ! ORDINANCE NO.01- 61 } L too m AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE v COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR COUNTY,THE UNINCORPORATED AREA OF COLLIER 9tir6£t FLORIDA BY AMENDING THE FFICIIAL ZONING ATLAS AP NUMBERED 851112; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL, "A-ST" AGRICULTURE WITH SPECIAL TREATMENT OVERLAY AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MEDITERRA PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE FUTURE LIVINGSTON ROAD BOULEVARD AND APPROXIMATELY ONE MILE WEST OF 1-75, IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1168+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-36; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, AICP of WilsonMiller, Inc., representing Long Bay Partners, L.L.C., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Seiiipqs Ll-,and 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "A-ST" Agriculture with Special Treatment Over'ay and "PUD" to "PUD" Planned Unit Development in accordance with the Mediterra PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 851112, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 2000-36, adopted on May 23, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Z.� day of2001. A- MST BROC , LERK A�ttas "r� to Chairman-3 00stvre only. Approved as to Form and Legal Sufficiency Maijori6IM. Student Assistant County Attorney RBlcw BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES . CARTER, Ph.D., CHAIRMAN This ordinance filed with the SecrWwry of S.ttate,'s Office the 19:n day of Alf, Hsu_ and acknowledgement that fill ne;eived this day of 1 B v+wn cwt -2- MEDITERRA !z7 PLANNED UNIT DEVELOPMENT Approximately 1168f Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A DATE FILED 2/17/99 DATE APPROVED BY CCPC 5/20/00 DATE APPROVED BY BCC 6/8/99 ORDINANCE NUMBER 99-41 DATE AMENDMENT FILED 2/18/00 DATE APPROVED BY CCPC 5/4/00 DATE APPROVED BY BCC 5/23/00 ORDINANCE NUMBER 2000-36 DATE AMENDMENT FILED 3/5/01 DATE REVISED BY COLLIER COUNTY 9/15/01 DATE APPROVED BY CCPC DATE APPROVED BY BCC / /3� ORDINANCE NUMBER oZ , -. WOMI. 5MG v.r. 10& A wWns CAM 0M4-W7-001- E38W 22M m TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL DISTRICT SECTION IV VILLAGE CENTER SECTION V RECREATION and OPEN SPACE DISTRICT SECTION VI PRESERVE DISTRICT SECTION VII GENERAL DEVELOPMENT COMMITMENTS SECTION VIII CROSS JURISDICTIONAL PROVISIONS EXHIBIT A MEDITERRA MASTER PLAN (Collier County) (WilsonMiller File No. D-2934-54) ♦rd&2001- 52ON Ver. 10A- IUankkr CAW7 02034-007.001- ESBw 22m STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Long Bay Partners, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 1168f acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in 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 growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population growth in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.64 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies with the FLUE Density Rating System. 1.3 The Village Center District is consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 1.4 Mediterra is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3. l .H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This ordinance shall be known and cited as the "MEDITERRA PLANNED UNIT DEVELOPMENT ORDINANCE". iii &S=I-Stow VW. 1W AJW**n CAAO 02031-007-001- ESBW 229SU 1-1 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 Mediterra, and to describe the existing condition of the property proposed to be developed. Mediterra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION The north half (N'/2) of the west half (WV,) of the west half (W%z) of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 80.57 acres more or less. and; North %2 of the north %2 of the northwest ''/4 of the southwest'/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or less. and; North %2 of the south %2 of the northwest '/4 of the southwest '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or Iess. and; The south %2 of the north %2 of the northwest '/. of the southwest %4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. containing 10.09 acres more or less. and; The south %2 of the south %2 of the northwest '/4 of the southwest '/. of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. containing 10.09 acres more or less. and; The Southeast %4 of the Southwest %4, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; CAw3 02 04-007-Wi- ESBW 2209 1-2 The Southeast'/4 of the Northwest %,; The Southwest !/4of the Northeast %a; The Northwest '/4 of the Southeast '/4; and the Northeast '/. of the Southwest '/a; Less the North %2 of the Southwest'/4 of the Northeast''/4 of the Southwest %4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 195 acres more or less. and; The North %2 of the Southwest '/4, of the Northeast '/4 of the Southwest %4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 5 acres more or less. and; The Northeast '/4 of the Northwest '/a and the Northwest %4 of the Northeast '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. containing 80.40 Acres more or less. and; A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner of the southwest '/4 of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52'07" West along the east line of said southwest''/4 of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07" West along the east line of the southeast'/4 of the northwest '/4 of said Section 12, for a distance of 1316.77 feet to the northeast corner of the southeast '/4 of the northwest '/4 of said Section 12; thence run South 88°54'06" West along the south line of the southeast'/4 of the northeast '/4 of the northwest '/4 of said Section 12, for a distance of 662.28 feet to the southwest corner of the southeast '/4 of the northeast %4 of the northwest '/4 of said Section 12; thence run North 00°50'22" West along the west line of the southeast '/4 of the northeast '/4 of the northwest '/4 of said Section 12, for a distance of 658.71 feet to the northwest corner of the southeast '/4 of the northeast '/4 of the northwest %4 of said Section 12; thence run North 88°55'45" East along the north line of the southeast '/4 of the northeast '/4 of the northwest '/4 of said Section 12, for a distance of 661.95 feet to the northeast corner of the southeast '/4 of the northeast %4 of the northwest '/4 of said Section 12; thence run North 00°52'07" West along the east line of the northwest %4 of said Section 12, for a distance of 658.39 feet to the northeast comer of the northwest '/4of said Section 12; thence run South 88°57'20" West along the north line of the northwest '/4of said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest %4 of said Section 12; thence run South 00°45'07" East along the west line of the northwest '/4 of said Section 12, for a distance of 1319.36 feet to the northeast corner of the southeast '/4 of the northeast '/4of Section 11, Township 48 South, Range 25 East; 4r25rMI-82ote ver iaw-AJenkft CAOM3 =34-007-Wl- ESBM- 22060 1-3 thence run South 88054'42" West along the north line of the southeast %4 of the northeast '/4 of said Section 11, for a distance of 1325.63 feet to the northwest corner of the southeast %4 of the northeast '/4 of said Section 11; thence run South 00°45'23" East along the west line of the southeast '/4 of the northeast '/4 of said Section 11, for a distance of 1320.39 feet to the southwest corner of the southeast '/4 of the northeast '/4 of said Section 11; thence run South 0°45'04" East along the west line of the northeast '/4 of the southeast '/4 of said Section 11, for a distance of 1321.73 feet to the southwest corner of the northeast '/4 of the southeast''/4 of said Section 11; thence run South 88°46'37" West along the north line of the southwest'/4 of the southeast %4 of said Section 11, for a distance of 1325.33 feet to the northwest corner of the southwest '/4 of the southeast '/4 of said Section 11; thence run South 00°45'39" East along the west line of the southwest '/4 of the southeast '/4 of said Section 11, for a distance of 1323.80 feet to the southwest corner of the southeast %4 of said Section 11; thence run North 88°41' 15" East along the south line of the southeast'/4 of said Section 11, for a distance of 2650.25 feet to the northwest corner of Section 13, Township 48 South, Range 25 East; thence run South 00°43'28" East along the west line of the northwest '/4 of said Section 13, for a distance of 675.60 feet to the southwest corner of the northwest '/4 of the northwest %4 of the northwest '/4of said Section 13; thence run North 88°38' 13" East along the south line of the northwest '/4of the northwest '/4 of the northwest '/4 of said Section 13, for a distance of 664.12 feet to the southeast corner of the northwest '/4 of the northwest '/4 of the northwest '/4 of said Section 13; thence run North 00°41'49" West along the east line of the northwest '/4of the northwest '/4 of the northwest '/4 of said Section 13, for a distance of 675.07 feet to the northeast corner of the northwest '/4of the northwest '/4 of the northwest '/4 of said Section 13; thence run North 88041'00" East along the south line of the southwest''/4 of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest'/4 of the Northwest'/4 of the Northwest'/4 of said Section 13. containing 472 acres more or less. and; The Northeast''/4 of the Northeast'/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 containing 40 acres more or less. and; The North %2 of the North %2 of the Southwest '/4 of the Southwest %4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; 4rdS)Ml- 52040 VW.. 10A- AJerWM C�3 02074-007-001- ESMA- 22960 1-4 The South '/2 of the North %2 of the Southwest '/4 of the Southwest '/a of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North '/2 of the South %2 of the Southwest '/4 of the Southwest '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North '/2 of the Southeast '/a of the Northeast '/a of the Northwest '/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; The South %2 of the Southeast '/4 of the Northeast '/4 of the Northwest '/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast corner of said Section 12; thence along the south line of said Section 12, South 88°40'22" West 2657.64 feet to the south '/4 corner of said Section 12; thence leaving the south line of said Section 12 along the north -south 1/4 line of said Section 12, North 00°51'30" West 1315.48 feet; thence continue along said line North 00°51' 12" West 1316.19 feet to the center of said Section 12 and a point hereinafter referred to as Point "A"; thence along the east -west '/4 line, North 88°51'44" East 1160.07 feet; thence leaving said east -west '/4 line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida, North 00°53'36" West 657.34 feet to a point of the south line of the North '/2 of the SW %4 of the NE '/4 of said Section 12; thence along said south line, North 88°54'36" East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88°54'36" West 1325.19 feet to the north-south'/4 line of said Section 12; thence along said north -south 1/4 line, North 00°50'59" West 628.30 feet to the northwest corner of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida and a point hereinafter referred to as Point "B"; 4rArM,- 52066 vim: ,a►. win C�A 02994-W-001- E59M. 22950 1-5 thence along the north line of said land, North 88055'21" East 1324.63 feet to the northwest corner of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21" East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00°57'34" East 657.27 feet; thence continue along said line South 00°58'26" East 656.84 feet to the east -west 1/4 line of said Section 12; thence along said line North 88*51'44" East 264.89 feet to the east '/4 corner of said Section 12; thence along the east line of said Section 12, South 00'59' 11" East 2622.86 feet to the Point of Beginning of the parcel herein described Containing 213.71 acres more or less 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of, or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. Mediterra is an in -fill project to be developed on 1696 acres located west of I-75 in north Collier County and south Lee County. Approximately 1168 t acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. B. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shown on Exhibit "A". C. The zoning classification of the subject property at the time of PUD application is Agricultural and Agricultural with ST overlay and PUD. D. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The Project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191 D, and 0195D, dated June 3, 1986). E. According to the Collier County Soil Survey prepared by MRCS, 14 soil units are present on the project site. These units, all of which are common to Collier County 4I25r'%1. 52040 Vs - 10A- AJ..kkn C.N43 029U-007-001- ESBM- 2MG 1-6 and southwest Florida, include the following: Malabar fine sand; Riviera -limestone substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand -limestone substratum; Basinger fine sand; Riviera fine sand -limestone substratum; Boca fine sand; Boca/Riviera-limestone substratum/Copeland fine sand, depressional; Holopaw fine sand; Urban land-HolopawBasinger complex; Satellite fine sand; Urban land -Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine flatwoods with graminoid subcanopy, cypress -pine -cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine flatwoods, pine graminoid and pine -cypress -cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. F. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas (June 1998). 1.5 DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Department of Community Affairs (DCA) determining that the project is not a DRI and will result in no regionally significant impacts. At the time the binding letter was received, the project was known as Toulon. 1.6 DENSITY A. Mediterra is to be developed on 1,696 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore, will be a maximum of 0.56 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. ML MI. 5MG Ve I AJenkWa cwa 02i N-WT.001. ESBW ZM9 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2-1 The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Mediterra, a private golf course community, will include a range of single family and multi -family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D- 2934-54). A Land Use Summary indicating approximate land use acreages is shown on the 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 LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mediterra 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 to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. 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. 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, and the Developers Contribution Agreement dated February 17, 1998, as amended, with respect to road impact fee credits and the vesting of Certificates of Public Facilities Adequacy. dS12001- 6204E Ver 108- AJ&Akr 02934.007-001- ESBU- 22050 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. H. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominium/townhouse in accord with definitions of the applicable impact fee ordinance. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. LBP may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. Such 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 would be constructed, managed and financed by such a 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 Mediterra. 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 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. LBP retains the right to establish gates, guardhouses, other access controls, signs and monuments 4f26=1- 52046 VM' 10A- A or kW* O2934-007.001- ESBW 22059 2-3 as may be deemed appropriate by LBP on all privately owned and maintained project roadways. A. Roadways within Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way width to be utilized for a local street within Mediterra shall be forty (40) feet. 2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. LDC Section 3.2.8-4-16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five (55) feet. B. Sidewalks/bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: 1. LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a minor collector street and shall have an eight -foot (8') wide pathway on one side of the street that will meander in and out of the right-of-way. 2. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a sidewalk or bikepath on one side of the street. 3. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the right-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than two (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non -mountable (barrier) curb to the edge of water. Upon approval by the Community Development and Environmental Services Administrator, equal substitutes to non -mountable 4125r"l. 52M4 vr. 100-^jar*W4 CJ 3 02D34-007-001- ESBIJ- 22"9 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. B. Upon receipt of a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Excavation for Livingston Road construction north of Immokalee Road and off - site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. 2.7 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that five (5) dry models shall be allowed within each development tract, and the temporary use permit shall be valid through the buildout 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. I OD-6, and may use potable or irrigation wells. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 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 425=1.5204E vr. 10A-A enkks CAw 02971-007.001- ESBW 22959 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. 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 Mediterra 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 adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 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, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. 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. D. 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. 412Y2991. 5201E VW 10A-AJrth{ awl 929U-907-001. ESBM- 22959 2-6 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10% as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm. C. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.7 and may be located five feet (5') from project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights- 445MMI. 52046 Vr. 10A• AJer*ku CAM7 92934-M-OM-ES13W 22959 2-7 of -way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements as approved by the Mediterra Design Review Team. G. Landscape berms located within the Mediterra 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 right-of-way line. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/fanned or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on -site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Fill storage areas in excess of ten feet (10') 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). D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 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 or control, as set forth in the LDC, Section 2.2.20.2.3. B. Mediterra is planned as a private, functionally interrelated community under unified control. LBP has established community -wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, MA=1. 52010 v.r. ,w- Arawrr CAM 02074-007.001- ESBW 22959 2-8 signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. To further ensure that the Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which generally serve LBP and residents of Mediterra and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. 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. Septic system for remote golf shelters 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. 8. Temporary construction, sales, and administrative offices for LBP and LBP's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 4Q&W01-SMS vr. 1w-AJenOM caw 0=4-007.00i. ES%& 22059 2-9 9. Landscapethardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. 11. 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. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty-five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development standards, are to be in accordance with the applicable LDC provision in effect at the time this PUD is approved. 4rI5=t- 5201E Vw- JQA- AJ9r*J a CAM E204-007-001- ESBW 22969 2-10 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 646 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right -of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements with the approval of the Mediterra Design Review Team. B. BOUNDARY MARKERS One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community, and the insignia or motto of the development. 4rWWt• 3201E VK 10A- AJW*ft CnW 02&U-W'/.001• ESBW 22M 2-11 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from Livingston Road rights -of -way and any perimeter property line shall be 5 feet. C. PROJECT ENTRANCE SIGNS 1. Three ground or wall -mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. _ 3. The setback for the signs from Livingston Road rights -of -way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. TEMPORARY SIGNS l . Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Livingston Road rights -of -way and any perimeter property line shall be 5 feet. 4r2M 01.52046 v.r. 10A- . 0203/-007-001- ESSJk 22969 2-12 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build -out. 6. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: LBP may display on -site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. E. CONSTRUCTION ENTRANCE SIGNS Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. F. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 4rA2=- 52040 V.r. 10A- AJenkks CA..3 02831-007.001- ESBW 2295E 2-13 LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. G. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 4*51=1.620" VW. IDA-AJW"W CAM 02934-007.001- ESOW 22959 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE 3-1 The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 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. Principal Uses: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi -Family Dwellings 5. Guest Houses 952001. 52046 Va. 10B-AJa*im UMJ 02991-007-001- ESSM- 22959 3-2 6. Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district including neighborhood community recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi -family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Mediterra design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by LBP, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, 4125l2001. 52046 Vef. 10A- AJenkim "Wa 02034-007-001- ESSM- 22069 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of the request for connections. 4/2512001. 52046 Vary 10A. AJenkim 1A.3 02934-007-001- ES©M- 22950 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY DUPLEX & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI FAMILY DWELLINGS Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback (Principal and Accessory) 20 20*3 12/20*3 12/20*3 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback"? (Principal) 10 5*8 10 10 .5 BH Rear Yard Setback* (Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 40 35 35 35 50 Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BII: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical build.. configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lots shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within I foot of the right-of-way line. With approval from LBP, front yards shall be measured as follows: A. If the parcel is served by a public right -of --way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 toot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,5W S.F. for a total minimum lot area of 7.000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 -"Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 fool separation between principal structures is nwintaincd. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from LLBP Design Review Committee, the setback from the twenty foot (20') lake maintenance easement for principal structures may be zero feet ('0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lake may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Comm, and Project Plan Review 00542601-521146 Vnr, 100-A.foikins CAW] 02934-0W-001- ESBM- 22959 SECTION IV VILLAGE CENTER 4.1 PURPOSE 4-1 The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "Village Center." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area of non-commercial uses as listed below, and 20,000 square feet floor area of commercial uses as listed below, may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 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: l . Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. 5. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 6. Public administration facilities. &5f2001- 52W Vec 10B- AJenkm GAM] 02971-007-001- ESBM- 22959 4-2 7. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 8. Temporary construction access roads. 9. Commercial banks - drive -through facilities are prohibited (Groups 6021- 6029) 10. Real estate agents and managers for property within PUD only (Group 6531) 11. Hardware store only - 2,500 sq./ ft. maximum floor area (Group 5251) 12. Variety stores - 2,500 sq. ft. maximum floor area. (Group 5331) 13. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 sq. ft. maximum floor area (Group 5399) 14. Grocery stores, except frozen food and freezer plans - 10,000 sq. ft. maximum floor area (Group 5411) 15. Fish, meat, and seafood markets only (Group 5421) 16. Fruit and vegetable markets (Group 5431) 17. Retail bakeries (Group 5461) 18. Health food store only - 2,500 sq. ft. maximum floor area (Group 5499) 19. Gasoline service stations, except truck stops (Groups 5541) 20. Apparel and accessory stores - 2,500 sq. ft. maximum floor area (Groups 5611-5661) 21. Record and prerecord tape stores (Group 5735) 22. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive -through facilities (Group 5812) 23. Liquor stores (Group 5921) 24. Gift, novelty, and souvenir shops (Group 5947) 25. Sewing, needlework, and piece goods stores (Group 5949) M512001. 52046 Ver. 1a- A-W*ku uw] 029344)07.001. ESBW 22950 4-3 26. Florists (Group 5992) 27. Agents for laundries and dry-cleaner only (Group 7212) 28. Coin -operated laundries and dry-cleaning (Group 7215) 29. Diaper service, and garment alteration and repair shops only (Group 7219) 30. Beauty shops, except beauty schools and cosmetology schools (Group 7231) 31. Barber shops, except barber colleges (Group 7241) 32. Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299) 33. Housekeeping and maid service only (Group 7349) 34. Video tape rental (Group 7841) 35. Physical fitness facilities (Group 7991) 36. Offices and/or clinics of physicians, and offices and/or clinics of dentists (Groups 8011-8021) 37. Offices and clinics of chiropractors (Group 8041) 38. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center District. 4.5 DEVELOPMENT STANDARDS 4r25r2WI_$204E Ver. 10A•AJw*wd C w3 029U-007-001- ESBM 22050 4-4 A. Minimum Yard Requirements: 1. Front Yard: Principal Structure - Twenty feet (20') minimum or one-half the building height, whichever is greater. Accessory structure - Ten feet (10'). 2. Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). 3. Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure - Five feet (5'). 4. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). D. Commercial uses shall be located a minimum of two hundred and fifty feet (250') from the perimeter boundaries of the PUD and the nearest external roadway providing access to the PUD. E. Commercial uses shall be located within a 1/3 mile radius of at least 80% of the _ residential units that are east of Livingston Road North -South. F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required I. Maximum floor area ratio for commercial uses - 0.25 I Minimum lot or parcel area - None required K. Minimum lot width - None required L. Parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of building area. M. Standards for landscaping, architecture, and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4r25=1- 52046 Vs: WA- Aj*nWM CAM 02934•007.001. ESBW M59 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE 5-1 The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R/O". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community -related ancillary uses and essential services. 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 Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis, health and fitness, swimming and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. 8. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" District. 6372001- 52046 V W: 108- Menknc W 3 02M4-007-001- ESSW 22959 5-2 B. Permitted Uses And Structures Within Archaeological Site I. Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro -shops, practice areas and ranges, golf cart bams, rest rooms, shelters, snack bars. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of ten feet (10') from "R/O" District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (%) the height of the structure. B. Accessory structures shall set back a minimum of five feet (5) from "R/O" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and .a512991.620E Vwr 10A-Ajw*ku un3 02MCW7.001- ESEM- 22969 5-3 residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (%) the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Sixty-five feet (65'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra design development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. L. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 1 OD-6 F.A.C., and may use potable and irrigation wells. + MMI- 5204e VW. ,OA- R @r*Jm �3 02734-007-001- ESBW 229% SECTION VI PRESERVATION AREA 6.1 PURPOSE 6-1 The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra designated on the Master Plan, as Preservation Area. 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 6.3 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 Principal Uses and Structures 1. Boardwalks golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Meditcrra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. &5=01- 52046 Ve. 100- AJ.nkh3 Cu 3 02034.007-001. ESSW 22959 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE 7-1 The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL A. All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North -South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "A", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of &WWI•52W V.r. IM AJ&r lns a2ws"M-001• ESBW 2MQ 7-2 the project for the construction of Livingston Road (North/South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the Project for the construction of Livingston Road (East-West). D. It is acknowledged that the cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Within 180 days of the adoption of the PUD Ordinance by the Collier County Board of County Commissioners, the developer shall convey by warranty deed a 200-foot wide right-of-way along the southern property boundary, east of Livingston Road North/South, for the construction of Livingston Road East/West. The developer shall receive impact fee credits pursuant to the Collier County Consolidated Impact Fee Code Provisions as set forth in Section 74 of the Collier County Code of Laws and Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land Development Code. F. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as -built survey of the utilities will be required and shown on the record drawings. 4aa2661. 62M Vw. 104. A **Jm 02934A07.001. ESWA- 22MQ 7-3 E. Landscaping and . sidewalks will be allowed within the right-of-way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above -ground improvements or landscaping installed by LBP within the R.O. W./C.U.E. The aforementioned costs shall be the sole financial responsibility of LBP, its successor and assigns. This clause will be shown within the homeowners' association documents and on the construction plans. F. The County owned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable water services, where necessary. G. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit `D', Section A. H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the BOC. The minimum distance from the BOC to the right-of- way line will be S feet. Reference the typical cross-section attached as Exhibit `D', Section B. I. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet off the BOC and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Reference the typical cross-section attached as Exhibit `D', Sections C & D. J. The County owned potable water distribution system will be allowed to connect to the Collier County potable water transmission system along the Livingston Road (East- West) corridor, if necessary, to enhance pressures and chlorine residuals within the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized access in areas where there is not paved access adjacent to the County owned potable water main. N951l001-62046 v r. toy-Auskrs CAW 029 4-007.001-ESSM. 22959 7-4 K. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the design, permitting and construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier County Line. L. Irrigation water will be provided with a separate non -Collier County owned distribution system supplied by on -site wells, reclaimed water and/or other non -potable sources. 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. The applicant is allowed to not provide 10 percent littoral zone planting within every lake provided that compensatory littoral plantings are provided in other interconnected lakes within the Project phase. The applicant will provide the required total littoral zone plantings that would be required for the Project. 7.7 ENVIRONMENTAL A. The Collier County `ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. C. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy Collier County on approved permits. D. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. Ore MI- 5204E VW. la.' AJ.,*I s 02634-007-Wl- ESBM- 22959 7-5 E. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assigns, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. F. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. G. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected wildlife species. H. The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. 4r252001- 5291E Var. t0A- A.lankw GYI7 02934.007.001. ESBW 22959 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8.1 PURPOSE 8-1 The purpose of this Section is to address and resolve potential inter jurisdictional issues related to Mediterra PUD resulting from its location in both Collier and Lee Counties, pursuant to meetings and coordination between staff of both Counties. 8.2 ADDRESSING A. As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Mediterra is located within Collier County and therefore mail for the entire project will be delivered by the Naples Post Office. B. As to streets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties, LBP shall select the names of internal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadway before requesting either county to assign street addresses or numbers to lots or parcels located on such internal roadways. C. Collier County and Lee County representatives have agreed to work cooperatively to ensure the assignment of consistent street names and addressing on all internal roads crossing the County boundary. 8.3 EMERGENCY MANAGEMENT SERVICES A. Fire suppression, law enforcement and emergency medical services shall be the responsibility of the county entity or service provider having jurisdiction over particular parcel or lot. 8.4 UTILITIES A. The plans for utilities serving the Mediterra PUD will be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. 8.5 DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Collier County Land Development Code and the Lee County Development Standards Ordinance. For OW001- 52046 VK 10B- AJenkm p 3 029U-007-001- ESBM- 22950 M►J subdivision improvements and/or golf courses that are located within both counties, the following will apply: A. For the portion of the subdivision improvements and/or golf course located within Collier County, the development plans and plats will be submitted to Collier County for review and approval. Likewise, for the portion of the same subdivision improvements and/or golf course located within Lee County, the development plans and plats will be submitted to Lee County for review and approval. B. Approval of subdivision improvements and/or golf course improvements within the jurisdiction of one County will not be contingent upon the review and approval of the County not having jurisdiction over the improvements. 8.6 PLATTING A. Individual residential lots shall be planned so that they are located in one county or the other. B. Plats for the Mediterra PUD shall be approved and recorded by each County for land located within its jurisdiction. C. Building permits for lots in one county within a platted subdivision severed by the county boundary shall not be issued by that county until the remaining portion of the subdivision located in the other county has been approved and recorded in accordance with the respective county subdivision plat ordinance and land development code. 4f25=I-520" VW. t046-AJenkkr CAM 020344)07.001. ESBU- 22969 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2001-61 Which was adopted by the Board of County Commissioners on the 13th day of November, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of November, 2001. DWIGHT E. BROCK Clerk of Courts.,..' Ex-officio to Bo�LrCb'y, X "� County Commissiene�rsi" �.*.,. 3,'. - d By: Ellie Hoffman, Deputy Clerk PDI RESOLUTION NO. 04 —_j_ RELATING TO PETITION NUMBER PDI-2004-AR-5337 FOR INSUBSTANTIAL CHANGES TO MEDITERRA PUD MASTER PLAN FOR PURPOSE OF THE REMOVAL OF THE ENTRY ROAD CONNECTION TO THE FUTURE EAST -WEST LIVINGSTON ROAD AT THE SOUTHEAST CORNER OF THE PROPERTY AND THE ADDITION OF AN OPTION OF RESIDENTIAL DESIGNATION (R) TO THE VILLAGE CENTER DESIGNATION (VC) EAST OF NORTH -SOUTH LIVINGSTON ROAD. THE MEDITERRA PROJECT IS LOCATED WITHIN LEE AND COLLIER COUNTIES, HOWEVER THE PUD JURISDICTION APPLIES ONLY TO THE PROPERTY LOCATED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County; and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI- 2004-AR-5337 for insubstantial changes as shown on the revised Mediterra PUD Master Plan for the Mediterra PUD (Exhibit "A"), Ordinance Number 01-61, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: 1 The petition filed by Anita Jenkins, AICP, of WilsonMiller, representing Long Bay Partners LLC, be and the same hereby is approved for making the noted minor design changes to the Mediterra PUD having the effect of revising the Master Plan to remove the entry road connection to the future east -west Livingston Road at the southeast comer of the property and changing the Village Center (VC) designation, east of north -south Livingston Road, to Village Center (VC) and/or Residential (R) designation to allow for the option of residential development. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI- 2001-AR-5337 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 5th day of August • 2004. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA a�k P, A��- Chairman ►MaQK P 5-fk *,k V,2c-- ATTEST: o eph K. Schmitt, Comm ity Development d Environmental Services Administrator Approved as to Form and Legal Sufficiency: Marjorie . Student Assistant County Attorney PDI-2001-AR-5337/MB/sp w 1 g1 5e►��pp €F6a�A� MED Bff A A EXHIBIT WilWmilIEr PUD MASTER PLAN =%• PREPARED FOR: LONG BAY PARTNERS, LL.C.�� 4 r �• IF- ;� ,�t' r ' r) Luc rrio I t -- I Iy k�r rtf �► 17 �_;��`a�}ii+�+:.+t'f_�_ ��i��. �A •Yw �•d�dK�� ! � �.'�\ .'� �� j.� r.. �'!i7'`.L 1 it. From: lori cerisano <Icerisano@hotmail.com> Sent: Wednesday, December 21, 2022 1:37 PM To: Bill Bowden <billb@mediterraca.com> Subject: East Gate Approval To whom it may concern. My name is Lori Cerisano and I reside at 16515 Buonasera Court on the East side of the Mediterra Community. I apologize for not being there in person. I am away on vacation with my family at the moment but please note that I feel very strongly about my position and if I was home I would be there in person to advocate for this new gate. When I moved to Mediterra in the first week of August and heard about the proposed gate, I didn't feel it was necessary, however, after living here for four months, I now recognize the extreme importance of it. I cannot tell you how many times I've gone through the intersection between the east and west community to turn left down Livingston Rd. and felt like my life was in danger. That intersection is very difficult to navigate through and even if I'm aware of how I'm going to go through it, there are other drivers that don't seem to know how to handle it properly & put others at risk of an accident. There could be up to five cars at one time trying to go all different ways. Drivers are trying to make a U-turn, trying to turn across traffic into Mediterra, some people are trying to go straight and there seems to be no rhyme or reason on where you should position your car in that intersection. It is a complete nightmare! I I What makes it even worse is when there are landscaping & construction trucks towing trailers behind them that you can't even see the oncoming traffic. I witnessed the aftermath of a collision a few weeks ago in that intersection and it is scary. I also feel very strongly about this because I have a daughter that is getting her driver's license in March. Although she is a good driver, it scares me knowing every morning she has to navigate her way through that dangerous intersection to go to school. Every one of us residents on the east side has no other exit option to keep ourselves safe like the residents on the west side has. Not to mention it is getting even busier since season is upon us & it is just going to get worse. Also, it is important for all of us residents on the east side to have a second escape route out of our development in case of an emergency. I believe this is poor planning from the very beginning of this development and should be rectified immediately. It's not an aesthetic issue, it's a safety issue and if this does not get approved, it is a blatant disrespect for all of our safety. Thank you for your time in this matter. Best, Lori Cerisano 973-769-3938 Bill Bowden General Manager Mediterra Community Association 15735 Corso Mediterra Circle Naples, Florida 34110 December 18, 2022 Dear Mr. Bowden, Thank you for the opportunity to share our enthusiastic support for the construction of a second gate on the east side of Mediterra. We have been full time residents on Celebrita Ct. since 2016. When choosing our home, the lack of a second entrance/exit was identified as a strong negative. We overcame these concerns at the time but the situation continues to get worse. Multiple accidents and almost daily near misses have made egress from our community dangerous and very anxiety provoking. The increase in traffic on Livingston has only further complicated matters. In our opinion, an added gate would be a great asset to our community and benefit not only our safety but also add value to the homes in our community. We have every confidence that the new gate and landscape design you have proposed will ensure security and add to the beauty of our community. We are always willing to discuss our perspective if that would be helpful. Warm Regards, Jim and Debbie Spaide 16457 Celebrita Ct. Naples, FL 34110 203-984-21S7 Louis Friedrich 1699$ Carninellu Ct, Naples FL 34110 Decerrn�er.19.2022 NICA Board of Directors 15735 Corso Moditerra Cir Naples, FL 34110 Dear Sirs As the Caminetto Neighborhood Representative, I strongly reoommend and urge the construction of the proposed gate as the second access for Meditorra East. This project is vital for the safety and security of Moditctrra East- its residents and visitors 1. Left hand tums on Lexington Rd either exiting or ontoring the Mediterra East gate during moming and evening commuting hours are particularly dangerous. This traffic hazard will only got worse given continued increases in nearby housing developments and the opening of tho now high school on Veterans Memorial. 2. Access for Emergency vehicles could be delayed without an alternative entrance. This is especially critical during futuro Hurricane conditions when road blockages may occur. 3. Originally, 2 acoass entrances were planned for Mediterra East as already exi-.ts for fv'editorra WQSL We understand that future developments like Mediterra East would now require 2 access points. 4. A safe second entrance would enhance t::e value of living in blediterra East since some potential buyers have already expressed concorns about the hazardous cfoss:ng lust to get to the Club facilities, I also strongly suppori all efforts in landscaping and infrastructure to mitigate noise and light concems that nearby neighbors may have. Sincerel your Rodney Please share my letter as president of the Cabreo HOA with your board. I wanted to let you know we recently had our annual meeting ( in person and zoom) and I spent time in a open discussion on your board's decision to move forward on a second exit for east side residents. All of the residents thought the action to put in motion a second exit by your board was long overdue. We all are faced with tremendous growth in the area and turning back the clock is not viable but planning for the future is both appropriate and necessary. I understand some do not think change should occur regardless of the reason. Yet the world is changing and Naples is as well. When the enclave was proposed many of our residents wanted to "fight" the developer. They said our quality of life and property values would be impacted by taking away "green" space. We meet, discussed and realized the benefit outweighed the negative. In our meeting the same analysis was put to the east side gate. We all worry about our safety in not having another exit. The fact we do not has been a negative in comments people make about living on the east side. We believe easy, safe access will increase our property values. We discussed the apartment complex across from us being built. It is large, massive and will generate cars on veterans across from us. The amount of traffic (cars) coming out of the east side gate will be minimal to the total that will use the road. Any argument on road noise must accept it will not be from us. Any belief not building the exit will change the situation is not facing the reality of what is being done all around us. We all do things based upon knowledge we have at the time we make decisions. Yet as time moves forward situations and necessity's change. The MCA board is faced with trying to insure the safety of all residents in these uncertain times. Tough decisions never please all but if correct for the majority they need to be made. Thank you for allowing me to share our thoughts Rob Obler President of Cabreo HOA From: Norm and Cyndee <normcvndee@comcast.net> Sent: Tuesday, December 20, 2022 10:52 AM To: Bill Bowden <billb@mediterraca.com> Subject: Re: East Gate Dear Bill and MCA management, As neighborhood representative for Cabreo, I have shared information regarding the proposed east gate with neighbors. The majority of our neighborhood is supportive of the east gate, believing it necessary for the safety and security of our east side neighborhoods. There is currently only one gate, one way into or out of the east side of Mediterra. The proposal for an additional gate makes sense. It would provide neighbors an alternative way to exit the east side property if there is desire or need, as in the case of a downed tree, fire, or other blockage of the main gate. It would also provide faster access for fire and rescue to enter the east side neighborhood. Traffic on Livingston road is often intense and could delay emergency response. It just makes sense from a safety and security point of view to have an additional exit and entrance for emergency vehicles. This is all with the understanding the gate area would be landscaped to Mediterra standards. While I empathize with those who feel their view or property might be impacted by the new gate, I trust the MCA to thoughtfully landscape and protect these properties and believe the safety and security of the neighborhoods on the east side need to be the primary motivator for the east gate project to proceed. Respectfully, Cyndee Sturtevant Cabreo Neighborhood representative FROM THE DESK OF Jeff Roberts December 21, 2022 Bill Bowden Mediterra Community Association Naples Florida 34110 Dear Bill, I am writing to lend enthusiastic support to the "East Gate initiative" under consideration for the Mediterra community. As you know nearly twenty (20) percent of the homes (or close to 170 residences) of Mediterra are on the east side of Livingston Boulevard. With this number of homes, vehicles and people I am sure you can appreciate the absolute desire and need for a second entrance/exit. The needs are primarily centered around safety and security. With the development in the area and population growth, it is an increasingly common event for there to be traffic delays and congestion along Livingston. While inconvenient, it is also a safety and security issue for those of us on the east side with only one way in and out of this area. The delays in response times for emergency services including those for injury, sickness, fire and security could and have and are materially affected. In addition, in the event of a natural disaster such as tornado or hurricane the potential blocking of a single entrance could prevent transit of any kind by these same services and residents for extended periods of time. A second entrance entirely eliminates all of those concerns and issues. When speaking with the fire department, emergency responders and law enforcement, they universally agree that current and future best practices provide for multiple points of entrance and exit for a community of our size. It is also important to recognize that with this second entrance and exit, traffic could avail itself of protected crossings when transiting Livingston. Currently as you know when entering or exiting the east side of Mediterra there are no protected crossings or traffic impairments. The second entrance /exit enhances safety by providing these protections. As the President of the Lucarno Home Owners Association and the neighborhood representative to the Mediterra Community Association I receive a tremendous amount of feedback regarding our community as a whole. Specifically as the largest community on the East side a disproportional amount of this feedback is focused on the East side of Mediterra. The overwhelming majority of those residents I have spoken with are adamant about the desire and need for this second Entrance/Exit. The sentiment is that you and your team and the Board of the MCA has done a tremendous job of bringing this issue of safety and security to the forefront. The belief is that you have listened to comments and concerns and you have devised a plan that addresses in a more than reasonable manner those concerns brought forward by opponents of this initiative. In the collective, the belief is that the safety and security of the 170+ homes should prevail over the concerns of a vocal few. Thank you for your work and leadership on this issue. Jeff Roberts 2294538 CUB TO TB.I BOARD RICORDIDin�Jof AtO 8� ORu� 2�400 LPG `R 00� 0 RIC 111 64.50 0 , IL COPIIS 14.00 IM110111CI ITH YLOOR 01119/98 at 10:05AX DYIGHT 1. BROCI, C1111 BIT 7240 DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT is made and entered into the /1HG6 day of 1998. by and between Long Bay Partners, LLC, a Florida limited liability company, whose Iddress is3451 Bonita Bay Boulevard, Suite 202. Bonita Springs, FL 34134 ("LBP"' , and Collier County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, FL 34112 ("County"). WHEREAS, the Livingston Road extension from Immokalee Road (C.R. 846) to the Lee County line and connecting to a Lee County segment that continues to Bonita Beach Road (hereinafter "Livingston Road") has been an integral part of Collier County's transportation plans for many years; and WHEREAS, the County has acquired substantial portions of road right-of-way along the Livingston Road corridor and is in the process of obtaining the remaining road right-of-way; and WHEREAS, Livingston Road is the only north -south arterial between U.S. 41 and 1-75 that the County plans to extend north to the Lee County line, with no plans currently in existence to extend either Goodlette-Frank Road or Airport -Pulling RgAd-march l Bonita Beach Road; and /. Av,I_ C o i ram_ WHEREAS, traffic prc relief to traffic congestion on U. Fee District 1; and WHEREAS, Living the Southwest Florida Intern WHEREAS, LBP Property), attached hereto ►vita a that Ltv' t6,,0t,*ad north of lmmokalee will provide on 1-75 and will benefjttitproperty owners within Road Impact iliN for Collier County residents to versity; and �,I herein; and _o/ ibed in Exhibit "A" (the WHEREAS, LBP's Pro " .is located north of It lit" Road west of and adjoining the Livingston Road corridor; and WHEREAS, the County and LBP havedei:L_ re that the preferable access to LBP's Property is from the north/south Livingston Road corridor; and WHEREAS, LBP is willing to jointly participate with the County to accomplish the tirtiely construction of Livingston Road in accordance with the terms and conditions of this Developer Contribution Agreement, and WHEREAS, such Developer Contribution Agreement to construct Livingston Road is in the best interests of, and is a substantial benefit to, the general public; and WHEREAS, such a Developer Contribution Agreement provides a benefit to the County and LBP by allowing the construction of the preferable access to LBP's Property in a timely manner; and WHEREAS, the Collier County Road Impact Fee Ordinance currently in effect, Ordinance 92-22, as amended, provides a mechanism for impact fee credits to be granted to a LBP in exchange for construction of portions of the County's road network; and WHEREAS, both parties to this Agreement acknowledge Road Impact fee Credits shall be a credit only against Road Impact fees, and that such credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which LBP is responsible in connection with the development of the Property; and WHEREAS, such proposed plan is in conformity with contemplated itttprovements and additions to the transportation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network, and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadways; and WHEREAS, the proposed plan is consistent with the public interest; and WHEREAS, both parties to this Developer Contribution Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Developer Contribution Agreement acknowledge that this Agreement is not to be construed a�.ld�crrieii( ent under the Florida Local Government Developer Agreement Act; and /G \ Board.of County Corrt�sstoners has approved a Resolution to WHEREAS, the Lee County ry, PP amend its Capital Improvement Program (CIP) to a provide for the acgPisition of approximately one mile of right-of-way between Bonita c1t ,Road; iris- HCuI ' one; ') provide for the design of the road; and c) time the acquis� d'g su h t e ti no the roadway will commence by January 1, 2001. ' o Vd WITNES - Tf N NOW, THEREFORE, on§ideration of Ten si .00) and other good and valuable o consideration exchanged betwee rties, the r `fit sufficiency of which is mutually ►b acknowledged, and in consideration oe/lc�t. herein, the parties agree as follows. G? 0 1. The above recitals are true and correct, and are herewith incorporated as a part of this e N Agreement. County Commitments: Phase I Phase I of the project is defined to be the length of Livingston Road from the existing road terminus approximately 700 feet north of Immokalee Road to the proposed access point at LBP's Property, said road corridor more specifically shown in Exhibit "B", attached hereto and incorporated herein. 2. The County shall continue with its acquisition by gift, purchase or eminent domain. at the earliest possible date, of all necessary right-of-way for road purposes within the Livingston Road corridor north of Immokalee Road to the Collier County/Lee County boundary. The County shall be solely responsible for the payment of all costs and expenses associated with such property acquisition. 2 aI / 3. The County shall be solely responsible for the payment of all costs and for all applications and preparation associated with construction plans and road right-of-way permitting, including completion of all environmental permits and environmental mitigation requirements (land acquisitions, dedications or monetary contributions) by any applicable jurisdictional authority. County's commitment shall include the cost of any environmental or species surveys required by any jurisdictional authority. 4. The County acknowledges that the timely completion of the road right-of-way acquisition, together with the necessary construction plans and permitting, is a critical and fundamental aspect of this Developer Contribution Agreement . Therefore, the County shall acquire the road right-of-way (including completing eminent domain "quick -take" procedures) and finalize the construction plans and permitting, including completion of all mitigation requirements, on or before December 31, 1999. 5. Upon completion of the Phase I road construction by LBP and acceptance by the County in accordance with the requirements of the Collier County Land Development Code, the County shall be responsible for maintenance of the Phase I road construction. 6. The County shall engage the services of a qualified Construction Engineering and Inspection (CEI) consultant to oversee all phases of the construction to be undertaken by LBP as set forth below. LBP's Commitments: Phase I 7. Within twelve property rights plus coniplet► commencement of constructi n with existing roadway construc entrance to LBP's Property ("PI harmless from all acts, error ,ttt respect to any requirement o description of the Phase I roa�` herein. The construction of Li,, specifications and permits provi estimated to be $3,195,700 pur Exhibit "D" attached herein and I nths after the County's ` ' ai e�p cessa%)--flans_4nd perr a tw"o`-lananundivided road be cons permit thatt-Has beefn ve s�truction is set forth ij Atgn Road by LBP shy 14j ,,,the County. The .1 W .`sjtion of all necessary right-of-way LBP shall be responsible for the !n the southern terminus connecting lmriokalee Road and the proposed is to'.indemnity and hold the County 4 su contractors and personnel with die of Collier County. A general attached hereto and incorporated toad ance with the construction plans, construction, including fill, is cost of construction as described in 8. Upon commencement of the Phase I road construction, LBP shall convey to Collier County road right-of-way for the north/south Livingston Road corridor via easement or warranty deed in accordance with existing commitments in Planned Unit Development documents applicable to LBP's Property. The estimated cost of such north/south right-of-way dedication to LBP's project entrance is $205,000, subject to a County -approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value. 9. The value of LBP's contributions for Phase 1 of the project are an estimated total of $3,400,700. In addition, LBP shall reimburse the County for all costs for the CEI consultant previously mentioned. The expenses incurred by LBP pertaining to the CEI consultant shall be considered a project cost and LBP shall receive road impact fee credits as set forth in this Agreement for such expenses. In addition, LBP shall receive road impact fee credits for surveying and engineering costs incurred by LBP to construct the Phase 1 road construction upon submission of the actual construction costs certified by an engineer or architect. 8v Aa l County Commitments: Phase II Phase II of the Livingston Road project is defined to be the proposed access point at LBP's Property to the Lee County line, shown on Exhibit "B", attached hereto and incorporated herein. length of Livingston Road from the said road corridor more particularly 10. The County's commitments for Phase 11 of the Livingston Road construction shall be identical to the County Phase 1 commitments including the cost of right-of-way acquisition, costs and applications for construction plans and permitting, including the costs of mitigation and shall be completed by December 31, 2000. Upon completion of the Phase 11 road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase 11 road construction. LBP Commitments: Phase II 11. a, Commitments for improvements: Not later than December 31, 2001, and after the County obtains all County commitments for Phase 11, LBP shall commence construction of Livingston Road as a two-lane, undivided road from LBP's Property entrance to the Lee County_ line..("Phase II road construction"). LBP's total estimated cost of the Phase lI corn" tjkno' - tely $1,377,600, including roadway till, roadway cons" ` is o ribed in paragraph I Lb. A general description of/ h� ;Phase Il road cons ct�on. is set forth in Exhibit "C and incorporatedffieretri. The certified estimate 'of the Phase 11 road construction costs is attached hereto,s kIt "D"- and incorporated herein. LBP shall also reimburse the County fort all kosla Qf dh XXM�nsultint_ menttpne4 above. LBP shall receive road impact f and sun construe for' he CEl consultant, engineering ;ion; upon submission of the actual b. Commitm6*1�or right-of-way: L��oement of the Phase 11 road constructiori�, BP.,,shall convey to nty road right-of-way for thenorth south Ltvirlg3t�oad corridor ,eent or warranty deed in accordance with existing cotiaim)e -i_n--P'1 Development documents applicable to _ uch north,'south right-of-way dedication to LBP's Property. The atet<i_.�€ g y o LBP's project entrance is 9000, subject to a County -approved real estate o Appraisal. The credit shall be based on the appraiser's determination of fair market value, • - 0 Impact Fee Credits: Phase I w 12. In exchange for LBP's road construction and land dedication costs in the amount of approximately $3,400,700 related to Phase I of Livingston Road, a regional transportation facility, LBP shall be entitled to the following: a. Upon completion of the Phase I road construction and submission of actual certified costs of construction, LBP shall receive a road impact fee credit with a value of $1,500,114 ("Phase 1 Road Impact Fee Credit"). The Phase I Road Impact Fee Credit shall be treated as a prepayment of road impact fees for 646 single-family units (current road impact fee of $1379 per unit) and 640 multi -family units (1-2 stories) (current road impact fee of $952 per unit) for the limited purpose of vesting these units for transportation concurrency. Such vesting shall be evidenced by the issuance of a Certificate of Public Facilities Adequacy (for Transportation Facilities) at the time such Phase I Road Impact Fee Credits are granted. LBP shall pay any increase in the Collier County road impact fee which may occur subsequent to the date of this Agreement at the time it obtains a building permit. By way of example, in the event the road impact fee for a single-family unit is S1,5W.00 at the time a building permit is obtained, LBP shall either pay the County $121 ($1,500 -$1, 379 = S 121) or shall apply additional road impact fee credits as payment for such amount. The total units to be constructed on the Property shall be determined in accordance with current and/or future zoning approvals by Collier County provided, however, that LBP shall be entitled to the total Phase I Road Impact Fee Credit ($1,500,114) set forth above. b. Future road impact fee credits in the estimated amount of $1,900,586 ("Phase I Future Road Impact Fee Credits") which can be utilized by LBP and/or its assigns only upon the completion of Livingston Road to Bonita Beach Road in Lee County provided the total actual credit is consistent with paragraph 22 of this Agreement and further provided that the deed or easement described in paragraph 8 has been recorded in the public records. The Phase 1 Future Impact Fee Credits shall be an actual cash value credit and shall not be a dwelling unit credit. Impact Fee Credits: Phase lI 13. 1n exchange foi LBP'j approximately $1,377,600 as/des'drib6 construction, LBP shall be ntitled-u completion of the Phase 411roat+cdi,�;,construction costs ("Phaseestimated amount of S 127, Phase II Future Road Impac Credits can be util' completion of Livingston Road o to Beach Road in L of construction by an engineer ol` rc kect. The credit for recording of the warranty deed or'�. The Phase Future Road Impact Fee Credits shall b� aw I h�!a;, and I d edication costs in the amount of of thu\, Agreement for the Phase II road th� amount of $1,250,000 upon s ii sion of the actual certification of In dd+itio 1 re road impact credits in the :c r) shall be granted to LBP. The o byi L$ d/or its assigns only upon the C , u{t �after submission of actual costs r..s th - oana�tion of land shall be effective upon a mpact Fee Credits and the Phase If o �czc;ttS and shall not be dwelling unit credits. 14. The Phase 1 Road Impact Fee Credit, Phase I Future Road Impact Fee Credits, Phase 11 o Road Impact Fee Credits and Phase II Future Road Impact Fee Credits shall be collectively referred to as c� "Road Impact Fee Credits." The Road Impact Fee Credits may be assigned by LBP to other properties `A within the area described in Exhibit "E" until completion of Livingston Road to Bonita Beach Road in Lee County and, thereafter, to other properties within Road Impact Fee District No. 1, whether the property is owned by LBP or by another property owner. 15. LBP reserves for itself and its assigns the right to change the types of uses to which the Phase 1 Road Impact Fee Credits may be applied. The road impact fee ordinance in effect at the time of application for a building permit shall be used to value any credits which may be converted from one type of land use to another, whether by LBP or any of its assigns. Accounting/Use of Road Impact Fee Credits 16. Consistent with the timing schedule set forth in paragraphs 12 and 13 of this Agreement, the County shall apply portions of the Road Impact Fee Credits toward (i) the road impact fees which LBP is required to pay for each building permit which is applied for on the Property or 0i) any assignment of Road Impact Fee Credits to other property owners , thereby reducing the balance of the Road Impact Fee Credit by the same amount. 17. The County shall provide LBP with a certified copy of this Agreement, including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Road Impact Fee Credits Ledger) shall serve as the ledger sheet to document LBP's balance of Road Impact Fee Credit. is. With each building permit issued on the Property, the County shall subtract from the Road Impact Fee Credit balance the amount of (i) Road Impact Fees appropriate to that particular permit, or (ii) Road Impact Fee Credits artendant to the particular assignment, and shall enter the new balance in the ledger column labeled "Impact Fee Credit Balance." 19. County shall monitor unpact fee collection within the Property to assure that only impact fee credits granted to LBP pursuant to this Agres nth d as impact fee payments for all impact fee construction within the Property, until all im'ei�ct led to LBP pursuant to this Agreement are utilized by LBP or assigned in ace4�dgttCe with the te1rmsbts Agreement. 20. The County located within that area descri Impact Fee Credits and Fur Agreement. Upon application road impact fee payments rece 21. No sooner thani.kc made to the County by LBP, the` current Road Impact Fee Credit bat utilize or assign any remaining Road 4 impact fees collected by the County from properties :xhi l�� to.the Future Phase `1 Road Impact Fee Credits, Phase it s - ' ed� • issued to LBP pursuant to this 'f the C w y o d PJon a semi-annual basis, said kte u 5) years from the da� .of t is gar ment, upon written application ,ay may, within sixty i� a ,V�Cfiand to LBP moneys equal to the In the alternative, th shall continue to permit LBP to pt' Fee Credits. l r. r- r l? C L' 22. In no event shall any road'latpac7 Cee"credit be granted for the cost of network improvements in excess of twenty percent of the initial certified estimate of costs attached to this - Agreement as Exhibit "D". 23, Upon conveyance of land interests to Collier County, the developer shall provide an anorney's opinion as to the record title holder of said land interest, which opinion shall identity all lienholders having any lien or encumbrance affecting said land interest. General provisions 24, The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to LBP. 25. Except as provided herein, this Agreement shall only be modified or amended by a mutual written consent of the parties hereto or by their successors in interest. 0 0 N 26. LBP shall keep or provide for the retention of adequate records and supporting documentation which concern or reflect the total value of construction or installation of the Road and Utility Project. This information shall be available to County, or its duly authorized agents or representatives for audit, inspection, or copying, for a minimum of five (5) years from the completion and acceptance of the roadway improvements by the County . 27. LBP acknowledges that the donations or contributions contemplated under the Agreement shall be construed and characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a right-of-way. 28. The County shall record this Agreement, in the Public Records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. 29. This written Agreement, including all exhibits and permits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. 30. Either party to this Agre IA;t "y�fiiM-ici-ol on for injunctive relief in the Circuit Court of Collier County, Florida, to enfor,�t It�t, i s-and,-,of this Agreement, said remedy being cumulative with any and all other e available to the p sof r. enforcement of the Agreement. 31. County acknoHiled s t Q,BPPis the contact put er of the Property. Therefore, this Agreement is expressly condition d upon L P ,c ing one the Prolerty. by March 26, 1998 ("Closing Date"). In the event LBP does / r e osing, Date, this Agreement shall be o null and void. However, in the a en the t1cising t e t (" xtended Closing Date"), LBP shall notify County of the Extended ;C! i? t artd--to� gen i forth in this paragraph shall be N automatically extended to the ded Closing Date. s� ca 32. This Agreement\ construed in acco ge a laws of the State of Florida. w 33. In the fulfillment o srLf cement, time shall be of the essence. e ( E CA11 N Q1 7 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly ALteft A: t0 11hd11 MA'= authorized representatives. =1rstwe only. Dated: DWIGHT E. BR , Clerk Approved as to form and legal SUMci y r� { Heidi F. Ashton Assistant County Attorney WITNESSES: Print N#e: Shirk M!Thom sort, r Print N e: r ', STATE OF FLORIDA COUNTY OF 1. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA The foregoing instrwnent was ail lidg0l, by „DQI%1 ' 1 Kt `j,`rlcav } corporation, Managing Mfmber of Long Bay Panne behalf of the corporation and limited liability company pwdYC��fiMQ 44ieetLltflt3. Wr►rraiodFf. I COlwl� 8 I �� LONG BAY PARTNERS, LLC, tflQyida limited liability company V1 8ONITA BAY PROPERTIES, INC., \a Florida corporation, ame: R`e6 this - day of i % 101,, i, , 1998, of Bonita Bay Properties, Inc., a Florida rs, LLC, a Florida limited liability company, on . He _ is personally known to me- .as-kicniiflcation. NOTARY PUBLIC Name: "L /le (Type or Print) My Commission Expires: I:..— ;,A k:Ld1 N % t.=:.GRI:A =_-.�C S,ICAC PAa,.C..LAZL r ; ..„_..;4 ofS. �� 0_':CiNN, ING AT THC SOUTi4 •CAS' CCRvEZ Or T4C SOUTH WEST 1/4 Or Sc 1GN I2 TOWtiS-'P 4E SOU ► ri, RANGE U EAST, COLL;EA COU%1rY, FLORIDA; THENCE RUN N. CC5:01' W. ALOIrC T1iE EAST LINE OF SAID SOUTHWEST 1/4 OF SECTION t" FOR A DISTANCE OF 2531.75 FEET TO Trite C-zNTER OF SAID SEC71ON 12; ► HENCE CON i 1NUE N. 00.52171" W. ALCNG _-HE CAST LINE Cr" i . iE SOUTHEAST 114 OF THE NORT:: NEST 1/4 OF SAID SECTION 12, FOR A DISTANCE ANCE OF 1316.T t TO THE NORTHEAST CORNER OF T'r{L• SOUTHEAST 114 OF THE NORTHWEST 114 OF SAID SECMI ON 12; i K NCE RUN S. E3054'06- W. ALG�iG THE SOUTH LINE OF THE SOUTNEAS` 114 OF THE NOR7HEr1ST 114 OF ITIE NORTT;WCST 1/4 OF SAID SECTION 12. FOR A DISTANCE 017 662.23 l:%u r TO THE SOUTHWCSTC0111<11 or-nIC SOU-111r:ASr Im 0v'ria: NO It'll IIiA. r 1/•t 01:1111; NOtt'1'IIWEST 1/4 O SAID SECTION 12; THENCE. RUN N. 00.50'22' W. ALONG THE' WEST LINE OF THE.: SOUTI•ICAS T I/4 OF TIRE NORTHEAST 1/4 OF THE NORTHWEST 114 Or SAID SECTION 12, FOR A DISTANCE OF 653.71 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAS ► 114 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN N. E3.55'45-E. ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF T14C NORrucAST 114 Or Tlir. NOItT1IWNST 114 OF SAID SECTION 12. FOR A DISrANCC OF 661.95 1 13LT-1-011IL. N0It'11lI:AS r C01tNlilt OF '1'1 IL SOUTI ICASr IM OF TI IL NORTHEAST 1/4 OF THE NORTHWEST 1/4 01- SAID SCCrION 12'. 11-ICNCLi RUN N. 00'52'07- W. ALONG THE CAST LINE OF THE NORTHWEST I/4 Or SAID SC•CT10N 12, FOR A DISTANCE OF 65339 FELT TO THE NORTHEAST CORNER OF THE NORTHWEST 114 OF SAID SECTION 12; THENCE RUN S. 13.5T20' W. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF 2646.45 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST 114 OF SAID SECTION 12; THENCE RUN S. 00.45'07• E., ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SEC-nON 12, FOR A DISTANCE OF 1319.34 FEET TO THE NORT1a11AST CORNER OF THC SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHI_l'A3-SfltfT'14r,9ANGE 2S EAST; THENCIS p.UN S. 33154*42" W. ALONG THE NORTH LINE OF THE SO EAST I/4 OF SAID SECTION 11, FOR A DISTANCE OF 1325.63 FEET TO TI•d CO 'QTF E SOU ►HEAST 114 OF THE NORTHEAST 1/4 OF SAID SECIOI/ I,; . . CE RUN S. 00.437.3; :iLONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEASIA OF SAID SECTION 1 I JOR A DISTANCE OF 132039 FEET TO THE SOUTHWEST CORNER OF THE SO� • STT7a'Or 1-HE NOA�THEAST 1/4 OF SAID SE-CT10N 11; THENCE RUN S. 00.45'04' E ALONG U4 • OF TI �E NNORTmc �S-r 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 11, FOR A 01ST' I _ tO Ti•I�OUTi�1 WEST' CORNER OF THE NORTHEAST 1/4 OF 'n SOUTH 1/4 OF S p10 S • lON, I,, =NEE• RUN S. 33.46'37- W. ALONG Tr1E NORTH LINE OF THE SOUTPi 5�� S 1/ AF; SA;D SECT ION l t, FOR A DISTANCE OF 1315.33 FEET T , NORTHWEST COR >rR ''WEST 114 OF THE SOUTHEAST 114 Or SAID SCCi`( Y I; THENCE RUN S. a S 51. A ONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTi41� 114 Or SAID SECTION 1 I DIrANCC OF t327.30 FEET TO THE SOUTHWEST CORNER OF ��\ 7.lr 5T il4 OI' SA 03}ON 1 I; T14CNCL RUN N. 13*41'15` E. ALONG THE, SOUTH LINE OF T'HGSA FAST 1/4 Orr �CE'rION 11. FOR A DISTANCE OF 265015 FEET TO THE NORTHWEST Cbf NC,fi L -11 WNSHIP 4E SOUT14, RANGE 2S EAST; THENCE RUN S. 00.4323• E. ALONG T14E u -1T�E NORTHWES, 114 OF SAID SEC; ION 13. FOR A DISTANCE OF 675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 114 OF -THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 13; THENCE RUN N. 8E1138'13" E. ALONG THE SOUTH LINE OF THE NORTHWEST I/4 Or THE NORTHWEST 1/4 OF THENORT14WC•ST 114 OF SAID SECTION 13, FOR A DISTANCE OF 664.12 r•EIT TO THG SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF THL NORTHWEST IA OF SAID SECTION 13; THENCE RUN N. 00.41'49' W. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 675.07 I EZET TO THE NORTHEAST CORINER OF THE NORTHWEST 1/4 OF THE NORTHWEST I/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 33.41'00• E. ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 43 SOUTH, RANGE 25 EAST, FOR A DISTANCE OF 199331 FELT TO THE POINT OF DCGINNING. rr+^+-t� The southeast 1/4 of he southwest 1/4, less south 30 fees and southemst 1/4 of the northwest 1/4 and southwest 1/4 of the northeast 1/4 and northwest 1/4 of the southeast 1/4 aad northeast 1/4 of the southwest 1/4, less north V2 of southwest 1/4 of northeast 114 of southwest 1/4 of Section 11, Township 48 South, Range 25 E=, Co11ie: County, Vlmr;e12 wo. yriz L. EXHO T "A" F E B 1 7 1998 ►c. 03-48-25 02-43-25 LEE COUNTY 7 COLLIER COUNTY tt-46-25 10- 46- 25 PROJECT �. LOCATION LIMNGSTON R0.-E/W (FUTURE) 15- 45- 25 22-4a-25 14-4a-25 13-48-25 G0 0 4a- 25 ELM 27-48- 25 ll[ 26-48-25 WILSON * MILLER fqe 0? 19g1 - 14 25 o' -`0686a''O+P\02934')rN\07\-'9340701 C-q Y•g N Z ►o ZO 1J s S 12-48-25 07-M-26 J LNWGSTON ROAD PHASE 2 P II EXHIBfT 'B 1a-4a-:! 19-48- 1 FEB 17 1998 K-72Ap EXI-UBIT C pest d ioa of Work Livingston Road ('�,'orth-South Se�ner�_tl Pham.I will consist of approximately 12,500 lineal feet of two-lane arterial rural roadway from the Carlton Lakes entrance to the proposed LBP project entrance. The construction will include mobilization; Clearing and grubbing; filling and grading; roadway subgrade, base and asphaltic concrete paving; installation of storm drainage facilities; sodding and seeding; signage and pavement markings; lighting; signaliration; traffic control; construction engineering and inspection and materials testing; construction surveying and layout; and all incidental work necessary to complete the roadway in accordance with the construction plans and specifications prepared by Hole, Montes and Associates, Inc. -and -approved by Collier County. The work will also conform to the requirements sej,f �c �orida Water Management District Peraut No. 11-01359-s and U.S. s'of Etyginl I t No. 199001402(IP-CC) as it applies to construction of this facilitigation requirementsaie t{ot included). Phase U ,7 V feel o two-lane arterial rural roadway from will consist of appro�' ' tely ;?8Q lime! �' Y the proposed LBP ro eet entart t: t5 ut Tho construction will include mobilization; clearing and g#ub gfilg. and g, r ay sub�rude, base and asphaltic concrete insmUativ j o ra nagr' c 'tics; o d' g-*d seeding; signage and paving; pavement markings; lightin c control; constuction en ' Y and inspection and`F materials testing; constructio eying and layout; nd all t' �jdental work accessary to 0 complete the roadway in aceor ec th the construction specifications prepared by Hole, Montes and Associates, Inc. ovcd by Collie The work will also conform . . to the requirements set forth in the S utl;� r�r� " agement District Permit No. I I- o 01359-S and U.S. Army Corps of Enanee N7'rl: 199001402(IP.CC) as it applies to 0 w construction of this facility (mitigation requirements are not included). 0 W:t 1907l97013'4bb'I=hcl0l22. doe AG( A 140. s a _1__ FEB 1 71998 K. EXHIBIT D OPINION OF PROBABLE CONSTRUCTION COST LIVINGSTON ROAD Livia stofl Road Phase 1 12,500+ LF PHASE WI loam No.t tkscriptlon Quantity unit Unit PNce ant 209.600 t LS S 2fl9.600.00 S Mobitsatron 1 L S S 17, 500.00 f 17,500 2 hlsirrtsnsncs of Tra16e a1 AC S 2.100.00 f 170.100 3 6V 7,000 SY S 1250 3 67,500 1 S)dewafk 11,a00 SY $ 5,00 3 59,000 S Shoulder Saa ,µsop SY 3 4.00 f 9 18.000 6 Type 3 Asphaft Cw4ro s (2�) 2.00 $ 9000 7 Frxtion Caxse ",500 SY 3 f 8.00 f 200,400 6 Roadway 11"s 33,400 SY f /.W f 10,060 9 Prvm d Tack Coat 6.300 GA f 1.40 S 64.0a0 10 Type A Stebiizadon oz) 47,200 SY 3 750.00 $ 4a.000 11 WMs"HzrMESlEW EA LF 3 30.00 3 150.0 00 12 atom Vi w 5.000 tt)2,500 SY 3 1.20 S 195,000 13 «'W� 170.9001SY S 0.20 3 34,1t10 14 S"6V6 ch -- LF 3 3.50 i 43,750 15 swov i Mar S S '56.000.00 $ 56,000 1a S' bon f 2t3,St0.00 f 26.510 17 i \ f 1,Q99, 700 Subtow wdhout FW 7.50 S 1,2Aa,000 16 EaritrNbrtt EmbankrnsrrdFJ)/ C 19 Consbuetian and inspecrtion r ats r.; = 230.000.00 i 230,W0 Livia ston Road Phase I Total s 3,t�5,roo Lavin ston Road Phase 11 3,7 C tali � Mt Pr" Amount Kam Pao. Desorl tlon ✓� s 76,400,00 5 Ta.4o0 1 2 Mobiizstion Maln'af%NWO of Tmft - S , 2,100.00 f 3 45,300 3 i l3n+bbr+G 23 ! 1150 3 26,E 4 Sidewalk 2.1 Y S 5.00 f 17,500 S Shoulder So" SY S 4.00 S26 52,900 a Type 5 Aspharoc Comcrsts (7, $ 2.00 3 7 Fricbon Course 13,200 SY S a.00 3 50,400 ,400 s R Bsee 9.900 SY $ 1.50 S 0 9 Pnnw A Teak Coet t,900 GA 1.40 3 19.0 to TWO d Slabiisstia+ 021 14,000 SY 5 f 750,00 S 5,000 1,000 11 weedMWMESJEW 20 EA LF S 30.00 3 45,000 12 Stara+ 1,d00 48,tt)D SY 3 1.20 3 57.n0 13 wVWater 48.700 SY i 0.20 f 9.340 14 6esalAAukh 3,700 LF S 3. so 3 12,950 15 8 f+< MaricBlg 0 LS S 55.000.00 S 16 1 LS 3 15,900,00 3 t3,900 17' Subtatsi wAfW Fig Is 7.50 f 375,000 IS jEwemark EmbwKmw+t1F0) 5C.Owl CY 4 19 Construction Er4 ineww and'nsPeclion (CED and Matwiws r S 115.000,00 3 3 guff Total Phase I + Phase 11 NOTE: Figures Include construction surveying and layout. 2499.1.04 PM HMA Ee 17 rsss 'erT1 a=tea 411-7 a11 T- f� 4 T. ' Ic� t 71 •, .,w ..� aa.". UnC R-ulc room t. ; w11wLL� a-...11..�aulc.,►1r1r 111111111 L"auln nnglpp�e/ I.1:i1L 111:� �.*1 _a mwn u r..l. 3Imno.,. I" E-I 1.,1„Ilr �.uuuuu �uE?/e�aArat• annnan �,I111 rt.�irGbI73111 ►�� IIIUII �yEiCp�q j qC� ►MPIcT FEcxL PPI ORTW : This Raid Impact Fee Credit ledger 1s Intended t3 dociment the balance of Road Impact Fee Credits applying ONLY to the following property: BEGINNING BALAMCE . . . . . . . . . . . . . . . . . . • S ROAD IMPACT IMPACT FEE �QUNTY OF:ictAl Q=_+ELOPER REP DATE IPERMIT N0. FEES DUE CAEDiT gAi,AtiCE (SIGNATURE) (SIVATURE) ■ ■ F_xHjBrr „F�� A 1T[a Mo. ~ 1 FEB 17 1998 PG. - K- >* 0 N rA O O 610 O O w w CW O CL - :CtlUittt O US • ri � j 'L,a •r+� 4 �Taw+V" ..��w.R<'tT v e1 : '1 SIY...ry y. �9' � .e/yam y \ 6tJ •/.�� /� yry �'Td�Ri'Jal 1 iU a �a ,dT%e.n xy CD O co 00 v o � �{rM�/R11111111 (CD 71, AMC PF Ar ,T �i YI J: *�•I.1.+�••oi,:. r�.+s' ,•!�, �,_.�._ ,r �?,;�y �, fix`' 1 �� 1 � � - �'.�,'6'dV�'1a.7 tTM� ^ � ' -"'► '. `� 7 I� � {{R,wr �,y I� � Il t � i vi�p•ej ,3 � � �� {4T r � e } '�i1f4iR ` �� 1 �� \�'.y ; �3 �'~—�� • ,� +�{ J�- � � it � 4 � -�7 C, + OWN- M � L �`,..,�i �"" � 7' j,�.�.•1 - it ! 'a. ;1 C;0ifiCT County w Motion for Reconsideration TO: HEARING EXAMINER — ANDREW DICKMAN, ESQ. FROM: MIKE BOSI, AICP, DIRECTOR - ZONING DIVISION - GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: DECEMBER 22, 2022 SUBJECT: HEARING EXAMINER (HEX) DECISION 2022-55, PETITION NO. ADA- PL20220004625 REQUESTED ACTION: The Hearing Examiner issued HEX Decision 2022-55 on December 9, 2022. The Collier County Administrative Code, Chapter 9. Officer of the Hearing Examiner — Procedures within Public Hearing — Reconsideration of matter by the Hearing Examiner provides the following: 1. On motion by a party, the Hearing Examiner may grant a rehearing on an application for the following reasons: • Mistake, inadvertence, or excusable neglect; • Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or • Fraud, misrepresentation, or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Staff makes its motion for reconsideration based on the following: 1. The Hearing Examiner was not apprised of Attorney General Opinion 2012-32 (Attachment A) regarding property owner consent to a rezone. 2. HEX Decision 2022-55 would require the County to change its business practices by requiring consent of any and all Homeowners Associations where an owner of property within a Planned Unit Development (PUD) requests an amendment to a development order such as a PUD Ordinance or subdivision plats/plans, when the HOA has no ownership or easement interest in the subject property. Mike Bosi, AICP, Zoning Director 1. Attachment A— Attorney General Opinion 2012-32 Page 1 of 1 Request for Reconsideration HEX Decision 2022-55 December 20, 2022 l21 22i Z.Z %x t3 ��- ATTACHMENT "A" Florida Attorney General Advisory Legal Opinion Number: AGO 2012-32 Date: September 19, 2012 Subject: Counties --landowner consent for zoning changes Mr. Mark H. Scruby Clay County Attorney Post Office Box 1366 Green Cove Springs, Florida 32043-1366 RE: COUNTIES--ZONING--PLANNED DEVELOPMENTS --COMMUNITY PLANNING ACT --CONSENT REQUIREMENTS --authority of county to adopt ordinance containing other landowner consent requirement for applications for zoning changes. Part II, Ch. 163, Fla. Stat.; Art. VIII, s. l(f), Fla. Const.; Part II, Ch. 125, Fla. Stat.; s. 125.66(4), Fla. Stat. Dear Mr. Scruby: On behalf of the Board of County Commissioners of Clay County, you have requested my opinion on substantially the following questions: 1. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, do the provisions of the Community Planning Act, as codified in Part II of Chapter 163, Florida Statutes, authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development, before the application can be considered for approval? 2. If the answer to Question 1 is in the negative, then in the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, does the common law or any other statutory law authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development before the application can be considered for approval? 3. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, where the planned development is also subject to recorded covenants and restrictions (i) that are private in nature, (ii) that govern use rights and limitations and development standards for all lands within the planned development, and (iii) that give the individual owners of land within the planned development the right to vote on amendments to the covenants and restrictions, does the common law or any other statutory law authorize a local government to require such application to include the favorable outcome of a vote to approve the filing of the application by all or some fixed percentage of such individual members casting ballots? In sum: 1. and 2. I am not aware of nor have you drawn my attention to any provision of the "Community Planning Act" which would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning. In the absence of concern for a particular statutory provision, however, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, there is no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. 3. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights. According to your letter, the zoning article of Clay County's land development code provides for planned developments in addition to conventional use categories. The code requires that an application to rezone a tract of land into a planned development must be joined by all owners of the property within the boundaries of the proposed tract. Occasionally, a party owning a portion of a planned development may wish to modify some aspect of the plan as it was previously approved. In order for such party to apply for the modification, the code requires that the application be joined by all of the other owners of property within the boundaries of the planned development, not just the owners of the parcel for which the modification is sought. Without the joinder of all these owners, an application for modification will not be accepted. The Board of County Commissioners has realized the difficulty of acquiring such third party joinder, especially as a development approaches build -out and hundreds or thousands of individual parcels have already been conveyed to third parties. In light of these concerns, the board is considering the adoption of an ordinance amending the joinder provision by reducing the percentage of joining owners from one hundred to some lesser figure or by eliminating it entirely. As the county attorney, you have advised the board that the submission of an application to amend a portion of an approved planned development cannot lawfully be conditioned on the joinder or consent of third parties who have no ownership interest in the particular parcel, even if the third parties own other property within the planned development. However, community concerns with the reduction or elimination of these restrictions has led to the Clay County Board of County Commissioners requesting that an Attorney General Opinion be sought on these issues. Initially, I must advise you that this office has no authority to comment on validly adopted provisions of the current zoning code of Clay County. This office, like the courts, must assume that a validly adopted statute or ordinance is lawful and effective until it is challenged and declared invalid in an appropriate court case.[1] Thus, my comments are provided to you for use by the commission in considering proposed legislation. Questions One and Two Zoning is generally understood to be the regulation of land according to its nature and uses.[2] The power to restrict the use of land through zoning is delegated to local governments by the Legislature and is limited by the terms of the grant.[3] The classification, regulation, prohibition, restriction, permitting, and determination of uses within districts constitutes an exercise of local governmental zoning and police power, possessed by counties and municipalities generally under zoning statutes.[4] Thus, zoning enactments cannot validly be extended beyond the accomplishment of those purposes within their scope.[5] In order to be valid, any zoning regulations that are adopted must be reasonable and nondiscriminatory and they must tend to promote the public health, safety, morals, or general welfare.[6] As the Florida Supreme Court stated in Griffin v. Sharpe,[7] an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. In addition, such an ordinance must not be inconsistent with the general laws of the state, must not discriminate unreasonably, arbitrarily or oppressively, and must not constitute a delegation of legislative or executive or administrative power.[8] You have asked whether some statutory provision may authorize a local government to require in its zoning code that consent to an application for rezoning by some or all of the other individual property owners within a planned development is required before the application can be considered for approval. As a general proposition this office has previously concluded that such a requirement might, if enacted, result in an illegal delegation or abdication of legislative power. In Attorney General Opinion 83-31, this office was asked by the Board of County Commissioners of Santa Rosa County whether an ordinance could be validly enacted which required the written consent of a majority of landowners and homeowners within a designated distance of proposed landing strips or runways of an airport facility prior to the construction of any additional airport facility in the county. A statutory provision, section 330.36, Florida Statutes, provided that no county or municipality could license airports or control their location except by zoning requirements. The statute made no exception for any other type of county ordinance other than regulation by a zoning ordinance. Thus, the opinion concluded that such an ordinance could not be validly enacted or enforced. The opinion goes on to caution against a possible illegal delegation or abdication of legislative power by the adoption of such an ordinance: "Additionally, the proposed ordinance, if enacted, might well result in an illegal delegation or abdication of legislative power. An airport or landing field constructed and operated in a proper manner is not a nuisance per se.[9] Thus, the construction or maintenance and operation of an airport facility are not susceptible to regulation or proscription as a public nuisance by county legislative enactment.[10] The proposed ordinance does not zone any lands or prohibit the use of designated or specific lands at specific locations for airport purposes or establish any safety regulations or standards in the interest of and to protect the public health, safety or welfare. It simply requires the airport owner or developer to obtain the written consent of the majority of the specified landowners and homeowners prior to commencing construction of any additional airport facility in the county, and the only limitation upon such property owners in exercising their power to consent or withhold their consent to 'the construction of any additional airport facility' is their own free will and choice or their own whims or unbridled discretion. It permits the adjoining landowners to regulate property rights and deny a landowner his right to use his property, not otherwise restricted or regulated by law, for a lawful use or purpose. In effect, the affected landowners and homeowners are delegated the legislative power vested in the county commission to determine the public policy and regulate property rights and whether an airport facility may be located, maintained and operated at any particular location. The governmental powers of the legislative and governing body of a county cannot be delegated."[11] While consideration generally must be given to the rights of the individual landowner of the property involved as well as the interests of adjoining landowners and others in the adoption of zoning changes,[12] I must caution that an ordinance which delegates the legislative power vested in the county commission to determine the public policy and regulate property rights based on the written consent of all or a majority of the specified landowners and homeowners prior to accepting an application for rezoning might well be seen by a court as an invalid delegation of the legislative power of the county.[13] Further, under Florida law generally, a property owner acquires no vested rights to the continuation of existing zoning.[14] There is no general constitutional right to be free from all changes in land use laws.[15] A landowner who plans to use his property in accordance with existing zoning regulations is entitled to assume only that such regulations will not be altered to his detriment, unless the change bears a substantial relation to the health, morals, welfare or safety of the public.[16] As discussed above, an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. Nor may such an ordinance be inconsistent with the general laws of the state, discriminate unreasonably, arbitrarily or oppressively, or constitute a delegation of legislative or executive or administrative power.[17] The adoption of an ordinance which includes a consent requirement as a condition precedent to the application process for rezoning could be seen to interject an element of arbitrariness into that application process.[18] Again, the opinions of residents are not factual evidence and have been determined by the courts to not constitute a sound basis for denial of a zoning change application.[19] You have specifically directed my attention to the Community Planning Act, sections 163.3164 - 163.3217, Florida Statutes, and associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development as potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. The "Community Planning Act," codified in Part II, Chapter 163, Florida Statutes, was enacted to "utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government."[20] The act specifically provides that "no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act."[21] The comprehensive plan must provide "the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations."[22] The act provides that it is the will of the Legislature that the public be involved in community planning: "It is the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, local planning agencies and local governmental units are directed to adopt procedures designed to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures required in this act are set out as the minimum requirements towards this end."[23] To facilitate this public participation the act requires public hearings, the opportunity for written comments, and other public information opportunities.[24] As Florida courts have noted with regard to zoning decisions: "The role of the governmental entity is to arrive at sound decisions affecting the use of property within its domain. This includes receiving citizen input regarding the effect of the proposed use on the neighborhood, especially where the input is fact-based."[25] However, no provision of the "Community Planning Act" of which I am aware or to which you have drawn my attention would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning.[26] You have also asked whether associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development may be potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. You are aware of no provisions in these laws which would bear directly on the validity of consent requirements prior to accepting a request for rezoning. Rather, these references, and your previous reference to Part II, Chapter 163, Florida Statutes, are intended to reflect more recent land development regulation and property owner rights laws. In the absence of concern for a particular statutory provision, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, the zoning power of Florida counties is statutory, not a common law power.[27] Local governments have no inherent right to restrict the use of land through zoning; such right is limited by the statute or ordinance creating the same.[28] The adoption of zoning ordinances and zoning maps is a legislative act[29] and zoning ordinances must find their justification in some aspect of the police power, asserted for the public welfare.[30] I am aware of, and you have brought to my attention, no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. Question Three You have asked whether a local government may require an application for rezoning to include the favorable outcome of a vote to approve the filing of the application by all or some of the individual members voting on the matter when private recorded covenants and restrictions call for such a vote. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights.[31] Sincerely, Pam Bondi Attorney General PB/tgh [1] See Evans v. Hillsborough County, 186 So. 193 (Fla. 1938) (a statute found on statute books must be presumed to be valid and must be given effect until it is judicially declared unconstitutional); White v. Crandon, 156 So. 303 (Fla. 1934) (county commissioners must obey statutes until in proper proceedings they are passed upon by the courts and declared invalid); State ex rel. Gillespie v. Thursby, 139 So. 372 (Fla. 1932), rehearing denied, 140 So. 775 (Fla. 1932); Falco v. State, 407 So. 2d 203 (Fla. 1981) (court has duty, if reasonably possible, and consistent with constitutional rights, to resolve all doubts as to validity of statute in favor of its constitutionality); State v. Jefferson, 758 So. 2d 661 (Fla. 2000); Ops. Att'y Gen. Fla. 92-02 (1992) (statutes are presumptively valid and must be given effect until determined otherwise by a court of competent jurisdiction in an appropriate judicial proceeding; 88-09 (1989); 87-36 (1987); cf. 90-47 (1990) (presumptive validity of municipal ordinance). [2] See 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 53; and see Barefield v. Davis, 251 So. 2d 699 (Fla. lst DCA 1971) . [3] As a charter county, the zoning power of Clay County is derived from Art. VIII, s. 1(f), Fla. Const., and Part II, Ch. 125, Fla. Stat., particularly s. 125.66(4), Fla. Stat. Cf. State ex rel. Henry v. Miami, 158 So. 82 (Fla. 1934) (no such thing as a general legislative power on the part of municipal authorities to control and direct how the private properties of municipal inhabitants shall be held or enjoyed). [4] See Inf. Op. to Chiaro, dated January 24, 1997. [5] See Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975); Prescott v. Charlotte County, 263 So. 2d 623 (Fla. 2d DCA 1972), cert. denied, 267 So. 2d 834 (Fla. 1972). (6] See City of Jacksonville v. Sohn, 616 So. 2d 1173 (Fla. 1st DCA 1993); Carter v. Town of Palm Beach, 237 So. 2d 130 (Fla. 1970); Op. Att'y Gen. Fla. 79-71 (1979); 62 C.J.S. Municipal Corporations ss. 128, 132-135 (1949); 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 102. [7] 65 So. 2d 751 (Fla. 1953), and see City of Port Orange v. Leechase Corp., 430 So. 2d 534 (Fla. 5th DCA 1983). [8] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945); Wallace v. Town of Palm Beach, 624 F.Supp. 864 (S.D. Fla. 1985); Inf. Op. to Dellagloria, dated January 5, 2001. [9] See generally 2A C.J.S. Aeronautics and Aerospace s. 70 (1972); Brooks v. Patterson, 31 So. 2d 472, 474 (Fla. 1947); cf. Corbett v. Eastern Air Lines, Inc., 166 So. 2d 196 (Fla. 1st DCA 1964) . [10] See Brooks v. Patterson, supra, and S.H. Kress and Co. v. City of Miami, 82 So. 775 (Fla. 1919). [11] Crandon v. Hazlett, 26 So. 2d 638, 642 (Fla. 1946); State v. City of Tallahassee, 177 So. 719 (Fla. 1937); Dade County v. State, 116 So. 72 (Fla. 1928); see also Washington ex rel. Seattle Title Trust Co. v. Roberge, 278 U.S. 116 (1928); and see generally 16 C.J.S. Constitutional Law ss. 133, 137 (1956); 62 C.J.S. Municipal Corporations ss. 154, 226(10), 227(9) (1949); 101A C.J.S. Zoning and Land Planning s. 30 (1979). See also City of Miami Beach v. Forte Towers, Inc., 305 So .2d 764 (Fla. 1974); Cassady v. Consolidated Naval Stores Company, 119 So. 2d 35 (Fla. 1960); Richey v. Wells, 166 So. 817 (Fla. 1936); Bailey v. Van Pelt, 82 So. 789 (Fla. 1919). Cf. Cusack Co. v. City of Chicago, 242 U.S. 526 (1917); Eubank v. City of Richmond, 226 U.S. 137 (1912); Grova v. Baran, 134 So. 2d 25 (Fla. 2d DCA 1961), appeal dismissed, 145 So. 2d 489 (Fla. 1962); Miller v. Ryan, 54 So. 2d 60 (Fla. 1951). [12] See 101A C.J.S. Zoning and Land Planning s. 71; and see infra n.25 providing citations to Florida statutory provisions providing for the consideration of "affected person[s]" during the development process who may include owners of abutting real property. [13] See Pollard v. Palm Beach County, 560 So. 2d 1358 (Fla. 4th DCA 1990) (opinions of residents are not factual evidence and not sound basis for denial of zoning change application); City of Apopka v. Orange County, 299 So. 2d 657, 659-660 (Fla. 4th DCA 1974); and Town of Ponce Inlet v. Rancourt, 627 So. 2d 586 (Fla. 5th DCA 1993); Marell v. Hardy, 450 So. 2d 1207 (Fla. 4th DCA 1984) (it is the function of the legislative body charged with responsibility for protecting and enhancing the health, welfare, and safety of public to weigh the advantages and disadvantages of rezoning property). [14] See Villas of Lake Jackson, Ltd. v. Leon County, 884 F.Supp. 1544 (N.D. Fla. 1995), opinion modified on reconsideration, 906 F.Supp. 1509 (N.D. Fla. 1995), affirmed, 121 F.3d 610 (C.A. 11 Fla. 1997). (15] New Port Largo, Inc. v. Monroe County, 95 F.3d 1084 (C.A. 11 (Fla.) 1996), cert. denied, 117 S.Ct. 2514, 521 U.S. 1121, 138 L.Ed.2d 1016 (1997). [16] City of Miami Beach v. 8701 Collins. Ave., Inc., 77 So. 2d 428 (Fla. 1954). [17] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945); Wallace v. Town of Palm Beach, 624 F.Supp. 864 (S.D. Fla. 1985); Inf. Op. to Dellagloria, dated January 5, 2001. [18] See, e.g, Corn v. City of Lauderdale Lakes, 997 F.2d 1369 (C.A. 11 Fla. 1993), cert. denied, 114 S.Ct. 1400, 511 U.S. 1018, 128 L.Ed.2d 73, appeal after remand, 95 F.3d 1066, cert. denied, 118 S.Ct. 441, 522 U.S. 981, 139 L.Ed.2d 378 (restrictions government imposes on land must be substantially related to general welfare; if not, governmental action is arbitrary and capricious in violation of substantive due process); Eide v. Sarasota County, 908 F.2d 716 (C.A. 11 Fla. 1990), cert. denied, 111 S.Ct. 1073, 498 U.S. 1120, 112 L.Ed.2d 1179 (property owner may challenge zoning regulation by arguing that regulation is arbitrary and capricious, does not bear substantial relation to public health, safety, morals, or general welfare, and is therefore invalid exercise of police power; owner need only prove that government acted arbitrarily and capriciously either facially or as applied). [19] Pollard v. Palm Beach County, supra . [20] Section 163.3161(2), Fla. Stat. [21] Section 163.3161(6), Fla. Stat. [22] Section 163.3177(1), Fla. Stat., and see the remainder of this statute for the required and optional elements of a comprehensive plan. [23] Section 163.3181(l), Fla. Stat. [24] See e.g., s. 163.3181(2), Fla. Stat.; s. 163.3174(1) and (4), Fla. Stat., requiring that the local planning agency prepare the comprehensive plan or amendment after public hearings; s. 163.3184(11), Fla. Stat., providing for public hearings during the process for adoption of comprehensive plans or plan amendments. However, I would also note that s. 163.3167(8), Fla. Stat., specifically prohibits "[a]n initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment[.]" [25] See City of Dania v. Florida Power and Light, 718 So. 2d 813 at 816 (Fla. 4th DCA 1998), citing Grefkowicx v. Metropolitan Dade County, 389 So. 2d 1041 (Fla. 3d DCA 1980); Metropolitan Dade County v. Blumenthal, 675 So. 2d 598 (Fla. 3d DCA 1995). [26] Cf. s. 163.3184, Fla. Stat., which defines "[a]ffected person" to include "owners of real property abutting real property that is the subject of a proposed change to a future land use map" and authorizing any affected person to file a petition with the Division of Administrative Hearings to challenge whether the plan is in compliance with the statute; s. 163.3187(5)(a), Fla. Stat., providing a similar procedure for any "affected person" to challenge the compliance of a small scale development amendment; and s. 163.3215, Fla. Stat., providing standing for aggrieved or adversely affected parties to enforce local comprehensive plans through development orders. And cf. Preserve Palm Beach Political Action Committee v. Town of Palm Beach, 50 So. 3d 1176, 1179 (Fla. 4th DCA 2010) ("The right of the people to vote on issues they are entitled to vote on is one of utmost importance in our democratic system of government. But there are issues - such as the right of a small landowner to use his property subject only to government regulations - which should not be determined by popular vote. Section 163.3167(12) rightfully protects the small landowner from having to submit her development plans to the general public and ensures that those plans will be approved or not, instead, by the elected officials of the municipality in a quasi-judicial process."). [27] See Penthouse, Inc. v. Saba, 399 So. 2d 456 (Fla. 2d DCA 1981), review denied, 408 So. 2d 1095 (Fla. 1981). [28] See Florida Tallow Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970). [29] Pasco County v. J. Dico, Inc., 343 So. 2d 83 (Fla. 2d DCA 1977); and see Starkey v. Okaloosa County, 512 So. 2d 1040 (Fla. 1st DCA 1987) (rezoning is a legislative prerogative). [30] Flava Works, Inc. v. City of Miami, Fla., 800 F.Supp. 2d 1182 (S.D. Fla. 2011); and see County of Volusia v. City of Deltona, 925 So. 2d 340 (Fla. 5th DCA 2006), rehearing denied (2006), (because the zoning power is an aspect of the police power, a municipality may not enter into a private contract with a property owner for the amendment of a zoning ordinance subject to restrictions in an agreement to be executed between the city and the owner). [31] See Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610 (C.A. 11 Fla. 1997) (any constitutional right based upon zoning regulation governing specific use of real property, to extent claim is based upon deprivation of right to use property itself for that specific purpose is protectable, if it is right for which Constitution gives protection at all, only by procedural due process claim challenging procedures by which regulation was adopted, substantive due process claim based upon arbitrary and capricious action of government in adopting regulation, Takings Clause claim, or under some other constitutional provision that gives landowner protectable right, not specifically involved with real property right itself). PL20210003207 - MEDITERRA COMMUNITY ASSOCIATION - VEHICULAR ACCESS (PDI) SUPPLEMENTAL ATTACHMENTS TO ATTACHMENT I TABLE OF CONTENTS • CONCEPTUAL DESIGN PACKAGE- PAGE 2 • SFWMD - NOTICE OF INCOMPLETE APPLICATION - PAGE 13 • SFWMD - REQUEST FOR ADDITIONAL INFORMATION - PAGE 14 • BROOKS DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - PAGE 17 o BY-LAWS - PAGE 83 • CORRECTIONS LETTER EPR - PAGE 99 • PRESUIT MEDIATION COVER LETTER - PAGE 101 • DEMAND LETTER TO MEDITERRA COMMUNITR ASSOCIATION - PAGE 103 • EXHIBIT PERMITTED MASTER PLAN - PAGE 106 • DEMAND LETTER COPY 1- PAGE 107 • DEMAND LETTER COPY 2 - PAGE 110 • ePERMITTING TRACKING - PAGE 113 • MEDITERRA R.O.W. REVIEW LANDSCAPE & IRRIGATION - PAGE 116 • DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR MEDITERRA - PAGE 121 o BY-LAWS - PAGE 225 • MEDITERRA PHASE THREE EAST, UNIT ONE - PLAT BOOK - PAGE 247 • MEDITERRA PDI RESOLUTION NO. 04-11- PAGE 257 • QUIT CLAIM DEED TRACT Q- PAGE 260 • REVIEW COMMENT LETTER 5 (PL20220004544, MEDITERRA PPL) - PAGE 275 • STATUTORY OFFER TO PARTICIPATE IN PRESUIT MEDIATION - PAGE 286 M1�: I� I '1' I �:1� R A�j� Veterans Memorial Boulevard Entry Conceptual Design Package February 2022 Prepared for: Bill Bowden, CCM, CAM General Manager Prepared by: MORRIS DEPEW © 2022 Morris Depew. All rights reserved. . . . . . . . . . . .41 43 - tryrA Ap, 'I A 61 da WNW ,00 !IdlrA pF IF is Ilk I Aga—MMOL. 77, Al 7 b6 66 46 016 b6 6 06 16 1pr 4kh— Lr c7k 146 61- lit 00 FF 4- -L hmo "W P. I 1 rr . . . . . . ... -4W r. fir Nil ar 'TIM 7471_2�?? Fir. T; r7l. 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WIt CIA Ab 91:4 : 012 : a�2SOUTH FLORIDA WATER MANAGEMENT DISTRICT O �'y ,of HBO October 31, 2022 * Delivered Via Email Rodney Chase * Mediterra Community Association Inc 15735 Corso Mediterra Cir Naples, FL 34110 Subject: Mediterra South East Entry Notice of Incomplete Application Environmental Resource Permit (ERP) Application No. 220712-35139 Collier County Dear Agent or Applicant: The additional information requested by letter on August 10, 2022 has not been received by the South Florida Water Management District (District). This information is necessary for the District to timely complete the processing of the above -referenced ERP application. The requested information was to be provided pursuant to the timelines outlined in Section 5.5.3.5, ERP AH, Vol. I to avoid denial of the application. If you are not ready to submit a complete response you may voluntarily withdraw the application prior to the application being denied. If you elect to withdraw the application, Section 5.5.3.7, ERP AH, Vol. I, provides a process for you to refile the application within 365 days without the necessity to pay a new processing fee. Should you fail to fully submit the requested information, or to withdraw the application, within 10 days of the date of this letter, the application will be considered incomplete and District staff will process the application for denial, without prejudice to your right to reapply at a later time. If you have any questions concerning this matter, please contact the assigned staff members to discuss solutions and/or set a meeting to resolve the remaining issues: Randall Casburn, Engineering Specialist II, Environmental Resource Bureau at 239-338-2929 x7792 or via email at rcasburn@sfwmd.gov and Jewelene Harris, Senior Environmental Analyst at (239) 338-2929 x7752 or via email at jsharris@sfwmd.gov and Rich Walker, Property Analyst at (561) 682-6741 or via email at rdwalker@sfwmd.gov Sincerely, Angelica S. Hoffert, P.E. Section Leader, Environmental Resource Bureau South Florida Water Management District c: Jack Morris, PE , Morris-Depew Associates, Inc * 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • 1-800-432-2045 • www.sfwmd.gov a�2SOUTH FLORIDA WATER MANAGEMENT DISTRICT O �'y ,of HBO * Delivered Via Email August 10, 2022 Rodney Chase * Mediterra Community Association Inc 15735 Corso Mediterra Cir Naples, FL 34110 Subject: Mediterra South East Entry Request for Additional Information Application No. 220712-35139 Collier County Dear Mr. Chase: District staff reviewed the above -referenced application. As discussed with Jack Morris, P.E. on July 27, 2022, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. 1), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. Please provide the required application fee of $250 for an Individual Environmental Resource Permit (ERP). The application is not complete until the required application fee has been paid. Payment of application fees can be done by credit card on the District's ePermitting website, or by check. If submitted by check, please make the check payable to the South Florida Water Management District and reference Application No. 220712-35139 in the memo section of the check to ensure adequate processing. [Rule 62-330.071(1), F.A.C.] 2. It appears that work is proposed on areas which are owned and/or controlled by the Collier County Board of County Commissioners, specifically within the Veteran's Memorial Blvd ROW. Does the applicant have easements allowing for the proposed work? Please provide copies of all relevant easements. Depending on the above responses, it may be appropriate to have the property owner as co-applicant(s), the County submit the proposed ROW works as a modification to Permit No. 11-102981-P. Please provide details of any coordination which has occurred with the land owner(s) to date. Would these entities be willing to be co - applicants? Please explain. [Section 4.2.3, Vol. I] 3. Please identify the entity that will be responsible for operation and maintenance of the SWM system; portions of Permit No. 11-01761-P have been converted to operation under the Mediterra Community Development District. If a property owner's association is the proposed operation and maintenance entity, provide draft copies of the articles of incorporation for the association and copies of the declaration, restrictive covenants, deed restrictions, or other operation documents that assign responsibility for the operation and maintenance of the system. If the operation and maintenance entity will be a different entity, 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • 1-800-432-2045 • www.sfwmd.gov Mediterra South East Entry, Application No. 220712-35139 August 10, 2022 Page 2of3 such as a special services district, the county, or a municipality, provide written confirmation, such as a letter or resolution from the intended operation entity, that it will accept the operation and maintenance responsibility of the stormwater management system. [Section 62-330.060(4), F.A.C., Sections 4.2.3(g) and 12.3.3, Vol. 1] Advisory Comments: The following comments are advisory in nature and do not require a response to the District. Al. As of Dec. 22, 2020, the Florida Department of Environmental Protection (DEP) has assumed authority to administer the dredge and fill permitting program under Section 404 of the Federal Clean Water Act within certain "assumed waters" in the state. Your project may fall within assumed waters. If your project involves wetland or other surface water impacts, and if you do not already have a permit from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act, you may need a State 404 permit. If your project requires a State 404 permit, please complete Section I of the ERP application "Supplemental Information for State 404 Program Permits" and upload it along with other application documents to the District's ePermitting portal. There is no need to submit a State 404 permit application if you already have an application pending with the USACE because the USACE will transfer any pending applications within assumed waters to DEP. If you already have a 404 permit from the USACE for the same work proposed in this ERP application, then no further action is required, unless revisions are proposed to the project such that a modification to the 404 permit is required. More information about the State 404 permitting program may be found on DEP's website: https://floridadep.gov/water/submerged-lands-environmental-resources- coord ination/content/state-404-prog ram. Please contact your local DEP office for any questions regarding the need for a State 404 permit. A2. Included with this letter/permit is a brochure from the Florida Department of Environmental Protection (FDEP) on Florida's National Pollutant Discharge Elimination System (NPDES) program for construction activities. As the brochure indicates, the U.S. Environmental Protection Agency authorized the FDEP in October 2000 to implement the NPDES stormwater permitting program in Florida. The District is assisting FDEP by distributing this information to entities which may be subject to regulation under the NPDES program. No response to the District is required. A "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. Mediterra South East Entry, Application No. 220712-35139 August 10, 2022 Page 3of3 The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES-stormwater@dep.state.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us/water/stormwater/npdes/. Prior to responding to this letter, please contact the assigned staff members to discuss solutions to the above questions and/or set a meeting to resolve the remaining issues: Jewelene Harris, Senior Environmental Analyst at (239) 338-2929 x7752 or via email at jsharris@sfwmd.gov; Randall Casburn, Engineering Specialist II, Environmental Resource Bureau at 239-338-2929 x7792 or via email at rcasburn@sfwmd.gov; and Rich Walker, Property Analyst at (561) 682-6741 or via email at rdwalker@sfwmd.gov. Please submit the complete response electronically on the District's ePermitting website (www.sfwmd.gov/epermitting) using the 'Additional Submittals' link. Information on the District's ePermitting program is enclosed. Alternatively, please provide (1) original hard copy of the requested information, clearly labeled with the application number, to the Fort Myers Service Center, 2301 McGregor Boulevard, Ft. Myers, Florida, 33901. If a complete response is not provided within 90 days of this letter, this application will be processed for denial, in accordance with Section 5.5.3.5 of Vol. I. If additional time is necessary, please submit a written request for an extension via the ePermitting website before the 90-day period ends, including a description of the circumstances requiring the extension of time. For projects where more than 90 days will be needed to develop a complete application, it is recommended that the applicant withdraw the current application and resubmit a complete application at a later date. The processing fee, if paid, can be applied to a new application that is submitted within 365 days, pursuant to Rule 62-330.071(3), F.A.C. If the application is denied by the agency, fees will not be returned or credited. Sincerely, 11/4z-c,,,,-,-'5---A1;,-t- Angelica S. Hoffert, P.E. Section Leader, Environmental Resource Bureau c: Jack Morris, PE, Morris-Depew Associates, Inc a� 452E004 co 0 N co O DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BROOKS 41 COMMERCIAL ASSOCIATION r � o 4 8 W y W V Ll YI O THEBDnOVCmk.jf HYATT & STUBBLEFIELD, P.C. Attorneys and Counselors 1200 Peachtree Center South Toner 225 Peachtree Street, N.E. Atlanta, Georgia 30303 (404)659-6600 TABLE OF CONTENTS ArticleI Definitions....................................................................................................................I ArticleII Property Rights..........................................................................................................5 2.1. Common Area....................................................................................................................5 2.2. No Partition........................................................................................................................6 2.3. Assignment of Responsibilities for Other Property...........................................................6 2.4. Surface Water Management System..................................................................................6 2.5. Conservation Areas............................................................................................................7 2.6.Open Space and Buffers.....................................................................................................7 2.7. Effluent Disposal & Water Supply.....................................................................................8 Article III Association Function, Membership, and Voting Rights.......................................8 3.1. Function of41 Commercial Association............................................................................8 3.2. Membership........................................................................................................................8 3.3. Voting.................................................................................................................................9 Article IV Rights and Obligations of the Association.............................................................9 4.1. Common Area....................................................................................................................9 4.2. Personal Property and Real Property for Common Use...................................................10 4.3. Enforcement.....................................................................................................................10 4.4. Implied Rights; Board Authority.....................................................................................12 4.5. Governmental Interests ....................................................................................................12 4.6. Indemnification................................................................................................................12 4.7. Dedication of Common Areas..........................................................................................14 4.8. Security.............................................................................................................................14 4.9. Disaster Management.......................................................................................................14 Article V Maintenance.............................................................................................................14 5.1. Association's Responsibility.............................................................................................14 5.2. Owners Responsibility.....................................................................................................16 5.3. Standard of Performance..................................................................................................17 Article VI Insurance and Casualty Losses.............................................................................17 6.1. Association Insurance......................................................................................................17 6.2.Owners' Insurance............................................................................................................IS Article VI1 Annexation and Withdrawal of Property...........................................................18 7.1. Annexation Without Approval of Membership...............................................................is 7.2. Annexation With Approval of Membership.....................................................................19 7.3. Withdrawal of Property....................................................................................................19 7.4. Additional Covenants and Easements..............................................................................19 7.5. Amendment......................................................................................................................19 0 W 0 co -o m N .t- W Article VIII Assessments..........................................................................................................20 8.1. Creation of Assessments..................................................................................................20 8.2. Declarant's Obligation for Assessments...........................................................................21 8.3. Computation of Base Assessment....................................................................................21 8.4. Reserve Budget and Capital Contribution........................................................................22 8.5. Special Assessments.........................................................................................................22 8.6. Specific Assessments.......................................................................................................22 8.7. Date of Commencement of Assessments.........................................................................23 8.8. Lien for Assessments.......................................................................................................23 8.9. Failure to Assess...............................................................................................................23 8.10. Exempt Property.............................................................................................................24 8.11. Capitalization of Association.........................................................................................24 ArticleDC Architecture and Landscaping..............................................................................24 9.1. General.............................................................................................................................24 9.2. Architectural Review........................................................................................................25 9.3. Guidelines and Procedures...............................................................................................26 9.4. No Waiver of Future Approvals.......................................................................................28 9.5. Variances..........................................................................................................................28 9.6. Limitation of Liability......................................................................................................28 9.7. Certificate of Compliance................................................................................................28 Articlea Use Restrictions ........................................................................................................29 10,1. Plan of Development; Applicability; Effect...................................................................29 10.2. Authority to Promulgate Use Restrictions.....................................................................29 10.3. Owners' Acknowledgment.............................................................................................30 10.4. Rights of Owners............................................................................................................30 Article XI Easements................................................................................................................31 11.1. Easements of Encroachment..........................................................................................31 11.2. Easements for Utilities, Etc............................................................................................31 11.3. Easements for Stormwater Drainage and Retention .......................................................33 11.4. Easements for Lake and Pond Maintenance and Flood Water.......................................33 11.5. Easements to Serve Additional Property........................................................................34 11.6. Right of Entry ................................................................................................................34 11.7. Easements over Common Areas.................................................................................... 34 11.8. Easement for Community Development District...........................................................35 ArticleXII Declarant's Rights.................................................................................................35 12.1. Transfer of Declarant Rights..........................................................................................35 12.2. Use of Common Area.....................................................................................................35 12.3. Approval of Additional Covenants................................................................................35 12.4. Right to Approve Changes in Community Standards....................................................36 12.5. Changes in Surface Water Management System...........................................................36 12.6. Easement To Inspect and Right To Correct...................................................................36 12.7. Formation of Districts... ................................................................................................. 37 12.8. Termination of Rights....................................................................................................37 ii 0 ca O Co -o c N t Go N Article X11I Dispute Resolution and Limitation on Litigation.............................................37 13.1. Consensus for Association Litigation............................................................................37 13.2. Alternative Method for Resolving Disputes...................................................................37 13.3. Claims............................................................................................................................37 13.4. Mandatory Procedures... ................................................................................................. 38 13.5. Allocation of Costs of Resolving Claims.......................................................................40 13.6. Enforcement of Resolution.. ........................................................................................... 40 13.7. Prerequisites to Actions..................................................................................................40 13.8. Retention of Expert For Litigation Purposes..................................................................40 ArticleXIV General Provisions...............................................................................................40 14.1. Duration..........................................................................................................................40 14.2. Amendment....................................................................................................................41 14.3. Severability.....................................................................................................................42 14.4. Mortgagee Rights...........................................................................................................42 14,5. Cumulative Effect; Conflict ...........................................................................................42 14.6. Use of the Words "The Brooks"....................................................................................43 14.7. Ownership of Plot by Government.................................................................................43 14.8. Compliance and Indemnification...................................................................................43 14.9. Notice of Sale or Transfer of Title.................................................................................43 14.10. Exhibits........................................................................................................................43 TABLE OF EXHIBITS Page First Exhibit Subject Matter Appearing "A" Land Initially Submitted "Bit Land Subject to Annexation 3 licit Formula for Assessments and Voting Rights 4 "D" Initial Use Restrictions and Rules 5 "Eli Rules of Arbitration 39 "Fit By -Laws of The Brooks 41 Commercial Association, Inc. 2 iii U s" W 0 X-- co -o N co W DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE BROOKS 41 COMMERCIAL ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is made by Long Bay Partners LLC, a Florida limited liability company ("Declarant') as of the date set forth on the signature page hereof. Declarant is the owner of the real property described in Exhibit "A," which is attached, and incorporated by reference. This Declaration imposes upon the Properties (as defined in Article I) mutually beneficial restrictions under a general scheme of development for the benefit of the owners of each portion of the Properties, and establishes a flexible and reasonable procedure for the overall development, administration, maintenance, and preservation of the Properties. In furtherance of that plan, this Declaration provides for the formation of The Brooks 41 Commercial Association, Inc. to own, operate, and maintain Common Areas (as defined in Article I), and to administer and enforce the provisions of the Governing Documents (as further described in Article I). Declarant hereby declares that all of the property described in Exhibit "A" and any additional property subjected to this Declaration by Supplemental Declaration (as defined in Article I) shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which shall run with the title to the real property subjected to this Declaration. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in any portion of the Properties, their heirs, successors, successors -in -title, and assigns. This Declaration does not and is not intended to create a condominium within the meaning of the Florida Condominium Act, Florida Statutes Section 718.101, et M. Article I Definitions The terms used in this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below. 1.1. "41 Commercial Association": The Brooks 41 Commercial Association, Inc., a Florida not for profit corporation, and its successors and assigns. 1.2. "Area of Common Responsibility": The Common Areas, together with such other areas, if any, for which the 41 Commercial Association has or assumes responsibility pursuant to the terms of this Declaration, any Supplemental Declaration or other applicable covenants, or any contract. 0 W 0 co -v m N tD 1.3. "Arlicles of Incorporation" or "Articles": The Articles of Incorporation of The Brooks 41 Commercial Association, Inc., as filed with the Florida Secretary of State. 1.4. "Base Assessments": Assessments levied on all Plots subject to assessment under Section 8.7 to fund Common Expenses for the general benefit of all Plots, as more particularly described in Sections 8.1 and 8.3. 1.5. "Board of Directors" or "Board": Tile body responsible for administration of the 41 Commercial Association, selected as provided in the By -Laws and generally serving the same role as the board of directors under Florida corporate law. 1.6. "The Brooks': The master planned community known as The Brooks, a development of regional impact, as shown on the Master Plan prepared by Wilson, Miller, Barton & Peek, Inc. and approved by Lee County, Florida, as it may be amended from time to time. 1.7. "By -Laws': The By -Laws of The Brooks 41 Commercial Association, Inc., attached as Exhibit "F," as they may be amended. 1.8. "Common Area": All real and personal property, including easements, which the 41 Commercial Association ohms, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners. The terns Common Area may include as part of the Common Area the Conservation Areas and Surface Water Management System if such arc transferred to the Association. 1.9. "Common Expenses": The actual and estimated expenses incurred or anticipated to be incurred by the 41 Commercial Association for the general benefit of all Plots, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to (lie Governing Documents. Common Expenses shall not include any expenses for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by a majority of the total Class "A" vole of the 41 Commercial Association. 1.10. "Community Development District": A special service, utility, and taxing district created as a special purpose unit of local government with jurisdiction within, adjacent to, and in the vicinity of the Properties established in accordance with Chapter 190, Florida Statutes, 1980, which is vested with certain quasi -governmental powers and responsibilities within or adjacent to the Properties. In the event that more than one such district is created, the districts may share certain responsibilities within their jurisdiction. 1.11. "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. such standard shall be established initially by the Declarant and may be more specifically defined in the Design Guidelines, the Use Restrictions, and Rules and Regulations adopted by Board resolutions. 2 0 .a W O aD —o m ry X_ co cn 1.12. "Conservation Areas": The real property and any improvements which are now or are hereinafter made a part of the Properties and designated as Conservation Areas on the recorded plats cr other instruments recorded in the Public Records for 41 Commercial. 1.13. "Declarant": Long Bay Partners LLC, a Florida limited liability company, or any o successor or assign to whom development rights are transferred for the purpose of development W and/or sale of any portion of the property described on Exhibits "A" or "B" and who is O designated as the Declarant in a recorded instrument executed by the immediately preceding _r_ Declarant. co -o 1.14. "Design Guidelines": The design and development guidelines and architectural N review procedures adopted pursuant to Article IX and applicable to all Plots within the t- Properties, as they may be amended. to m 1.15. "Developable Land": All of the real property described on Exhibits "A" and "B" of this Declaration, as it may be amended, exclusive of any wetlands, bodies of water, and property subject to conservation easements or similar easements requiring that it be maintained in its natural state. 1.16. "Governing_ Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the By -Laws, time Articles, the Design Guidelines, the Use Restrictions, and the Rules and Regulations, as they may be amended. 1.17. "Master Plan": The land use plan for the development of The Brooks prepared by Wilson, Miller, Barton & Peek, Inc. and approved by Lee County, Florida, as it may be amended which includes all of the property described on Exhibit "A." Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall the omission of property from the Master Plan bar its later submission to this Declaration. 1.18. "Member': A Person subject to membership in the 41 Commercial Association, as provided in Section 3.2. 1.19. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to a Plot. A "Mortgagee" shall refer to a beneficiary or holder of a Martgage 1.20. "Ot+mer": One or more Persons who hold the record title to any Plot, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Plot is sold under a recorded contract of sale, then upon recording of such contract, the purchaser (rather than the fee owner) will be considered the Owner, if the contract specifically so provides. If a Plot is subject to a written, recorded lease with a term in excess of one year and the lease specifically so provides, then upon filing a copy of the lease with the Board, the lessee (rather than the fee owner) will be considered the Owner during the term of the lease for the purpose of exercising all privileges of membership under this Declaration and the By -Laws. 3 1.21. "Person": A natural person, a corporation, a partnership, a trustee, or any other legal entity. 1.22. "Plot": A portion of the Properties, whether improved or unimproved, which may be independently owned and conveyed and which is intended for commercial, business, W recreational, or retail development, use, and occupancy consistent with this Declaration, any o other applicable covenants, and applicable zoning. The terns shall refer to the land, if any, which F is part of the Plot as well as any improvements thereon. The term shall not include Common co Areas or property dedicated to the public. If any Plot is subdivided or resubdivided, whether by -a plat or deed, each such subdivision shall be considered a Plot hereunder and votes and liability N for assessments shall be recomputed for each subdivision in accordance with the fommla set 47- forth in Exhibit "C." In the case of a commercial condominium, each condominium unit and its ao appurtenant interest in the common element of such condominium shall be a Plot. —r 1.23. "Point": A numerical assignment of value given to individually owned Plots of real property within the Properties for allocating Assessments under Article VIII and voting rights under Section 3.3. 1.24. "Properties": The real property described in Exhibit "A," together with such additional property as is subjected to this Declaration in accordance with Article VII. 1.25. "Public Records": The Official Records of Lee County, Florida 1.26. "Rules and Regulations": Board -adopted Rules and Regulations which establish administrative procedures for internal 41 Commercial Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. 1.27. "Special Assessment": Assessments levied in accordance with Section 5.5. 1.25. "Specific Assessment": Assessments levied in accordance with Section S.G. 1.29. "Supplemental Declaration": An instrument filed in the Public Records pursuant to Article VII which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 1,30. "Surface Water Management System": Any portion of real property, improvement, wort: or feature such as swales, ditches, canals, impoundments, berms, ponds, lakes, retention/detention areas, conservation areas, culverts and pumps required or described in any permits issued by South Florida Water Management District and any other applicable governmental agency for the management and storage of surface waters, drainage and flood protection for the Properties and adjacent areas and identified as an element or component of the Surface Water management System by the Declarant at the time such is conveyed or transferred to the 41 Commercial Association. The Surface Water management System may be divided into one or more categories, including without limitation the following: 4 (a) The 'Primary Surface Water Management System" will generally include those features of the Surface Water Management System which benefit the Properties as a whole rather than any single Plot, as determined by the Declarant and may be added to or deleted from by the Declarant at any time prior to the termination of the Class "B" Membership; and W (b) The "Secondary Surface Water Management System" will generally include that O portion of the Surface Water Management System not designated by Declarant as Primary F7- Surface Water Management System and may benefit a portion of the Properties or a Plot as W determined by the Declarant and may be added to or deleted from by the Declarant at any time m prior to the tennination of the Class "B" Membership. N 1.31. "Use Restrictions': The initial Use Restrictions set forth on Exhibit "D," as they W W may be supplemented, modified and repealed pursuant to Article X. Article II Property Rights 2.1. Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, subject to: (a) the Goveming Documents and any other applicable covenants; (b) any restrictions or limitations contained in any deed conveying such property to the 41 Commercial Association; (c) the right of the Board and the membership to adopt, amend and repeal Rules and Regulations governing the use and enjoyment of the Common Area pursuant to Article X; (d) the right of the 41 Commercial Association, acting through the Board, to dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; and (e) the right of the 41 Commercial Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; provided, during the period in which the Declarant has the right to appoint a majority of the Board, at least 5 1 % of the total Class "A" votes in the 41 Commercial Association must approve any such mortgage, pledge, or hypothecation. Anv Owner may extend its right of use and enjoyment of the Common Areas to any lessees and other occupants of its Plot and their invitees, subject to regulation in accordance with Article X. An Owner who leases its Plot shall be deemed to have assigned all such rights to the lessee and other occupants of such Plot and their invitees. E 2.2. No Partition. Except as pennitted in this Declaration, there shall be no judicial partition of the Common Areas. No Person shall seek any judicial partition unless the Properties have been removed from the provisions of this Declaration. This Article shall not prohibit the Board front acquiring and disposing of tangible personal property nor from acquiring or disposing of real property which may or may not be subject to this Declaration. 2.3. Assignment of Responsibilities for Other Property. Within and adjacent to the Properties there are various types of property such as wetlands, drainage areas, Conservation Areas, open spaces and buffers upon which restrictions, monitoring requirements, or other obligations may be imposed by local, state, federal or other governmental agencies. The Declarant may from time to time and at any time deed, convey, transfer, or assign any or all of the foregoing areas or responsibilities to the 41 Commercial Association and/or a Community Development District, which shall accept, oNvm, maintain, and preserve the foregoing areas in accordance with the requirements of such agencies. All such areas that are conveyed to the 41 Commercial Association shall become a portion of the Common Area, and the ownership, operation, and maintenance thereof shall be a Common Expense. Alternatively, the Declarant may deed, convey, transfer, or assign any or all of the foregoing areas or responsibilities to another community association, non-profit or tax-exempt foundation, or similar type entity with which the 41 Commercial Association shall cooperate, perfomt the responsibilities and obligations as set forth in the deed conveying such property, and share in the costs pursuant to a covenant to share costs. Any of the properties and responsibilities within, adjacent to, or benefiting the Properties such as wetlands, drainage areas, Conservation Areas, open spaces, signage, landscaping, and buffers may be included within the jurisdiction of a Community Development District. If a Community Development District is established, the 41 Commercial Association shall cooperate with and perform the responsibilities delegated to it by such Community Development District. 2.4. Surface Water Management System. (a) No structure of any hind shall be constructed or erected, nor shall an Owner in any way change, alter, impede, revise or otherwise interfere with the flow and the volume of water in any portion of the Surface Water Management System reserved for, or intended by Declarant to be reserved for, drainage ways, sluiceways or for the accumulation of runoff waters, as reflected in any permits therefor, or plat or instrument of record, without the specific written permission of the 41 Commercial Association and the Declarant. (b) An Owner shall in no way deny or prevent ingress and egress by Declarant, the 41 Commercial Association or a Community Development District to such Surface Water Management System and drainage areas for maintenance or landscape purposes. The right of ingress and egress, and easements therefor are hereby specifically reserved and created in favor of the Declarant, the 41 Commercial Association, a Community Development District, or any 6 0 7" W n m m rV 47 tb �D appropriate governmental or quasi -governmental agency that may reasonably require such ingress and egress. (c) No Plot shall be increased in size by filling in any water retention or drainage areas on which it abuts. Owners shall not fill, dike, rip -rap, block, divert or change the established Surface Water Management System without the prior written consent of the 41 Commercial Association and the Declarant. (d) Water management for any Plot shall be provided in accordance with the overall Surface Water Management System for the Properties. Surface water drainage and management including but not limited to, storm water treatment and storage capacity, shall conform to the overall Surface Water Management System requirements and permits for the Properties and meet with the approval of the Declarant and tite Community Development District if such has jurisdiction within the Properties. (e) Spillways in any Plot are part of a functioning water management system and any use by an Owner shall be on a non -interfering basis only. Additional on -site stomtwater treatment areas may be required and constructed in the future. (0 The use of any wetland within the boundary of a Plot is managed by the 41 Commercial Association. Owners shall cooperate in maintaining the saute in a clean, attractive, pristine manner in order to be aesthetically pleasing. (g) No boats or other watercraft powered by gasoline or diesel fuel shall be permitted on any body of water within Properties except as may be required by the 41 Commercial Association, a Community Development District, or the Declarant. (h) The use of pesticides in any lake or wetland is prohibited, excepting only any such use by the 41 Commercial Association, a Community Development District, and the Declarant. (i) No wells may be drilled, dug or installed within any Plot except by the Declarant or with the DeclaranCs written consent. 2.5. Conservation Areas. Any portions of the Compton Area designated as a Conservation Area shall be maintained and preserved by the 41 Commercial Association in accordance with the rules and regulations of Lee County, Florida and the South Florida Water Management District. The 41 Commercial Association shall not, and it shall not allow any Person to, undertake or perform any activity or improvements to a Conservation Area, or remove any native vegetation, without the prior approval of the foregoing agencies. No excavation, placement of debris, dumping, construction, or other activity shall be permitted in a Conservation Area. 2.6. Open Space and Buffers. Any property conveyed or dedicated to the 41 Commercial Association, which is designated as open space, landscape buffer, preserve area, or Conservation Area on any plat, 7 co CD Co -o N kD CD permit, or other document recorded in the Public Records, shall be owned and maintained by the 41 Commercial Association in a natural open condition. The 41 Commercial Association or any subsequent owner stall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promotes the use and enjoyment of such areas as open space. Any landscape buffer installed and maintained in the Common Area under requirements of Lee County, Florida, ordinances or any other governmental entity and which is located in an easement area shall be permanently maintained by the 41 Commercial Association. In the event that any portion of the landscaping consisting of trees and shrubs in such casement areas are removed, the 41 Commercial Association shall replace the trees and shrubs with like size and species as a Common Expense of the 41 Commercial Association and without expense to Lee County, Florida or such other governmental entity with jurisdiction over the buffer. 2.7. Effluent Disposal & Water Supply. By the act of purchasing or occupying a Plot within the Properties, all Owners understand and irrevocably consent to the possibility of irrigation of the Common Area and other areas within the Properties with treated effluent, provided that the effluent emanates from an approved treatment plant with a current operating permit from the State of Florida, Department of Environmental Protection, or other such agency with jurisdiction. All Plots shall be equipped with dual water lines, one of which shall be designated to utilize non -potable water. All underground irrigation systems must be connected to the non - potable water line and all spigots on the exterior portion of a structure shall be connected to the potable water line. Each Owner shall be required to connect the water lines on his or her Plot to the lines of the utility provider(s) providing service within the Properties. The Declarant, its designees, successors or assigns shall have the exclusive right to develop and utilize the ground and surface water resources of the Properties for any legal purpose, including the distribution and use of such water beyond the Properties. The conveyance of any Unit to an Owner by Declarant does not include the right to develop or utilize the ground or surface water resources within such Unit or parcel. Article III Association Function, Membership, and Voting Rights 3.1. Function of 41 Commercial Association. The 41 Commercial Association shall be the entity responsible for management, maintenance, operation, and control of the Common Area within the Properties. The 41 Commercial Association shall be responsible for enforcement of the Governing Documents. Tire 41 Commercial Association shall perform its functions in accordance with the Governing Documents and Florida law. 3.2. Membership. Every Owner shall be a Member of the 41 Commercial Association. There shall be only one membership per Plot. if a Plot is owned by more than one Person, all co -Owners shall share 8 the privileges of such membership, subject to Board regulation and the restrictions on voting set forth in Section 3.3 and in the By -Laws, and all co-O«ners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights and privileges may be exercised by the Owner, if a natural person, or, in the case of an Owner which is a corporation, partnership, or other legal entity, by any officer, director, partner, or trustee, or by any other individual designated by the Owner from time to time in a written instrument provided to the Secretary of the 41 Commercial Association. 3.3. Voting. The 41 Commercial Association shall have two classes of membership, Class "A" and Class "B." (a) Class "A." Class "A" Members shall be all Owners other than the Class "B" Member, if any. Each Class "A" Member shall be entitled to the number of votes assigned to its Plot(s) in accordance with the formula set forth in Exhibit "C'; provided, no votes shall be exercised on account of any property which is exempt from assessments under Section 5.10. If there is more than one Owner of any Plot, the votes for such Plot shall be exercised as such co -Owners detennine among themselves and advise the Secretary of the 41 Commercial Association in writing prior to the vote being taken. In the absence of such advice, tile vote for such Plot shall be suspended if more than one co -Owner seeks to exercise it. Any Owner may assign the right to cast all or a portion of the voles allocated to his Plot to the lessee of any portion of such Plot by written proxy filed with the Secretary of the 41 Commercial Association in accordance with Section 2.9 of the By -Laws. (b) Class "B." The sole Class "B" Member shall be the Declarant. The rights of the Class "B" Member, including the right to approve or withhold approval of actions proposed under this Declaration, the By -Laws, and the Articles, are specified in the relevant sections of this Declaration, the By -Laws, and the Articles. The rights of the Class "B" Member to appoint a majority of the members of the Board are specified in Sections 3.3 and 3.5 of the By -Laws. The Class "B" membership shall terminate upon the conveyance of all Developable Land described on Exhibit "B" to a Class "A" Member, or when, in its discretion, the Declarant so determines and declares in a recorded instrument. Upon termination of the Class "B" membership, the Declarant shall be a Class "A" Member entitled to Class "A" votes for each Plot which it owns. Article IV Rights and Obligations of the Association 4.1. Common Area. The 41 Commercial Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Areas and all improvements thereon (including, without limitation, landscaping, furnishings, equipment and other personal property of the 41 Commercial Association used in connection with the Common Area). The 41 Commercial Association shall keep the Common Area in good, clean, attractive, and sanitary condition, order, and repair, consistent with this Declaration and the Conununity-Wide Standard. 9 The Board is specifically authorized, but not obligated, to retain or employ professional management to assist in carrying out the 41 Commercial Association's responsibilities under the Governing Documents, the cost of which shall be a Common Expense. The Declarant or Board may enter into covenants or contractual agreements with other association entities, non-profit or tax-exempt foundations, or similar type entities within The Brooks which grant use privileges and assign costs and maintenance responsibilities for the Common Area and other property within The Brooks from which the Class "A" Members may benefit as set forth in the covenant or contract. 4.2. Personal Property and Real Property for Common Use. The 41 Commercial Association may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and its designees may convey to the 41 Commercial Association improved or unimproved real estate located within the properties described in Exhibits "A" or "B," personal property, and leasehold or other property interests. Such property shall be accepted by the 41 Commercial Association and thereafter shall be maintained as Common Area by the 41 Commercial Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the 41 Commercial Association. The property conveyed to the 41 Commercial Association by the Declarant from time to time shall be conveyed subject to all applicable governmental requirements, permits, conditions and approvals and subject to any conservation casements then in existence affecting the property. The Declarant hereby reserves the right to grant conservation casements over the Common Areas and the right to require the 41 Commercial Association to take such actions as may be necessary to grant or dedicate conservation casements over the wetlands and uplands within the Common Areas. 4.3. Enforcement. Every Owner and occupant of a Plot shall comply with the Governing Documents. The Board may impose sanctions for violation of the Governing Documents (including, without limitation, the Design Guidelines, Use Restrictions, and Rules and Regulations) alter notice and a hearing in accordance with the procedures set forth in the By -Laws. Such sanctions may include, without limitation: (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Plot. (In the event that any occupant, guest, or invitee of a Plot violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board, (he Owner shall pay the fine upon notice from the Board); (b) suspending any Person's right to use any portion of the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Plot; 10 (c) suspending any services provided by the 41 Commercial Association to an Owner or the Owner's Plot if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the 41 Commercial Association; (d) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation; (e) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Plot in violation of Article IX and to restore the Plot to its previous condition. Upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (t) precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terns and provisions of Article IX and the Design Guidelines from continuing or performing any further activities in the Properties, without incurring liability to any Person therefor; (g) levying Specific Assessments to cover costs incurred by the 41 Commercial Association to bring a Plot into compliance with the Governing Documents. The Board may impose taking the following enforcement sanctions to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By -Laws: (i) exercising self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Use Restrictions or Rules and Regulations); and (ii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the 41 Commercial Association may record a notice of violation in the Public Records or perform such maintenance responsibilities and assess all costs incurred by the 41 Commercial Association against the Plot and the Owner as a Specific Assessment. Except in an emergency situation, the 41 Commercial Association shall provide the Owner reasonable notice and an opportunity to cure the problem prior to entering a dwelling. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents if the 41 Commercial Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, reasonably incurred in such action. The decision to pursue enforcement action in any particular case shall be Jell to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking 11 enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case, (i) the 41 Commercial Association's position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; (iii) that although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the 41 Commercial Association's resources, or (iv) that it is not in the 41 Commercial Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed as a waiver of the right of the 41 Commercial Association to enforce such provision at a later time under other circumstances or preclude the 41 Commercial Association from enforcing any other covenant, restriction, or rule. The 41 Commercial Association, by contract or other agreement, may enforce applicable city and county ordinances, if applicable, and permit Lee County to enforce ordinances within the Properties for the benefit of the 41 Commercial Association and its Members. 4.4. Implied Rights-, Board Authority. The 41 Commercial Association may exercise any right or privilege given to it expressly by the Governing Documents and any right or privilege which could be implied from or which is necessary to effectuate any express right or privilege. Except as otherwise specifically provided in the Governing Documents or by law, all rights and powers of the 41 Commercial Association may be exercised by the Board without a vote of the membership. 4.5. Governmental Interests. So long as the Declarant owns any property described in Exhibits "A" or "B" or holds a contractual option to purchase any property described in Exhibit "B," the Declarant may designate sites within time Properties for fire, police, utility facilities, public schools and parks, and other public or quasi -public facilities. The sites may include Common Areas, in which case the 41 Commercial Association shall take whatcver action is required with respect to such site to permit such use, including conveyance of the site, if so directed by Declarant. The sites may include other property not owned by Declarant provided the owner consents. 4.6. Indemnification. The 41 Commercial Association shall indemnify, hold harmless, and defend every officer, director, and committee member, including members of the committees established under Article IX, against all damages and expenses, including attorneys' fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board) to which lie or she may be a party by reason of being or having been an officer, director, or committee member, including, without limitation, any and all claims for personal injury, death, or property damage, except that such obligation to indemnify hold harmless, and defend shall be limited to those actions as to which liability is limited under this Section and Florida law_ 12 The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken, in good faith, on behalf of the 41 Commercial Association (except to the extent that such officers or directors may also be Members of the 41 Commercial Association). The 41 Commercial Association shall indemnify, hold harmless, and defend each such officer, director, and committee member from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The 41 Commercial Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. Decisions whether to institute litigation are no different from other decisions directors make. There is no independent legal obligation to bring a civil action against another party. In deciding whether to bring a civil action against another party, a director is protected by the business judgment rule as explained in Section 3.25 of the By -Laws. In addition to any other rights: (a) Volunteer officers or directors of the Association shall not be personally liable in excess of the coverage of insurance specified in subparagraph (iv), below, to any Person who suffers injury, including but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of his or her tortious act or omission as long as time following requirements are met by the volunteer officer, director and Association: (i) the director's or officers act or omission was performed within the scope of his or her duties; (ii) the director's or officer's act or omission was performed in good faith; (iii) the director's or officers act or omission was not willful, wanton, or grossly negligent; and (iv) the Association maintained and had in effect (at the time the act or omission of the director or officer occurred and at the time a claim was made) one or more insurance policies which included coverage for general liability of the Association and individual liability of officers and directors for negligent acts or omissions in that capacity, both in the amount of at least S1,000,000.00. (b) The payment for actual expenses incurred in the execution of his or her duties shall not affect the status of an officer or director as a volunteer. 13 4.7. Dedication of Common Areas. The 41 Commercial Association may dedicate portions of the Common Areas to Lee County, Florida, or to any other local, state, or federal governmental or quasi -governmental entity. 4.5. Security. The 41 Commercial Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the 41 Commercial Association, the Declarant, nor any successor declarant shall in any way be considered insurers or guarantors of security or safety within the Properties, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security or safety measures undertaken. No representation or warranty is made that any safety measure or security system can not be compromised or circumvented, nor that any such systems or measures undertaken will in all cases prevent loss or provide the detection or protection for which it is designed or intended. Each Owner acknowledges, understands, and covenants to inform its tenants that the 41 Commercial Association, its Board of Directors and Committees, Declarant, and any successor declarant are not insurers and that each person using the Properties assumes all risks for loss or damage to Persons, to Plots, and to the contents of Plots resulting from acts of third parties. Each Owner further acknowledges and understands that community patrol services provided for or employed by other portions of The Brooks shall not extend to the Properties. 4.9. Disaster Management. The Properties are located in a hurricane vulnerability zone. The hurricane evacuation time in Lee County, Florida, is high, and hurricane shelter space is limited. The Association shall have the authority to prepare disaster management plans and educational information regarding hurricane threats. The Association may, but shall not be obligated to take reasonable precautions to mitigate the hardship caused by foreseeable natural disasters through development of disaster management plans. The Board may establish preparations for the Association and its Members, budgeting, staffing, and coordination with local authorities and with contractors, suppliers, and insurers. The expense of developing, updating and implementing the disaster management plan, if any, shall be included as a Common Expense in the Association's budget. Article V maintenance 5.1. Association's Responsibility. (a) The 41 Commercial Association shall maintain and keep in good repair the Area of Common Responsibility, which shall include, but need not be limited to: 14 (i) all landscaping and other flora, parks, lakes or ponds, signage, structures, improvements, private streets, if any, and pedestrian pathways/trails situated upon the Common Area, including the access road for the Properties and the street lighting within such right-of- way, if any; (ii) landscaping, sidewalks, streetlights, and signage within public rights -of --way within or abutting the Properties, and landscaping and other flora within any utility casement within the Properties (subject to the terms of any casement agreement relating thereto); w w such portions of an additional property included within the Area of ("') p Y P P Y � Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, CO covenant, contract, or agreement for maintenance thereof entered into by Declarant or the 41 n Commercial Association; N (iv) such portions of the Conservation Areas, Surface Water Management -10 System, signage, landscaping, or other areas assigned to or transferred by agreement between the CO 41 Commercial Association and a Community Development District; and (v) any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the 41 Commercial Association and its Members, such property and facilities to be identified by written notice from the Declarant to the 41 Commercial Association and to remain a part of the Area of Common Responsibility and be maintained by the 41 Commercial Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the 41 Commercial Association. The 41 Commercial Association may maintain other property which it does not own, including, without limitation, publicly owned property and other property dedicated to public use, if the Board determines that such maintenance is necessary or desirable to maintain the Community -Wide Standard. The 41 Commercial Association may assume responsibility for maintenance of any Plot and assess all costs of such maintenance against the benefited Plot pursuant to Section 8.6 of this Declaration, as appropriate. This assumption of responsibility may take place only by contract with the ORmer(s) of such Plot or because, in the opinion of the Board, the level and quality of maintenance then being provided is not consistent with the Community -Wide Standard. The provision of services in accordance with this Section shall not constitute discrimination within a class. The Association may be responsible for monitoring, maintaining, repairing, reporting and performing obligations arising out of environmental permits as may be designated by Declarant from time to time. (b) The 41 Commercial Association shall maintain the facilities and equipment within the Area of Common Responsibility in continuous operation, except for any periods necessary, as determined in the Board's sole discretion, to perform required maintenance or repairs, unless at least 75% of the Class "A" votes in the 41 Commercial Association and Declarant, so long as 15 Declarant owns any property described on Exhibits "A" or "B" or holds a contractual option to purchase any property described in Exhibit "B," regardless of whether such property is subjected to this Declaration, agree in writing to discontinue such operation. (c) There are hereby reserved to the 41 Commercial Association perpetual, nonexclusive easements over the Properties as necessary to enable the 41 Commercial o Association to fulfill such responsibilities. w (d) Except as otherwise specifically provided herein, all costs associated with 047 maintenance, repair, and replacement of the Area of Common Responsibility shall be a Common o Expense to be allocated among all Plots as part of the Base Assessment, without prejudice to the right of the 41 Commercial Association to seek reimbursement from the owner(s) of, or other N Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, other recorded covenants, or agreements with the owner(s) thereof. %1D 5.2. Owner's Responsibility. Each Owner shall maintain its Plot and all structures, parking areas, and other improvements comprising the Plot, and any landscaping within any adjacent road right-of-way up to the curb of such road, in a manner consistent with the Community -Wide Standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed by the 41 Commercial Association pursuant to a contract with such Owner. Such maintenance shall include, but is not limited to, the following: (a) prompt removal of all litter, trash, refuse, and waste; (b) lawn mowing and fertilizing on a regular basis; (c) tree and shrub pruning and mulching; (d) watering of landscaped areas; (e) keeping exterior lighting and maintenance facilities in proper working order; (0 implementing and maintaining erosion -sedimentation control measures; (g) painting or staining, as appropriate, and regular maintenance and repair of the exterior of all improvements and signage; (h) roof repair and replacement as necessary to maintain a neat, uniform appearance over the surface of the roof; (i) keeping lawn and garden areas alive, free of weeds, and attractive; 0) keeping parking areas, driveways, and roads in good repair, and free of potholes, excessive cracks, and weeds; 16 (k) seal coating parking areas, driveways, and roads, and painting such paved surfaces with traffic and parking lines, signals, and directional information; complying with all government health and police requirements; and c� (m) prompt repair of any exterior damage to improvements. c ,� 0 5.3. Standard of Performance. co Maintenance, as such term is used in this Article, shall include, without limitation, repair and replacement as needed, as well as such other duties, which may include irrigation, as the N Board may determine necessary or appropriate to satisfy the Community -Wide Standard. All Cil maintenance and irrigation shall be perforated in a manner consistent with the Community -Wide o 0 Standard. Notwithstanding anything to the contrary contained herein, the 41 Commercial Association and/or an Owner shall not be liable for property damage or personal injury occurring on, or arising out of the condition of, property which it does not own unless and only to the extent that it has been negligent in the performance of its maintenance responsibilities. Article VI Insurance and Casualty Losses 6.1. Association Insurance. (a) Coverage. The 41 Commercial Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect, if reasonably available and to the extent the Board deems reasonably necessary, blanket property insurance on any portions of the Area of Common Responsibility for which the 41 Commercial Association has maintenance, repair, and/or replacement responsibilities; commercial general liability insurance on the Area of Common Responsibility; directors and officers liability coverage; fidelity insurance; and such additional insurance as the Board, in its business judgment, determines advisable or is required by law. The Board shall annually review the types and amounts of insurance coverage and shall establish the requirements for such coverages. In the event of an insured loss, the deductible, in such amount as established by the Board, shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with Section 3.24 of the By -Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Plots pursuant to Section S.G. 41 Commercial Association insurance shall not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually. (b) Damage and Destruction. In the event of a loss covered by 41 Commercial Association insurance, the Board or its duly authorized agent shall file and adjust all insurance claims. Any damage to or destruction of the Common Area shall be repaired or reconstructed 17 unless Members representing at least 75% of the total Class "A" votes in the 41 Commercial Association, and the Class "B" Member, if any, decide within 60 days after the loss, or such additional time deemed necessary by the Board, not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If the damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared and shall be maintained by the 41 Commercial Association consistent with the Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the 41 Commercial Association and placed in a capital improvements account. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board of Directors may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums. 6.2. Owners'insurance. By virtue of taking title to a Plot, each Owner covenants and agrees with all other Owners and with the 41 Commercial Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Plot, less a reasonable deductible. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising his Plot, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as arc approved in accordance with Article IX. Alternatively, the Owtter shall clear the Plot and maintain the Plot in a neat and attractive, landscaped condition consistent with the Community -Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. Article VII Annexation and Withdrawal of Property 7.1. Annexation Without Approval of Membership. Until all property described on Exhibit "B" has been subjected to this Declaration or 20 years after the recording of this Declaration, whichever is earlier, Declarant may unilaterally subject to the provisions of this Declaration all or any portion of the real property described on Exhibit "B." Declarant may transfer or assign this right to annex property, provided that the transferee or assignee is the developer of at least a portion of lire real properly described in Exhibits "A" or 'B" and that such transfer is memorialized in a written, recorded instrument executed by Declarant. Such annexation shall be accomplished by filing in the Public Records a Supplemental Declaration describing the property to be annexed. Such Supplemental Declaration shall not require the consent of Members, but shall require the consent of the owner of such property, if other than Declarant. Any inch annexation shall be effective upon the filing for record of such Supplemental Declaration unless other%vise provided therein. is 0 w 0 Ic- 00 Nothing in this Declaration shall be construed to require Declarant or any successor to annex or develop any of the property set forth in Exhibit "B" in any manner whatsoever. 7.2. Annexation With Approval of Membership. The 41 Commercial Association may annex any real property to the provisions of this Declaration with the consent of the owner of such property, the affirmative vote of Members representing a majority of the Class "A" votes of the 41 Commercial Association represented at a meeting duly called for such purpose, and the consent of the Declarant, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 7.1. Such annexation shall be accomplished by filing a Supplemental Declaration in the Public Records describing the property being annexed. Any such Supplemental Declaration shall be signed by the President and the Secretary of the 41 Commercial Association, and by the owner of the property being annexed, and by the Declarant, if the Declarant's consent is required. Any such annexation shall be effective upon filing unless otherwise provided therein. 7.3. Withdrawal of Property. Declarant reserves the right to unilaterally amend this Declaration so long as it has a right to annex additional property pursuant to Section 7.1, for the purpose of removing any portion of the Properties from the coverage of this Declaration, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Properties. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not the Declarant. If the property is Common Area, the 41 Commercial Association shall consent to such withdrawal upon the Declarant's request. 7.4. Additional Covenants and Easements. The Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the 41 Commercial Association to maintain and insure such property on behalf of the Owners and obligating such Owners to pay the costs incurred by the 41 Commercial Association through Base Assessments. Such additional covenants and easements shall be set forth in a Supplemental Declaration and shall require the written consent of the owner(s) of the subject property, if other than the Declarant. If the additional covenants and easements are applicable to property annexed pursuant to Section 7.1, such Supplemental Declaration may be filed either concurrent with or after the annexation of the subject property. Any Supplemental Declaration annexing additional property may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to such additional property in order to reflect the different character and intended use of such property. 7.5. Amendment. This Article shall not be amended without the prior written consent of Declarant, so long as the Declarant owns any property described in Exhibits "A" or "B" or holds a contractual option to purchase any property described in Exhibit "B." 19 Article V111 Assessments 5.1. Creation of Assessments. o A The 41 Commercial Association is hereby authorized to levy assessments against each W Plot for 41 Comercial Association expenses as the Board may specifically authorize from time to CD Z_ time. There shall be three types of assessments: (a) Base Assessments to fund Common Co Expenses for the general benefit of all Plots; (b) Special Assessments as described in Section 5.5; v and (c) Specific Assessments as described in Section 5.6. Each Owner, by accepting a deed or N entering into a recorded contract of sale for any portion of the Properties, is deemed to covenant Cn and agree to pay these assessments. W All assessments, together with interest from the due date of such assessment at a rate determined by the Board (but not less than 10% per annum, subject to the limitations of Florida law), reasonable late charges (in such amount as the Board may establish by resolution from time to time), costs, and reasonable attorneys' fees, shall be a charge and continuing lien upon the Plot against which each assessment is levied until paid, as more particularly provided in Section S.S. Each such assessment, together with interest, late charges, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Plot at the time the assessment arose. Upon transfer of title to a Plot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. However, no first Mortgagee who obtains title to a Plot by exercising the remedies provided in its Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title. Assessments shall be paid in such manner and on such dates as the Board may establish. If the Board so elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Plot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. The 41 Commercial Association shall, upon request, furnish to any Owner liable for any type of assessment a certificate in writing signed by a 41 Commercial Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The 41 Commercial Association may require the advance payment of a processing fee for the issuance of such certificate. No Owner may exempt itself from liability for assessments by non-use of Common Areas, abandonment of its Plot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the 41 Commercial Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. 20 The 41 Commercial Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services, materials, or a combination of services and materials with the Declarant or other entities for payment of Common Expenses. 8.2. Declarant's Obligation for Assessments. o w During the Class "B" membership, Declarant may annually elect either to pay regular p assessments on its unsold Plots or to pav the difference between the amount of assessments r levied on all other Plots subject to assessment and the amount of actual expenditures by the 41 rn Commercial Association during the fiscal year. Unless the Declarant otlicnvise notifies the Board in writing at least 60 days before the beginning of each fiscal year, the Declarant shall be :v deemed to have elected to continue paying on the same basis as during the immediately cr preceding fiscal year. The Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. 8.3_ Computation of Base Assessment. Al least 60 days before the beginning of each fiscal year, the Board shall prepare a budget covering the estimated Common Expenses for the coming year, which may include a capital contribution to a reserve fund in accordance with a budget separately prepared as provided in Section 8.4. In determining the total funds to be generated through Base Assessments, the Board, in its discretion, may consider other sources of funds available to the 41 Commercial Association, including any surplus from prior years and any assessment income expected to be generated from any additional Plots reasonably anticipated to become subject to assessment during the fiscal year. The total budget shall be allocated among all Plots subject to assessment under Section 8.7 in accordance with the fortula set forth on Exhibit "C." So long as the Declarant has the right unilaterally to annex additional property pursuant to Article VII, the Declarant may, but shall not be obligated to, reduce the Base Assessments for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.2), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in the Declarant's discretion. Any such subsidy and the nature thereof shall be conspicuously disclosed as a line item in the income portion of the Common Expense budget and its characterization shall be made known to the membership. The payment of such subsidy in any year shall under no circumstances obligate the Declarant to continue payment of such subsidy in future years. The Board shall send a copy of the budget and notice of the amount of the Base Assessment for the following year to each Owner at least 30 days prior to the effective date of such budget. Such budget and assessment shall become effective unless disapproved at a meeting by a vote of Owners representing at least a majority of the total Class "A" vote in the 41 Commercial Association, and by the Class "B" Member, if such exists. There shall be no obligation to call a meeting for the purpose of considering a budget except on petition of the Owners as provided for special meetings in the By -Laws, which petition must be presented to the Board within 10 days after delivery of the budget and notice of assessments. 21 The Board may revise the budget and any assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. If any proposed budget is disapproved or the Board fails for any reason to detcnuine the budget for any year, then until such time as a budget is determined, the budget most recently o in effect for the immediately preceding year shall continue for the current year. W 0 5.4. Reserve Budget and Capital Contribution. r- co The Board may annually prepare a reserve budget which takes into account the number and nature of replaceable assets within the Area of Common Responsibility, the v expected life of each asset, and the expected repair or replacement cost. The Board may set the eft required capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the 41 Commercial Association, as shown on the reserve budget, with respect c.n both to amount and timing over the budget period. 8.5. Special Assessments. In addition to other authorized assessments, the 41 Commercial Association may levy Special Assessments from time to time to cover unbudgeted, extraordinary, or other expenses which the Board determines to be more appropriately handled outside of the annual operating budget. The Board shall have the authority to levy Special Assessments against a Plot not exceeding the annual Base Assessment for such Plot without a vote of the Plot Owners. Any Special Assessment which exceeds the Base Assessment for that fiscal year shall require the affirmative vote or written consent of Owners representing at least 51% of the total Class "A" votes allocated to Plots which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class'B" Member, if such exists. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.6. Specific Assessments. The Board shall have the power to levy Specific Assessments against a particular Plot or Plots constituting less than all Plots within the Properties as follows: (a) to cover the costs, including overhead and administrative costs, of providing benefits, items, or services to the Plot or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize to be offered to Owners (which might include, without limitation, landscape maintenance, janitorial service, pest control, courier service, etc.), which assessments may be levied in advance of the provision of the requested benefit, item, or service as a deposit against charges to be incurred by the Owner; and (b) to cover costs incurred in bringing the Plot into compliance with the Governing Documents or costs incurred as a consequence of the conduct of the Owner or occupants of the Plot, their licensees, invitees, or guests; provided, the Board shall give the Plot 22 Owner prior written notice and an opportunity for a hearing, in accordance with By -Laws Section 3.24, before levying a Specific Assessment under this subsection N. 8.7. Date of Commencement of Assessments. The obligation to pay assessments shall commence as to cacti Plot on the first day of the month following the transfer or conveyance of the Plot from Declarant to a third party. The first annual Base Assessment levied on each Plot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Plot. 8.8. Lien for Assessments. All assessments authorized in this Article shall constitute a lien in favor of the 41 Commercial Association against the Plot upon which they are levied until paid. The lien shall also secure payment of interest, late charges, and costs of collection (including attomeys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and foreclosure in the same manner as mortgages on real property are foreclosed under Florida law. The 41 Commercial Association, acting through the Board, may bid for the Plot at the foreclosure sale and acquire, hold, lease, mortgage, and convey tire Plot; provided, during the period in which the Declarant has the right to appoint a majority of the Board, at least 51 % of the total Class "A" votes in the 41 Commercial Association must approve the acquisition and mortgage of such a Plot. While a Plot is owned by the 41 Commercial Association following foreclosure: (a) no right to vote shall be exercised on its behalf, (b) no assessment shall be levied on it; and (c) each other Plot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Plot had it not been acquired by the 41 Commercial Association. The 41 Commercial Association may sue for unpaid Compton Expenses and costs without foreclosing or waiving the lien securing the same. The sale or transfer of any Plot shall not affect the assessment lien or relieve such Plot from the lien for any subsequent assessments. However, the sale or transfer of any Plot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to such sale or transfer. A Mortgagee or other purchaser of a Plot who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Plot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Plots subject to assessment under Section 8.7, including such acquirer, its successors and assigns. 8.9. Failure to Assess. Failure of the Board to fix the amount of any assessment or to deliver or mail to each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay annual Base Assessments on the same basis as due for the last year for which an assessment was 23 0 C-0 0 co -o c-) ry Ln rn determined, if any, until a new assessment is made, at which time the 41 Commercial Association may retroactively assess any shortfalls. 8.10. Exempt Property. The following property shall be exempt from payment of Base Assessments and o Special Assessments pursuant to this Declaration: C-a C7 (a) all Common Area and such portions of the property owned by the Declarant as are included in the Area of Common Responsibility pursuant to Section 5.1; and a cn (b) any property dedicated to and accepted by any governmental authority or N Ul public utility. In addition, the Declarant and/or the 41 Commercial Association shall have the right, but not the obligation to grant exemptions to certain Persons qualifying for tax-exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 8.11. Capitalization of Association. Upon acquisition of record title to a Plot by the first Owner thereof other than the Declarant, and upon each subsequent transfer or conveyance (of any type whatsoever), a contribution shall be made by or on behalf of the purchaser to the reserves of the 41 Commercial Association in an amount established by the Supplemental Declaration applicable to such Plot. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be paid to the 41 Commercial Association upon the closing or other settlement of the transfer or conveyance of the Plot. Any unpaid capitalization assessment shall constitute a lien in favor of the 41 Commercial Association against the Plot as provided in this Article. Notwithstanding the foregoing, a capitalization assessment shall not be levied upon the conveyance of an undivided interest in a Plot by the Owner thereof to any then existing co- O%vtter(s) of such Plot. Article U{ Architecture and Landscaping 4.1. General. No structure or thing shall be placed, erected, installed, or posted on the Properties and no improvements or other work (including staking, clearing, excavation, grading, and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except in compliance with this Article and the Design Guidelines. No signage shall be placed, erected, installed, or displayed on any portion of the Properties except for signage installed by the Declarant unless such signage has been approved in writing by the Reviewer. 24 No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of any structure within his or her Plot without approval. However, modifications to portions of a Plot visible from outside any structure shall be subject to approval. o c.o All buildings constructed on any portion of the Properties shall be designed by and built o in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by the Declarant or its designee in its sole discretion. OD -o Q� This Article shall not apply to the activities of the Declarant, nor to activities of the v 41 Commercial Association during the Class "B" membership. 9.2. Architectural Review. ro (a) B Declarant. Until 100% of the property described on Exhibit "A" and "B" has been developed, constructed, and received a certificate of completion, the Declarant shall have the exclusive right to exercise architectural review under this Article, unless earlier terminated in a written instrument executed by Declarant and recorded in the Public Records. Each Owner, by accepting a deed or outer instrument conveying any interest in any portion of the Properties, acknowledges that, as the developer of the Properties and as an Owner of portions of the Properties as well as other real estate within the vicinity of the Properties, Declarant has a substantial interest in ensuring that the improvements within the Properties preserve its reputation and do not impair the Declarant's ability to market its property. Therefore, each Owner covenants and agrees that no activity within the scope of this Article ("Work") shall be commenced on such Owners Plot unless and until the Declarant or its designee has given its prior written approval for such Work, which approval may be granted or withheld in the Declarant's or it's designee's sole discretion. In reviewing and acting upon any request for approval, Declarant and its designee shall owe no duty to any other Person. The Declarant may, in its sole discretion, designate one or more Persons from time to time to act on its behalf in reviewing applications hereunder. The Declarant may from time to time, but shall not be obligated to, delegate all or a portion of its reserved rights under this Article to (i) an architectural review committee appointed by the Board of Directors (the "ARC"); or (ii) a committee comprised of architects, engineers or other persons who may or may not be Members of the 41 Commercial Association. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (i) lire right of Declarant to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) the right of Declarant to veto any decision which Declarant determines, in its sole discretion, to be inappropriate or inadvisable for any reason. So long as the Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to such matters as are specifically delegated to it by the Declarant. (b) Architectural Review Committee. Upon delegation by Declarant or upon expiration or termination of the Declarant's rights under this Article, the 41 Commercial Association, acting through the ARC, shall assume jurisdiction over architectural matters hereunder. The ARC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve 25 and may be removed and replaced in the Board's discretion. The members of the ARC need not be Members of the 41 Commercial Association or representatives of Members, and may, but need not, include architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the Board. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the ARC or the Declarant's rights under this Article terminate, the 41 Commercial Association shall have no jurisdiction over architectural matters. (c) Fees; Assistance. For purposes of this Article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. The Declarant and the 41 Commercial Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the 41 Commercial Association's annual operating budget as a Common Expense. 9.3. Guidelines and Procedures. (a) Design Guidelines. The Declarant may prepare initial Design Guidelines, which are intended to provide guidance to Owners and builders regarding matters of particular concern to the Reviewer in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Design Guidelines does not guarantee approval of any application. The Declarant shall have sole and full authority to amend the Design Guidelines as long as it owns any portion of the Properties or has a right to expand the Properties pursuant to Section 7.1, notwithstanding a delegation of reviewing authority to the ARC, unless the Declarant also delegates the power to amend to the ARC. Upon termination or delegation of the Declarant's right to amend, the ARC shall have the authority to amend the Design Guidelines with the consent of the Board. Any amendments to the Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Design Guidelines less restrictive. The Reviewer shall make the Design Guidelines available to Owners and builders who seek to engage in development or construction within the Properties. In the Declarant's discretion, such Design Guidelines may be recorded in the Public Records, in which event the recorded version, as it may unilaterally be amended from time to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time. (b) Procedures. Prior to commencing any Work within the scope of this Article, an Owner shall submit to the appropriate Reviewer an application for approval of the proposed Work in such form as the Design Guidelines or the Reviewer may specify. Such application shall include plans and specifications ("Plans") showing site layout, structural design, exterior 26 0 W 0 W -o Gn ry (-n ZD elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable or as required by the Design Guidelines. The Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, hamrony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewer shall, within 45 days after receipt of a completed application and all required information, respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the Reviewer fails to respond within 45 days, approval shall be deemed to have been given, subject to the Declarant's right to veto approval by the ARC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted pursuant to Section 9.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the 41 Commercial Association, the Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities arc undertaken in strict compliance with the requirements of such resolution. (c) Siena ,e Criteria. The Declarant shall prepare signage criteria ("Signage Criteria") regulating the existence, location, size, content, illumination, and all issues related to signs and advertisements within the Properties. No sign or advertisement shall be pennitted within the Properties unless approved by the Reviewer and consistent with the Signage Criteria. The entity 27 .= 3 0 Cn -v N Cn Lam: holding the authority to amend the Design Guidelines shall also have sole and full authority to amend the Signage Criteria to make such more or less restrictive, as it shall deem appropriate. 9.4. No Waiver of Future Approvals. U Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and C) application of the Design Guidelines, may vary accordingly. In addition, each Owner � acknowledges that it may not always be possible to identify objectionable features of proposed —o Work until the Work is completed, in which case it may be unreasonable to require changes to a the improvements involved, but the Reviewer may refuse to approve similar proposals in the N future. Approval of applications or Plans for any work done or proposed, or in connection with (-n any other matter requiring approval, shall not be deemed to constitute a waiver of the right to _ withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 9.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted Rules and Regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 9.6. Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties but shall not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all structures are of comparable quality, value, or size or of similar design. Neither the Declarant, the 41 Commercial Association, the Board, any committee, nor member of any of the foregoing shall be held liable for soil conditions, drainage, or other general site work, nor for any defects in plans revised or approved hereunder, nor for any injury, damages, nor loss arising out of the manner or quality of approved construction on or modifications to any Plot. In all matters, the ARC and all persons comprising the ARC shall be defended and indemnified by the 41 Commercial Association as provided in Section 4.6. 9.7. Certificate of Compliance. Any Owner may request that the Reviewer issue a certificate of architectural compliance certifying that on such Owners Plot there are no known violations of this Article or the Design Guidelines. The 41 Commercial Association shall either grant or deny such request within 30 28 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the 41 Commercial Association from taking enforcement action with respect to any condition as to which the 41 Commercial Association had notice as of the date of such certificate. Article X Use Restrictions 10.1. Plan of Development,, Applicability: Effect. Declarant has established a general plan of development for the Properties as a planned community in order to enhance all Owners' quality of life and collective interests and the aesthetics and environment within the Properties and the surrounding communities. To accomplish this objective, the Properties are subject to the Design Guidelines enacted in accordance with Article IX, other Rules and Regulations adopted by the Board, and individual restrictions on conduct and use of or actions upon the Properties promulgated pursuant to this Article which establish affirmative and negative covenants, easements, and restrictions on Properties and which shall apply in addition to any restrictions applicable to a particular Plot or Plot(s) pursuant to a Supplemental Declaration filed in accordance with Section 7.2. With respect to the Use Restrictions promulgated pursuant to this Article, the Board and the Members shall have the ability, in the manner set forth below, to respond to changes in circumstances and needs within the Properties. All provisions of the Governing Documents and supplements shall apply to all Persons on the Properties. The lessee and all occupants of leased Plots shall be bound by tile terms of time Governing Documents and supplements, whether or not the lease so provides. All Owners shall be responsible for inserting a provision in any lease informing the lessee and all occupants of the Plot of all applicable Use Restrictions and Rules and Regulations affecting the Plot and the Common Area. 10.2. Authority to Promulgate Use Restrictions. Initial Use Restrictions applicable to all of the Properties are attached as Exhibit "D" to this Declaration. Plots may be subject to additional recorded restrictions and conditions on the use and activity permitted on such Plot. Subject to the terms of this Article, the Use Restrictions contained in Exhibit "D" may be modified in whole or in part, repealed, or expanded as follows: (a) Subject to its duty to exercise business judgment on behalf of the 41 Commercial Association and its Members, the Board may adopt Use Restrictions which establish, modify, cancel, limit, create exceptions to, or expand the initial Use Restrictions set forth on Exhibit "D." The Board shall conspicuously publish notice of any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken. Any Use Restriction adopted by the Board shall become effective unless disapproved at a meeting by Members representing at least 51% of the total Class "A" votes in the 41 Commercial Association and by the Class "B" Member, if any. Tile Board shall have no 29 N obligation to call a meeting of the Members to consider disapproval except upon petition of the Members as required for special meetings in the By -Laws. (b) The Members, at a meeting duly called for such purpose as provided in By - Laws Section 2.4, may adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions by a vote of at least 51% of the total Class "A" votes in the 41 Commercial Association and the approval of the Class "B" Member, if any. 0 (c) At least 30 days prior to the effective date of any action taken under w subsections (a) or (b) of this Section, the Board shall send a copy of the Use Restriction to each 0 Owner. The 41 Commercial Association shall provide, without cost, a copy of the Use r- Restrictions to any requesting Member or Mortgagee. co --o (d) Notwithstanding the above, after termination of the Class "B" Membership, rw no amendment to or modification of any Use Restrictions shall be effective without prior notice ul to and the written approval of Declarant so long as the Declarant owns any portion of the W Developable Land. (e) Nothing in this Article shall authorize the Board or the Members to modify, repeal or expand the Design Guidelines or any covenant, condition, or restriction set forth in a Supplemental Declaration. All matters of architectural control and aesthetics shall be governed by the Design Guidelines. (1) The provisions set forth in this Article shall be applicable to Use Restrictions only and shall not apply to Board adopted Rules and Regulations. 10.3. Owners' Acknowled nq ient. All Owners and occupants of Plots are given notice that use of their Plots is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by accepting a deed or entering into a recorded contract of sale, acknowledges and agrees that the use and enjoyment and marketability of its property may be affected by this provision and that the Use Restrictions may change from time to time. 10.4. Rights of Owners. Except as may be specifically set forth in this Declaration (either initially or by amendment), by separately recorded restriction, or in Exhibit "D," neither the Board nor the Members may adopt any Use Restriction in violation of the following provisions: (a) Equal Treatment. Similarly situated Owners and occupants shall be treated similarly. (b) Alienation. No Use Restriction shall prohibit leasing or transfer of any Plot, or require consent of the 41 Commercial Association or Board for leasing or transfer of any Plot. The 41 Commercial Association may require that Owners use lease forms approved by the 41 30 Commercial Association and may impose administrative and transfer fees on the lease or transfer of any Plot in such amount as may be reasonably determined by the Board and which may be graduated in rates based on length of the lease, type of occupancy, or other factors deemed appropriate by the Board. (c) Rights to Develop. No Use Restriction or action by the 41 Commercial Association or Board shall impede Declarant's right to develop the Properties. W (d) Abridging Existing Rights. If any Use Restriction would otherwise require o Owners or occupants of Plots to dispose of personal property which they maintained in or on the -17- Plot prior to the effective date of such Use Restriction, and in compliance with all Use co Restrictions in force at that time, such Use Restriction shall not apply to any such Owners without their written consent unless the Use Restriction was in effect at the time such Owners or N cn occupants acquired their interest in the Plot. The foregoing limitations apply to Use Restrictions only; nothing herein shall be construed as a limitation on amendments to this Declaration pursuant to Section 14.2. Article \I Easements 11.1. Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Plot and any adjacent Common Area or between adjacent Plots, due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an casement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.2. Easements for Utilities. Etc. (a) The Declarant reserves, so long as the Declarant owns any property described on Exhibit "A" or "B" of this Declaration or holds a contractual option to purchase any property described on Exhibit "B," easements for the following purposes throughout all of the Properties, on behalf of itself, and its nominees, successors and assigns: (i) installing, operating, maintaining, repairing and replacing infrastructure to serve the Properties, including, without limitation, roads, walkways, pathways and trails, the Surface Water Management System, recreational facilities, areas to comply with environmental permit obligations, street lights, and signage, such casements shall be exclusive to the Declarant unless and until granted or conveyed to the Association or third party, which may be perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats; 31 (ii) installing, operating, maintaining, repairing and replacing utilities to serve the Properties and each Plot, including, without limitation, gas, electricity, security and similar systems, such easements shall be exclusive to the Declarant unless and until granted or conveyed to a third party, which may be perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such W casements or interests or on the recorded plats; o Co (iii) installing, operating, maintaining, repairing and replacing pipes and systems to transport and distribute potable water, irrigation water, and treated effluent, to serve c the Properties and each Plot, such easements shall be exclusive to the Declarant until granted or N conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or ( n conveying such easements or interests or on the recorded plats; (iv) installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, and other systems for sending and receiving data and/or other electronic signals, to serve the Properties and each Plot, such easements shall be exclusive to the Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such casements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. (b) Declarant also reserves for itself the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed in Section 11.2(a) and to grant and record in the Public Records such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibits "A" and "B." Any such contract, agreement, or casement may, in the Declarant's sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems installed on or in the Plots, dwellings, and other structures constructed on Plots and Common Areas within time Properties. The Owner of any property to be burdened by any easement granted pursuant to this sub -Section shall be given written notice in advance of the grant. The location of any easement granted pursuant to this Section shall be subject to the written approval of the Owner of the property burdened by that casement, which approval shall not be unreasonably withheld, delayed or conditioned. Upon the grant of any easement pursuant to this Section, the grantee shall (a) cause all work associated with that easement to be performed with the least possible interference to the use and enjoyment of the property burdened by that easement; and (b) upon completion of all work associated with that easement, cause the property burdened by that casement to be restored, to the extent reasonably possible, to its condition prior to the commencement of the work. (c) All work associated with the exercise of the easements described in Section 11.2(a) shall be performed in such a manner as to minimize interference with the use and enjoyment of the property burdened by time casement. Upon completion of the work, the Person exercising the easement shall restore the property, to the extent reasonably possible, to its condition prior to the commencement of the work. The exercise of these casements shall not unreasonably interfere with the use of any Plot and, except in an emergency, entry onto any Plot shall be made only after reasonable notice to the Owner or occupant. 32 Notwithstanding anything to the contrary contained in this Section, no above ground sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Properties except (a) as may be approved by the Declarant, as long as it has the unilateral right to subject additional property to this Declaration, or by the Board after the expiration of such rights; or (b) as may be constructed as a part of the original development and/or sale by the Declarant; or (c) as may be permitted by the terms of any easement affecting the Properties and recorded prior to time recording of this Declaration. The easements provided for in this Section shall in no way adversely affect any other recorded casement on the Properties, nor shall they be exercised in any manner which materially restricts or interferes with the use and development of the Plot. 11.3. Easements for Slormwater Drainage and Retention. Each portion of time Properties is hereby subjected to a non-exclusive casement appurtenant to and for the benefit of each other portion of the Properties for the purpose of stormwater drainage and runoff in accordance with the Surface Water Management System established by Declarant for The Brooks, which easement shall include the right to tic into existing stormwater drainage facilities and to divert stormwater rnoff to or from each Plot into such stormwater drainage facilities at such points and in such manner as approved by the Declarant. The foregoing easements slmall be subject to any and all restrictions regarding quantity, rate and quality of discharge which the Declarant may hereafter impose or which may be imposed on the Properties, the Declarant or any subsequent Owner by any governmental entity having jurisdiction. 11.4. Easements for Lake and Pond Maintenance and Flood Water. The Declarant reserves for itself and its authorized designee, which may be a private water company, their successors, assigns, and designees, the exclusive right and casement, but not the obligation, to enter upon bodies of water and wetlands located within the Area of Common Responsibility to (a) install, operate, maintain, and replace pumps, equipment, and outfall structures to draw upon the surface water and to supply irrigation water both within and outside of the Properties; (b) construct, maintain, and repair structures and equipment used for retaining water; and (c) maintain such areas in a manner consistent with the Community -Wide Standard. The Declarant, any private water company, public or private utility company, the 41 Commercial Association, Community Development District, and their successors, assigns and designees shall have an access casement over and across any of the Properties abutting or containing bodies of water or wetlands to the extent reasonably necessary to exercise their rights under this Section and this Declaration. The Declarant further reserves for itself, the 41 Commercial Association, a Community Development District, and their successors, assigns and designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common Area adjacent to or within 100 feet of bodies of water and wetlands within the Properties, in order, at their option and sole discretion, to (a) temporarily flood and back water upon and maintain water over such portions of the Properties; (b) alter in any manner and generally maintain the bodies of water and wellands 33 CD W O .- W -o m N rs Ali within the Area of Common Responsibility; and (c) maintain and landscape the slopes and banks pertaining to such areas. All persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from the intentional exercise of such casements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to hurricanes, heavy rainfall, or other natural occurrences. 11.5. Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, representatives, employees, successors, assigns, licensees, and mortgagees, an casement over the Common Areas for the purposes of enjoyment, use, access and development of The Brooks and adjacent property owned by Declarant, whether or not such property is made subject to this Declaration. This easement includes but is not limited to a right of ingress and egress over the Common Areas for construction of roads and for tying in and installation of utilities on such property. Declarant agrees that it, its successors or assigns, shall be responsible for any damage caused to the Common Areas as a result of vehicular traffic connected with development of such property. Declarant further agrees that if the casement is exercised for permanent access to the such property and such property or any portion benefiting from such easement is not made subject to this Declaration, time Declarant, its successors, or assigns shall enter into a reasonable agreement with the 41 Commercial Association to share the cost of maintenance of any private roadway serving such property. 11.6. Right of En". The 41 Commercial Association shall have the right, but not time obligation, to enter upon any Plot for emergency, security, and safety reasons, and to inspect for time purpose of ensuring compliance with the Governing Documents. This right may be exercised by any member of the Board, any officer, manager, agent or employee of the 41 Commercial Association acting with the permission of the Board, and all police, fire, and similar emergency personnel in the performance of their duties. This right of entry shall include the right of the 41 Commercial Association to enter upon a Plot to perform maintenance or cure any condition which may increase the possibility of a fire or other hazard, in the event that the Owner fails or refuses to perform such maintenance or cure such condition within a reasonable time after request by the Board. Except in an emergency situation to avoid an imminent threat of personal injury or property damage, entry into any portion of a Plot not generally open to the public shall only be authorized during reasonable hours and after receipt of the Owners or occupant's consent. 11.7. Easements over Common Areas. In addition to the easements specifically described herein, Declarant does hereby reserve to itself, its successors and assigns, a perpetual, non-exclusive casement over all of the Common Areas for ingress, egress, access, use, and enjoyment and for such other purposes as Declarant, in its sole discretion determines appropriate, together with the right to grant additional easements to such Persons and for such purposes as Declarant deems appropriate in its sole discretion. 34 W O Z7 CIO -o m N On .J 11.8. Easement for Community Development District. The Declarant hereby reserves to itself and may grant to any Community Development District established within The Brooks, a perpetual, non-exclusive easement over, across, C-D through, and under the Properties, to the extent reasonably necessary, for ingress, egress, and W access to any properties and facilities which may be owned, maintained, or operated by such O Community Development District. However, this easement shall not include a right to enter any Pw enclosed structure on a Plot or to unreasonably interfere with the use of any Plot. Any damage resulting from the exercise of this easement shall promptly be repaired by, mid at the expense of, c the Person exercising the casement. ry rs Article XII Declarant's Rights CO 12.1. Transfer of Declarant Rights. Any or all of the special rights and obligations of the Declarant reserved in this Declaration or the By -Laws may be transferred in whole or in part to other Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or the By -Laws, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Public Records. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to record any written assignment unless necessary to evidence Declaranfs consent to such exercise. 12.2. Use of Common Area. The Declarant and its designees may maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, may be required, convenient, or incidental to the construction or sale of Plots, including, but not limited to, maintenance of business offices, signs, model units, and sales offices. The Declarant and its designees shall have an easement for access to such facilities. The Declarant and its employees, agents, and designees shall also have a right and easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as it deems appropriate in its sole discretion. 12.3. Approval of Additional Covenants. No Person shall record any declaration of covenants, conditions, and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. 35 12A. Right to Approve Changes in Community Standards. No amendment to or modification of any Use Restrictions, Design Guidelines, or Rules and Regulations shall be effective without prior notice to and the written approval of Declarant so long as the Declarant owns property subject to this Declaration or within the Master Plan for The Brooks. 12.5. Changes in Surface Water Management System. So long as Declarant owns land within the Properties or which may be annexed to become a part of the Properties, Declarant shall have the right and the power, but neither the duty nor the obligation to amend the designation of the Primary Surface Water Management System and Secondary Surface Water Management System, to add or delete features of the Surface Water Management System and to modify any permits issued for the Surface Water Management System as it deems necessary to reflect changes in development plans, changed conditions, governmental requirements or for any other reason it deems appropriate. The Declarant may transfer all or a portion of the Surface Water Management System to or from a Community Development District upon written agreement of the district and acceptance of the district by the South Florida Water Management District. Additionally, Declarant may transfer all or a portion of the Surface Water Management System to one or more association entities within The Brooks and allocate maintenance responsibilities and financial obligations of the Association and other Persons through a covenant to share costs. 12.6. Easement To Inspect and Right To Correct. (a) Declarant reserves for itself and such other Persons as it may designate perpetual non-exclusive casements throughout 41 Commercial Association to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Plots and the Area of Common Responsibility. Declarant shall have the right, but not the obligation, to redesign or correct any part of the Area of Common Responsibility, and lire right to redesign or correct deficiency on any Plot in its sole discretion. (b) Entry onto a Plot shall be after reasonable notice, except in an emergency. Entry into a stricture on a Plot shall be only after Declarant notifies the Plot's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Plot to perform such activities. (e) Any damage to a Plot or the Area of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Plot and entry onto any Plot shall be made only after reasonable notice to the Owner or occupant. 36 O 00 -0 m N Ln 12.7. Formation of Districts. Declarant reserves the right, but not the obligation, to establish districts ("Districts") within the Properties to address any special requirements, services, costs, or other matters which are unique to the Plots or property within such District. Districts shall be established, if at all, by Supplemental Declaration, and may provide for, without limitation, special services to be provided by the 41 Commercial Association to the Owners or Plots contained therein and the payment of district assessments which shall be in addition to and enforced in accordance with the provisions of Article Vill. Additional covenants, conditions, easements, and restrictions may be set forth in the Supplemental Declaration governing the District. 12.5. Ternmination of Ri Wits. The rights contained in this Article shall not terminate until the earlier of (a) 40 years from the date this Declaration is recorded in time Public Records, or (b) recording by Declarant of a written statement that all sales activity has ceased. Article XIII Dispute Resolution and Limitation on Litigation 13.1. Consensus for Association Litigation. Except as provided in this Section, the 41 Commercial Association shall not commence a judicial or administrative proceeding without the approval at least 75% of the Members. This Section shall not apply, however, to (a) actions brought by the 41 Commercial Association to enforce the Governing Documents (including, without limitation, time foreclosure of liens); (b) the collection of assessments; (c) proceedings involving challenges to ad valorem taxation; or (d) counterclaims brought by the 41 Commercial Association in proceedings instituted against it. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 13.2. Alternative Method for Resolving Disputes. The Declarant, the 41 Commercial Association, its officers, directors, and committee members, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Partics") agree to encourage the amicable resolution of disputes involving the Properties, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Section 13.3 ("Claims") to the procedures set forth in Section 13.4 prior to filing suit in any court. 13.3. Claims. Unless specifically exempted below, all Claims arising out of or relating to the interpretation, application or enforcement of the Governing Documents, the rights, obligations and duties of any Bound Party under the Governing Documents, or relating to the design or construction of improvements on the Properties shall be subject to the provisions of Section 13.4. 37 W 0 .c— W -o N rs ry O Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 13.4: (a) any suit by the 41 Commercial Association against any Bound Party to enforce the provisions of Article VIII (Assessments); (b) any suit by the 41 Commercial Association to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other equitable remedies as only a court may deem necessary in order to maintain the status quo and to preserve the 41 Commercial Association's ability to enforce the provisions of Article X (Use Restrictions), Article IX (Architecture and Landscaping), Section 2.4 (Surface Water Management System), Section 2.5 (Conservation Areas), and Section 2.6 (Open Space and Buffers). (c) any suit between Owners, which does not include Declarant or the 41 Commercial Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; (d) any suit in which any indispensable party is not a Bound Party; and (e) any suit as to which any applicable statute of limitations would expire within ISO days of giving the Notice required by Section 13.4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. With the consent of all parties thereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 13.4. 13.4. Mandatory Procedures. (a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (i) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (iii) Claimant's proposed remedy; and (iv) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. (b) Negotiation. The Parties shall matte every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may, but is not obligated to, appoint a 38 c3 T� W CD co -v m N cJt N representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation. G (c) Mediation. (i) Upon submission to mediation, the Claim shall be heard by a mediator co obtained through the auspices of a mediation agency retained by the 41 Commercial Association m to provide such services within the community, or, if the Parties otherwise agree, to an N independent agency providing dispute resolution services in the Lee County area. The mediator um N shall be licensed or certified as may be required by the State of Florida. N (ii) If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. (iii) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of that the proceedings have ended in impasse ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. (iv) Within five days of a Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute time Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. (d) Final and Binding_ Arbitration. (i) If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, time Claimant shall have 15 additional days to submit time Claim to arbitration in accordance with the Rules of Arbitration contained in Exhibit "E" or such rules as may be required by the agency providing the arbitrator. if not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant. (ii) This subsection (d) is an agreement to arbitrate and is specifically enforceable under the applicable arbitration laws of the State of Florida. The arbitration award 39 (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the State of Florida. 13.5. Allocation of Costs of Resolvine Claims. (a) Subject to Section 13.5(b), each Party shall bear its own costs, including attorneys' fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"). (b) Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs. 13.6. Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 13.4 and any Party thereafter fails to abide by the terms of such agreement, or if any Party fails to comply with an Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 13.4. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs. 13.7. Prerequisites to Actions. Prior to filing a civil action against Declarant, the 41 Commercial Association must notify the Declarant, participate in alternative dispute resolution, and give the Declarant an opportunity to inspect and make a settlement offer prior to instituting a suit. 13.8. Retention of Expert For Litigation Purposes. Prior to the 41 Commercial Association's or any Member's retaining an expert for litigation purposes related to the construction or design of any portion of the Properties or any improvements thereon, including Plots and Common Area, the 41 Commercial Association or Member, as appropriate, shall notify the Declarant and any builder involved in the design or construction of such portion of the Properties. Article \IV General Provisions 14.1. Duration. (a) This Declaration shall be enforceable by Declarant, the 41 Commercial Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, for a term of 25 years from the date this Declaration is recorded in the Public Records. After such time this Declaration shall be extended automatically for successive periods of 10 years each, unless terminated as provided in Section 14.1(b). If Florida law hereafter limits the period during which covenants may run with the land, then to the extent consistent with such law, this Declaration shall automatically be extended at the expiration of such period for successive periods of 20 years each, unless terminated as provided below. Notwithstanding the above, if any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until 21 years after the death of the last survivor of the now living descendants of Elizabeth 11, Queen of England. (b) Unless otherwise provided by Florida law, this Declaration may be terminated only by an instrument setting forth the intent to terminate this Declaration signed by Ovniers of at least 80% of the total acreage within the Properties and by the Declarant, if the Declarant owns any portion of the Properties, which instrument is recorded in the Public Records. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. 14.2. Amendment. (a) By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until termination of the Class "B" membership, Declarant may unilaterally amend this Declaration for any purpose so long as such amendment does not substantially conflict with the Master Plan; provided, however, any amendment which would affect the Surface Water Management System, including the rights and obligations of the 41 Commercial Association to fulfill such rights and obligations, must have the prior approval of the South Florida Water Management District. Thereafter, the Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Plots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Plots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. In addition, so long as the Declarant owns property described in Exhibits "A" or "B" or holds a contractual option to purchase any property described in Exhibit "B" for development as part of the Properties, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner. (b) By Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 75% of the total Class "A" votes in the 41 Commercial Association, and the consent of the Declarant, so long the Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 7.1; provided, however, any amendment which would affect the Surface Water Management System, including the rights and obligations of the 41 Commercial Association to fulfill such rights and obligations, must have the prior approval of the South Florida Water Management District. 41 Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. (c) Validity and Effective Date of Amendments. No amendment may remove, revoke, or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the By -Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon recording in the Public Records, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 14.3. Severability. Invalidation of any provision of this Declaration, in whole or in part, or any application of a provision of this Declaration by judgment or court order shall in no way affect any other provisions or applications. 14.4. Mortgagee Rights. Notwithstanding any other provision contained in this Declaration: In the event that any Owner or Mortgagee furnishes a written request to the 41 Commercial Association specifying the name and address of the Mortgagee and of the Plot in which it holds an interest, the 41 Commercial Association shall give written notice to the Mortgagee of any default of the Owner of such Plot in performing or observing any of the terms, conditions, or agreements contained in this Declaration prior to taking any enforcement action. The Mortgagee shall have the right (but not the obligation) to remedy the default. 14.5. Cumulative Effect: Conflict. The covenants, restrictions, and provisions of this Declaration shall be cumulative. Nothing in this Section shall preclude any Supplemental Declaration or other covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration, and the 41 Commercial Association shall have the standing and authority to enforce the same. 42 0 W 0 W -V m N c-n N 14.6. Use of the Words "The Brooks." No Person shall use the words "The Brooks" or any derivative thereof in the name of any building or any business or enterprise or in any printed or promotional material without the Declarant's prior written consent. However, Owners may use the name "The Brooks" in printed or promotional materials solely to specify that particular property is located within the Properties, and the 41 Commercial Association shall be entitled to use the name "The Brooks 41 Commercial Association, Inc." in its name. 14.7. Ownership of Plot by Government. Declarant shall have the right to exempt the United States, the State of Florida, or Lee County, Florida, or any related entity, as the Owner of a Plot, from any of the restrictions contained in this Declaration, the By -Laws, or rules of the 41 Commercial Association if such exemption is required by the United States, the State of Florida, or Lee County or any related entity. 14.8. Compliance and Indemnification. Every Owner and occupant of any Plot shall comply with the Governing Documents. Subject to the terms of Article XIII, failure to comply shall be grounds for an action by the 41 Commercial Association or, in a proper case, by any aggrieved Plot Owner(s), to recover suns due, for damages or injunctive relief, or for any other remedy available at law or in equity, in addition to those enforcement powers granted to the 41 Commercial Association in Section 4.3 and in the By -Laws. Each Owner shall indemnify, hold harmless, and defend the 41 Commercial Association from any loss, damages, and expenses, including counsel fees, which it may incur as a result of the failure of such Owner, any occupant of such Owner's Plot, or any contractor, employee, or agent of such Omer acting within the scope of his contract, agency or employment, to comply with the Governing Documents. 14.9. Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Plot shall give the Board at least seven days' prior written notice of the name and address of time purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Plot, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. 14.10. Exhibits. Exhibits "A," "B," "C;' and "E" attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by the provisions of Section 14.2. 43 All other exhibits are attached for informational purposes and may be amended as provided therein or in the provisions of this Declaration which refer to such exhibits. [SIGNATURES ON FOLLOWING PAGE) 44 IN WITNESS WHEREOF, the Declarant, LONG BAY PARTNERS LLC, a Florida limited liability company, through its undersigned managing general partner, has duly executed this Declaration and affixed its corporate seal thereto as of this day of ec - 1993 . DECLARANT: Betty Fariss Jordar STATE OF FLORIDA COUNTY OF LEE By: The foregoing instrument was 0 LONG BAY PARTNERS LLC, a Florida limited W liability company o Bonita Bay Properties, Inc., a Florida corporation, oD its managing member m By:/Ijr-1 I liJ�` 1 f 1 l 1 C At n cn m M. G c�n, Vice President and CID enerrall/*w�nnageryf-he-'Brooks i Its: -- ccti c tares `2a- c.c [CORD RATE SEAL] jh acknowledged before me this day of I- ec , 199 , by John M. Gleeson, as Vice President and General Manager of The Brooks for Bonita Bay Properties, Inc., a Florida corporation, on behalf of such entity, as the managing member of Long Bay Pariners LLC, a Florida limited liability company. He is personally known to me aF-has laroduced as-idsntifc-ution and did (did not) take an oath. Given tinder my hand and official seal this J day of t- My term of office expires on OOT Y PUBL C 516701A11WY 41!CCR-102998 Joa Janes 45 :EJA�7NEStrs EXHIBIT "A" Land Initially Submitted [Legal Description of Parcel] co w C7 Cb m N Cn N lD WILSON, MILLER, BARTON & PEEK, INC. ENGINEERS • SURVEYORS • PLANNERS • ENVIRONMENTAL CONSULTANTS •LANDSCAPE ARCHITECTS • CONSTRUCTION MANAGERS 4571 Colonial Boulevard Fort 1J.yers, Florida 33912 (941) 939-1020 Fox (941) 939-7479 DESCRIPTION OF TAKEDOWN AREA 3-1 BEING A PART OF SECTION 9, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA. ALL THAT PART OF SECTION 9, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE ALONG THE EAST LINE OF SAID SECTION 9, NORTH 00'5723" WEST 2542.JJ FEET; THENCE LEAVING SAID EAST LINE OF SECTION 9, SOUTH 88'02'J4" VEST 1221.61 FEET TO A POINT ON THE EAST BOUNDARY OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2672, PAGE J982, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE ALONG SAID EAST BOUNDARY, SOUTH 00' 15'56" EAST 186.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE LEAVING THE BOUNDARY OF SAID LANDS, CONTINUING SOUTH 00' 15'56" EAST J95.60 FEET, - THENCE SOUTHERLY, 579.45 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 3909.60 FEET, THROUGH A CENTRAL ANGLE OF 08'2931 " AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 03'13'32" EAST 578.92 FEET TO A POINT ON SAID CURVE' THENCE SOUTH 88*07*51" WEST 747.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (STATE ROAD NO. 45); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTHERLY 301.34 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 5605.41 FEET, THROUGH A CENTRAL ANGLE OF 03-04-48" AND BEING SUBTENDED BY A CHORD THIGH BEARS NORTH 04,56,29" WEST 301.30 FEET; THENCE LEAVING SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 85'07' 12" EAST 45.30 FEET; THENCE EASTERLY, 29.58 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLI' OF 18'4955" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 84'2751" EAST 29.45 FEET,• THENCE SOUTH 75'02'53" EAST J1.70 FEET. THENCE EASTERLY, 40.22 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 32'55'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 88'2926" EAST 39.67 FEET TO A POINT OF COMPOUND CURVATURE -- THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY, 142.04 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAL ANGLE OF 73'59'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 35'02'10" EAST 132.38 FEET, THENCE NORTH 01'5726" WEST 71.61 FEET,• THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY, 329.87 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A. RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 43'02'34" EAST 296.98 FEET; THENCE NORTH 88'02'34" EAST 147.07 FEET,• THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY, 169.54 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 88-18.30" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 43'53'19" EAST 153.23 FEET, THENCE NORTH 00'1556" WEST 191.00 FEET TO A POINT ON THE BOUNDARY OF SAID LANDS RECORDED IN OFFICIAL RECORD BOOK 2672, P. 3982, THENCE ALONG SAID BOUNDARY, NORTH 88'02'J4" EAST 65.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 9.97 ACRES MORE OR LESS. ALSO'✓, VILLER, BARTON & PEEK, INC. Registered Engineers and Lond Surveyors Dote: Surveyor and Mapper JOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. Pin No. 0774-900-004-MABS2 Pet. D-0774-170 (0774HO01) Dote: September 21, 1998 Nall ki44° n UIN Y2 ;kkk r n pea:'x RCSbi �t. WIAI M.C. {KM I biNq UIo :::::T!— — U S. H I G H WA Y 4 1 n5x nu �..v • rc .an ron-ev-�. I it EXHIBIT "B" Land Subject to Annexation [Legal description of the five additional Highway 41 parcels.] ( 'OWILSON, MILLER, BARTON & PEEK, INC. ^ Engineers, Planners, Sunxyors. Landscape Architects, Enalronmental Consultants fi Construction Managers wttson Profensional Center. Suite 200.32% Dailey Lane at Airport Road. Naples. Florida 33942 • (813)1494CU0 Fax (SU) (AL5716 1 Description of Parcel 1996-2 (2.00 Acres �) being a part of Section 9, Township 47 South, Range 25 East, Lee County, Florida (Ref. Sweetwater Release Parcel 1996-2) All that part of Section 9, Township 47 South, Range 25 East, Lee County, Florida being more particularly described as follows: Commencing at the southeast comer of Section 10, Township 47 South, Range 25 East, Lee County, Florida; thence along the cast line of said Section 10, North 01 °05'50" West 1699.08 feet to a point on the southerly right-of-way line of assumed Coconut Road Extension; thence leaving said section line along said southerly right-of-way line in the following six (6) described courses: 1) South 88°26'03" West 441.49 feet; 2) westerly 567.82 feet along die arc of a tangential circular curve concave to the south, having a radius of 2925.00 feet through a central angle of I I OT22" and being subtended by a chord which bears South 82°52'22" West 566.93 feet; 3) South 77'18'41" West 446.48 feet; 4) westerly and northwesterly 1013.71 feet along the are of a tangential circular curve concave to the northeast, having a radius of 1150.00 feet through a central angle of 50°30' 19" and being subtended by a chord which bears North 77°26'09" West 981.20 feet 5) North 52"11'00- West 1240.71 feet; 6) northwesterly and westerly 1272.57 feet along the arc of a tangential circular curve concave to the southwest, having a radius of 1925.00 feet through a central angle of 37°52'36" and being subtended by a chord which bears North 71*07' 18" West 1249.52 feet to a point on said tune; thence leaving said curve and said southerly right-of-way line, South 00'59'47" East 436-17 feet; thence South 89°00' 13" West 663.24 feet to the easterly right -of -%%-ay line of Seaboard Coast Railroad: thence along said easterly right-of-way line North 00°59'47" West 329.80 feet-, thence leaving said easterly right-of-way line, South 5S°06'50" West 15 1.49 feel-, thence southwesterly 255.27 feet along a non -tangential circular tune concave to the southeast, having a radius of 1900.00 feet through a central angle of 07°4 1'52" and being subtended by n chord which bears South 6191'04" West 255.08 feet to a point of reverse curvature; thence southwesterly and westerly 583.13 feet along the arc of a tangential circular curve concave to the northwest, having a radius of 1100.00 feet through a central angle of 30°22'26" and being subtended by a chord which bears South 72°51'21"West 576.33 feet; thence South 88°02'34" West 118425 feet to a point on the easterly right-of-way line of U.S. 41 (Tamiami Trail)-, thence along said easterly right-of-way line North 00' 15'56" West 200.09 feet to the Point of Beginning of the parcel herein described; thence continue along said easterly right-of-way line, North 00°15'56" West 415.00 feet; thence leaving said easterly right-of-way line, South 46'02' 16" East 577-45 feet; thence South 88°02'34" West 413.96 feet to the Point of Beginning of the parcel herein described-, Subject to casements and restrictions of record; Containing 2.00 acres more or less; Bearings are based on the cast line of said Section 10, being North 01*05'50" West. WILSON, MILLER, BARTON R PEEK, INC. Registered Engineers and Land Surveyors By: /6atr, l��w' Date 1-17 /G Gc Bala, P.L.S. 95137 Not valid unless embossed with the Professional's seal. Rcf: 4K-385 W.O. 36211 Date: 1-15-96 onitgr- �-oi»acsRats .Vaples Fort Myers Sarasota (8131649-4040 (813)939-1020 IS13) 371.3690 Fax ISO) i) 643-5716 Fax (81 i) 939-7479 Fax (S U) 377-9S52 PROPERTY DECRPTD.N P 47 RANGE-IOV OF 15 EAST. LEE COUNTYHE SOUTH F OF FLORIDACTION 9 BEING LIO.RES PARTICULARLY DESCRIBED IH, DESCRIBED AS FOLL04S COyvFNC£ AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA. THENCE RUN N. 00572J' W. ALONG THE EAST LINE OF SAID SECTION 9. FOR A DISTANCE OF 2542.J3 FEET' THENCE RUNS e8'02'J4* W. FORA DISTANCE OF 1221.61 FEEL TO THE POINT OF BE201-- G OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE S. 8507'34" W. FOR A DISTANCE OF 750.JJ FEET TO A POINT 0•'1 THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 41 (STATE ROAD NO 45, A 200 FOOT RIGHT -OF -HAY); THENCE RUN S. O:i 75'56' E., ALONG SAID EASTERLY RLGHI-CF-N'AY LING FOR A GISTANCi OF 55J.06 FEET TO THE BEGINNING Or A TANGENTIAL CIRCULAR CUR:?. CO':CAVE EASTERLY, THENCE RUN SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-A'AY LINE AND ALCA'G THE ARC OF 5410 CURVE TO THE LEFT. HAVING A RADIUS OF 56OS.J9 FEET, THROUGH A CENTRAL ANGLE OF C612-55% SUBT£IIDED_ BY A CIfORD Or 607BJ FEET AT A BEARING OF S. 03'22'24 E. FOR A DISTANCE Or 60B. IJ firCh THENCE RUN N. 8507'51' C. FOR A D;STA`:CE OF 747.23 FEET TO A POINT Cr INTCRSECTIOv N771f A ,NON-7ANCENraL CIRCULAR CUR.'f. CONCAVE EASTERLY WHOSE R-,GUS POLvr BEARS M. 8271'41 E. A O;STA`ICE OF J909. 60_ FEET IHEREFROVb THENCE RUN h'GRTh'ERLY ALONG THE ARC Or SAID CURVE TO THE RIGHT. HAVING A RADIUS OF J909.60 FEET THROUGH A CENTRAL ANGLE Or 03'29'J1'. SUBTENDED BY A CHORD BEARING OF 579.45 FEET TO THEEND OF 1 DISTANCE THENCE RUN 00,15,16' W FOR A DISTANCE OF 583.09 FEET TO THE POWT Or EE pI 'RN', CONTAINING 19.945 ACRES, MORE OR LESS SUBJECT :0 EASEME1ITS, RESfR:ATONS. AND RESTRICTIONS OF RECORD. BEARINGS BASED O.N THE EAST LINE OF THE SOUTHEAST QUARTER Or SECTION 9, TOAIISHIP 47 SOUTH. RANGE 25 EAST AS BEING 7:. OJ57'7J' W. LESS THE FOLLOWrN'G DESCRIBED PARCEL OF LAND DESC.4rPtON CF TAKEDOn'N AREA J-1 Birr;G R PART OF 25 EAST. lon LEE9COUNTY.Ip 47 0utH, FLORIDA AIL THAT PART OF SECTION 9, 10iri%SHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY. F LO_7DA. BEL`:G MORE PA.RTICULA.RLY DESCRIBED AS FOLLO•YS CGLIUF•N'U,NG AT THE SOUTHEAST CORNER OF SAO SECTION 9; - THENCE ALONG THE EAST LINT OF SAID SECT'O.N' 9, 1:D.4Of OU'S7'7J' -VEST 2342.33 FEET; FEET -TO LA POINT ON THEEAST CAST BOUNDARY O NTH Sf 1LANDS2AS+DC DESCRIBED IN $1 OFFICIAL RECORD BOOK 2672. PAGE 3982. PUBLIC RECORDS OF LEE COUNTY, FLOR.:A; THPVCE ALONG SAID EAST BOUNDARY SOUTH 00'15'56' EAST 185.49 FEET TO THr POua Cr BEGINr:rh'C Or THE PAR -EL HER£I': CESCR:BED. THENCE LEA'rNG THE BOUNDARY Or SAID LANDS, CO.NIINU%N'G SOUTH 00'15'56' EAST J96.60 FEET. THENCE SOUTHERLY, 579.45 FEET ALONG THE ARC OF A NON-TANCENIL:L CIRCULAR CURVE CONCAVE 1G THE £AST HAVING A RADIUS OF J909.60 FEET, THROUGH A CENTRAL ANGLE OF 0579-J1 AND BEING SUBTCND£D BY A CHORD A'hDH BEARS SOUTH OJ'IJ'J2'_EAST 578.92 FEET TO A POINT ON SAID CURVE; THENCE SOUTH B507'51 WEST 747.2J ; FT. 70 A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF US. HIGHAAY 41 (STATE ROAD NO. 45); THENCE ALONG SAID EASTERLY RIGHT-CF-WAY LINE, NORTHERLY 301.34 FEET ALONG THE ARC'OF A h'ON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE fA_SI. AND BEING SVBTC 0 CD 6BY AI CHORD i 1�CB BEARS ENORTH 04'56' 9NTRAL ANGLE ` A IST 48 JOI.JO FEET; 7HENCE LEAON'C SAID CURVE AVE) SAID EASTERLY RDHT-OF-A'AY LINE. NORTH 850777' EAST 45.JO FEET, - THENCE EASTERLY, 29.55 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE A.v tE0F 1l�O9THROUGH A CENTRAL B4AND 9'55' ABEING SUBT£NDEDBYA CHORD CH BEARS SOUTH 84'2751- EAST 29.45 FEET; T+rNC£ SOUTH 75'02'53' EAST JI.70 FEET; 7HENCE EASTERLY 40.22 FEET ALONG THE AP.0 Of A IANCENIIAL IIR000RCII A CEA R4VE COI:GALE ID THE NORTH. HAVL.NG A RADIUS OF 70.00 FEEI, : GLf OF J7'55'10' AND BEING SUBTENDED BY A CHORD WHICH BEARS WORTH B5297E EAST J967 FEET TO A POINT Or COMPOUND CUR121U.4E: 7HE':CE EASTERLY, NORTHEASTERLY AI:D h'CRN+ERLY 142.04 FEET ALONG 711E ARC OF A IAN'GENTIAL CIRCULAR CURVE CONCAVE TO THE NCRIIINES7. HAV:N'G A RADIUS Or 110. 00 FEET THROUGH A CrNT.4AL ANGLE OF 73'39.12- A!ID Bt T.NG SL'BIET:CED BY A CHORD WHICH BEARS NORTH J5'02'10' EAST 1,32 JB FEEI. IH_EN„E 1:04IH 01'57'16" REST 71.61 FEET; IHryri ,OR7t Fn^LY, NORIHEASIfRLY AND EASTERLY. J2987 FE(T ALONG iHC ARG GF A TANGENTIAL CIRCULAR CURVE CONCAVE 10 THE SOUIHL'A57. HAVING A R-OJUS _^F 2,000 FEET, THROUGH A CENTRAL ANGLE OF 90.OD'00AND BEING SUB7ENOE0 BY A CHORD WHICH BEARS NORTH 4J'0274- EAST 296. 98 FEE. IHr`:CE T:0R7.4 5B-02'J4- EAST 14707 FEET; THRICE FAS7F.RLY NORTHEASTERLY A.ND NORTHERLY, 16954 FEFT ALONG THE ARC G: A TAVGCNTLAL CLRCUUR-CURVE CONCAVE TO THC •NCRT0jAFSI. ItA,✓IC A ,: US Or I10.G0 FEET. THROUGH A CENTRAL AA'GLE OE 95187p ANT.: BiI•: 50TEN'DEO BY A CHORD iVH:CtI BEARS NORTH 4353'19 FA57 1SJ 77 FEET: 7HA-1:Cr NORTH 09,15'56, WEST 191.09 FEET IC A PO:.NT ON IId Fl-L :C%•RY CF SAID LANDS RECORDED IN OFFICIAL RECORD BOOK 2E72 P. 1;957. THENCE ALONG SAID BOuh'DA.4Y, %,GRTI 88'02'34" EAST 65. OJ IIFI IU IHf PG•NT OF BEGILNr.:G OF THr PARCEL HER£IJ D£SCRrBEO. SU3:fCT TO £ASLIMENTS AND RfSTRICLONS OF RECORO. CCN[A ON!D 9,97 ACRES MORE CR IESS BrA9..eGS BASED ON THE FAST LIME OF Rif SOUIHEA51 O1I4RIFR OF SrCTO`: 9. TOjeNSIi:P 47 SOUTH. RAN -GE 25 EAST AS BEIG N 00'S77J� AL PREPARED BY. WLSON, MILLER, BARTON & PEEK, Ivc. Reg. Engineers Ord LOnd Surveyors 4571 CDIDni01 Blvd., Suile J200, 1941)939-1020 PRINTED TOrt layers, FIOT;dO JJ911 OCT 30 1993 BYsommr.sr,Be'ton 6 Peek Lz. FL MIeu.FWl7e 33B37 By. PrDlessiDSurveyor and TGpper 'LSJ27J4snCdoNeleaa..m - Stephen Ere'. F;ORIDa 11CFN.5Fn BU.SINESS 1;0 18-4J \ \ � � |k | � §/ AMC {gA %m � ! EXHIBIT "C" Formula for Assessments and Votive Riehts I. Assessments. Assessments shall be levied on all Plots subject to a particular assessment according to the following formula: Each Plot, whether or not shown upon a recorded plat, is assigned one point ("Point") for each 3,000 square feet of allowable gross air-conditioned floor area as set forth in the Supplemental Declaration applicable to the Plot. If the allowable floor area of a Plot exceeds o that increment for allocation of a Point by one half or more, the Points allocated to such Plot Z7- shall be rounded up. If the allowable floor area of a Plot does not exceed that increment for °D allocation of a Point by one half, the Points allocated to such Plot shall be rounded down. c Notwithstanding the foregoing, all Plots shall be allocated at least one Point. ell W The percentage of the total assessment to be levied on a particular Plot shall be Cn computed by dividing the sum of Points assigned to the Plot by the total sum of all Points for all Plots subject to assessment. II. Votes. Votes for each Plot shall be computed using the same formula as set forth above for assessments. III. Cutoff Date for Computation. The Point totals for all Plots, the percentage of the total assessment to be levied on each Plot subject to assessment, and the percentage vote attributable to each Plot shall be computed annually by the Board of Directors as of a date which is not less than 60 days prior to the beginning of each fiscal year. Notice of the percentages for each Plot (including a summary of the computations) shall be sent to each Owner together with the annual notice of any assessment. The notices of the percentages for each plot shall include the Board's estimation of when additional Plots, if any, shall be made subject to this Declaration between annual cutoff dates for computation of assessments and voting rights. EXHIBIT "D" Initial Use Restrictions The following restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed or limited by Use Restrictions of the 41 Commercial Association adopted pursuant to Article X of the Declaration. 1. General. The Properties may prohibited by the provisions of this Declaration, Lee County, Florida. generally be used for any lawful purpose unless any applicable Supplemental Declaration, or by 2. Restricted Activities. The following activities are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board of Directors: (a) Parking of trucks or other vehicles on streets or thoroughfares for delivery, loading, unloading, or otherwise; (b) Any activity which tends to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Plot; (c) Any activity which emits foul or obnoxious odors, fumes, dust, smoke, or pollution outside the Plot or which creates noise, unreasonable risk of fire or explosion, or other conditions which tend to disturb the peace or threaten the safety of the occupants and invitees of other Plots, provided, nothing herein shall preclude normal and customary operation of any restaurant or hospital facility; (d) Any activity which violates local, state, or federal laws or regulations; (e) Outside burning of trash, leaves, debris, or other materials; (f) Obstruction or rechanneling of drainage flows after location and installation of drainage swales, storm sewers, or storm drains, except that the Declarant and the 41 Commercial Association shall have such right; (g) Outdoor storage or business operations of any kind, except that outdoor storage of building materials shall be permitted during construction on the Plot on which such materials are stored and outdoor dining facilities shall be permitted; (h) Subdivision of a Plot into two or more Plots, or changing the boundary lines of any Plot without Declarant's approval so long as Declarant owns any property described on Exhibits "A" or "B" or holds a contractual option to purchase any property described on Exhibit "B"; and (i) Fishing, swimming, boating, use of personal flotation devices, or other active use of lakes, ponds, streams, or other bodies of water within or adjacent to the Properties, except in strict compliance with the Rules and Regulations. The 41 Conmrercial Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, streams, or other bodies of water within or adjacent to the Properties. 3. Prohibited Conditions. The following shall be prohibited within the Properties: (a) Plants, animals, devices or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Properties; (b) Sprinkler or irrigation systems or wells of any type which draw water from creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except as provided by the Declarant or its subsidiaries, affiliates, successors, or assigns; (c) Any fence, wall, hedge, or shrub planting which does or lends to create a traffic or sight problem; (d) Tents, trailers, or any structure of a temporary nature, such as a tent, shack, or utility shed, except for construction trailers during ongoing construction on the Plot and temporary party tents for special events approved by the Board in advance; and (e) Overhead service entrance conductors, except for temporary lines as required during construction and high voltage distribution lines. 4. Prohibited Uses. Uses which are prohibited for a development of regional impact by Lee County, Florida ordinances, as such may be amended from time to time, shall be prohibited within the Properties. In addition to uses which are inconsistent with such ordinances or are prohibited or restricted by other recorded covenants, conditions, restrictions or easements, the following uses are prohibited within the Properties: (a) trailer courts, mobile home parks, and recreation vehicle campgrounds; (b) oil, gas or mineral exploration, drilling, boring, development, refining, quarrying, or mining operations and all construction and equipment incident thereto, oil or gas wells, related equipment or facilities, excavations for minerals, and mine shafts, except that nothing herein shall preclude the operation of automobile service stations; (c) junk yards, scrap metal yards, automobile used parts and/or dismantling operations and sanitary landfills, except that nothing herein shall preclude recycling centers established solely for the collection and sorting of household recyclable materials; 2 U 77 CO CID -o m r.) cn W 00 (d) commercial excavation of building or construction materials, except in the usual course of construction of improvements; (c) dumping, storage, disposal, incineration, treatment, processing, or reduction of garbage, dead animals, medical waste, toxic waste, or refuse; w (Q lumberyards, sawmills, or outdoor storage of building or construction o materials (except in the usual course of construction on the site where stored); CO -v (g) }lea markets, and fire and bankruptcy sale operations; ry cr (h) truck terminals and truck stop -type facilities; W �1D (i) massage parlors, and businesses primarily engaged in the sale of obscene or pornographic materials or in the provision of entertainment featuring topless or nude perfomters; and (k) any industrial use, other than light manufacturing activities which otherwise comply with all restrictions set forth herein. 7 EXHIBIT "E" Rules Of Arbitration 1. Claimant shall submit a Claim to arbitration under these Rules by giving written notice to all other Parties stating plainly and concisely the nature of the Claim, the remedy sought and Claimant's submission of the Claim to arbitration ("Arbitration Notice"). 2. The Parties shall select arbitrators ("Party Appointed Arbitrators") as follows: all the Claimants shall agree upon one (1) Party Appointed Arbitrator, and all Tile Respondents shall agree upon one (1) Party Appointed Arbitrator. The Party Appointed Arbitrators shall, by agreement, select one neutral arbitrator ("Neutral") so that the total arbitration panel ("Panel") has three (3) arbitrators. 3. If the Panel is not selected under Rule 2 within 45 days from the date of the Arbitration Notice, any party may notify the nearest chapter of The Community Associations Institute, for any dispute arising under the Governing Documents, or the American Arbitration Association, or such other independent body providing arbitration services, for any dispute relating to the design or construction of improvements on the Properties, which shall appoint one Neutral ("Appointed Neutral"), notifying the Appointed Neutral and all Parties in writing of such appointment. The Appointed Neutral shall thereafter be the sole arbitrator and any Party Appointed Arbitrators or their designees shall have no further duties involving the arbitration proceedings. 4. No person may serve as a Neutral in any arbitration in which that person has an}, financial or personal interest in the result of the arbitration. Any person designated as a Neutral or Appointed Neutral shall immediately disclose in writing to all Parties any circumstance likely to affect impartiality, including any bias or financial or personal interest in the outcome of the arbitration ("Bias Disclosure"). If any Party objects to the service of any Neutral or Appointed Neutral after receipt of that Neutral's Bias Disclosure, such Neutral or Appointed Neutral shall be replaced in the same manner in which that Neutral or Appointed Neutral was selected. 5. The Appointed Neutral or Neutral, as the case may be ("Arbitrator') shall fix the date, time and place for the hearing. The place of the hearing shall be within the Properties unless otherwise agreed by the Parties. In fixing the date of the hearing, or in continuing a hearing, the Arbitrator shall lake into consideration the amount of time reasonably required to detennine Claimant's damages accurately. G. Any Party may be represented by an attorney or other authorized representative throughout the arbitration proceedings. In the event the Respondent fails to participate in the arbitration proceeding, the Arbitrator may not enter an Award by default, but shall hear Claimant's case and decide accordingly. 7. All persons who, in the judgment of the Arbitrator, have a direct interest in the arbitration are entitled to attend hearings. The Arbitrator shall detennine any relevant legal 1 0 W O 00 -v m ry CJl F 0 issues, including whether all indispensable parties are Bound Parties or whether the claim is barred by the statute of limitations. S. There shall be no stenographic record of the proceedings. 9. The hearing shall be conducted in whatever manner will, in the Arbitrators judgment, most fairly and expeditiously permit the full presentation of time evidence and arguments of the Parties. The Arbitrator may issue such orders as it deenms necessary to safeguard rights of the Parties in the dispute without prejudice to the rights of the Parties or the final determination of the dispute. 10. If the Arbitrator decides that it has insufficient expertise to determine a relevant issue raised during arbitration, the Arbitrator may retain the services of an independent expert who will assist the Arbitrator in making the necessary determination. The scope of such professional's assistance shall be determined by the Arbitrator in time Arbitrators discretion. Such independent professional must not have any bias or financial or personal interest in the outcome of the arbitration, and shall immediately notify the Parties of any such bias or interest by delivering a Bias Disclosure to the Parties. if any Party objects to time service of any professional after receipt of a Bias Disclosure, such professional shall be replaced by another independent licensed professional selected by the Arbitrator. II. No formal discovery shall be conducted in the absence of express written agreement among all the Parties. The only evidence to be presented at the hearing shall be that which is disclosed to all Parties at least 30 days prior to the hearing; provided, however, no Party shall deliberately withhold or refuse to disclose any evidence which is relevant and material to the Claim, and is not otherwise privileged. The Parties may offer such evidence as is relevant and material to the Claim, and shall produce such additional evidence as the Arbitrator may deem necessary to an understanding and determination of the Claim. Tile Arbitrator shall be the sole judge of the relevance and materiality of any evidence offered, and conformity to the legal rules of evidence shall not be necessary. The Arbitrator shall be authorized, but not required, to administer oaths to witnesses. 12. The Arbitrator shall declare the hearings closed when satisfied the record is complete. 13. There will be no posthearing briefs. 14. The Award shall be rendered immediately following the close of the hearing, if possible, and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing, shall be signed by the Arbitrator and acknowledged before a notary public. If the Arbitrator believes an opinion is necessary, it shall be in summnmaq, form. 15. if there is more than one arbitrator, all decisions of the Panel and the Award shall be by majority vote. 2 0 VC W O V- CA 16. Each Party agrees to accept as legal delivery of the Award the deposit of a true copy in the mail addressed to that Party or its attorney at the address communicated to the Arbitrator at the hearing. 3 0 EXHIBIT "F" W O r w -o m N c-n BY-LAWS -r- W OF 771E BROOKS 41 COMMERCIAL ASSOCIATION, INC. TABLE OF CONTENTS ArticleSection.................................................................................................................... Pave 1. NAME, PRINCIPAL OFFICE, AND DEFINITIONS ............... .......................... I 1.1. Name..............................................................................................................1 1.2. Principal Office..............................................................................................1 1.3. Definitions .................................... .................... .............................................. I 11. ASSOCIATION: MEMBERSHIP, MEETINGS, QUORUM, VOTING, PROXIES..................................................................................................................1 2.1_ Membership ................................................................................................... 1 2.2. Place of\4eelings...........................................................................................1 2.3_ Annual Mectings............................................................................................1 2.4. SpecialNleetings............................................................................................1 2.5. Notice of Nleetings.............................................................................I...........2 2.6. Waiver ofNotice............................................................................................2 2.7. Adjournment of Meetings..............................................................................2 2.5. Voting............................................................................................................2 2.9. Proxies............................................................................................................2 2.10. Nlgjority..........................................................................................................3 2.11. Quorum..........................................................................................................3 2.12. Conduct of,\leetings......................................................................................3 2.13. Action Without a Meeting.............................................................................3 Ill. BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS......................4 A. Composition and Selection............................................................................4 3.1. Governing Body; Composition......................................................................4 3.2. Number of Directors......................................................................................4 3.3. Directors During Class "B"Membership.......................................................4 3.4. Nomination of Directors................................................................................4 3.5. Election and Term of Office..........................................................................4 3.6. Removal of Directors andVacancies.............................................................5 B. Rfeetines.........................................................................................................6 3.7. OrganizationalNlectings................................................................................6 3.5. Regular\4eetings...........................................................................................6 3.9. Special Meetings............................................................................................6 3.10. Notice; Waiver of Notice...............................................................................6 3.11. Telephonic Participation inMeetings............................................................6 ].{7. Quorum of Board of [>irec\orS;..................................................................... 7 3]3. Compensation ........... .................................................................................... 7 ].{4. Conduct wftMcctingS`............................................ ....................................... 7 ].]5. Open Meetings ............................................................................................... 7 116. Action Without 8Fonnu{Mcttinl-................................................................. 7 C.Powers ..... ................................................... ................................ 7 3.17. Powers ........ .............. ............................. ..................... .............. ................. 7 ],{8. Duties ......... ................................................................................................... S Co l�i ] � Q�n}�' 0�H\t�]CClxr&K10O�]�S��rVYt/�C1�8DS...-.~........`.-._...�/} 120. c, j\r1a8ngeO.en................................................................................................. r^i ].7}. Acrount»andReports ...... ........................................................................... \O Ln 3� 77� Run�}a'�8�...~`—..—.........-...—..,..-`..-...-...`.-~..-.�l{ V- 3.73. Aiigh1k>�,on1cuc\......-^.-..-.-.~.--..-...-..-...^.....-.._../] �� 3.24. Enforcement ........................................................................................ ~^-`1l I V. OFFICERS °-,°,°^°,°,^°~°°^°°^-°^°°^°^°^^~°^°°°~^°°°^^°~°^°°°^^~°°^'°°^°°°~^^12 4.1. Officers ........................................................................................................ 17 4.2. Election and Tenn OfOffice ........................................................................ \] 4.3. Removal and Vacancies ......................... ..................................................... 3 4.4. Powers and Duties .... ............................................ .............. ....................... ]3 4[5. Resignation ............................. .................................................................... l3 4.6. Agreements, Contracts, Deeds, Leases, Checks, Etc ................................... 13 4.7. Compensation ........................................ ..................................................... {3 COMMITTEES°°°^°,°°°,°°°^^°.,°°°,°,°,°^^^^°°°°°°^°°°°^'°°^°°°~°°,°°^°°^^13 5.1. General ......................................................................... ............................... ]] 5.7. Covenants Committee .................... ............................................................. \4 V1^ MISCELLANEOUS .^°^~°°~°°.°°^~°°.°°^^°°°°°^~°^,^°°^°°°°°°~°°^^^^°°°^°14 6.1. Fiscal Year ..................................... ............................................................. 1J 6.2. Parliamentary Rules ..................................................... ............................... {4 6.3, C})OfliCt5..-_.,-.~^....~.~.~~_.—.~_...~..~^~~-.~-^._~^-^^^]4 6.4. Books and Records ............................................................. ........................ [4 6.5. Notices ......................................................................................................... ]5 6.6. Amendment ....~...................................................................... ......... 15 ii BY-LAWS OF THE BROOKS 41 COMMERCIAL ASSOCIATION, INC. O !7 Article I W Name Principal Office and Definitions O co 1.1. Name. The name of the Corporation shall be The Brooks 41 Commercial -o Association, Inc. (the "41 Commercial Association"). N 1.2. Principal Office. The principal office of tileCIn 41 Commercial Association shall be located in Lee County, Florida. The Association may have such other offices, either an within or outside the State of Florida, as the Board of Directors may detennine or as the affairs of the 41 Commercial Association may require. 1.3. Definitions. The words used in these By -Laws shall be given their normal, commonly understood definitions. Capitalized terms shall have the same meaning as set forth in the Declaration of Covenants, Conditions and Restrictions for The Brooks 41 Commercial Association filed in the Public Records, as it may be amended (the "Declaration"), unless the context indicates otherwise. Article II Association: Membership Meetings Quorum VotinY_, Proxies 2.1. NIenmbership. The Association shall have two classes of membership, Class "A" and Class "B," as more filly set forth in the Declaration, time terms of which pertaining to membership are specifically incorporated by this reference. 2.2. Place of Meetings. Meetings of the 41 Commercial Association shall be held at the principal office of the 41 Commercial Association or at such other suitable place convenient to the Members as may be designated by the Board, either within the Properties or as convenient as possible and practical. 2.3. Annual Meetings. The first meeting of the 41 Commercial Association, whether a regular or special meeting, shall be held within one year from the date of incorporation of the 41 Commercial Association. Subsequent regular annual meetings shall be set on a date and at a time set by the Board. 2.4. Special Meetings. The President may call special meetings. In addition, it shall be the duty of the President to call a special meeting if so directed by resolution of the Board or upon a petition signed by Members representing at least 33% of the total Class "A" votes in the 41 Commercial Association. 2.5. Notice of \Meetings. Written or printed notice stating the place, day, and hour of any nrecting of the Members shall be delivered, either personally or by mail, to each Member entitled to vote at such meeting, not less than 10 nor more than 50 days before the date of such meeting, by or at the direction of the President or the Secretary or the officers or persons calling the meeting. in the case of a special nmeeting or when otherwise required by statute or these By - Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a special nrecting except as stated in the notice. If mailed, the notice of a meeting shall be decnred to be delivered when deposited in the United States mail addressed to the Member at its address as it appears on the records of the 41 Commercial Association, with postage prepaid. 2.6. Waiver of Notice. Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper notice. Any Member may, in writing, waive notice of any meeting of the Members, either before or after such meeting. Attendance at a nreeting by a Member or the Members proxy shall be deemed waiver by such Member of notice of the time, date, and place thereof, unless such Member or proxy specifically objects to tack of proper notice at the tine the meeting is called to order. Attendance at a special meeting shall also be decnred waiver of notice of all business transacted at such meeting unless objection on the basis of lack of proper notice is raised before the business is put to a vote. 2.7. Adeoumnrent of \Meetings. If any meeting of the 41 Commercial Association cannot be held because a quorum is not present, Members or their proxies holding a majority of the votes represented at such nmceting may adjourn the nreeting to a time not less than five nor nmore than 30 days from the time the original meeting was called. At the reconvened meeting, if a quontm is present, any business may be transacted which might have been transacted at the meeting originally called. If a tine and place for reconvening the meeting is not fixed by those in attendance at the original meeting or if for any reason a new date is fixed for reconvening the meeting after adjournment, notice of the time and place for reconvening the meeting shall be given to Menmbers in the manner prescribed for regular meetings. The ,Nlembers represented at a duly called or held meeting at which a quonnn is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quonun, provided that any action taken is approved by at least a majority of the votes required to constitute a quorum. 2.8. Votine. The voting rights of the \Members shall be as set forth in the Declaration and in these By -Laws, and such voting rights provisions are specifically incorporated by this reference. 2.9. Proxies. At all meetings of the \Members, Members may vole in person (if a corporation, partnership or trust, through any officer, director, partner or trustee duly authorized to act on behalf of the Member) or by proxy, subject to the limitations of Florida law relating to 2 use of general proxies and subject to any specific provision to the contrary in the Declaration or these By -Laws. Every proxy shall be in writing specifying the Plot for which it is given, dated, signed by the Member or its duly authorized attorney -in -fact, and filed with the Secretary of the 41 Commercial Association prior to any sleeting for which it is to be effective. Except as otherwise specifically provided in the proxy, a proxy shall be presumed to cover all votes which the Nlember giving such proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the same date, both shall be deemed invalid. Every proxy shall be revocable and shall automatically cease upon conveyance of the Members Plot, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a Member who is a natural person, or of written revocation, or upon the expiration of I i months from the date of the proxy, unless otherwise provided in the proxy. 2.10. Maiority. As used in these By -Laws, the tern, "majority" shall mean those votes, owners, or other group, as the context may indicate, totaling more than 50% of the total eligible number. 2.11. Quorum. Except as otherwise provided in these By -Laws or in the Declaration, the presence, in person or by proxy, of Members representing 25% of the total Class "A" votes in the 41 Commercial Association and the presence of a duly appointed representative of the Declarant shall constitute a quorum at all meetings of the 41 Commercial Association. 2.12. Conduct of Meetings. The President shall preside over all meetings of the 41 Commercial Association, and the Secretary shall keep the minutes of the meetings and record in such meetings, as well as a record of all transactions a minute book all resolutions adopted at occurring at such meetings. 2.13. Action Without a \leeting. Any action required or pen„itted by law to be taken at a sleeting of the Members may be taken without a meeting, without prior notice and without a vote if written consent specifically authorizing the proposed action is signed by Members holding at least the minimum number of votes necessary to authorize such action at a meeting if all Members entitled to vote thereon were present. Such consents shall be signed within 60 days after receipt of the earliest dated consent, dated and delivered to the 41 Commercial Association at its principal place of business in the State of Florida. Such consents shall be filed Witt, the minutes of the 41 Commercial Association, and shall have the same force and effect as a vote of the Members at a meeting. Within 10 days after receiving authorization for any action by written consent, the Secretary shall give written notice to all Members entitled to vote who did not give their written consent, fairly summarizing the material features of the authorized action. 3 0 W O 47 co v N (-n -CIO Article IIi Board of Directors: Number. Posers, Mcetines A. Composition and Selection. 3.1. Governing_ Bodes Composition. The affairs of the 41 Commercial Association shall be governed by a Board of Directors, each of whom shall have one equal vote. Directors need not be Members. 3.2. Number of Directors. There shall be three directors, as provided in Sections 3.3 and 3.5. The initial Board shall consist of the three directors identified in the Articles of Incorporation. 3.3. Directors During Class "B" Membership. Subject to the provisions of Section 3.5. the directors shall be selected by the Declarant acting in its sole discretion and shall serve at the pleasure of the Declarant until the earlier of 90 days after termination of the Class "B" membership as set forth in Section 3.3(b) of the Declaration, or when, in its discretion, the Declarant so detennines. 3A. Nomination of Directors. Except with respect to directors selected by the Declarant, nominations for election to the Board shall be made by a Nominating Committee. The Nominating Committee shall consist of a Chairperson, who shall be a member of the Board, and three or more Members or representatives of Members. The Nominating Committee shall be appointed by the Board not less than 30 days prior to each annual meeting of the Members to serve a term of one year or until their successors are appointed, and such appointment shall be announced at each such annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine. In making its nominations, the Nominating - Committee shall use reasonable efforts to nominate candidates representing the diversity which exists within the pool of potential candidates. Nominations shall also be petm»tted from the floor. All candidates shall have a reasonable opportunity to communicate their qualifications to the Members and to solicit votes. 3.5. Election and Term of Office. Notwithstanding any other provision of these By -Laws: Within 90 days after termination of the Class "B" membership, the President shall call a special meeting, or hold an annual meeting, at which Class "A" Members shall be entitled to elect all of the directors. Each Class "A" Member shall be entitled to cast, with respect to each vacancy to be filled by the votes of Class "A" Members, the total number of votes to which such Member is entitled under the Declaration. Cumulative voting shall not be permitted. The directors shall 4 hold office until their respective successors have been elected. Directors may be elected to serve anv number of consecutive ternis. At any time prior to the expiration or tennination of Declarant's right to appoint the members of the Board pursuant to Section 3.3, Declarant may designate or redesignate voting groups consisting of one or more Plots for the purpose of electing directors to the Board. Voting groups may be designated to ensure Plots with dissimilar interests are represented on the Board and to avoid allowing a large Plot or \9enibers representing similar Plots to elect the entire Board, due to the number of Points allocated to such Plot(s), to the exclusion of the representation of others. The number of voting groups within the Properties shall not exceed the total number of directors to be elected by the Class "A" Menibers. The Owner(s) of the Plot(s) within each voting group shall vote on a separate slate of candidates for election of a specified number of directors representing cacti voting group. Any remaining directorships shall be tilled at large by the vote of all Members. Voting groups shall be established, if at all, by filing with the Association and recording in the Public Records, a Supplemental Declaration identifying cacti voting group by legal description or other means such that the Plot(s) within cacti voting group can easily be detennined. Such designation may be amended from tittle to time by Declarant, acting alone, at any time prior to the expiration of the Class "B" membership, or, after the expiration of the Class "B" membership, upon the written approval of at least 75% of the total Class "A" votes in the Association. Until such time as voting groups are established, all of the Properties shall constitute a single Voting group. After a Supplemental Declaration establishing voting groups has been recorded, any and all portions of the Properties which are not assigned to a specific voting group shall constitute a single voting group. 3.6. Removal of Directors and Vacancies. Any director elected by the Class "A" \1enibers may be removed, with or without cause, by the vote of such Members holding a majority of the votes entitled to be cast for the election of such director. Any director whose renioval is sought shall be given notice prior to any meeting called for that purpose. Upon removal of a director, a successor shall be elected by the Members entitled to elect the director so removed to fill the vacancy for the remainder of the term of such director. Any director elected by the Class A" Nlenibers wlio has three or more consecutive unexcused absences from Board meetings or who is more than 30 days delinquent in the payment of any assessment or other charge due the 41 Commercial Association, may be removed by a majority vote of the directors present at a regular or special meeting at which a quor u i is present, and the Board may appoint a successor to fill the vacancy until the next annual meeting, at tvhicli time the Members entitled to fill such directorship may elect a successor for the remainder of the term. tit the event of the death, disability, or resignation of a director, the Board may declare a vacancy and appoint a successor to serve until the next annual meeting, at which tittle a successor shall be elected to serve the remainder of the ten", if any. This Section shall not apply to directors appointed by the Declarant nor to any director serving as a representative of the Declarant. The Declarant or the Declarant shall be entitled to appoint a successor to fill any vacancy on the Board resulting from the death, disability, or resignation of a director appointed by the Declarant or elected as a representative of the Declarant, respectively. B. i\lectings. 3.7. Oreanizational Meetings. The first meeting of the Board following each annual meeting of the membership shall be held within 30 days thereafter at such time and place as the Board shall fix. 3.8. Regular Meetings. Regular meetings of the Board may be held at such time and place a majority of the directors shall detennine, but at least one such meeting shall be held during each fiscal year. 3.9. Special Meetings. Special meetings of the Board shall be held when called by written notice signed by the President or Vice President or by any two directors. 3.10. Notice, Waiver of Notice. (a) Notice of meetings of the Board of Directors shall specify the time and place of the meeting and, in the case of a special meeting, the nature of any special business to be considered. The notice shall be given to each director by: (a) personal delivery; (b) first class mail, postage prepaid; (c) telephone communication, either directly to the director or to a person at the directors office or home who would reasonably be expected to communicate such notice promptly to the director; or (d) facsimile, computer, fiber optics, or other such communication device. All such notices shall be given at the director's telephone number or sent to the director's address as shown on the records of the 41 Commercial Association. Notices sent by first class mail shall be deposited into a United States mailbox at least four business days before the time set for the meeting. Notices given by personal delivery, telephone, or other communications device shall be delivered, telephoned, or transmitted at least 72 hours before the time set for the meeting. (b) The transactions of any meeting of the Board, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (i) a quonun is present, and (ii) either before or after the meeting each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 3.11. Telephonic Participation in Meetings. Members of the Board or any committee designated by the Board may participate in a meeting of the Board or committee by means of conference telephone or similar communications equipment, provided all persons 6 participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting. 3.12. Quontm of Board of Directors. At all meetings of the Board, a majority of the directors shall constitute a quonnn for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise specifically provided in these By -Laws or the Declaration. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quonnn for that meeting. If any meeting of the Board cannot be held because a quorum is not present, a majority of the directors present at such meeting may adjourn the meeting to a time not less than five nor more than 30 days from the date of the original meeting. At the reconvened ntecting, if a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 3,13. Compensation. No director shall receive any compensation from the AI Commercial Association for acting as such. Any director may be reimbursed for expenses incurred on behalf of the dl Commercial Association upon approval of a majority of the other directors. Nothing herein shall prohibit the 41 Commercial Association from compensating a director, or any entity with which a director is affiliated, for services or supplies furnished to the 41 Commercial Association in a capacity other than as a director pursuant to a contract or agreement kith the 41 Commercial Association, provided that such directors interest was made known to the Board prior to entering into such contract. 3.14. Conduct of \leetinas. The President shall preside over all meetings of the Board, and the Secretary shall keep a minute book of Board meetings, recording all Board resolutions and all transactions and proceedings occurring at such meetings. 3.15, Open 1%leetinas. Subject to the provisions of Section 3.16, all meetings of the Board shall be open to all Members and their representatives, but Members other than directors may not participate in any discussion or deliberation unless pennission to speak is requested on his or her behalf by a director. In such case, the President may limit the time any Xlentber or Member representative may speak. Notwithstanding the above, the President may adjourn any meeting of the Board and reconvene in executive session, excluding -X4embers and their representatives, to discuss matters of a sensitive nature, such as pending or threatened litigation, personnel matters, etc. 3.16. Action Without a Fornial Nleeting. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors, and such consent shall have the same force and effect as a unanimous vote. C. Powers and Duties. 3,17. Powers. The Board of Directors shall have all of the powers and duties necessary for the administration of the 41 Commercial Association's affairs and for performing 7 0 W 0 Z- CO -o m N c-n t,n N all responsibilities and exercising all rights of the 41 Commercial Association as set forth in the Declaration, these By -Laws, the Articles, and as provided by law. The Board may do or cause to be done all acts and things as are not directed, by the Declaration, Articles, these By -Laws or Florida late, to be done and exercised exclusively by the blentbers. 3.18. Duties. The duties of the Board shall include, without limitation: 0 (a) preparing and adopting, in accordance with the Declaration, annual budgets o establishing each Owners share of the Common Expenses; CO (b) assessing and collecting such assessments from the Owners; -o m cproviding for the operation, care, upkeep, and maintenance of the Area of c- Common Responsibility; =l W (d) designating, hiring, and dismissing the personnel, organizations, companies, and others necessary to carry out the rights and responsibilities of the 41 Commercial Association and, where appropriate, providing for the compensation of such and for the purchase of equipment, supplies, and materials to be used by such in the perfomtance of their duties; (e) depositing all finds received on behalf of the 41 Commercial Association in a bank depository which it shall approve, and using such funds to operate the 41 Commercial Association; provided, any reserve find may be deposited, in the directors' best business judgment, in depositories other than banks; (f) making and amending Use Restrictions and Rules and Regulations governing the 41 Commercial Association in accordance with the Declaration; (g) opening of bank accounts on behalf of the 41 Commercial Association and designating the signatories required; (h) making or contracting for the making of repairs, additions, and improvements to or alterations of the Common Area in accordance with the Declaration and these By -Laws; 0) enforcing by legal means the provisions of the Governing Documents and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the 41 Commercial Association; provided, the 41 Commercial Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the Board in the exercise of its business judgment determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the 41 Commercial Association's position is not strong enough to justify taking enforcement action; (j) obtaining and carrying property and liability insurance and Fidelity bonds, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate; S (k) paying the cost of all services rendered to the 41 Commercial Association; (1) keeping books with detailed accounts of the receipts and expenditures of the 41 Commercial Association; (in) making available to any prospective purchaser of a Plot, any Owner, and the holders, insurers, and guarantors of any Mortgage on any Plot, current copies of the Declaration, the Articles of Incorporation, the By -Laws, rules and all other books, records, and financial statements of the 41 Commercial Association, as provided in Section 6.4; (n) pennitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of the Properties; (o) entering into agreements with service and utility providers for services provided to Plots and the Common Area, including, without limitation, fiber -optics and telecommunication equipment; (p) indemnifying a director, officer, or committee member, or former director, officer, or committee member of the 41 Commercial Association to the extent such indemnity is required by Florida law, the Articles of Incorporation, or the Declaration; and (q) assisting in the resolution of disputes between owners and others without litigation, as set forth in the Declaration. 3.19. Right of the Declarant to Disapprove Actions. So long as the Declarant owns any property described on Exhibits "A" or "B" of the Declaration or holds a contractual option to purchase any property described in Exhibit "B" (regardless of whether such property is submitted to the Declaration), the Declarant shall have a right to disapprove any action, policy or program of the 41 Commercial Association, the Board and any committee which, in the sole judgment of the Declarant, would tend to impair rights of the Declarant or builders under the Declaration or these By -Laws, or interfere with development of or construction on any portion of the Properties, or diminish the level of services being provided by the 41 Commercial Association. (a) The Declarant shall be given written notice of all meetings and proposed actions approved at meetings (or by written consent in lieu of a meeting) of the 41 Commercial Association, the Board or any committee. Such notice shall be given by certified mail, return receipt requested, or by personal delivery at the address it has registered with the Secretary of the 41 Commercial Association, and shall comply as to Board meetings with Sections 3.8, 3.9, and 3.10 and which notice shall, except in the case of the regular meetings held pursuant to the By - Laws, set forth in reasonable particularity the agenda to be followed at such meeting; and (b) The Declarant shall be given the opportunity at any such meeting to join in or to have its representatives or agents join in discussion from the floor of any prospective action, policy, or program which would be subject to the right of disapproval set forth in this Section. co VO W C7 C- CA No action, policy or program subject to the right of disapproval set forth in this Section shall become effective or be implemented until and unless the requirements of subsections (a) and (b) above have been tile[. The Declarant, its representatives or agents shall make its concerns, thoughts, and suggestions known to the Board and/or the members of the subject committee. The Declarant, W acting through any officer or director, agent or authorized representative, may exercise its right to 0 disapprove at any time within 10 days following the meeting at which such action was proposed CO or, in the case of any action taken by written consent in lieu of a meeting, at any time within 10 days following receipt of [written notice of the proposed action. This right to disapprove may be m used to block proposed actions bill shall not include a right to require any action or counteraction N on behalf of any committee, or the Board or the 41 Commercial Association. The Declarant shall not use its right to disapprove to reduce the level of services which the 41 Commercial Ul Association is obligated to provide or to prevent capital repairs or any expenditure required to comply with applicable laws and regulations. 3.20. Nianauenrent. The Board may retain for the 41 Commercial Association a professional management agent or agents at such compensation as the Board may establish, to perform such duties and services as the Board shall authorize. The Board may delegate to the managing agent or manager, subject to the Board's supervision, such powers as are necessary to perform the manager's assigned duties but shall not delegate policy making authority. The Declarant, or an affiliate of the Declarant may be employed as managing agent or manager. The Board may delegate to one of its members the authority to act on behalf of the Board on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board. 3.21. Accounts and Reports. The following management standards of perfon»ance shall be followed unless the Board by resolution specifically detenuines otherwise: (a) accrual accounting, as defined by generally accepted accounting principles, shall be employed; (b) accounting and controls should confomn to generally accepted accounting principles; (c) cash accounts of the 41 Commercial Association shall not be commingled with an}, other accounts; (d) no remuneration shall be accepted by the managing agent from vendors, independent contractors, or others providing goods or services to the 41 Commercial Association, whether in the fomn of commissions, finders fees, service fees, prizes, gifts, or otherwise; any thing of value received shall benefit the 41 Commercial Association; LI (c) any financial or other interest which the managing agent may have in any fine providing goods or services to the 41 Commercial Association shall be disclosed promptly to the Board; and (t) an annual report consisting of at least the following shall be distributed to all Nlembers within 120 days after the close of the fiscal year: (1) a balance sheet; (2) an operating (income) statement; and (3) a statement of changes in financial position for the fiscal year. Such annual report shall be prepared on an audited, reviewed or compiled basis, as the Board detennines, by an independent public accountant. 3.22. Borrowine. The Association shall have the power to borrow money for any legal purpose. 3.23. Right to Contract. The Association shall have the right to contract Nvith any Person for the perforniance of various duties and functions. This right shall include, without limitation, the right to enter into common management, operational, or other agreements with one or more Community Development Districts, trusts, condominiums, cooperatives, tax-exempt foundations, or other property owners or similar associations, within and outside the Properties; provided, any common management agreement shall require the consent of a majority of the total number of directors of the 41 Commercial Association. 3.24. Enforcement. The Association shall have the power, as provided in the Declaration, to impose sanctions for any violation of the Governing Documents. Prior to the imposition of any sanction requiring notice under the Declaration, the following procedures shall apply: (a) Notice. The Board or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a period of not less than 14 days within which the alleged violator may present a written request for a hearing to the Board before the Covenants Committee, established pursuant to Article V; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 14 days of the notice. If a timely challenge is not made, the sanction stated in the notice shall be imposed if approved by the Covenants Committee; provided the Covenants Committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 14-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the sane or other provisions and rules by any Person. (b) Hearing. If a hearing is requested within the allotted 14-dap period, the hearing shall be held before the Covenants Committee in executive session. The alleged violator shall be afforded a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator or its representative appears at the 0 DO w O cA -v c� N un c.n O"1 meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. (c) Appeal. Following a hearing before the Covenants Committee, the violator shall have the right to appeal the decision to the Board of Directors. To exercise this right, it written notice of appeal must be received by the manager, President, or Secretary of the Association within 14 days after the hearing date. (d) Additional Enforcement Rights. Notwithstanding anything to the contrary in this Article, the Board may elect to enforce any provision of the Declaration, these By -Laws, or the rules of the 41 Commercial Association by self-help (specifically including, but not limited to, the touring of vehicles that are in violation of parking rules), or, subject to compliance with the dispute resolution procedures set forth in Article \111 of the Declaration, if applicable, by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity of compliance with the procedure set Will above. in any such action, to the maxinuun extent pennissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. Any entry onto a Plot for the purpose of exercising this pourer of self-help shall not be deemed a trespass. 3.25. Board Standards. While conducting the 41 Commercial Association's business affairs, the Board shall be protected by the business judgment rule. Tile business judgment rule protects a director from personal liability so long as the party claiming liability does not prove that the director failed to: (a) smc in a manner the director believes to be in the best interests of the 41 Commercial Association and the Members; (b) serve in good faith; or (c) act with such care as an ordinarily prudent person in a like position would use under similar circumstances. In fulfilling its "overnance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. 'file Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. Operational standards of the Board and any committee appointed by the Board shall be the requirements set forth in the Governing Documents or the mininmm standards which Declarant, the Board, and the Reviewer may establish. Such standard shall, in all cases, meet or exceed the standards set by Declarant and the Board during the Class "B" membership. Operational standards may evolve as the needs and demands of the Properties change. Article 1V Officers 4.1. Officers. The officers of the 41 Commercial Association shall be a President. Vice President, Secretary, and Treasurer. The President and Secretary shall be elected from among the members of the Board; other officers tray, but need not be members of the Board. The Board may appoint such other officers, including one or more Assistant Secretaries 12 0 w 0 CO and one or more Assistant Treasurers, as it shall deem desirable, such officers to have such authority and perfornm such duties as the Board prescribes. Any two or more offices may be held by the same person, except the offices of President and Secretary. 4.2. Election and Term of Office. The Board shall elect the officers of the 41 Commercial Association at the first meeting of the Board following each annual meeting of the Members, to serve until their successors are elected. 4.3. Removal and Vacancies. The Board may remove any officer whenever in its judgment the best interests of the 41 Commercial Association will be served, and may fill any vacancy in any office arising because of death, resignation, removal, or otherwise, for the W unexpired portion of the tenn. O 4.4, Powers and Duties. The officers of the 41 Commercial Association shall CD each have such powers and duties as generally pertain to their respective offices, as .well as such --a powers and duties as may specifically be conferred or imposed by the Board of Directors. The C' President shall be the chief executive officer of the 41 Commercial Association. The Treasurer tv rs shall have primary responsibility for the preparation of the budget as provided for in the Ut Declaration and may delegate all or part of the preparation and notification duties to a finance OD committee, management agent, or both. 4.5. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 4.6. Agreements Contracts Deeds Leases, Checks, Etc. The Board may, from time to time adopt resolutions regarding the number of persons and their capacity to execute agreements, contracts, deeds, leases, checks, and other instruments of the 41 Commercial Association. Until such a resolution is adopted, one officer or managing agent may execute agreements, contracts, deeds, leases, checks, and other instruments of the 41 Commercial Association. 4.7. Compensation. Compensation of officers shall be subject to the same limitations as compensation of directors under Section 3.13. Article \' Committees 5.1. General. The Board may appoint such committees as it deems appropriate to perform such tasks and to serve for such periods as the Board may designate by resolution. Each committee shall operate in accordance with the terms of such resolution. Committees are authorized to recommend policies or recommend procedures to the Board as a collective body on behalf of the Association. Individual committee members are not authorized to carry out such policies or take action on behalf of the 41 Commercial Association. For example, 13 individual members are not empowered to randomly tour the Properties, supervise management or dl Commercial Association personnel, or issue policies. Such action is inconsistent with effective community governance. 5.2. Covenants Committee. in addition to any other committees which the Board may establish pursuant to Section 5.1, the Board may appoint a Covenants Committee consisting of at least three and no more than seven Members. Acting in accordance with the Declaration, these By -Laws, and resolutions the Board may adopt, the Covenants Committee, if established, shall be the hearing tribunal of the 41 Commercial Association and shall conduct all hearings held pursuant to Section 3.2.1 of these By -Laws. Article N'l Miscellaneous 6.1. Fiscal Year. The fiscal year of the 41 Commercial Association shall be set by resolution of the Board of Directors. In the absence of a resolution, the fiscal year shall be the calendar year. 6.2. Parliamentary Rules. Except as may be modified by Board resolution, Robert's Rules of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Florida Inv, the Articles of incorporation, the Declaration, or these By - Laws. 6.3. Conflicts. If there are conflicts between the provisions of Florida law, the Articles of Incorporation, the Declaration, and these By -Laws, the provisions of Florida law, the Declaration, the Articles of Incorporation, and the By -Laws (in that order) shall prevail. 6.4. Books and Records. (a) Inspection by illembers and Mortgagees. The Board shall make available for inspection and copying by any holder, insurer or guarantor of a first \lortgage on a Plot, any Member, or the duly appointed representative of any of the foregoing at any reasonable time and for a purpose reasonably related to his or her interest in a Plot: the Declaration, By -Laws, and Articles of Incorporation, including any amendments, the rules of the dl Commercial Association, the membership register, books of account, and the minutes of meetings of the Members, the Board, and committees. The Board shall provide for such inspection to take place at the office of the 41 Commercial Association or at such other place within the Properties as the Board shall designate. to: (b) Rules for Inspection. The Board shall establish reasonable rules with respect (i) notice to be given to the custodian of the records; (ii) hours and days of the week when such an inspection may be made; and 14 0 �o C,J 0 r CO -0 m N C.n c-n (iii) payment of the cost of reproducing copies of documents requested. 6.5. Notices. Unless otherwise provided in these By-Lamvs, all notices, demands, bills, statements, or other communications under these By -Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States Mail, first class postage prepaid: (a) if to a Menmber, at the address which time Menmber has designated in writing and filed with the Secretaq, or, if no such address has been designated, at the address of the Plot e of such \lember; or PO W C) (b) if to the 41 Commercial Association, the Board, or the managing agent, at ,r- the principal office of the 41 Commercial Association or the managing agent or at such other ao address as shall be designated by notice in writing to the \lembers pursuant to this Section. T tV 6.6. Amendment. Ln Oil (a) By Declarant. The Declarant shall have the right to unilaterally amend these C=) By -Laws for any purpose as long as the Class "B" membership exists. (b) By Members Generally. Except as provided above, these By -Laws may be amended only by the affinative vote or written consent, or any combination thereof, of Members representing at least 66% of the total Class "A" votes in the 41 Commercial Association and the consent of the Declarant, as long as such membership exists. However, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. (c) Validity and Effective Date of Amendments. Amendments to these By -Laws shall become effective upon recordation in the Public Records unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of these By - Laws. If an Owner consents to any amendment to the Declaration or these By -Laws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any ,Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Declarant without the written consent of Declarant, the Declarant, or the assignee of such right or privilege. 5167011 uWY 41.13y1-102998-3wo 15 CERTIFICATION 1, the undersigned, do hereby certify: That 1 ant the duly elected and acting Secretary of The Brooks 41 Commercial Association, Inc., a Florida not -for -profit corporation; That the foregoing By -Laws constitute the original By -Laws of said 41 Commer jal Association, as duly adopted at a meeting of the Board of Directors thereof held on the 't day of 'C , 19` & . IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said 41 Commercial Association this t`' day of _jc�_, 199b [SEAL] fSecr arvr�1 —R. Scht�c- to CO 0 m n 0 i cn r 16 0 �o W CO -0 m Iv un X, rp m� mm n o;ia -- m _jM Tn r-r- m a COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT / BUILDING REVIEW & INSPECTION DIVISION 2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Outstanding Corrections Date: August 25, 2022 Contact Name: Morris-Depew Associates, Inc. Address: 2914 Cleveland Avenue City, State Zip: Ft. Myers, FL 33901 Dear Applicant: PERMIT NO: PRROW2022073352301 APPLICATION NO: PRROW20220733523 JOB SITE ADDRESS: Email: permitting@m-da.com Plans submitted with the referenced permit have been reviewed. We are unable to approve your permit application for the reason(s) indicated below. For Applications Submitted through the GMD E-Permitting Portal: • Resubmittals must be submitted in the same session and the changes must be clouded. • Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected sheets). Submittals containing just the corrected sheets will be returned as Insufficient. A written letter of response summarizing the changes made to address each correction comment must be included in your resubmittal. Failure to include a written letter of response will result in a rejection. After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified through this process. JOB DESCRIPTION: New vehicular access and gate addition to Veterans Memorial Blvd. (MEDITERRA SOUTH EAST ENTRANCE) On Veterans Blvd East of Livingston RD Rejected Review: ROW Review Reviewed By: Alicia Humphries Phone:239-252-2326 Email:Alicia.Humphries@colliercountyfl.gov Correction Comment 1: The ROW review will not be approved until the PDI, PL20210003207 and PPL, PL20220004544 are approved. Correction Comment 2: Please see the document labeled, "Mediterra ROW Review Landscape & Irrigation.docx". Please revise the plans as necessary in response to the comments. Correction Comment 3: Please confirm that a left turn lane into the property is not required Correction Comment 4: Section A, sheet CG-301, 6% is the typical cross slope in medians Correction Comment 5: The Site Location Map on the cover sheet appears to indicate the proposed improvements west of Livingston Road but the site plans show the improvements east of Livingston Road. While staff recognizes that the golf course is west of Livingston Road, the location map is misleading. Please consider correcting. Correction Comment 6: Please provide a Maintenance of Traffic Plan for the proposed construction ATTENTION: Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section, 104.5.1.1 to 104.5.1.4 (as amended). VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Rodney Chase, Board President 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Evelyn Follit, Director 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Christine Brewer. Director 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. David Rusate, Director 15735 Corso Mediterra Circle Naples, Florida 34110 ENTk 7 VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Charles Yie, Director 15735 Corso Mediterra Circle Naples, Florida 34110 RE: COVER LETTER TO counselors August 10, 2022 850 PARK SHORE DRIVE SurtE 201-A N VUS, FL 34103 239.316.3006 OFFICE 239.307.4839 FACSINGLE L)ok CirTns&]Vl COM VIA US CERTIFIED MAIL, RETURN Mr. Ken Tarr, Board Vice President 15735 Corso Mediterra Circle Naples, Florida 34110 /\.17 VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND Mr. Alan Jaffe, Director 15735 Corso Mediterra Circle Naples. Florida 34110 VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Elaine Perna, Director 15735 Corso Mediterra Circle Naples, Florida 34110 VIA US CERTIFIED MAIL, RETURN Ms. Leslie Waters, Director 15735 Corso Mediterra Circle Naples, Florida 34110 VIA US CERTIFIED MAIL, RETURN Thomas B. Hart, Esq., Registered Agent 1625 Hendry Street, Third Floor Fort Myers, Florida 33901 STATUTORY OFFER TO PARTICIPATE IN PRESUIT MEDIATION Dear Directors & Officers and others, As you know and in follow-up to our letter dated July 13, 2022 (the "Letter"), we represent several property owners and members ("Parcel Owners") of the Mediterra Community Association, Inc. (the "Association"). This letter shall confirm that, to date, the Association has failed or refused to respond to the claims made in the Letter and has failed or refused to make any effort to meet in person and confer, in good faith, for the purpose of resolving the claims made in the Letter. A copy of the Letter is attached. Additionally, this cover letter pertains to a present dispute between the Parcel Owners and the Association with respect to Issue #1, Issue #2 and Issue #3 as described in the attached Statutory Offer to Participate in Presuit Mediation. Among other things, the Parcel Owners contend that the Association has no authority whatsoever under the Governing Documents to destroy any portion of the platted Tracts L and Q landscape buffers and/or to replace such buffers with road/gate related improvements. All such platted areas must be maintained by the Association in a natural open condition, and the Association shall not do anything that diminishes or destroys such buffers and open space. The applications filed by the Association with Collier County in connection with the proposed new, permanent east entry road, gate, and related improvements constitute a breach of the Association's obligations under the Governing Documents. The Parcel Owners also view the actions being taken by the Directors and Officers of the Association as a breach of their fiduciary duties owed to the Association, its Members and the Parcel Owners. The Parcel Owners have provided the enclosed Statutory Offer to Participate in Presuit Mediation for your response. We look forward to your timely response. Sincerely, l ` Douglas A. Lewis For The Firm DAL:krs cc: Mr. Scott Thompson Mr. Michael Beland Mr. Leon Asadoorian counselors July 13, 2022 VIA EMAIL: rodney(iiWchase.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Rodney Chase, Board President 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL: billb(a'mediterraca.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Bill Bowden, General Manager 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Thomas B. Hart, Esq., Registered Agent 1625 Hendn Street Fort Myers, FL 33901 AND VIA EMAIL: BSmithna m-da.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MORRIS DEPEW ATTN: Mr. Ben Smith, AICP 2914 Cleveland Ave Fort Myers, FL 33901 745 12111 AvENuE SouTH SurrE 105 NAPLES, FL 34102 239.316.3006 OFFICE 239.307.4839 FACSIMILE D0UG(u TLLFIRM.COM RE Demand Letter - Proposed Mediterra South East Entry Road and Gate; PL20210003207 (PUD Amendment) and PL20220004544 (Plat Amendment Application for Tract "Q", Mediterra Phase Three East, Unit One) Dear Mediterra Community Association, Inc.: This firm has recently been represented to represent Scott Thompson, Michel Beland and Leon Asadoorian, residing at 16477, 16469, and 16473 Celebrita Court, respectively. www.tIIfirm.com We have completed a cursory review of PL20210003207 and PL20220004544 (collectively, the "Proposed Project"), and we continue to evaluate the proposed Mediterra South East Entry Road and Gate. As such, we reserve the right to make further objections/Claims based on the same. In the meantime, we respectfully request that said applications for the Proposed Project be withdrawn based on the following initial findings: • Our clients purchased their homes at the rear of the community and adjacent to the platted landscape buffer easements in reliance on the protections afforded them under, for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida, as amended (the "ECR"); • Regarding the PUD, the Proposed Project is located within lands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation. In fact, the PUD only permits "temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat; • Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project; and • Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4. Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promoted the user and enjoyment of such areas as open space." Our clients purchased their hones in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. We look forward to receipt of written assurances from the Association that the applications for the Proposed Project will he promptly withdrawn. Additionally, this letter shall be deemed a Claim pursuant to Section 14.4 of the ECR, as this letter provides the nature of the Claim, the legal basis for the Claim, and Claimants' proposed remedy. We also hereby confirm that our clients stand ready. willing and able to meet with you to discuss in good faith ways to amicably resolve the Claim. In the meantime, should you have any questions whatsoever, please feel free to contact me. Best, Very truly yours, IaSA-.tewis For the Firm cc: Mr. Scott Thompson Mr. Michel Beland Mr. Leon Asadoorian Mr. Sean Sammon (via email: sean.sammon@colliercountvfl.eov) I GENERAL NOTES MODIFICATION NOTE IHtSLL H: LHIVV VJC JVIVI1\ 1 mINFORMATION SHOWN ON THIS TABLE AS WELL AS OFF -SITE DRAINAGE AREAS HAVE BEEN SUMMARIZLD PER WILSONMILLER, INC., SURFACE WATER MANAGEMENT PLANS, DRAWING FILE No.'s D-2934-32 & D-2934-112 DRAINAGE AREAS (ACES) MEDITERRA MEDI I ERRA PHASES ONE, TWO & THREE NORTH H PHASE THREE EAST DA1 DA2 DA} DA4 DA5 DA6 DA7 UAB DA9 DA'.1A DA10 MAIO 0.0 1 1 .4 100.5 1428 65,1 35.5 6.2 24.5 0.0 0.0 0.0 D,D TOTAL DRAINAGE AREAS (ACRES) 386 CONSERVATION AREAS MAINTENANCE FACILITY 5.7 0.0 0.0 0.0 0.0 0,0 0,0 O,o 0.0 O,D 0.0 0.0 5.7 GOLF COURSE / OPEN SPACE 125.-1 - 3.2 - 74..3 11 1.3 50.2 _ 22.0 6.9 4.1 4.9 0.0 5L 0.0 409.3 RIGHT (R.O.W.) - INTERNAL 2311 4.? 14,9 32.6 14.:; 7.3 5.5 2.0 11.8 0.0 8.4 0..0 124.8 LAKE- 52.8 3.8 -'9.n 42.3 14-.0 12.4 13.5 3.0 25.9 0.0 F1.D 0.0 204.7 TOWN CENTER 4.0 0.0 7.7 8.6 D.D O.O 0.0 - 0.0 - 0.0 n.0 - - 5.0 - 0.1 25.3 /2\ RESIDENIIAL 60,4 16.1 0'0 45.7 0.0 98.1 0.0 44.5 74.2 25,3 5.9 42.9 D.0 13.4 0.0 378.5 SALES CENTER O.o O.D 0.0 0.0 0.0 0.0 0.0 0.0 O.D 0.0 - EXTERNAL R.O.W. (LR/VMB ROADWAYS) 1 -,.0 O.D 0.0 6.5 0.0 14.0 0'0 0.0 0.0 9,0 0,0 .a T 47.3 LAKE BANK 13.3 1.4 a.9 14.3 5.3 3,5 3,3 1.2 5.R 0.0 2-1 00 59.3 PARK 1.9 0.0 5.3 4.5 0.6 I ,D 0-0 3.S 0.0 O.O D D 16.8 -- Total Area 299.2 42.1 286.3 463.0 194.0 119,9 FO� 40.7 91.a 9.012' 42 2 5.a 1557.7 Impervious (Roof) 21.0 5.4 16 8 329 " 133 /,3 1 .8 12.9 00 5.5 OAJ 124.5 Impervious (Pavement) 1-7,9 9.6 288 63.3 25.7 21.4- 3.5 24.4 260 5 PREVIOUSLY PERMITTED AS CONSTRUCT AND OPERATE ® PERMITTED AS CONCEPTUAL N4TES: ®1.) PROJECT DRAINAGE AREA = 1657.7 ACRES ®3.) TOTAL MEDITERRA DRAINAGE AREA = 1827.7 ACRES (INCLUDING CONTRIBUTING AREA FROM PORTIONS OF LIVINGSTON ROAD NORTH/SOUTH AND EAST/WEST AND GREYHOUND INDUSTRIAL PARK) L) AREA EXCLUDED FROM SURFACE WATER MANAGEMENT SYSTEM: 2.) OFF -SITE DRAINAGE AREAS: A.) CONSERVATION AREA 21 = 0.9 ACRES OFF 30 = 30 ACRES OFF 20 = 20 ACRES OFF 80 = 80 ACRES OFF 40 - 40 ACRES TOTAL OFF -SITE DRAINAGE AREAS = 170 ACRES TABLE B: WATER MANAGEMENT SUMMARY &INFORMATION SHOWN ON THIS TABLE DRAINAGE AREAS HAVE BEEN SUMMARIZED PER MEDITERRA MEDITERRA WILSONMILLER, INC., SURFACE WATER MANAGEMENT PLANS, DRAWING FILE No.'s D--2934-32 & D-2934-112 PHA` FC ONE, TWO & THREE NO TH PHASE THREE EA_I DA1 DA2 DA3 DAfi DA`a DAF, aA7 DAft DA9 DA9A DA10 DA10A WATER MANAGEMENT PARAMEI FR`s CONTROL ELEVATION (FT-NGVD) 11 0 11.5 12.3 12.0 11.E 11 > 10.3 12.13 12.0 12,0 11-0 11 0 25-YEAR, 3-DAY RAINFALL (IN) '11.7 11.7 11,/ 11.1 11.7 11.7 11.7 11-1 + 11.7 11.7 11.7 11.7 100-YEAR, 3-DAY RAINFALL (IN) 1.1,5 14.5 14.5 LT5 11,5 L`L5 14.5 14.5 14.5 14.5 111.5 LF , PEAK 25-YEAR, 3-DAY STORM STAGE 14.E 14.0 14.1 14.1 13.3 13-5 12.7 144.4 14.6 14.G 14.6 15.1 (FT-NGVD) PEAK 25 YL AR 3-DAY STORM DI - CHARGE 51.2 72 0 N/A N/A 24.2 1 1 .9 12T N/A N/A N/A N/A N/A (CFS) _ � PEAK 100-YEAR, 3-DAY STORM STAGE LT7 14.7 14.6 14.6 14.1; 14 G 14 6 15.1 15.1 15.6 15 - 1 G (FT-NGVD) I - FFMA ELEVATION (FT-NGVD) 70NE 'it' DONE 'X' ION[ 'X' ZONE 'X' ZONE 'X' ZONE 'X' ZONE: 'X' ZONE 'X' I ZONE 'X' ZONE 'X" ZONE 'X' Ztti 91 MINIMUM REQUIRED ROAD CROWN 14.1 14.1 14-,3 14." 115 137 12.8 LIMq5.2 PLO"r,o ELEVATION (FT-NGVD) MINIMUM REQUIRED FINISHED FLOOR 14.1 14,9 14--8 14.8 14-8 11 El LL7 15.2/A IS.:? N/A ELEVATION (FT -NGVD) -� MINIMUM REQUIRED PERIMETER BERM ELEVATION ( L-NGVD) 14.1 14T 14.3 14 , 1 3 `, 1 3.7 12.8 14.84 G 1 b,F 15.1 0 PREVIOUSLY PERMITTED AS CONSTRUCT AND OPERATE PERMITTED AS CONCEPTUAL 1.) PERIMETER BERMS WITH A TOP OF BERM SET AT THE MINIMUM 25-YEAR, 3-DAY STORM EVEN ELEVATION WILL BE CONSTRUCTED ALONG ALL DRAINAGE AREA BOUNDARIES. IN SOME AREAS, THE PROPOSED ROADWAYS, RESIDENTIAL, OR GOLF COURSE AREAS WILL ACT AS THE PERIMETER DLRM SINCE THESE USES WILL BE AT OR ABOVE THE MINIMUM 25-YEAR, 3-DAY STORM EVENT ELEVATIONS. 2.) ALL INVERTS AND ELEVATIONS ARE IN FEEL-NGVD. 3.) ALL LAKES SHALL HAVE A MINIMUM 20' MAINTENANCE AND OPERATION EASEMENT. A MINIMUM 20' ACCESS FASEMENT TO EACH 20' MAINTENANCE AND OPERATION EASEMENT WILL ALSO BE GRANTED WHERE NECESSARY. -_) THE LOCATION OF LITTORAL ZONES ARE APPROXIMATE AND MAY BE RELOCATED AT THE TIME OF CONSTRUCTION. PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY, APPROPRIATE EROSION CONTROL DEVICES STIALL BE INSTALLED TO CONTROL AND REDUCE SOIL EROSION AND SEDIMENT TRANSPORT TO OFF -SITE AREAS. THE CONTRACTOR SHALL MAINTAIN TI-I[SE DEVICES THROUGHOUT THE DURATION OF CONSTRUCTION. ALL DEVICES SHALL REMAIN IN PLACE UNTIL THE SURROUNDING ARFAS ARE ESTABLISHED. e.) PRIOR TO CONSTRUCTION NEAR CONSERVATION AREAS, EROSION CONTROL DEVICES WILL BE INSTALLED ALONG THE CONSERVATION AREA BOUNDARY, THESE DEVICES WILL HE SILT SCREENS AND, IF NECESSARY, STAKED HAY BAILS_ THESE DEVICES WILL REMAIN IN PLACE UNTIL CONSTRUCTION IS COMPLETED AND THE ADJACENT CONSTRUCTION ZONES ARE STABILIZED. 7,) ALL GRATE AND RIM ELEVATIONS EQUAL THE MINIMUM RECOMMENDED ROAD CROWN ELEVATION, UNLESS OTHERWISE NOTED ON PLANS. 8.) VERTICAL BULKHEADS TO BE PLACED AS SHOWN. BULKHEAD IS ONLY PROPOSED FOR NON -WATER MANAGEMENT LAKES, THEREFORE LAKE BANK COMPENSATION SHALL NOT BE REQUIRED. 9.) REFERENCE WILSONMILLER INC. SURFACE WATER MANAGEMENT PLANS, DRAWING FILE No. D-2934-112, SHEET No.'s 21, 22 & 23, MITIGATION/MONITORING AND MARSH GRADING PLANS FOR CONSERVATION AREA 23- 1.) TOTAL OVERALL BASIN ACREAGE FOR MEDITERRA PHASE THREE EAST HAS CHANGED TO INCLUDE PORTIONS OF VETERANS MEMORIAL BOULEVARD. 2.) CONTROL STRUCTURE DESIGN FOR CS23, CS24, CS25 AND CS26 HAS CHANGED. %\3.) LAND USE AREAS WITHIN DRAINAGE BASINS HAVE BEEN MODIFIED SLIGHTLY AND CONCEPTUAL BASINS DA9A AND DAIOA HAVE BEEN ADDED, AS SHOWN IN TABLE C BELOW. [�\ F) LAND USE ADJUSTMENTS WITHIN DRAINAGE BASINS NAVE INCREASED MINIMUM RECOMMENDED ELEVATIONS FOR THESE BASINS. 5.) DISCHARGE FROM THIS PHASE DOES NOT EXCEED ALLOWABLE DISCHARGE. LAKE LEGEND LAKE NUMDI R CONTROL ELEVATION (FT. N.G.V.D.) AREA AT PERIMETER AT CONTROL (ACRES) CONTROL (L.F.) LITTORAL ZONE (L.F.) BULKHEAD 66 1 1.E -11.5 1,559 15C 0 67 -- 12.0 6 C 3,227 Ill\ 4-63 - 0 68 - 11.0 2.7 1.411 504 0 69 - 12.0 - 8..) - Q 4,163 416 0 70 11.0 A 2.0 l 1,498 2fjjT\ 19,5 t'.j 0 71 72 12.E 12-0 2.9 2.7 A 1,720 Q 1,7G2 Zi\A\ 703 /z\/1\ 730 hi /\ 865 /1\%\ BBB 73 12.0 5.4 3,085 12\11\ 391 0 74 11 -0 0.8 - 921 L`7\Il\ 380 472 75 - 12.8 1.6 1 ,226 A 459 0 NVIL5; 1.) THE TOTAL AREA OF LITTORAL SHELVES SHOWN ON THE PLANS WILL REMAIN CONSTANT OR INCREASE HOWEVER, THEIR LOCATIONS AND SHAPES MAY BE RELOCATED TO OTHER AREAS WITHIN THE PROJECT TO ATTAIN A DESIRED EFFFCT DURING CONSTRUCTION. A2.) TAKES NUMBERS 71, 72 AND 74 ARE NOT INCLUDED IN THE WATER QUALITY CALCULATIONS. THEREFORE, NO COMPENSATING LITTORAL ZONES 0 A 6:1 SLOPE WILL BE PROVIDED. (_1, E CONTROL ELEVATION L.W, LOW WATER ELEVATION -_-, PROJECT BOUNDARY DRAINAGE BASIN BOUNDARY CONSERVATION BOUNDARY - - ---- JURISDICTIONAL WETLAND LIMITS - -- CONTOUR LINE WITH ELEVATION DESIGNATION EXISTING ELEVATION x-yam_, PROPOSED ELEVATION �- DIRECTION OF DRAINAGE FLOW SWAT F LEGEND LAKE LITTORAL ZONE F BULKHEAD ,� PROPOSED WATER LEVEL 4 CSXX CONTROL STRUCTURE �-� PROPOSED STORM SEWER STRUCTURAL BUFFER ALONG M BOUNDARIES OF CON_,ERVATION AREAS QCONSERVATION AREA DC IGNATION LAKE WITH DESIGNATION WETLANDS WITHIN CONSERVATION AREAS (INCLUDES EXISTING & u, CREATED WETLANDS) UPLANDS WITHIN CONSERVATION AREAS WFTLAP IDS PRESERVED OUT _' PHASE 3E PROJECT LIMITS PREVIOUSLY PERMITTED AS CONSTRUCT AND OPERATE IA CONCEPTUAL THIS MODIFICATION AND OPERATE CONTHIS MODIFICATION THIS MODIFICATION � ILI DESIGreATED AS NON -WATER MANAGEMENT IAKFS D" DRAINAGE AREA DESIGNATION MEDITERRA PHASE THREE EA • 6 _ - TABLE C: ADJUSTMENTS TO BASIN LAND USE ACI[REAGES PEP. THIS MODIFICATION APPLICATION LAUD USE PREVIOUSLY PERMITTEb CONSTRUCT AND OPERATE ACREAGE ADJUSTMENT`=. DUE TO MISCALCULATIONS ON ORIGINAL ERP MODIFICATION APPLICATION DAB DA9 DA10 TOTALS BUILDOUT TOTAL AFTER r ACREAGE ADJUSTMENT DA8 DA9 EAT T(D1AE5 ACREAGE ADJUSTMENTS GOIJDUE TO THIS MODIFICATION STRUtL AND OPERATE DAB DA9 DA1D TOTAL`-: THIS MODIFICATION BUILDOUT TOTAL CONSTRUCT AND OPERATE DAB DA9 DA10 TFItS MODIFICAIION DUII LOUT IOIAL CuFk;LPTUAL DA9A DA10A TRIALS LAND 1.15F_ DAB DA9 DA10 TOTALS 24.5 0.0 0.0 0.0 a.(' or] 24.5 CONSERVATION AREA- - CONSERVATION AREAS - 20_2 0.0 ^ -0 O,O - 10,9 0.n 4 2 4.3 -4.0 0-0 0.3 24.5 t7.0 0.0 ;24.5 0.0 0.0 0.0 On - 0.0 O.n O n n n D,0 n.n 0.0 14 1 MAINTENANCE FACILITY � COURSE GOLF In OPENSPACE 0'0 - 10.7 O,o 27.2 0.0 O.O - D.n 0.0 0.0 0.0 - - 0.0 - O.0 _ 0.0 D.0 0.0 0.0 - MAINTENANCE FACILITY - --GOLF COURSE OPEN SPACE / 5.6 -1.1 0.0 0.0 -1.1 - 4.5 10.9 1D.7 2G.1 -O.=T -6.0 -5.6 -12.0 4.1 4.9-_-- S.1 0.0 ._ a rl � 22 RIGHT -OF NAY (R.O.W.) - INTERNAL _ ICHT-OF-WAY R,O.W_ - INTERNAL ( ) 1,7 - 11.0 i.5 20.2 0.0 - 0.4 0.0 0.4 1.7 11.4 7.5 120.6 0 3 0.4 0.9 T.6 2_-0 11.8 8.4 - LAKE -_ TOWN CENTER - RESIDENTIAL JAI_E3 CENTER 3.3 0.0 8.7 Q.n `l_2.7 O.O 3 l.a - 0.0 1.2 3.9 10.2 0.0 - - 33.2 3.9 83 .._ 0.0 _ -0.3 r_t.0 -2.6 0.0 0.0 -0.3 0.0 0.9 0.0 1.1 0.0 - 0.0 0.5 1.1 O.0 D.O 0.0 0.0 - 0.0 0.0 0.0 O.n 0. I 0.4 0.6 0.0 -1.5 0.0 0,0 0.2 1.1 3.0 - 0.0 6.1 _ 0.0 - 0.0 1.1 0.0 23.6 r D.0 40.9 0.0 0.0 6.9 IL 7.2 3,9 10.2 O.0 0,0 2.5 0.0 .33.8 1,9 S /.2 0.0 0.0 10.5 1.1 0,0 O.ri - -0.2 0.0 0.0 0 .1 0.0 - 0.O 2.0 0,0 0.00.0't -1.T 2.4 1.1 ", 0.0 0.0 o.2 0.0 1.1 5.0 0 0 0.0 -1.2 2.4 3.0 cJ.tJ 5.3 0.0 1.2 0.0 Z5.9 D.0 42.9 0.0 O.D 5.8 :,.5 8.0 5.0 13.4 O,O 0.0 2.3 0.13 1,0 0 C1 -- FF.O 0,0 9.0 0.0 0,0 a - n.o - O 0 _. fµ0 0 0.0 a nO h,U 36.9 O (2.2 0.0 14.8 9.3 3.5 LAKE TOWN CENTER - RE IDFNTIAI_ ALE`, CENTER EXTERNAL R.G.W. (LR/VMB ROADWAYS) LAKE BANK - - PARK EXTERNAL R.O.W_ (LR/VMB ROADWAYS) -- _- LAKE BANK 2 PARK 0,0 1 1 OJI 0,0 6.4 0'0 O.O - _- 2,5 O'o 0.0 10.3 n 0._ 0.D Ci.H 0.; *40.9 1,H 3.3 91,E 17 3 12,5 *47_.O 4.3 10.1 1177.7 18.4 35.9 *-0.2 0.0 0.2 0.0 0.6 1.9 *0.2 1.2 2.3 O0 1.8 4-.4 :'4n./ 94.8 *42.2 S,H -- 192.S Total Awu - Total Arco IPn ,a viaus Roof Irrrpervious (Pavement) 4n.9 3., 4.2 a4,a 11.7 L'2.0 420 4.2 9.7 1!/.7 1 1.2 - `.9 O.O -1.3 -0.9 0.0 OA 0.5 1.1 .5 12.y -�•1.} S.5 12.4- 0 0 F,3 0.0 4-1 20.2 Al 50.7 Impervious (Ro.O Impervious (Pave.rn nt) PREVIOUSLY PERMITTED AS CONSTRUCT AND OPERATE PERMITTED AS CONCEPTUAL * THE OVERALL BASIN ACREAGE HAS NOT CHANGED. THE 0.2 AC ADJUSTMENT WAS AN ACREAGE MISCALCULATION BETWEEN THE ORIGINAL ERP MODIFICATION THAT HAS BEEN CORRECTED WITH THIS MODIFICATION. MEDITERRA - PHASE THREE EAST TABLE D: WATER QUALITY SUMMARY DRAINAGE BASIN WATER QUALITY REQUIRED (AC -FT) I''REVIOUSLY' PEPMITII) (A( -,-FT) WATER QUALITY PROVIDED THIS MODIFICATION (AC -FT) TOTAL WATER QUALITY PROVIDED (AC -FT) DI 1.4 /\ 3 2 0.8 4-❑ A * DA9 9.2 z/\ 9.7 �, 0.0 A\ 9.1 - +* DA10 -- 4.4 0 - R -rw \ 2.0 & ZS Q DA9A T +*+ d *** I *** - DAIOA *** A - 0.0 & A TOTAL - 17.E Q 1 & / A .- 2.8 ® I 21 _`' 0 PREVIOUSLY PERMITTED AS CONSTRUCT AND OPERATE * LAKE NUMBERS 71. 72, AND PORTIONS OF LAKE NUMBERS 69 AND 73 HAVE HEEN EXCLUDED FROM THE WATER QUALITY CALCULATONS. ® ** LAKE NUMBER 74 HAS BEEN EXCLUDED FROM THE WATFR QUALITY CALCULATION *** DA9 AND DA10 PROVIDE WATER QUALITY FOR DA9A AND DAIOA RESPE-11VI LY. A(:IIVIiY INIIIAI /I -MP. NO. 3 REVISED LIVIH(,'-,lt)N NOAD FA11/WEST ILI VETERAN`, MEMO I'IAI_ BnULCVARI) lo/30/03 R.J.P /L;t;IL DI ,1 -11-I1 <- <- r � ,, ADDED URAII�IAGC LiA.,IN� DA9A G DAIOA; REVI CCU .�UMN1HLr IAHI Cam; 11PDATED LAKE 70 C:ONFI(IIIRA11()N ANC) REMOVED HIII_RIICAD `�LCTION CJH 15 03 / / R.J.P. 81,11 _ -/ DRAWPI Hi": R.T.PJ860 IIF(:I:I I1 13'r: 1 _ � • S ELEVTIONS. REVISED I AKE LE(-CNLi, F3ULI=I ICAI1, ArJu LITTORAL ZONE LOCATIONS; ADDED CtLNTL.tEL .�I IzUCTURE C.,24A, LOW WATLh 0;? 05 03 / / R.J.I'. ;E 0 / FI-T ADMIN. DY: OREv IVO. REVISION I�lov O5, 20C]3 - 15:58:05 RPIACENTIX:AFNG\O2g34\142\RevO3\2934J203,dwg DATE DRAWN IlY EMP. N0. CHECKED BY IMP. jN11WM%F/F`R0VED BY: I I� II wIII'I II C�•� I �J J II fly I �I II (I -1°Il IIIII I d J MEDITERRA PHASE ONE III PUD I� I .IIII I 4� IIM` Y I� III ' I III I Wfls6rUilier, Inc. - FL Lk.M LC-0000170 lAl F WilsonMiller, Inc. - Certificate 0 Authoritation 11102 wilsdnmiller - 11/02 r Planners � Engineers - Ecologists - Surveyors - Landscape Architects - Transportation Consultants WilsonMiller, Inc. Naples -Fort Myers - Sarasota- Dradenion -Tampa -Tallahassee -Panama City Beach 3200 Bailey Lane, Suite 200 - Naples, Florida 34105-8507 - Phone 239-64-q-4040 - Fax 239-643-5716 - Web -Site wwwOlsonmillercorn TUSCANY RESERVE PUD VACANT A ADDL/KLV"i LU1 �JBIVWHAL NOV - 7 2003 CLIENT: - DAI L: ; NOV, 2002 ..� �. �F CENTER IItlRI,'l1AII/f 'tCnll: F�RTMYERSSFRV� BAY PARTNERS �L 1�200` ASTER PLAN PROJECT: ME D ITEF_ RA - PHASE THREE EA(r)T ,LC, 1WP: RT I : CROSS RED FRI,NCE FILE NO.: PRUJE(I NUMBER: PERMIT MODIFICATION 12 48S 25E D-2934-32 1 12 171 /189 02934-051-002-FL003 PROJECT BOUNDARY TUSCANY RESERVE PUD USCANY ;ESERVE PUD JO IN C. ENGI I SH ,,'C'Eli F-56171 INCEX 1,6MULR: D-2934-192 SI II FT NUMBER: 3 OF 12 T`L counselors at law July 13, 2022 VIA EMAIL: rodnevna rfchase.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Rodney Chase, Board President 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL: billb(a?mediterraca.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Bill Bowden, General Manager 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Thomas B. Hart, Esq.. Registered Agent 1625 Hendry Street Fort Myers, FL 33901 AND VIA EMAIL: BSmith6i,)m-da.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MORRIS DEPEW ATTN: Mr. Ben Smith, AICP 2914 Cleveland Ave Fort Myers, FL 33901 745 12"' AVENUE SOUTH SUrrE 105 N.API. IS, FL 34102 239.316.3006 OFFICE 239.307.4839 FACSDAILE DUI.IIia TI. LFIR\LCOM RE Demand Letter - Proposed Mediterra South East Entry Road and Gate; PL20210003207 (PUD Amendment) and PL20220004544 (Plat Amendment Application for Tract "Q", Mediterra Phase Three East, Unit One) Dear Mediterra Community Association, Inc.: This firm has recently been represented to represent Scott Thompson, Michel Beland and Leon Asadoorian, residing at 16477, 16469, and 16473 Celebrita Court, respectively. www.tl[firm.com We have completed a cursory review of PL20210003207 and PL20220004544 (collectively, the "Proposed Project"), and we continue to evaluate the proposed Mediterra South East Entry Road and Gate. As such, we reserve the right to make further objections/Claims based on the same. In the meantime, we respectfully request that said applications for the Proposed Project be withdrawn based on the following initial findings: Our clients purchased their homes at the rear of the community and adjacent to the platted landscape buffer easements in reliance on the protections afforded them under, for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida, as amended (the "ECR"); Regarding the PUD, the Proposed Project is located within lands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation. In fact, the PUD only permits "temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat; Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project; and Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4. Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promoted the user and enjoyment of such areas as open space." Our clients purchased their homes in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. We look forward to receipt of written assurances from the Association that the applications for the Proposed Project will be promptly withdrawn. Additionally, this letter shall be deemed a Claim pursuant to Section 14.4 of the ECR, as this letter provides the nature of the Claim, the legal basis for the Claim, and Claimants' proposed remedy. We also hereby confirm that our clients stand ready, willing and able to meet with you to discuss in good faith ways to amicably resolve the Claim. In the meantime, should you have any questions whatsoever, please feel free to contact me. Best, Very truly yours, � glDbu was-A-teWis For the Firm cc: Mr. Scott Thompson Mr. Michel Beland Mr. Leon Asadoorian Mr. Sean Sammon (via email: sean.sammonOcolliercountvfl.gov) T`L counselors at law July 13, 2022 VIA EMAIL: rodnevna rfchase.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Rodney Chase, Board President 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL: billb(a?mediterraca.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEDITERRA COMMUNITY ASSOCIATION. INC. ATTN: Mr. Bill Bowden, General Manager 15735 Corso Mediterra Circle Naples, FL 34110 AND VIA EMAIL & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Thomas B. Hart, Esq.. Registered Agent 1625 Hendry Street Fort Myers, FL 33901 AND VIA EMAIL: BSmith6i,)m-da.com & REGULAR US MAIL & CERTIFIED MAIL, RETURN RECEIPT REQUESTED MORRIS DEPEW ATTN: Mr. Ben Smith, AICP 2914 Cleveland Ave Fort Myers, FL 33901 745 12"' AVENUE SOUTH SUrrE 105 N.API. IS, FL 34102 239.316.3006 OFFICE 239.307.4839 FACSDAILE DUI.IIia TI. LFIR\LCOM RE Demand Letter - Proposed Mediterra South East Entry Road and Gate; PL20210003207 (PUD Amendment) and PL20220004544 (Plat Amendment Application for Tract "Q", Mediterra Phase Three East, Unit One) Dear Mediterra Community Association, Inc.: This firm has recently been represented to represent Scott Thompson, Michel Beland and Leon Asadoorian, residing at 16477, 16469, and 16473 Celebrita Court, respectively. www.tl[firm.com We have completed a cursory review of PL20210003207 and PL20220004544 (collectively, the "Proposed Project"), and we continue to evaluate the proposed Mediterra South East Entry Road and Gate. As such, we reserve the right to make further objections/Claims based on the same. In the meantime, we respectfully request that said applications for the Proposed Project be withdrawn based on the following initial findings: Our clients purchased their homes at the rear of the community and adjacent to the platted landscape buffer easements in reliance on the protections afforded them under, for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida, as amended (the "ECR"); Regarding the PUD, the Proposed Project is located within lands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation. In fact, the PUD only permits "temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat; Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project; and Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4. Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promoted the user and enjoyment of such areas as open space." Our clients purchased their homes in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. We look forward to receipt of written assurances from the Association that the applications for the Proposed Project will be promptly withdrawn. Additionally, this letter shall be deemed a Claim pursuant to Section 14.4 of the ECR, as this letter provides the nature of the Claim, the legal basis for the Claim, and Claimants' proposed remedy. We also hereby confirm that our clients stand ready, willing and able to meet with you to discuss in good faith ways to amicably resolve the Claim. In the meantime, should you have any questions whatsoever, please feel free to contact me. Best, Very truly yours, � glDbu was-A-teWis For the Firm cc: Mr. Scott Thompson Mr. Michel Beland Mr. Leon Asadoorian Mr. Sean Sammon (via email: sean.sammonOcolliercountvfl.gov) Application #: Issuing Office: Permit Type: Project Name: Landuse(s): Receiving Body: ENV Reviewer: TRS Reviewer: SWM Reviewer: Applicant: Agent: 220712-35139 Permit#: FTM/SFWMD Envimnmental Resource Mediterra Sauth East Entry Residential Location: 11-01761-P Received Date: 12-3ul-2022 Application Status: No Response 3I}-Day Deadline: Project Acres: 192.5 Collier Jewelene Harris (239)338-2929 Richard Walker (561)692-6741 Randall Casburn (239)339-292-3 Mediterra Community Association Inc. Rodney Chase 15735 Como Mediterra Cir. Naples FL 34110 Morris-Depew Associates, Inc. Jack Morris, P.E. 2914 Cleveland Ave Fart Myers FL 33901 NIA Letter Sent. 31-Oct-2022 Response Received: RAI Letter Sent: 10-Aug-2022 Response Received: Project Description: Contact Email Id: permits@sfwmd.gov Documents List by date Document Type Dale Pasted Side Applications(4) Application Documents(9) Repo rtAppNo220712-35139 Jul 12, 2022 22 ICB Sunhiz_07122022 Proof of Signature Authority Jul 12, 2022 209 KB Deed_07122022 Deed/Lease Jul 12, 2022 1 MB Affid,,itAuth,rization_07122022 Owner Authorization Jul 12, 2022 589 KB CM,113lans_07122022 Diagrams/Plans Jul 12, 2022 4 MB LetterOfAutharization_07122022 Application Documentation Jul 12, 2022 326 KB CoverLetter_07122022 Application Documentation Jul 12, 2022 499 KB SectionAApplication_07122022 Application Documentation Jul 12, 2022 2 MB ExhibitPerrnittedBasin_07122022 Diagrams/Plans Jul 12, 2022 9 MB Correspondenca(l) MailSubmittalNo265563 Jul 12, 2022 815 B CDFee Information(1) RAI Information(2) 220712-35139_Notice of Incomplete Application_20221031.pdf RAI Oct 31, 2022 187 KB 220712-35139_RAI_20220810.pdf RAI Aug 10, 2022 196 KB Correspondence(2) Agency Cam ments(Ij -1 220712- 35 139_AgencyCo m ments_20220812.pdf Agency Comments Aug 12, 2022 357 KB General Correspondence(1) 220712-35139_AppNoti€e_20220712.pdf Notice Jul 12, 2022 152 KB Notifications(i) Applicat onHotification(i) Repo rtAppMa220712-35139 Jul 12, 2022 22 1{13 Seal Verified? Close Me Right of Way, Sign & Well Permit Application Status PRROW20220733523 In order to view fees or schedule inspections, you need to be signed in. Expand All / Collapse All Note: You can collapse and expand IndIviduaI sections by eilcking the header bf the sectlon you wish to collapse/expand. - Summary Application Number. PRROVV20220733523 Applicakian Type: Right Of Way Application Status: Rejected Property Owner's Full Name: MEDITERRA COMMUNITY ASS INC Category of Work: New Construction Occupancy Cade: Utility, miscellaneous - Commercial & M/F Description of Work: New vehicular access and gate addition to Veterans Memorial Blvd. (MEDITERRA SOUTH EAST ENTRANCE) On Veterans Blvd East of Livingston RD Application Date: 07/13/2022 Expiration Date: 02/21/2023 1-2 Family or Comm: Commercial — - Business Name at Location (Portal) Business Name: — ► Locations r Contacts ► Permits (Click to Sae Reviews) — ► Deposits & Bonds — ► Inspections — ► Conditions — - Documents & Images File Type . Document Flame 03/2512022 Letter (Submittal) ROW Authorization Letter (02 MDA Authorization (Received).pdf). 08/2512022 Plans ROW Plans (06 Ofifsite OPC (Received).Of) D8{25{2022 Plans ROW Plans (04 Cord Plans (Reaeivedl pdfl 07/1312022 Plans ROW Plans (05 Landscape Plan Set.pM 08/2512022 Letter (Submittal) ROW Authorization Letter (03 ROW Authorization Form fReceived).pdf) 08/2512022 Applications implication Form (01 Application {Received).pdf1 0711512022 Letter Incomplete Application N4tiae (Generate Incomplete Application Notice) 08/2512022 Applications Application Form (Design Pro Acknowledgement Received).Rdf) 0712612022 Letter Payment Slip PR . 0810212022 Receipt Receipt far transaction:2022-077439 08/2512022 Document Mediterra ROW Review Landscape & Irrigation.docx 08/2512022 Letter Carrec#ions Letter EPR - Outstanding Corrections Note: You can collapse and expand Individual sections by dlcking the header of the sectlon you wish to collapse/expand- - - Summary Planning Project Application Number,. Project Name: Project Type: Application Types: Application Status: Date Entered: Property Owner's Full Name: Project Description: — I Locations _ ► Application Types (Click to See Reviews) — ► Inspections — ► Conditions — - Documents & Images PL20220004544 Mediterra (PPQ Plans & Plat Construction Pre -Application Meeting {Status: Resubmit - Open for Uploads) Plans & Plat Construction {Status; Resubmit - Open for Uploads) Resubmit - Open for Uploads 06/27/2022 MEDITERRA COMMLfNITY ASS INC Pre -Application Meeting Waived Subdivision Construction Plans and Plat - adding a new entrance. Data Uploadad.. File Type Document Name 05/2712022 Markupable Pre -Apt) - Waiver 08/2412022 Submittal 1 - Construction Plans REVISED 08/2412022 Submittal 1 - LandscapeArrigation Plans #REVISED 07/29/2022 Submittal 1 - boundary and Topo Submittal 1 - Opinion of Title Submittal 1 - Letter of intent Submittal 1 - Storm Pipe Sizing Calculations Affidavit of Authorization/Evidence of Autlii f L(15 MDA Authofizati0n0 0712912022 07/29/2022 0712912022 09/08/2022 Legal Document (Received).pdf). Submittal 1 - Property Ownership Disdosure Farm Preljminary Subdivision Plat {07 Preliminary Subdivision Plato - Prepared 07/2912022 09108/2022 Proposed Plan (Received).pdf) Submittal 1 - Traffic Impact Study (TIS) Submittal 1 - Addressing Checklist Affidavit of Authorization/Evidence of AuthoritL�03 Affidavit of AuthorizationD G7/29/2022 Document 0712912022 Checklist 09/08/2022 Legal Document (Received)=per Submittal 1 - PUD Manitorin❑ Schedule 07/29/2022 Document 09/0812022 Applications Cover LetterlNarrative Statement f02 Cover Letter0 - Prepared (Received), pdfl 09/08/2022 Applications Application Form (PPL Application (Received)_p. Incomplete Submittal Letter (INC) (Generate Incomplete Submittal Letter). 08/02/2022 Letter 08/05/2022 Submittal 1 - Insufficiency Comment Response Letter 08/05/2022 Report Submittal 1 - Engineers Report 08/05/2022 Document Submittal 1 - PUD Ordinance and Development Commitment Information (QL161] 0810512022 Document Submittal 1 - Opinion of Probable Cast iOPC) Off -Site 08/05/2022 Document Submittal 1 - Opinion of Probable Cast (OPC) On -Site . 08/08/2022 Letter PL Payment Slip 08/08/2022 Receipt Receipt for transaction:2022-079404 08/08/2022 Letter RLS 09/08/2022 Letter Review Comment Letter Submittals I Portal Home Client: Mediterra Community Association, Inc. Location: Veterans Memorial Boulevard Naples, Florida Provide information that the proposal has been coordinated with the TECM Veterans Memorial Parkway Plans. The schedule for Veterans Memorial Parkway: a. Phase 1 (D-B 60198) — Design Build, Duration 31 Months with a completion date of Third quarter 2023 b. Phase 2- Design Build — Design and Permitting to be completed third quarter 2024; Project Completion 2026 c. Phase 1 Issues and Questions: 1. Is the applicant required to modify the Veterans Memorial Boulevard South Florida Water Management Permit? 2. Is the applicant aware that Berms are not allowed in the right-of-way for plantings? 3. Access is allowed, but the roadway/driveway takes up a large portion of the public right-of-way and aligns with the Allura Entrance. There is not the correct directional median designed for this alignment, and the access points are too close to the existing traffic signal to warrant another signal. Has this been coordinated or discussed with TECM or Transportation Planning? 4. Was there a development agreement for the use of this right of way and alignment for a traffic light? a. " Within 180 days of the adoption of the PUD Ordinance by the Collier County Board of County Commissioners, the developer shall convey by warranty deed a 200-foot wide right-of-way along the southern property boundary, east of Livingston Road North/South, for the construction of Livingston Road East/West. The developer shall receive impact fee credits pursuant to the Collier County Consolidated Impact Fee Code Provisions as set fort in Section 74 of the Collier County Code of Laws and Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land Development Code." 5. Per the PUD: "Use of Rights -of -way: Utilization of lands within all project rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations." 6. Has the applicant demonstrated that the roadway horizontal and vertical geometrics meet the FDOT Standard requirements? The applicant should provide an Autoturn analysis to demonstrate that roadway curvatures are adequate (especially for emergency vehicle truck maneuvers). Provide the Radius of the roadway curves and Marlene Messam, PE, to determine if the roadway is safe. 7. Show FDOT sight lines on the plan. 8. Curbing of Medians: Type A curbing is used in roundabout central island construction and is 3" in height. Plant selection in medians needs to follow Topic #625-000-007 Plans Preparation Manual, Volume 1 (Date January 1, 2016) for Clear Zones. Roadway design speed needs to be indicated. 9. Show sightlines on plan. Refer to: FDOT Index 544-Landscape Installation, Index 546-Sight Distance at Intersections, and Index 700- Roadside Offsets a. REFERENCE FDOT Index 546: The corridor defined by the limits of clear sight is a restricted planting area. Drivers of vehicles on the intersecting roadway and vehicles on the major roadway must be able to see each other clearly throughout the limits of 'd' and 'd'. If in the Engineers judgement, landscaping interferes with the line -of -sight corridor prescribed by these standards the Engineer may rearrange, relocate or eliminate plantings. 10. Show existing elevation of the existing lift station in the grading plan. Unsure of the existing elevations around the lift station is too steep. Please coordinate with Collier County Water and Sewer District staff. Need to provide drainage or Swale. 11. Show only planting and irrigation in the ROW 12. There is an excessive amount of landscaping proposed in the ROW. 13. Trees are not allowed in the ROW unless they are part of the landscape beautification master plan. 14. Lighting is not allowed in the ROW as part of the LMA; the winding tree - lined road is a potential safety issue for drivers without street lighting. 15. Berming shown in the PPL plans is not allowed in the ROW. 16. Irrigation valves must remain in private property, not in the ROW. 17. For a right of way permit and Landscape maintenance agreement, the requirements are listed below: Landscape Maintenance Agreement: PURPOSE: It is the Road Maintenance Division's intent to set forth steps to be taken by right of way applicants to initiate a landscape maintenance agreement for landscape and irrigation within the County maintained Rights -of -Way (ROW) WHEN DO I NEED A LANDSCAPE MAINTENANCE AGREEMENT? A landscape maintenance agreement is needed in all instances when proposing landscape and irrigation within the rights of way with one exception which is addressed through an exemption application. • The landscape is limited to sod and small shrubs. • Minimum Code landscaping and buffering are not allowed in the right of way. • When placing irrigation systems in the right of way, a landscape maintenance agreement is required. • All Communities must mow the right-of-way area adjacent to their community. • The plans shall be prepared by a Florida Registered Landscape Architect. POLICY/PROCEDURE FOR LANDSCAPE MAINTENANCE AGREEMENTS: ❑ The "Applicant" may be a private, homeowners association, or developer. The applicant will be responsible for the installation costs of the landscape and irrigation project along with its perpetual maintenance. ❑ The applicant is required to obtain a Right -of -Way Permit. Included in the right of way applicant are the following: o Original signed and notarized landscape maintenance agreement. LMA o Right of way permit and a check for the associated fees. (ROW permit - fee schedule) o Signed and sealed landscape architectural plans that indicate the limit of work and future maintenance. (The Design Checklist) o Landscape Maintenance Specifications (Boilerplate Specifications) ❑ All attachments will be reviewed by Right of way permitting and Road Maintenance Landscape staff. Upon approval of plans, issuance of the right of way permit, and receipt of the original landscape maintenance agreement, a right of way permit will be issued, and the completed agreement will be submitted to the County Attorney's Office for review for legal sufficiency. ❑ The agreement requires Board of County Commissioner approval before starting the work. ❑ The Board approved agreement is recorded through Minutes and Records. The applicant is responsible for all recording fees. References: • https://www.colliercountyfl.gov/your-government/divisions-f-r/road- maintenance/landscape-operations • https://www.colliercountyfl.gov/your-government/divisions-f-r/road- maintenance/landscape-operations/landscape-maintenance-agreement-Ima Checklist for Landscape Maintenance Agreement (LMA): ❑ Obtain the most recent boilerplate agreement where the dates are indicated in the current year. Obtain a word document for revision. ❑ Paragraph 1 of the LMA, sentence 1— leave the day and the month blank. This is left blank for recording the actual recording date and is entered by Minutes and Records. ❑ Paragraph 1 of LMA — type in the legal Association, Developer, or Owner of the property and their registered mailing address. Reference as "Association" or "Owner" or "Developer." ❑ Type the information in the form. This information will be reviewed in Sunbiz for legal ownership before submitting to our attorney for review. ❑ The "Road" references the road where the right-of-way improvements are proposed. Type in the name of the street. ❑ Signature page: o ATTEST: Crystal K Kinzel, Clerk ( Leave Blank, will be signed by Clerk upon BCC approval). o BCC Chairman, Check BCC Chairman and official signature . o Under Association: Type legal association name. o Notarize and stamp the last page of the agreement. o The attorney reviewing for form and legality is Jeff Klatzkow, County Attorney — Leave blank. ❑ The LMA is comprised of Schedule 'A' which includes the approved documents o Right of Way Permit ■ The Right of way permit must be approved. ■ This is an attachment to the agreement. o Location Map that clearly indicates and labels: ■ The Limits of Maintenance ■ The Right of way and property lines ■ The Street names o Landscape and Irrigation Plans ■ Legible at 8 % x 11 format. ■ Reproducible and clear line work. ■ Labeled sod and landscaped areas. ■ Limits of Maintenance shown on the plan set. o Landscape and Irrigation Review of Plans: ■ The agreement is limited to groundcovers, shrubs, and irrigation. ■ Landscape Plans must have a legend. ■ LDC and FDOT sightlines must be shown on the plans. ■ Utilities, waterlines, overhead electrical, light poles, driveways, and all above and below services must be shown on the plans. ■ The property and right of way lines must be shown. ■ Plans prepared by a Florida Registered Landscape Architect. ■ For median landscape proposals: Toro irrigation heads, brass valves, and standardized equipment is used. Schedule a meeting with ❑ Schedule A: o Place a "Schedule A "Label in the corner of the ROW permit since this is an Exhibit to the Agreement it needs to be labeled. Schedule B: is the Boilerplate Landscape Maintenance specifications. o Plants that cannot be maintained to the proper heights will be rejected. If there is a plant that grows higher than the allowable heights. The specifications may be modified to indicate how the plant will be maintained. The County has the right to reject the provisional specification. o The maintenance specifications are a boilerplate specification and can be modified to meet the site -specific proposal and required maintenance of the specified plants. • Recording Fees: Once the agreement is approved by the Board. We will email the recorded agreement and invoice. The applicant is to write a check made payable to "Collier County Board of County Commissioners" for the invoiced amount and mail the check to: Collier County Transportation Management Services Department 2885 Horseshoe Drive South Naples, FL 34104 Attention: Pamela Lulich • The Landscape section will pay for the recording through account string 111-163801- 649030 and the payment will reimburse the RM/Landscape operating account. 18. 2589958 OR: 2638 PG: 0961 DECLARAT RICORDID !n CPPICIAL RKMS Of COLLIBR COUNTI, BROCR, CIIRK Retn: RIC RBd 558 BONITA BAY PPOPBRTIBS INC 345! BONITA BAY BIVD j - BONITA SPRINGS PI ,4!34 OF COVENANTS, CONDITIONS, TRICTIONS HVATT & STUBBLEFIELD, P.C. Attorneys and Counselors 1200 Peachtree Center South Tower 225 Peachtree Street, N.E. Atlanta, Georgia 30303 PI SO OR: 2638 PG: 0962 TABLE OF CONTENTS PAGE PART ONE INTRODUCTION TO THE COMMUNITY.......................................................1 ArticleI Creation of the Community...................................................................................I 1.1. Pu , e 4nd Intent ....................................•.......,.,,.......,.......,........................................1 1.2. B•n+din ffect....................................................................................................I.........1 1.3. Govtrn' bocuments.................................................................................................2 ArticleIl Conce t as l Deflnitions.......................................................................................2 2.1. Area of Con moI1r`Responsibilitv................................................................ 2.2. Articles of Incorporation ................ ......... ......... ....................... ........... .... ............. ....._3 2.3. Association.. , ......................................................................................................3 2.4. Base Assessment... ................. .................... ................................................ ...............3 15. Board of Directors or,Boatd.........................................................................................3 2.6. Builder.....................................,,,.•..••,.•....................................•..,.........,,.....3 2.7. By -Laws ..................... .......,,....,.....,................,......,.......,,..••......,..,,,............3 2.8. Common Area ................ .....,,................,,..............,......,........,.,......,..............3 2.9. Common Expenses. ...... ........................................................................3 2.10. Community Development Dws hct( ..................................................................3 2.11. Community -Wide Standard :.................................................................4 2.12. Conservation Areas • •... •.... - 4 2.13. Covenant to Share Costs..k.............................................................4 2.14. Declarant • .................................... ,.�..............................................4 2.15. Design Review Guidelines ..................... ......,,........,......,.,....................................4 2.16. Environmental Permits ........................... r:,.• ,,....,........•....,,............,,.....,.............4 2.17. Exclusive Common Area .rt . 2.18. Governing Documents ...............•........... ......"4 2.19. Master Plan ............................................... ...........,..........,..........,............5 2.20. Mediterra.......................•........................,,,,............... 5 2.21. Member.....................•,.............,,.•........................................................5 2.22, Mortgage........................................................... ......... .......5 LL , 2.23. Neighborhood.....................••.•.......................................... ..............................5 2.24. Neighborhood Assessments ........................•................ .....,........,:...........................5 2.25. Neighborhood Association ........................................ ... :.. ......,................5 2.26. Neighborhood Common Area............................................................... 5 2.27, Neighborhood )expenses .....................•....... ,,,..,..,.,....,.....•.... ..., �_•.�� ..........5 2.28. Neighborhood Representative ............................................................ .........................6 2.29. Owner.................................•,•....,...••.....,.....,..............................................,,................6 2.30. Person..............................................................,.......,....,............,.......,..........................6 2.31. Private Amenities.........................................................................................................6 2.32. Properties or Property..................................................................................................6 2.33. Public Records........................................................••,..............•........•.,....•,.........,........6 2.34. Rules and Regulations ............................................................. ...•.,,............................_6 0 OR: 2638 PG: 0963 2.35. Special Assessment......................................................................................................6 4.36. Specific Assessment.....................................................................................................6 2.37. Supplemental Declaration............................................................ ................................ 6 2.38. Surface Water Management System............................................................................7 2.39. Unit.............................................................................................................................7 2.40, Use Restrictions...........................................................................................................7 2.41. Voting Group...............................................................................................................7 PART TWO CREATION AND MAINTENANCE OF COMMUNITY STANDARDS ........ 8 ArticleII ' e and Conduct.................................................................................................8 �x 3.1. Framwor 4 for Regulation...........................................................................................8 3.2. Authnri of Enact Use Restrictions. . ......................................... ........................ ....... 8 3.3. Owners' Ac oWledgment and Notice to Purchasers. 9 3.4. Protectio of Owners and Others.................................................................................9 k ArticleIV Architecture d Landscaping.........................................................................I I 4.1. General.... .....:'-......:..........................................................................................1 4.2. Architectural Revieywr.............................................................. 4.3. Guidelines and Procedurd................................. ...........................13 4.4. No Waiver of Future Approval...............................................................................14 4.5. Variances............ 1-i ............................................ ......................... 4.6. Limitation of Liability............................................................................ 15 ell 4.7. Certificate of Compliance....:.. ' Article V Maintenance and Repair... .....15 5.1. Maintenance of Units .............. .,.......................................I....................15 5.2. Maintenance of Neighborhood Com 5.3. Responsibility for Repair and Replacerr�'e ' 16 PART THREE COMMUNITY GOVERNANCE AID,AMINISTRATION ....................17 Article VI The Association and its Members.......... ; :I ,,°'...............................................17 6.1. Function of Association ................................ .....................................................17 6.2. Membership ..... ;; 6.3. Voting...................................................................... . 1$ .. 6.4. Neighborhoods, Neighborhood Representatives, and V644 G.oups.......................19 Article VII Association Powers and Responsibilities ................. .20 ..................... 7.1. Acceptance and Control of Association Property ............... 20 ... ............ 7.2. Maintenance of Area of Common Responsibility ....................... 21 7.3. Insurance................................................................. .... ....... ...........: .... .....................22 7.4. Compliance and Enforcement........................................................... ......................25 7.5, Implied Rights; Board Authority...............................................................................27 7.6. Indemnification of Officers, Directors and Others . ........................ ..... ",........ ...........27 7.7. Community Activities......................................................... ....... -***....... *. ............ 1.-18 7.8. Powers of the Association Relating to Neighborhoods.............................................28 7.9. Provision of Services.................................................................................................29 m OR: 2638 PG: 0964 7.10. Cooperation with Community Development District(s)............................................29 7.11. Relationships With Other Properties.........................................................................29 7.12. Relations with Other Entities.....................................................................................29 ArticleVlll Association Finances........................................................................................30 8.1. Budgeting and Allocating Common Expenses..........................................................30 8.2. Budgeting and Allocating Neighborhood Expenses..................................................31 8.3. Budgting for Reserves..............................................................................................32 8.4. _9ectVcAssessments ssessments ....................... 37 8.5. Spec; ................................................................................................32 8.6. Authot�y to`Assess Owners; Time of Payment........................................................33 8.7. Obligatio or'Assessments.......................................................................................33 8.8. Lien for Asse"i6ents...................... .....................................................................34 8.9. Exempt Property........................................................................................................35 8.10. Capitalization of Association.....................................................................................35 8.11. Transfer Fees..........................I.................................................................36 . ........... PART FOUR COMMUNITY DE-VLOPMENT....................................................................37 t Article IX Expansion of the-COmmunity...........................................................................38 9.1. Expansion by the Declarant L2,,............................................................................38 9.2. Expansion by the Associatibn............................................................................38 9.3. Additional Covenants and Ees7e�"cclara'tt.tl' txi..................................39 9.4. Effect of Filing Supplemental on .................................. .............................39 ecl`ant...........................................................39 Article X Additional Rights Reserved C 10.1. Withdrawal of Property ........... ....... .....................................................3 10.2. Marketing and Sales Activities.......... ., :..:..........................................................39 10.3. Right to Develop................................:,...,.,...................... ............. ......... ......... 40 10.4. Right to Approve Additional Covenants ..:... .:.................................................40 10.5. Right to Approve Changes in Community Stimd s..............................................40 10.6. Right to Transfer or Assign Declarant Rights :.:.. 40 ............................. 10.7. Exclusive Rights to Use Name of Development.............................................40 10.8. Changes in Surface Water Management System..... .......................................41 10.9. Right to Transfer Developmental Density 10.10. Easement To Inspect and Right To Correct ................... ..,,............................. 41 10.11. Termination of Rights .................................................... ......................42 PART FIVE PROPERTY RIGHTS WITHIN THE COMMUNITY . '" ...................42 ArticleXI Easements.............................................................................. F._ .,,,...............42 11.1. Easements in Common Area........................................................... ........................42 11.2. Easements of Encroachment......................................................................................43 11.3. Easements for Utilities, Etc........................................................................................43 11.4. Easements to Serve Additional Property..................................................................44 11.5. Easements for Maintenance, Emergency and Enforcement......................................45 11.6. Easements for Lake and Pond Maintenance and Flood Water..................................45 11.7. Easements for Golf Course........................................................................................46 11 CR: 4638 Pu: 4965 11.8. Easement for Community Development Districts.....................................................46 Article XIl Environmental Areas and issues.....................................................................46 12.1. Assignment of Responsibilities.................................................................................46 12.2. Surface Water Management System..........................................................................47 12.3. Conservation Areas....................................................................................................48 12.4. Open Space and Buffers.............................................................................................48 12.5. Effluent Disposal and Water Supply..........................................................................49 12.6. E it nmental Permits and Reporting.......................................................................49 12.7. isast Management................................................................................................49 Article XIII E�cclus e Common Areas; Party Walls and Other Shared Structures ......50 13.1. Designation aid Vse of Exclusive Common Area.....................................................50 13.2. Rules Re ding Party Structures ............................................................................50 PART SIX RELATIONSHIPSWITH IN AND OUTSIDE THE COMMUNITV................51 Article XIV Dispute Resoution and Limitation on Litigation..........................................51 14.1. Consensus for Associon.Litigation ........................................................................51 14.2. Alternative Method for-Rdstoiving Disputes..............................................................51 14.3. Claims. " 14.4. Mandatory Procedures.............................................................................52 14.5. Allocation of Costs of ResoI ing-.,Qunls ....................................... ......... .......... 54 14.6. Enforcement of Resolution..,.;..: 5.1 14.7. Notice of Construction Defect ctiQ...................................... .... 4 14.8. Retention of Expert For Litigatin urpes.............................................................54 Article XV Private Amenities .................... ........... ....�:,.......................................................54 15.1. General ....................................... I ........... .54 15.2. Conveyance of Private Amenities.........................................................55 15.3. View Impairment. 55 ............................................ 15.4. Rights of Access and Parking ............. 55 15.5. Architectural Control...............................................................................56 15.6. Limitations on Amendments..... '.,....................................56 15.7. Jurisdiction and Cooperation. 56 15.8. Assumption of Risk and Indemnification. 56 v ........ Article XVI Mortgagee Provisions ..................................... 16.1. Notices of Action................................................................... ...................57 16.2. No Priority.................................................................................... .... ..................57 16.3. Notice to Association. - `...............57 .................................................................... ..... 16.4. Failure of Mortgagee to Respond.............................................................................. 58 16.5. Construction of Article XV1......................................................................................58 PART SEVEN CHANGES IN THE COMMUNITV..............................................................58 Article XVII Changes in Ownership of Units.....................................................................58 Article XVIII Changes in Common Area............................................................................58 ►v OR; 2638 PUG: 0966 18.1. Condemnation............................................................................................................58 18.2. Partition......................................................................................................................59 18.3. Transfer or Dedication of Common Area.................................................................59 Article XIX Amendment of Declaration..............................................................................59 19.1. By Declarant . ....................................... .................................. ............................... ..... 59 19.2. By Members...............................................................................................................60 19.3. Validity and Effective Date........................................................................................60 19.4. k l iKts....................................................................................................................60 : - .Y TABLE OF EXHIBITS Page First Exhibit Subject Matter Mentioned A Laid Initially Submitted I B Lancls-iibjjoct to Annexation 4 C Initial Use Ttestrictions 8 D By -Laws© editerra Community Association, Inc. 4 u OR: IL638 PG: 0967 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MEDITERRA T1i1S ,D 'CARATION OF COVENANTS, CONDITIONS, Lon AND Ba RESTRICTIONS LC, a ("Declaration' s e this day of y g y Florida limited liAli -company ("Declarant"). ` PART ONE: INTR � .CTJON TO THE COMMUNITY Long Buy Partners LLC, as the Declarant of Mediterra, has established this Declaration to provide a governance strutltcr and a flexible s.vstenr of -standards and procedures for the overall development, adminWrc ion, maintenance and preservation of Afediterru us a muster planned conrmunitY. Article I Creation of the Com ity, I.I. Pu ose and Intent. ` The Declarant, as the owner of the rl-Oroperty described on Exhibit "A," intends by the recording of this Declaration to create a general," of development for the planned community known as Mediterra. Mediterra will be devel , phases. The initial phases of Mediterra will on be located within Collier County, Florida. Subsuertt,phases of Mediterra may be develop real property located within Lee County, Florida': ,`his Declaration provides a flexible and reasonable procedure for the future expansion of Medit �to include additional real property, as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now,and hereafter comprising Mediterra. An integral part of the development plan is the creation of Mcd terr` Community Association, lnc., an association comprised of all owners of real property in_ diterra, to own, operate and/or maintain various common areas and community improvements to administer and enforce this Declaration and the other Governing Documents referred to irv; this Declaration. it is the intent of Declarant that all phases of Mediterra shall be subject --to thi' =declaration, the other Governing Documents, and the Mediterra Community Association, 7� This document does not and is not intended to create a condominium Othin the meaning of The Florida Condominium Act, Florida Statutes Section 718.101, et seq. 1.2. Binding Effect. All property described on Exhibit "A," and any additional property which is made a part of Mediterra in the future by the filing of one or more Supplemental Declarations in the Public Records, shall be owned, conveyed and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all o: 263s PG. Vbs Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors -in -title, and assigns. This Declaration shall be entbrceable by the Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, for a term of 25 years from the date this Declaration is recorded in the Public Records. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by note, Its than 75% of the then Owners of Units (and not Neighborhood RepresentativM ,hasp been recorded in the Public Records within the year preceding any extension, agreit to� amend, in whole or in part, or terminate this Declaration, in which case this Declaration mall ` be amended or terminated as specified in such instrument. Notwithstanding this, nyx, provision of this Declaration would be unlawful, void, or voidable: by reason of applicabilit eo he rule against perpetuities, such provision shall expire 90 years after the date this Declaration is recorded in the Public Records. Nothing in this Section shall he construed to permit termination o any easement created in this Declaration without the consent of the holder of such easements 1.3. Governing Documrsn : A The Governing Document s`cieate a , eneral plan of development for, and operation of, Mediterra which may be supplement d additional covenants, restrictions and easements applicable to particular Neighborhoods�vi h n Mediterra. In the event of a conflict between or among the Governing Documents and any .ati provisions of any other articles of inco orate Neighborhood, the Governing Documents sh any Supplemental Declaration or other recorde, Properties from containing additional restrictions, z, are more restrictive than the provisions of this Dec be required to, enforce any such covenants, restric Neighborhood. itional covenants or restrictions, and/or the by-laws, rules or policies governing any il. Nothing in this Section shall preclude iveriants applicable to any portion of the s, modifications, or provisions which ra n/ °The Association may, but shall not ror 'oilier instruments applicable to any All provisions of the Governing Documents shall-. ply to all Owners and to all occupants of their Units, as well as their respective tenants, guests d invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased U k,'sh ll be bound by the terms of the Governing Documents. =Y If any provision of this Declaration is determined by judge icy o c, urt order to be invalid, or invalid as applied in a particular instance, such detetminatiort ,5h t not affect the validity of other provisions or applications. Article II Concepts and Definitions The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below. 1) OR: 2638 PG; 0969 2.1. "Area of Common Responsibility": The Common Area, together with such other areas, if any, for which the Association has or assumes responsibility pursuant to the terms of this Declaration, any Supplemental Declaration, any Covenant to Share Costs, or other applicable covenants, contracts, or agreements. 2.2. "Articles of Incorporation": The Articles of Incorporation of Mediterra Community Association, Inc., as filed with the Secretary of State of the State of Florida. 2.3. "As!�)ciation": The Mediterra Community Association, Inc., a Florida not -for - profit corporation, its'�suec ssors or assigns. 2.4. "Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Comrnon' Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. Board of Directors or l§oard : The body responsible for administration of the Association, selected as provided in they Laws and generally serving the same role as the board of directors under Florida corporate Iir ' f 2.6. "Builder": Any Person who/put ads one or more Units for the purpose of constructing improvements for later sale to co` ume ; qr who purchases one or more parcels of land within the Properties for further subdivisic ;, develppment, and/or resale in the ordinary course of such Person's business, provided that`ie elarant shall designate the status of "Builder" and assign the rights of such Builder in writt%ettftstrument. 2.7. "By -Laws": The By -Laws of the Med t a ommunity Association, Inc. attached hereto as Exhibit "D" and incorporated herein by'r nce, as they may be amended from time to time. 2.8. "Common Area": All real and personal property, including"easements, which the Association owns, leases or otherwise holds possessory or use rights'ix: fo he common use and enjoyment of the Owners. The term Common Area may include as a pa"Common Area the Conservation Areas and Surface Water Management System if such aa frarsferred to the Association. The term shall include the Exclusive Common Area, as defined belw 2.9. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents, including obligations arising under a Covenant to Share Costs. 2.10. ' ortimunity Develunment Districttsl": one or more special service, utility, and taxing district(s) created as a special purpose unit of local government with jurisdiction within, 3 OR: 2638 PG: 0910 adjacent to, and in the vicinity of the Properties established in accordance with Chapter 190, Florida Statutes, 1980, which is/are vested with certain governmental powers and responsibilities within or adjacent to the Properties. In the event that more than one such district is created, the districts may share certain responsibilities within their jurisdiction. 2.11. "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally, prevailing throughout the Properties. Such standard shall be established initially by the Declarant and may be more specifically defined in the Design Review Guidelines, the Use Restri 'o"d Rules and Regulations adopted by Board resolutions. 2.12. "Cdnervat"on Areas": The real property and any improvements which are now or are hereinafter made aft, of the Properties and designated as Conservation Areas on the recorded plats or other instrdr%)ents recorded in the Public Records for Mediterra. 2.13. "Covenant to Shards Costs": A Declaration of Easements and Covenant to Share Costs, filed in the Publie°�Recrds, which creates certain easements for the benefit of the Association and the present and suture owners of the subject property. It obligates the Association and such owners teshar`e the costs of maintaining property described in the Covenant to Share Costs. 2.14. "Declarant": Long Bay`Pa4ners, LLC, a Florida limited liability company, or any successor or assign who takes title to`ahy pbirtign of the property described on Exhibits "A" or "B" for the purpose of development an /or� sale nand who is designated as the Declarant in a recorded instrument executed by the immelatef :preceding Declarant. The Declarant shall be the "developer" of Mediterra as defined in Chapter,6(17.301, et sec ., Florida Statutes (1997). 2.15. "Design Review Guidelines": he architectural, design and construction guidelines and review procedures adopted pursuant to.ArWe IV, as they may be amended. 2.16. "Environmental Permits": Those permits 4e O'ments and other forms of approval granted by local, state or federal governmental entities firfivities on or benefiting Mediterra (and/or others who may or may not be Members), and ide" as such by the Declarant, and which may include, but shall not be limited to the following: (a) permits issued by the State of Florida, Department offrt°vironmental Protection, (b) permits issued by the U.S. Army Corps of Engineers, Yt (c) plans approved by the Florida Fish and Wildlife Comrxtissi ; and d) permits issued by the South Florida Water Management isttct: 2.17. "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all, Neighborhoods, as more particularly described in"Se"ction 13.1. 2.18. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the By -Laws, the Articles, the Design Review Guidelines, the Use Restrictions, any Covenant to Share Costs, and the Rules and Regulations, as they may be amended. KI OR: 2638 PG: 0971 2.19. "Master Plan": The land use plan for the development of Mediterra prepared by Wilson Miller, Inc., and approved by Lee County and Collier County, Florida, as it may be amended, which includes, but is not limited to, all of the property described on Exhibit "A" and all or a portion of the property described on Exhibit "B." Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall the omission of property described on Exhibit "B" from the Master Plan bar its later submission to this Declaration as provided in Article IX. 2.20 d rra": The master planned community known as Mediterra as shown on the Master Planapproved by Lee County and Collier County, Florida, as it may be amended from time to time:; = i 2.21. "Member".Ft.A Person subject to membership in the Association pursuant to Section 6.2. 2.22. "Moage'S Aim rtgage, a deed of trust, a deed to secure debt, or any other form of security instrument affect title title..to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. ` 2.23. "Neighborhood": A<-gp purposes of sharing Exclusive Comnfi other benefits or services from the As Properties, and/or for the purpose of Section 6.4. A Neighborhood may be c noncontiguous parcels of property. f Units designated as a separate Neighborhood for co, Neighborhood Common Area and/or receiving oft, which are not provided to all Units within the J f Neighborhood Representatives as provided in ispd4t snore than one housing type and may include Where the context permits or requires,"th te, Neighborhood shall also refer to the Neighborhood Committee (established in accordance -,With the By-laws) or Neighborhood Association, if any, having concurrent jurisdiction er the property within the Neighborhood. Neighborhood boundaries may be established and modl,ffe l as provided in Section 6.4. 2.24. "Neighborhood Assessments": Assessmt nts l vied against the Units in a particular Neighborhood or Neighborhoods to fund Neigh rhood .Expenses, as described in Section 8.2. 2.25. "Neighborhood Association": A condominium aFciaton or homeowners association having concurrent jurisdiction with the Association over ar y,-NOgllborhood. 2.26. "Neighborhood Common Area": All real and persdeal,-gr6pFrty, including easements, owned, leased or otherwise possessed by a Neighborhood Association for the common use and enjoyment of the Owners within such Neighborhood. Neighb od Common Area may include Conservation Areas or components of the Surface Water Management System if assigned by the Declarant as provided herein. 2.27. "Neighborhood Expenses": The actual and estimated expenses which the Association incurs or expects to incur for the benefit of Owners of Units within a particular Neighborhood or Neighborhoods, if any, which may include a reasonable reserve for capital repairs and replacements and a reasonable administrative charge, as may specifically be 5 OR; 2038 PV; 097L authorized pursuant to this Declaration or in the Supplemental Declaration(s) applicable to such Neighborhood(s). 2.28. "Neighborhood -Representative": The representative selected by the Class "A" Members within each Neighborhood pursuant to Section 6.4(b) to cast the Class "A" votes attributable to their Units on all matters requiring a vote of the membership (except as otherwise specifically provided in the Governing Documents). Where the context permits or requires, the term "Neighborhood Representative" shall also refer to alternate Neighborhood Representatives acting in the' he 4 epce�of the Neighborhood Representative and any Owners authorized personally to cast the voie;r their respective Units pursuant to Section 6.4(b) or elsewhere in the Governing Documents. 2.29. "Owner": 't,0ile or more Persons who hold the record title to any Unit, but excluding in all cases `ar y party holding an interest merely as security for the performance of an obligation. if a Unit is sold unr a recorded contract of sale, and the contract specifically so provides, the purchaser (rather t an the fee owner) will be considered the Owner. 2.30. "Person": A atuT person, a corporation, a partnership, a trustee, or any other legal entity. e 2.31. "Private Amenities cri ainjeal property and any improvements and facilities thereon located within, or adjacent to,`or in fine ,vicinity of Mediterra, which are privately owned and operated by Persons other than the2ayAn Qiativn for recreational and related purposes, on a club membership basis or otherwise, and , de, without limitation, a golfcourse and all related and supporting facilities and improve tits; `' nnis facilities, swim facilities, beach area, fitness facilities, and an enrichment center. Ple,,Private Amenities are not a portion of the Association's Common Area. 2.32. "Properties" or 'J rMert ': The real` pf`opc tv�'described on Exhibit "A," together with such additional property as is subjected to this Dec tAraan ;n accordance with Article IX. 2.33. "Public Records": The place designated " as th ` official location for recording deeds, plats and similar documents affecting title to the Property including but not limited to the Official Records of Lee County and Collier County, Florida. 2.34. "Rules and Regulations": Board -adopted Rules arid-,"p,"ejul ions which establish administrative procedures for internal Association governance and operat' g procedures for use of the Common Area and property included within the Area of Commot�s, o sibility. 2.35. "Special Assessment": Assessments levied in accordance with Section 8.4. 2.36. "Specific Assessment": Assessments levied in accordance with Section 8.5. 2.37. "implemental Declaration": An instrument tiled in the Public Records pursuant to Article IX which subjects additional property to this Declaration, designates Neighborhoods, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. The term shall also refer to an instrument filed by the Declarant pursuant to Section 6.4(c) which designates Voting Groups. 6 OR: 2638 PG. 0913 2.38. "Surface Water Management System,": Any portion of real property, improvement, work or feature such as swales, ditches, canals, impoundments, berms, ponds, lakes, retention/detention areas, conservation areas, culverts and pumps required or described in any permits issued by South Florida Water Management District and any other applicable governmental agency for the management and storage of surface waters, drainage and flood protection for Mediterra and adjacent areas and identified as an element or component of the Surface Water Management System by the Declarant at the time such is conveyed or transferred to the Association. The Surface Water Management System may be divided into one or more categories, i tcf ud without limitation the tollowing: (a) They"Prmary Surface Water Management System" will generally include those features of the Surf�VVAer Management System which benefit the Properties as a whole rather than any single Unit or 'eighborhood, as determined by the Declarant and may be added to or deleted from by the 6 clarant at any time prior to the tcnnination of the Class "B" Membership, andm (b) The "Secondafy Surface Water Management System" will generally include that portion of the Surface Water I1aiiament System not designated by Declarant as Primary Surface Water Management Syster<i and may benefit a portion of the Properties, a Unit or Neighborhood, as determined by thy; bee arant and may be added to or deleted from by the Declarant at any time prior to the termination -of the Class "B" Membership. 2.39. "Unit": A portion of the Pn be independently owned and is intended detached residence for a single family. Tl the Unit as well as any improvements thei or other structure containing multiple dwe Unit. , whether improved or unimproved, which may Ippment, use, and occupancy as an attached or s tAll refer to the land, if any, which is part of i th'6vcase of a building within a condominium act-4welling shall be deemed to be a separate In the case of a parcel of vacant land or' Iand, o construction, the parcel shall be deemed to be a single 1 it" t or condominium plat is filed of record on all or a portion..QJ encompassed by such plat shall contain the number of Ur preceding paragraph and any portion not encompassed by suc accordance with this paragraph. which improvements are under 11 such time as a subdivision plat e parcel. Thereafter, the portion aete�7ined as set forth in the t s' hall continue to be treated in 2.40. "Use Restrictions": The initial Use Restrictions set,,f. 'on',Fxhibit "C," as they may be supplemented, modified and repealed pursuant to Article 111. , 2.41. "Voting Group": One or more Neighborhood Representativeswho vote on a common slate for election of directors to the Board, as more parti6larly described in Section 6.4(c) or, if the context so indicates, the group of Members whose Units are represented thereby. 7 OR: 2638 PG: 0974 PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS The stundurcls for use and conduct, architecture, and maintenance and repair within Mediterra are what give the conntunitY its identity and make it a place that people want to cull "home. " Yet those standards must he more than a static recitation of "thou shalt not's. " This Declaration establishes procedures for enacting L'se Restrictions as a dvnamic process which allows the cont►nunitY standards to evolve as the comununiti, changes anal groit's antl as technoloxY anti public perception change. Article Ill Use-nd,Conduct 3.1. Framewofk for R Declarant has established a general plan of development for the Properties as a planned community in order to enhancer all Owners' quality of life and collective interests and the aesthetics and environment -wit ,in Mediterra and the surrounding communities. To accomplish this objective, the Properties :a subject to the Design Review Guidelines enacted in accordance with Article IV, other Rules and R taJions adopted by the Board, and individual restrictions on conduct and use of or actions up ,the Properties promulgated pursuant to this Article which establish affirmative and negativCt6vexfants, easements, and restrictions on Properties. With respect to the Use Restrictions proniulgaW �ptirsuant to this Article, the Board and the Members shall have the ability, in the manner s fortlf bciow, to respond to changes in circumstances and needs within Mediterra.�y�rs. All provisions of the Governing Docurfient on the Properties. The lessee and all occupants feft Governing Documents and supplements, whether be responsible for inserting a provision in any lease Unit of all applicable Use Restrictions and Rules Common Area. 3.2. Authority to Enact Use Restrictions. supplements shall apply to all Persons Jnits shall be bound by the terms of the lease so provides. All Owners shall ning the lessee and all occupants of the �gujations affecting the Unit and the (a) Subject to the terms of this Article and the Board's, duty to exercise business judgment and reasonableness on behalf of the Association and _it ,,embers, the Board may modify, cancel, limit, create exceptions to, or expand the Use Restrictns:I he Board shall send notice by mail to all Owners or broadcast or publish via a medium Lead' " available throughout the Properties concerning any such proposed action at least five business 'ia� s rior to the Board meeting at which such action is to be considered. Neighborhood Represertt'ws shall have a reasonable opportunity to be heard at a Board meeting prior to such action bein�_ta�n. Such action shall become effective, after compliance with subsection (c) below, unless disapproved at a meeting by Neighborhood Representatives representing more than SO% of the total Class "A" votes in the Association and by the Class "B" Member, if any. The Board shall have no obligation to call a meeting of the Neighborhood Representatives to consider disapproval except upon receipt of a petition of the Neighborhood Representatives as required for special meetings in the By -Laws. Upon such petition of the Neighborhood Representatives prior OR: 2638 PG: 0975 to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. (b) Alternatively, the Neighborhood Representatives, at an Association meeting duly called for such purpose, may adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions by a vote of Neighborhood Representatives representing morethan 50% of the total Class "A" votes in the Association and the approval of the Class "B" I n if any. (c) At le;,:�ast 4 30 days prior to the effective date of any action taken under subsections (a) oe (b tJh s Section, the Board shall publish, broadcast, or send a copy of the new Use Restriction or j'. e'xclanation of any changes to the Use Restrictions to each Owner, specifying the efTectl date. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to' anyequesting Member or Mortgagee. (d) Nothing in this Article shall authorize the Board or the Neighborhood Representatives to modify, repea or expand the Design Review Guidelines. In the event of a conflict between the Design Rey.tew� tuidelines and the Use Restrictions, the Design Review Guidelines shall control. (e) Procedures required 6 enforcement of Rules and Regulations un such procedures. Examples of such Rule: administrative procedures, traffic regulati Board shall exercise business judgment in Rules and Regulations. Section shall not apply to enactment and Board chooses in its discretion to submit to c94lations shall include, but not be limited to, `harking rules on the Common Area. The tctrnorit, amendment, and enforcement of such (1) Nothing in this Article shall limit the D�larat t:s ability to unilaterally amend this Declaration and the Use Restrictions during the Class " "; Membership as provided in Section 19.1. Amendments made under Section 19.1 shall be effective when recorded. 3.3. All Owners are given notice that use of their Units and°thy Common Area is limited by the Use Restrictions as they may be amended, expanded and oih rwrs� modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that ue`and enjoyment and marketability of his or her Unit can be affected by this provision and that tt .Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions nlay:be;-obtairied from the Association. 3.4. Protection of Owners and Others. No Use Restriction shall be adopted in violation of the following provisions, except as may be specifically set forth in this Declaration (either initially or by amendment) or in the initial Use Restrictions set forth on Exhibit "C": 9 OR: 2638 PG: 0976 (a) Equal Treatment. Similarly situated Owners shall be treated similarly, provided, the Use Restrictions may vary by Neighborhood. (b) Displays. The rights of Owners to display inside structures on their Units religious and holiday symbols, and decorations of the kinds normally displayed in dwellings located in residential neighborhoods shall not be abridged, except that the Association may adopt time, place, and manner restrictions with respect to displays visible from outside the dwelling. (c) jjo `e� hold Composition. No Use Restriction shall interfere with the freedom of Owners to determintheomposition of their households, except that the Association shall have the power to require..th all occupants be members of a single housekeeping unit and to limit the total number of occupants .or pitted in each unit on the basis of the size and facilities of the Unit and its fair use of the Common Area. (d) Activities Wiihinwellittxs. No Use Restriction shall interfere with the activities carried on within the confines of dwell'ings, except that the Association may prohibit activities not normally associated with propy�reistricted to residential use, and it may restrict or prohibit any activities that create monetary costs drIthe Association or other Owners, that create a danger to the health or safety of occupants oti6i6r Units, that generate excessive noise or traffic, that create unsightly conditions visible outside'`th °dwelling, or that create an unreasonable source of annoyance. f: (e) Alienation. No Use Restrict n aF-prohibit leasing or transfer of any Unit, or require consent of the Association or Boar d'irtg or transfer of any Unit; provided, the Association or the Board may require a of up to iU days and may limit the number of leases an Owner may enter into with"tn a-12 onth period. The Association may require that Owners use lease forms approved by the'soctation and may impose administrative fees, transfer fees, and reserve assessments on the lease d' t nsfer of any Unit in such amount as may be reasonably determined by the Board and which° m#ybe graduated in rates based on length of the lease, type of occupancy, or other factors. dee ed appropriate by the Board. Additionally, the Association may require the prior payment, of a lease deposit to ensure compliance with the Association's Use Restrictions and to consti ute; fquidated damages in the event of non-compliance or damage to the Common Area. Any Own r which leases his or her ttt0 Unit shall be presumed to have delegated his or her easements and to use the Common Area to his or her tenant or occupant, and such Owner's easements ;'and, ghts to use shall be suspended during the term of the lease. The use rights and privileges del ga ed to a guest or tenant may be limited to a greater extent than the use rights and pnvit�e of an Owner occupying his or her Unit. Such limitations may be enacted by the sole discreti rr cif the Board and may include, without limitation, imposing additional or higher fees and p"iods of use being reserved or restricted. (f) Abridging Existing Rights. If any Use Restriction would otherwise require Owners to dispose of personal property which they maintained in or on the Unit prior to the effective date of such Use Restriction, or to vacate a Unit in which they resided prior to the effective date of such Use Restriction, and such property was maintained or such occupancy was to OR: 2638 PG: 09117 in compliance with this Declaration and all Use Restrictions previously in force, such Use Restriction shall not apply to any such Owners without their written consent. (g) Reasonable Rights to Develop. No Use Restriction or action by the Association or Board shall unreasonably impede the Declarant's right to develop the Properties. (h) Interference With Private Amenities. No rule or action by the Association shall interfere with the usor operation of any Private Amenity. The limitatrontti,subsec[ions (a) through (g) of this Section 3.4 shall only limit the promulgation of Use Rest ctions under Section 3.2, they shall not apply to amendments to this Declaration adoptedia-a"coraance with Article XIX. Article IV 4.1. General. No structure or thing shall. byep a improvements or other work (including work, exterior alterations of existing tt.p take place within the Properties, except° i Guidelines. No signage shall be placed Properties except for signage installed by approved in writing by the Reviewer, as c re and landscaping erected, installed or posted on the Properties and no aking, cleating, excavation, grading and other site cments, or planting or removal of landscaping) shall otnpliance with this Article and the Design Review recteO, installed, or displayed on any portion of the eclarant or a Builder unless such signage has been ii4n`,Section 4.2 below. No approval shall be required to repaint f -'exterior of a structure in accordance with the originally approved color scheme or to rebuild in `coiaine with originally approved plans and specifications. Any Owner may remodel, paint or T corate the interior of his or her Unit without approval. However, modifications to the interior of �cteened porches, patios, and similar portions of a Unit visible from outside the structure shall iuect to approval. All dwellings constructed on any portion of the Propee shall be designed by and built in accordance with the plans and specifications of a Florida liven d cI itect unless otherwise approved by the Declarant or its designee in its sole discretion. This Article shall not apply to the activities of the Declara"t no to activities of the Association during the Class "B" membership.` 4.2. Architectural Review. (a) By Declarant. Until 100% of the property described on Exhif "A" and "B" has been developed and conveyed to Owners other than Builders, the Declarant shall have the exclusive right to exercise design review under this Article. The rights reserved to Declarant under this Article shall continue so long as Declarant owns any portion of the Properties or any real property adjacent to the Properties, unless earlier terminated in a written instrument executed by Declarant and recorded in the Public Records. OR: 2638 PG: 0978 'The Declarant may, in its sole discretion, designate one or more Persons from time to time to act on its behalf in reviewing applications hereunder Each Owner and Builder, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that, as the developer of the Properties and as an Owner of portions of the Properties as well as other real estate within the vicinity of the Properties, Declarant has a substantial interest in ensuring that the improvements within the Properties preserve)iits reputation and do not impair the Declarant's ability to market its property. Therefore, each`060Ter,and Builder covenants and agrees that no activity within the scope of this Article ("Work"aWbb4commenced on such Owner's Unit unless and until the Declarant or its designee has given its pror written approval for such Work, which approval may be granted or withheld in the D&Iarafitls or its designee's sole discretion. In reviewing and acting upon any request for approval, Dear and its designee shall owe no duty to any other Person. The Declarant may frtatnime to time, but shall not be obligated to, delegate all or a portion of its reserved rights under this Article to (1) an design review committee appointed by the Association's Board of Dikctors (the "DRC"), ur (ii) a committee comprised of architects, engineers or other persons who y at may not be Members of the Association. Any such delegation shall be in writing, spec ffy ni`` he scope of responsibilities delegated, and shall be subject to (i) the right of Declarant-, jurisdiction over the matters previous decision which Declarant determines, i any reason. So long as the Declarant foregoing entities shall be limited to Declarant. ke such delegation at any time and reassume ated; and (ii) the right of Declarant to veto any discretion, to be inappropriate or inadvisable for Gihts under this Article, the jurisdiction of the eras are specifically delegated to it by the (b) Design Review Committee. Upon delegafn by Declarant or upon expiration or termination of the Declarant's rights under this Artie-! 6.,, ssociation, acting through the DRC, shall assume jurisdiction over architectural matters here n4- The DRC, when appointed, shall consist of at least three, but not more than seven, persons wli ,shall serve and may be removed and replaced in the Board's discretion. The members of theme D need not be Members of the Association or representatives of Members, and may, but ne. not, include architects, engineers or similar professionals, whose compensation, if any, shall be eslished from time to time by the Board. �.., Unless and until such time as Declarant delegates all or a portion y"its reserved rights to the DRC or the Declarant's rights under this Article terminate, the"' oclat Oon shall have no jurisdiction over architectural matters.b.x. (c) Fees, Assistance. For purposes of this Article, the entity ha><JYtg-!urisdiction in a particular case shall be referred to as the "Reviewer." The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals. The Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform 12 OR: 2638 PG: 0979 the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Design Review Guidelines. The Declarant has prepared the initial Design Review Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which may vary from Neighborhood to Neighborhood. The Design Review Guidelines are t d to provide guidance to Owners and Builders regarding matters of particular concern the., Reviewer in considering applications hereunder. The Design Review -;. Guidelines are not the e ` lusive basis for decisions of the Reviewer and compliance with the Design Review Guijeli s.dpes not guarantee approval of any application. The Declarant shall have sole and full authority to amend the Design Review Guidelines as long as it owns any portion of t c Properties or has a right to expand the Properties pursuant to Section 9.1, notwithstanding 'aJdelegation of reviewing authority to the DRC, unless the Declarant also delegates the p, er to, amend to the DRC. Upon termination or delegation of the Declarant's right to amend, the ' shall have the authority to amend the Design Review Guidelines with the consent of the Bc,aid, Any amendments to the Design Review Guidelines shall be prospective only and shall not apply, to require modifications to or removal of structures previously approved once the approved- instruction or modification has commenced. There shall be no limitation on the scope of do r dmVnts to the Design Review Guidelines, and such amendments may remove requirements pVi"ohsly imposed or otherwise make the Design Review Guidelines less restrictive. The Reviewer shall make the Design,,,�v�ew Guidelines available to Owners and Builders who seek to engage in development or c 15 r coon within the Properties. In the Declarant's discretion, such Design Review Guidelines, ay be recorded in the Public Records, in which event the recorded version, as it may be a deed 'roi time to time, shall control in the event of any dispute as to which version of the Design R, Guidelines was in effect at any particular time. (b) Procedures. Prior to commencing any Work within, the scope of this Article, an Owner shall submit to the appropriate Reviewer an applicatioforapproval of the proposed Work in such form as the Design Review Guidelines or the-R�vie*er may specify. Such application shall include plans and specifications ("Plans") showing, layout, structural design, exterior elevations, exterior materials and colors, landscaping, ` ae, exterior lighting. irrigation, and other features of proposed construction, as applicablre - Th. Design Review Guidelines and the Reviewer may require the submission of such additiona`t►nt rniation as may be reasonably necessary to consider any application. F In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. 13 OR: 2638 PG, 0980 The Reviewer shall, within 15 days after receipt of a completed application and all required information, respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the even that the Reviewer fails to respond within 15 days, approval shall be deemed to have been`yaeh, bject to the Declarant's right to veto approval by the DRC pursuant to this Section. Howev no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall` i �bencot`sistent with the Design Review Guidelines unless a variance has been granted pursuant to LSeeWr 4.5. Notice shall be deemed to have been given at the time the envelope containing the r, p tse is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant, If construction does n6t commence on a project for which Plans have been approved within one year after the date of.arov'al, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reappt§ for approval before commencing the proposed Work. Once construction is commenced, it shgalf be liligently pursued to completion. All Work shall be completed within 18 months of comimet ce rient unless otherwise specified in the notice of approval or unless the Reviewer grants a zrenon in writing, which it shall not be obligated to do. If approved Work is not completed Within the required time, it shall be considered nonconforming and shall be subject to enforc�'action by the Association, the Declarant or any aggrieved Owner. , The Reviewer may, by resolution, exempt c6rta ' activities from the application and approval requirements of this Article, provided`.°eh activities are undertaken in strict compliance with the requirements of such resolution. 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applations under this Article will change from time to time and that opinions on aesthetic matters; as' Well as interpretation and application of the Design Review Guidelines, may vary accordin �.,In 'addition, each Owner acknowledges that it may not always be possible to identify objectionableffeatures of proposed Work until the Work is completed, in which case it may be unreason;tt torr , uire changes to the improvements involved, but the reviewer may refuse to approve siinit"roposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waivtC 6fthe right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic 14 OR: 2838 PG, 0981 or environmental considerations require, but only in accordance with duly adopted Rules and Regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any pennit, or the terns ofany financing shall not be considered a hardship warranting a variance. 4.6. Limitation of Liahili The standar ano procedures established by this Article are intended as a mechanism for maintaining and enitancn'' the overall aesthetics of the Properties but shall not create any duty to any Person. Review anpp,,oval of any application pursuant to this Article is made on the basis of aesthetic considerations"pri y and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes ad other governmental requirements, nor for ensuring that all dwellings are of comparable qua! y, value or size or of similar design. Neither the Declarant, the Association, the Board, any corximtttee, nor member of any of the foregoing shall be held liable for soil conditions, drainage or other general site work, nor for any defects in plans revised or approved hereunder, nor for any injury, Aamages, nor loss arising out of the manner or quality of approved construction on or modific ttigiik;toany Unit. In all matters, the DRC and all persons comprising the DRC shall be defended aid indemnified by the Association as provided in Section 7.6. 4.7. Certificate of Compliance. Any Owner may request that the ReviewcT4ssi certifying that on such Owner's Unit there are no kdo, Review Guidelines. The Association shall either grans receipt of a written request and may charge a reaso certificates. Issuance of such a certificate shall estop action with respect to any condition as to which the A; certificate. Article V Maintenance and Repair 5.1. Maintenance of Units. ertificate of architectural compliance; glations of this Article or the Design -ny such request within 30 days after administrative fee for issuing such kstation from taking enforcement tion, sad notice as of the date of such Each Owner shall maintain his or her Unit and all landscaping artd improvements comprising the Unit in a manner consistent with the Governing Documents, the Community - Wide Standard, and all applicable covenants unless such maintenance responsibility- otherwise assumed by or assigned to the Association or a Neighborhood Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. Each Owner shall also be responsible for maintaining and irrigating the landscaping on the Common Area adjacent to the Unit to the edge of any (a) pavement of the adjacent paved roadway, (b) water's edge, or (c) Conservation Area; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. 15 OR: 2638 PG. 0982 Owners are prohibited from trimming, pruning, or removing trees, shrubs or similar vegetation on any portion of the Private Amenities. Any Owner desiring to trim, prune, or alter the vegetation on the Private Amenities shall make a written request to the Association to request appropriate action of the Private Amenity owner, who shall have sole and final decision -making authority on what, if any, vegetation shall be removed or altered. 5.2. Maintenance of Ne ;nnornoon t_ ommon Area. A Neibhc.od Association shall maintain its Neighborhood Common Area and any other property 'fo °whch it has maintenance responsibility in a manner consistent with the Governing Doc�ur ief is; the Community -Wide Standard, and all applicable covenants. Any Neighbo hood Association shall also be responsible for maintaining and irrigating the landscaping on theommon Area adjacent to the Neighborhood Association to the edge of any pavement, water's edge, or onservation Area; provided, there shall be no right to remove trees, shrubs or similar vegeta i n from this area without prior approval pursuant to Article 1V. The Neighborhood Associate shall be responsible for maintaining any portion of the Surface Water Management System loca �rithin such Neighborhood which is designated by the Declarant as a Secondary Surface #tee Management System. Upon resolution of the Board `the i for paying, through Neighborhood Assispt certain portions of the Area of Common Res This may include, without limitation, the entry features, lighting, right-of-way and 1 public roads, private streets within the Neighborhood, regardless of ownership and performed by the Association; provided, situated shall be treated the same. viers within each Neighborhood shall be responsible nts,, the costs of operating, maintaining and insuring whsibility within or adjacent to such Neighborhood. sts t ,maintaining any signage, gales, lanusf.;Upllir ensp�e between the Neighborhood and adjacent Neighborhood, and lakes or ponds within the rega less4f,the fact that such maintenance may be however * f(I Neighborhoods which are similarly The Association may, but shall not be obligated to, 0su a maintenance responsibility for property within any Neighborhood, in addition to that',ignated by any Supplemental Declaration, either by agreement with the Neighborhood or becartent,*ith ip the opinion of the Board, the level and quality of service then being provided is not consi the Community -Wide Standard. All costs of maintenance pursuant to this parag} shall be assessed as a Neighborhood Assessment only against the Units within the Nt -' rhoo4 to which the services are provided. The provision of services in accordance with this`• ion `shall not constitute discrimination within a class. 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary, to maintain the property to a level consistent with the Community -Wide Standard. 16 OR: 2638 PG: 0983 By virtue of taking title to a Unit, each Owner covenants anti agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible, unless the Neighborhood Association in which the Unit is located or the Association carries such insurance (which they may, but are not obligated to, do hereunder). Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising his Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner co,, 'st�nt� ith the original construction or such other plans and specifications as are approved in accord e with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and `ttractive, landscaped condition consistent with the Community -Wide Standard. The Ownc s Itliy any costs which are not covered by insurance proceeds. The requirements of this Section shall apply to any Neighborhood Association responsible for Neighborhood' Common Area in the same manner as it' the Neighborhood Association were an Owner" an v the Neighborhood Comnion Area were a Unit. Additional recorded covenants applicable:.0 any Neighborhood may establish more stringent requirements for insurance and more stringent"; Ltd rds for rebuilding or reconstructing structures on the f Units within such Neighborhood and r `clearing and maintaining the Units in the event the structures are not rebuilt or reconstrueied, °; f PART THREE: COMMUNITY GOVIRNANCE AND ADMINISTRATION The success of ' the community is deljiwdei Owner in its governance and adnunisiratio� 7 Communiti, Association, Inc. as the mechunisnJ. support and participation. White man► po» Association's board of directors, some decisions tire - the owners of property in the community Article VI The Association and its Members 6.1. Function of Association. i the support and participation oj'everi Declaration establishes the Mediterra c�h each owner is cable to provide that ,td , responsibilities are vested in the 'teed.. for the Association's membership - The Association shall be the entity responsible for nianagem Wx maintenance, operation, and control of the Area of Common Responsibility. The Associatiotalsoshall be responsible for enforcement of the Governing Documents, subject to the delegatioa.:df " rtain obligations and enforcement responsibilities to Neighborhood Associations in certain Nci tb rhoods. Where established, Neighborhood Associations shall be primarily responsible �for"�rf b#ement of the Governing Documents and any governing documents of the Neighborhood Assoctin within its jurisdiction. The Association shall perform its functions in accordance Bch the Governing Documents and the laws of the State of Florida. 6.2. Membershi-p. Every Owner shall be a Member of the Association and may also be a member of a Neighborhood Association. There shall be only one membership in the Association per Unit. If 17 OR: 2633 PG: 0984 a Unit is owned by more than one Person, all co -Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the By -Laws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the 6.3. The ASSOC1at on shall have two classes of membership, Class "A" and Class "B." (a) Class "A" Xltss "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Metfibers shall have one equal vote for each Unit in which they hold the interest required for ►nenibershipnder Section 6.2, except that there shall be only one vote per Unit and no vote shall be ex for any property which is exempt from assessment under Section 8.9. All Class "A" votes shall be cast as provided in Section 6.3(c) below. (b) Class "B". The sc "B" membership expires or is ten members of the Board of Direc Class "B" Member, including the right " under this Declaration, the By -Laws and d Declaration, the By -Laws and the Articles. The Class "B" membership shall B" Member shall be the Declarant. until the Class Class "B" Member may appoint a majority of the )ecied in the By -Laws. Additional rights of the Approve, or withhold approval of, actions proposed t ic1e,s, are specified in the relevant sections of this earlier of 0) three months after 90% of the ,X►ni'um number of Units which may be created and developed as part of the Properties under thtrresofOons of the Lee County Board of County Commissioners and the Collier County Board 'o)'f County Commissioners, as amended from time to time, have been conveyed to Class "A" Members. Currently, the maximum number of Units is 950, however, the maximum number of Units rhayincrease if the zoned density for the property described on Exhibits "A" and "B" approved by Lee atdAC liter County increases or if additional property other than the property described on E-:xhibils "A' and "B" is subjected to this Declaration as provided in Article 1X, or ` r r, (ii) when, in its discretion, the Declarant so det`nines a. d declares in a written instrument recorded in the Public Records. Upon termination of the Class "B" membership, the Declarant shl"-Rea Class "A" Member entitled to one Class "A" vote for each Unit which it owns. (c) Exercise of Voting Rights. Except as otherwise specified in this Declaration or the By -Laws, the vote for each Unit owned by a Class "A" Member shall be exercised by the Neighborhood Representative representing the Neighborhood, as provided in Section 6.4(b). The Neighborhood Representative may cast all such votes as it, in its discretion, deems appropriate. 18 OR: 2638 PG: 0985 In any situation where a Member is entitled personally to exercise the vote for his or her Unit, and there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co -Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person attempts to exercise it. 6.4. Neighborhoods. Ncighborhood Representatives. and Votinv_ Grou (a) ei �hborhoods, Every Unit shall he a pan of a Neighborhood. Exhibit "A" to this Declarat'io'n. id -each Supplemental Declaration submitting additional property to this Declaration shalfi irtially assign the property submitted thereby to a specific Neighborhood (by name or other identify' g`=designation), which Neighborhood may be then existing or newly created. So long as rt has JI e�riglit to subject additional property to this Declaration pursuant to Section 9.1, the Declarant may unilaterally amend this Declaration or any Supplemental Declaration to redesignate Neighborhood boundaries for any purpose. Any Neighborhood, acing either through a Neighborhood Committee elected as provided in the By -Laws or through a bprhood Association, may request that the Association provide a higher level of servicc.tthai that which the Association generally provides to all Neighborhoods, or may request tha'the°,'Association provide special services for the benefit of Units in such Neighborhood. Upon 1he,a ffi,rmative vote, written consent, or a combination thereof, of Owners of a majority of the1UTt within the Neighborhood, the Association may, but shall not be obligated to, provide such ices to the Neighborhoods (e.g., landscaping, maintenance, administrative services) uncle suc ;,corms and conditions as the Association and such Neighborhood may agree from time to ti e. cost of such services, which may include a reasonable administrative charge in such ant{ a 1e Board deems appropriate (provided, any such administrative charge shall apply at aunifiir rate per Unit to all Neighborhoods receiving the same service), shall be assessed as a Nerg�xbo0lood Assessment. (b) Neighborhood Representatives. The Ctas A Members in each Neighborhood shall be represented by a Neighborhood Representative why' shall be responsible for casting all votes attributable to Units owned by Class "A" Members in t"ighborhood on all Association matters requiring a membership vote, except as otherwise specifiedin this Declaration or the By - Laws. The senior elected officer of each Neighborhood Assoiation, or duly elected representative of a Neighborhood Committee elected as provided itte »Y-I.aws, shall serve as the Neighborhood Representative. The next highest officer within the Nei hborhood shall serve as the alternate. The Neighborhood Representative shall cast all thots` f the Class "A" Members in his or her Neighborhood as he or she deems appropriate in hieorfi x iscretion. The Board shall call for the designation of a Neighborhood Repretive for each Neighborhood not later than the date upon which the Owners, other than Declarant or Builders, hold record title to 75% of the Units in such Neighborhood. Until such time as Neighborhood Representatives are designated for the Neighborhood, the Owners within such Neighborhood shall be entitled personally to cast the votes attributable to their respective Units on any issue requiring a membership vote under the Governing Documents. Unless otherwise provided in the documents governing a Neighborhood Association, each Class "A" Member owning a Unit within the Neighborhood shall be entitled to cast one equal vote per Unit owned in 19 OR: 2638 PG: 0986 Neighborhood elections, and the presence, in person or by proxy, of Class "A" Members representing at least 30% of the total Class "A" votes attributable to Units in the Neighborhood shall constitute a quorum at any Neighborhood meeting. Neighborhood Representatives and alternates shall serve a term of one ,year and until their successors are elected. Amy Neighborhood Representative or alternate may be removed, with or without cause, upon the vote or written petition of a majority of the total number of'Class "A" votes in the Neighborhood. (c) Voiigg Groups. Anytime prior to the expiration or termination of the Class "B" membership, 041a ai may designate or redesignate Voting Groups consisting of one or more Neighborhoods f;thy purpose of electing directors to the Board. Voting Groups may be designated to ensuregrou4s,with dissimilar interests are represented on the Board and to avoid allowing Neighborh opresentatives representing similar Neighborhoods to elect the entire Board, due to the number .of, .knits in such Neighborhoods, excluding representation of others. The number of Voting'Groups within the Properties shall not exceed the total number of directors to be elected by the Chas'"A" Members pursuant to the By -Laws. The Neighborhood Representatives representing the Neighborhoods within each Voting Group shall vote on a separate slate of candidates forlection to the Board, with each Voting Group being entitled to elect the number of directors specifin the By -Laws. Voting Groups shall be establistted;:ifat all, by filing with the Association and recording in the Public Records, a Supplenient°al`,,L eclaration identifying each Voting Group by legal description or other means such that the knits within each Voting Group can easily be determined. Such designation may be amend from time to time by the Declarant, acting alone, at any time prior to the expiration of the etas "-" membership. Until such time as Voting Groups are established, all of the Properties shall ,nstitute a single Voting Group. After a Supplemental Declaration establishing Voting Gresu;p asbeen recorded, any and all portions of the Properties which are not assigned to a specific Vohtg dfoup shall constitute a single Voting Group. Article VII Association Powers and Responsibilities . 7.1. (a) The Association, through action of its Board, may a qt iie,,hold, and dispose of tangible and intangible personal property and real property. Y (b) The Declarant and its designees may convey to the Asso6atiorrpeFsonal property and fee title, leasehold or other property interests in any real property, impo edJooi unimproved, described on Exhibits "A" or "B." The conveyances of real and personal propert m#y include portions of the Storm Water Management and Conservation Areas. Common, A&a; conveyed to the Association may be subject to governmental obligations and other encumbrances. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association. Upon written request by Declarant, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by Declarant to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to make minor adjustments in property lines. 20 OR: 2638 PG: 098 7.2. Maintenance of Area of Common ResponsiNlity. (a) The Association shall maintain, in accordance with the Community -Wide Standard, the Area of Common Responsibility, which may include, but need not be limited to: (1) all portions of the Common Area and all structures situated upon the Common Area; ) / Xlandscaping and buffers within public rights -of -way within or abutting the Properties to' rile bent such obligations are not delegated to a Community Development District(s) or aniihc.'Cnty pursuant to a Covenant to Share Costs; such,,:portions of any additional property included within the Area of Common Responsibilit as may be dictated by this Declaration, any Supplemental Declaration, or a Covenant to Share Costs, (iv) such po#ons of the Conservation Areas, Surface Water Management System, signage, landscaping, or otr areas assigned to or transferred by agreement between the. Association and a Community Development District(s); and (v) any property and,.,l a temporary or permanent basis, for the Members, such property and facilities to Association and to remain a part of the the Association until such time as Decl written notice to the Association. owned by the Declarant and made available, on use and enjoyment of the Association and its fted by written notice from the Declarant to the ,Conunion Responsibility and be maintained by rules Such privilege of use and enjoyment by The Association may maintain other propertV'o let limitation, property dedicated to the public, if the rd necessary or desirable to maintain the Community -Wide,; liable for any damage or injury occurring on, or arising out.; does not own except to the extent that it has been negligent i responsibilities. does not own, including, without rmines that such maintenance is ird. The Association shall not be heCondition of, property which it h Performance of its maintenance (b) The Association shall maintain the facilities and deuirien within the Area of Common Responsibility in continuous operation, except for an°y -p rods necessary, as determined in the sole; discretion of the Board, to perform required mare repairs, unless at least 75% of the Class "A" votes in the Association and the Declarant; so'-M as Declarant owns any property described on Exhibits "A" or "B," regardless of whether sh property is subjected to this Declaration, agree in writing to discontinue such operation. F _. Except as provided above, the Area of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with the prior written approval of the Declarant as long as the Declarant owns any property described on Exhibits "A" or "B" of this Declaration. -11 OR: 2638 PG: 0988 (c) The costs associated with maintenance, repair, and replacement of the Area of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. Maintenance, repair and replacement of Exclusive Common Areas shall be a Neighborhood Expense assessed to the Neighborhood(s) such to which the Exclusive Common Areas are assigned, notwithstanding that the Association rnayv be responsible for performing such maintenance hereunder. 7.3. (a) Re�tui�red._ overages. After the termination of the Class "B" membership, the Association, acting throug�4. its Board or its duly authorized agent, shall obtain and continue in effect as a Common Expense of the Association the following types of insurance, if reasonably available, or if not reasonably, available, the most nearly equivalent coverages as are reasonably available: �m (i) Blanket�` prb�erty� insurance covering the full replacement cost under current building codes and ordinanc . c(f all insurable improvements on the Common Area and within the Area of Common Res}p'on`il to the extent that the Association has assumed responsibility for repair or replacement in.ihe event of a casualty, regardless of ownership, (ii) Commercial general It Responsibility, insuring the Association and i negligence of the Association or any of its ibt acting on its behalf, (iii) Workers compensation ins to the extent required by law; (iv) Directors and officers liability y insurance on the Area of Common ,.nbers for damage or injury caused by the ,.,employees, agents, or contractors while liability insurance, if and (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds. Fidelity ins ratio policies shall contain a waiver of all defenses based upon the exclusion of Persons serving tll- t %,ompensation; and (vi) Such additional insurance as the Board, inks uness judgment, determines advisable. In addition, the Association shall, if so specified in a Supplenyita1 Declaration applicable to any Neighborhood, obtain and maintain property insurance on the insurable improvements within such Neighborhood. Any such policies shall provide for a certificate of insurance to be furnished upon request to the Owner of each Unit insured. Premiums for all insurance on the Area of Common Responsibility shall be Common Expenses, except that (i) premiums for property insurance on Units within a Neighborhood shall be a Neighborhood Expense; and (ii) premiums for insurance on Exclusive Common Areas may OR: 2638 PG: 0989 be included in the Neighborhood Expenses of the Neighborhood(s) to which such Exclusive Common Areas are assigned unless the Board reasonably determines that other treatment of the premiums is more appropriate. (b) Poligy Requirements. The Association shall arrange for a periodic review- of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the l.ee County and Collier County area. All Association `policies shall provide for a certificate of insurance to be furnished to the Association , dpo request, to each Member insured. , The policiema. contain a reasonable deductible. In the event of an insured loss, the deductible shall bt... t tte&"as a Common Expense or a Neighborhood Expense in the same manner as the premium°' for the applicable insurance coverage. However, if the Board reasonably determines after notice and an opportunity to be heard in accordance with the By - Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessee then the Board may assess the full amount of such deductible against such Owner(s) and thefr Units-os a Specific Assessment. All insurance coverage (i) be written with,a} which satisfies the requirements of th+ secondary mortgage market agencies or (ii) be written in the Association and its Members; the Board shall: (iii) not be brought into co occupants, or their Mortgagees individually; (iv) contain an inflation guard authorized to do business in the State of Florida National Mortgage Association, or such other ?encies as the Board deems appropriate; (v) include an agreed amount endo insurance clause; iation as trustee for the benefit of the insurance purchased by Owners, policy contains a co- (vi) provide that each Owner is an insured person, underbe policy with respect to liability arising out of such Owner's interest in the C ommon aembership in the Association; (vii) provide a waiver of subrogation under the policy a • i r-Any Owner or household member of a Owner; (viii) include an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure, and 23 OR: 2638 PG: 0990 (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. In addition, the Board shall use reasonable efforts to secure insurance policies which list the Owners as additional insureds and provide: 0 xs "a waiver of subrogation as to any claims against the Association's Board, officers, employees, Ahd'it'o manager, the Owners and their tenants, servants, agents, and guests; (ii) a waiveof the insurer's rights to repair and reconstruct instead of paying cash; (iii) an eridbtseient excluding Owners' individual policies from consideration under any other insurance clause; - At (iv) an endorsement tequiring at least 30 days' prior written notice to the Association of any cancellation, subs at tiat-r"9dification, or non -renewal; (v) a cross liability (vi) a provision vesting i provided, however, no Mortgagee having a participating in the settlement negotiations, if (c) Restoring Damaged Improvements. In+ Common Area or other property which the Association a duly authorized agent shall file and adjust all insurance 4, estimates of the cost of repairing or restoring the property it existed prior to the damage, allowing for changes or im applicable building codes. exclusive authority to adjust losses; such losses may be prohibited from the loss. of damage to or destruction of ated to insure, the Board or its Lod obtain reliable and detailed tntially the condition in which ents necessitated by changes in Damaged improvements on the Common Area shall be repa a �r=Teconstructed unless the Neighborhood Representatives representing at least 75% of the to�lC,Jass "A" votes in the Association, and the Class "B" Member, if any, decide not to repair- oar construct. No Mortgagee shall have the right to participate in the determination of whet e the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision�ts made not to restore the damaged improvements, and no alternative improvements are authorized; ;fie affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the 24 OR: 2638 PG: 0991 benefit of its Members and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the I'vlortgagee ofany affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Neighborhood Representatives, levy Special Assessments to cover the shortfall. 7.4. Every Owa er and occupant of a Unit shall comply with the Governing Documents, The Board may impost` sanxtions for violation of the Governing Documents (including, without limitation, the Design eview Guidelines, Use Restrictions, and Rules and Regulations) after notice and a hearing in accordance with the procedures set forth in the By -Laws. Such sanctions may include, without limitation: (a) imposing reasonable violator's Unit. In the even` tliat an Documents and a fine is imposed however, if the fine is not paid by th shall pay the fine upon notice from monetary fines which shall constitute a lien upon the .occupant, guest or invitee of a Unit violates the Governing w fine shall first be assessed against the violator; provided, violator within the time period set by the Board, the Owner (b) suspending any Person's however, nothing herein shall authorize (c) suspending any services prov Unit if the Owner is more than 30 days dE owed to the Association; any portion of the Common Area; provided, limit ingress or egress to or from a Unit; Association to an Owner or the Owner's paying any assessment or other charge (d) exercising self-help or taking act ion'�to�a t€*.any violation of the Governing Documents in a non -emergency situation; (e) requiring an Owner, at its own expense, to re ve any structure or imm prov ent on such Owner's Unit in violation of Article IV and to restore the Unit*to its previous condition. Upon failure of the Owner to do so, the Board or its designee st a[l ha'Ve the right to enter the property, remove the structure or improvement that is in violation--"-,' more the property to substantially the same condition as previously existed and any such action Fall not be deemed a trespass. The cost of such removal and restoration may be assessed gainst the Unit, and the Owner of such Unit, as a Specific Assessment; (f) precluding any contractor, subcontractor, agent, employee or,othernvitee of an Owner who fails to comply with the terms and provisions of Article IV and the Design Review Guidelines from continuing or performing any further activities in the Properties, without incurring liability to any Person therefor; and (g) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. 25 OR; 2638 PG: 0992 (h) Taking the following enforcement sanctions to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By -Laws: (i) exercising self-help in any emergency situation including, but not limited to, removing dangerous pets and towing of vehicles that are in violation of Use Restrictions or Rules and Regulations with regard to parking; and Airy „" bringing suit at law or in equity to enjoin any violation or to recover monetary damag �Wboth. In addition to ;may other enforcement rights, if an Owner fails properly to perform his or her maintenance responsiNiiy, the Association may record a notice of violation in the Public Records or perform such maintenance responsibilities and assess all costs incurred by the Association against the Unit'.and the Owner as a Specific Assessment. if a Neighborhood Association fails to perform its maintenance responsibilities, the Association may perform such maintenance and assess the costs as a\Neighborhood Assessment against all Units within such Neighborhood. Except in an emergency situation, the Association shall provide the Owner or Neighborhood Association reasonable totace and an opportunity to cure the problem prior to . entering a dwelling; All remedies set forth in the Govprning documents shall be cumulative of any remedies available at law or in equity. The Association, shall also have the authority, but not the obligation, to enforce any provision contain� ed i ' Q governing documents of any Neighborhood Association. The Neighborhood Association"' shall have the primary responsibility to enforce its governing documents, and the Association's rights hereunder shall be exercised only after the Neighborhood Association has failed or refused to utMl 4i obligations. In any action to enforce the Governing Documents or the governing docume of a..Neighborhood Association, if the Association prevails, it shall be entitled to recover. all istrxa including, without limitation, attorneys' fees and court costs, reasonably incurred in such aetiort:°_ The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbit _Ar capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case, (i) the ASsociiuion's position is not strong enough to justify taking any or further action; �,ii) the covenant, reriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable is, i that although a technical violation may exist or may have occurred, it is not of such a mates" ature as to be objectionable to a reasonable person or to justify expending the Association's resources, or (iv) that it is not in the Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. 26 OR: 2638 PG: 0993 The Association, by contract or other agreement, may enforce applicable city and county ordinances, if applicable, and permit Lee County and Collier County to enforce ordinances within the Properties for the benetit of the Association and its Members. 7.5. Implied Rights, Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or p�rivege. Except as otherwise specifically provided in the Governing Documents, or by law, all rtghts�and powers of the Association may be exercised by the Board without a vote of the members hip'x 7.6. In&mA`iieat on of Ofticers. Directors and Others. The Association shall indemnify every officer, director, and committee member against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeds including settlement of any suit or proceeding, if approved by the then Board of Directors tc hiclt, he or she may be it party by reason of being or having been an officer, director, or committe me her, except that such obligation to indemnify shall be limited to those actions for which lialit is limited under this Section and Florida law. The officers, directors, and committeet,members shall not be liable for any mistake of judgment, negligent or otherwise, exe6p Bins their own individual willful misfeasance, malfeasance, misconduct, or bad faith. Theofftcers and directors shall have no personal liability with respect to any contract or other commitd�mi ade or action taken in good faith on behalf of the Association except to the extent that such o o ers `or directors may also be Members of the Association. The Association shall indemnify an fo e.'er hold each such officer, director, and committee member harmless from any and all liability utters on account of any such contract, commitment or action. This right to indemnification all� mn6t.be exclusive of any other rights to which any present or former officer, director, or corntrtte ,member may be entitled. The Association shall, as a Common Expense, maintain adequatege eral liability and officers' and directors' liability insurance to fund this obligation, if such'insurace is reasonably available. Decisions whether to institute litigation are no different rornother decisions directors make. There is no independent legal obligation to bring a civil action against another party. In deciding whether to bring a civil action against another party, a'drrectot is protected by the business judgment rule as explained in Section 3.25 of the By -Laws. In addition to any other rights: (i) Volunteer officers or directors of the Association shalt not be personally liable in excess of the coverage of' insurance specified in subparagraph (D), below, to any Person who suffers injury, including but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of his or her tortious act or omission as long as the following requirements are met by the volunteer officer. director and Association: 27 OR: 2638 PG: 0994 (A) the director's or officer's act or omission was performed within the scope of their duties; (B) the director's or officer's act or omission was performed in good faith; (C) the director's or officer's act or omission was not willful, wanton, or grossly negligen; and (Q} the Association maintained and had in effect,at the time the act or omission of the director 4 or officer occurred and at the time a claim was made, one or more insurance policies which ncluded coverage for general liability of the Association and individual liability of officers and a lors for negligent acts or omissions in that capacity, both in the amount of at least $1,000.00. (ii) The paynent for actual expenses incurred in the execution of his or her duties shall not affect the status of an officer or director as a volunteer. TT The Association may, but shall.;not, %.9bligated to, maintain or support certain activities within the Properties designed to makes the `Properties safer than they otherwise might be. Neither the Association nor the Declarants at i;n kany way be considered insurers or guarantors of security within the Properties, nor shall then � e,<held liable for any loss or damage by reason of failure to provide adequate security or in ect v ness of security measures undertaken. No representation or warranty is made that any sy,�W-'ts,,or,,measures, including any mechanism or system for limiting access to the Properties, can not, �e compromised or circumvented, nor that any such systems or security measures undertaken wi 4all cases prevent loss or provide the detection or protection for which the system is desig edor mionded. Each Owner acknowledges, understands and covenants to inform its tenants and all'o cc pr4 A of its Unit that the Association, its Board and committees, and the Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or dge to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. The Association shall have the power, but not the obligatiori;:t64't6"any action taken or contemplated to be taken by any Neighborhood Association which_,,the` }�oard reasonably determines to be adverse to the interests of the Association or its Members` ' r consistent with the Community -Wide Standard. The Association also shall have the power to require specific action to be taken by any Neighborhood Association in connection with'ts obligations and responsibilities, such as requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring that a proposed budget include certain items and that expenditures be made therefor. A Neighborhood Association shall take appropriate action required by the Association in written notice within the reasonable time frame set by the Association in the notice. If the 28 OR: 2638 PG: 0995 Neighborhood Association fails to comply, the Association shall have the right to effect such action on behalf of the Neighborhood Association and levy a Neighborhood Assessment or Specific Assessments to cover the costs, as well as an administrative charge and sanctions. 7.9. Provision of Services, The Association shall be authorized but not obligated to enter into, in the Board's discretion, contract or agreements with other entities, including Declarant, to provide services to and facilities foie Members of the Association and their guests, lessees, and invitees and to charge use and ser 'ce fees for such services and facilities. By way of example, some services and facilities which ' ii& be offered include landscape maintenance, pest control service, cable television and con,muni ation service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities. The cost of such services and facilities may be included as a Common Expense if offered in bulk to all members or as a Neighborhood Assessment or Specific Assessment if offered to Neighborhoods or individuals, as appropriate. 7.10. Cooperation witl Community Development District(s). The Association shall haVdthe power, and is hereby authorized, to contract with and to cooperate with any Community Development District(s) in order to ensure that their respective responsibilities are discharged. The Association is authorized to enter into agreements with any Community Development District(s) tb•�ons"ct, maintain, improve, replace, insure and perform other responsibilities as may be set firth i ,such agreement(s) with respect to signage, landscaping, or other functions which my be, ,performed, in whole or in part, by such Community Development District(s). The expefis�o' to a Covenant to Share Costs, or as a Common Community Development District(s). The Assocttoi its Members to ensure that the level of services pre District, if created, is consistent with the Community' by owning or accepting a deed or recorded contract of deemed to covenant and consent to the creation of such activities may be allocated pursuant as set forth in the agreement with the i�Js further authorized to act on behalf of District(s) and to the execution of a separate document so to do so by the Declarant. 7.11. Relationships With Other Properties. by any Community Development tandard. Each Owner or Builder, )r any portion of the Properties, is t" more Community Development Iss�ting to its creation if requested The Association may enter into contractual agreements or a Coy en rto Share Costs with any neighboring property, Community Development District(s), or Private ie ity to contribute funds for and maintain, among other things, shared or mutually benefie al property or services and/or provide a higher level of maintenance within Mediterra. 7.12. Relations with Other Entities. The Association may enter into agreements with tax exempt organizations and other entities for the benefit of the Property and its residents, as well as the larger community surrounding the Properties. Funding for such activities may be supported through the transfer fees collected in accordance with Article V111. The purposes for such agreements may include, without limitation: 29 OR; 2638 PG; 0996 (a) preservation and maintenance of natural areas, wildlife preserves, or similar Conservation Areas and sponsorship of educational programs and activities which contribute to the overall understanding, appreciation, and preservation of the natural environment within the Properties or the surrounding community; (b) programs and activities which serve to promote a sense of community, such as recreational league, cultural programs, educational programs, festivals, holiday celebrations and activities, a comrurty computer network, and recycling programs; and (c) social seriees, community outreach programs, and other charitable causes. Article Vlll 8.1. Budgeting and'AlfocatinuCommon Expenses. At least 60 days befor the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expetiso-for;the coming year, including any contributions to be made to a reserve fund pursuant to Section any Covenant to Share Costs. The bu funds to cover such expenses, which sources other than assessments levied the levy of Base Assessments and Section 8.6. .33 `and payments to be made or to be received pursuant to get s , all also reflect the sources and estimated amounts of jaj �inelude any surplus to be applied from prior years or inst the Units, and the amount to be generated through pecI lw ssesments against the Units, as authorized in The Association is hereby authorized toJ&y�,Base Assessments against all Units subject to assessment under Section 8.6 to fund the Comoilt" penses. The Board, in its discretion, may establish the rate of assessment equally against;al nits..within Mediterra, or the Board may establish different rates based on the type of Unit wi�lhirt. a Neighborhood (e.g., estate home, single family detached, patio home, condominium unit; cc, "provided that such rate shall be equal for all Neighborhoods of similar product type. In"_dot `'mng the Base Assessment rate per Unit, the Board may consider any assessment income exected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. The Declarant may, but shall not be obligated to, reduce --the ase Assessment for any fiscal year by payment of a subsidy, in addition to any amounts�tu by Declarant under Section 8.7(b), which may be either a contribution, an advance agarr`e assessments due from the Declarant, or a loan, in the Declarant's discretion. Any such sulisid"yhall be disclosed as a line item in the income portion of the budget. The payment of such subsidy n.any year shall not obligate the Declarant to continue payment of such subsidy in future years;- ss otherwise provided in a written agreement between the Association and the Declarant. The Board shall send a copy of the final budget, together with notice of the amount of the Base Assessment to be levied pursuant to such budget, to each Owner at least 30 days prior to the effective date of such budget. The budget adopted by the Board shall automatically become effective. After the expiration of the Class "B" membership, the budget adopted by the Board shall automatically become effective unless disapproved at a meeting by Neighborhood 30 OR: 2638 PG: 0997 Representatives representing at least 75% of the total Class "A" votes in the Association. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of the Neighborhood Representatives as provided for special meetings in Section 2.4 of the By -Laws, which petition must be presented to the Board within 10 days after delivery of the budget and notice of any assessment. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any yea then the budget most recently in effect shall continue in effect until a new , budget is determined"' The Board rriay r� vise the budget and adjust the Base Assessment from time to time during the year, subje to.the notice requirements and the right of the Members to disapprove the revised budget as set fcOh�above. 8.2. Budgeting and Allocating Neighborhood Expenses. �` At least 60 days befope the beginning of each fiscal year, the Board shall prepare a separate budget covering the estifi dyNeighborhood Expenses, if any, for each Neighborhood on whose behalf Neighborhood Expenses ses are expected to be incurred during the coming year as authorized by this Declaration 'or�,�Ay"I.. Supplemental Declaration applicable to such Neighborhood. The budget of Neighborhood 'Expenses shall also include any costs for additional services or a higher level of services wfrgeet'j?sbalf"Also he,Association and the Neighborhood have agreed upon pursuant to Section 6.4(a). The bureflect the sources and estimated amounts of funds to cover such expenses. The Association is hereby authorized to .1ewy Neighborhood Assessments equally against all Units in the Neighborhood which are subjcxct tip aessment under Section 8.6 to fund Neighborhood Expenses incurred by the Assoc iationpertorm an activity or function which should have, pursuant to the Governing Documei w o`r: the governing documents of the Neighborhood Association, been performed by the Neighlior odsAssoc iation. The Board shall cause a copy of the Neighborhood bu�and notice of the amount of the Neighborhood Assessment for the coming year to be deliveredNto each Owner in the Neighborhood at least 30 days prior to the beginning of the scl year. Such budget and assessment shall become effective unless disapproved at a meeting f the Neighborhood by Owners of a majority of the Units in the Neighborhood to which the �i'-borhood Assessment applies. However, there shall be no obligation to call a meeting for t=u e of considering the budget except on petition of Owners of at least 1014, of the Units in u ,NI,p borhood. This right to disapprove shall only apply to those line items in the Neighborhood budget which are attributable to services requested by the Neighborhood and shall not apply to lutyiletn which the Governing Documents require to be assessed as a Neighborhood Assessment. If the proposed budget for any Neighborhood is disapproved or if the Board fails for any reason to determine the budget for any year, then until such time as a budget is determined, the budget in effect for the immediately preceding year shall continue for the current year. 31 OR: 2638 PG: 0998 The Board may revise the budget for any Neighborhood and the amount of any Neighborhood Assessment from time to time during the year, subject to the notice requirements and the right of the Owners of Units in the affected Neighborhood to disapprove the revised budget as set forth above. 8.3. Budgeting for Reserves. The Boar ResponsibilityJ] assets, the expecte reserves shall bey 8.10; provided, h contribution in the 8.4. In addition to 11 periodically prepare a reserve budget for the Area of Common erve budget shall take into account the number and nature of replaceable of each asset, and the expected repair or replacement cost. Funding for i1 'primarily through the capitalization assessments specified in Section tf e Board may, but shall not be obligated to, include a capital rnoEpense budget adopted pursuant to Section 8.1 to fund reserves. Assessments to cover unbudgeted ,e Special Assessment may be levied a for Common Expenses, or against Assessment is for Neighborhood ExI Declaration, after the termination of assessments, the Association may levy Special or expenses in excess of those budgeted. Any such ie entire membership, if such Special Assessment is inits within any Neighborhood if such Special �Except as otherwise specifically provided in this ass "P" membership any Special Assessment shall require the affirmative vote or written conse v`.N Expense) or Owners (if a Neighborhood Expense)' allocated to Units which will be subject to sue pe written consent of the Class "B" Member, if such.,ea`1 such manner and at such times as determined by t extending beyond the fiscal year in which the Special 8.5. Specific Assessments. eighborhood Representatives (if a Common �resenting more than 50% of the total votes cl ,Assessment, and the affirmative vote or stsw„_Special Assessments shall be payable in B�afd and may be payable in installments Asssnent is approved. The Association shall have the power to levy Spec i,fic''Asiessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative ;costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association which might include, but not be limited,to.e iiepis identified in Section 7.9. Specific Assessments for special services may be levied in a4A the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the By -Laws, before levying any Specific Assessment under this subsection (b). 32 vR: 2638 PG: 0999 The Association may also levy a Specific Assessment against the Units within any Neighborhood to reimburse the Association for costs incurred in bringing the Neighborhood into compliance with the provisions of the Governing Documents, provided the Board gives prior written notice to the Owners of Units in, or the Neighborhood Representative representing, the Neighborhood and an opportunity for such Owners or Neighborhood Representative to be heard before levying any such assessment. 8.6. of_Paymerit. The Deelaixft, hereby establishes and the Association is hereby authorized to levN assessments as pro, ' ed'4or in this Article and elsewhere in the Governing Documents. The obligation to pay Base sessments, Special Assessments, and Neighborhood Assessments shall commence as to each nit oh the first day of the month following: (a) the month in which the Unit is made subject to,�this 15eclaration, or (b) the month in which the Board first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Base Assessment and Neighborhodd-Assessment, if any, levied on each Unit shall be adjusted according to the number of iionths remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid iir�dcti°nianr The Board may require advance payment t)`a Unit and impose special requirements fair wr Board so elects, assessments may be p it otherwise provides, assessments shall be de fiscal year. If any Owner is delinquent in payn Unit, the Board may require the outstanding immediately. and on such dates as the Board may establish. ssments at closing of the transfer of title to a with a history of delinquent payment. If the v,o or more installments. Unless the Board pyable in advance on the first day of each tnlassessments or other charges levied on his ranee `ion all assessments to be paid in full The Association may, but shall not be obligatetq; provide the Association's budgets and notices of assessment for the Base Assessments, Specia ss ssments, and any Neighborhood Assessments of all Owners within a Neighborhood to its gertu g Neighborhood Association. If so directed by the Association, the Neighborhood Assoc iAihall be responsible for billing, collecting, and remitting all amounts due from all Owners in such Neighborhood to the Association in accordance with such procedures as may bgstablished by the Board. Notwithstanding the Association's delegation of billing and collects n- 'to the Neighborhood Association, in the event of delinquency, the Association shall rese'," kights and powers of collection as set forth in this Article. 8.7. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or enterig into a recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest computed from its due date at a rate of 10% per annum or such higher rate as the Board may establish, subject to the limitations of Florida law, late charges as determined by Board resolution, costs, lien fees, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee 33 OR: 2638 PG: IOCC shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments and Neighborhood Assessments, if any, on the same basis as during the last year for which an assessinnt was made, until a new assessment is levied, at which time the Association may retroactw4e yeas ess any shortfalls in collections. No Owner i1ay xe►npt himself from liability for assessments by non-use of Common Area, abandonment is °,Unit, or any other means. The obligation to pay assessments is a separate and independento,venant on the part of each Owner. No diminution or abatement of assessments or set -offs all be claimed or allowed fbr any alleged failure of the Association or Board to take some action'or perform some function required of it, or for inconvenience or discomfort arising from the nia'King of repairs or improvements, or from any other action it takes The Association shall, on f equest, furnish to any Owner liable for any type of assessment a certificate in writing sighed by an Association officer setting forth whether such assessment has been paid. Such cerlitcateshall be conclusive evidence of payment which may be relied upon by any Person other`thit"fie'Owner, of the Unit requesting such certificate. The Association may require the advance plympntof a reasonable processing fee for the issuance of such certificate. (b) Declarant's Option to Fund _B� et eticits. During the Class "B" membership, Declarant may satisfy its obligation for assessnents-,(�n_Units which it owns and are subject to assessment or for which it is contractually obli at&, to fund a Builder's assessment obligation either by: (i) paying such assessments in the same.n"lire 'as any other Owner, or (ii) by paying the difference between the amount of assessments ley►c f on all other Units subject to assessment and the amount of actual expenditures by the Associatio n ( chiding any amounts in the budget of Common Expenses for capital and contingency reseryes) d ng the fiscal year. Unless the Declarant otherwise notifies the Board in writing at least ays,before the beginning of each fiscal year, the Declarant shall be deemed to have elected to cone` paying on the same basis as during the immediately preceding fiscal year. Regardless. of Ott, Declarant's election, the Declarant's obligations hereunder may be satisfied in the tbcnif'ash or by "in kind" contributions of services or materials, or by a combination of these- Atler termination of the Class "B" membership, the Declarant shall pay assessments on its nsuld' •,Units in the same manner as any other Owner. 8.8. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Florida law), and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value and recorded prior to the 34 OR; 2638 r G; 1001 date the Association perfects its lien. Such lien, when delinquent, may be enforced by suit, judgment, and foreclosure in the same manner as mortgages on real property are foreclosed under Florida law. The Association may bid for the Unit at the loreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unthall be charged, in addition to its usual assessment, its pro ra►a share of the assessment tha ul have been charged such Unit had it not been acquired by the Association. The Associatio'li m4 sue for unpaid assessments and other charges authorized hereunder without foreclosing or wa`i,v4q1he lien securing the same. The sale or transfe f any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the first IVlortg, ge shall extinguish the lien as to any installments of such assessments due prior to the M gagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally I' ` le for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments"hhail`�,be deemed to be Common Expenses collectible trom Owners of all Units subject to assessment under Section 8.6, including such acquirer, its successors and assigns. 8.9. Exempt Property. a The following property shall t Neighborhood Assessments, and Special A (a) All Common Area and such portiQr are included in the ,Area of Common Responsibility frorn payment of Base Assessments, property owned by the Declarant as ..to Section 7.2; (b) Any property dedicated to and accepted 6 Why governmental authority or public utility; and (c) Neighborhood Common Area. In addition, the Declarant and/or the Association shall -.-lave_ thte right, but not the obligation, to grant exemptions to certain Persons qualifying f6r4tax 'exempt status under Section 501(c) of the internal Revenue Code so long as such Persons subject to this Declaration for purposes listed in Section 501(c). s 8.10. Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than a Builder or Declarant and upon each subsequent transfer or conveyance of any type whatsoever, a contribution shall be made by or on behalf of the purchaser to the reserves of the Association in an amount established by resolution of the Board of Directors. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be paid to the Association by separate check upon the 061 On: 2638 PV: ioaz closing or other settlement of the transfer or conveyance of the Unit. Any unpaid capitalization assessment shall constitute a lien in favor of the Association against the Unit as provided in this Article. Notwithstanding the foregoing, a capitalization assessment shall not be levied in the following instances: (a) Cdnveyance of a Unit by an Owner to a trust, partnership, corporation, or other entity so long; a V2, entity is and remains wholly -owned by the Owner or by such Owner and the Owner'spand/or children; provided, however, if the immediately preceding conveyance of tit; Unit as exempted from payment of the capitalization assessment pursuant to this subsection, then s`,subsection shall not apply and the Unit shall be subject to the capitalization assessment, (b) Conveyance of a Unit by an Owner or such Owner's estate to the Owner's spouse and/or children; provided—hower, if the immediately preceding conveyance of the Unit was exempted from payment of tt & capitalization assessment pursuant to this subsection, then this subsection shall not apply and the it $hall be subject to the capitalization assessment; and (c) Conveyance of an undo jdedjnterest in a Unit by the Owner thereof to any then existing co-Owner(s) of such Unit. 8.11. Transfer Fees. (a) Authority. In addition to tht�,as"ses Association is hereby authorized to establish anc -< to a Unit, unless such transfer is exempt as providx to the Association, at the closing of the transfer, transferred. Such transfer fee shall constitute an as by the Association's lien as set forth in Section 8.8. obligations set forth in this Article, the a transfer fee upon each transfer of title sction 8.11(d). The fee shall be payable Person taking title to the Unit being :itt against the Unit and shall be secured (b) Fee Limit. The Board shall have the sole discr_ 'on to determine the amount and method of determining any such transfer fee, which may, but is not` required to, be determined based upon a sliding scale which varies in accordance with th "QoDss Selling Price" of the property or another factor as determined by the Board; provided, -h' wwever� any such transfer fee shall be equal to an amount not greater than one percent of the rocs) Selling Price of the property. The transfer fee shall be initially set by the Board at one-q of one percent of the Gross Selling Price of the property. For the purpose of determining th arno nt of the transfer fee, the Gross Selling Price shall be the total cost to the purchaser of the%pro erty, excluding taxes and title transfer fees as shown by the amount of tax imposed on transf4"fwxeal property by the State of Florida, Lee County and Collier County. (c) Purpose. All transfer fees which the Association collects shall be deposited in a segregated account to be used for such proposes as the Board deems beneficial to the general good and welfare of the Mediterra master planned community and surrounding areas and which are not otherwise addressed under the Governing Documents as a part of the Association's budget of Common Expenses. Notwithstanding the foregoing, the Declarant may unilaterally amend 36 OR: '4638 PG. 1003 this Declaration to designate that some or all of the transfer fees collected under this Section shall be earmarked to go only to certain purposes or organizations such as a tax-exempt entity or other charitable organization. By way of example and not limitation, such transfer fees may be used to assist the Association or one or more tax-exempt entities in funding: (i) preservation and maintenance of natural areas, wildlife preserves, or similar conservation areas, and sponsorship of educational programs and activities which contribute to the o erall understanding, appreciation and preservation of the natural environment at the Medilterr ,"Iastpr planned community and Lee County and Collier County, Florida; (1j), E pr rams and activities which serve to promote a sense of community within Lee County and Allier County, Florida, such as recreational leagues, cultural programs, educational programs, festivals and holiday celebrations and activities, a community computer network, and recyclinj programs; and (iii) social st~ 1ices, community outreach programs, and other charitable causes. (d) Exempt Transfersi the above, no transfer fee shall be levied upon transfer of title to a Unit: (i) by or to Declarant oEfuilder to the initial Owner; (ii) by a Builder who heldtitle Iy for purposes of development and resale; (iii) by an Owner to a trust, partnerships corporation, or other entity so long as such entity is and remains wholly- owned by thOwneor by such Owner and the Owner's spouse and/or children; provided, however, if the imm fatcly.,preceding transfer of the Unit was exempted from payment of the transfer fee pursuant to this sufsection, then this subsection shall not apply and the Unit shall be subject to the transfer fee; '. (iv) by an Owner or such Owner's estate to 1"wner's spouse and/or children; provided, however, if the immediately preceding conveyance ofhe Unit was exempted from payment of the transfer fee pursuant to this subsection, then this subsection shall not apply and the Unit shall be subject to the transfer fee; and ' (v) of an undivided interest in a Unit by the Ow t4,,e,r,,Vof to any then existing co-Owner(s) of such Unit; orbx. (vi) to an institutional lender pursuant to a Mortgage or ups `fdfeclosure of a Mortgage. PART FOUR: COMMUNITY DEVELOPMENT The Declaration reserves various rights to the Declarant in order to facilitate the smooth and orderly development of Mediterra and to accommodate changes in the Master Plan that inevitably occur as a community this size grows and matures. 37 OR: 2638 PG: 1004 Article IX Expansion of the Community 9.1. Expansion by the Declarant. (a) Expansion by Recorder Declaration In_ Lee _Cou". Declarant shall initially record this Declaration in the Public Records of Collier County, Florida. As Mediterra is developed, Declarant may submit real property located within Lee County, Florida to this Declaration. In thr /event Declarant elects to subject real property in Lee County, l amenorida to this Declaration, clan shall record a copy of the then current Declaration, and all amendments thereto, in the Pubh A'ecords of Lee County, Florida with a description of the real property to be subjected to the proisio : of this Declaration. Thereafter, Declarant may subject additional real property in Lee Co �Flprida by Supplemental Declaration as provided in Section 9.1(b) below. Recording the pecfiation in the Public Records of Lee County pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant.-� (b) Expansion py Haupt)+ !4v;- subject all or any portion of therop'or Declaration by recording a SupPtetnnt additional property to be subjected tolhe Exhibit "B," Declarant may also from `ti property to this Declaration by recor o ;iescribing the additional property to Declaration recorded pursuant to this Sec the owner of such property, if other than 1 al_Declaration. Declarant may from time to t►nle y described in Exhibit "B" to the provisions of this J Declaration in the Public Records describing the Teclaration. In addition to the property described in e tb,time subject other contiguous and noncontiguous Supplemental Declaration in the Public Records t ibiected to the Declaration. A Supplemental on s1Ja�ot require the consent of any Person except The Declarant's right to expand the corntridntt all property described on Exhibit "B" has been subjeec recording of this Declaration in the Public Reco Declarant may transfer or assign this right to any Pei of the real property described in Exhibits "A" or "B." a written, recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require subject additional property to this Declaration or to develop Exhibit "B" in any manner whatsoever. 9.2. Expansion by the Associatio, . to this Section shall expire when Declaration or 40 years after the ver is earlier. Until then, the the Builder of at least a portion transfer shall be memorialized in larant or any successor to be property described in The Association may also subject additional property to the provisions ot'this Declaration by recording a Supplemental Declaration in the Public Records describing the additional property. Any such Supplemental Declaration shall require the affirmative vote of Neighborhood Representatives representing more than 50% of the Class "A" votes of the Association represented at a meeting duly called for such purpose and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, the consent of the Declarant shall be necessary. The Supplemental Declaration shall be signed by the President and W OR: 2638 PG: 1005 Secretary of the Association, by the owner of the property, and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. The Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to provide services and authorizing the Association , to recover its costs through Neighborhood Assessments. Such additional covenants andasments may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjecte oo`Lthis Declaration. If the property is owned by someone other than Declarant, then tle ,con , nt: of the Owner(s) shall be necessary and shall be evidenced by their execution of the 'S'Up'plemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order, to reflect the different character and intended use of such property. 9.4. Effect of Fili Any Supplemental Declaration recording in the Public Records unles On the effective date of the Supplemet Declaration shall be assigned voting accordance with the provisions of this I Article X Additional Rights Reserved to 10.1. Withdrawal of Property. pursuant to this Article shall be effective upon ;e specified in such Supplemental Declaration. ration, any additional property subjected to this r the Association and assessment liability in t The Declarant reserves the right to amend this. T)e l�f ion, so long as it has a right to annex additional property pursuant to Section 9.1, for thou, sleof removing any portion of the Properties which has not yet been improved with structur s from the coverage of this Declaration, provided such withdrawal does not unreasona ly violate the overall scheme of development for the Properties. Such amendment shall not req,ore,,t e consent of any Person other than the owner(s) of the property to be withdrawn, if not thePeclarant. if the property is Common Area, the Association shall consent to such withdrawal. e, 10.2. Marketing and Sales Activities, The Declarant and Builders authorized by Declarant may without fee or Charge maintain and carry on upon portions of the Common Area such facilities and activki`es as in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Such activities may include, without limitation, holding special events and promotional activities on portions at the Common Area. The Declarant and authorized Builders shall have easements for access to and use of the Common Area for such purposes. 39 OR. 2.638 PG: 1006 10.3. Ri&ht tQ Dcvelon. The Declarant and its employees, agents and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as it deems appropriate in its sole discretion. Every Person that acquires any interest in the Properties acknowledges that Mediterra is a master plann'community, the development of which is likely to extend over many years, and agrees not to prot�t, challenge or otherwise object to (a) changes in uses or density of property outside the Ne ghbvrho d in which such Person holds an interest, or (b) changes in the Master Plan as it relates tp pro rty outside the Neighborhood in which such Person holds an interest. 10.4. No Person shall recO any declaration of covenants, conditions and restrictions, or declaration of condominium:" similar instrument affecting any portion of the Properties without Declarant's review and written cor nt. Any attempted recordation without such consent shall result in such instrument being v id And of no force and effect unless subsequently approved by written consent signed by the Dechiri tit and..,recorded in the Public Records. Itu&j No amendment to or modiftcation`� Rules and Regulations shall be effective Declarant so long as the Declarant owns become subject to this Declaration in accon 10.6. n Restrictions, Design Review Guidelines, or rior notice to and the written approval of subject to this Declaration or which may `tion 9.1. Any or all of the special rights and obligations `f a Declarant set forth in this Declaration or the By -Laws may be transferred in whole or,in p to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a tight beyond°°that which the Declarant has under this Declaration or the By -Laws. No such transfer or assi meat shall be effective unless 1 it is in a written instrument signed by the Declarant and duly re0r, ed'in the Public Records. The foregoing sentence shall not preclude Declarant from perrrkittini�oihel Persons to exercise, on a one time or limited basis, any right reserved to Declarant',n� isDeclaration where Declarant does not intend to transfer such right in its entirety, and in swh`"cp it shall not be necessary to record any written assignment unless necessary to evidence Dec arnt's consent to such exercise. 10.7. Exclusive Ri hts to Use Name of Development, No Person shall use the name "Mediterra," or any derivative of such name in any printed or promotional material without the Declarant's prior written consent. However, Owners and Builders may use such names in printed or promotional matter where such term is used solely to specify that particular property is located within Mediterra, and the Association shall be entitled to use the words "Mediterra" in its name. 40 OR: 2638 rG: 100' 10.8. Changes in Surface Water Management_ System. So long as Declarant owns land within the Properties or which may be annexed to become a part of the Properties, Declarant shall have the right and the power, but neither the duty nor the obligation to amend the designation of the Primary Surface Water Management System and Secondary Surface Water Management System, to add or delete features of the Surface Water Management System and to modity any permits issued for the Surface Water Management System as it deem necessary to reflect changes in development plans, changed conditions, governmental 'ruieents or for any other reason it deems appropriate. The Declaratt) ma ` transfer all or a portion of the Surface Water Management System to or from one or moreC04rhiipity Development Districts upon written agreement of such districts and acceptance of such district by the South Florida Water Management District. Additionally, Declarant may transfer actor a portion of the Surface Water Management System to one or more Association Entities and allocate iaintenance responsibilities and financial obligations of the Association and other Persons thrugh a covenant to share costs. 10.9. Rip-ht to Transfer Dvfidniiental Densitv. The Declarant reserves the ttn )Ateral`cight to amend Exhibit "B" to this Declaration, for so long as Declarant owns any property d6scii.-bed on Exhibits "A" or "B," for the purpose of transferring any of the maximum number t)ni)s which may be created and developed on the property described on Exhibits "A" and " " t atfv'ther area within Mediterra. In the event that additional property described on Exhibit "Wwhi `h; not currently zoned for residential use is rezoned for residential use, the maximum ri her�f developable Units shall automatically increase by the number of residential Units permit on,such property. 10.10. (a) Declarant reserves for itself and such 'oihe, Persons as it may designate perpetual non-exclusive easements throughout Mediterra rci tWex ent reasonably necessary for the purposes of access, inspecting, testing, redesigning; correcting any portion of Mediterra, including Units and the Area of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Area of Common Respon,"&li , and the: designees of Declarant shall have the right to redesign or correct any Unit or po ion®ofea Neighborhood in which they were the Builder. (b) Entry onto a Unit shall be after reasonable notice, except neniergency. Entry into a structure on a Unit shall be only after Declarant notifies the Units Owner and agrees with the Owner regarding a reasonable time to enter the structures on s nit to perform such activities. F (c) Any damage to a Unit or the Area of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use 41 Onn R: 2638 PG: 1008 of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 10.11. Termination of Rights. The rights contained in this Article shall not terminate until the earlier of (a) 40 years from the date this Declaration is recorded in the Public Records, or (b) Declarant's recordation of a written statement in the Public Records that expressly states that all sales activity has ceased. PART FIVE:;' PROPERTY RIGHTS WITHIN THE COMMUNITY The natare,of l't0ng in a planned Comm►unity, ►tith its wide arras- of properties and development apes `r i tts or;going (levelopntent activiiV, requires the creation of special property rights and provisions t"ddress the needs and responsibilities of the Owners, the Declarant, the Association, and others ►vithitt or adjacent to the community Article XI Easements t The Declarant grants to and enjoyment in and to the Com (a) The Governing Docum applicable covenants; (b) Any restrictions or limitations the Association; a nonexclusive right and easement of use, access, ibiect to: Covenant to Share Costs, and any other any deed conveying such property to (c) The right of the Board to adopt Rules_ an, Regulations governing the use and enjoyment of the Common Area, including rules limitiirg the'rhumi-ber of guests who may use the Common Area; (d) The right of the Board to suspend the right of a w;er to use any recreational areas within the Common Area (1) for any period during which an ckiarg against such Owner's Unit remains delinquent, and (ii) for a period not to exceed 30 days ko"a sit gle violation, or for a longer period in the case of any continuing violation, of the Governin oIeuments after notice and a hearing pursuant to the By -Laws; (e) The right of the Association, acting through the Board, to dedic�#dr transfer all or any part of the Common Area, subject to such approval requirements as -tiiay be set forth in this Declaration; (f) The right of the Board to impose reasonable membership requirements and charge reasonable admission or other use fees for the use of any recreational areas situated upon the Common Area; 42 OR; 2638 PG; 1009 (g) The right of the Board to permit use of any recreational areas situated on the Common Area by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (h) The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property, or pledge its stream of income, as security for money borrowed or debts; (i) ierig t of the Board or its designee to establish Rules and Regulations for the use of any recreati al areas; and (j) Tht,rWof, ,certain Owners to the exclusive use of those portions of the Common Area designated 'TEiclusive Common Areas," as described in Article XII1. l l .2. The Declarant grants eciproca maintenance and use of any pe[n 4 Common Area, between adjacent nits,.,;' unintentional placement or settling or'shil altered thereon, in accordance with these three feet, as measured from any point such boundary. However, in no evert encroachment occurred due to willful and and consent of, the Person claiming the N appurtenant easements of encroachment, and for encroachment, between each Unit and any adjacent between any Unit and any Private Amenity due to the .ing of the improvements constructed, reconstructed, or ms'of these restrictions, to a distance of not more than the `common boundary along a line perpendicular to 'sltaff,ari easement for encroachment exist if such k`owi g induct on the part of, or with the knowledge 11.3. Easements for Utilities. Etc. (a) The Declarant reserves, so long as the."beclarant owns any property described on Exhibit "A" or "B" of this Declaration, the following eases rtM,throughout all of the Properties, on behalf of itself, and its nominees, successors and assigns: ,i" (i) installing, operating, maintaining, repairing and replacing infrastructure to serve the Properties, including, without limitation, roads, walk*ays, pathways and trails, the Surface Water Management System, recreational facilities, areas tocomply with Environmental Permit obligations, street lights, and signage, such easements shalt bexclusive to the Declarant unless and until granted or conveyed to the Association or third party " ich, may be perpetual and irrevocable, at which point such easements or interests may be more partularly described in the instrument granting or conveying such easements or interests or on the`recoded plats; (ii) installing, operating, maintaining, repairing and replaciig utilities to serve the Properties and each Unit, including, without limitation, gas, electricity, security and similar systems, such easements shall be exclusive to the Declarant unless and until granted or conveyed to a third party, which may be perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats, 43 OR: 2638 PG: 1010 (iii) installing, operating, maintaining, repairing and replacing pipes and systems to transport and distribute potable water, irrigation water, and treated effluent, to serve the Properties and each Unit, such easements shall be exclusive to the Declarant until granted or conveyed to a third patty, which may be exclusive, perpetual and in -evocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats; and (iv) installing, operating, maintaining, repairing and replacing telephone, cable television, tel ,,e&nlfii ications, and other systems for sending and receiving data and/or other electronic signals,40 srve the Properties and each Unit, such easements shall be exclusive to the Declarant until graned.o conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which.. t,.sttch easements or interests may be more particularly described in the instrument granting or convtryj4ng such easements or interests or on the recorded plats. (b) Declarant also ,reserves for itself the exclusive right and power to enter into contracts for the construction, nallation, and provision of any of the items addressed in Section 11.3(a) and to grant and reb rd„ in t-he Public Records such specific easements as may be necessary, in the sole discretion oi�,Jbecldrant, in connection with the orderly development of any property described on Exhibits "A" r)d 131" Any such contract, agreement, or easement may, in the Declarant's sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems'insla°(ledi`on or in the Units, dwellings, and other structures constructed on Units and Common Areas withinbe Properties. (c) Any such contract, agreement, or, asiei that the Board enter into a bulk rate service agreeniptill ti Units within the Properties. In such case, tte`c6st Association and shall be assessed as a part of the Bdsl Owner of a Unit desires or uses such service. If`[ benefits to certain Owners or Units at their request, sucl paid directly by the Owner to the service provider, or Specific Assessment, as appropriate and specified in the the service provider. t entered into by Declarant may require r the provision of services offered to all shall be a Common Expense of the ,Assessment regardless of whether the Iie vice provides additional services or a4i<pnal services or benefits shall be ecogw, 'a: Neighborhood Assessment or ivreeme it between the Association and (d) All work associated with the exercise of the easements described in Section 11.3(a) shall be performed in such a manner as to minimize i t rterenre with the use and enjoyment of the property burdened by the easement. Upon complet on o the work, the Person exercising the easement shall restore the property, to the extent re4sonabl , possible, to its condition prior to the commencement of the work. The exercise of these Ac ements shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. F m. 11.4. Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, successors, assigns, and mortgagees, as well as for any private water company or public or private utility company, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the property described in Exhibit "B," whether or not such property is made 44 OR: 2638 PG; i011 subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads, connecting and installing utilities, and connecting and installing cabling and telecommunications systems on such property. Declarant agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, the Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any r64,dway- providing access to such Property. 11.5. The Declarant 'gra a1t's to the Association easements over the Properties as necessary to enable the Assoc iatio to fulfill its maintenance responsibilities under Section 7.2. The Association shall also have the right, but not the obligation, to enter upon anv Unit for emergency, security, an& y� easons, to perform maintenance and to inspect for the purpose of ensuring compliance with d enforcement of the Governing Documents. Such right may be exercised by any member o' the a`rd and its duly authorized agents and assignees, and all emergency personnel in the perfotance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and.a(er notice to the Owner. ii, The Declarant reserves for itself ;id its authorized designee, which may be a private water company, their successors, assigns, at'esguees, the exclusive right and easement, but not the obligation, to enter upon bodies of w terr" and wetlands located within the Area of Common Responsibility to (a) install, operate, , and replace pumps, equipment, and outfail structures to draw upon the surface water and taeupply irrigation water both within and outside of the Properties; (b) construct, maintain, and,repair structures and equipment used for retaining water; and (c) maintain such areas in a manner nsistent with the Community -Wide Standard. The Declarant, any private water company;""pulr1c r private utility company, the Association. Community Development District, and their succe ors, assigns and designees shall have an access easement over and across any of the Properties abutting or containing bodies of water or wetlands to the extent reasonably necessary to exercise£ theta rights under this Section and this Declaration. The Declarant further reserves for itself, the Association, a... ltnunity Development District, and their successors, assigns and designees, a perpetual, non �xlusive right and easement of access and encroachment over the Common Area adjacent to or Vthin 20 feet of bodies of water and wetlands within the Properties, in order, at their option andFsol"iscretion, to (a) temporarily flood and back water upon and maintain water over such portions of the Properties; (b) alter in any manner and generally maintain the bodies of water and wetlands within the Area of Common Responsibility; and (c) maintain and landscape the slopes and banks pertaining to such areas. All persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to hurricanes, heavy rainfall, or other natural occurrences. 45 OR: 2638 PIV: 1012 11.7. Easements for Golf Course. (a) Every Unit and the Common Area and the common property of any Neighborhood Association are burdened with an easement permitting golf balls unintentionally to come upon such areas, and, unless restricted by the Association, for golfers at reasonable times and in a reasonable manner to come upon the Common Area, Neighborhood Common Area, or the exterior portions of a Unit to retrieve errant golf balls; provided, however, if any Unit is fenced or walled,..the golfer shall seek the Owner's permission before entry. The existence of thiso easement shall relieve golfers of liability for damage caused by errant golf balls. Under no circumstance's ha any of the following Persons be held liable for any damage or injury resulting from erranlSo f balls or the exercise of this easement: the Declarant; the Association or its Members (in theircoi4acjties as such); Long Bay Partners LLC, its successors, successors -in - title to the golf cour , or assigns; any Builder, or a contractor (in their capacities as such); any officer, director or partner`of any of the foregoing, or any officer or director of any, partner. (b) Any port ion-o t�IhProperties immediately adjacent to any golf course is hereby burdened with a non-exclusiveasement in favor of the adjacent golf course for overspray of water from the irrigation system- �a%it�g such golf course. Under no circumstances shall the Association or the owner of such go�lf.eourse be held liable for any damage or injury resulting from such overspray or the exercise--of�this.,easement. (c) The owner of any golfc, successors and assigns, shall have a pet for the purpose of retrieving golf balls reasonably within range of golf balls hit 11.8. n or adjacent to any portion of Mediterra, its lusive easement of access over the Properties es of water within the Common Areas lying tfourse. The Declarant hereby grants, and every U ne,, tf ,Common Area, and Neighborhood Common Area is hereby burdened with, perpetual, rrotr-AexcJusive easements to the extent reasonably necessary for ingress, egress, and access to pfopciites and facilities of one or more Community Development Districts which may be created Mtn the installation, maintenance, repair and replacement thereof. However, this easement shall not iriclude a right to enter any enclosed structure on a Unit or to unreasonably interfere with the vise 4 any Unit. Any damage resulting from the exercise of this easement shall promptly be repaixed bpi; and at the expense of, the Person exercising the easement. Article XII Environmental Areas and Issues 12.1. Assignment of Responsibilities. Within and adjacent to Mediterra there are various types of property such as wetlands, drainage areas, Conservation Areas, open spaces and buffers upon which restrictions, monitoring requirements, or other obligations may be imposed by local, state, federal or other governmental agencies. The Declarant may from time to time and at any time deed, convey, transfer, or assign any or all of the foregoing areas or responsibilities to the Association andior a Community Development District(s), which shall accept, own, maintain, and preserve the foregoing areas in 46 OR; 2638 PG; 1013 accordance with the requirements of such agencies. All such areas that are conveyed to the Association shall become a portion of the Common Area, and the ownership, operation, and maintenance thereof shall be a Common Expense. Alternatively, the Declarant may deed, convey, transfer, or assign any or all of the foregoing areas or responsibilities to another community association, tax-exempt organization, or similar type entity with which the Association shall cooperate, perform the responsibilities and obligations as set forth therein, and share in the costs pursuant to it Covenant to Share Costs or contributions from transfer ties collected by the Asuciation as provided in Section 8.11. Any of'thp properties and responsibilities within, adjacent to, or benefiting Mediterra such as wetlands;' &ainla a areas, Conservation Areas, open spaces, signage, landscaping, and buffers may be iuclud within the jurisdiction of one or more Community Development District(s). if one or more<Cgmmunity Development District(s) are established, the Association shall cooperate with add perform the responsibilities delegated to it by such Community Development District(s). 12.2. Surface Water Management Svstem. (a) No structure of any C way change, alter, impede, revise of any portion of the Surface Water N be reserved for, drainage ways, slui in any permits therefor, or plat or in the Association and the Declarant. I be constructed or erected, nor shall an Owner in anv Lse interfere with the flow and the volume of water in System reserved for, or intended by Declarant to fox the accumulation of runoff waters, as reflected i� e rd, without the specific written permission of (b) An Owner or Neighborhood Ass6e -a ib mm and egress by Declarant, the Association or Coni Water Management System and drainage areas for mai of ingress and egress, and easements therefor are he favor of the Declarant, the Association, Community I governmental or quasi -governmental agency that m egress. hall in no way deny or prevent ingress Development Districts to such Surface lance or landscape purposes. The right ysp scifically reserved and created in ehipmtYnt Districts, or any appropriate rcoriaply require such ingress and (c) No Unit shall be increased in size by filling in ark wrater retention or drainage areas on which it abuts. Owners shall not fill, dike, rip -rap', A j&l- divert or change the established Surface Water Management System without the prio wti ten consent of the Association and the Declarant. ` (d) Water management for any Unit or Neighborhood shall be providdin accordance with the overall Surface Water Management System for the Properties. Surface--'w— er drainage and management including but not limited to, storm water treatment and storage capacity, shall conform to the overall Surface Water Management System requirements and permits for the Properties and meet with the approval of the Declarant and the Community Development Districts. (e) Lakes and spillways in any Neighborhood or Unit are part of a functioning water management system and any use by an Owner or Neighborhood Association shall be on a non- 47 OR: 2638 PG: 1014 interfering basis only. Additional on -site stormwater treatment areas may be required and constructed in the future. (f) The use of any lake or wetland within the boundary of a Neighborhood or Unit is managed by the Association. Owners shall cooperate in maintaining the same in a clean, attractive, pristine manner in order to be aesthetically pleasing. (g) No oats or other watercraft powered by gasoline or diesel fuel shall be permitted on any body.,f Aver within Properties except as may be required by the Association, the Community Dey opme�nt Districts, or the Declarant. (h) The uif p ticides in any lake or wetland is prohibited, excepting only any such use by the Association, t mmunity Development Districts, and the Declarant. (i) No wells may w gilled, dug or installed within any Unit or Neighborhood except by the Declarant or with the De larant's written consent. 12.3. Conservation Areas Any portions of the CorimpnTM E maintained and preserved by the Assocjat (, County and Collier County, Florida a The Association shall not, and it shall not a or improvements to a Conservation Area; approval of the foregoing agencies. No exi or other activity shall be permitted in a Con 12.4. Open Space and Buffers. designated as a Conservation Area shall be accordance with the rules and regulations of Lee the South Florida Water Management District. ahy Person to, undertake or perform any activity 10;e any native vegetation, without the prior ion t14cement of debris, dumping, construction, Any property conveyed or dedicated to the Assoeation, which is designated as open space, landscape buffer, preserve area, or Conservation AYea n any plat, permit, or other document recorded in the Public Records, shall be owned antained by the Association in a natural open condition. The Association or any subsequent own I rl shall not do anything that diminishes or destroys the open space, buffers, preserve area or.Con'rvation Areas, and such areas shall not be developed for any purpose except that which impro"vpr*promotes the use and enjoyment of such areas as open space. > j Any landscape buffer installed and maintained in the Common Area under requirements of Lee County or Collier County ordinances, or the requirements of any oth,, governmental entity, and which is located in an easement area shall be permanently:,paint4ined by the Association. In the event that any portion of the landscaping consisting of trees and shrubs in such easement areas are removed, the Association shall replace the trees and shrubs with like size and species as a Common Expense of the Association and without expense to Lee County and Collier County, Florida or such other governmental entity with jurisdiction over the buffer. 48 U'R; 2638 PG; 1015 12.5. Effluent Disposal and Water Supply. By the act of purchasing or occupying a Unit within the Properties, all Owners understand and irrevocably consent to the possibility of irrigation of the Common Area and other areas within the Properties with treated effluent, provided that the effluent emanates from an approved treatment plant with a current operating pennit from the State of Florida, Department of Environmental Protection, or other such agency with jurisdiction. All Unfits find Neighborhoods within the Properties shall be equipped with dual water lines, one of'whiclshal,l be designated to utilize non -potable water. All underground irrigation systems must be eonnect d to the non -potable water line and all spigots on the exterior portion of a structure shall "be,nected to the potable water line. Each Owner and Neighborhood Association shall be require to connect the water lines on his Unit or Neighborhood Common Area to the lines of thetility provider(s) providing service within the Properties. The Declarant, its designees, successors or ''ass i ns shall have the exclusive right to develop and utilize the ground and surface water' resources of the Properties for any legal purpose, including the distribution and use of such,Water:beyond the Properties. The conveyance of any Unit to an Owner or parcel to a Builder by`, ell ant does not include the right to develop or utilize the ground or surface water resources twithi r such Unit or parcel. 12.6. The Association may be responsible foringnitoring, maintaining, repairing, reporting and performing obligations arising out of an,. Eriv iopmental Permits as may be designated by Declarant from time to time. Declarant m,noty Association in writing of the applicable Environmental Permit along with a copy thercof�br�sitnimary of the monitoring, maintenance, repair, reporting or other performance obligations,. Ain Owner shall in no way deny or prevent ingress and egress by the Declarant, the Association, g �onimunity Development District(s) to areas necessary for the performance of such obi i" atris arising under such Environmental Permits. The right of ingress and egress, and easements thefefor;,are hereby specifically reserved and created in favor of the Association, any appropriate gvemental or quasi -governmental agency that may reasonably require such ingress and' e s for purposes related to any Environmental Permits, and Declarant for so long as Declarant nwrts any property described on Exhibits "A" or "B" for development and sale in the ordinary course of husiness. 12.7. Disaster Management.` The Properties are located in a hurricane vulnerability zone. The 'fidlicane evacuation time in Lee County and Collier County, Florida, is high, and hurricane shett' r Oace is limited. The Association shall have the authority to prepare disaster management plans_,.44 educational information regarding hurricane threats. The Association may, but shall not'be obligated to take reasonable precautions to mitigate the hardship caused by foreseeable natural disasters through development of disaster management plans. The Board may establish preparations for the Association and its Members, budgeting, staffing, and coordination with local authorities and with contractors, suppliers, and insurers. The expense of developing, updating and implementing the disaster management plan, if any, shall be included as a Common Expense in the Association's budget. 49 Mn uh: 2636 PG: 1016 Article XIII Exclusive Common Areas; Party Walls and Other Shared Structures 13.1. Desi tg�ation and Use of Exclusive Common Area. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of Owners and occupants within a particular Neighborhood or Neighborhoods. By way of illustration and not limitation, Exclusive Common Areas may include entry features, recreational facilities, landscaped medians and' ' 1#de-sacs, lakes and other portions of the Common Area within a particular NeighborhoodNeighborhoods. All costs associated with maintenance, repair, replacement, and urnura ce of an Exclusive Common Area shall be a Neighborhood Expense allocated among )ttelners in the Neighborhood(s) to which the Exclusive Common Areas are assigned. Initially, any Exclusive', ('ommon Area shall be designated as such in the deed conveying such area to t1 Asti ciation or on the subdivision plat relating to such Common Area; provided, however, arty such assignment shall not preclude the Declarant from later assigning use of the same,' clasive Common Area to additional Units and/or Neighborhoods, so long as the efta ant has a right to subject additional property to this Declaration pursuant to Section 9.1.'" ; Thereafter, a portion of the C ` on 'A Area and Exclusive Common Area may b wra! vote of Neighborhood Representatives rerese votes in the Association, including a " Neighborhood(s) affected by the proposed ass Declarant owns any property subject to this Decl Declaration in accordance with Section 9.1, any require the Declarant's written consent. may be assigned as Exclusive Common led upon approval of the Board and the more than 50% of the total Class "A" ,of the Class "A" votes within the petit or reassignment. As long as the Toro ��hich may become subject to this Y4,sst9'gment or reassignment shall also The Association may, upon approval of a ' m aJorit, of the members of the Neighborhood Committee or board of directors of the Nesigfiborhood Association for the Neighborhood(s) to which any Exclusive Common Area is assig, permit Owners of Units in other Neighborhoods to use all or a portion of such Exc ut�siv Common Area upon payment of reasonable user fees, which fees shall be used to bL f et, "` he Neighborhood Expenses attributable to such Exclusive Common Area. 13.2. Rules Regarding Party Structures. Each wall, fence, driveway or similar structure built as a part of the o�riginatconstruction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. If the governing documents for any Neighborhood Association include any provisions regarding party walls or structures which differ or supplement these provisions, the governing documents of the Neighborhood Association shall govern. 50 OR: 2638 PG: 1017 The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice`te right to call for a larger contribution from the other users under any rule of law regarding 1 b ityy,,for negligent or willful acts or omissions. The right'of!iy wner to contribution from any other Owner under this Section shall be artd appurtenant to the l"J skhalI pass to such Owner's successors -in -title. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV PART SIX: RELATIONW S WITHIN AND OUTSIDE THE COMMUNITV The gro►t-th and success working, and pla.ving requires g understanding of relationships it the rights of others who have an i Article XIV Dispute Resolution and Li 14.1. us a comn1unity in which people, enjov living, s to resolve disputes anucabli-, attention to and unitY and with our neighbors, and protection of Litigation Except as provided in this Section, the Associ fin. shall not commence a judicial or administrative proceeding without the approval''..at tea 75% of the Neighborhood Representatives. A Neighborhood Representative repregertfin `,Units owned by Persons other than himself shall not vote in favor of bringing or pri sen - any such proceeding unless authorized to do so by a vote of Owners of 75% of heotal number of Units in the Neighborhood represented by the Neighborhood Representative. T is*Section shall not apply, however, to (a) actions brought by the Association to enforc�the Governing Documents (including, without limitation, the foreclosure of liens); (b) the:olleeton of assessments; (c) proceedings involving challenges to ad valorem taxation; (d) cou tercl ims brought by the Association in proceedings instituted against it; or (e) actions that are etrom this provision under Florida law. This Section shall not be amended unless such amendment"i a proved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.2. Alternative Method for Resolving Disputes. The Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Properties, without the emotional 51 OR: 2638 PG: 1018 and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Section 14.3 ("Claims") to the procedures set forth in Section 14.4 prior to tiling suit in any court. 14.3. Claims. Unless specifically exempted below, all Claims arising out of or relating to the interpretation, application or enforcement of the Governing Documents, the rights, obligations and duties of 'any, ound Party under the Governing Documents, or relating to the design or construction o rmpvements on the Properties shall be subject to the provisions of Section 14.4. Notwithstanding,e above, unless all parties thereto otherwise agree, the following shall not be Claims and shanottr*subject to the provisions of Section 14.4: (a) any suit by the -Association against any Bound Party to enforce the provisions of Article VI11 (Assessments', (b) (any suit by the Asso iaiion to obtain a temporary restraining order (or equivalent emergency equitable relief) and suCh�other equitable remedies as only a court may deem necessary in order to maintain the sttus-quo and to preserve the Association's ability to enforce the provisions of Article Ill (Use and, Coif t), Article IV (Architecture and Landscaping), and Article XII (Environmental Areas and Issues), `f s (c) any suit between Owners, w ichd e&& not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents, or which is between DccWanj and a Builder arising out of the purchase and construction of one or more Units pursuant to 'co tr qual agreement; (d) any suit in which any indispensable party s trot Bound Party; (e) any suit as to which any applicable statute off days of giving the Notice required by Section 14.4(a), unless the Claim is made agree to toll the statute of limitations as to reasonably be necessary to comply with this Article; and (0 any suit that is exempt from this provision under tions would expire within 180 party or parties against whom ,C_)ao for such period as may With the consent of all parties thereto, any of the above alternative dispute resolution procedures set forth in Section 14.4. 14.4. Mandatory Procedures. mitted to the (a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: 52 OR; 2638 PG; 1019 (i) role in the Claim; Claim arises); resolve the Clam. (b) Ne the nature of the Claim, including the Persons involved and Respondent's the legal basis of the Claim (i.e., the specific authority out of which the Claimant's proposed remedy; and Claimant will meet with Respondent to discuss in good faith ways to (i) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resdIvir the Claim by good faith negotiation. If requested in writing, accompanied by a copy of tl Notice, the Board may, but is not obligated to, appoint a representative to assist the Pd es in negotiation. (ii) If the Parties Rio"ni Notice (or within such other period its°, Negotiations"), Claimant shall havO'0, a the auspices of a mediation agency retajj the community, or, if the Parties otherw resolution services in the Lee County and resolve the Claim within 30 days of the date of the be agreed upon by the Parties) ("Termination of itonal days to submit the Claim to mediation under hyf the Association to provide such services within -a O, to an independent agency providing dispute 61lrenty area. (iii) If Claimant does not sub xC'the-claim to mediation within such time, or does not appear for the mediation, Claimant shy b e med to have waived the Claim, and Respondent shall be released and discharged from any dF all liability to Claimant on account of such Claim; provided, nothing herein shall release or disch4r* Respondent from any liability to any Person other than the Claimant. ` (iv) Any settlement of the Claim through,�ediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do ot,settle the Claim within 30 days after submission of the matter to the mediation, or within uch: dime as determined by the mediator, the mediator shall issue a notice of termination' o 1l3e mediation proceedings ("Termination of Mediation"). The Termination of Mediation no �tce 'stall set forth that the Parties are at an impasse and the date that mediation was terminated.` (v) Within five days of the Termination of Mediation; 'th Claimant shall make a final written settlement demand ("Settlement Demand") to the Rendent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 53 OR: 2638 PG: 1020 14.5. Allocation of Costs of Resolvit. g Claims. Each Party shall bear its own costs, including attorneys' fees, and each Party shall share equally all charges rendered by the mediator(s). 14.6. Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with $ection 14.4 and any Party thereafter tails to abide by the terms of such agreement, fen a ``ether Party may file suit or initiate administrative proceedings to enforce such agreement 1:ar o .the need to again comply with the procedures set forth in Section 14.4. In such event, the�)taking action to enforce the agreement shall be entitled to recover from the non -complying PifAyor if more than one non -complying Party, from all such Parties pro rata) all costs incurred enforcing such agreement, including, without limitation, attorneys' fees and court costs. k 14.7. Notice of Const suction Defect Actions . J Prior to filing a civil acttot(a- a01st Declarant or any Builder of any portion of Mediterra, the Association or an Owner muss noltfy the Builder and the Declarant, participate in the alternative dispute resolution procedUres.,�Set forth in this Article unless exempted by the provisions of this Article or Florida lave ancfgtve the Builder and the Declarant an opportunity to inspect and make a settlement offer prior -,to i,n§tituting a suit. 14.8. R No Person shall retain an expert for the* e of any structures or improvements within the ProperCie connection with or in anticipation of any potenti°"e involving such design or construction unless Declara» t construction have been notified in writing and given at the property to discuss the owner's concerns and conduct Article XV Private Amenities 15. 1. General. f inspecting the design or construction including Common Area and Units, in -pending claim, demand or litigation lttr,.Builder involved in the design or ipboil0nitv to meet with the owner of inspection. Neither membership in the Association nor ownership or occupa ey cif • Unit shall confer any ownership interest in or right to use any Private Amenity. No Priv'Ate fail is Common Area. Rights to use the Private Amenities will be granted only to such persof s;:and on such terms and conditions, as may be determined from time to time by the respective o%vners of the Private Amenities. The owners of the Private Amenities shall have the right, from time to time in their sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of their respective Private Amenities, including, without limitation, eligibility for and duration of use rights, categories of use and extent of use privileges, and number of users, and shall also have the right to reserve use rights and to terminate use rights altogether, subject to the terms of any written agreements with their respective members. 54 QR: 2638 Pv: 1021 l 5.2. Conveyance of Private Amenities. All Persons, including all Owners, are hereby advised that no representations or warranties have been or are made by Declarant, the Association, any Builder, or by any Person acting on behalf of any of the foregoing, with regard to the continuing ownership or operation of any Private Amenity, and no purported representation or warranty in such regard, either written or oral, shall be effective unless specifically set forth in a written instrument executed by the record owner of the Private Amenity. Further, the ownership or operation of the Private Amenity may change at y-tt a by virtue of, but without limitation, (a) the sale to or assumption of operations of anX vate..,Amenity by a Person other than the current owner or operator; (b) the establishment of, or.`con� rsion of the membership structure to, an "equity" club or similar arrangement whereby th embers of the Private Amenity or an entity owned or controlled by its members become the owner(s)>.and/or operator(s) of the Private Amenity; or (c) the conveyance of any Private Amenity, to one or more of Declarant's affiliates, shareholders, employees, or independent contractors. I Coriseckt of the Association, any Neighborhood Association, any Neighborhood Representative; o any Owner shall not be required to effectuate any change in ownership or operation of any' �Private-Amenity, for or without consideration and subject to or free of any mortgage, covenant, liens ©tier encumbrance. 15.3. View Impairment. Declarant, the Association, or the',own"er Hof any Private Amenity, does not guarantee or ss represent that any view over and acrothe Ptli 1v"ai&,,Amenity from Units adjacent to the Private Amenity will be preserved without impainir`:, �av ers of the Private Amenities, if any, shall have no obligation to prune or thin trees or oihe"` r lat�scaping, and shall have the right, in their sole and absolute discretion, to add trees and othm� lar scaping to the Private Amenities from time to time. In addition, the owner of any Private nyeni( 1vhich includes a golf course may, in its sole and absolute discretion, change the location, co"uritton, size and elevation of the trees, bunkers, fairways and greens from time to time. Any suOr addoions or changes may diminish or obstruct any view from the Units and any express or imnli�e.ements Ibr view purposes or for the passage of light and air are hereby expressly disclaimed. 15.4. Rights of Access and Parking. There is hereby established for the benefit of the Private -ite tyYand their members (regardless of whether such members are Owners hereunder), guests, in `v ees employees, agents, contractors, and designees, a right and nonexclusive easement of , 'ss ;arid use over all roadways located within Mediterra reasonably necessary to travel between entrance to Mediterra and the Private Amenity and over those portions of Mediterra (whether ommon Area or otherwise) reasonably necessary to the operation, maintenance, repair, and:replment of the Private Amenity. Without limiting the generality of the foregoing, members of the Private Amenity and guests and invitees of the Private Amenity shall have the right to park their vehicles on the roadways located within Mediterra at reasonable times before, during, and after tournaments and other similar functions held by or at the Private Amenity to the extent that the Private Amenity has insufficient parking to accommodate such vehicles. 55 On: 2638 PG: 1022 15.5. Architectural Control. Declarant, the Association, any Neighborhood Association, or any committee shall not approve any construction, addition, alteration, change, or installation on or to any portion of Mediterra which is adjacent to, or otherwise in the direct line of sight of', any Private Amenity without giving the Private Amenity at least 15 days' prior written notice of its intent to approve the same together with copies of the request and all other documents and information finally submitted in such, rgard. The Private Amenity shall then have 15 days to respond in writing approving or dippro ing the proposal, stating in detail the reasons for any disapproval. The failure of the Priva s menity to respond to the notice within the 15-day period shall constitute a waiver of the Privateme Y ity's right to object to the matter. This Section shall also apply to any m work on the Comon k `or any common property or common elements of a Neighborhood Association, if any. 15.6. Limitations on Amendments. In recognition of the fa that, the provisions of this Article are for the benefit of the Private Amenity, no amendment to=1in `>Article, and no amendment in derogation of any other provisions of this Declaration bene any Private Amenity, may be made without the written approval of the Private Amenity. The`"foreg6ing shall not apply, however, to amendments made by Declarant., 15.7. Jurisdicti It is Declarant's intention that the Assocoiiotear the maximum extent possible in the operation of 1VIVait reasonably assist the other in upholding the maintenance and the Design Review Guidelines. T promulgate Use Restrictions or Rules other than those,s on or use of the Private Amenity without the prior wri Amenity affected thereby. 15.8. Assumption of Risk and Indemnification. the Private Amenity shall cooperate to a and the Private Amenity. Each shall sty -Wide Standard as it pertains to association shall have no power to forth'in Exhibit "C" affecting activities � eorfsept of the owners of the Private Each Owner, by its purchase of a Unit in the vicinity of ,any 'Pirivate Amenity, hereby expressly assumes the risk of noise, personal injury or property damagcaued by maintenance and operation of any such Private Amenity, including, without liniitati, t (a) noise from maintenance equipment (it being specifically understood that such main enatfce: typically takes place around sunrise or sunset); (b) noise caused by golfers; (c) use of pest cities herbicides and fertilizers; (d) use of effluent in the irrigation or fertilization of any golf course; (c) reduction in privacy caused by constant golf traffic on the golf course or the removal or prunTn of shrubbery or trees on the golf course; (f) errant golf balls and golf clubs; and (g) design of the golf course. Each such Owner agrees that neither Declarant, the Association nor any of Declarant's affiliates or agents shall be liable to Owner or any other person claiming any loss of damage, including, without limitation, indirect, special or consequential loss or damage arising from personal injury, destruction of property, trespass, loss of enjoyment or any other alleged wrong W OR; 2638 PG; 1023 or entitlement to remedy based upon, due to, arising from or otherwise related to the proximity of Owner's Unit to any golf course, including, without limitation, any claim arising in whole or in part from the negligence of Declarant, any of Declarant's affiliates or agents or the Association. The Owner hereby agrees to indemnify and hold harmless Declarant, Declarant's affiliates and agents and the Association against any and all claims by Owner's visitors, tenants and others upon such Owner's Unit. Article XVI Mortimpee Provisions 'fhe folio in% provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Unrts inY the Properties. The provisions of this Article apply to both this Declaration and to�t1 , y-Lws, notwithstanding any other provisions contained therein. 16.1. Notices of Action, An institutional holder,.nsurer, or guarantor of a first Mortgage who provides a written request to the Association (such re 4est to state the name and address of such holder, insurer, or guarantor and the street address'oheJnit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled"Wktintely written notice of: (a) Any condemnation loss, the Properties or which affects any U guaranteed by such Eligible Holder, asualty loss which affects a material portion of hich there is a first Mortgage held, insured, or (b) Any delinquency in the paymcttt subject to the Mortgage of such Eligible Holder period of 60 days, or any other violation of the Go Owner or occupant which is not cured within 60 d; (c) Any lapse, cancellation, or material maintained by the Association; or (d) Any proposed action which would require the Eligible Holders. 16.2. No Priority. nts or charges owed by a Unit delinquency has continued for a ments relating to such Unit or the of any insurance policy Ufa specified percentage of No provision of this Declaration or the By -Laws gives or shall be-corist as giving any Owner or other party priority over any rights of the first Mortgagee of any Untie the case of distribution to such Owner of insurance proceeds or condemnation awards�tur losses to or a taking of the Common Area. 16.3. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of tLe holder of any Mortgage encumbering such Owner's Unit. 57 On: 2638 PG: 1024 16.4. Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 16.5- ; Coikitruction of Article XVI. Nothing�6'ined in this Article shall be construed to reduce the percentage vote that must otherwise be 6btai4d,under the Declaration, By -Laws, or Florida law for any of the acts set out in this Article. PART SEVEN: CHANGES,t,NkTHE COMMUNITY Communities such as Vditerra (ire di'namic and c'onsiantiv evolving as circumstances, technologt-, needs and desires and taus change, as the residents age anct change over time, anet as the surrounding contnrtutity chu�q es. Mediterra and its governing documents must he able to adapt to these changes while proteg tie=things that make Alediterra special. Article XVII Changes in Owners Any Owner desiring to sell or othq i+'i e,Jran Board at least seven days' prior written notige" Ot t transferee, the date of such transfer of title, a-s, reasonably require. The transferor shall continue ;t transferee for all obligations of the Owner of the Unit,, date upon which such notice is received by the Board, transfer may be subject to assessment in accordance wi Article XVlll Changes in Common Area 18.1. Condemnation. sfer title to his or her Unit shall give the e name and address of the purchaser or uch other information as the Board may * o ntly and severally responsible with the inc,luding assessment obligations, until the nai%tltanding the transfer of title. Such ih 'SectibriS, 8.10 and 8.11. If any part of the Common Area shall be taken (or conveyed in 1etuo0h and under threat of condemnation by the Board) by any authority having the power of=co mnation or eminent domain, each Owner shall be entitled to written notice of such taking- qr c neyance prior to disbursement of any condemnation award or proceeds from such conveyance. uch award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking the Declarant, so long as the Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Neighborhood Representatives representing at least 75% of the total Class "A" votes of the 58 "'R; 1638 PG. 1025 Association shall otherwise agree approved by the Board. The improvements shall apply. . Any such construction shall be in accordance with plans provisions of Section 7.3(c) regarding funds for restoring If the taking or conveyance does not involve any improvements oil the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purples as the Board shall determine. 18.2. Except as perm�4ed=:,in this Declaration, the Common Area shall remain undivided, and no Person shall bring any.Act on for partition of any portion of the Common Area without the written consent of all OWners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may-nd#besubject to this Declaration. 18.3, Transfer or Dqddicatina—.01 Uommon Area. The Association may dedtcatt; portions of the Common Area to Lee County and Collier County, Florida, or to any other loi, ta'te, or tederal governmental or quasi -governmental entity. Article XIX Amendment of Decla 19.1. By _Declarant. In addition to specific amendment rights grants elsewhere in this Declaration, until termination of the Class "B" membership, Declarantma), unt aterally amend this Declaration for any purpose so long as such amendment does not sultaitially conflict with the Master Plan; provided, however, any amendment which would affect.heirf4ce Water Management System, including the rights and obligations of the Association to'fultiell, such rights and obligations, must have the prior approval of the South Florida Water Mar Bment Distract. Thereafter, the Declarant may unilaterally amend this Declaration if such anientent is necessary (a) to bring any provision into compliance with any applicable governmental 's atute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance com any`jo issue title insurance coverage on the Units; (c) to enable any institutional or governmental le er, purchaser, insurer or guarantor of mortgage loans, including, for example, the Fe eraV N:a tional Mortgage Association or Federal Home Loan Mortgage Corporation, to make,',p'tirchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of arty local, state or federal governmental agency. However, any such amendment shall not ad%erseC affect the title to any Unit unless the Owner shall consent in writing. In addition, so long as the Declarant owns property described in Exhibits "A" or "B" for development as part of the Properties, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner. 59 OR: 2638 PG: 1026 19.2. By I embers. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Neighborhood Representatives representing 75" o of the total Class "A" votes in the Association, and the consent of the Declarant, so long the Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. Not'A'ihmAn . ng the above, the percentage of votes necessary to amend a specific clause shall not I: I ss to Ahe prescribed percentage of affirmative votes required for action to be taken under that clause;. 19.3. No amendment may rent ve, revoke, or modify any right or privilege of the Declarant, the Class "B" Member, lu lder without the written consent of the Declarant, the Class "B" Member, or the Builder, respectively (or the assignee of such right or privilege). lie If an Owner consents to any- 'amendment to this Declaration or the By -Laws, it will be conclusively presumed that such Ow;%� e�h`as the authority to consent, and no contrary provision in any Mortgage or contract between,,1t4 ner and a third party will affect the validity of such amendment. q Any amendment shall become eff cti% later effective date is specified in the ametiM must be made within six months of its records been validly adopted. In no event shall a c amend any provisions of this Declaration. 19.4. Exhibits. recording in the Public Records, unless a iy procedural challenge to an amendment h:h amendment shall be presumed to have rc nditions or circumstances operate to Exhibits "A," "B," and "D" are attached to this ,De ' ration are incorporated by this reference and amendment of such exhibits shall be governed .by, this Article. Exhibit "C" is attached for informational purposes and may be amended as proy` ded in Article 111. Exhibit "D" may be amended as provided therein. ®� , [SIGNATURES ON FOLLOWING PAGE] 69 OR: 2638 PG: 1011.11 IN WITNESS WHEREOF, the Declarant, LONG BAY PARTNERS LLC, a Florida limited liability company, through its undersigned managing membe , has duly executed this Declaration and affixed its corporate seal thereto as of this, day of , 2000. DECLARANT: LONG BAY as LLC, a Florida limited liability company By: Bonita Bay Properties, Inc., a Florida co ration, its managing member, B _ 4 y. WITNESS Tt:�NAN1 Sus I. Watts, c ent Attes ITNES y thvY ` kkwl It . r r _ [CORPORATE SEAL] STATE OF FLORIDA , COUNTY OF LEE'. � f The foregoing instrument was ackn6i 2000, by Susan H. Watts rida corp4ation, on behalf of such entity. a- $,Ieutification a Given under my hand and official seal this My term of office expires on 9-1 7-Da . CgggASEAL] NOTARY PUBLIC MI ELE A. JONES 53 f 4/Mediterra/CADocs/CCR/0 i 2400/ARD before me this 21 day of President for Bonita Bay Properties, Inc., a 3ersonally known to me orhasproduced lid-"ot) take an oath. 2000. COMMISSION r CC 7SM PIPES. SOPWnb4r 17, 20U! OR; 2638 PG; i028 EXHIBIT "A►" Land Initially Submitted Neighborhood Designation: ViWnmifier OR: 2638 PG: 1029 Description of the proposed plat of Mediterra Unit One, being a part of Sections 11 and 12, Township 48 South Range 25 East, Collier County, Florida All that part of Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the northwest corner of said Section 12; thence along the north line of said Section 12, North 88057'56" East 435.84 feet to the Point of Beginning of the parcel herein described; thence cog"tie along said line, North 88057'56" East 70.70 feet; thence leavinaid section line, South 35054'55" East 510.56 feet; thence sou tf or " 1 1.95 feet along the arc of a tangential circular curve concave to the west ha, a r dies of 1079.00 feet through a central angle of 60006'28" and being subtended by ,fiord which bears South 05051'42" East 1080.76 feet; thence South 650150 East 40.06 feet; thence South 240481,0'We t 30.00 feet; thence North 65011'5b" 1N st 40.16 feet; thence southwesterly 21.70 feet -along the arc of a tangential circular curve concave to the northwest having a r4 of 1079.00 feet through a central angle of 01 °09'07" and being subtende#Iiy a- chord which bears South 26021'41" West 21.70 feet; thence South 26056' 15" West 204 feet; thence southerly 268.33 feet alon e a of a tangential circular curve concave to the east having a radius of 321.00 fee through a central angle of 47053'40" and being subtended by a chord which bearsobtt102°59'25" West 260.58 feet; thence South 20057'25" East 220.43 feet; >. thence southerly 122.10 feet along the arc a tangential circular curve concave to the southwest having a radius of 1029.00 feet thr igh a central angle of 06°47'55" and being subtended by a chord which bears S`vf,i7°33'27' East 122.03 feet to a point of reverse curvature;_ thence southeasterly 126.10 feet along the arc of tavige ° tial circular curve concave to the northeast having a radius of 483.00 ferough a central angle of 14°57'33" and being subtended by a chord which bears Soh 21138'16" East 125.75 feet to a point of compound curvature; 4 thence southeasterly 150.56 feet along the arc of a tangentiaLl rcilar curve concave to the northeast havinga radius of 150.00 feet throe g.a" � ntral angle of 57030'40" and being subtended by a chord which bears South`-',E'2• " East 144.32 feet to a point of reverse curvature; thence easterly 278.43 feet along the arc of a tangential circular curve concave to the South having a radius of 817.00 feet through a central angle of 19--334" and being subtended by a chord which bears South 76051'56" East 277.08 feet; thence South 67°06'09" East 282.20 feet; thence easterly 162.97 feet along the arc of a tangential circular curve concave to the north having a radius of 158.00 feet through a central angle of 59005'49" and being subtended by a chord which bears North 83020'57" East 155.84 feet; thence North 53048'02" East 86.15 feet; Naples Fort Myers Sarasota 8rsdeatoa ramps wa...ru v.«.asp. 37W BaNey 1 ane, SuNe 200 Naples, FkY da 3a106-B507 gar -sag-40a0 W 8a r-643-sirs (y . awsai4« • WWw.Wboamlllercam W.Isow«."00wt « <,C , LC caoo„o EXHIBIT A PAGE 1 OF 23 wilsonmiller OR: 2638 PG: 1030 thence northeasterly 96.27 feet along the arc of a tangential circular curve concave to the south having a radius of 107.00 feet through a central angle of 51 °33'08" and being subtended by a chord which bears North 79°34'36' East 93.06 feet to a point of reverse curvature; thence easterly 75.98 feet along the arc of a tangential circular curve concave to the north having a radius of 133.00 feet through a central angle of 32043'50" and being subtended by a chord which bears North 88059'15' East 74.95 feet to a point of reverse curvature; thence southeasterly 279.93 feet along the arc of a tangential circular curve concave tohsouth having a radius of 260.00 feet through a central angle of 61-41'15'` anindb4ing subtended by a chord which bears South 76°32'03" East 266.60 feet: thence South'45ZIy__91-,.,,3.9 25"East 255.98 feet; thence southeas feet along the arc of a tangential circular curve concave to the northeast haring- a radius of 184.00 feet through a central angle of 28027'28" and being subtended, by"a cord which bears South 59055'09' East 90.45 feet to a point of compound curtra e; thence northeasterly 93:,rfeet. Tong the arc of a tangential circular curve concave to the north having a radius pf-50.W feet through a central angle of 106042'20" and being subtended by a chordwtjj6fi bears North 52029'56' East 80.23 feet; thence South 00051'14' East 215SQ finet; thence northwesterly 72.96 feet af060he arc of a tangential circular curve concave to the southwest having a radius of50 Ofeet through a central angle of 83036'30' and being subtended by a chord whci bear` North 42°39'28' West 66.66 feet to a point of reverse curvature; thence northwesterly 200.30 feet along the concave to the northeast having a radius o 38046'18" and being subtended by a chord 196.50 feet; thence North 45041'25' West 255.98 feet; a tangential circular curve 0 feet through a central angle of gears North 65°04'34" West thence westerly 247.63 feet along the arc of a tangenal . ircular curve concave to the south having a radius of 148.00 feet through a cehraangle of 95051'54- and being subtended by a chord which bears South 86022'38' est 219.74 feet to a point of reverse curvature; thence southwesterly 83.72 feet along the arc of a tangerttial'c ar curve concave to the north having a radius of 83.00 feet through a central a,' ley 57047'40" and being subtended by a chord which bears South 67020'31' We 0.?2, eet; thence North 8304539" West 216.44 feet; thence westerly 84.90 feet along the arc of a tangential circular curve concave to the north having a radius of 292.00 feet through a central angle of 1693TI1" and being subtended by a chord which bears North 75025'54' West 84.60 feet; thence North 67006'09" West 258.89 feet; thence westerly 281.58 feet along the arc of a tangential circular curve concave to the south having a radius of 508.00 feet through a central angle of 31°45'31" and being subtended by a chord which bears North 82058'54' West 277.99 feet; IYVNUiI! V_ Mt 4/ad. 412Ma/aw.• EXHIBIT A PAGE 2 OF 23 wiIsoiiMiller OR: 2638 PG: 1031 thence southwesterly 85.69 feet along the arc of a tangential circular curve concave to the southeast having a radius of 148.00 feet through a central angle of 33°10'28" and being subtended by a chord which bears South 64°33'06" West 84.50 feet; thence South 47057'52" West 24.30 feet, thence southerly 116.09 feet along the arc of a tangential circular curve concave to the east having a radius of 183.00 feet through a central angle of 36020"51" and being subtended by a chord which bears South 29°47'27' West 114.16 feet; thence South 11 °37'01 " West 232.94 feet thence southery 328.08 feet along the arc of a tangential circular curve concave to the east h xn6 " � adius of 771.00 feet through a central angle of 24022'51" and being subte ,a chord which bears South 00034'25' East 325.61 feet; thence South'1°45' 0" East 477.68 feet; thence southeat" 61,: 39 feet along the arc of a tangential circular curve concave to the east having a radius of 183.00 feet through a central angle of 16°05'18and being subtended by chord which bears South 20048'29' East 51.22 feet to a point of reverse curvature; thence southerly 56.16 fee along the arc of a tangential circular curve concave to the west having a radius 6f 200:00 feet through a central angle of 16005'18" and being subtended by a chord iic� bears South 20048'29" East 55.97 feet; thence South 12045'50" East`7§ i2 feet; thence southerly 109.04 feet al`*Ih� arc of a tangential circular curve concave to the west having a radius of 400:09'feet through a central angle of 15037'06' and being subtended by a chord whic ears)South 04057'17' East 108.70 feet to a point of compound curvature; thence southwesterly 534.60 feet al6ncq'#4�4'c of a tangential circular curve concave to the northwest having a radius 04,�5.00 feet through a central angle of 42°14'54" and being subtended by a cho" I tch" bears South 23058'43" West 522.57 feet to a point of compound curvature; thence southwesterly 61.93 feet along the ar' ;&'a Tangential circular curve concave to the northwest having a radius of 200.00 feet tl'uogii,a central angle of 17044'25' and being subtended by a chord which bears South 3950'22" West 61.68 feet to a point of reverse curvature; thence southwesterly 46.09 feet along the arc of a tangentiat circular curve concave to the southeast having a radius of 283.00 feet through aediintral angle of 09019'56' and being subtended by a chord which bears South 580107 West 46.04 feet to a point of reverse curvature; thence southwesterly 318.47 feet along the arc of a tangential c ' utar curve concave to the northwest having a radius of 679.00 feet througlo at tral angle of 26052'22" and being subtended by a chord which bears South S6°56'" West 315.55 feet; thence South 80023'01' West 278.07 feet; thence westerly 372.57 feet along the arc of a tangential circular curve concave to the north having a radius of 629.00 feet through a central angle of 33056'15" and being subtended by a chord which bears North 82138'51' West 367.15 feet to a point of reverse curvature; 6&'"4"" •""'" EXHIBIT A PAGE 3 OF 23 NruoMInCI OR: 2638 PG: 1032 thence westerly 246.30 feet along the arc of a tangential circular curve concave to the south having a radius of 571.00 feet through a central angle of 24142'51" and being subtended by a chord which bears North 78002'09" West 244.39 feet to a point of reverse curvature; thence westerly 174.21 feet along the arc of a tangential circular curve concave to the north having a radius of 769.00 feet through a central angle of 12°58'47" and being subtended by a chord which bears North 83054'11" West 173.84 feet to a point of reverse curvature; thence westerly 44.83 feet along the arc of a tangential circular curve concave to the south" aNi 7 radius of 283.00 feet through a central angle of 09004'32" and being subtera b a chord which bears North 81 °57'04" West 44.78 feet to a point of reverse curvature; thence westerly.. 7 feet along the arc of a tangential circular curve concave to the north having a r of 200.00 feet through a central angle of 17031'23" and being subtended bachord which bears North 77043'38" West 60.93 feet; thence North 68057'57" Weo 300.77 feet; thence northwesterly 219.0 feet along the arc of a tangential circular curve concave to the northeast iaying-a radius of 730.00 feet through a central angle of 17*11'39* and being subtended 14 a chord which bears North 60022'07" West 218.25 feet; thence North 51 °46' 18* West 24 '. 9 G et; thence northwesterly 72.10 feet ongjhe arc of a tangential circular curve concave to the northeast having a radius of227',, � feet through a central angle of 18°11'57" and being subtended by a chord whir i bears North 42-40'19" West 71.80 feet to a point of reverse curvature;:" thence northwesterly 101.82 feet along the c of a tangential circular curve concave to the southwest having a radiu o 260. o feet through a central angle of 29010'05' and being subtended by a chord whach,�dears North 48009'23' West 100.72 feet to a point of compound curvature, thence westerly 467.46 feet along the arc of a tanger�tiat circular curve concave to the south having a radius of 730.00 feet through cera angle of 36041'24" and being subtended by a chord which bears North 81 °05West 459.52 feet; thence South 80034'10" West 131.79 feet; thence southwesterly 35.09 feet along the arc of a tangs tiakcrcular curve concave to the north having a radius of 829.00 feet through a centraf angle of 02025'31" and being subtended by a chord which bears South 81 °46'56" Wst 3 Q9 feet; thence South 06010'30* East 40.09 feet; thence South 83049'30" West 30.00 feet; thence North 061D10'30' West 40.00 feet; thence South 83049'30" West 424.24 feet; F _.._ thence northeasterly 424.49 feet along the arc of a tangential circular curve concave to the north having a radius of 538.00 feet through a central angle of 45°12'26' and being subtended by a chord which bears North 73034'17" West 413.56 feet to a point of compound curvature; thence northwesterly 301.02 feet along the arc of a tangential circular curve concave to the northeast having a radius of 582.00 feet through a central angle of EXHIBIT A PAGE 4 OF 23 WiIs¢nMiller CR; 2638 PV; 1033 29°38'03" and being subtended by a chord which bears North 36°09'02" West 297.67 feet; thence North 21020'01" West 98.51 feet; thence northwesterly 70.68 feet along the arc of a tangential circular curve concave to the northeast having a radius of 1000.00 feet through a central angle of 04002'58" and being subtended by a chord which bears North 19018'32" West 70.66 feet; thence North 17017'02" West 219.84 feet; thence northwesterly 186.29 feet along the arc of a tangential circular curve concave to the southwest having a radius of 900.00 feet through a central angle of 11°51'36" d-b ing subtended by a chord which bears North 23012'50" West 185.96 feet -,- thence North 4008 38" West 369.22 feet; thence northert'y..3�49:55 feet along the arc of a tangential circular curve concave to the east having a r uof 450.00 feet through a central angle of 44031'10" and being subtended by a chord which bears North 06053'03" West 340.92 feet; thence North 15022`g1' East 151.09 feet; thence South 74037'29'st 100.00 feet; thence South 15022'31' est 147.61 feet; thence southeasterly 271.95 feeialong the arc of a tangential circular curve concave to the east having a-radivs=of 350.00 feet through a central angle of 44031'10" and being subtendecKfyGhord which bears South 06053'03" East 265.16 feet;'�`. thence South 29008'38" East 434 thence southeasterly 124.64 feet at g the "arc of a tangential circular curve concave to the west having a radius OM9.l feet through a central angle of 11021'13" and being subtended by a chi, ibh bears South 23028'01East 124.44 feet; thence South 17047'25" East 149.45 feet; thence southeasterly 50.57 feet along the art;`af,a larjgential circular curve concave to the northeast having a radius of 1000.00 feet:"thrbugba a central angle of 02053'51" and being subtended by a chord which bears S utW 19° 4'20" East 50.57 feet; thence South 20041'16" East 189.68 feet; thence southeasterly 487.72 feet along the arc of a tang Aal. circular curve concave to the northeast having a radius of 500.00 feetthr,piugh a central angle of 55°53'21 " and being subtended by a chord which bears Sj' 8° 7'56" East 468.62 feet; thence South 76°34'37" East 29.52 feet; thence easterly 176.16 feet along the arc of a tangential circular cup )concave to the north having a radius of 515.00 feet through a central angle of 19035'53" and being subtended by a chord which bears South 86122'33" East I M-30 66t; thence North 83049'30' East 355.80 feet; thence northeasterly 181.62 feet along the arc of a tangential circular curve concave to the north having a radius of 771.00 feet through a central angle of 13°29'49" and being subtended by a chord which bears North 77004'36" East 181.20 feet to a point of reverse curvature; EXHIBIT A PAGE 5 OF 23 Wilslpnmiller OR: 2638 PG: 1034 thence easterly 250.62 feet along the arc of a tangential circular curve concave to the south having a radius of 401.00 feet through a central angle of 35°48'35" and being subtended by a chord which North 88013'59" East 246.56 feet; thence South 73051'44" East 106.00 feet; thence southeasterly 451.48 feet along the arc of a tangential circular curve concave to the southwest having a radius of 800.00 feet through a central angle of 32°20'05" and being subtended by a chord which bears South 57041'41" East 445.51 feet to a point of reverse curvature; thence southeasterly 92.97 feet along the arc of a tangential circular curve concave to the norf�`st aving a radius of 520.00 feet through a central angle of 10014'40' and being .� ended by a chord which bears South 46°38'58" East 92.85 feet; thence South °4 '18" East 39.05 feet; thence southeas Y1A95.06 feet along the arc of a tangential circular curve concave to the northeast having a radius of 650.00 feet through a central angle of 17011'39" and being subtended by a chord which South 60022'07' East 194.33 feet; thence South 68°57'57`�,East 323.92 feet; thence easterly 28.4�'feealong the arc of a tangential circular curve concave to the south having a radius of 200.0fl.,feet through a central angle of 08008'38' and being subtended by a chord whiclybeas South 64°53'38' East 28.40 feet to a point of reverse curvature;, thence easterly 56.14 feet along tf e;orc of a tangential circular curve concave to the north having a radius of 183.00 fpet`through a central angle of 17034'324 and being subtended by a chord which bear '"0 69036'35' East 55.92 feet to a point of compound curvature; thence easterly 148.85 feet along the,, 6 a tangential circular curve concave to the north having a radius of 711.00 feet t u�,gh a central angle of 11 059'44" and being subtended by a chord which bear; th,.84°2343' East 148.58 feet to a point of reverse curvature; . thence easterly 271.31 feet along the arc of, an ehtial circular curve concave to the south having a radius of 629.00 feet througt�.a�bntral angle of 24042'51 ` and being subtended by a chord which bears South 7' 10 0 ` East 269.22 feet to a point of reverse curvature; thence easterly 338.22 feet along the arc of a tangential circular curve concave to the north having a radius of 571.00 feet through a cents an le of 33°56'15' and being subtended by a chord which bears South 82°38'54"fast 3,33.29 feet, thence North 80023'01" East 278:07 feet, thence northeasterly 265.79 feet along the arc of a tangenfi � ., c lar curve concave to the north having a radius of 621.00 feet through a cents angle of 24031 *21" and being subtended by a chord which bears North 68°07'2 ",. East 263.76 feet to a point of compound curvature; F -. thence northeasterly 61.67 feet along the arc of a tangential circular curve concave to the northwest having a radius of 183.00 feet through a central angle of 19018'27" and being subtended by a chord which bears North 46°12'27" East 61.38 feet to a point of reverse curvature; thence northeasterly 37.28 feet along the arc of a tangential circular curve concave to the southeast having a radius of 200.00 feet through a central angle of 10°40'44" .&W"." A Vim. Nl "&" GNMO'40 EXHIBIT A PAGE 6 OF 23 WIS097miller 2.638 FV. 1035 and being subtended by a chord which bears North 41 °53'36' East 37.22 feet to a point of reverse curvature; thence northeasterly 411.88 feet along the arc of a tangential circular curve concave to the northwest having a radius of 643.00 feet through a central angle of 36142'05' and being subtended by a chord which bears North 28052'55" East 404.87 feet to a point of compound curvature; thence northerly 186.62 feet along the arc of a tangential circular curve concave to the west having a radius of 459.00 feet through a central angle of 23°17'43" and being subtended by a chord which bears North 01 °06'59" West 185.34 feet; thence N h,!12°45'50" West 72.50 feet; thence norther y 50.20 feet along the arc of a tangential circular curve concave to the east havinga r' dius of 200.00 feet through a cenkal angle of 14°22'49" and being subtended b i A chord which bears North 0503426' West 50.07 feet to a point of reverse curvature; thence northerly 4.93 feet along the arc of a tangential circular curve concave to the west having a radius ,p(l83.00 feet through a central angle of 14022'49" and being subtended by a chgird which bears North 05034'26" West 45.81 feet; thence North 12045'504�West t:82 feet; . thence South 77014'10" We40,00 feet; thence North 12045'50' Wesi_10 00 feet; thence North 77014'10' East 40'ft; thence North 12045'50" West 44 ;86 fe6t; thence northerly 352.76 feet along4 air of a tangential circular curve concave to the east having a radius of 829.00 fet thr` o gh a central angle of 24022'51' and being subtended by a chord which bea"a 00°34'25" West 350.11 feet; thence North 11 °37'01' East 7.69 feet; , thence northerly 273.29 feet along the arc," rc of aan. ential circular curve concave to the west having a radius of 933.00 feet through, central angle of 16°46'59" and being subtended by a chord which bears Northat3'1' East 272.32 feet to a point of compound curvature; ' thence northwesterly 72.05 feet along the arc of tan =ial circular curve concave to the west having a radius of 148.0 feet through a ce1 angle of 27053'33" and being subtended by a chord which bears North 19006-45" Wes 71.34 feet to a point of reverse curvature; thence northerly 135.05 feet along the arc of a tangential c car.,c�jrve concave to the east having a radius of 117.00 feet through a central angle ofr 6008'07" and being subtended by a chord which bears North 000 00'32" East 127.ti 8eet to a point of reverse curvature; ) thence northerly 71.86 feet along the arc of a tangential circular curve c cave to the west having a radius of 148.00 feet through a central angle of 2749'03" and being subtended by a chord which bears North 19010'05" East 71.15 feet to a point of compound curvature; thence northerly 255.32 feet along the arc of a tangential circular curve concave to the west having a radius of 558.00 feet through a central angle of 26012'58" and being subtended by a chord which bears North 07°50'56" West 253.10 feet; thence North 20057*25" West 175.59 feet; 000MYN! V. so - Mil. 4MV1.n . EXHIBIT A PAGE 7 OF 23 WIs087MMer GR; 2638 PG; 1036 thence northeasterly 316.81 feet along the arc of a tangential circular curve concave to the east having a radius of 379.00 feet through a central angle of 47053'40" and being subtended by a chord which bears North 02059'25" East 307.67 feet; thence North 26056'15" East 204.50 feet; thence northeasterly and northwesterly 1110.70 feet along the arc of a tangential circular curve concave to the west having a radius of 1021.00 feet through a central angle of 62019'47" and being subtended by a chord which bears North 04013'39" West 1056.74 feet; thence North 3°54'55" West 550.99 feet to the Point of Beginning of the parcel herein des ribt¢" Subject to easements and restrictions of record. Containing 21.894cfei More or less. Bearings are based on tot a State Plane Coordinate System East Zone as the north line of Section 12, being North 8805756" East. Certificate of authorizatidn #I_-B 43. WilsonMiller, Inc. Registered Engineers and Land,(ury ygrs ' Date John ElBoutwell, P.S.M. #3934 Not valid unless embossed with the WMM-aw Vr M -M&P. pM{p/�M-I EXHIBIT A PAGE 8 OF 23 OR: 2638 PG: 1037 LEGAL DESCRIPTION BEING PART OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (MEDITERRA PARCEL 100) COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST''/. OF SECTION 12, TOWNSHIP 48 SOUTti, RANGE 25 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALO� C T,I{E EAST LINE OF THE NORTHWEST !/. OF SAID SECTION 12, SOIJ"I'Ei 00050'59" 1+`fIST7 . 0 FEET; THENC, LEAVING SAID EAST LINE SOUTH 89°09'01" WEST 2025.39 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF MEDITERRA CIRCLE (FUTURE ROADWAY) AND BEING -I, 0,91NT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG.SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES; (1) THENCE SOUTH 35°54'55" EAST 227.74 FEET; (2) THENCE SOUT!40 Y 1120.02 FEET ALONG nif ARC OF A TANGENTIAL CIRCULAR CORV'tONCAVE TO'THt? WEST HAVING A RADIUS OF 1021.00 FEET THROUGH A CE RAL ANGLE OF 62,151' 10" AND BEING SUBTENDED BY A CHORD WHICH EAR '0UTH 04"29'20" EAST 1064.70 FEET; (3) SOUTH 26-56'15" WEST 20 .50 FEET, (4) THENCE SOUTHERLY 3� 6.81'FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAC�;E'FO THE EAST HAVING A RADIUS OF 379.00 FEET THROUGH A CENTRAL ANG, E OF 47°53'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTW028*59 25" WEST 307.67 FEET; (5) THENCE SOUTH 20-57.25" EIS 2 FEET; THENCE LEAVING SAID WESTER 1L , RIGHT-OF-WAY SOUTH 69°02'35" WEST 89.70 FEET; THENCE SOUTHWESTERLY 9.21 FE �Oi THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE'TO THE."T11 HAVING A RADIUS OF 55.00 FEET THROUGH A CENTRAL ANGLE OF 005 4" AN,I).BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 73050'20" WEST 9.20 4F, THENCE SOUTH 78°38'06" WEST 77.46 FEE 1 < THENCE NORTH 80036'54" WEST 182.05 FEET; THENCE WESTERLY AND NORTHERLY 31.24 FqT ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE 'TO ILA:;` ,P81116 THEAST HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 80 3" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 35°51'47" WES�i FEET; THENCE NORTH 08053' 19" EAST 66.62 FEET; THENCE NORTH 05002' 13" EAST 136.23 FEET; 4 THENCE NORTHERLY AND EASTERLY 509.45 FEET ALON 1M ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST-, SAVING A RADIUS OF 1025.00 FEET THROUGH A CENTRAL ANGLE OF 28°28'39' A;N ' ELNG SUBTENDED BY A CHORD WHICH BEARS NORTH 19016'32" EA. T 504.22 "FEE]', TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY AND WESTERLY 535.71 FEET ALONG THE ARC OFA TANGENTIAL CIRCULAR CURVE CONCAVE TO THE WEST HAVING A S OF 565.00 FEET THROUGH A CENTRAL ANGLE OF 54' 19'34" AND BEING-" UBTENDED BY A CHORD WHICH BEARS NORTH 0602V05" EAST 515.87 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY AND WESTERLY 117.74 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 200.00 FEET THROUGH A CENTRAL ANGLE OF 33043'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 37040'34" WEST 116.04 FEET, TO A POINT OF REVERSE CURVATURE; E:\1999 Projects\99-0126 Mediterra Boulevard Parcel 100iSurvey\Legal Description Parcel 100.DOC EXHIBIT A PAGE 9 OF 23 OR: 2638 PG: 1038 THENCE NORTHERLY AND EASTERLY 492.93 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 260.00 FEET THROUGH A CENTRAL ANGLE OF 108037'32" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 00"13'4I" WEST 422.35 FEET; THENCE NORTH 54005'05" EAST 91.00 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SUBJECT TO EASEMENTS AND RESTR1CHONS OF RECORD. CONTAINING,-13.02 ACRES MORE OR LESS. BEARINGS ARI BASED ON THE EAST LINE OF THE NORTHWEST V. OF SECTION 12, TOWNSHI 8)900TH, RANGE 25 EAST, OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00°50'59" EASi:-- RWA SURVEYIN C LAND SURVEYORS Nob NtAPPERS 3050 NORTH HORS HOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 :.m (941)649-1509 FLORIDA CERTIFICATE OFAuTHgl BY: —� z' RACER G. ARTER, PROFESSIONALS 1 NOT. VALID UNLESS EMBOSSED WITH THE REF. 99-01624S 1. TION #6952 DATE: AND MAPPER LS# 5702 'S SEAL. E:\1999 Projects\99-0126 Mediterra Boulevard Parcel 100\Survey\Legal Description Parcel 100.DOC EXHIBIT A PAGE 10 OF 23 QR; 3638 PG; 1039 LEGAL DESCRIPTION BEING PART OF SEC"1'ION 12 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. (MEDITERRA PARCEL 101) COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST '/. OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA-, THENCE ALO C Tt.IE EAST LINE OF THE NORTHWEST'/.01: SAID SECTION 12, SOLI"fH 00°51' l4" ! ' RU 8 FEET; THENCE LEAVt4 'ftG SAID EAST LINE SOUTH 89-08'46" WEST 721.54, TO THE PO1N I' OF BEGINNING OF Tf1E F RCEL HEREIN DESCRIBED; 'THENCE SCUT 1 1,1:18' 13" EAST 206.50 FEET; THENCE SOUTH 22�°-24 00" EAST 50.00 FEET; THENCE SOUTHWESTERLY 52.68 FEET ALONG THE ARC OF A TANGENTIAL. CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 550.00 FEET THROUGH A CENTRAII-A IGLE OF 05°29'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOU' 1020'39" WEST 52.66 FEET; 'THENCE SOUTH 06024' 9" EAST 202.48 FEET; THENCE SOUTHWESTERLY 206`A9 FEETALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCA�JE TO THE NORTHWEST HAVING A RADIUS OF 750.00 FEET THROUGH A CENTRAL ANGLE OF 15'45'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83046'5W`, 205.54 FEET; THENCE NORTH 88°20'27" WE$ 1' 0.11-FEET; THENCE WESTERLY 395.12 FEE"' 6NC THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHH Vv`'G A RADIUS OF 2275.00 FEET THROUGH A CENTRAL ANGLE OF 09057'04" ANf EINC, UBTENDED BY A CHORD WHICH BEARS SOUTH 86041'01" WEST 394.63 FEET T" POINT OF REVERSE CURVATURE; THENCE WESTERLY 48.50 FEET ALONG THARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVINf; ARADIUS OF 1151.71 FEET THROUGH A CENTRAL ANGLE OF 02°24'46" AND BEIN"iUl�COI� DED BY A CHORD WHICH BEARS SOUTH 82°54'51" WEST 48.49 FEET TO A POINTEVERSE CURVATURE; THENCE WESTERLY 52.02 FEET ALONG THE , TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIU f F 500.00 FEET -THROUGH A CENTRAL ANGLE OF 05057'38" AND BEING SUB TEND E4Y A CHORD WHICH BEARS SOUTH 81008'25" WEST 51.99 FEET TO A POINT OF RE' E E CURVATURE; THENCE WESTERLY 141.68 FEET ALONG THE ARC OF ANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 415.00*FEET THROUGH A CENTRAL ANGLE OF 19033'36" AND BEING SUBTENDED BA f' ORD WHICH BEARS SOUTH 87056'24" WEST 140.99 FEET TO A POINT ON THE (FUTURE RIGHT OF WAY LINE OF MEDITERRA CIRCLE); THENCE 469.42 FEET ALONG THE AK OF A NON -TANGENTIAL. CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1079.00 FEET THROUGH A CENTRAL ANGLE OF 24055'36" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH I, 09'54" EAST 465.73 FEET ALONG THE SAID (FUTURE RIGHT OF WAY LINE); THENCE LEAVING THE SAID (FUTURE RIGHT OF WAY LINE) NORTH 86,6 t4'EAST 406.15 FEET` THENCE EASTERLY 232.51 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2725.00 FEET THROUGH A CENTRAL ANGLE OF 04053' 19" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89°12'53" EAST 232.44 FEET; THENCE SOUTH 88020'27" EAST 110.84 FEET; THENCE EASTERLY 73.30 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 200.00 FEET THROUGH A EXHIBIT A PAGE 11 OF 23 OR; 2638 PG; 1040 CENTRAL ANGLE OF 20059'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 81 °09'36" EAST 72.89 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 82.42 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 255.00 FEET THROUGH A CENTRAL. ANGLE OF 1803l'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 79055' 11" EAST 82.06 FEET; THENCE NORTH 89010'44" EAST 54.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED SUBJECT, F�AS MENTS AND RESTRICTIONS OF RECORD. CONTAINING j 05 ACRES MORE OR LESS. BEARINGS A'RE,B'ASE ON THE EAST LINE OF THE NORTHWEST 'A OF SECTION 12, TOWNSHIP 48:SOUT} RANGE 25 EAST, AS BEING SOUTH 00°5114" EAST. RWA SURVEYING, INC. LAND SURVEYORS AND MAPPERS 3050 NORTH HORSESHOE>,DTt1E SUITE 270 NAPLES, FLORIDA 34104 (941) 649-1509 TLORIDA CERTIFICATE OF AU'THOR&ATION,#6952 BYt r�l f(A ROGER G. TER, PROFESSIONAL SURV A Not valid unless embossed with the Professional's Seal. Ref. 99-01274S 1. _ DATE.. -2'j"D© MAPPER LS# 5702 EXHIBIT A PAGE 12 OF 23 OR: 3638 PG: 1041 LEGAL DESCRIPTION BEING PART OF SECTION 12 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. (MEDITF.RRA PARCEL 102) COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST '4 OF SECTION 12, TOWNSHIP 48 SOUTEi, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALON9 THE EAST LINE OF THE NORTHWEST': OF SAID SECTION 12, SOUTH 00051,14 ' Wl 1 .78 FEET; THENCE LEAV THE SAID EAST LINE SOUTH 89°08'46" WEST 228.00 FEET, TO THE POINT OF BEGINNING; QFTH PARCEL HEREIN DESCRIBED; THENC�:E',SOUyI.00°51' l4" EAST 255.00 FEET; THE NCP. e IH 99-08'46" WEST 41.88 FEET; THENCE SOUT14MLY AND WESTERLY 126.60 FEE T ALONG THE ARC OF A NON- TANGENTIA CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 55.00 FEET THROUGH A CENTRAL ANGLE OF 131°52'48" AND BEING SUBTENDED BY A, CHRD WHICH BEARS SOUTH 66' 17'24" WEST 100.44 FEET; THENCE SOUTH 0005 14" EAST 163.19 FEET; THENCE SOUTHERL AND WESTERLY 61.00 FEET ALONG THE ARC. OF A TANGENTIAL CIRCULA CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL. ANGLE OF 87°22'56" AND BEING SUBTENDED BY A CHOR Y W�f1CN-BEARS SOUTH 42°5014" WEST 55.26 FEET; THENCE SOUTH 8691'42" W §T, ei 4~92 FEET; THENCE WESTERLY AND NORTHWESTERLY 328.59 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CUkVtC6NCAVE TO THE NORTHEAST HAVING A RADIUS OF 450.00 FEET THROUGH A CENT LA qI.E OF 41°50' 13" AND BEING SUBTENDED BY A CHORD WHICH BEARS NOR H 7' 43."f." WEST 321.34 FEET, TO A POINT OF REVERSE CURVATURE; THENCE NORTHERWESTERLY 192.21 FfvfT ALONG THE ARC OF A TANGENTIAL. CIRCULAR CURVE CONCAVE TO THE SW7I V $T HAVING A RADIUS OF 450.00 FEET THROUGH A CENTRAL ANGLE OF 24-�8'2� AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 63°52'16" WElI'90.75,FEET; THENCE NORTH 76°06'27" WEST 168.28 FEET;. 1` THENCE WESTERLY AND NORTHERLY 57 60 hE ,i A,� N- G THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO TH= THEAST HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 66°00, AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 43006'21" WEST 54.4.7 FEET, THENCE NORTH 10006'15" WEST 186.45 FEET A; THENCE NORTH 76006'27" WEST 175.00 FEET; THENCE WESTERLY AND NORTHWESTERLY 1.79.83 FEET-AT,4vGT IE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE: NORTHEAST KING A RADIUS OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 58°52'34" A G..SUBTENDED BY A CHORD WHICH BEARS NORTH 46040' 10" WESTT 172.02 FEET, TCAOINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 73.24 FEET ALONG THE ARC OF A TANGENT AL>,, CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUSrb— 225.00 FEET THROUGH A CENTRAL ANGLE OF 18039'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 26033'23" WEST 72.92 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY AND SOUTHWESTERLY 109.62 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 75.00 FEET THROUGH A CENTRAL ANGLE OF 83°44'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 77°45' 12' WEST 100.12 FEET, TO A POINT OF REVERSE CURVATURE; EXHIBIT A PAGE 13 OF 23 OR: 2638 PG: 1042 THENCE SOUTHWESTERLY 72.92 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 127.00 FEET THROUGH A CENTRAL ANGLE OF 32053'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOU 1'H 76049'23" WEST 71.92 FEET, TO A POINT OF REVERSE: CURVATURE; THENCE SOUTHWESTERLY 34.68 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 79029'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 53°31'44- WEST 31.97 FEET, TO A POINT OF CUSP AND ALSO BEIN(j/rHE WESTERLY RIGHT-OF-WAY OF FUTURE: CORSO MEDITERRA CIRCLE (F 1'UR"OADWAY); THEN(' ALONG THE SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING TWO (2) (1) Tilt N E*O;RTHERLY AND EASTERLY 73.68 FEET ALONG THE ARC OF A NON - TAN NTIA ... CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS ` iil.00 FEET THROUGH A CENTRAL ANGLE OF 13`09'03" AND BEING SUBTEND D BY A CHORD WHICH BEARS NORTH 20021'43" EAST 73.52 FEET; (2) THENCE NORTH 2i°56'15" EAST 127.13 FEET, TO A POINT OF CUSP; THENCE SOUHE1tL AND EASTERLY 39.27 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCZLAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET THE OL'C;tLAAI�ENTRAL ANGLE OF 90°00'00" AND BEING SUBTENDED BY CHORD WHICH BE RS'S• UTH 18003'45" EAST 35.36 FEET, THENCE SOUTH 63°03 45S46.79 FEET; THENCE SOUTHEASTERLY] Ii 3 FEET ALONG THE. ARC OF A TANGENTIAL CIRCULAR CURVE CONCA\!E."THE SOUTHWEST HAVING A RADIUS OF 275.00 FEET THROUGH A CENTRAL A , GG-t,OF 35°29' 11" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTTI 45°1yfIQ" EAST 167.61 FEET; THENCE NORTH 62025'26" EAS'oi-Is FEET; THENCE EASTERLY 36.19 FEET ALO;CIRCULAR „� EVE ARC OF A TANGENTIAL CURVE CONCAVE TO THE SOUTH' AVtNG A RADIUS OF 50.00 FEET THROUGHA CENTRAL ANGLE OF 41°28'07" AND,", �'BTENDED BY A CHORD WHICH BEARS NORTH 83009'29" EAST 35.40 FEET; ; THENCE SOUTH 76006'27" EAST 469.46 FEET-, -, ., THENCE SOUTHEASTERLY 309.42 FEET A NG.Tt4,E ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTIfW HAVING A RADIUS OF 900.00 FEET THROUGH A CENTRAL ANGLE OF 19041'' I) BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 66015'30" EAST 307.90 F ET, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 177.30 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS 20.00 FEET THROUGH A CENTRAL ANGLE OF 50047'39" AND BEING SUBTENDED HY A CHORD WHICH BEARS SOUTH 81 °48'22" EAST 171.56 FEET, TO A POINT OF REVEk' E CURVATURE; THENCE NORTHEASTERLY 297.97 FEET' ALONG THE ARC, F ATANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING D1US OF 1044.19 FEET THROUGH A CENTRAL ANGLE OF 16020'59" AND BEING 163TEIDED BY A CHORD WHICH BEARS NORTH 80058'18" EAST 296.96 FEET; THENCE NORTH 89°08'46" EAST 64.44 FEET, TO THE POINT OF BEGINN!iNG OF THE HEREIN DESCRIBED PARCEL.F SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 13.95 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST''/.OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AS BEING SOUTH 00°51-14" EAST. EXHIBIT A PAGE 14 OF 23 OR: 2638 PG: 1043 RWA SURVEYING, INC. LAND SURVEYORS AND MAPPERS 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES. FLORIDA 34104 (941) 649-1509 FLORIDA CERTIFICATE OF AUTHORIZATION #6952 by: / % C..- e- ROGER G. CArrPROFESSIONAL Not valid unless embossed with h, Ref. 99-01284S1. DATE: VEYOR AND MAPPER LS# 5702 EXHIBIT A PAGE 15 OF 23 vr\: 1.838 PG. I444 LEGAL DESCRIPTION BEING PART OF SECTION 12 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. (MEDITERRA PARCEL. 103) COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST''/.OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONTHE EAST LINE OF THE SOUTHWEST !:OF SAID SECTION 12, NOR"1'1I 00°51'14"�Ti-229 97FEET; THENCELVETHE SAID EAST LINE SOUTH 89°08'46" WEST 1064.97 FEET, TO THE POINT OF BEGINNINd/ H PARCEL HEREIN DESCRIBED; THENCE SO[iT L,12°45'50" EAST 561.00 FEET; THENC) 'SOUTHWESTERLY AND WESTERLY 88.15 FEET ALONG THE ARC OF A TANGENTIAL QRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 4 .00 FEET THROUGH A CENTRAL ANGLE OF 112-14'32" AND BEING SUBTENDED BY A CH D WHICH BEARS SOUTH 43-21'26" WEST 74.72 FEET, TO A POINT OF REVERSEIC VATURE; THENCE. WESTERL.ND SOUTHWESTERLY 140.58 FEET ALONG THE. ARC OF A TANGENTIAL CiRC LAR'CURVE CONCAVE -1'0 THE SOUTHEAST HAVING A RADIUS OF 75.00 FEET THROUGI ACENTRAL ANGLE OF 107-23.43" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°46'50" WEST 120.89 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY Yt4,1 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVES=TO THtNORTHWEST HAVING A RADIUS OF 75.00 FEET THROUGH A CENTRAL A [ E OF 48°59'56" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 160 41t"WESTT 62.20 FEET; THENCE SOUTH 41"04'55" WEST .16 EIT. THENCE SOUTHWESTERLY 160.911 T,ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THEN THWEST HAVING A RADIUS OF 255.00 FEET THROUGH A CENTRAL ANGLE 3 'l AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 59°09'32' 1 S'T I S.25 FEET; "THENCE SOUTH 77014'10" WEST 382.17 FEET A POINT ON THE EASTERLY RIGHT- OF-WAY OF CORSO MEDITERRA CIRCLE (E Tull' R(IADWAY); THENCE ALONG THE SAID EASTERLY RIGHT-C>E.*A'V',,THE FOLLOWING SEVEN (7) DESCRIBED COURSES; (1) THENCE NORTH 12°45'50" WEST 62.02 FEET (2) THENCE NORTHWESTERLY 56.16 FEET ALONG- ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 200.00 FEET THROUGH A CENTRAL ANGLE OF 16005' l8" AN BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 20048'29" WEST 55.97 F,:ET, T01,1A POINT OF REVERSE CURVATURE; ; (3) "THENCE NORTHWESTERLY 51.39 FEET ALONG THE ARC °OF TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING`, AUS OF 183.00 FEET THROUGH A CENTRAL ANGLE OF 16"05' 18" AND BEING, SL�PENDED BY A CHORD WHICH BEARS NORTH 20048'29" WEST 51.22 FEET; (4) THENCE NORTH 12°45'50" WEST 477.68 FEET; . (5) THENCE NORTHWESTERLY AND NORTHEASTERLY 328.08 FEE"r ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE. CONCAVE TO THE EAST HAVING A RADIUS OF 771.00 FEET THROUGH A CENTRAL ANGLE OF 24°22'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 00034'25" WEST 325.61 FEET; (6) THENCE NORTH 11°37'01" EAST 232.94 FEET; (7) THENCE NORTHEASTERLY 21.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 183.00 E:\1999 Projects\99-0188 Mediterra Parcel 103\.Survey�LEGAL DESCRIPTION FOR BNRY SURVEY 103.doc EXHIBIT A PAGE 16 OF 23 Vf : 2638 PG: 1045 FEET THROUGH A CENTRAL ANGLE OF 06047'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 15000'59" EAST 21.70 FEET; THENCE LEAVING THE SAID EASTERLY RIGHT-OF-WAY, SOUTH 83022'59" EAST 241.81 FEET; THENCE SOUTHEASTERLY 143.50 FEET ALONG "THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 505.00 FEET THROUGH A CENTRAL ANGLE OF 16°16'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 75014'34" EAST 143.01 FEET; THENCE SOUTH 67006'09" EAST 189.78 FEET; THENCE SOUTHEASTERLY 28.08 FEET ALONG THE ARC OF A TANGENTIAL ORCAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FED„ THROUGH A CENTRAL ANGLE OF 64-21'43" AND BEING SUBTENDED BY A CHO: WHICH BEARS SOUTH 34055' 17" EAST 26.63 FEET, TO A POINT OF REVERSE OURVATURE; THENC SDUFHERLY AND EASTERLY 113.47 FEET ALONG THE ARC OF A TANGENT i-ORCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGLE. 100°01'24" AND BEING SUBTENDED BY AHORD WHICH BEARS SOUTH 52°45'08" EAST 99.60 FEET; THENCE NORTI4 7 14' l0" EAST 31.38 FEET; THENCE EASTE Y AND SOUTHEASTERLY 31.42 FEET ALONG THE ARC OF A TANGENTIAL RCULAR`!C'URVE CONCAVE TO THE SOUTHWEST HAVING A 'I RADIUS OF 20.00 FE li`ROUGH A CENTRAL ANGLE OF 40°00'00" AND BEING SUBTENDED BY A CHORDS WHICH BEARS SOUTH 57°45'50" EAST 28.28 FEET, TO THE POINT OF BEGINT+iI , ',Q jHE HEREIN DESCRIBED PARCEL; SUBJECT TO EASEMENTS AND RESTRICTIONS OF CONTAINING 18.08 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF - TOWNSHIP 48 SOUTH, RANGE 25 EAST, AS BEING RWA SURVEYING, INC. LAND SURVEYORS AND MAPPERS 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 (941)649-1509 WEST '/.OF SECTION 12, )0051'l4" WEST. ,FLORIDA CERTIFICATE OF AUTHORIZATION #6952 BY: L - ROGER G. CWRTER, PROFESSIONAL SURVEYOR AND MAPPER LS# 5702 Not valid unless embossed with the Professional's Seal. Rd 99-01884S1. E:\1999 Projects\99-0188 Mediterra Parcel 103\Survey\LEGA1. DESCRIPTION FOR BNRY SURVEY 103.doc EXHIBIT A PAGE 17 OF 23 UA: W, oj0 !'V, 11046 LEGAL. DESCRIPTION BEING PART OF SECTION 12 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. (MEDITERRA PARCEL. 104) COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/. OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG'THE EAST LINE OF THE SOUTHWEST/4 OF SAID SECTION 12, NORTH 00051' 14" W - 'T 40.56 FEET; THENCE LL�VI THE SAID EAST LINE SOUTH 89°08'46" WEST 569.08 FEET, TO "THE POINT OF BEGINNING=O=HE PARCEL HEREIN DESCRIBED; 'THENCE OUT ERLY 169.26 FEET ALONG THE ARC' OF A NON -TANGENTIAL CIRCUI_tiRURv CONCAVE TO THE WEST RAVING A RADIUS OF 150.00 THROUGH A CENTRAL ANGLB�OF 64°39'09" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH"09°47'02" EAST 160.42 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHETEALY AND NORTHWESTERLY 365.52 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE T'O THE NORTHWEST HAVING A RADIUS OF 189.20 FEET THROUGH A CENTRAL ANGLE OF 110-41'37" AND BEING SUBTENDED BY A Cliq �, "WVHCH BEARS SOUTH 77°53'21" WEST 311.27 FEET, TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTER Y 180:48 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAV TO`iHE SOUTHWEST HAVING A RADIUS OF 300.00 FEET THROUGH A CENTRAL ANbtE €JF 35°36'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORT6fi4'S4'1$" WEST 183.49 FEET, TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 70.08 FEET AMONG HE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHE, HAVING A RADIUS OF 360.00 FEET THROUGH A CENTRAL ANGLE OF 11°l9' 2"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76048'09" WEST! 4 'FE T, TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 271.75 FEET ALONG Tif"C F A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING RA6J,11 OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 25°57'02" AND BEING SU91ENIJE'D BY A CHORD WHICH BEARS NORTH 84012'04" WEST 269.44 FEET, TO A POINVOF VERSE CURVATURE; THENCE WESTERLY 337.70 FEET ALONG THE ARC OF A ANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RAD1L F 1199.39 FEET THROUGH A CENTRAL ANGLE OF 16007'55" AND BEING SUBTENDED BAY -AA CHORD WHICH BEARS NORTH 89006'38" WEST 336.58 FEET, TO A POINT OF CQ POUND CURVATURE; THENCE NORTHWESTERLY 69.43 FEET ALONG THE ARC_Q;A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RAIUS OF 150.00 FEET THROUGH A CENTRAL ANGLE OF 26031' 14" AND BEING SU TENDED BY A CHORD WHICH BEARS NORTH 67047'03" WEST 68.81 FEET; THENCE NORTH 54031'26" WEST 66.07 FEET, TO A POINT ON A CURVE 'D THE EASTERLY RIGHT-OF-WAY OF CORSO MF.DITERRA CIRCLE (FUTURE RC DWAY); THENCE NORTHEASTERLY 289.28 FEET ALONG SAID EASTERLY RIGHT-,_Qf WAY AND THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE'TO THE NORTHWEST HAVING A RADIUS OF 725.00 FEET THROUGH A CENTRAL ANGLE OF 22051'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 24002'43" EAST 287.36 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY EASTERLY 309.63 FEET ALONG; THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 600.000 FEET THROUGH A CENTRAL ANGLE OF 29034'04" AND EXHIBIT A PAGE 18 OF 23 v : LON rv, 14 BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83042'00" EAST 306.21 FEE f, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 330.98 FEET ALONG THE ARCOF A TANGENTIAL CIRCULAR CURVE CONCAVE TOTHE SOUTH HAVING A RADIUS OF 780.00 FEET THROUGH A CENTRAL ANGLE OF 24018'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 86019'40' EAST 328.50 FEET, TO A POINT OF REVERSE CURVATURE, THENCE SOUTHEASTERLY AND NORTHEASTERLY 215.97 FEET ALONG 11IF ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 123°44'38" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 43°57'23" EAST 176.38 FEET'; THE J RTH 17054'56" WEST 64.76 FEET, TO A POINT OF CURVATURE; TH! N N()RTHWESTERLY 105.36 FEET ALONG THE ARC OF A TANGENTIAL C1RC6T_A'R`CgRVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 250.00 FEET THROU H,A CENTRAL ANGLE OF 24°08'49" AND BEING SUBTENDED BY A CHORD H BEARS NORTH 29059'20" WEST 104.58 FEET, TO A POINT OF REVERSE CURVATURE-,--- THENCE NC)RHWESTERLY 63.22 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CO k CAVE TO THE NORTHEAST HAVING A RADIUS OF 150.00 FEET THROUGH -A f fRAL ANGLE OF 24°08'49" AND BEING SUBTENDED BY A CHORD WHICH BEAS NORTH 29059'20" WEST 62.75 FEET; THENCE NORTH 17 54'56" WEST 33.27 FEET, TO A POINT OF CURVATURE; THENCE NORTHERLY D-NORTHEASTERLY 78.54 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR "C lil(VE:CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET THROUGH A CEAITL ANGLE OF 90000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS.NQR H,27005'04" EAST' 70.71 FEET; THENCE NORTH 72005'04" E'A,ST 270.(Q FEET, TO A POINT OF CURVATURE; THENCE EASTERLY AND SOUTAEASJERLY 78.54 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE 06WAYE 1'0 THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET THROUGH A C AL ANGLE OF 90000'00' AND BEING SUBTENDED BY A CHORD WHICH ARSlUTH 62°54'56" EAST 70.71 FEET; THENCE SOUTH 17054'56' EAST 33.27 FT, ;T'6A POINT OF CURVATURE; THENCE SOUTHERLY 63.22 FEET ALON H�F' ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE WEST HAVING A R.4 S OF 150.00 FEET THROUGH A CENTRAL ANGLE OF 24008'49" AND BEING. ` � TENDED BY A CHORD WHICH BEARS SOUTH 05050'32" EAST 62.75 FEET, TO A POINT MF REVERSE CURVATURE; THENCE SOUTHERLY 105.36 FEET ALONG THE RC" -'A_ TANGENTIAL CIRCULAR RADI CURVE CONCAVE TO THE EAST HAVING A US 50.00 FEET THROUGH A CENTRAL ANGLE OF 24008'49" AND BEING SUBTEND'. A CHORD WHICH BEARS SOUTH 05050'32" EAST 104.58 FEET; _. THENCE SOUTH 17054'56" EAST 140.70 FEET, TO A POINT kiF C RVATURE; THENCE SOUTHEASTERLY 61.62 FEET ALONGTHE ARC: OF A �ANGENTtAL CIRCULAR CURVE CONCAVE TO THE SOUTHWESTHA 'INdr k RADIUS OF 360.00 FEET THROUGH A CENTRAL ANGLE OF 09048'28" AND BEINSUBB"ENDED BY A CHORD WHICH BEARS SOUTH 13000'42" EAST 61.55 FEET, TdA' tNfOF REVERSE CURVATURE; THENCE SOUTHEASTERLY 51.05 FEET ALONG THE ARC OF A TANGS 41AL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS 4 200.00 FEET THROUGH A CFNTRAL ANGLE OF 14037'30" AND BEING SUBTENDE 7`BY A CHORD WHICH BEARS SOUTH 15025' 13" EAST 50.91 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY 60.65 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE WESTHAVING A RADIUS OF 75.28 FEET THROUGH A CENTRAL ANGLE OF 46°09'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 00020'54" WEST 59.03 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY 165.86 FEETALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF EXHIBIT A PAGE 19 OF 23 OR; 2638 PG; 1048 145.00 FEET THROUGH A CENTRAL ANGLE OF 65032'21" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 09020'26" EAST 156.97 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SUBJECT TOEESEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 2.9 ACRES MORE OR LESS. BEARINGS,AV;D ON THE EAST LINE OF THE SOUTHWEST'/. OF SECTION 12, TOWNSHIP49/SOUTK RANGE 25 EAST, AS BEING NORTH 00051'14" WEST. RWA SURVEYING, IN LAND SURVEYORS ND MAPPERS 3050 NORTH HORSESHOE DRIVE SUITE 270 m NAPLES, FLORIDA 34104 (941)649-1509 FLORIDA CERTIFICATE OF AUTHOVZ. TiC1N #6952 I? ER G. CAWER, IFROFESSIONAL SURVE) Not va)W unless embossed with the Professional's Seal. AcC 99-01894S 1. _ DATE: 2 -/-DO MAPPER LS# 5702 EXHIBIT A PAGE 20 OF 23 OR; 2638 PG. 1049 arraco and Associates, Inc. www. Ci%il Enbineers, Land Sunv%urs a December 9, 1999 Description Mediterra Parcel 108 Section 11, Township 48 S, Range 25 E Collier County, Florida )arraco.net Consultants A tract or parcel of latic King ing in Section 11, Township 48 South, Range 25 East, Collier County, Florida, said tractor parcel Ong more particularly described as follows: From the southeast cgrner of Section 11, Township 48 South, Range 25 East, Collier County, Florida ru" 8e 41' 20" W along the south line of said Section for 2269.77 feet; thence run N 01' 18' 40" VV f© 573.26 feet to the point of beginning. From said point of belinnit' run S 63° 32' 44" W for 58.05 feet to a point of curvature; thence run southwesterly nd %vesterly along the arc of a curve to the right of radius 260.00 feet (delta 37` 53' 22") chord bearing S 82' 29' 25" W) (chord 168.82 feet) for 171.94 feet to a point of tangy y;lbence run N 75` 37' 15" W for 162.82 teet to a point of curvature; thence run north%-esterly,,along the arc of a curve to the right of radius 200.00 feet (delta 43' 58' 58") (cfior. ,bearing N 53' 37' 46" W) (chord 149.79 feet) for 153.53 feet to a point of reverse �ciirva re; thence run northwesterly along the arc of a curve to the left of radius 60.00 feet(Vint,of tfs` 59' 41") (chord bearing N 32" 38' 08" W) (chord 2.09 feet) for 2.09 feet to a p t gency; thence run N 33' 37' 57" W for 234.65 feet to a point of curvature, then run r rthwesterly and northerly along the arc of a curve to the right of radius 80.00 feet (400 3�7-.58' 28") (chord bearing N 14` 38' 43" W) (chord 52.06 feet) for 53.02 feet to a poittrolfleverse curvature; thence run northerly and northwesterly along the are of a curve to t" o.f radius 75.00 feet (delta 91' 17' 26") (chord bearing N 41 ° 18' 12" W) (chord 15 let) for 119.50 feet to a point of tangency; thence run N 86° 56' 55" W for 42.56 feed t a point of curvature; thence run southwesterly southerly and southeasterly along the Iar of curve to the left of radius 105.00 feet (delta 127' 35' 34") (chord bearing S 29" 15' ' W) (chord 188.42 feet) for 233.83 feet to a point of reverse curvature; thence run southeasterly, southerly and southwesterly along the arc of a curve to the right of radius'9 .00 feet (delta 62' 32' 47") (chord bearing S 03° 16' 06" E) (chord 98.63 feet) for 103. ; to a;\point of tangency; thence run S 28° 00' 17" W for 120.82 to a point of curvature; ten ,elrun southwesterly along the arc of a curve to the right of radius 200.00 feet (dt lta 54' 22") (chord bearing S 55° 57' 28" W) (chord 187.50 feet) for 195.15 feet to, i of tangency; thence run S 83° 54' 39" W for 244.77 feet to a point of curvature; thence 1iun westerly and northwesterly along the arc of a curve to the right of radius 60.00 feet_., dZa 79` 16' 49") (chord bearing N 56' 26' 56" W) (chord 76.56 feet) for 83.02 fet to a point of tangency; thence run N 16° 48' 32" W for 119.32 feet to a point of curvature; thence run northerly along the arc of a curve to the right of radius 100.00 feet (delta 22' 38' 3511) (chord bearing N 05' 29' 14" W) (chord 39.26 feet) for 39.52 feet to a point of tangency; thence run N 05' 50' 03" E for 514.99 to a point of curvature; thence run northeasterly along the arc of a curve to the right of radius 575.00 feet (delta 53' 40' 10") (chord bearing N 32° 40' 08" E) (chord 519.13 feet) for 538.61 feet to a point of tangency; Post Office Drawer 2800 • Fort Myers, FL 33902 Phone (941) 461-3170 • Fax (941) 461-3169 EXHIBIT A PAGE 21 OF 23 OR; 2638 P0: 1050 thence run N 59° 30' 13" E for 122.36 feet to an intersection with the curved westerly line of a proposed roadway; thence run along the westerly and southerly line of said roadway for the following courses: southeasterly along the arc of a curve to the left of radius 1000.00 feet (delta 02' 13' 56") (chord bearing S 20' 13' 03" E) (chord 38.96 feet) for 38.96 feet, to a point of tangency; S 21' 20' 01" E for 98.51 feet to a point of curvature; s ueasterly along the arc of a curve to the left of radius 582.00 feet (delta 29' 38' 03") chot wring S 36' 09' 02" E) (chord 297.67 feet for 301.02 feet to a point of compound `etiry turej southeasterly and easterly along the arc of a curve to the left of radius 538.00 ket (4t lta 45' 12' 26") (chord bearing S 73' 34' 17" E) (chord 413.56 feet) for 424.49 feet to a,pojp't.,of tangency and N 83' 49' 30" E for 203.21 feet; thence leaving said southerly line rt" 9 06' 55' 46" E for 427.46 feet; thence run S 75' 48' 36" E for 86.66 feet; thence run S Ll' 39' 18" E for 156.00 feet to a point on a non -tangent curve; thence run southwesterly! alo ig the arc of a curve to the left of radius 70.00 feet (delta 10' 59' 53") (chord bearing S 10* 45' 01" W) (chord 13.42 feet ) for 13.44 feet to a point of reverse curvature; thence run southwesterly along the arc of a curve to the right of radius 50.00 feet (delta 61' 17' 40")ehu�d.Ebearing S 32' 53' 54" W) ( chord 50.97 feet ) for 53.49 feet to the point of beginnthg.TM .. Containing 21.84 acres, more or Bearings hereinabove mentioned are based�n the south line of Section 11 to bear S 88' 41' 20" W. 21425 Scott A. Wheeler (For "rhe Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 BWIDIT A PAGE 22 OF 23 OR: 2638 PG: 1051 Barraco www.tkirrico.net and Associates, Inc. Ci%il Engineers, Land Surveyors and Consultants November 18, 1999 Description Mediterra Parcel 105 Section 11, Township 48 S, Range 25 E Collier County, Florida A tract or parcel"of,jafid lying in Section 11, "Township 48 South, Range 25 East, Collier County, Florida, said tract or parce tng more particularly described as follows: From the southeast'cier of Section 11, Township 48 South, Range 25 East, Collier County. Florida raft FS $8' 41' 20" W along the south line of said section for 786.21 feet; thence run N 01 ° 18' 40" W for 704.28 feet to the point of beginning. From said point of beg niii run N 68° 57' 57" W for 264.16 feet to a point of curvature; thence run northwesterlyXIong the arc of a curve to the right of radius 730.00 feet (delta 17' 11' 39") (chord bearin&,� 0,7 22' 07" W) (chord 218.25 feet) for 219.07 feet to a point of tangency; thence ru , N' l oe 46' 18" W for 241.29 feet to a point of curvature; thence run northwesterly along the art,of a curve to the right of radius 227.00 feet (delta 18' 11' 57") (chord bearing N 441 �9" W) (chord 71.80 feet) for 72.10 feet to a point of reverse curvature; thence run riof_th st�ly along the arc of a curve to the left of radius 200.00 feet (delta 29' 10' 05") (chard argg N 48' 09' 23" W) (chord 100.72 feet) for 101.82 feet to a point of compound cu va atur `tltence run northwesterly along the are of a curve to the left of radius 730.00 feet (delta- 21 5b' 02") (chord bearing N 73' 42' 27" W) (chord 277.76 feet) for 279.46 feet; thence,,�i� � ,fh5' 55' 29" W along a non -tangent line for 125.44 feet to a point of curvature; themm 4n outherly and southeasterly along the arc of a curve to the left of radius 200.00 feet (de l ° 05' 28") (chord bearing S 19' 37' 15" E) (chord 172.49 feet) for 178.34 feet to a p tiff of tangency; thence run S 45' 10' 00" E for 583.16 feet to a point of curvature; thence ruit's6utheasterly and easterly along the arc of curve to the left of radius 250.00 feet (delta 6 ' 6") (chord bearing S 73' 34' 38" E) (chord 237.89 feet) for 247.93 feet to a point -of jai� thence run N 78° UU' 44" E for 138.66 feet to a point of curvature; thence run northeasterly along the arc of a curve to the left of radius 250.00 feet (delta 56' 58' 41 ") (chord rd bearing N 49' 3 l' 24" E) (chord 238.49 feet) for 248.61 feet to a point of tangency; theme rurr=N 21' 02' 03" E for 34.40 feet to a point of beginning. Containing 7.93 acres, more or less. � Bearings hereinabove mentioned are based on the south line of Section 11 to -bear 88° 41' 20" W. 21370 Scott A. Wheeler-kFThe Firm) Professional S rveyor and Mapper Florida Certificate No. 5949 Post Office Drawer 2800 - Fort Myers, FL 33902 Phone (941) 461-3170 - Fax (941) 461-3169 EXHIBIT A PAGE 23 OF 23 OR: 2638 PG: 1052 EXHIBIT "B" Land Subject to Annexation 1-1 OR: 2638 FG: 1053 LEGAL The north half (N'/° of tie west half (WI/2) of the west half (W 1=) of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 80.57 acr&ttio ' or less. and; North'/2 of the north'/2 of the 48 South, Range 25 East, Co Containing 10.09 acres more and; North'/2 of the south '/2 of the northv 48 South, Range 25 East, Collier Col Containing 10.09 acres more or less. and; '/• of the southwest'/. of Section 11, Township Florida The south %s of the north %: of the northwest '/4 Township 48 South, Range 25 East, Collier Cc Containing 10.09 acres more or less. and; southwest '/. of Section 11, Township The south %, of the south'/z of the northwest 'h of the south* Township 48 South, Range 25 East, saving and reserving the roadway purposes for ingress and egress of grantors and gran owners. Containing 10.09 acres more or less. and; %, of Section 11, ! of Section 11, st150` feet thereof for ��adjacent property The Southeast'/. of the Southwest'h, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; EXHIBIT B Sheet 1 of 7 On: 14638 PG: 105-11 1-2 The Southeast '/• of the Northwest '/.; The Southwest '/• of the Northeast '/•; The Northwest '/• of the Southeast 1/4; and the Northeast'/, of the Southwest'/.; Less the North %: of the Southwest '/. of the Northeast '/• of the Southwest '/• of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North !/3 of the Southwest '/•, of the Northeast '/4 of the Southwest '/• of Section 11, Townshi4$South, Range 25 East, Collier County, Florida Containing 5,46/res more or less. and; x The Northeast '/• of Fforthwest % and the Northwest '/• of the Northeast '/• of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres'mr # or less. and; / A parcel of land located in Sti©rj Collier County, Florida, bein&nott Beginning at the southeast cornero Range 25 East, Collier County Flor thence run North 00°52'07" West a for a distance of 2631.75 feet to the thence continue North 00052'07" A 11, 12 and 13, Township 48 South, Range 25 East, particularly described as follows: the.,southwest '/• of Section 12, Township 48 South, line of said southwest '/• of Section 12, 1 Section 12; east line of the southeast '/• of the northwest'/• of said Section 12, for a distan e'of 1`116.77 feet to the northeast corner of the southeast '/• of the northwest % of said Stio- thence run South 88154'06" West along the south nie of the southeast '/. of the northeast %s of the northwest 1/4of said Section 12, for a d 4'%nce %o 662.28 feet to the southwest corner of the southeast''/• of the northeast '/• of then rth est'/• of said Section 12; thence run North 00`'50'22" West along the west line c th - outheast '/. of the northeast '/• of the northwest %. of said Section 12, for a distance � 58.71 feet to the northwest comer of the southeast'/. of the northeast '/• of the northwester-of*said Section 12; thence run North 88055'45" East along the north line of the southast'/, of the northeast '/• of the northwest '/• of said Section 12, for a distance of 661:95'et`tp the northeast corner of the southeast '/• of the northeast '/. of the northwest '/• cif sal Section 12; thence run North 00°52'07" West along the east line of the north of said Section 12, for a distance of 658.39 feet to the northeast corner of the northwest .! of said Section 12; thence run South 88°57'20" West along the north line of the northwest %`& said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest '/• of said Section 12; thence run South 00°45'07" East along the west line of the northwest '/• of said Section 12, for a distance of 1319.36 feet to the northeast corner of the southeast '/. of the northeast '/• of Section 11, Township 48 South, Range 25 East; EXHIBIT B Sheet 2 of 7 OR; 2638 PG; 1055 1-3 he the thence run South 88°54'42'adistance of 1325.63 feetst along the north lne of to thetnarthwest southeast of the northeast '/. of said Section 11, for a southeast '/. of the northeast '/. of said Section 11; thence run South 00°45'23" East line to the southwest ornerof the southeast of said Section 11, for a distanceof 1320.39 feet '/. of the northeast '/. of said Section 11; st line of the 1/4 of the southeast V4 thence run South 0°45'04" Easof 1321e73efeet to the southwest northeast of the northeast of said Section 11, for a distance '/4 of the so 01heast '/. of said Section 11, thence runoth.$.$°46'37" West along the north line of the southwest '/, of the southeast ;.for a distance of 1325.33 feet to the northwest corner of the 1/4 of said Section southwest 'A. o. e southeast '/. of said Section 11; thence run South45439" 1 t�ncalong the west line of the southwest 1/4of e of 1323 80 feet to the southwest cornerthe of the southeast '/4 of said Section 11, fora a southeast V4 of said Section, "I 1; thence run North 88°41' " East along the south line of the southeast '/. of said Section 11, for a distance of 26 00 2/5 'et to the northwest comer of Section 13, Township 48 South, Range 25 East; 1� ,E f said Section thence run South 00°43'28" East along the west line of the northwest /. o 13, for a distance of 675.60 fee to*southwest comer of the northwest '/a of the northwest '/. of the northwest'/+.,f said Section 13; thence run North 88°38' 13" East/. '/, o " Ab`e Ssouth line of the northwest '/, of the northwest ' of the northwest of said Sectio 13, fqr a distance of 664.12 feet to the southeast corner of the northwest'/. of the northwest V4 p / f d section 13 thence run North 00°41'49" West along.thee,eas '/. of the northwest '/4 of said Section 13, f a comer of the northwest 1/4of the northwest thence run North 88°41'00" East along the s Township 48 South, Range 25 East, for a distal Beginning. Less and excepting therefrom the Northwest 'A of said Section 13. Containing 472 acres more or less. and; f the northwest . o sal t dine of the northwest '/, of the northwest istance of 675.07 feet to the northeast rt northwest '/. of said Section 13; the southwest '/. of Section 12, �3.31 feet to the Point of of the��rthwest'/. of the Northwest 'A The Northeast '/. of the Northeast'/, of Section 11, T Collier County, Florida, O.R. Book 2211, page 606 Containing 40 acres more or less. and; ;e 25 East, The North ''/z of the North'/2 of the Southwest '/. of the Southwest '/, of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; EXHIBIT B Sheet 3 of 7 OR: 2638 PG: 1056 1-4 The South '/2 of the North '/2 of the Southwest '/. of the Southwest '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; The North %2 of the South'/2 of the Southwest'/. of the Southwest'/. of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. EXHIBIT B Sheet 4 of 7 OR; 2638 PIV; 1057 Page 1 of 3 LEGAL DESCRIPTION Piper Parcel (Lee County) A parcel of la ing in the west %: of Section 02, Township 48 South, Range 25 East. Lee County, F morb particularly described as follows: Beginning at the southw st coer of Section 02, Township 48 South, Range 25 East, Lee County, Florida, run North il1'6m ". West 1,186.68 feet along the west boundary of said section to the easterly right-of-way Iine,,of04d U.S. 41 (Tamiami Trail); thence North 31.17'40"East 2,682.40 feet along said right-of-way line; thence North 88'48'40" East 1,146.79 feet; thence South 01004'40" `Eas03.75 feet along a line 66.00 feet west and parallel with the centerline of said section; thence South 01'08'10" EastF2,65g.65,jeet along a line 66.00 feet west and parallel with the centerline of said section to the s th tx+undary of said section; thence South 8805740" West 2,586,43 t4t,aiong the south boundary of said section to the Point of Beginning; .. Containing 167.46 acres more or less ` Ref.4K-423 Strap #02 48 25 00 00011 1000 Heutmaker Parcel The northwest % of the southeast'/. of Section Florida. Containing 40.34 acres more or less. Ref. 4K-426 Strap#02 48 25 0000011 0100 WIC Parcel 1 The Southeast % of the Southwest %. of the Southeast % South, Range 25 East, Lee County, Florida. Subject to ri a" the South line thereof. Containing 10.08 acres more or less. Ref. 4K-427 Strap # 02 48 25 00 00011 0090 48 South, Range 25 East, Lee County 02, Township 48 rvation of -road easement of 25 feet WIC Parcel 2 The South %: of the Northeast'/. of the Southwest'/. of the Southeast'/. of Township 48 South, Range 25 East, Lee County, Florida. Containing 5.04 acres more or less. Ref. 4K-427 Strap # 02 48 25 00 00011 0090 CASE NO: 99-05-191.03Z 01.01 EXHIBIT B w -, MOM 5of7 OR; 2638 PG: 1468 Page 2 of 3 LEGAL DESCRIPTION WIC Parcel 3 The Northwest %qj,# e'Northeast % of the Southwest'/. of the Southeast'/. of Section 02, Township 4 South, Range 25 East, Lee County, Florida. Subject to reservation of road =eadb, ,.t of 25 feet along the North line thereof. AND The West half (V11%:) "a southwest quarter (SW %) of the Southeast quarter (SE%) of Section 02, Township 4 South, Range 25 East, Lee County, Florida, LESS the South fifty (50) feet f6 �rodd %ht of way. Containing 21.93 acres more less. Ref.4K-427 ` Strap # 02 48 25 00 00011 0080 Baumert Parcel. , ' . The Northeast % of the Northeast 'l. O(Jhe Southwest /. of the Southeast /. of Section 02 Township 48 South, Range 25 East, du Lae nty, Florida. orth line thereof. Containing 2.52 Subject to reservation of road easeme of eet along the n acres more or less. Ref. 4K-427 Strap # 02 48 25 00 00011 009E . WIC Parcel (1) The South'/: of the Northwest'/. of the Southeast� e �1%s 6 ffeet thereof.ction 02, Township 48 South. Range 25 East. Lee County, o Containing 4.55 acres more or less. Ref. 4K-433 Strap # 02 48 25 00 00011 003A WIC Parcel (2) Township 48 South, Range The Southwest'/. of the Southeast'/. the Southeast'/. of Section. 25 East, Lee County, Florida, less the West 66 feet and the South25 ipet ereof. Containing 8.75 acres more or less. Ref. 4K-433 Strap # 02 48 25 00 00011 0060 .„ WIC Parcel (3) (O.R. 1799, pg. 4508) The Southeast'/. of the Southeast'/. of the Southeast nd. of Section the South 2 feet thetre i§/6uth, Range 25 East, Lee County, Florida, less theEast 5o Containing 8.98 acres more or less. Ref. 4K-433 Strap# 02 48 25 00 00110 050 CASE NO: 99-05-191.03Z 01.01 EXHIBIT B Sheet 6 of 7 OR: 2638 PG: 1059 Page 3 of 3 LEGAL DESCRIPTION Peterson Trust, Parcel The Southwest *Section 01, Township 48 South, Range 25 East, Lee County, Florida AND The South A of thOSouu %: of the Northwest'/. of Section 01, Township 48 South, Range 25 East, Lee County, Florid. t Ref. 4K-428 x Strap #01 48 25 00 00010 0010 Strap #01 48 25 00 00010 0010 k LESS AND tJCCEPTINQ THFROM Deer Run Estates Unit One alecorded in Plat Book 34, Pages 176-178, Public Records of Lee County, Florida. Containing 22.83 acres more or, Is t Ref.4K-428`` Wright Parcel The Northeast'/. of the Southeast'/. of 25 East, Lee County, Florida, less the Ref. 4K-429 Strap # 02 48 25 00 00011 0040 Baumert Parcel Two (O.R. 2005, pg. 3845) The North %: of the Northwest % of the Southeast 48 South, Range 25 East, Lee County, Fkxida, less Ref. 4K-432 Strap # 02 48 25 00 00011 0030 '/. of Section 02, Township 43 South, Range ereof reserved for road right-of-way. The applicant has indicated that the STRAP number for the 01-48-25-00-00010.0030 02-48-25-00-00011.1000 02-08-25-00-00011.0100 02-48-25-00-00011.009E 02-48-25-00-00011.003A 02-48-25-00-00011.0040 02-48-25-00-00011.0060 CASE NO: 99-05-191.03Z 01.01 east'/. of Section 02, Township feet thereof. 01-48-25-00-00010.0040 0248-25-00-00011.0090 0248-25-00-00011.009G 02-48-25-00-00011.009E 0248-25-00-00011.0030 0248-25-00-00011.0050 02-48-25-00-00011.0080 is: EXHIBIT B Sheet 7 of 7 �. 2b38 FG, laba EXHIBIT ,fc.., Initial Use Restrictions The following restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed or limited by Use Restrictions of the Association adopted pursuant to Article 111 of the Declaration or as otherwise provided in the Declaration. l . fitter' I. The Properties shall be used only for residential, recreational, and related purposes Nihii h, may include, without limitation, an information center and/or a sales office for any real estate broker retained by the Declarant and/or a Builder to assist in the sale of property described ..oNxhibits ""A"" or "B,"" offices for any property manager retained by the Association, and busine fices and construction areas for the Declarant, Builder, or the Association) consisten with this Declaration and any Supplemental Declaration. 2. Restricted ktiies. The following activities are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board of Directors: ". ` 1 (a) Parking of any (1) prohibited on pt6rlc� Properties except for construction vehicles i the streets of a construction area until 100% c the Declaration has been developed and c Builders, vate streets or thoroughfares within the !clarant or Builders which may be parked in nperty described on Exhibits "A" and "B" of I to Owners other then the Declarant or (ii) parking of commercial vehicizr et ui-pment, mobile homes, recreational vehicles, pickup trucks, golf carts, boats and other. Hrarerafl, trailers, stored vehicles or inoperable vehicles anywhere within the Properties othe'rAha, An`-Vnclosed garages is prohibited; provided, construction, service and delivery vehicles shall tte ex pt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or the Common Area, and recreational vehic qg, boats may be parked in driveways for not more than 24 hours while loading and unloadtnwtch.shall not occur more than twice per month, (b) Raising, breeding or keeping of animals, livestock, or p 1of - nv kind, except that a reasonable number of dogs, cats, or other usual and common house doll pets may be permitted in a Unit; however, those pets which are permitted to roam freein the sole discretion of the Board, make objectionable noise, endanger the health or safC y of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Pets shall be registered, licensed and inoculated as required by law; OR; 20638 PUG. lass (c) Any activity which emits foul or obnoxious odors outside the Unit or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other Units; (d) Any activity which violates local, state or federal laws or regulations; however, the Board shall have no obligation to take enforcement action in the event of a violation; (e) Pursuit of hobbies or other activities which tend to cause an unclean, unhealthy or untidy condifi tb. , rst outside of enclosed structures on the Unit; M Any �rnoxr u� or offensive activity which in the reasonable determination of the Board tends to cans mbarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the �ac upants of other Units; (g) Outside bu I Ming-ofirash, leaves, debris or other materials, except by the Declarant or a Builder; (h) Use or discharge device so as to be an unreaso► Board's judgment, except alarm (i) Posting or maintaining ansi Reviewer under Article IV and maintainer Guidelines and any applicable governmental loudspeaker, horn, whistle, bell, or other sound .e or nuisance to occupants of other Units in the xclusively for security purposes; 0) Dumping of grass clippings, leaves of or other potentially hazardous or toxic substances in an^ elsewhere within the Properties, except that fertilize provided care is taken to minimize runoff, and Declarat and trees removed from a building site on such building or advertisement, unless approved by the finer consistent with the Design Review (k) Accumulation of rubbish, trash, or garbage ups, and then only in approved containers; Iebris, petroleum products, fertilizers, linage ditch, stream, pond, or lake, or �..be applied to landscaping on Units 14t4lders may dump and bury rocks exceptbetween regular P ick garbage (1) Subdivision of a Unit into two or more Units, or changing>t'he boundary lines of any Unit after a subdivision plat including such Unit has been apprdwed d"ailed in the Public Records, except that the Declarant shall be permitted to subdivide or replat U its')which it owns, (m) Swimming, boating, use of personal flotation devices, or other acti,v e of lakes, ponds, streams or other bodies of water within the Properties, except that fishing' from the shore in designated locations shall be permitted with appropriate licenses and the Private Amenity, its successors and assigns, shall be permitted and shall have the exclusive right and easement to retrieve golf balls from bodies of water within the Common Areas and the Declarant may draw water from lakes, ponds and streams within the Properties for purposes of irrigation and such other purposes as Declarant shall deem desirable. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or OR: 2638 PG: 1061 unauthorized use of rivers, lakes, ponds, streams or other bodies of water within or adjacent to the Properties; (n) Use of any Unit for operation of a timesharing, fraction -sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program with respect to Units which it owns; (o) 3s,ad discharge of firecrackers and other fireworks; provided, the Board shall have no obligatiop o take action to prevent or stop such discharge; (p) On=site moorage of gasoline, heating, or other fuels, except that a reasonable amount of fuel may be � d on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicle, generators, and similar equipment. This provision shall riot apply to any underground itie( tafik pursuant to Article IV; (q) Any business, trade"`garge sale, moving sale, rummage sale, or similar activity, except that an Owner or occupant rOidinj:i Unit so long as: (i) the existences or: ope detectable by sight, sound, or smell frOtlou all zoning requirements for the Properties;' visitation of the Unit by clients, customers, solicitation of residents of the Properties; residential character of the Properties and offensive use, or threaten the security or sa determined in the sole discretion of the Board n a Unit may conduct business activities within the ration of the business activity is riot apparent or tside the Unit; (ii) the business activity conforms to (-jithe business activity does not involve regular uppli�rs, or other business invitees or door-to-door The ternis "business" and "trade," as used in this °pOvsion, shall be construed to have their ordinary, generally accepted meanings and shall inclitde, without limitation, any occupation, work, or activity undertaken on an ongoing basis ich involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless o, whether. (i) such activity is engaged in full or part-time, (ii) such activity is intended to or doe , Senerate a profit, or (iii) a license is required. - The leasing of a Unit shall not be considered a business or trade yif�irn the meaning or this subsection. This subsection shall not apply to any activity conducted byxtebeclarant or a Builder approved by the Declarant with respect to its development and sale of tl_Noperties or its use of any Units which it owns within the Properties, including the operatioifof a timeshare or similar program; (r) Capturing, trapping, or killing of wildlife within the Properties, unless authorized by the Declarant or the Association, OR: 1538 PG: 1OE3 (s) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within the Properties or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution; (t) Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area on any Unit without prior approval pursuant to Article IV, provided that use of such areas shall be permitted by a Builder during the construction and marketing of anv portion of the Properties; (u)3ra%rof motorized vehicles, golf carts, or similar items on public or private roads, streets, paihvvays, ike trails, or trails maintained by the Association, except that golf carts may be operated on. paihs intended for such purposes; (v) Any construction, erection, or placement of any thing, permanently or temporarily, on the outside,..pctions of the Unit, whether such portion is improved or unimproved, except in strict compliance with the provisions of Article 1V of the Declaration. This shall include, without liitation;-sgns, basketball hoops, swing sets and similar sports and play equipment; clotheslines; garbage, ans; woodpiles; above -ground swimming pools, docks, piers and similar structures, and hems, walls, dog runs, animal pens, or fences of any kind. To the extent that the reviewer of a request #'o .any of the foregoing permits antennas or satellite dishes within the Properties, such shall,be'restheted to a size of 40 inches or less and be located or screened from view from the streets, adjacent nits, or Common Area; (w) Unless otherwise provided by jaWlplkement of antennas, satellite dishes, or other apparatus for the transmission, reception, or co.ication of television, radio, satellite, or ��,t��iurtk. other signals except for one small receiver % iel� n ak,,be located in the side or rear yard, installed adjacent to the residence, and integrated with tlleresidential structure and landscaping. Unless otherwise provided by law, dishes shall not �cceeti 40 inches in diameter. Any such devices shall be screened or landscaped from view from.the tr,"eet and adjacent Units; (x) Changing, altering, impeding, dumping, or otherwie interfering with the flow and volume of water in any portion of the Surface Water Management,System; and (y) Holiday lighting and decorations on the exterior of_Uniis-except for lighting and decorations that are displayed in commemoration or celebration of ptfibilirl observed holidays. Such lighting and decorations may not be displayed more than siX.:w sn advance of the holiday and must be removed within 30 days after the holiday has ended. `r , 3. Prohibited Conditions. The following shall be prohibited with (a) Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Properties; (b) Structures, equipment, or other items on the exterior portions of a Unit which have become rusty, dilapidated, or otherwise fallen into disrepair; 4 OR: 2638 PG: 1064 (c) Sprinkler or irrigation systems or wells of any type which draw upon water from takes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant, its designees, and Resource Conservation Systems, Inc., shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent of such permits granted by the South Florida Water Management District; and (d) No 0 er of a lakefront Unit may construct or install a fence in the rear yard of his/her Unit. Tkeardmay adopt additional restrictions with regard to the improvement of lakefront Units.' 4. Leasing of Uktif±�> "Leasing," for purposes of this paragraph, is defined as regular, exclusive occupancy of a'nit by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. All leases shall be in writin I o Owner may lease his/her Unit more than four times in any calendar year. The Board may require a minimum lease terns, which requirements may vary from Neighborhood to Neighborho: 'he Board may also require that an Owner utilize an approved form lease. Notice of any tease; a copy of the lease, together with such additional information, payment of fees, or other noamelm,as may be required by the Board, shall be given to /41 the Board by the Owner within I ,ays of °-,execution of the lease or prior to occupancy, whichever shall occur first. The Ow fie mustf , make available to the lessee copies of the Declaration, By -Laws, and the Use Restriction:' 5 OR: 2638 PG: 1065 EXHIBIT "D" MEDITERRA V 2: 2638 PG: 1066 TABLE OF CONTENTS ARTICLE SECTION ta I NAME, PRINCIPAL OFFICE, AND DEFINITIONS .............................................I 1.1. Name ....................................... 1 1.2. Principal Office .. .................................................................................................... 1.3-PefiPitions ................................................................... .......................................... II ASSOCiAT'110 N: MEMBERSHIP, MEETINGS, QUORUM, VOTING, PROXIES...,, j-� ........................................................................................... ............... 2.1. NlembershiV.-,.,,� ............................................... I ............... .................................. 2.2. Place of Metings ................................................................................ .................. I 16.3. Annual Meeting�—� .................... I ........................................... I ............. I ................. 2.4. Special Meerifrigs ,e .................................................................................................. 2.5. Notice of Mcetijtgs....... ........... 2 2.6. Waiver of Notice 2 2.7. Adjournment ofMeriting L`."........................... ............ I ........ I .................... .............2 2.8. Voting . ........................ .............................................................................. 2 2.9. Proxies ........................ -2 2.10. Majority ................... ......... ....................................................................... 3 2.11. Quorum. ................................................................... 3 ................ 2.12. Conduct of Meetings. .......................................... I ..................... 3 2.13. Action Without a Meeting ........... Z`� .....................................................................3 ILL BOARD OF DIRECTORS: NUMBER; P 60 'ERS, MEETINGS ..........................4 �� , , 1, � 1�1 A. Composition and Selection . .............. I ....... ..............................................4 3.1. Governing Body; Composition ........................ Z ....... 11 ............ ........................ 4 3.2. Number of Directors .. ....................... I ............. ............................................. 4 3.3. Directors During Class "B" Membership .............. ...................................4 3.4. Nomination and Election Procedures .................... 4 .................................. 3.5. Election and Term of Office .................... .............. 5 3.6. Removal of Directors and Vacancies.. .........................65 .. B. Meetings . ......................................................... ........................ ... . 3.7. Organizational Meetings .................................................... .... . .......... ................6 3.8. Regular Meetings .. .............................................. .............. I ........ ............. 6 3.9. Special Meetings .............................................. ............................. ....................... 6 3.10. Waiver of Notice .................................................................... 6 3.11. 'Telephonic Participation In Meetings . ...................................................... ........... 7 3.12. Quorum of Board of Directors .. ............................................................ ............... 7 3.13. Compensation .. ......................................................................... ........................... 7 3.14. Conduct of Meetings ............................................................................................. 7 3.15. Notice to Owners; Open Meetings .................................................................. ..... 7 n OR; 2638 PG: 1067 3.16. Action Without a Formal Meeting ........................................... .............................8 C. Powers and Duties....................................................................................................8 3.17. Powers...................................................................................................................8 3.18. Duties....................................................................................................................8 3.19. Right of Declarant to Disapprove Actions............................................................9 3.20. Management........................................................................................................10 3.21. Accounts and Reports......................................................................................... 11 3.22 c 1�1Crowing ............. 11 3.23 Rf*to Contract.................................................................................................11 3.24'.` E'nf rc ment........................................................................................................12 3.25. Board S1�ndards..................................................................................................13 IVOFFICERS .....................................................................................................13 k 4.1. Officers. s ....................................................................................................13 4.2. Election and Ter,Yii of Office................................................................................ 13 4.3. Removal and acancics,........................................................................................13 4A. Powers and Dunes....................................................................................13 4.5. Resignation. 4.6. Agreements, Contracts,, -Deed �s Leases, Checks, Etc..........................................14 4.7. Compensation.. ........ ......:G........................................................................14 VCOMMITTEES ........................................................................................14 .. ,, . 5.1. General ......................... I ................ 14 5.2. Covenants Committee........... 14 ................. 5.3. Neighborhood Committees... ......................................................14 VI MISCELLANEOUS ` . ..15 6.1. Fiscal Year ....................................... 15 6.2. Parliamentary Rules . ....................................... :_..:............................................15 6.3. Conflicts...................................................... i S 6.4. Books and Records .................................... .� ...................... 6.5. Notices...................................................................... 16 6.6. Amendment. ......................16 110 OR: 2638 PG: 1068 BY-LAWS OF MEDITERRA COMMUNITY ASSOCIATION, INC. Article I Name, Principal Office, and Definitions I.I. "Nafi LThe name of the corporation is Mediterra Community Association, Inc. (the "Association").) 1.2. Princ' al Office. The principal office of the Association shall be located in Lee County or Collier County, Florida. The Association may have such other offices, either within or outside the state o l*lat, as the Board of Directors may determine or as the affairs of the Association may require. 1.3. Definitions. Tho. H commonly understood definitions. CV that certain Declaration of Covenants, Public Records, as it may be amended ( A in these By -Laws shall be given their normal, terms shall have the same meaning as set forth in tzns, and Restrictions for Mediterra filed in the alaration"), unless the context indicates othenvise. 2.1. Membershill. The Association shi, have two classes of membership, Class "A" and Class "B," as more fully set forth in the ecWatidn, the terms of which pertaining to membership are incorporated by this reference. 2.2. Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient 9,the,,Members as the Board may designate, either within the Properties or as convenient as possi 1c a1,,W practical. 2.3. Annual Meetings. The first meeting of the Associates n,'Whether a regular or special meeting, shall be held within one year from the date of incorpor of, the Association. Meetings shall be of the Neighborhood Representatives and shall be opdn tote Members. Subsequent regular annual meetings shall be set by the Board so as to occur during the third quarter of the Association's fiscal year on a date and at a time set by the Board. 2.4. Special Meetings. The President may call special meetings. In addition, it shall be the duty of the President to call a special meeting if so directed by resolution of the Board or upon a petition signed by Neighborhood Representatives representing at least 33% of the total Class "A" votes of the Association. OR: 2638 PG: 1069 2.5. Notice of Meetings. Written or printed notice stating the place, day, and hour of any meeting of the Neighborhood Representatives shall be delivered, either personally or by mail, to each Neighborhood Representative entitled to vote at such meeting, and posted or published to the membership, not less than 10 nor more than 50 days before the date of such meeting, by or at the direction of the President or the Secretary or the officers or persons calling the meeting. In the case of a special meeting or when otherwise required by statute or these By - Laws, the purpospoi.purposes for which the meeting is called shall be stated in the notice. No business shall be (r cted at a special meeting except as stated in the notice. If mailed; ,the tice of a meeting shall be deemed to be delivered when deposited in the United States mall addressed to the Neighborhood Representative at his address as it appears on the records of the Association, with postage prepaid. 2.6. Waiver bf Kot ce. Waiver of notice of a meeting of the Neighborhood Representatives shall be deer d theti equivalent of proper notice. Any Neighborhood Representative may, in writing,' ivt Representatives, either before or afte�clt Representative shall be deemed waiver time, date, and place thereof, unless such lack ofproper notice at the time the meetii also shall be deemed waiver of notice o objection on the basis of lack of proper noti notice of any meeting of the Neighborhood .-eting. Attendance at a meeting by a Neighborhood itch Neighborhood Representative of notice of the ghborhood Representative specifically objects to i _cit]led to order. Attendance at a special meeting d)wbiisiness transacted at such meeting unless an bre the business is put to a vote. 2.7. Adjournment of Meetings. lfoo'mteting of the Association cannot be held because a quorum is not present, a majority of the Nefborhood Representatives who are present at such meeting may adjourn the meeting to a ti "e not less than five nor more than 30 days from the time the original meeting was called. At tlae rtic6nvened meeting, if a quorum is present, any business may be transacted which might' ti even transacted at the meeting originally called. If a time and place for reconvening the -meet'" g is not fixed by those in attendance at the original meeting, or, if, for any reason, a new.Alaie lis fixed for reconvening the meeting after adjournment, notice of the time and place for reconv n ng the meeting shall be given to Neighborhood Representatives in the manner prescribed forregdar meetings. The Neighborhood Representatives present at a duly called of"b"eldimeeting at which a quorum is present may continue to do business until adjournmeowithstanding the withdrawal of enough Neighborhood Representatives to leave less than a gdorut, provided that any action taken is approved by at least a majority of the votes required to constitutra quorum. 2.8. Voting, The voting rights of the Members shall be as set forth in the Declaration and in these By -Laws, and such voting rights provisions are specifically incorporated by this reference. 2.9. Proxies. Neighborhood Representatives may not vote by proxy but only in person or through their designated alternates; provided, however, any Neighborhood OR: 2636 PG: 1070 Representative who is only entitled to cast the vote(s) for his own Unit(s) pursuant to Section 6.4 of the Declaration may cast such vote in person or by proxy until such time as the Board first calls for election of a Neighborhood Representative to represent the Neighborhood of which the Unit is a part. On any matter as to which a Member is entitled to personally cast the vote for his Unit, such vote may be cast in person or by proxy, subject to the limitations of Florida law relating to use of general proxies and subject to any specific provision to the contrary in the Declaration or these By -Laws. Every proxy shall be in writing specifying the Unit for which it is given, signed by the° Member or his duly authorized attorney -in -fact, dated, and filed with the Secretary of thesssciation prior to the meeting for which it is to be effective. Unless otherwise specifically prov,idt4lin, the proxy, a proxy shall be presumed to cover all votes which the Member giving such $-6x'' is entitled to cast, and in the event of any contlict between two or more proxies purporting,t 'over the same voting rights, the later dated proxy shall prevail, or if dated as of the same ate, tboth shall be deemed invalid. Proxies shall be valid only for the specific meeting for whit lfgiven and lawful adjournments of such meeting. In no event shall a proxy be valid more than 90 days a er the date of the original meeting for which it was given. Every proxy shall be revocable at shall automatically cease upon conveyance of any Unit for which it was given or upon recevpt by the Secretary of written notice of revocation of the proxy or of the death or judicially declared competence of a Member who is a natural person. 2.10. MaJoritX. As use #i rieb By -Laws, the term "majority" shall mean those votes, Owners, or other group as the conteil may indicate totaling more than 501/;0 of the total eligible number. yf 2.11. Quorum. Except as other Declaration, the presence of Neighborhood Repfr Class "A" votes in the Association shall constitu If Neighborhood Representatives have not been person or by proxy shall constitute a quorum. 2.12. Conduct. of Meetings. The President'` Association, and the Secretary shall keep the minutes of book all resolutions adopted and all other transactions occu led in these By -Laws or in the representing a majority of the total i at all meetings of the Association. 1, 15% of the Members present in over all meetings of the and record in a minute meetings. 2.13. Action Without a Meeting. Any action required or Jermitted by law to be taken at a meeting of the Neighborhood Representatives may be talent ithout a meeting, without prior notice and without a vote if written consent specifically yautho zing the proposed action is signed by Neighborhood Representatives holding at least the mi ' urp n, tuber of votes necessary to authorize such action at a meeting if all Neighborhood Repre ent.at ' s entitled to vote thereon were present. Such consents shall be signed within 60 days after receipt of the earliest dated consent, dated and delivered to the Association at its principal place (business in the state of Florida. Such consents shall be filed with the minutes of the Association, and shall have the same force and effect as a vote of the Neighborhood Representatives at a meeting. Within 10 days after receiving authorization for any action by written consent, the Secretary shall give written notice to all Neighborhood Representatives entitled to vote who did not give their written consent, fairly summarizing the material features of the authorized action. �R; t. 1638 FV 1�11 Article III Board of Directors: Number Powers, Meetings A. Composition -and Selection. 3.1. Governing Body Com osition. The affairs of the Association shall be governed by a Board, of Directors, each of whom shall have one equal vote. Except with respect to directors appointed by the Class "B" Member, the directors shall be Owners. Co -Owners of a Unit may not serve the Board at the same time. In the case of a Member which is not a natural person, any inert director, partner or trust officer of such Member shall be eligible to serve as a director up .ess oherwise specified by written notice to the Association signed by such Member. 3.2. Number of provided in Sections 3.3 and identified in the Articles of Inc 3.3. Directors Durit Section 3.5, until the expiration o Section 6.3 of the Declaration, a n Member acting in its sole discretion 3.4. .ors. The Board shall consist of three to seven directors, as low. The initial Board shall consist of three directors as lion. "B" Membership. Subject to the provisions of ..on of the Class "B" membership as provided in -the directors shall be appointed by the Class "B" serve at the pleasure of the Class "B" Member. (a) Nominations and Declaratioris_s directors, the Board shall prescribe the opening dat r period in which each and every eligible person who,. director may file as a candidate for any position to be ii) also establish such other rules and regulations as it deen of directors in a fair, efficient and cost-effective manner. dace. Prior to each election of closing date of a reasonable filing bona -fide interest in serving as a Cass "A" votes. The Board shall opriate to conduct the nomination Except with respect to directors appointed by the Class "B','_Member, nominations for election to the Board may also be made by a Nominating Cr' itee. The Nominating Committee, if any, shall consist of a Chairman, who shall be a membe of tbe,43oard, and three or more Members or representatives of Members, with at least one represei ativ� from each Voting Group, if established. The members of the Nominating Committee sh e ap. ointed by the Board not less than 30 days prior to each annual meeting to serve a term,_of on 'year and until their successors are appointed, and such appointment shall be announced in the'riotice of each election. The Nominating Committee may make as many nominations for election to the Board as it shall in its discretion determine. The Nominating Committee shall nominate separate slates for the directors, if any, to be elected at large by all Class "A" votes, and for the director(s) to be elected by the votes within each Voting Group. In making its nominations, the Nominating 4 OR: 2638 PG: 10112 Committee shall use reasonable efforts to nominate candidates representing the diversity which exists within the pool of potential candidates. Each candidate shall be given a reasonable, uniform opportunity to communicate his or her qualifications to the Members and to solicit votes. (b) Election Procedures. Each Neighborhood Representative may cast all votes assigned to the Units which it represents for each position to be filled from the slate of candidates on which such Nei boyhood Representative is entitled to vote. There shall be no cumulative voting. That numb; of candidates equal to the number of positions to be filled receiving the greatest number ` Ores hall be elected. Directors may be elected to serve any number of consecutive terms. J �. 3.5. Election and Term of Office. Notwithstanding any other provision of these By -Laws, not later than the expiration of the Class "B" membership, or such earlier time as may be determined by the Class-'V �,Mcmber, the Board shall expand to seven directors. The President shall call for an election by which the Neighborhood Representatives shall be entitled to elect six of the seven directors w i an equal number of directors being elected by the Neighborhood Representatives representing,,, each Voting Group, if established. Three directors with the greatest number of votes shaCY semb,a term of two years, and the three other directors shall serve a term of one year. , So long as the Declarant owns k i constructed on the real property described irr,+,xhi the ordinary course of business, the Dech' t Thereafter, the director appointed by the Declaranl, be entitled to appoint a director to serve until t Neighborhood Representatives shall be entitled to director shall be elected for a term of two years. five percent of the Units which may be ,"A" and "B" of the Declaration for sale in ay, appoint one of the seven directors. iU resign and the remaining directors shall ns -annual meeting, at which time the ect irector to fill such position. Such Upon the expiration of the term of office of each director elected by the Neighborhood Representatives, the Neighborhood Representatiueentitled to elect such director shall be entitled to elect a successor to serve a term of two years. e,directors elected by the Neighborhood Representatives shall hold office until their respective successors have been elected. 3.6. Removal of Directors and Vacancies. Any A 'tor `elected by the Neighborhood Representatives may be removed, with or without came, % t the vote of Neighborhood Representatives holding at least 67% of the votes entitled to b cast for the election of such director. Any director whose removal is sought shall be give -notice prior to any meeting called for that purpose. Upon removal of a director, a successor shall be elected by the Neighborhood Representatives entitled to elect the director so removed to fill the vacancy for the remainder of the term of such director. Any director elected by the Neighborhood Representatives who has three consecutive unexcused absences from Board meetings, or who is more than 30 days delinquent in the 5 OR: 2638 PG: 1073 payment of any assessment or other charge due the Association, may be removed by a majority of the directors present at a regular or special meeting at which a quorum is present, and the Board may appoint a successor to fill the vacancy for the remainder of the term. In the event of the death, disability, or resignation of a director, the Board may declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the Neighborhood Representatives entitled to fill such directorship may elect a successor for the remainder of the term. Any "direct"for rich the Board appoints shall be selected from among Members within td by the director who vacated the position. the Voting Group repsen This Section shad nit apply to directors appointed by the Class 'B" Member nor to any director serving as representative of the Declarant. The Class "B" Member or the Declarant shall be entitled to appoint a successor to fill any vacancy on the Board resulting from the death, disability or resigrtationof a director appointed by or elected as a representative of the Class "B" Member or the Declg0rtt. B. Meetings. 3.7. Organizational Mee`tin, :.The first meeting of the Board following each annual meeting of the membership shall 6e (ie4d ithin 30 days thereafter at such time and place the Board shall fix. _ 3.8. Regular Meetings. Regularieets of the Board may be held at such time and place a majority of the directors shall deternti*, b tt-at least one such meeting shall be held during each fiscal year. Notice of the time and plac of„a Ke ular meeting shall be communicated to directors not less than four days prior to the meetingUw, 4orded, however, notice of a meeting need not be given to any director who has signed a wer cif notice or a written consent to holding of the meeting. 3.9. Special Meetings. Special meetings of'the, ward shall be held when called by written notice signed by the President or Vice President or by rf A two directors. The notice shall specify the time and place of the meeting and the natureatt special business to be considered. The notice shall be given to each director by: (a) personal delivery; (b) first class mail, postage prepaid; (c) telephone communication, either directly to a diector or to a person at the director's office or home who would reasonably be expected to o unicate such notice promptly to the director; or (d) facsimile, computer, fiber optics or othesuch) communication device. All such notices shall be given at the director's telephone number or suit t the director's address as shown on the records of the Association. Notices sent by first cla,wxaail shall be deposited into a United States mailbox at least four business days before the time set for the meeting. Notices given by personal delivery, telephone, or other communications device shall be delivered, telephoned, or transmitted at least 72 hours before the time set for the meeting. 3.10. Waiver of Notice. The transactions of any meeting of the Board, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after 6 OR; 2638 PG; 1074 regular call and notice if (a) a quorum is present, and (b) either before or after the meeting each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 3.11. Telephonic Participation in Meetings. Members of the Board or any committee designated by the Board may participate in a meeting of the Board or committee by means of confer7ecteIephone or similar communications equipment, by means of which all persons participatin �,i the meeting can hear each other. Participation in a meeting pursuant to this subsection shad_c jute presence in person at such meeting. 3.12. Ouor m al' oard of Directors. At all meetings of the Board, a majority of the directors shall constittoa c(uorum for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise spcically provided in these By -Laws or the Declaration. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any act' on',taken is approved by at least a majority of the required quorum for that meeting. If any M'gtingf1of the Board cannot be held because a quorum is not present, a majority of the directors print at such meeting may adjourn the meeting to a time not less than five nor more than 30 days frtimiffid'�date of the original meeting. At the reconvened meeting, if a quorum is present, any busiress*wihch might have been transacted at the meeting originally called may be transacted withouturhet'notice. 3.13. Compensation. Directors,,,Wall -not receive any compensation from the Association for acting as such unless approved dobyborhood Representatives representing a majority of the total Class "A" votes in the Assoc io 'at,a regular or special meeting of the Association. Any director may be reimbursed for expenses neurred on behalf of the Association upon approval of a majority of the other directors. Noti herein shall prohibit the Association from compensating a director, or any entity with which a direclar, is affiliated, for employment, services or supplies furnished to the Association in a manage Ur' le or capacity other than as a director pursuant to a contract or agreement with the Associutio provided that such director's interest was made known to the Board prior to entering into such contract. 3.14. Conduct of Meetings. The President shall presWovereall meetings of the Board, and the Secretary shall keep a minute book of Board meeti4s;>rcording all Board resolutions and all transactions and proceedings occurring at such meetings/ 3.15. Notice to Owners, Open Meetings. Except in an emergency; no ice of Board meetings shall be posted or published within the Properties in a conspicuous pj within the Properties which the Board establishes for the posting of notices relating to Elie Association at least 48 hours in advance of the meeting. Notice of any meeting at which assessments are to be established shall state that fact and the nature of the assessment. Subject to the provisions of Section 3.16, all meetings of the Board shall be open to all Neighborhood Representatives and all Owners, but attendees other than directors may not participate in any discussion or deliberation unless permission to speak is requested on their behalf by a director. In such case, the President 7 OR; 2638 PG. 1075 may limit the time any such individual may speak. Notwithstanding the above, the President may adjourn any meeting of the Board and reconvene in executive session, and may exclude persons other than directors, to discuss matters of a sensitive nature, such as pending or threatened litigation, personnel matters, etc. 3.16. Action Without a Formal Meeting. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the directors, and such consent shall have the same force and effect as a unanimous vote. C 3.17. P os. 'The Board of Directors shall have all of the powers and duties necessary for the adm nistration of the Association's affairs and for performing all responsibilities and exercising all ri hts of the Association as set forth in the Declaration, these By -Laws, the Articles, and as prtivied by law. The Board may do or cause to be done all acts and things which the Declaratio Articles, these By -Laws, or Florida law do not direct to be done and exercised exclusively by eh Neighborhood Representatives or the membership generally. 118. Duties. The duties (a) preparing and adoptingin establishing each Owner's share of the Common Declaration;: (b) levying and collecting such a: shall include, without limitation: e with the Declaration, an annual budget ses and any budgets required under the to the Owners; (c) providing for the operation, care, 't pk Ltd maintenance of the Area of Common Responsibility; 11 1,, . `_ (d) designating, hiring, and dismissing the persael, organizations, companies, and others necessary to carry out the rights and responsibilities of the Association and where appropriate, providing for the compensation of such and for the purcasef equipment, supplies, and materials to be used by such in the performance of their duties; (e) depositing all funds received on behalf of the', Aii,on in a bank depository which it shall approve, and using such funds to operate the Association provided, any reserve funds may be deposited, in the directors' best business judgment, in depot i, es other than banks; (f) making and amending Use Restrictions and Rules and Regulations governing the Association in accordance with the Declaration; (g) opening of bank accounts on behalf of the Association and designating the signatories required; OR: 2638 PG: 1076 (h) making or contracting for the making of repairs, additions, and improvements to or alterations of the Common Area in accordance with the Declaration and these By -Laws; (i) enforcing by legal means the provisions of the Governing Documents and bringing any proceedings which may be instituted on behalf of or against the owners concerning the Association; prov3ided, the Association shall not be obligated to take action to enforce any covenant, restricponbr le which the Board in the exercise of its business judgment determines is, or is likely 6-be-e6iistrued as, inconsistent with applicable law, or in any case in which the Board reasonablycetemiri's that the Association's position is not strong enough to justify taking enforcement action;,`. ` 0) obtaining and carrying property and liability insurance and fidelity bonds, as provided in the Declaration, pay) g the cost thereof, and tiling mid adjusting claims, as appropriate; (k) paying the cost o 1'services rendered to the Association, (1) keeping books with detailed accounts of the receipts and expenditures of the Association;- . (m) making available to anp7rspc/licdive purchaser of a Unit, any Owner, and the holders, insurers, and guarantors of any MortgV�"_ rty Unit, current copies of the Declaration, the Articles of Incorporation, the By -Laws, t, all other books, records, and financial statements of the Association as provided in Sectio (n) permitting utility suppliers to use ,po� ns. of the Common Area reasonably necessary to the ongoing development or operation of we,I'ropc ies; (o) entering into agreements with service add u ility providers for services provided to Units and the Common Area, including, without.lsrridation, cable television, fiber - optics, and telecommunication equipment; gA (p) indemnifying a director, officer or committee member _Yor former director, officer or committee member of the Association to the extent such irrdem City is required by Florida law, the Articles of Incorporation or the Declaration; (q) assisting in the resolution of disputes as set forth in the Dcc`taraon; and (r) cooperating with and performing any obligations requiierd pursuant to a Covenant to Share Costs or an agreement with one or more Community Development District(s). 3.19. Right of Declarant to Disapprove Actions. So long as the Declarant or a Builder owns any property described on Exhibits "A" or "B" of the Declaration (regardless of whether such property is submitted to the Declaration), the Declarant shall have a right to 9 OR: 2638 PG: 1077 disapprove any action, policy or program of the Association, the Board and any committee which, in the sole judgment of the Declarant, would tend to impair rights of the Declarant or Builders under the Declaration or these By -Laws, or interfere with development or construction of any portion of the Properties, or diminish the level of services being provided by the Association. (a) The Declarant shall be given written notice of all meetings and proposed actions approved at meetings (or by written consent in lieu of a meeting) of the Association, the Board or any co rr>ttee. Such notice shall be given by certified mail, return receipt requested, or by personaF eliv % at the address it has registered with the Secretary of the Association, which notice corripiip"s to the Board meetings with Sections 3.8, 3.9, 3.10, and 3.11 and which notice shall, except i thek" ase of the regular meetings held pursuant to the By -Laws, set forth with reasonable panic aria! agenda to be followed at such meeting; and (b) The Declarant shall be given the opportunity at any such meeting to join in or to have its representatives or aget is join in discussion from the floor of any prospective action, policy, or program which woulde subject to the right of disapproval set forth herein. No action, policy or pro ram ubject to the right of disapproval set forth herein shall become effective or be implemente&tintil and unless the requirements of subsections (a) and (b) above have been met. The Declarant, its representatives-'� ragc;nts shall make its concerns, thoughts, and suggestions known to the Board and/or the r mb ,h of the subject committee. The Declarant, acting through any officer or director, agent or on4ed representative, may exercise its right to disapprove at any time within 10 days follow ing.t rn ctirtg at which such action was proposed or, in the case of any action taken by written consent of a meeting, at any time within 10 days following receipt of written notice of the proposed WI?C' n.. This right to disapprove may be used to block proposed actions but shall not include a h 6 re4uire any action or counteraction on behalf of any committee, or the Board or the Association.,Th 'Declarant shall not exercise its rights hereunder to reduce the level of services which the Association is obligated to provide or to prevent capital repairs or any expenditure required to -c= with applicable laws and regulations. 3.20. Management. The Board of Directors may employ46r the Association a professional management agent or agents at such compensation as the°=)boa ,may establish, to perform such duties and services as the Board shall authorize. Any raFt r management agreement entered into by the Association must be fair and reasonable; pioVide( hpwever, prior to the Board terminating a management agreement, the removal or termination shah be approved by a majority of the Board and Neighborhood Representatives representing. l%-Vf the total Class "A" votes in the Association, and the consent of the Class "B" Member, if such exists. The Board of Directors may delegate such powers as are necessary to perform the manager's assigned duties but shall not delegate policymaking authority. The Declarant or an affiliate of the Declarant may be employed as managing agent or manager. 10 CR; 2638 PG; 1078 The Board of Directors may delegate to one of its members the authority to act on behalf of the Board on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board. 3.21. Accounts and Reports. The following management standards of performance shall be followed unless the Board by resolution specifically determines otherwise: (a) accrual accounting, as defined by generally accepted accounting principles, shall be (b) cutjttg and controls should conform to generally accepted accounting principles; er (c) cash mounts of the Association shall not be commingled with any other accounts; (d) no remuneration, commissions, or fees shall be accepted by the managing agent from vendors, independent,,cpatrictors, or others providing goods or services to the Association; e (e) any financial or oil firm providing goods or services to the Directors; which the managing agent may have in any i shall be disclosed promptly to the Board of (f) an annual report consisting:ot`at f , t the following shall be made available to all Members within 60 days after the close o. be Beal year: (1) a balance sheet; (2) an operating (income) statement; and (3) a statement oUchoifigi year. Such annual report shall be prepared on an autiite , Board determines, by an independent public accountant, pry holder, guarantor or insurer of any first Mortgage on a Ur audited financial statement. Audited financial statements s reasonable period of time which may extend beyond 60 days in financial position for the fiscal viewed, or compiled basis, as the i)pd, upon written request of any the, Association shall provide an pep. vided, if requested, within a Re close of the fiscal year. 3.22. Borrowine. The Association shall have the pover t borrow money for any legal purpose; provided, after termination of the Class "B" membershxp the Board shall obtain Neighborhood Representative approval in the same manner provided in' ISection 8.4 of the Declaration for Special Assessments if the proposed borrowing is far. purpose of making discretionary capital improvements and the total amount of such borrowing; tgether with all other debt incurred within the previous 12-month period, exceeds or would exceed 50% of the budgeted gross expenses of the Association for that fiscal year. ;F� 3.23. Right to Contract. The Association shall have the right to contract with any Person for the performance of various duties and functions. This right shall include, without limitation, the right to enter into common management, operational, or other agreements with one or more Community Development District(s), trusts, condominiums, cooperatives, tax- OR: 2638 tG, 1079 exempt foundations, Neighborhood Associations, or other community associations, within and outside the Properties. 3.24. Enforcement. The Association shall have the power, as provided in the Declaration, to impose sanctions for any violation of the Governing Documents. Prior to the imposition of any sanction requiring notice under the Declaration, the following procedures shall apply: (a)> " �Nlo ice. The Board or its delegate shall serve the alleged violator with written notice desc 5"o"fl6ot i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a pefless than 14 days within which the alleged violator may present a a written request for he ' g `tp the Board before the Covenants Committee, established pursuant to Article V; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 14 days of the notice. if a timely challenge is not made, the sanction stated in" they notice shall be imposed if approved by the Covenants Committee; provided the COVenarits Committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 14-day period. Such suspension shall not constitute a waiver of the right to. s ctacn future violations of the same or other provisions and rules by any Person. (b) Hearing. If a heariri#, is hearing shall be held before the Covena ifs "'1 shall be afforded a reasonable opportunity to hereunder, proof of proper notice shall be pl `ce be deemed adequate if a copy of the notice, (o) delivery, is entered by the officer, director, c requirement shall be deemed satisfied if the al meeting. The minutes of the meeting shall c hearing and the sanction, if any, imposed. ed within the allotted 14-day period, the in executive session. The alleged violator Prior to the effectiveness of any sanction minutes of the meeting. Such proof shall th a statement of the date and manner of ► %vho delivered such notice. The notice iolo or its representative appears at the a,�rt"ttcn statement of the results of the (c) Appeal. Following a hearing before the oven ants Committee, the violator shall have the right to appeal the decision to the Board of Diiors. To exercise this right, a written notice of appeal must be received by the manager, Pre i iept, or Secretary of the Association within 14 days after the hearing date. (d) Additional Enforcement Rights. Notwithstanding ainythiri# to the contrary in this Article, the Board may elect to enforce any provision of the Decl' n, these By -Laws, or the rules of the Association by self-help (specifically including, but not litcd; the towing of vehicles that are in violation of parking rules) or, following compliance" 'wth the dispute resolution procedures set forth in Article XIV of the Declaration, if applicable,`'by_suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. Any entry onto a Unit for purposes of exercising this power of self-help shall not be deemed as trespass. 12 OR; 2638 PG; 1080 3.25. Board Standards. While conducting the. Association's business affairs, the Board shall be protected by the business judgment rule. The business judgment rule protects a director from personal liability so long as the party claiming liability does not prove that the director failed to: (a) serve in a manner the director believes to be in the best interests of the Association and the Members; (b) serve in good faith; or (c) act with such care as an ordinarily prudent person in a like position would use under similar circumstances. In fulfilling its governance responsibilities, the Board's actions shalt be governed and tested by ihe>rleof reasonableness. The Board shall exercise its power in a fair and nondiscriminatoryaiu%er and shall adhere to the procedures established in the Governing Documents. i Operational standards of the Board and any committee appointed by the Board shall be the requirements set`!orth in the Governing Documents or the minimurn standards which Declarant, the Board, and the Arcitectural Review Committee may establish. Such standard shall, in all cases, meet or ezczed he standards set by Declarant and the Board during the Class "B" membership. Operational4tandards may evolve as the needs and demands of Mediterra change. IV 4.1. Officers. The officers of th=etar Secretary, and Treasurer. The President and Se of the Board; other officers may, but need not be'ran such other officers, including one or more Assista Treasurers, as it shall deem desirable, such officers duties as the Board prescribes. Any two or more offi the offices of President and Secretary. 4.2. Election and Term of Office. The B Association at the first meeting of the Board following each Representatives, to serve until their successors are elected. i shall be a President, Vice President, be elected from among the members f the Board. The Board may appoint taries and one or more Assistant rV"Such authority and perform such y hbeld by the same person, except elect the officers of the ting of the Neighborhood 4.3. Removal and Vacancies. The Board may remove any o cer whenever in its judgment the best interests of the Association will be served, and may' any ,vacancy in any office arising because of death, resignation, removal, or otherwise, for the- uneirpd portion of the term. 4.4. Powers and Duties. The officers of the Association shall each have such Powers and duties as generally pertain to their respective offices, as well as such powers and duties as may specifically be conferred or imposed by the Board of Directors. The President shall be the chief executive officer of the Association. The Treasurer shall have primary responsibility for the preparation of the budget as provided for in the Declaration and may 13 uti; 2638 PG: 1081 delegate all or part of the preparation and notification duties to a finance committee, management agent, or both. 4.5. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 4.6 The Board may, from time to time adopt 'solu ions regarding the number of persons and their capacity to execute agreements, contracts; dee` s, leases, checks, and other instruments of the Association. Until such a resolution is 4o t dyI`one officer or managing agent may execute agreements, contracts, deeds, leases, checks, and othei"instruments of the Association. 4.7. Compensati6n. Compensation of officers shall be subject to the same limitations as compensation ofdir tors under Section 3.13. Article V 5.1. General. The Board rtia appait perform such tasks and to serve for such Pend s 1 committee shall operate in accordance wit} the authorized to recommend policies or recommend p behalf of the Association. Individual committee-ni policies or take action on behalf of the Association empowered to randomly tour the Properties, supervi issue policies. Such action is inconsistent with effec such committees as it deems appropriate to Board may designate by resolution. Each its of such resolution. Committees are enures to the Board as a collective body on nbrer� are not authorized to carry out such Fore mple, individual members are not or Association personnel, or, governance. 5.2. Covenants Committee. In addition to any other . ommittees which the Board may establish pursuant to Section 5.1, the Board may appoint avenants Committee consisting of at least three and no more than seven Members who are not officers, directors, or employees of the Association, or related by blood or marriage to any of the fbiegoirij Acting in accordance with the provisions of the Declaration, these By -Laws, and resolutions the-B iprd may adopt, the Covenants Committee shall be the hearing tribunal of the Association an shall conduct all hearings held pursuant to Section 3.24 of these By -Laws. 5.3. Neighborhood Committees. In addition to any other committees appointed as provided above, each Neighborhood which has no formal organizatiortA structure or association may elect a Neighborhood Committee to determine the nature and extent of services, if any, to be provided to the Neighborhood by the Association in addition to those provided to all Members of the Association in accordance with the Declaration. A Neighborhood Committee may advise the Board on any other issue but shall not have the authority to bind the Board. Such Neighborhood Committees, if elected, shall consist of three to five Members, as determined by the Board. 14 OR: 2638 PG: 1082 Neighborhood Committee members shall be elected for a term of one year or until their successors are elected. Any director elected to the Board from a Neighborhood shall be an ex offlcio member of the Neighborhood Committee. The chairperson of the Neighborhood Committee shall be the Neighborhood Representative, shall preside at meetings of the Neighborhood Committee, and shall be responsible for transmitting any and all communications to the Board. In thp conduct of its duties and responsibilities, each Neighborhood Committee shall abide by the` notiand quorum requirements applicable to the Board. Meetings of a Neighborhood C6mmitti4 shall be open to all Owners of Units in the Neighborhood and their representatives. ofa Neighborhood Committee may act by unanimous written consent in lieu of a meeting. ;. Article VI Miscellaneous 6.1. Fiscal !(. The, finical year of the Association shall be the calendar year unless the Board establishes a differettf f scal`year by resolution. 6.2. Parliamentary Rules: Robert's Rules of Order (current edition when not in conflict with Florida law, the Laws. as may be modified by Board resolution, ern the conduct of Association proceedings f Incorporation, the Declaration, or these By- 6.3. Conflict.4. If there are conflict c the provisions of Florida law, the Articles of Incorporation, the Declaration, and these By Aws;. the provisions of Florida law, the Declaration, the Articles of Incorporation, and the that order) shall prevail. 6.4. Books and Records. (a) Inspectimby Members and Mortl agges. The B shall make available for inspection and copying by any holder, insurer or guarantor of aortgage on a Unit, any Member, or the duly appointed representative of any of the foregoingt�ny =reasonable time and for a purpose reasonably related to his or her interest in a Unit: th' Gnerning Documents, including any amendments, the membership register, books of account; ngtes of meetings of the Members, the Board, and committees, and any other document or record which under state law is an official record of the Association. The Board shall provide for such inspection to take place within 10 days of written request at the office of the Association or at�such ther place within Lee County as the Board shall designate. (b) Rules for Inspection. The Board shall establish rules with respect to: (i) notice to be given to the custodian of the records; 15 4R, 2638 PG; 11083 (ii) hours and days of the week when such an inspection may be made; and (iii) payment of the cost of reproducing documents requested and any administrative or management costs associated with providing or monitoring the inspection. 6.5. Notices. Except as otherwise provided in the Declaration or these By -Laws, all notices, demands bills, statements, or other communications under the Declaration or these By -Laws shalf,be.in�riting and shall be deemed to have been duly given if delivered personally or if sent by United xtatemail, first class postage prepaid: (a) i ,lo`VNfember or Neighborhood Representative, at the address which the Member or Neighborhood Representative has designated in writing and filed with the Secretary or, if no such address haiebeen designated, at the address of the Unit of such Member or Neighborhood Representative; or (b) if to the lAss�iation, the Board, or the managing agent, at the principal office of the Association or the managing'atKni Or at such other address as shall be designated by notice in writing to the Members pursuant to thiSection. 6.6. Amendment. (a) By Declarant. Prior- to etinirtation of the Class "B" membership, the Declarant may unilaterally amend these By-Lo ws f ny purpose. Thereafter, the Declarant may unilaterally amend these By -Laws at any ti t"andfr6in time to time if such amendment is necessary (i) to bring any provision into complian e"%vIit1h.any applicable governmental statute, rule or regulation, or judicial determination; (ii) to iab)e ay reputable title insurance company to issue title insurance coverage on the Units; or (iii) toenable, any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loan4; incJuding, for example, the Federal National Mortgage Association or Federal Home Loar `,Mo gage Corporation, to make, purchase, insure or guarantee mortgage loans on the Unif"s; p vided, however, any such amendment shall not adversely affect the title to any Unit unless -,the Owner shall consent thereto in writing. Additionally, so long as the Declarant owns any propertdescribed on Exhibits "A" or "B" to the Declaration (regardless of whether such property is subjected to the Declaration), the Declarant may unilaterally amend these By -Laws for any of ei rpose, provided the amendment has no material adverse effect upon any right of any Mem r,. (b) By Members Generally. Except as provided above, these, —laws may be amended only by the affirmative vote or written consent, or any combinatiot thereof, of Neighborhood Representatives representing 51 % of the total Class "A" votes ii"l' a Association, and the consent of the Class "B" Member, if such exists. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. (c) Validity and Effective Date of Amendments. Amendments to these By -Laws shall become effective upon recordation in the Public Records, unless a later effective date is 16 OR: 2638 PG: 1084 specified therein. Any procedural challenge to an amendment must be made within six months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of these By - Laws. No amendment may remove, revoke, or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant, the Class "B" Member, or the assignee of such right or privilege. 531 17 OR: 2638 PG; 1085 CERTIFICATION I, the undersigned, do hereby certify: That I am the duly elected and acting Secretary of Mediterra Community Association, Inc., a Florida corporation; That4e fo going By -Laws constitute the original By -Laws of said Association, as duly adopted at aiet ng,.of the Board of Directors thereof held on the day of 2000. i IN WITNESS""EREOF, I have hereunto subscribed my name and affixed the seal of said Association this _ dad o 2000. [SEAL] is *** OR: 2638 PG: 1086 *** CONSENT SUNTRUST BANK, f/k/a SUNTRUST BANK, CENTRAL FLORIDA, N.A., a national banking association, as Mortgagee under that certain Amended and Restated First Mortgage and Security Agreement and Spreader Agreement recorded in O.R. Book 2410, Page 2828, as amended by that certain Amendment to Amended and Restated Mortgage and Security Agreement recorded in O.R. Book 2585, Page 855, and as Assignee under that certain Assignment of leases and Revenues recorded in O.R:;B¢ok 2410, Page 2852, as amended by that certain Amendment to Assignment of Leases and revnu�s,� carded in O. R. Book 2585, Page 859, and as Secured Party under that certain UCC-1 Financog S,tattiment recorded in O.R.Book 2410, Page 2865, and UCC-1 Financing Statement, recordecin .R. Book 2602, Page 2650, all of the Public Records of Collier County, Florida, (collective;. e�'Loan Documents"), which Loan Documents were executed by BONITA BAY PROPERTIES, IN alorida corporation, LONG BAY PARTNERS LLC, a Florida limited liability company, BONITA BAY LIMITED PARTNERSHIP, a Florida limited partnership, and RESOURCE CONSERV'ATI.Obit SYSTEMS, INC., a Florida corporation, (collectively, the "Borrower"), hereby consents tthe execution and recordation of this Declaration of Covenants and Restrictions for Mediterra (' Decl Lion"), and by said Consent, agrees to subject itself, its successors, and assigns, to the prd isio lsof such Declaration. Dated this -ZV I) day of _ ft� 2000. Witness: _. SUNTRUST BANK, N.A., a National Banking Association t ature) ed Name: C f S L I(I .. 9—t A -W, flNtit c,KrlU} ----- Post'iJte dress: LOMA SunTruster (Signature) 200 South OrangeAvenue Printed Name: 6ckmn,l �,. 1��c.S.r u� Orlando, FL of ., CORPORATE SEAL) STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 2000, by _� L� t , as `f%ctz✓Le-ate _ of Srust Ban N.A., a national banking association, on be alf of the association, who is personally known to me. J-�- ''�. calow M t'a1°'" Notary Public * *Mr c ffro ion ccroeosa Printed Name: (Affix Seal) ,1T/ Exp= imAwy 1. 2= --- My Commission Expires: S UL ! M FILESJSHPI - Swl ruu Mt&�Sw True Conwat (C'W[m County) wpd THIS INSTRUMENT WAS PREPARED BY: JOHN P. MALONEY. P.S.M.K.S4493 WILSONMTLLER, INC. M DITERRA.. PHAS THREE ENGINEERS, PLANNERS AND SURVEYORS WILSON PROFESSIONAL CENTER, SUITE 200 3200 BAILEY LANE AT AIRPORT ROAD "I ART F NAPLES, COLLAER COUNTY. FLORIDA 34105 A SUBDIVISION O (239) 649-4040 CERTIFICATE OF AUTHORIZATION # LB-43 NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM. IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL. THERE MAY BE ADDIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY - DEDICATIONS STATE OF FLORIDA SS COUNTY OF COLLIER ) KNOW ALL MEN BY THESE PRESENTS 'THAT: LONG BAY PARTNERS I...I-,C, A FLORIDA LIMITED LIABILITY COMPANY AND MEDITERRA SOUTH COMMUNITY DEVELOPFIVIENT DISTRICT, THE OWNERS OF Ti-,IE LAND DESCRIBED HEREON HAS CAUSED THIS PLAT E N T I T L E D - I=ffgPAA PlIASM THM Kin, UNff ONE - TO BE MADE AND DOES HEREBY DEDICATE DR RESERVE THE FOLLOWING: A. DEDICATES TO THE MEDITERRA COMMUNITY ASSOCIATION, INC.: 1) ALL ROADWAYS SHOWN AS TRACT "H" AS A PRIVATE RIGHT-OF-WAY M.O.Wl SUBJECT TO THE EASEMENTS DEPICTED THEREON WITH RESPONSIBILITY FOR MAINTEN� 'CE, 2) ALL LANDSCAPE BUFFER EASEMENTS SHOWN AS TRACTS "A% "14% `N11, AND "Q" SUBJECT TO THE EASEMENTS DEPICTED THEREON WITH RESPONSIBILITY FOR MAINTENANCE, 3) ALL DRAINAGE EASEMENTS (D.E.) AS INDICATED ON THE PLAT, FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF THOSE RESPECTIVE DRAINAGE FACILITIES WITH RESPOSIBILITY FOR MAINTENANCE. 4) ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) FOR MAINTENANCE PURPOSES, WITH RESPONSIBILITY FOR MAINTENANCE. 5) ALL SIDEWALK EASEMENTS (S.W.E.) SHOWN HEREON WITH AFSPONSTBTLITY FOR THE COST OF ANY AND ALL REPAI[l, REPLACEMENT, MAINTENANCE OR RESTORATION OF THE EASEMENT AREAS. 6) ALL ACCESS EASEMENTS (A.E,) EXCLUDING TRACT `R-1", SHOWN HEREON W.ITH RESPONSIBILITY FOR MAINTENANCE. BRESERVES TO LONG BAY PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY ITS SUCCESSORS AND OR ASSIGNS: 1) TRACTS "B", "C", AND "D" FOR FUTURE DEVELOPMENT SUBJECT TO THE EASEMENTS CREATED HEREON, WIT)l RESPONSIBILITY FOR MAINTENANCE. 2) PARK SITE IDENTIFIED AS TRACT "F", SUBJECT TO EASEMENTS CREATED HEREON, WITH RESPONSIBILITY FOR MAINTENANCE. 3) TRACT AS AN ACCESS EASEMENT WEI, DRAINAGE EASEMENT (D.EJ, LANDSCAPE BUFFER EASEMENT (L.B.E.) AND DEPICTED EASEMENTS, WITH RESPONSIBILITY FOR MAINTENANCE, 4) LAKE TRACTS `L73" AND "L-74", SUBJECT TO DRAINAGE EASEMENTS AND LAKE MAINTENANCE EASEMENTS FOR LAKE, DRAINAGE AND SPDRMWATFR MANAGEMENT PURPOSES, WITH RESPONSIBILITY FOR MAINTENANCE, 5) THE RIGHT OF INGRESS AND EGRESS OVER AND ACROSS TRACTS `R` AND "R-111, ALL DRAINAGE EASEMENTS (D.E.), ALL PRIMARY DRAINAGE EASEMENTS (P.D.F.) AND ALL ACCESS EASEMENTS (A.E.) WITH NO RESPOSIBILITYfOR MAINTENANCE, 6) PERPETUAL, NON-EXCLUSIVE TECHNOLOGY UTILITY EASEMENTS (T,U.E.) AS SI-IOWN HEREIN FOR THE PURPOSES OF CONSTRUCTING, INSTALLING, OPERATING, MAINTATNTNIG, REPAIRING AND REPLACING UTILITY SYSTEMS, INCLUDING, WITHOUT LIMITATION, GAS, TELEPHONE, TELECOMMUNICATIONS, CABLE TELEVISION, SECURITY AND SIMILAR SYSTEMS. SUCH EASEMENTS BEING RESERVED TO I.-ONG RAY PARTNERS LLC, MAY BE GRANTED OR CONVEYED TO THIRD PARTIES AND MAY. BUT NOT NECESSARILY, BE PERPETUAL AND IRREVOCABLE, AT' WHICH POINT SUCH TECHNOLOGY UTILITY EASEMENTS OR INTERESTS SHALL BE MORE PARTICULARLY DESCRIBED IN THE INSTRUMENT GRANTING OR CONVEYING SUCH EASEMENTS OR INIRE',S)TS. ALL RIGHTS AND INTERESTS RESERVED OR LATER GRANTED PURSUANT TO THE TECHNOLOGY UTILITY EASEMENT HEREIN SHALL BE INFERIOR AND SUBDRDINATE TO ANY RIGHT OR INTEREST PURSUANT TO THE EASEMENTS DEDICATED UNDER PARAGRAPH G BELOW. ANY USE PURSUANT TO A TECHNOLOGY UTILITY EASEMENT MUST NOT INTERFERE WITH ANY USE PURSUANT TO THE EASEMENTS OEOICATED IN PARAGRAPH G. IF THERE IS A CONFLICT' BETWEEN ANY EXISTING OR PROPOSED USE PURSUANT TO PARAGRAPH G BELOW, AND ANY EXISTING OR PROPOSED USE PERSUANT 'TO A TECHNOLOGY UTILITY EASEMENT THEN ANY FACILITIES, EQUIPMENT OR USE PURSUANT TO A TECHNOLOGY UTILITY EASEMENT WILL BE MDVFD, CHANGED OR TERMINATED AT THE EXPENSE OF THE HOLDER OF THE TECHNOLOGY UT111TY EAs'EMENT IN ORDER TO REMOVE ANY SUCH CONFLICT. EXCEPT AS PERMITTED BY LONG BAY PARTNERS LLC, IN AN INSTRUMENT GRANTING OR CONVEYING A TECHNOLOGY UTILITY EASEMEN-T, ALL FACILITIES CONSTRUCT -FED on INSTALLED BY ANY OF THE GRANTEES OF THE TECHNOLOGY UTILITY EASEMENTS DESCRIBED ABOVE SHALL BE PLACED UNDERGROUND. 7) ALI,- HOAOWAYS SHOWN AS TRACT "R-l" AS A PRIVATE RIGHT-OF-WAY (n--O.W,) SUBJECT TO THE EASEMENTS DEPICTED THEREON WITH RESPONSIBILITY FOR MAINTENANCE. 8) ALL LANDSCAPE BUFFER EASEMENT' TRACTS SHOWN AS TRACTS "E", "G" "I" "0", AND "Pll SUBJECT TO THE EASEMENTS DEPICTED THEREON WITH RESPONSIBILITY FOR MAINTENANCE. C. RESERVES TO MEDITERRA SOUTH COMMUNITY DEVEi OPMENT DISTRICT: 1) THOSE LAKE TRACTS SHOWN AS TRACTS "L-66", "L-67% -168% "L "L-75" AND SUBJECT TO "L-69", %_-70", "L-71". DRAINAGE EASEMENTS AND LAKE MAINTENANCE EASEMENTS FOR LAKE, DRAINAGE AND STORMWATER MANAGEMENT I"URPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 2) THE RIGHT OF INGRESS AND EGRESS OVER AND ACROSS TRACT "R", TRACT "H" AND THE ACCESS EASEMENT (A.F.) OVER TRACT "A" AS SHOWN ON PLAT WITH NO RESPONSIBILITY FOR MAINTENANCE. 3) ALL PRIMARY DRAINAGE EASEMENTS (P.D.E.), FOR THE PURPOSE OF DRAINAGE, MAINTENANCE AND ACCESS, RESERVING, HOWEVER, 1-0 LONG BAY PARTNERS, [.-.[-.0 THE RIGHT TO USE THE PRIMARY DRAINAGE EASEMENTS (P.D.E.) FOR THE SAME PURPOSES. 4) TRACT "CA", CONSERVATION AREA (C,A.) AS SHOWN ON THE PLAT WITH RESPONSIBILITY FOR MAINTENANCE AND SET FORTH BELOW: THE CONSERVATION AREA MAY IN NO WAY BE ALTERED FROM ITS NATURAL STATE EXCEPT AS PROVIDED FOR BY THE COLLIER COUNTY LAND DEVELOPMENT CODE, ACTIVITIES PROHIBITED WITHIN THE CONSERVATION EASEMENTS (OTHER THAN CLEARING AND CONSTRUCTION FOR DRAINAGE FACILITIES) TINCLUDE BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING OF OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WJTH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION. EROSION CONTROL OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. 5) A DRAINAGE EASEMENT OVER AND ACCROSS LAKE TRACT '173" WITH NO RESPONSIBILITY FOR MAINTENANCE. 1). DEDICATES TO THE COLLIER COUNTY WATPH-SEWER DISTRICT: 1) ALL COUNTY UTILITY EASEMENTS (C.U.E.) AS INDICATED ON THE PLAT FOR THE PURPOSE OF PROVIDING AND MAINTAINING WATER AND SEWER SERVICE WITHOUT RESPONSIBILITY FOR MAINTENANCE. 2) ALL POTABLE WATER DISTRIBUTION I....INES CONSTRUCTED WITHIN THE PLATTED AREA UPON ACCEPTANCE OF THE IMPROVEMENTS REQUIRED BY THE LAND DEVELOPMENT CODE, 3) ALL SEWER FACILITIES CONSTRUCTED WITHIN THE PLATTED AREA UPON THE ACCFPTANCF OF THE IMPROVEMENTS REQUIRED BY THE LAND DEVELOPMENT CODE, E11w7r1, lJ 1V 1 1 OF SECTION TOWNSHIP 4t3 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION ALL THAT PART OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EASI, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THFNCE ALONG THE EAST LINE OF SAID SECTION 12, NORTH 00"59'll" WEST 200.00 FEET; THENCE LEAVING SAID EAST LINE SOUTH 88040'16" WEST 65,00 FEET TO THE POINT OF BEGINNING; ING: THENCE SOUTH 88040'16" WEST 2511.29 FEET, THENCE NORTH 58"38'42" WEST 65,56 FEET: THENCE NORTH 02055'41" WEST 51.18 FEET: THENCE NORTH 00053'22" EAST 168.77 FEET: THENCE NORTH 00"04'47" EAST 7132.63 FEET; THENCE NORTH 00"51'30" WEST B3.55 FEET, THENCE NORTH 00050'51" WEST 1315.71 FEET TO THE EAST AND WEST 1/4 SECIIDN LINE OF SAID SECTION 12; THENCE AL-ONG SAID LINE NORTH BB051'44" EAST 1109.94 FEE-1; THENCE LEAVING SAID LINE NORTH 00"53'36" WEST 687.34 FEET: THENCE SOUTH BB'54*36" WEST 1109.44 FEET; THENCE NORTH OOD51'10" WEST 62B.31 FEET To THE NORTH LINE OF THE SOUTH 112 OF THE NORTHEAST 114 OF SAID SECTION 12; THENCE ALONG SAID LINE NORTH 88055*21" EAST 2333.94 FEET TO THE WEST LINE OF THE EAST 265 FEET OF THE SOUTHEAST 1/4 OF [HE NORTHEAST 114 OF SAID SECTION 12; THENCE ALONG SAID LINE SOUTH 00`57'34" EAST 65/.27 F-EET; THENCE CONTINUE ALONG SAID LINE SOUTH 00058'26" EAST 656.84 FEET TO THE EAST AND WEST 114 SECTION LINE OF SAID SECTION 12', THENCE ALONG SAID LTNE NORTH 88"51'44" EAST 264.89 FEET TO THE EAST 114 CORNER OF SAID SECTION 12; THENCE SOUTH 87`25'59" WEST 29,60 FEET: THENCE SOUTH 00"58'39" EAST 36.48 FEET: -THENCE SOUTH 04032'1*7" WEST 367,130 FEET - THENCE SOUTH 00059'11" EAST 2019.79 FEET To" HOF BEGINNING;5 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: BEARINGS ARE BASED ON THE EAST LINE OF SATO SEC T]"O N-1/2'i, `:QE ING NORTH 00"59'11" WEST; CONTAINING 194.86 ACRES MORE OR LESS WAIWR AND RELEASE: ONiD 2003 L.ONG BAY PARTNERS LLC, A FLORIDA LIMITED LIABILITY CONY 'AND MEDITERRA SOUTH COUMMUNITY DEVELOMENT DISTRICT EXECUTING THE DEDICATION, THE HOLDER OF RECORD TITLE TO THE LAND, HAS FOR THEMSELVES AND SUCCESSORS IN T'I'TLE OR INTERESTS EXPRESSLY WAIVED AND RELEASED THE COUNTY FROM ANY FUTURE CLAIMS� VESTED RIGHTS AND EQUITABLE ESTOPPEL PER]AINING TO THE ISSUANCE OF CERTIFICATE OF PUBLIC FACILITY ADEQUACY IN ACCORDANCE WITH COLLIER COUNTY LAND DEVF[ OPMENT CODE SECTION 3.15.7.3.1.1. DEDICATIONS CONTINUED E, DEDICATES TO COLLIER COUNTY: 1) ALL DRAINAGE EASEMENTS (D.E.) WITH No RESPONSIBILITY FOR MAINTENANCE, P) ALL ACCESS EASEMENTS (A.E.) WITH NO RESPONSIBILITY FOR MAINTENANCE. 3) ALL LAKE MAINTENANCE EASEMENTS (L.M-E.) WITH NO RESPONSIBILITY FOR MAINTENANCE. 4) ALL COLLIER COUNTY UTILITY EASEMENTS WITH NO RESPONSIBILITY OF MAINTENANCE. 5) TRACT "CA", CONSERVATION AREA (C.A.) WITH NO RESPONSIBILITY FOR MAINTENANCE. F. DEDICATES TO COLLIER COUNTY, ITS FRANCHISEES AND 7HE NORTH NAPLES FIRE DISTRICT; AN ACCESS EASEMENT (A.E.) OVER AND ACROSS TRACTS "R" AND "R-1", FOR THE SOLE PURPOSE OF PERMITTING EMERGENCY AND OTHER SERVICE VEHICLES TO GAIN ACCESS TO ALL EXISTING AND FUTURE TRACTS AND LOTS WITHIN THE MEDITERRA PHASE 'THREE EAST, UNIT ONE SUBDIVISION. G. DEDICATES A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR PUBLIC UTILITY PURPOSES, INCLUDING CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF THEIR RESPECTIVE FACILITIES, INCLUDING CABLE TELEVISION SERVICES, PROVIDED THAT SUCH USES BE SUBJECT TO, AND NOT INCONSISTENT WITH, THE USE BY THE COLLIER COUNTY WATER -SEWER DISTRICT On OTHER PUBLIC UTILITY AND SHALL. COMPLY WITH THE NATIONAL ELECTRIC SAFETYCODEAS ADOPTED BY THE PUBLIC SERVICE COMMISSION, IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. ALL FACILITIES CONSTRUCTED OR INSTALLED BY ANY OF THE GRANTEES OF [HE PUBLIC UTILITY EASEMENT DESCRIBED ABOVE, INCLUDING CABLE TELEVISION COMPANIES, SHALL BE PLACED UNDERGROUND. H. DEDICATES TO ALL PROPERTY OWNERS; AN ACCESS EASEMENT (A.E.) FOR THE PERPETUAL USE OF AND RIGHT OF ACCESS OVER AND ACROSS TRACT "R", I. DEDICATES TO RESOURCE CONSERVATION SYSTEMS, LLC; A FLOWAGE EASEMENT OVER AND ACROSS LAKE TRACTS "L-66", `L-67", "L-68`. "L-69", "L70", 11-71". '1-721t"L-741', "1.--75" AND "L-76" FOR THE PURPOSE OF ALLOWING THE FLOWAGE OF WATER THROUGH SAID LAKES WITH NO RESPONSIBILITY FOR MAINTENANCE. WITNESSES: LONG BAY PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY BY: BONITA BAY PROPERTIES, INC., ITS MANAGING MEMBER ............ By: ..... �Am'- PRtNjiNA i6 �H VICE PRESIDENT ... I ...... PRINT NAME MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT BY: PR AM t—looua, Ali ........ Ve4,*wyi .......... PRINT NAME 12, EAST 34 35 36 31 BONITA BEACH ROAD L WOnTHINGTON GREYHOUND SPANISH PLAZA WELLS — 6 3 2 HUN I EWS RIDGE EE C ml v L If` ' UUNlY C3 LID STERLING 0 OAKS 7 10 11 12 > SITE FLJTURE EAST WEST L 6STON ROAD My PELICAN SIRAND 15 is IMPERIAL GOLF CLUB, INC IMPERIAL WEST' PALM RIVER WILLOUGHBY ACRES 22 23 24 19 COLLIER RESERVE ON PLAT BOOKIAD SHEET I OF 10 LOCATION MAP GENERAL NOTES 1. ALL DIMENSIONS ARE IN FEET AND DECIMAL.,q THEREOF. 2. DIMENSIONS ON CURVES ARE NOTED AS FOLLOWS, L. = ARC LENGTH, CB = CHORD BEARING, CD = CHORD DISTANCE H = RADIUS, A = DELTA ANGLE, T = TANGENTL-ENGTH 3. ALL CURVES ARE CIRCULAR CURVES AND ARE TANGENTIAL UNLESS NOTED OTHERWISE IN DESCRIPTION OF LAND PLAT]"ED. 4. BEARINGS ARE BASED ON THE EAST LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIE H COUNTY FLORIDA BEING NORTH 00059'11" WEST. 5. INDICATES PERMANENT REFERENCE MONUMENT (P.R.M.) 4" X 4" CONCRETE MONUMENT. (SET) INDICATES FOUND PERMANENT REFERENCE MONUMENT (P.H.M.) 4" X 4" CONCRETE MONUMENT, ALL P.H.M.'S MEEI THE MINIMUM STANDARDS DEFINED IN CHAPTER 177 OF THE FLORIDA STATUTES AT THE DATE OF PLATTING. A INDICATES SET PK NAIL INDICATES FOUND IRON PIN AND CAP STAMPED LB43. INDICATES SET IRON PIN AND CAP STAMPED LB43, INDICATES PERMANENT CONTROL POINT (P.C.P.) STAMPED PCP 4493 YF AND WILL BE SET IN ACCORDANCE TO CHAPTER 177,091(8) FLORIDA STATUTES. 6� ABBREVIATIONS: . R.O.W . ............ PRIVA TE RIGHT-OF-WAY LC.U.E . .... ........... .... COLLIER COUNTY WATER-S ,FWF EASEMENT --P. U . E . ..................... PUBLIC UTILITY EASEMENT T.U.E . ..................... TECHNOLOGY UTILITY EASEMENT O.R. BOOK .................. OFFICIAL RECORD BOOK D.E. ...... ...... ** ..... DRAINAGE EASEMENT P.D.E . ..................... PRIMARY DRAINAGE EASEMENT C.A ............. _ .......... CONSERVATION AREA L,M,E . ................... t AKE MAINTENANCE EASEMENT A.E . ............ ACCESS EASEMENT L.B.E . ..................... LANDSCAPE BUFFER EASEMENT S,W.E . ........... SIDEWALK EASEMENT F.E . ....................... FLOWAGE EASEMENT S.F.W,M,D . ................. SOUTH FLORIOA WATER MANAGEMENT DISTRICT. 7, DECLARATION OF COVENANTS, COND"11IONS AND RESTRICTIONS RECORDED IN OFFICIAL RECORD BOOK 2638, PAGES 0961-1086, AS SUPPLEMENTED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. B. FLOOD ZONE X, NO MINIMUM ELEVATION, PER FLOOD INSURANCE RATE MAP 120067 0195D DATED JUNE 3, 19B5, THIS INFORMATION IS SUBJECT 10 CHANGE AND REVISIONS. PLEASE REFER TD THE APPROPRIATE AND MOST UP TO DATE MAP. 9. THE PROPOSED CENTERLINE ELEVAJIDNS RANGES FROM ALOW OF 14.B N.G.V.D. 1929 TO A HIGH OF 21.0 N-G.V.D. 1929 PER DESIGN PLANS. THE AVERAGE GROUND IS APPROXIMATELY 12.5 N.G.V.D. 1929 WHICH IS NATURAL GROUND. ALL ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) 1929 DATUM. MINIMUM FINISH FLOOR ELEVATION 15.00 N.G.V.D. 1929 PER SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT #11--01761-P. 10. ALL LOT LINES ARE NON -RADIAL (N.R.) UNLESS OTHERWISE NOTED AS RADIAL. ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF LEE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS datftJ DAY OF OCt 2003, BY DAVID H. GRAHAM, VICE PRESIDENT OF, BONITA BAY PROPERTIES, INC., MANAGING MEMBER OF LONG BAY PARTNERS LLC, A FLORIDA LIM]FEET LIABIt ITY COMPANY, ON BEHALF OF THE COMPANY HE IS PERSONAS.. LY KNOWN TO ME ........................ S NATU E OF PER TAING ACKNOWLEDGEMENT JOANREJAMES . . . . . . . . . . . . Notary Public, State of Florida NAME OF.ACKNOWLEOGER TYPED, PRINTED OR STAMPED my COMM, expires Feb 10, 2006 Comm, No. DD 076327 0 Bonded Thru Notary Public Lfhdarwriters ... 10�........... TITLE HANK SERIAL NUMBER, IF ANY MY COMMISSION EXPIRES. Alfolbf. COUNTY APPROVALS ENGINEERING REVIEW SERVICES THIS PLAT APP PVED BY THE COLLIER COUNTY ENGINEERING REVIEW SERVICES THIS 0-31-- DAY OF 2003, A.D. THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COUNTY ATTORNEY THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY TIIIS DAY OF OC-rObT: 2003, A.D. ........... * ...... PATRICK G. WHITE ASSISTANT COLLIER COUNTY ATTORNEY COUNTY LAND SURVEYOR THIS PLAT REVIEWED BY THEW COUNTY LAND SURVEYOR THIS Z3 9—p DAY OF Cc--r0Si5V_ 2003, A.D. RICHARD S. GRIGG, P.S.M. COUNTY LAND SURVEYOR COUNTY COMMISSION APPROVAL STATE OF FLORIDA, COUNTY OF COLLIER THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING'.' BY THE BOARD OF COUNTY DMMISSIONERS OF COLLIER CDUNTY, r:(,_-bRl THIS DAY OF 44.2003 A.D., PROVIDED THAT THE PLAT IS FILED IN THE OFFICE l THE C RK OF THE CIS T; COURT OF COLLIER COUNTY, FLORIDA A- ........... ........ ATTEST: TOM HFNNTNG, CHAIRM N DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM IS SI: oNEHS COLLIER COUNTY, FLORIDA SURVEYORS CERTIFICATE STATE OF FLORIDA ) SS COUNTY OF COLLIER THE UNDERSIGNED HEREBY CERTIFIES THAT HIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY BY ME DR UNDER MY SUPERVISION AS PROVIDED IN CHAPTER 61G17-G, FLORIDA ADMINISTRATIVE CODE, AND IN CHAPTER 472, FLORIDA STATUTES AND THAT THE SURVEY DATA COMPLIES WITH ALL OF THE REQUIREMENTS OF CHAPTER 177, PART 1, .' AS AMENDED OF )10.M THE FLORIDA STATUTES. PERMANENT REFERENCE MONUMENTS I: WIT I BE SET PRIOR 'TO THE RECORDING OF THIS PLAT AND THE PERMANENT CONTROL POINTS (P.C.P.) AND LOT CORNERS WILL BE SET PRIOR TO FINA ACCEPTANCE OF REQUIRED IMPROVEMENTS, j, ............ J HN Pj. MALONEY LORI,8A PROFESSION + SJRVE, OR AND MAPPER L.S, #4403 FILING RECORD I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA STATUTES FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT 4. M. D. THIS 2414h DAY QF0d_fdN6er 2003, A. D. AND DULY rECORDLD IN PLAT BOOK I PAGES INCLUSIVE. OF THE PUBLIC RECORDNOF COLLIER COUN_T�, DWIGHT B qC. c 711. _2 ay ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF LEE THE OREGOING.ISTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS D A Y OF 0C.41. 2003, BYR�PMENT Gyft%'CL`�e- , AS CHAIRPERSON OF MEDITERRA SOUTH COMMUNITY DISTRICT HE/SHE IS PERSONALLY KNOWN TO ME, S NATU E OF PE ON T KING ACKNOWLEDGEMENT JOANNE JANES ................ NotaryPublic, State of Flotida NAME OF ACKNOWLEDGES TYPED, PRINTED OR STAMPED My tomm, exp�ms Feb 10, 2006 6327 l . .... Z 01 G armil b ;.L TITLE OR)RANK SERIAL NUMBER, IF ANY MY COMMISSION EXPIRES: 9k%00(,, THIS INSTRUMIENT WAS PREPARED BY: _ P.1--1A.SE rJOHN P. MALONEY, P.S.M.#LS4493 WILSONMILLER, INC. ENGINEERS, PLANNERS AND SURVEYORS MEDITERRA. WILSON PROFESSIONAL CENTER. SUITE 200 3200 BAILEY LANE' AT' AIRPORT ROAD NAPLES. COLLIER COUNTY, FLO.AIDA 34105 (239) 549=4040 A UB- DIVISION CERITFICATE OF AUTHORIZATION # L.B-43 19 NOTICE THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFF'ICIAI.s TOWN �::8 DEPICTION DE THE SUL3I]IVIC3En LANdS [iESCRIBECI .HEREIN ANU WILL IN,, SHIP NO CIRCUMSTANCES BE SUPPLANTED.IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL. ... E MAY BE Ci CTIDNS THAT .ARE NOS RECORi7ED ON --------- THIS PLAT THAT MAY BE FOUND IN THE: PUOL::IC RECORDS OF THIS COUNTY. m i N 00 53' 35"W GL3% : 3 ! t 1 t77 t \ J k T A fl � Ir L-69II 4,, __.___. _ ,<. I i 1 A l Ls W >z co L!a �� TEA c� T w ., r ,1 ,,s: II - II ,� w � �AC� CD Lo I� y t k � ...._.. ._..—.n.._.��. -" ' S' Fri.. I _.._ .M .o- ,., :3- .. '�4i' �i 'ter. `i,�'_.44t 4Kk 1 A1`.,`_ .S`r`'."i.., x,:R�.. ! , { q � THACTJ tIT r.n 34 rn _.. .W. t m rn m..F�AC:T k 'Z. 4 � "Ell � 3 b \ i Z 4 ,. r .50 { -RAC [� �� ; ' -AAT k , 11 \ r; ii �i m.. _ __ _ . r._ xg,i ."ter o'44 6,0`4��.�. '3.., a,r'.x, -S�". S - , [[ v..x_ r:.�., TT-1 A C C k It Lp cm _ 4 ri elf. I /�J�j ... :.' k Pr Aece i unvizirl.i t- tf(3 Z3uu I f 1, HAI br- e!J t Ab I , COLLIER COUNTY, FLORIDA. . GrJ anEU- I n Mt�,Wi 1 L-HHA F-TiAbL j — 4b-1 L0, 34bJ PF: 02934 1003 21 Oct-03 17: 00 .AM 10129-453 THIS INSTRUMENT WAS PREPARED BY. JOHN P. MALONEY. P.S.M.#LS4493 WILSONMILENGINEERS �FPLANNERS AND SURVEYORSMED.ITER! WILSON PROFESSIONAL CENTER, SUITE 200 3200 BAILEY LANE. AT AIRPORT ROAD NAPLES, COLLIER COUNTY. FLORIDA 34105 (239) 649-4040 CERITF-ICATE OF AUTHORIZATION # LB-43 NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC On DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL_ THERE MAY BE ADDIONAI. RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. m wi 3 z Lu (n "MA StjlnDI'lllISf' l' OF PART1 FAST, UNIT OF SECTION 124 TOWNSIIIY 48 Sff-WI'H. RANGE 25 COLLIER COUNTY. FLORIDA ONE PEAT 800K'�V SHEET 3 OF 10 s TH&CT !i 0Or 10 ) E E MA _..T -- T N : Y ';'4 mm. IT11 %*'lwwym� mwpow *wQW40, WNMN a-MM""a OMWN ;;, 'rw 'Xw ` •✓ $'VOH �ti 140 C 105.05 ✓ 15 ' PRIMARY r CB=N 57' 30' 13'E DRAINAGE L' h 11 ,:�,>�fk�k'N°'�` � EASEMENT THACI 9 �\AL=105. 10 .4, C R=1o�.0� C?�� (LAKE D E. F. E. AND L M E ON f mv".- � \ 9�p�� 1 �� § TRACE [--F)/ I iti:4'3? �{' A��13: �r. ., g, ...`'r�.Y'"5�•. 'rdw�'"� .' „Y" �,..s Gii l I J� 11J .p � i 1 ® � ti C�1 (L__AK , D_E__, F.F_ AND L..M.L.) ' I I r' -- ✓ I �� S 01019`3801E I i o 06 132.88 tn OL ti C 10 ' P U. E. _ ✓'J i i I _ AND T.U.E. I I I i �- s... o 1a 1 R' 8"E W 4B3.64 19 O ru CL .. I p 3 to I I zLn ! I i ir: 15' PRIMARY �. I DRAINAGEao 0 i I EASEMENT I I n l I? u) l i z Im to 7r CD I I ON CD wl w I� �� I I� - roI TRACT flIrk)_ �I I� (FUTURE DEVELOPMEIF) I I w w I Iw ru •r I I Lj I I I I I I S 00059' 11 "E I I & 10.00cf� I I _------_-- T � rra 110 ' FLORIDA POWER [-..IGHT EASEMENT 0.R. BOOK 156, PAGES 615-616 h FLOHIDA POWER LIGHT EASEMENT ._y :... PARCE[_ NO. 3 0 . R . BOOK 437, PAGES 708-710 �'�•.� 13 18 lAr f . V . c - SOUTHE:AS'r CORNER SECTION 12, TOWNSHIP pie SOUTH, DANCE 25 EAST, COLLIER COUNTY, FLORIDA. - S 00059'11"E 1009.89 2019.79 N 0 _r P L A T T E D EAST LINE SECTION 12 SC ALE._ 1'" 60 ' 0 60 80 120 SCALE IN FEE.ur.... . LINE D TA BEAMING 01STANCE 2 5 01019' 381FE N 54033'59"E 74.95 37,62 Sy 88040' 16"W 65.00 0 S 00059' 11 "E 15.00 N 54033' 59"E 44,93 S 54633' 59"W 31.76 DELTA RADIUS.__.._._ 1 F=NG I H TANGENT CHORD BEARING; CHORD DIST . ,l tip 33 33" 21031'21" 1025.00 300,00 _ 1tJ . 00 112,69 5.00 57,02 N 54050 ' 45"E S 09026'02"W 10.00 112.03 3006'52" 300.00 16.31 8.16 S 21045'09"W 16.31 O 4° 26 ' 33 " ._. 300 , 00 - 23.26 11.64 S 25" 31 ' 52" W 23.26 _-...__ ....___-_ 95"40'55" ."_.e _�. ____... __........"_..._.___..- 55,00 91.85 60.74 N 06043'31"E 81.54 �N t� 47° 54' 12" _ .._.._ e 05 5S 55 55,00 65.00 ._ 45.98 ..- 97.54 24.43 60.5g_W� N 17609' 50"W 11034' 31"W 44.66 88.64 }pryy0 �'''� ray( k_�....................(��,.y.....,../'.�..j..�,...._.... -------- �:i ±'../ p7 ' +,f � i.l 319 .. 1.. 0 � � 6� 6 1 .-... .- "''�'''y � / l 4 i ('l �^j'�Cy �y'' { Y ,{ it +``� � `, 8 , 0 � 05 i� 151 r:4- Z . . ........ ... . . ... ... .... PHASE TIIRI,rUNIT ONE.- PLAT BOOK Af (00; PAG SHEET 4 OF 10 A. SUBDIVISION F PART OF SECTION 12__ GIARDINO LANF TRACT _RUMENT WAS PHF-..PARED BY- P, IRMA THIS INS] TOWNSIIIP 48 SOUTH RANGE JOHN P_ MALONEY. P-S-M-#LS4493 COLLIER WILSONMILLER. INC. S 010 1 19*38"E . 556.67 ENGINEERS. PLANNFHS AND SURVEYORS 4 0 - - - 222-50 WILSON PROFESSIONAL CENTER. SUITE 200 -1200 BAILEY LANE Al AIRPORT ROAD -Y. COUNTY, FLORIDA. NAPLFS, COLLIER COUNT FLORIDA 34105 OA OC 10' P.U.E. AND T.U.F. (239) 649--4040 R CERTA-FICAlf OF AIJIHORIZATION # LB-43 Iq N (5 [A 1L_. F_ T 0 F II rJ 73.25 Li avla/ CB=N 12* 52'57"W THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL T=10.14 DEPICTION OF ]HE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN L=20.27 0 NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC R56000 OR DIGTTAI FORM OF _IHE PLAT, WHETHER GRAPHIC OR DIGITAL, =. A=2*04'27" & Ile THERE MAY BE ADDIONAI_RESIRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. CO. - to OH U3 cc) it 4 ZI I U) a P "ton Moll P 9 46 t- 0 I 1� cr to to to M p 3 ZX co A it to A 30 t 0-41 1 too I Ito w k 31 E *--10' P_U_E. AND T-U.E. CW. TRACT B F 6' S.W_E_ (FUTUHF DEVELOPWNT) 3P s 1_l el to 177 20 33 CD-66.36 I I 0 10 CN 83042'03"W T=33.47 q S72� T L-66.55 cn R=250. 00 3 zl A- 150 15, 10 IG It cn Z W w cr w co 1 8 (p co 35 7- IlO 0 THACT 't" (LAKE, 0 F., 17 'j tgyp3 U) G AKF, 0 E F. E. AND L. M. E I o C3 It 0 , LA V I b 3 to zzz Li T 1) A P TI I1-) .00., W U F U 1`1 F D F V F I OPMENT) N 01 -A 3�iv. 40 40 C-1 0 40 M 43 - 00 CJ3 Ma L ON zit 15 PRIMARY DRAINAGE o EASEMENT L cl) it MATCH LINE 4 NMM g "gMm RM" 1l wwImp UA &MIJ"e "w'" ' ' M,�_Ai§W RMWA V ll A) 0) 00 [d L E T 3 O F 10 to --ri ipvv nATA ri ipvv nAfA 10A kA LINE DATA 0 DISI (D v-1 13EARING w-k N 01* 1g'44"il 318.09 - R, -- - a w ".0 w ww v, o v ANCE S 57607;18"i 61, S 22049'56"W 70,50 Q 04 S 22*419'56"W S 22*49#!56 lfw 25,00 45,49 S 83046' 6" 29,57 0 DELTA RADIUS LENGTH TANGENT C"D BEARING CHORD DIST. 34045'19" 600.00 363.96 I87,77 S 18042'18"E 358,40 9*28*58" 325,00 53.79 26,96 S 61051'47'*E 53.73 OC 34045'19* 570,00 345,76 176.38 S 1B042'18"E 340.48 @ 51051'20" 75.00 67,88 36.46 S 62000'36"E 65,59 OE 88005'37" 95.00 146.06 91.89 S 43053'27"E 132.10 66042'48" 50,00 58:22 32,91 S 33012'03"E 54,98 ®r- 27013'41" 200,00 95.04 48.44 S 40057'08"W 94.15 22036*35" 70 34 470,00 8M00 185,47 110.90 93.96 55.54 N 83057'08"E S 84042'05"W 184,27 110.61 24040'20" 570,00 245,45 10004159,11 15"NI 00 100 111 124,66 S 13039'48"F- 243,56 0 A 0 DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD DIET_ 00 36'07" 200.00 2.10 1.05 S 540 15'55"W 2,10 40 18'26" 200,00 15.04 7.52 S 51048'39"W 15,03 220 19'08" 200,00 77.91 39,45 S 380 29'52*W 77,42 So 33'33" 1035.00 154.61 77,45 S 580 50'45"W 154.47 51051'04" 40.00 36.20 19,45 S 57050'54-W 34.98 29006,090 98.00 49.78 25,44 S 46028*26NW 49.24 74056'42* 15.00 19.62 11.50 S 23*33'10'*W 16.25 200 46'15* 25.00 9-06 4.58 N 500 38'24*E 9.01 29°06'09" 88,00 44,70 22.84 N 46"8'26i"E 44,22 @ 51*51'04" 50.00 45,25 24.31 N 570 50'54*E 43.72 9033'3�� 1.0219,00 1153,12 76,70 _W . 7 N 9S"9,0449, THIS INSTRUMENT WAS PREPARED BY: JOHN P_ MALONEY, P.S.M.#LS4493 WIL50NMILLEwR. INC.- YO PLA-r l..aJ � \ � f� jl-.J ENGINEERS, PLANNERS AND SURVEYORS HRDI S �AST UN'I'T 0 N WILSON PROFESSIONAL CENTIwR, SUI E 200 �"� � H F E I 5- Or 10 AT3200 BAILEY LANE AAIRPORT ROAD VISION NAPLES, COLLIER COUNTY,FLORIDA 34105 JON A''I (239) _649, -4040 A SUBDI�OF PART 0 F �1 J 1 / 120 Lot. T. i r IUA TE OF AU 1 Hi1RI7A 11UN # L18-43 NOTICE: THIS S PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFF :LCI:AI_. DEPICTION OF THE: SUBDIVIDED LANDS DESCRIBED HEREIN AND WILI... IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC: OR DI:G:I TAE. FORM OF THE PLAT, WHETHER GRAPHIC OR DIG _I AL THERE MAY BE. A'DDIONAT-_ RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY HE: FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. Q N 00053'22"E 168.77 TOWNSHIP 48 SOUTH, RANGE 2.5 COLLIER COUNTY, FLORIDA. 1.5' P.U.E - N 00004'47"E 782 63 EAST, L,._ T V T NGS T DN HOAD 15' P.U.E. N 00050'51"W 1315.71 gift 167.58 � I 600.05 I _ _ .___»_- ____- - - - - - - - _ II 1 -I`` AND T U. E EASEMENT 10.00 ,-- wyAND T. U _ E* 10• p_U_E E 1.5' DRAIANGE N 00 0447,E 10P_U_E_ 10,00 IFFIAC 0 �22 1 1---.__� _; - ,� __�(LAI�DDCAPE DEN--EMENT) N 48 27 04 W SIDEWALK EASEMENT 1 N 42 06 37 W f FAY. I 10.00 63.75 11. I 117.46 S 010 19' 38""E , _ 10.00 " 1 " - -- SIDEWALK -EASEMENT I N 010 19 ' 38 " Ni N 0 10 19 ' 12 " E 185.28 ,..,� 178,29 N 00 2 4 ' 32 " W , r SCALE: 1 = 60 ' 1 0 60 8Q 120 I SCALE IN 1-i:=-F 1- 1 185,60 s n 196.21 a co/ \ 280,75 � ,`l-1ll 1 5 `""'� l co F... 0 cc 125 N 0 A' () m ��/10 N 01 OP 19 3E3 W 201.39 - - - r r -7 N 010 19' 38"W 208.52 �� r' S 01019'3E3"'E 189,53 x 1 1! ! I A .a A ' 061 y I 6 ACC { B ,. 7.5 ' D _ E . e - -- _ ..__ ._. m 10' P.U.E._ "`"`,� a€ 1 1 _ _ �. �_. - - _ - - - AND T.U.E.' 7-. 2-1--- -- C THACT 11 11 1 rn I 7.5 D.F. S 01 19 38"" 177.33 f N 01° 19"38"'W 193,4T3 1 '1 ---- If x 1fl` P. (I...-AKF, D.E., F.E. AND L_.M_E_} ,„ .. A C � �; :4 f © t, t AND T_U_E. +- - - w--- rn �, _. �- WAKF, D. E F.E. to A A and r i AND Iw__.M.E.) "�' � "" � I �,n �„�„� � ,� I - - P.D.r _ I _ [ 7 P,D.IE.-- _ „# cc, -. r / ' T N 01" 19' 38'" W 187.28 N -D V fs 3S- W c� -7-5' P.D.E. to 1trn C1 // ��r r co m i r 14 P cj r(0 i i - - to 4 a u 1 1 - ..- _ N 010 19' 38""W 1E37.28� ak c - t c rn I S 01" 19' 3801E I -__.,..- N 01019' 3E3"W fi7 . _ 1 _. ... 190. 14 s 194 . G� I � N 5 v tCt _ - _ ' 1' 1 i ►1 C f'l A 7 A to � m a �. M to � �w m ru ul Lp Lp > m 9 z I 10' P.U_E_ �, TEA .T N c - AND T,U.L_� v LJ �I,� & L -B-F -) c m ,� C7C► 4 1 I .2E3 01 1 / Y✓ WV 187 c� � 0 d { ? f n` 1lrl 1 ' I<T . E 88 , � - . `g :.. . I h�1Y J^.n .. ..I:�r, .. d.,. .. . �. ..:.. .. .. .. .: - ,.. ..r v. 1L: T. I . v, fiiA� _.__ 15' S.W_I .._. AND T.U.E. s _.... _ _ - - s89.4 F 1-5EF, 97 - - _ rn _ _ vv N 01 19 ' 38 "" W 492.37 - - = ` �� (A'. .w , A.E P.U.E , D.F. & C.U.E.-) 1" ' 8" 6 7 - _ _ :. ,. .. . J' D.E. AC _ S 10' w_U_E, w s .. II it . 1_ _.� _ - - - - - AND T. . U. . E . �' 01 GIARDINO �_AN _ A T 5 - �� A - 7.5' D.I. -TFAACI �- L7--D-A-]F- �(L . B . E .) *i k�" - CD 1VA y ' r �- I f. m Q Poo 1-J-1AC CD LO 0 C.0 ILA Ci3 ro w \ 1m Wf � W 1 r,, 4 1 i --10' P.U.E. AND T.U.E. X, 15S.W.E. ' l F- F 5 H L T /-1 OF to i 4 !r I TKIF DATA I .. Kip` n A T A t r � r r TRACT "o° 01 Q N BEARING_ -5E30 38' 42"W DISTANCE 55.56n - 0 N 020 551 41N W-- 51.18 N 00"51'30"W - 83.55 S 540 28' 01 "W 81 .Oa N 010 19' 38"W 30.00 S 57007'18"E 81.00 S 22" 49' 56"W _ 70.50 S 850 57 ' 42"W 2_3.36 _._23.35 N 85" 57 ' 42"E -_S 88° 40 ' 22"W 48.74 N 42"06'37"W 20.00 0? S 470 04 ' 42"W 20.00 �� N 48"2`7'04"W 20.00 .. 4 S 880 40 ' 22" W - 53, 83 _ i 80" 40' 2 "G. 33 . 7 .:' WL1t#Fui 0 BEARING DISTANCE S 22"49'56"WW- 25.00 S 220 49/ 56 " W 45,49 S 01019'44"E 73,25 N 01019'12"E 15.00 20 1 N 000 04 ' 47 " E . N 890 54' 53 �li..__n f 15.00 ....w 81 , 93___ N 89054 ' 53 " W 82.25 @ S 010 19' 38"E 89.58 S 010 19' 38"E 87.88 N 89006' 18"W 83,67 26 S 890 06' 18"E 78,84 N 00005'07"E 38,16 N 89054'53"W 55,10 S 890 54 ' 53"E: 76,44 0 DELTA LENGTH TANGENT CIORD BEARING CHORD DIST. 34012'21" _RADIUS 325.00 194.03 100.00 S 71034'11"W 191,16 ------- 21005'53" 1100,00 405.05 _........ 204,85 . .... N 83029'21"W - - - 402,77 ® 9026'58" 325,00 53.79 26.96 S 61.051'47"E 53,73 0014 ' 35 " 215,00 75,96 _ 38.38 S 780 33 ' 04 " W 75,57 232 12'01" 55.00 222.90 N 24046'22"E 98,78 (D 52 12'01" 100,00 91,11 48.99 S 65013'3801E 87.99 24046'12" 300.00 129.70 65.88 -N 76017'16"E 128,69 42 ' 48 " 50.00 58.22 32.91 N 300 32 ' 46 01 E 54,98 .660 18"35'01" 95.00 30.81 15.54 N 06028'52"E - 30.68 510 51 ' 19" 75 , 00 67.88 36.4E N 100 09' 17"W 65.59 23� 14 ' 46'1 E3 ft , 00 255.60 129.58 N 240 27 ' 33"W 253,85 64050'40" 25.00 28.29 15,88 N 45015'30"W 26 81 35032*38" 88.00 54.59 28.21 N 59054'31"W 53.72 51054'06v 50.00 45,29 24.33 N 68005'15"W 43,76 16034'24" 1125,00 325,42 163.85 N 85045'06"W 324.28 34002'52" 100.00 59.42 30.62 S 85030'40"W 58.55 - 252021'44" 55,00 242.25 N 14040'06"E - 88.79 38"51'-43"_ -_100�0 - - - 67.83..__ 35.28 5 58034'53"E 66.53 16001'33" 1075.00 300,68 151.33 S 86*01'32"Ez 299,70 51956'44" 50.00 45,33 24,36 N 59059'20"E 43.79 33028'05" 88.00 51,40 26.46 N 50045'00"rE. 50.68 680 48' 41 " 25,00 30.02 17.12 N 330 04' 42"E 28.25 23"21'01" 247.00 100.66 51.04 S 74028'25"W 99.97 _ 320 33 ' 36 " 235.00 - 133 , 55__.__. _ 68.63 N 750 02 ' 51 " W ._................ - 131,76 15034'49" _ 665.00 ... W 180.83 90.98 S 17034'54"E 180.27 27" 11 ' 22 " 26#57*49" 250.00 300,00 11.8.64- _._._ 141.18 60.46 71,92 S 7" 50 04 ' 41 " W N 77050'44"W 1171.53 139,88 26"57'49" 200,00 94,12 47,95 N 771150'444W 93.25 AG 190 14' 32" 232.00 77,91 39.33 -- -N 86" 29' 16"E 77.55 Ab . 30" 56' 17" 300 , 00 161.99 83,02 S 750 51 ' 30 "E= 160,03 A 1� �' M 990 19 ' 27 " 55,00 w 1 Q0 , 00 NP _ 95,34 5,64 -_ 64.77 . W S 880 47 ' 21 " E S 400 44' 32"E� 83.85 5,64 DELTA IIADIUS LENGTH TANGENT CORD BEARING CHORD ❑IST . 48058'11" 100 00 85.47 45,54 S 665050'33"E 82.89 9044'56" 630,00 107,19 53,73 N 31012'28"W 107,07 13 29/ 501 630.00 148.41 74.55 N 190 351 0511 W 148.07 " 147 I 8B 4 p 3 .4 1 B2 N 7001 56 W 23,42 20014'51" 88 00 31,16 15.71 N 52015'38"W 30,94 1018'13* 5023'49" 1125.00 1125,00 25.60 105.97 12.80 53.02 S 86036'49"W S 89057'49"W _25.60 105,93 5025'57" 1125.00 106.67 53.37__ N 84037'18"W 106,63 40 26 ' 25 "' 1125.00 87.18 43,61 N 790 41 ' 07"W 87.16 11053'57" 100.00 2a,77 10,42 N 83024'52"W 20,73 22008'55" 68035'28" 90048'41" 100.00 55.00 55,00 3B.66 65,84 87.17 19.57 37.51 55.78 S 79033'42"W N 77013'02"W N 02029'02"E 38.42 61 98 78,33 92057'35" Ito 14'17" 55 00 100'00 89.23 19.61 57.92 9,84 ......... ....... S 85037'50"E S 44046'10"E 79,76 19.58 27037'26" 100.00 48.21 24.58 S 64012'02"E 47,75 3027 a1" 1075 00 64,74 32.38 S 79"44 15 E 64.73 5041'21" 1075,00 106.74 53.41 S 84018'26"E 106.70 _._._ 50 38 ' 54" 1075.00 105.98 53,03 S 690 58 ' 34"E 105.93 10 14 ' 17 " 1075.00 23.23 11.61 N 860 34 ' 51'" E 23.23 190 21 ' 49 " 88,00 2.9.74 15.01 N 430 41 ' 52"E 29,60 - 140 06' 16" 86.00 21.66 10.89 N 60" 25r'55"E 21.61 8010'49" 247.00 35.26 17,66 9 82003'32"W 35.23 15"10'12" 247.00 65.40 32,89 S 70023'01"W 65.21. 9001'47" 300.00 47,28 23.69 S 67018'48"W 47,23 -- 20"28'10" 300.00 107.18 54.17 S 82003'47"W 106,61 20058'18" 300,00 109.81 55.52 N 77012'59"W 109.20 7057'47" 300.00 41,69 20.88 N 62"44'57"W --- - __ 41,66 ----- ----- __---.-. 180 28,581, 235.00 75.81 38,24 N 68000'32"W ----....-------- 75.48 14004'38w 235,00 57.74 29.02 N 84017'20"W .-...- - .-....- 57,59 100 10' 56" --- - ..._...-._-_.__-.-._u 9003'36" 232.00 �_. --.-.- .._......-- 232,00 41.23 -------� __ 36,69 20.67 18,38 .._..... S 880 58' 56"E N 81023'48"E ----- 41,18 __ ..._-.. 36,65 10019' 38" 250,00 _ 45,06 22,59 S 66" 38' 49"W 45,00 _... __ ....... _.. 16051'44" 14046'58" - .... . - - .. 250,00 300.00 -- ..- ---- 73.58 77.40 37.06 38.92 S 80014'30"W N 83056'00"W 73,31 77.19 12010,511, 300.00 63.78 32,01 N 70027'14"W 63,66 13001'41'" 200.00 45.48 22,64 N 70052'39"W 45,38 ...-..._....-w................._..............._,.,_,_,,._,,....,. 13056'08" 2053'34" _.... . _.__ .. 200.00 600.00 48.64 - 30.29 24,44 15,15 - N 84021'34"W S 02046'25"E 48.52 -- 30,29 ......__-...._----. 310 51 ' 45" 600.00 _ 333.66 171, 27 5 200 09' 04"E - , 38 16016'52" 275.00 _ 78.14 39,34 N 79013'30"W --32+9 77 88 11029'02" 275,00 55.12 27,65 S 86053'33"W 55.03 12"43'15" 275,00 61,06 _ 30,65 S 74047'24"W 60,93 128014'46" 55,00 123.11 113.38 N 27012'15"W 98,97 4037'48" 55'00 4.44 2.22 N 39014'02"E 4,44 ...... ...... --- _ -__. ........ ...._._._. 48000#25*1 6 ,00 48,79 25�61 N 102.a5'06"W 47,65 SURVEYOR AFFIDAVIT MEDITERRA PHASE THREE FAST SCRIVENER'S.ERROR UNIT ONE E � ,,, � RECORDED_ /�3%zoos OR 3489 Pc 421-423 �;U11DIVISION -JL- 14 OF PART OF SCTION A— '1 1 54 f j TOWNSHIP 2 5 W. EASAkllI COLLIER COUNTY, FLORIA40 B �.z . : j {�zz SPAL.E. -1 y / F-1--- I OF V _� THAC�' I ! 1 d' w FF __ 6b. 80 1�'0 y- � `fir SCALE 00 Qui nA.. @j c `..-,f L / a F: _ 1-..:.. �, R.w "s I C7, AND T. U. 1a • P. U. � �� E. r+.40- A i li ACT - 7- `�t ,• 4 5 ° 9 " �'" 5 5 14 N 01 19 38 %1� 1AE 165,00 165,00 T� (L:. .E P.U.E. 08 � 4 �� 3Yfz I y 4 A> ti. . . . . . . . . . . T.U.E.�� '"I A -�' to AND � A i 11 ° S01°19'3B"E I N01 1938w rul; 19 Cam CD 01JFlAC--F r) in 7.5' D-E. 187,21 rTl 11-1 A C N D i ° 1 9 88 W _ 1 y i � y 0 5 LTA E. `/AND T.U.E. �rpa _ 0 r .1.0 4 o 4 N N 01° 19'38" 160.25 S 01019' 38"E �tv 0ti;n�� - - µ _ .. _. _. c,a 10 146 160.25 t c IfU+`F cu "` ( 1 49 { . 4 I 215.00 2� 5,00 41, S 01" 19' 38 "' E - s 01 19� l0 192.00 - 46 00 I ! ;xs THAC - -` II 1 - I A GIt lt✓D��:�3 r T CBS 14" 15'49`"W I! AE 40 T 5>84 _ .W 1 ! ? i C1.....AKF, D . E . , �-- . :.. _ AND L M . E L=11.64 AQ 1 I tllAC-'l TRACT l l w q � Gip � '�ii I I CA P.D.E. AND L_ .3 -E .)n103 ;� i .. � �� O _ •.k ;�� THIS INSTRUMENT WAS PREPARED BY: j S 010 19' 38 E 483 ; 64 G r I JOHN P . MALONEY, P . S . M , #L:S44g3 I WILSONMTL ...ER, INC 1 I ENGINEERS. PLANNERS AND . SURVEYORS I I I i WILSON PROFESSIONAL. CENTER, SUITE 200 I I �3200 BAILEY LANE AT AIRPORT ROAD j _CD NAPLES. COLLIER COUNTY, FLORIDA 3410r �I j n, .4 ! t ru ru ua iCERTIFICATE; DE AUTHORIZATION # .::B-- 43 i 1 l 1 CD - m nI Imo- I I r; Cat n Iq CD ",c NOTICE. 1 I"u ` THIS PLAT, I t I DEPICTION OF THESUBDIVIDEDITS GRAPHIC HEREIN AND WILL IN A LJ (D I I NO . CIRCUMSTANCE BE SUPPLANTED IN AUTHDRITYI COY ANY OTHER GRAPHIC x„ C ..OR DIGITAL., FORM O - THE PLAT, WHETHFR GRAPBi OR DIGITIALJ H A I I 1 10' P.U.E:" Tt-IFRE. MAY BE ADDTONAL RESTRTCTTONS THAT ARE NOT RECORTI ED ON --AND T . U . E . F.-.�..,� THIS PLAT THAT MAY BE FOUND IN THE PUBLIC CAR (FUTURE DFVFI..-.OPMFNT) CORDS . OF HIS COUNTY ' I I t C. O N S F R V A T _� O N AREA tea, O j DELTA HADI US LENGTH TANGENT CHORD BEARING CHORD DIST LTD _ ' 0)89049' 04 " 360 : O0 564 > 34 358,86 S 46014' 10 "E C2 I I 87057' 34" . 3f0 00 w 552,67 347 ; 40 S 45018' 2a"E 499.97 w 48001 ' 25 "395 , 00 331,08 175 96 S 22041 04"W 321,47 -W � -:. _ _ ..: _ .. _ . �; ! ! m 79° 17' S7" 385,00 532.85 319:46 S 40° 58' 37"E 491.33 m I I S 00° 59 ' 11 "E T f �'1,:._: _...__ ; 90a.0,00_ _. _ 2500 d _ _ W97.:_ 25 00 S 46° 49 " 38"E 35,36 �IL_ . B. E. _) 36° 14' 58"' 100 , 00 63 : 27 32 r 73 N �70A 32' S3"6 22 u� 110.0{� 10 P.O.E.P U E�%..._ _.. M...__- lK 3 ; -. ....... _... ...M ......_ .__ .,..a., _.... .--.. ..__ _._ I _.,E __.. _..� ......_ -- __. ___ _ _.. ...__ __ ._._. --.. ._.. 130,36 y=° 5$5 , 17 � : 252° 29' 55 "' .�.Av,..55 00 .._.- - 242 38 S 01° 19' 38 "`E 88,71 3 W S 00,58 26E :36 14 57 .100 00 63 , 27 32 > 7'3 N 73° 12 10 w 62 22 w} 6~ r 90° ao' 001, - _28.33 _- . M.. _- _. .._.. - . n e:._ _w.. - p0 39 27 25,00 S 43 40 ' 22 W 35.36 cnr, � 48001 ' 25 "' 420 . 0 352,03 03 167; 10 S 22041 ' 041" W - 341 82 :.. F L D _ _ S 00058 26/ , E 656.64 _ 1 TC1q PQ ER 0 52007 30" 180;00 163,76 88.04 S 27023'23-E 158,17 HT Eq. ___r...-_ __.. WM SEMENT WEST LINE OF' THE LMAST 26'5 OF THL _.11.0' FLORIDA POWER � LIGHT FASEMENT 0,R BOOK RCEL NO, j �- � _ 5$°15'04" 75:00 76 25 41.79 S oa�p19'38"E 73.01 op, s - Q iC 4 7 SE 114 OF THE NE 1/4 OF SECTION 12 _ �_.._.__.-_-._......._.._._ _ .._:._._ �._....__ : l 0 . R . BOOK 156, PACE 61 � - PAGES 708-LL71D � � 58°261030' 545 00 555.83 304 80 S 57032'33"E 532>05 22° 04' 54 "' 410 00 158 . t� 1 80 00 N 42° 41 " 18"hi 157.04 _ .. u..� A _— 31'28" 385,00 57 28 2S 69 S 50°02'02'"E 57>23 "t- E i... A z::. _ , .._.. 31 — . ._._. ,- 385 "_0� 57 28 , 28.69 5 41030' 34"C 57,23 L:�: I N E' � A � A C� �° 55.1� 385.00 59,95 30,04 s 3264 ' 1� N .:. - 59.89 - _W BEARING CiISTANCE. 15 37 02 385.00 104.94 52.80 S 20031 01"E 104>62 _..__ I 0 S 13702529.60 59 w 29.60 11° 22' S2'" 385 : 00 76,48 38.36 S 07° 01 ' 04 "E _W.... 76,35 �rx M m S_.001158139" ::.m: _w_ :.36 48 _u:: - - 13° 33' 47 . 100 00 23 > 67 .11 89 N 81° 53' 28'" E 23 > i2 FL.ORIDA POWER LIGHT EASEMENT I �L0,9 � � � I 22041 ' 11 100 00 39 > 60 20 06 N 63045' S9"E 39.34 k p NLL 88° 40' 2, E L`37 57 u .... _ .w _ __.�.:_._ v __ w :- ..:v... _:.: _ �..:. _ M .__.__ PARCEL NO. 0 D 0 . R . BOOK 4 37, PAGES 70B-�710 � a � oWE r � �a�4o :�� !.:._ 42�72 v 30°49'27" 55 00 29:59 15:16 N 8�°50'(171"E 29>23 I�o p _.. u__ �.._ w. C - _ �.:.:_. m_w. �_ . .. _:__ .w__.__u........ �...__._ - .._..M_ `.... h ; Rc L � ..__ N m88° 40 ' 22'" Ems. :..246 40 ..:. _ 950 25' 31 55,00 91,60 60,47 S 49° 02' 2 �� -_, .... z s 010 19 38 "'E 201 45 x 95° 25' 30" 55 : 00 91: 60 60 > 47 S "46 23' 07".W_ - 81 > 38 q GE EME m _ ..._n _.._ _._...._ - _ - �� a so . 19'38"E 64.03 30° 49' 27" 55.00 29 59 15.16 29'24"W _ _�.....__ a :.:.:vn _w...W :.;,..:. _..., _ N 70° 29>23 -- ---- i 10 ` � a N 88040' 22„ 104 7 p ��n_..._._..-.�...-.�; ,, S 0a 59 11 E 1009 > 8 .104.75 22 41 .10 100.€�0 39.59 20:06 N. 25 16 W 39.34 2019.79 S Oq 32 17 "W 387 _4 S 86° 40 22"w 104,75 AA 13° 33' 47" 100 : 00 23.67 11 89 N - 84° 32' 45"w 23.62 .. 8 S 01019' 38"E 37 42 A8 140 08' 12" 420,00 103.63 52 > 08 S 05044' 28 ".W 103,36 N 0 1 __ A T T N 581120,2511W.. 24 80 AC 14029' 43 "" . 420 , 00 .106.26 53 : 41 S 20° 03' 25"" W 105,97 E0 (D (5, .._ _ S.88 40 22 W 104r59 A© ° 8 31 28 545>A0 81.08 40.52 � S 5 0 0 2 0 2 E 81;01 13 N 55 41 08 E 24.80 AE 8° 31 ' 28" 545 ; 00 81; 08 40 : 62 S ° ,, EAST E SECTION 12---.�: BAST 1.14 CORN µ,._ .. �..__u--- ._._... ........ �. � S. 30 34 E 81.01 1/ N 88° 40. 22 E 5.00 A 8° 55'.18" 54500 84..86 42 — _-p ��:W TOWNSHIP 48 SOUTH, T�i RANGE EAST,-- -- ._.:: - : __ :.e v S.. 32 47 11 E . 84.78 .. _ 15 S -88° 40' 22"w 5 L'10 - AG * - i n COL LTR COUNTY, FLORIDA. 228 34 65:00 25>31 182 S :10°53'43"E 25: 15 _._:.: _..._.-_ .... :.__.. _ :. ...m _.: _.: - - 16 N 89 01 34 E .. 22.: A 11 >00 A 8 52 _ _ _ 21 65.00 10 � 07 5>04.._ S O4.41.45 w 10.06 [p] SHEEP 4 453 [0, 3461 PF: 02934 1007 21-Oct-03 11: 03 AM / 0129-453 M DI RR.A PHAS A SUBDIVISION OF PART OF TOWNSIlIP 48 AS UNIT SECTION SOUTH, RANGE 2`5 EAST, COLLIER COIJNT"Y -7� THIS INSTRUMENT WAS PREPARED BY: P L B 0 K JOHN P_ MALONEY. P_S.M_#LS4493 ENGINEERS. P INC, SHEET -7 O F 1 ONE ENGINEERS, PLANNERS AND SURVEYORS WILSON PROFESSIONAL CENTER, SUITE Pop 3200 BAILEY LANE AT AIRPORT ROAD NAPLES, COLLIER COUNTY, FLORIDA 34105 (239) 649-4040 CERITFICATE OF AUTHORIZATION # LB-43 NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL. �_ THERE MAY BE ADDIONAL RESTRICTIONS THAT ARE NOT RECORDED ON FT �� i �``� - - - THIS PLAT T AT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. �ti ------- -fCH LINF MA G I AHD T N F ANC �-+ ° :_ ] y - R , __ r rr Yft- 9 38 y E . �7 H E. t UF. . y . - .. TRACT N 01°19'3B"W 248.5E .67 \ w / 127-56- 140N 0119'38"W 185.0NA �n ♦ ' 10 ' P.U.E. @ AND T.u.E. RAC_.TRACT a. na S 01°19361.92 (L.B.E.) \ � \ ♦ to % to! � (L.B.E.) 01 rm n z > z Z a tmm CD cn 1 - 7.5' D . E. - `lo N 01019' 38"W 181.24 . , r� ♦ \ M -j -. A 9\ / o \ w Iry r 0 � 10' L.M.E.,.,.,,, I �- z 9.rm �-- S 00041'10"E 176,7� @ P 4 ON u l , _...� .._. 158.08 �� /OAI _ S_ 00 0 ..14..' 18"E - 174.37 @) �Yr X . �arr _ , > "2:3 \ (w) TRACT ---- Z � _. "N 1 N 01 ° 19 38 W _. �.-... R A �._.: I 1 p ' I_.. M _ F . N , 4 ` 1 I 11 301 ' 178.88 i i 1 �. .� " S S 0028 12 d WEJ tJ 4J 1 $,. tux to in W.AKF. C .F. F.E. car rN � (.. A<(.., C� _ F _ , t S 01008,7 1 42 E a� "- " (�. -...� AND L_.M1.F. �� 168 00 - 3 1 f N 00° 44 29 W m AND I M. L ) � � �_,, � ,� i .r.� - - TRAC� _.. 180.52 _-...... n in cn Q1; �""")� I (PARK 5I TF)Go 6i OCi° 22 ' 32 `" E 166.36 ;,E ! -* 8 w.�« - j z.".... c I 160.00� 687.34 A{ - �" ' N 04035' 16"W ,� � � N OC1° 53 " 36 W 4 7 5 O .>r - , 41,, - T 177 ,1- ._ .� a v ,' X 0 3: 8- C)AA-05_ __ --- ♦ `. I r - - _ y ♦ ,' a � _ Cl F I y / inn ..- -.S 010 08' 42"E _. ' I 160,00 JO AC 1 ! ' . w I 8 -W 6 2 `JSo - _ _ _. _ _ , - B0.00- ". . ICJ A A N 10' W.U.E. 02; , �{3 I i w.. AND T. . 11. E . b M tut] i Yam" w�'-" W M" �,.-� V',r r- '� A,06 !n rn 'o u7 v cn IUD -4 Cn Cp} 1 cn rr LL � �� % 15 ' PRIMARY C o" r� 10 ' P _ U . E _ DRAINAGE EASEMENT ° AND T.U.E. 14 /`".� I .1,6 94,01 .r" r v " - - ��' �, f N 01 ° 19 38 W ac c - - - \ \ 0C2 b r'�` f & c 1 60,20 33.81 - � / / F S H T all to ro �,"- �� , � � ,yeti � � •�` �� • �, �' �• � .J ;� � N; ,� ,...,� � �, � w ,� 1 � ,, � LJ71 BEARING DISTANCE 0 N 88051 ' 18"C- 215, 11 S BB° 40' 2�2"W 35,95 S 88040 ' 22 " W 69.44 N 44° d4r 42"r E 40,43 N 54030 ' 59 "h 37.15 __.._ S 1.0036'27"E S 88038' 10"W 30,41 25.^00 ~ N 02033' 57" W 26,34 S 05021'48"E N 29045' 12"W 26.64 34,11 11 1 ++ B31 13r58N t N 46046r 39" rV 346. 40.19 1 - S 01019' 38"E 46.25 _...._ 14 5 88040 ' 22" W -- 39,61 i.a S 01019'380E 15,26 16 S 88040'22"W -6-44 _ 83°03'56-W 30.31 @8 _N N 85°25 43"W 12.75 I S BB" 40 ' 22'" w _._ 9.61 R S 88040' 22"W 30,00 N 88 4b 22 E 15.00 15:00 _S884022W' 23 N 01° 19' 38"W 40.00 CD cc p fib• �` y - 0 \ -67.42- . 4� . iT0 �i{ 27 38 - ✓ . ._ 4 ;. .+"� �,• � .,.:, � S Lit° 190380E 201.43 � -. . 45 _J �..' 2 1 CtJ 3 ti *ti S 0 � V 9 s a ` 1 fit✓ `` 4 LJ AND T_U.E. 41, Of ^zz [ 7LI_ Nk _ Tu7 AI...,F._ 1 W ' 0 60 80 120 SCALEIN FEET NF DATA A DELTA 901Q 56 RADIUS W325.00 LENGTH 511.54 TANGENT 326.04 _ _ CHORD BEARING N 43 45 50Ei E CHORD DINT. 6 4 Q.35_ 890 4904" 48001 25" 360,00 395.00 564.34 331.08 358.86____._ 175.96 _ S 46014' 10"E S 22°41'04"W 508.31 321.47 � 58° 37r 3711 525.0d - 537.20 - 294.78 S 760bdr 3541 W 514.07 16°39'02" 525.00 152.57 76,83 N 83000'07"W 152.03 1° 51' 30" 360.00 11. 68 5,84 N 89047' 03"E 11.68 c B7°57'34" 360,00 552,67 347.40 S 45018'25"E 499.97 07' 42" 295. 00 443,45 275.71 N 450 47' 27"E 4�02.86 z _E160 - 89049'04" m.._ 4B° 01 ' 25 " 330,00 370.00 517,31 31b . 12 328.95 ._._ ............. 164.63 S 46014'10"E S 22041 ' 04"W 465.95 301,12 5 500.00 519.% 286.09 S. i 25 24 W 496.62 17034'39" 550,00 168,73 85,03 N 82°32'19"W 168,07 SEE S�F-f- rijpvF neTe DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD DISi. _- 49a 22 14 . 110.40 94.78 50.56 N 23021 29 E 91.88 ( 98034 * 43"� 105.00 -- 180.65 _ W 122.03 N 01_014 ' 46 4 W 159.18 53° 15' 43" _ 110.00 102.26 55,16 �N 23054' 16"W 98.61- 48001'25" 420,00 352,03 187.10 5 22041'04"W 341,82 57038'48" 550.00 553,37 302,66 S 75"31'11"W 530.32 15040'13" 500.00 136r75 68.80 N 83029'320W 136,32 - ° " 90 00 00 30.0b 47.12 30.00 _ S �...__... .....___.-._.�.._ 3040'22"W ..- ------- 42.43 58012' 56 " 65.00 66.04 36.19 S 61053' 57"E 63,24 ry J 116052'20" ..�..LL.� 65.00 132.59 105.81 N 88046'21"E 110,77 600020.1711 90,00 94,31 52.00 N 60021' 19"E 90,05 31009' 47" 60.00 32.63 16.73 N 74047' 34"E 32,23 O 88018#31.51165.00 100.18 63,11 S 76 38 01 E 90,56 31, � 9{,,-, 1 .e„r:mRtntA�,inr,edlialn�„werteWRr;';.iay. t9l rdee::t� 6nw, t4tr,�fb�5,^6h.i§dn�nl�rs:,{Fldfi;{.}3�d-:; r"I iTlma7.l ff.1 PAGE O DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD DIST. 87° 10 * 34" 40.00 60 86 38,08 S 44054' 55"E 55.16 A 87°10133" 40.00 60.86 36,08 S 42015'38"W 55.16 AC 56001128" 60,00 58.67 31,92 S 57°50' 11'ow 56,36 AQ - 88018' 35" 65.00 100.18 63.11 S 73058' 44"W 90.56 A 31009'47" 60,00 32.53 15,73 N 77026'51"W 32.23 60°02'17" 90.00 94.31 52,00 N 63000'36"W 90.05 1160 52 ' 20 " - 65.00 132,59 105.81 S 88° 34 ' 22" W 110.77 58°32'55" 65.00 66,42 36,44 S 591124'40"W _._. 63,57 A 63039'04" 135.00 149.97 83.79 S 57°01'46"W 142.36 13"27'44" 500.00 117.48 59,01 N 78°41'51"W _ 117.21 19021'39" 300.00 101,37 51,17 N 81038'49"W 100'89 At.. 7° 41 ' Q8" 420 . QO 56.34 28 rv21 S 31° O8' 51 "W 56.30 7050'38" W _ 420.00 57.50 28,79 S 38054'44"W 57.45 3051'44" 420.00 28,31 14.16 Y S 44045'55"W 28.31 _ A 3003' 19"-- -- 550 .00 29.33 _ -- 14,67 S 480 13' 27"W 29.33 A 6003' 50" 550.00 58,21 29,13 S 52047' 01 "W 58.18 .._ 6004'02" _ 550.00 - 58.24 - -- 29,15 S 58050'57"W _ 58.21 6004'09" 550.00 58.26 29.16 S 64055'02"W 58.23 AS 6°04'08" 550.00 58,26 29.16 S 70059'11"W 58.23 6004'02" 550,00 58,24 29,15 S 77003'16"W 58,21 6020'43" 550,00 60,91 30,49 S 83015'39"W 60.BB A 6025'49" 550,00 61.73 30.90 S 89038'55"W 61,69 6033'24" 550.00 62,94 31.50 N 83°51'29"W 62.91 A 4055'22" 550.00 47,26 23.64 N 78007'06"W ____---_ 47,24 - 1047'41" 500.00 15,66 7,83 . ° N 7633'16"W ----____ 15.66 Ax 7009'24" 500,00 62,45 ... --- - __ 31.27 __. ....... _ N 81001'48"W .. 62,41 6043' 08 " 500.00 58.63 29,35 N 87058' 04^" W.._ 58.60 25028'39" 295,00 131.18 66.69 N 15°27'55"E 130,10^M 25015 ' 56 " 295.00 130,09 5,12 .....___... _ 65,12 N 40050 ' 13 0 E m 129,03 24049'51" 10°33'16" 295,00 295,00 127.85 54.34 64,94 27.25 N 65053'070E N 83°34'40"E 126.85 54,27 19028'05" 330,00 112,13 56.61 S 81024'40"E 111.59 20056'22" 330,00 120,60 60.98 S 61012'26"E 119.93 _........... 22021'55" 330,00 128,81 65.24 S 39033'17"E 128.00 �105.42 @ 18022'58" 330,00 105.88 53,40 S 19°10'51"E 8°39'44" 330,00 49.89 24,99 S 05039'30"E 49.84 i 14°19'28" 370.00 92,50 46.49 S 05°50'06"W 92,26 14005'55" 370,00 91.04 45.75 S 20°02'47"W 90.82 16046'19" 370.00 108.31 54.54 S 35028'54"W 107.92 N 22049 43" S00n 7'4 370.00 - - ,._. _ .. Boo00 18.27 - ------ 89,84 9.14 S 45016'56"W S 51°6038"W .18.26 89.72 .V 10000'38" 10036'29" 500,00 _..................._.._ 500.00 87 36 ......._.......... 92.57 43,79 46.42 S 61°59'48"W S 72018'21"W 87.25 _--. 92.44- 8°55'32" 500.00 77,69 39,02 S 82°04'22"W 77.81 ss 8005'27" 500,00 70,61 35.36 N 89°25 09"W 70.55 7° 01 ' 11 " 500,00 61,26 30,67 N 81 ° 51 ' 49"W 61.22 4036' 15 "" 500.00 40.18 20,10 N 76° 03' 06"W 40.17 19' 47 " 550.00 22,36 11,18 N 74054 ' 52"W __._ --_ -. 22,36 - -20 6*24'56" _ 550.00 - 61.58 30.82 N 79°17'14"W .. -- 61, 5 6018`20" 60.53 30.30 -- - N 85038'52"W ___ _.-... ..... 60.50 20 1'36" -550.00 550,00 24.25 12.13 S 89056'10"W 24.25_ �......._ _... _ ° 06' 55" 024'45" 710.00^._.._.._._........_._88 710.00 '.17......: 79,46 44. 14 39.77 S 320 53' 22"W S 39039'12"W 88,11 79.42 0 Cc 6019'57" 6002'06" 710.00 710.00 78.47 74.78 39.26 37.43 S 46001'34"W S 52012'35"W 78.43 74.75 0 _._ 6002' 41 " _ .__. __...__..... 6°03'1111 710.00 710.00 74,91 75.01 37,49 _.._. _. 37.54 S 58014' 58"W S 64017'55"W 74.87' 74.97 c 6°03'34" 710.00 75,09 37,58 S 70021'17"W 75.05 6*03*52" 710.00 75.15 37.61 S 76025'00"W 75.11 C1k 6° 20 " 58" 710.00 78,68 39.38 5 820 37' 25"W 78,64 9 5051'09" 710.00 72.52 36,29 S 8804329"W 72.49 0 5002'18" 710,00 62,43 31.24 N 85049'48"W _ 62,41 0014' 43" 710.00 3.04 1,52 __._.. _..__N -83011 ' 18"W - 3,04 8039'44" __----------- __ ___ __ 19052'26" 170.00 _ _ _ ._...._...___._._._ 170.00 25.70 ._______________ 58.97 12.88 29.78 � N N 05039 3Q W N 19055'35"W 25.68 W58.67__ 19040'19" 170.00 58.37 29.47�w N 39041'57"W 58.08 c 190 44 ' 14 "� 170,00 58,56 29.57 N 590 24 ' 14 0 W 58.27 cP 21052'21" 170,00 64,90 32.85 N 80012'31"W 64.50 0 10033`16" 135,00 24.87 12.47 S 83034'40"W 24.83 cD 24049 51 135.00 58.51 29.72 S 65053 Q7 w - 58.05 _ c 280 151 57H 135.00 66.60 33.99 S 390 20I 12N W 65.93 30 15r 01" 250.00 14.18 7.09 S QQ° 17 52 W M 14.18 13030' 25" 250,00 58.94 29.60- -S-.08° 40' 36"W ----- 58.80 61.48 30.90 S 22°28'31"W 61.33 .,._.14'005'256250,00 13049'05" 250.00 60,29 30.29 S 36025'45"W 60.15 13043'28" 250,00 - 59.88 30.09 LL S 50012'02"W .W_ 59.74 13033' 10" 250.00 59,14 29.71 S-630.50' 211 -59.00 - 96- 13021'05" 250.00 58.26 29,26 S 77017'29"W 58.12 G 10036'16" 250,00 46.27 23.20 S 89016'09"W 46.20 r� 0 4057'50" 7007*39" 500,00 500,00 43,32 62,20 21.67 31,14 - N 82056'48"W N 76054'03"W ^µN 43.30 62.16 - 1022'15" 500.00 11.96 5.98 72039'06"W 11.96 9039'12" 300,00 50,54 25.33 N 76047'35"W 50.48 -90 42 27 100 z0 50.133 25,48 N 86 2A 25 W 50 77 Y/k.lbn..# M...: M1LLl_LN T V INGSTON ROAD N 00050'51"W 1315.71 All 95.00 a 80.00 N__ 0-00-51 " W�X./ -1--- 07 AND T, 0, E 15* P-1,LF- TRACT 10 00 @ 1209 t MENT) (6ANDSCAPL BUFFER EASE CD N 45055'16"W A .00 59 pm 100F to SIDEWALK EASEMENT 10 N 01' 19'313"W 181, N 01019'38"W N 0603 - - __ 0 LIJ N 00024'32"W 280.75 A 105.62 5127"E N 00-i S 01"19'38"E 171,39 s 98.20 & cn Z' -6' S.W.E. 10' L.M-E. 84,06 OD 6 1� co 7N - tn 0 6;83 -5 '_2 _7" E_ .2 N Oolii�o 84,06 7 tp (y L) LLJ C> Z I IN 4 < 0111 19'38"W 161,6 tau W S 01019'38"E 169.39 8 OD LL T @) 10 A N 01019'38"W 204�53 S 01019'38"E 199.79 GA zcgi 1 10' P_U.E_ -.7.5, P.D.E. 7. 5' P. D. E. AND T_U_E__" f4 il 10' P.U.E. tip' AND T,U.E, S- 01 " W'36 % --- _/ 8 - /_ - - __ - N7,97 - u 4-95, 6��- - %**- 7.5' P.D.E. so L - T 7- 5- TRACT 15' P.U.E. 15' D_E_ - - P.U.E. -T-i _66-, 1 _9 - ( N 00"50'51"W 39.65 6* S.W.E. N 88051'44"E 13,46 N 00051'10"W 210.17 <0 11 N 01019'38"W 11 B s 10i'll'19"38"IE TRACT 206.25 192,26 L -7,10 A TURE DEVLLOPMENT) (FU 10' P.U.E. fLAKF0 Dr) E<�,-, F E LL AND T. U. E v_u_t_ z4 AND 'T.U-E. AND L. M."\ 1:3 0 (T ce to # co <S> LL S 01619'30"E N 0 10 19'38",.W 204.66 LC (z) 1 14 (92 1111\� A, r AC t S tr OP 19'38"E 44j N oil, 19'38_'l - ----- oy AD 1 81.47 _7 LL 6' LL op ro L 'l N 01019'38"W 192,63 -14 -10' L.M.E. M I ig, 3a"E - 0 0 4-75, 7, 5 - D. E. 3: Op -1-RACT P (D D. E . , F. E. 1RACI[ 0 F.) A N D L. M. E.) (L- - B. F.) N 88"40'22"E N 01"19'3811W 179,04 1 x 3 3:3 1 A k1pj -1 1 1 1 11 L s 01 019*38"E 174.00 OW 7, - - +L 1;1 r..kr -144 60.00 60.00 54" .1,1,9 -7.7 Xj N 010 19'38"W, 271.,95 . ..... . N 01 9036'W 552.37 11 N 010 19*38"W T P A r TO 42 A 4 4 Q '1A -7 r, owwwwggw� _0�� 90 D.E. & (A. 0. W., A. E., P U E GIA�DINO L-A E_ L N E-_ M A I- H I T H A C T -7 TPAPT I TNF nATA SFFF��mml" > _< = 11 L _r H A CT r /11 0 F 1. 0 2B r 1—- 0 F/ 10 rl IPVF nATA PHDVF 0 DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD MIST. OA 33031'57" 353,24 206,73 106.42 N 74033'52"W 203,80 33041'18" 225,00 132,29 68,12 N 74"28*59"W 130.40 90010'56" 325,00 511,54 326.04 N 43045'50"E 460.35 . . ......... @ 1051,301, 360,00 11.68 5,84 N 89*47'03"E 11,68 89049'04H 360.00 564,34 358.86 S 46014*10"E 508,31 39"50-37" 270,00 187.76 85 S 70055'52"E 184.00 . ............. 40019'05" 370.00 260.36 135.83 S 71010'06"E 255.02 90000,1911 25,00 39,27 25,00 S 45051'01"E 35,,36 01� 24054'32' 222.00 96,51 49,03 S 78023'54"E 95.75 .............. ............. ............. . .. . ... . ..... ............. .... .... .......... - ___ 34*19'53" 170,00 101,86 52.51 S 48*46*42"E 100,35 29057'07" 180,00 94,10 48.15 S 46635'19"E 93.03 . .......... - ----- ----- - (D 117021l 122,00 249.89 200.49 N 59045'24"E 208,44 87046'38" 355.00 543.86 341.49 N 44057'59"E 492,21 0 90000'00" 35.00 54.98 35.00 N 43051'18"E 49,50 90000,001, 30.00 47l.12 30.00 N 46"19'38"W 42.43 OP 33041,18" 375,00 220,49 113.53 N 74028'59"W 217,33 06 28001"i4l" 200.00. 97,81 49,90 N 71038'57"W 96.84 411136'3811 100.00 72.62 38.00 S 730320071,04 2490 46 48 5 5 00 239.77 N 0 2 22'48" W 90.23 (D 30054'50" 125.00 67.44 34,56 S 7205649"E 66.63 30'45l 250.00 134.24 68.78 S 73*01'17"E 132,63 33"41'18" 326.00 191.09 98,40 S 74028'59"E 1e8.35 - - - ---- ---- woo"0011 30.00 47,12 30,00 N 43#40Y221FE 4243 74"57'54* 190.00 242.59 145.70 N 38*48'35"W 231,24 DATA 0 BEARING DISTANCE 9 88040'22"W - ------- 30,00 - ----------- --- -- _ ____ S BBO 40'22 " W - 39.83 N 00051-30"K N 570 38'20"W 83,55 77,48 S 88*40'22"W 81,10 N 88*40'22"E 66.95 07 N 89*08;66''E S 88040'22"W 23,03 3.33 57038'20"W 86,49 DO S 57038'20'l 68.46 (B N 88040'22"E 18,33 S 51057'26"E 43.47 13 N 45*55'16"W 20.00 S 88a40- 22 "W 60,00 N 880 40'22*E 33.33 S 45027"ll 20.00 N 00050"ll 46.73 N 17052'30"E 41.93 N 17052'30"E 91,36 N B '44"E 15,87 N BS040'22"E--..-..,'..,.30-.-00 N 17008'50"W 31.18 IN 12032'01"E S 12032'01*W 26.58 N 26*00'60-E S 38034'29"E 32,63 N 00*51'10"W 35.91 S 89&08'50kW 55.109 N 890'0650-E 74,07 (g N 46054l 32,62 301 N 43005'36"E 28i.010 S .460.54 l 35 0 37 4 n T M > FA� OD (b (3) m m to Ln ru rn 7- M ul co LA m co t 71 M Fqq fN A T E 40 z 0 M > co M c: 71 m > m :K m z PLAT f3001<" SHEET 8 OF P101W WN PAG SCALE: 1" = 60' 0 60 80 120 SCALE INFEET rn U) z .. i _0 m ca > z a c: Lp X cnTHIS INSTRUMENT WAS PREPARED BY: 141 JOHN P. MALONEY, P-S.M-#LS4493 r; > WILSONMILLER, INC. ENGINEERS, PLANNERS AND SURVEYORS WILSON PROFESSIONAL CENTER. SUITE 200 m 3200 BAILEY LANE AT AIRPORT ROAD NAPLES, COLLIER COUNTY, FLORIDA 34105 (239) 649-4040 CFRTTFICATE OF AUTHORIZATION # LB-43 NOTICE: m F71 THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM. IS THE OFFICIAL THE, SUBDIVIDED-tiANDS, DESCRIBED -HEREIN,, AND,, WILL -IN, - NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL. THERE MAY BE ADDIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. to r"ll P-1 IPVF' nATA 0 DELTA . . . . . . . . . . . . ........... . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . ........... RADIUS LENGTH TANGENT CHORD BEARING CHOHDI-ITST, F7 12021*02" 100.00 ................ 21.56 10.82 s 88009,55"W 21,51 @ 290 15'36'4 100.00 51.07 26.10 S 670 21'36"W 50.52 21"54'05" 55.00 ---------------- 21.02 . . . ......... 10.64 S 630 40' 5001w 20.90 ;,_ 60049 2111 55.00 58,39 32,28 N 74057'27"W 55.68 88037'30" 55.00 85.07 53.70 N 00014'01"W 76.84 08 580 381 0600 55.00 56-29 30.89 N 73023'47"E 53.86 BC 19047'46" 55.00 19.00 9.60 S 67"23'17"E 18,91 240 13-07- 12.00 52.84 26,82 S 69* 35058"E 52.44 6*41'43" 125,00 14 61 7.31 S 85003'23E 14.60 7 (B:D 11*57 'll 250.00 52 .21 26.20 S 82025 '15"E 52.12 (@ 160 30'25m 250,00 72.03 36.26 S 680 11'04"E 71.78 2017'31" 250,00 10,00 5.00 S 58047'05"E 10.00 @ 0007'39" 325.00 0.72 0.36 S 570 42'09"E O.72 13005-21- 325.00 74.25 37-,29---- 64018'40"E 74.08 12002'16" 325.00 68.28 34.27 -S S 76* 52'28"E 68.16 8026-02" 325-00 47,84 .. 23,96 $ 870 06'37"E 47.80 20 39'03" 300 '00 . . . .. ... .. ... ............ 13.88 6.94 N 570 14 '43*W 13.86 0 13009'13" 300,00 50,87 34,59 IN 75*08'51*W 68,72 go 36'10" 300.00 50.28 25-20 N 860 31'33"W 50.22 CD 8* 23*52" 300.00 43.97 22.02 S 87*07'42*E 43.93 13*04'27" 300,00 68.46 34,38 S 76*23 32* E 68,31 9027'58" 300.00 49,56 24.84 S 65007'20"E 49.51 20 35'29" 549,00 24.83 12,42 ........... .. S 61041*06"E 24,83 7034*43" 549.00 72,62 36.36 S 56046'12"E 72.56 70 12'50" 549.00 69-12 34,61 9 74009'580E 69,08 0 6059'59" 549.00 67.07 33-58 S 131016'22"E 67.03 - - (R 6033'16 549.00 62.80 31,44 9--88"03'00'YE ANU 43041'36*' 55,00 49,57 26.06 N 22041'58"W 48.38 10010*26" 355,00 63,04 31.60 N 43007'47"E 62.95 **--*W BZ 40 33130" 355,00 28.24 14,13 N 500 29'45"E 28.24 36-04-40" 355.00 U3,55 115,6F N 70048'54"F Plq,,07 THIS INSTRUMENT WAS PREPARED BY: JOHN P _ MALONEY. P . S . M . #LS4493 -lASE WILSONMII.T" ER, INC. MEDI ERRA PI ENGINEERS, PLANNERS AND SURVEYORS WILSON PROFFSSTONAL CFNTER SUITE 2nn THREE 3200 BAILEY LANE AT AIRPORT ROAD A SUBD 1. NAPL.ES, COLLIER COUNTY, FLORIDA 34105 N OF tP39I 649-4040 CERITFICATE OF AUTHORIZATION # LB--403 NOTICE. THIS PLAT, AS RECORDED IN ITS GHAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL. IN NO CIRCUMSTANCES BE. SUPPLANTED :IN AU'T"HORITY BY ANY OTHER GRAPHIC; OR DIGITAL FORM OF THE FLAT, WHETHER GRAPHIC OR DIGITAL. THEREY MAY BE ADDIONAL RESTRICTIONS THAT- ARE:. NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN -THE PUBLIC RECORDS OF THIS COUNTY_ I I I r 10 ' r r r ,? =r 1^ d 4 -.- _zz . ..... SCALE: 1" 60' 0 60 BO 120 SCALE IN FEET I T 1\ 1 U FA A 1- A L_ ,_L a le L_ L.J. rl BEARING .. Il DISTANCE S._.820 15' 58" 95.00 2 N 82# 15' 58"W 65.00 S 070 44 ' 02 "' W 50.00 - 0 05 S 07° 44' 02"W S 82v 15' 58"I" 50.24 18.32 Y S 07" 44' 02 "YW S 112" 15' 58'"E 2.00 39 . C3C3 EAST IJ_&� 11 1 OF SECTION TOWNSHIP 4.8 SOUTH,L� RANGE 25 EAST (_.OLLIERO.'�f " I I. E - S 1-7- F I-] �yTF 10 130.00 MA CH �_ T NE_ (R_D.W A.E , P.U-E , D.E. G.l,..E ) C' ° I 10 P.U.E. 4 _ AND T U. 10-24 [y{= Y [V! n.; PAKT ONE THACI--- 11 L 7511 TACW • M_�STNA LA I "..; __ I I,m e � _1_ ! A T co -- _ r _ _ -- 130,.46--- 4-aJ0_-----j --- ----- CA)11 11 � � 10' P.U_E_ D-E-- � E L -- 7 i. N 01° 08' 42"W a �� 18,31 I I f v _ _ i 2 _ TRACT AND T.U.E. w S 42"43'08"E I I � O � f (L__.AKE, 0. E . , F . r (D.E_ AND L_.B.E.) ul 24.47 I I AND L. M. E. Ei' S.W.E_ AND T.U.E. 16,24 I I r 0 ,,, I I 40 I E w I 196 .4'6 160 > E I 0 I 1� ©, T 1 `.'le THAC� ._..... I (LAKE, D.F. AND l .. M . E .) � � ► � Ran . Dn''�� I m Ci r x -J 4 K I ( `HEARING .y. . N 14026' 24"W .- ' DISTANCE 16' 50 S 0-/0-44' 02"W 25,00 i N 07° 44' 02"E N 07044'02"E 25,00 22,00 tl N 07044' 02"E S 00057'34"E _... 49.00 15,00 4 N 89° 01 ' 34"E....._._ 22.00 CIIPVF [DATA A CiT 11 10, I I � xx (FUTURE OLVF=.L OOMENT) I I 46 5 taa I8 i6 �r � I } I l 1 A" I C I ,-- roCD ! I n �� I 1; I T) I �k: .✓" ' �� i1J .< THACT 0 hli _0 m b Cf) 1 I 0 Cn I --Ij rn I } ! z I Cal I C A ll '�E I I (DRNSE:RVATICN AREA) z ! ' I DElTA RADIUS LENGTH TANGENT CHORD HEARING CHORD DIST_ OA _...._------- _...........___..__..._- 89049-04" 1051,301, ' 360.00 360.00 564,34 _.._. 11,68 358,86 5.84 S 46°14'10"E N 89047' 03" 508,31 11,68 tc> _ 8 57' 3411360,00 ------ ..._ 8052'44" 00 .w._ 350.00 552.67 _ _.N.,...._.._. 54.24 347.40 _ .._._.._. - -. 27, 17 S 450 18'25"" E N 03" 17"40"E 499,97 t_...... 4-_18.._... 0° 00 , 00" 90000,0()o 8°52'44" _.._._. 35.00 320.00 54.98 .. 49.59 __.... - -- 35.00 _. 24.84 --__.__.___....... S 52" 44 ' 02"W _ __-___. S 03017 40"W 49 , 50 .................... _.. 49,54 79"26'53" 35,00 48.55 29,10 S 40053'08"E 44.75 79017'57" 385,00 532,85 319.06 5 40058'37"E 491,33 51029-45" 95,00 85.38 45,82 ................. ___..... N 40*11`16"W 82.54 01 19006'07" 1144.75 3S1.65 192,61 N 75629'12"W 379.89 O 58026'03" 545.00 555,S3 304.80 S 57"32'33"E 532,05 0012'36" _ 3B5 00 1,41 0.71 S 80031'16"E 1.41 O 0 8056' 35"" .... --. _ 8039408/, 8031.28" 385 , 00 385.00 385.00 60.09 - --_ 58,14 57.28 30.11 _ 29.12 28.69 -.......... S 75056' 40"E -� S 67008'48"E S 58033'30"E ._._._._. _ 60 , 03 58,08 57.23 op 3010,181, 545,00 30 e 17 15 ' 69 S 85° 10 ' 2W E 30. 17 0 G f4^ i 10030'52" 10015 " 11 " S' 3V;V 545,00 545,00 '14 t!i.i 100.01 97,53 9 1 �?8 - 50.15 48,89 fit' r3 5 78°19'51"E S 670 56 ' S0 `E � �6::!A „�1 5 0 �; .. 99.87 97.40 €.� i I" F .�. Iuu I I x�cxa I F� "h i a�t71 I I I i I _15' DRAINAGE i l __.ACT Ci--� A 11 � I I EASEMENT i I anti 5 BS- O22" 16"W I S 89" 02' 26"W -� I 22 .0a as �11 PLAT BOOK Sf-IFFY 9 OF --f-- F) A I I l"c 11 CA 11 I mggg MATCH [--INF io P.UyF. Al 1 D'ARF- BUR-` - E-A EM N�T).." ,.,.� ..,-. _......._ _ _ _ ._.. _ - - - _- r- r n SF P --IC NATL_ _.. _ _ <, . f n", t `' a`� > I I -IF L 1 /4 QI THL NF 1 /4 OFSECTION T ANTI �� 9 "c; �v1 r rvr r_I I Ill' PAG z 1n m i� z 7 MEDITERIZA PPLTH,AS!IREli� � EA.ST, UNIT ONE i Tvrnir.qtnN i2nAn SIiAFTin B001<n A SUBDIVISION OF PART OF SECTION 12; TOWNSHIP 48 SOUTH, COLLIER COUNTY RANGE 25 EAST,, I'LORIDA. a I- i KI -� m F ` `� CIA A N 110.24 44 7 I a r - w-r • • r- y,,-- EAST RIGHT-OF-WAY z CJ r m z a cn Ln cat rt� ru rn c ro z r" U m z cn m Ln rn C7 Z W z 0 In THIS INSTRUMENT WAS PREPARED BY: ' JOHN P- MALONEY. P-S.M.#LS4493 WIL_SONMIL_LER, INC. ENGINEERS, PLANNERS AND SURVEYORS WILSON PROFESSIONAL CENTER, SUITE: 200 3200 BAILEY LANE AT AIRPORT ROAD NAPLES, COLLIER COUNTY. FLORIDA 34105 W 39) 649--4040 CER'ITFICATE OF AUTHORIZATION # LB---43 NOTICE. THIS PLAT, AS RECORDED IN .ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCHIHED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. WHETHER GRAPHIC OR DIGITAL. THERE MAY BE ADDIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.' ZZ4--��- SCALE: I" 60' 0 50 80 1.20 -------------- 5CAl E IN FEET l TAtl�:- CIA -IF A 0 BEARING DISTANCE S 82015'56"E_ 65.00 N 82015'580W 65.00 N 07" 44' 02"E 30.91 S 82" 15' 58"E --18.32 S 07"44'02"W S 82015'58"E 2wy.00 69.96 N 07" 44 ' 02"E - 10.00 -_ S 82°F 1558 E N 07044' 02"LW 130.00 22.00 00 N 07" 44' 02"E 25.00 - Q 10 -S 44001'43"W SS 88054 ' 36 " W _ 7.98 _.. 69,37 33 S 00051' 10"E 15.00 N 88054'36"Ew - 90,00 i N 070 44 ' 02 0 E -N 07" 44 * 02" ... 15.00 ---44.00 N 00051'10"W 20.00 _ O BEARING DISTANCE S 89008' 50"W 60.00~ µ N 89"08'50"E 60.00 20 S 88051 ' 18"W _--__50.00___.... N 01"08'42"W 50.00 N 88*51'18"E __. 0.00 S 010 08' 42""E 50.00 S 88051 ' 18" W ! 37.00- N 01" 08' 42"W 34.00 N 88051' 1S"E 37.00 S 01008'42"E 34.00 N 01005'24"W 15.00 _. N 68"54'36"E 25,65 t� S 01" 05' 24"E 5.00 3 S 42" 50' 43"E 20,11 QP N 88" 54' 36"E N 88054'36"E 146,53 142.34 rl IPVr nA_I. A DELTA RADIUS �LE.NGTti TANGENT CHORD BEARING CHORD DTST . --- - 8" 52' 44 "' 350.00 54,24 27.17 N 03" 17' 40"E 54.18 _ .. a 11019'07" 825.00 64.20 32,21 N 06048'15"W 64.10 - 26051'00" 6" 39'09" 372.00 _.___...._ 325.00 174.33 ............._.......�..._........_..__ _ _.._ 37_._74 88,79 __-__.__._-.._ 18.89 N 00057'41"E N 11.003' 36"E 172.74 37.71 900004001, 35.00 - _.-...-_54.98_�-35. 00 N 37" 15' 58"W 49.50 _..w. r 39025'15" 4"18'33" 118.00 307.00 81.19 23.09 42.27 ii.55 S 62033'20"E S 11039'24"W 79.59 23.08 19006'07" 1144.75 381.65 192.61 N 75029'12"W - - 379.89 17"39'59" 118.00 36.38 1.8.34 S 51040'42"E 36,24 7017' 18" 118.00 15.01 7,52 S 64609'21"E 15.00 14°27'58" 118.00 29.79 14,98 S 75001'59"E 29.71 39025'16" 44029'33" 248.00 477.00 170,63 370.41 86.85 19a.11 N 62033'20"W N 85"C15'29"W 167,29 361.17 93" 30 4 54" 302.00 492.91 321.12 S 45° 54' 17 "' W 439.99 -._..... _ 39025'16" ............ -._.......-...._.._...._._...__.- 263.00 180.95 94.22 S 62033'20"E _____.__-__._........ 177.40 0 30°52'38" 197.00 106,17 54.41 S 16031'43"E 104.89 121"13'48" 80.00 169.27 142.06 S 28"38'52"W 139.41- �\ ' 46054' 11 274.00 - :.-z i,x. :Y.�44tA'Ord.'PdA'9tWXl�:#fcM=?FJ.Y4Xik47.Nk...fi^a.�F4{i.k.!!kS.Yr9/AfAU 224.3q fvNi.YYR"7R? �i.k.:@'GAIXp.Ad4W.A44 11E3 E��s :.J......?J.....,..1it74§AlW4tl:✓/�9'(W1.iWi9irlAti4iY N 7° #7'�i8"W ..... ':+!1 (l.kRA PIA109 rvrrrryfr.l tl e,ril..,ihti.l.+<n, :Ii�f6'uui{F2is:vr&-., n.,8k�:at.,577>�L+sl,�.,.r,.A4�Y:YRIri;` PDI RESOLUTION NO. 04 —j__ RELATING TO PETITION NUMBER PDI-2004-AR-5337 FOR INSUBSTANTIAL CHANGES TO MEDITERRA PUD MASTER PLAN FOR PURPOSE OF THE REMOVAL OF THE ENTRY ROAD CONNECTION TO THE FUTURE EAST -WEST LIVINGSTON ROAD AT THE SOUTHEAST CORNER OF THE PROPERTY AND THE ADDITION OF AN OPTION OF RESIDENTIAL DESIGNATION (R) TO THE VILLAGE CENTER DESIGNATION (VC) EAST OF NORTH -SOUTH LIVINGSTON ROAD. THE MEDITERRA PROJECT IS LOCATED WITHIN LEE AND COLLIER COUNTIES, HOWEVER THE PUD JURISDICTION APPLIES ONLY TO THE PROPERTY LOCATED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County; and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI- 2004-AR-5337 for insubstantial changes as shown on the revised Mediterra PUD Master Plan for the Mediterra PUD (Exhibit "A"), Ordinance Number 01-61, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: 1 The petition filed by Anita Jenkins, AICP, of WilsonMiller, representing Long Bay Partners LLC, be and the same hereby is approved for making the noted minor design changes to the Mediterra PUD having the effect of revising the Master Plan to remove the entry road connection to the future east -west Livingston Road at the southeast corner of the property and changing the Village Center (VC) designation, east of north -south Livingston Road, to Village Center (VC) and/or Residential (R) designation to allow for the option of residential development. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI- 2001-AR-5337 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 5th day of August, 2004. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Chairman (OA2k P S-lk-47 �J v,Z(-, ATTEST: ph K. Schmitt, Commdnity Development Environmental Services Administrator Approved as to Form and Legal Sufficiency: U01 Marjorie .-Student Assistant County Attorney PD1-2001-AR-5337/M B/sp 2 O O OOO�O ❑ p \\� o } m g10aJo tf .\�'v o 0 0 O Opp \oop Dp0 �OQoo..\p�00 v� i I ❑t' \�v� a z� o o awnwtsxemriawYnv+n�rcn'ramwrwr_vw� ---_----- 00 a O 1 .ou�• s� pOUR � ee pr ■■in$t�fA €"gsl�g adp gg $ a$4 hal 4 4 Y < I MEDITERRA Wils(mmiller EXHIBIT A PUD MASTER PLAN b - - PREPARED FOR: LONG BAY PARTNERS, L.L.C. INSTR 4423687 OR 4561 PG 908 RECORDED 4/30/2010 8:20 AM PAGES 15 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $129.00 CONS $0.00 .Prepared by and return to: David L. Coon, Esq. Henderson, Franklin, Starnes & Holt, P.A. (B) 3451 Bonita Bay Boulevard Suite 206 Bonita Springs, FI .34134 239-344-1100 15pa c Above Ws.i.iae For Recording Da1D1 7 Quit ClaimDeed This Instent is Prepared Without Opinion of Title This Quit Claim Deed made this Partners, LLC., a Florida. lindi Coconut Road, Suite 200, Bont Association, Inc., a Florida cox (Whenever used herein the terms "grant+ and the heirs, legal representatives, and corporations, trusts and trustees) day .of 1410d Il , 2010 between Long Bay y company, whose post office address is 9990 FL 34135, grantor, and. Mediterra Community whose post office address is. /S-73.1— CafeXo -14=4 304//o ;.grantee: Witnesseth, that said grantor, for and in consid DOLLARS ($10.00) and other good and valuable cc said grantee, the receipt whereof is hereby acknov quitclaim to the said grantee, and grantee's heirs and claim and demand which grantor has in and to the fr Collier County, Florida to -wit: include all the parties to this instrument luals, and the successors and assigns of of the sum TEN AND N0/100 ion to said grantor in hand paid by does hereby remise., release, and V.er, all the right, title, interest, desibed land, lying and. being. in See Exhibit A and B attached hereto and made a part Subject to taxes for 2010. and subsequent. years,; covenants, cQndi ons, restrictions, easements, reservations and limitations of record, if any. To Have and to Hold, the same together with all and singular the appurteances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, -fidh; equity and claim whatsoever of grantors, either in law or equity., for the use, benefit and profit of the said grantee forever. The property being conveyed shall be continually maintained by Grantee, its successors and assigns, as a landscape buffer and by the acceptance of this Deed, Grantee agrees to maintain the property as required hereby. #17781 S4 OR 4561 PG 909 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 pmse.nce: LONG BAY PARTNERS LLC, .,. a.Florida.Iimited Iiability company,. By: BONITA BAY PROPERTIES, INC., a Florida corporation, Managing Member - By: Witness �m Printed Name: - - t i Printed Name Its: C""III k-Q (Corporate Seal) Witness' DIANE MURRAY Printed Name{ . STATE OF FLORIDA COUNTY OF LEA. &1V The foregoing instrument was worn to and subscribed bef me this of 2010, by as of Bonita Bay Pmptsties, Inc., a. Florida corporation, grog Member of Long- - ers LLC, a Florida limited liability company, on behalf of the corporation and the corrprtyWho is personally known to me. S� KR DIANE MURRAY Notary Public NOTARY PUBLIC STATE OF FLORIDA DIANE MURRAY (Notary Seal) Comm# DD519122 a Printed blame: � Expires 12/3/2010 My Commission Expires: l U #1778194 OR 4561 PG 910 Explanation of Exhibit A The parcels listed on rows 2-49 on Exhibit A are described by the Plat name in Column A, the Tract'name in Column B, as described on the Plat, the Plat recording information . in Cole , nd the Property Appraiser's folio number in Column E. #1778194 OR 4561 PG 911 r F— m 2 x W L.LOO/O�O/O�./O��ozzOHO\z./OzzzO/OzzzO/O�/OZ./O�ZO�/O�O/O�O/O�O/O�/O�.O LLLLL (0 L () L 0) L NW00) L L L L Q) L O L 0 L 0) L 0) L 0) L (D L () L 0) L N L 0 L 0)0) L L O L O L O L N L N L 0) L 0) LLLLLL N N _O N O) 0) 10= U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U ... 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U U U U .� U rr U c0 Rf c0 c0 c0 CO (� N CO CO c0 c0 c0 N c0 (0 CO c0 ((S w 0 0 c0 ((S (Oa (0 c0-:. w mCO (0 w w w 0 (0 0 F— F— F— F— F— F— F— h- F= y H' O N 0) W O O O O O F— F— F— F— C D D D D Q Q !A m lA 0 !n w Z6 0 !A 0 co cO y co y w cn co cn cO co cu N 03 fA 03 N co O O O T T T T N 00 00 00 (M M 0 0 0 0 OTT T O W W W W W W W W W W W W W W U N U Uf N N U U N N U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L U L BUY LV ANY lb (SS Qi (LS c0 �N! (0 CO (� (� �N! (0 � (� (� d Laaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa c0 c0 LO (0 (0 c0 c0 (0 c0 c0 c0 lV w c0 c0 c0 c0 c0 LO c0 c0 c0 OJ C L i L L C X- L L .0 C L L Q m cU w c0 w c0 c0 c0 c0 co (0 c0 c0 c0 (0 ca ccu (z c0 c0 c0 cz cz co (0 (0 c0 c0 c0 cz c0 c0 c0 as c0 co c0 L L L L L L L L L L L L L L L L L L 0 L 0 L _N L _O L 0 L 0 L N L L L L L L L L L L L L L a -0 -0 -0 "O "O "O '>3 'a 'd 'O 'O _0 _0 'a 'O "O "O "O 'o 'a 'D 'O _0 "0 "O 'O 'O 'O "0 'O 'o lQ Q) N N 0) N O N 0) (0 0) (V N O 0) O 0) 0) 0) N N 0) 0) 0) 0) N CO O O 0) N N O O 0) 0) O O T N co ct Lo Co 00 MOT r T N T M T T Ln T CO T t� T 00 T O T N N N N N N co NNN coO M N C0 M CM7 coO M co N O T Cl) OR 4561 PG 912 3. - - LD - LD - LD - E) — E) — E) - LD - T - LD - a) LL .2 = 0 = 0 = 0 = 0 = 0 = 0 = 0 = 0 = 0 = 0 = 0 UUUUUUUUUUU c) cj cc) r q &x C) C\J' AD co co N0 co C N ltd-I ,9 et , It Nt 0 0) C) 0 — 0 0 C) a', 0 NT CY) C) 0 C) C) C) C) 8 C) & C) CIA cli C14 a o o 0 - a C:) C\j CV C) C) C) C) 0 C) a C) Ogg CD co CD (.0 CO (D CD CD N C.0 Lo Lo Lo Lo Lo Lo Lo Lo Lo Lo Lo, .2 .2 —5 Z .2 Z .2 Z .2 Z .2 Z .2 -6 .2 Z .2 -d .2 Z .2 75 LL LL LL LL LL LL LL LL U- LL LL CO CO CO C) 0 C) C C) 0 C? op op — — — — — N CD CD CO CO CD m 6 6 m CL IL CL M M CL m m m m CD fl- 1- It It NT co co co co co co It Nt mmmmcommmmmm CL M m m m M CL a_ CL CL M m >->�:Mm<mommmom 0 —0 —0 t —C) t —0 —0 —0 —0 0 0 0 cz 0 cz m w 0 0 m Ft Ft Ft F"— F"— F"— Ft C) a) 0 0 0 CD a) D D :D U) cn cz coo cz cz as w w w W LU Ce) CY) Cf) 0 c 0 c 0 c 0 c 0 a 0 3 Cf) co wm00000�-Ww C0 co cow (n cn M IL a) m (D (D (D a) —F MOM Cqlcol"TILOI(ol 1-, 00 I'm I N 16 cv co O 00 OR 4561 PG 913 EXHIBIT 10 TO MCA COLLIER COUNTY DEED (PARCEL NUMBERS ARE BASED ON AND NUMBERED CONSISTENT WITH PARCEL NUMBERS APPEARING AS "LESSOUT PARCELS" ON SURVEY OF MEDITERRA COLLIER COUNTY GOLF COURSE HOLES PREPARED BY BOCK & CLARK CORP. DATED JANUARY 8, 2010, PROJECT NO. 200900558-4. PARCELS #1, #2, #16, #21 AND #37 ARE PORTIONS OF LESSOUT PARCELS #1, #2, #16, #21 AND #37 ON SAID SURVEY) PARCEL #1 A TRACT OR PARCEL-OF'LLAND LYING IN TRACT "GC-4" OF MEDITERRA SOUTH GOLF COURSE PHASE FOUR, RECORDD" IN PLAT BOOK 38, PAGES 69 THROUGH 77, COLLIER COUNTY RECORDS, IN SECT1 1, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SOUTH EASTCORNI, ER OF MEDITERRA PARCEL 113, RECORDED IN PLAT BOOK 38, PAGES 43 AND-44,,: OLLIER COUNTY RECORDS RUN SOUTHEASTERLY ALONG THE WESTERLY LINE. MEDITERRA UNIT TWO, RECORDED IN PLAT BOOK 36, PAGE 78 AND 79, COLLIER C UNT. ,RECORDS, ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 450.00 FEET (D'E TA,04-53'08") (CHORD BEARING S23°20'53"E) (CHORD 38.36 FEET) FOR 38.37 FEET A p,OINT.OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG AN ARC F Ap`CU,RVE TO THE RIGHT OF RADIUS 500.00 FEET (DELTA 21 °01'20") (CHORD BEARING Si5° 6'4'1"E) (CHORD 182.43 FEET) FOR 183.45 FEET TO THE NORTHEAST CORNER OF ME, T R�RA,PARCEL 112, RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTR CC?RDS; THENCE RUN N88°34'27"W ALONG THE NORTHERLY LINE OF SAID MEDITERRA PARCEL 112 FOR 20.12 FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CU, THE LEFT OF RADIUS 480.00 FEET (DELTA 20-45-47") (CHORD BEARING N15°24'34"\ (CHORD 172.99 FEET) FOR 173.94 FEET TO A POINT OF REVERSE CURVATURE;"TA NtI RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 70:06 F ET (DELTA 05-53-18") (CHORD BEARING N22050'49"W) (CHORD 48.28 FEET) FOR 48,.3 , FEET, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID MEDITERRA PAR fi f3r THENCE RUN S88°28'46"E ALONG SAID SOUTHERLY LINE FOR 21.56 FEET TO THE`IPONTIIOF BEGINNING. CONTAINING 0.10 ACRES, MORE OR LESS." : '3 BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE-S'OUTHERLY LINE OF MEDITERRA PARCEL 113 RECORDED IN PLAT BOOK 38, PAGES 43 AND 44, C LLEER COUNTY RECORDS TO BEAR S88028'46"E. 4 `: PARCEL #2 "Y A TRACT OR PARCEL OF LAND LYING IN MEDITERRA SOUTH GOLFCd`U, SE PHASE FOUR, RECORDED IN PLAT BOOK 38, PAGES 69 THROUGH 77, COLLIER C0 tY RECORDS, IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS." --- BEGINNING AT SOUTHEAST CORNER OF MEDITERRA PARCEL 112, RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTY RECORDS RUN SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF MEDITERRA UNIT TWO, RECORDED IN PLAT BOOK 36, PAGE 78 AND 79, COLLIER COUNTY RECORDS, ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 600.00 FEET (DELTA 15-19-56") (CHORD BEARING S37°36'19"E) (CHORD 160.08 FEET) FOR 160.56 FEET A POINT OF TANGENCY; THENCE RUN S45016'16"E ALONG SAID SOUTHWESTERLY LINE FOR 18.68 FEET TO THE NORTHERLY MOST CORNER OF MEDITERRA PARCEL 111, RECORDED IN PLAT BOOK 37, PAGES 8 AND 9, COLLIER COUNTY RECORDS; THENCE RUN S44°43'44"W ALONG THE NORTHERLY LINE OF SAID MEDITERRA PARCEL 111 FOR 20.00 FEET; THENCE RUN 1780093v1 OR 4561 PG 914 N45016'16"W FOR 18.68 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 620.00 FEET (DELTA 15019-56") (CHORD BEARING N37°36'19"W) (CHORD 165.42 FEET) FOR 165.91 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID MEDITERRA PARCEL 112; THENCE RUN N60003'39"E ALONG SAID SOUTHERLY LINE FOR 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. BEARINGS HER NAT11? � VE MENTIONED ARE BASED ON THE SOUTHERLY LINE OF TRACT "A" OF MEDITERRA PARC RECORDED IN PLAT BOOK 36, PAGES 80 AND 81, COLLIER COUNTY RECORDS TO BEAR Oa 3'39" E. PARCEL #3 A TRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORA. SAID TRACT OR PARCEL OF LD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNEROF,ECTION 11, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT GC-4A, MEDITERRA,50UTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PL1: WOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N88°57!�rE ALONG THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 1281.03 FEET; THENCE 5.0 "O"ig"E, LEAVING SAID NORTH LINE, A DISTANCE OF 1049.42 FEET TO THE POINT OF BEGINMN ,,shp POINT LYING AND BEING ON THE EASTERLY RIGHT OF WAY LINE OF CORSO MEDITERRA CiIE, AS SHOWN ON AFOREMENTIONED PLAT; THENCE S.88032'04"E., LEAVING SAID EASTER i RtbpT OF WAY, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CC, RVATION EASEMENT #4AC, AS RECORDED IN O.R. BOOK 2871, PAGE 2481; THENCE AL^ 7 G.,-SAID WEST BOUNDARY LINE FOR THE FOLLOWING TWO (2) CALLS; (1) THENCE S.0 27'5 114.26 FEET TO (2) A POINT OF CURVATURE CONCAVE EASTERLY, HAVING A RAD) 9QF 485.00 FEET, A CENTRAL ANGLE OF19026'24" AND A CHORD BEARING AND DISTAN'00 S�08°15'16"E., 163.77 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF164P:06 ~FEET; THENCE S.89004'33"W., A DISTANCE OF 15.67 FEET TO A POINT ON THE EASTEkLY`fZf6HT OF WAY LINE OF SAID CORSO MEDITERRA CIRCLE; THENCE ALONG SAID EASTERLY, RtOHT OF WAY LINE FOR THE FOLLOWING TWO (2) CALLS: (1) THENCE WITH A CURVE', -CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 18°54'49" 'lND *A CHORD BEARING AND DISTANCE OF N.07059'28"W., 164.30 FEET; THENCE ALONG 'THE:ARC OF SAID CURVE A DISTANCE OF165.05 FEET; (2) THENCE N.01°27'56"E., A DISTAN OFY,114.26 FEET TO THE POINT OF BEGINNING. PARCEL #4 A TRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SECTION 11, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT GC-4A, MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N88°57'27"E, ALONG THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 1234.30 FEET; THENCE S.01002'29"E, LEAVING SAID NORTH LINE, A DISTANCE OF 172.62 FEET TO THE POINT OF BEGINNING, SAID POINT LYING AND BEING ON THE EASTERLY RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, AS SHOWN ON AFOREMENTIONED PLAT; THENCE N.75026'26"E., LEAVING SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 15.04 FEET TO 1780093v1 2 OR 4561 PG 915 A POINT ON THE WEST BOUNDARY LINE OF CONSERVATION EASEMENT #4AC, AS RECORDED IN O.R. BOOK 2871, PAGE 2481; THENCE ALONG SAID EASTERLY BOUNDARY LINE FOR THE FOLLOWING THREE (3) CALLS; (1)THENCE WITH A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 7°24'30"AND A CHORD BEARING AND DISTANCE OF S.22005'12"E., 43.29 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.32 FEET TO (2) A POINT OF REVERSE CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 615.00 FEET, A CENTRAL ANGLE OF 27°15'25" AND A CHORD BEARING AND DISTANCE OF S':109'46"E., 289.82 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF, 7,:�EET; (3) THENCE S.01027'56"W., A DISTANCE OF 308.72 FEET; THENCE N.88032'04"W., A 'DI TANgE OF 15.00 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY OF LINE OF CORSO"M E RA CIRCLE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE ING FOR THE FOLLOWTgEE (3) CALLS; (1) THENCE N.01027'56"E., A DISTANCE OF 308.72 FEET TO (2) A POINT OF VA�IJRE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 600.00 FEET, A CENTRAL A` `OF 27-15-25" AND A CHORD BEARING AND DISTANCE OF N.12°09'46"W., 282.75 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 285.43 FEET TO (3) A POINT OF REV RSE CURVATURE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 350.00 FEET, ° A � 'NTRAL ANGLE OF 7034'21" AND A CHORD BEARING AND DISTANCE OF N.22000'16"E., 46 2 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 46.26 FEET TO THE POINT' F BEGNNING.; PARCEL #14 A TRACT OR PARCEL OF LAND LYING,AN3--BEING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA.q SAID TRACT OR PARCEL OF LAND BEING M:OR,E''PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF',TE SOUTHWEST QUARTER OF SECTION 12; THENCE RUN N.00047'58"W., ALONG THE EAT LlN. OF THE SOUTHWEST QUARTER OF SECTION 12, FOR 2001.73 FEET TO A POINT; fHEJC DEPARTING SAID EAST LINE, RUN S89008'46"W. FOR 99.99 FEET TO A POINT ON TH, IE°STERLY RIGHT OF WAY LINE FOR LIVINGSTON ROAD; THENCE N.71°50'22"W. ALONG Tki�`S'OUTH LINE OF A 15.00 PRIMARY DRAINAGE EASEMENT, FOR 73.55 FEET TO A POINT- ON,`A LINE OF THE BOUNDARY LINE OF TRACT L-2 (LAKE AND DRAINAGE EASEMENT), AS S-I N '-0N MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF; ;REC DED IN PLAT BOOK 37, PAGES 59-66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, D POI.NT ALSO BEING THE POINT OF BEGINNING; THENCE, ALONG SAID TRACT L-1 THE FOLLOWING 16 CALLS, RUN N.17°35'34"E. FOR 15.00 FEET TO THE NORTH LINE OF SAID 15.00 FOOT `CASEMENT; THENCE RUN N.17035'34"E. FOR 11.37 FEET TO A POINT ON A LINE; THENCE ---RUN N.10°16'37"E. FOR 64.58 FEET TO A POINT ON A LINE; THENCE RUN N.04°03'26"W. FOR 75'T2„FET TO A POINT ON A LINE; THENCE RUN N.42°16'39"W. FOR 31.63 FEET TO A POINT:.ON ,/A `LINE; THENCE RUN N.70041'38"W. FOR 25.45 FEET TO A POINT ON A LINE; THENCE RUN �N;8`0 T24"W. FOR 78.89 FEET TO A POINT ON A LINE; THENCE RUN N.65018'28"W. FOR 57.74 FEIETO A POINT ON A LINE; THENCE RUN N.54°47'55"W. FOR 55.04 FEET TO A POINT ON A LINE; THENCE RUN N.47024'47"W. FOR 48.04 FEET TO A POINT ON A LINE; THENCE RUN N.450a4°17"V. FOR 93.48 FEET TO A POINT ON A LINE; THENCE RUN N.47002'38"W. FOR 118.11 FEET TO A POINT ON A LINE; THENCE RUN N.67°33'46"W. FOR 20.27 FEET TO A POINT ON A LINE; THENCE RUN N.84034'29"W. FOR 77.01 FEET TO A POINT ON A LINE; THENCE RUN S.69°18'25"W. FOR 54.86 FEET TO A POINT ON A LINE; THENCE RUN S.52°47'08"W. FOR 52.66 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED TRACT L-2, N.25°08'22"W., FOR 40.01 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT OF WAY OF MEDITERRA BOULEVARD; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 83.00 FEET (DELTA 26025'00") (CHORD BEARING N.51039'08"E.) (CHORD 37.93 FEET) FOR 38.27 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 148.00 FEET (DELTA 95051-54") (CHORD BEARING N.86022'38"E.) (CHORD 219.74 FEET) FOR 247.63 FEET TO A POINT OF TANGENCY; 1780093v1 OR 4561 PG 916 THENCE RUN S.45041'25"E. FOR 255.98 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 296.00 FEET (DELTA 38°46'18") (CHORD BEARING S.65°04'34"E.) (CHORD 196.50 FEET) FOR 200.30 FEET TO A POINT ON A LINE; THENCE RUN S.53°22'50"E. FOR 56.04 FEET TO A POINT ON A LINE; THENCE N.89008'50"E. FOR 12.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE S.00°51'10"E., ALONG SAID RIGHT OF WAY, FOR 193.29 FEET TO THE POINT OF BEGINNING. PARCEL #15 A TRACT OR PARCE,VOF'-AND LYING AND BEING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER GOUNY.FLORIDA. SAID TRACT OR PARCEL OF` LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH QU RTER CORNER OF SECTION 12; THENCE RUN S00050'59"E., ALONG THE EAST LINE OF1+it' UTHWEST QUARTER OF SECTION 12, FOR 1960.80 FEET TO A POINT; THENCE, DEPARTING:' ID EAST LINE, RUN S89009'01"W. FOR 99.91 FEET TO A POINT ON THE WESTERLY RIGHT OF AY,LIN.E FOR LIVINGSTON ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, ALONG SAID RIGHT OF WAY THE FOLLOWING 3 CALLS, RUN S.00051'10"E. FOR 579.13 FEET TO,;R'�POINT, THENCE RUN S.12040'18"W. FOR 51.31 FEET TO A POINT; THENCE S.00050'59"E. FOR 264.14:f ET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT OF WAY LINE OF MEDITERRA BOULEVARD; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT Wit RADIUS OF 50.00 FEET (DELTA 106°42'20") (CHORD BEARING S.52029'56"W.) (CHORD 80.23E T `FOR 93.12 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHWEST EJLY A b.NG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 184.00 FEET (DELTA 28° 2e) (CHORD BEARING N.59055'09"W.) (CHORD 90.45 FEET) FOR 91.39 FEET TO A POINT OFTPGENCY; THENCE N.45041'25"W. FOR 255.98 FEET TO A POINT OF CURVATURE; THENCE RY CiF3T�. WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 260.' E€ET (DELTA 61041'15") (CHORD BEARING N.76°32-03"W.) (CHORD 266.60 FEET) FOR 279.93 FEE O °A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC'`OF SAFp CURVE TO THE RIGHT WITH A RADIUS OF 133.00 FEET (DELTA 32043'50") (CHORD BEAkibiq'5:88059'15"W.) (CHORD 74.95 FEET) FOR 75.98 FEET TO A POINT OF REVERSE CURVATIR THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH `A DIUS OF 107.00 FEET (DELTA 51033-08") (CHORD BEARING S.79034'36"W.) (CHORD 93.061 ) FOR 96.27 FEET TO A POINT OF TANGENCY; THENCE S.53°48'02"W. FOR 86.15 FEET TO X POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED NORTHERLY RIGHT OF WAY, N'r3Q°0055"W. FOR 78.91 FEET TO A POINT ON THE BOUNDARY OF TRACT L-5 (LAKE AND DRAINA EASEMENT), AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 1, ACCORDING TO THE FLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGES 52-58, PUBLIC RECORDS OF COLLIER COU Y;,FLORIDA, THENCE, ALONG SAID L-5 TRACT THE FOLLOWING 12 CALLS, RUN N.59°53'05"E, FOR 23.54 FEET TO A POINT ON A LINE; THENCE RUN N.54033'58"E. FOR 97.86 FEET TO A POINT• NA LINE; THENCE RUN N.31055'53"E. FOR 23.69 FEET TO A POINT ON A LINE; THENCE RUN 129009'48"W. FOR 32.58 FEET TO A POINT ON A LINE; THENCE RUN N.33029'22"W. FOR 51.67.FEI=TiO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 470.00 FEET (DELTA 13°46'27") (CHORD BEARING N.58°30'12"W.) (CHORD 470.00 FEET) FOR 112.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 430.00 FEET (DELTA 24°29'29") (CHORD BEARING N.63051'43"W.) (CHORD 182.41 FEET) FOR 183.81 FEET TO A POINT OF TANGENCY; THENCE RUN N.76006'27"W. FOR 168.28 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 70.00 FEET (DELTA 66°00-12") (CHORD BEARING N.43006'21"W.) (CHORD 76.25 FEET) FOR 80.64 FEET TO A POINT OF TANGENCY; THENCE RUN N.10°06'15"W. FOR 173.46 FEET TO A POINT ON A LINE; THENCE N.76°06'21"W. FOR 162.01 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A 1780093v1 4 OR 4561 PG 917 RADIUS OF 195.00 FEET (DELTA 15°16-59") (CHORD BEARING N.68°27'58"W.) (CHORD 51.86 FEET) FOR 52.01 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED TRACT L-5, RUN N.29010'31"E. FOR 20.00 FEET TO A POINT ON THE BOUNDARY OF MEDITERRA SOUTH GOLF COURSE PARCEL 102, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 34, PAGES 3-4, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE, ALONG SAID PARCEL 102 THE FOLLOWING 13 CALLS, RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 175.00 FEET (DELTA 15016-59") (CHORD BEARING S.68°27'58"E.) (CHO D 46.54 FEET) FOR 46.68 FEET TO A POINT OF TANGENCY; THENCE RUN S.76°06'27"E. F, 5: 0 FEET TO A POINT; THENCE RUN S.10°06'15"E. FOR 186.45 FEET TO A POINT OF CURVATI E;,*THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH' IUS OF 50.00 FEET (DELTA 66°0012") (CHORD BEARING S.43006'21"E.) (CHORD 54.47 FEET).FbO 57.60 FEET TO A POINT OF TANGENCY; THENCE RUN S.76°06'27"E. FOR 168.28 FEET Tb POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TOOT FRIGHT WITH A RADIUS OF 450.00 FEET (DELTA 24°28'22") (CHORD BEARING S.63052'16"E.) (CHORD 190.75 FEET) FOR 192.21 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 450.00-'Ff= (DELTA 41050'13") (CHORD BEARING S.72033'11"E.) (CHORD 331.34 FEET) FOR 328.59 FEEr TO A POINT OF TANGENCY; THENCE RUN N.86°31'42"E. FOR 274.92 FEET TO A POINT OF C RV TUBE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH KRA,D US OF 40.00 FEET (DELTA 87022-56") (CHORD BEARING N.42°50'14"E.) (CHORD 55.26 FEET)Ty ,0R,6.1.00 FEET TO A POINT OF TANGENCY; THENCE RUN N.00051'14"W. FOR 163.19 FEET TO gA` PNT ON A NON -TANGENT CURVE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF LAIC -.CURVE TO THE LEFT WITH A RADIUS OF 55.00 FEET (DELTA 131 °52'48") (CHORD BEARI a Nf66°17'24"E.) (CHORD 100.44 FEET) FOR 126.60 FEET TO A POINT ON A NON -TANGENT 1 THENCE RUN N.89°08'46"E. FOR 41.88 FEET TO A POINT ON A LINE; THENCE RUN N.00°514",W,,'FOR 255.00 FEET TO A POINT ON A LINE; THENCE, DEPARTING AFOREMENTIONED P f�L 92, RUN N.89008'46"E. FOR 128.08 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT TRACT L-3 (LAKE AND DRAINAGE E EMENT), AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO;-T ` PLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 52-58, PUBLIC RECORDS OF COLLIER COI:INTY, FLORIDA. PARCEL #16 A TRACT OR PARCEL OF LAND BEING A PORTION OF TRACT"GC-2" OF MEDITERRA SOUTH GOLF COURSE PHASE TWO, RECORDED IN PLAT BOOK 37, PAS 59 THROUGH 66, COLLIER COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 48 SO TH.: ANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND ' BEIN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF MEDITERRA PARCEL 1 .03 RECORDED IN PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS; RU7°14'10"E ALONG THE SOUTHERLY LINE OF SAID RECORD PLAT FOR 20.00 FEET; THENCE RUN S12045'50"E FOR 14.20 FEET TO A POINT OF CURVATURE; THENCE RUN,,SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 420.00 FEET (DELTA 15037'06") (CHORD BEARING SO4°57'17"E) (CHORD 114.13 FEET) FOR 114.49 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 745.00 FEET (DELTA 09°57-47") (CHORD BEARING S07°50'09"W) (CHORD 129.38 FEET) FOR 129.55 FEET TO A POINT ON A NON -TANGENT CURVE AND AN INTERSECTION WITH THE NORTHERLY LINE OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 31, COLLIER COUNTY RECORDS; THENCE RUN WESTERLY ALONG SAID NORTHERLY LINE AND ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 600.00 FEET (DELTA 01°55-34") (CHORD BEARING N69°52'45"W) (CHORD 20.17 FEET) FOR 20.17 FEET TO A INTERSECTION WITH THE EASTERLY LINE OF MEDITERRA UNIT ONE RECORDED IN PLAT BOOK 33, PAGES 96 THROUGH 101, COLLIER 1780093v1 OR 4561 PG 918 COUNTY RECORDS; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EASTERLY LINE: NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 725.00 FEET (DELTA 09°45-38") (CHORD BEARING N07°44'04"E) (CHORD 123.36 FEET) FOR 123.51 FEET TO A POINT OF COMPOUND CURVATURE; NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 400.00 FEET (DELTA 15°37'06") (CHORD BEARING N04°57'17"W) (CHORD 108.70 FEET) FOR 109.04 FEET TO A POINT OF TANGENCY AND N12045'50"W FOR 14.20 FEET TO THE POINT OF BEGINNING. CONTAINING 0.12 ACRES, MORE OR LESS. BEARINGS HER;E'lNW0VE MENTIONED ARE BASED ON THE SOUTHERLY LINE OF MEDITERRA PARCEL 103 REGORDEP IN PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS TO BEAR N77° 410"E. AND A TRACT OR PARCEL OF LAND EING A PORTION OF TRACT "GC-2" OF MEDITERRA SOUTH GOLF COURSE PHASE T1N0, f ORDED IN PLAT BOOK 37, PAGES 59 THROUGH 66, COLLIER COUNTY RECORDS, LYING IN ECT.ION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TACT O.JR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOSTz bRoER OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 31 JOLLIER COUNTY RECORDS RUN S54°31'26"E ALONG THE SOUTHERLY LINE OF SAID �CQ'RD PLAT FOR 20.00 FEET; THENCE RUN THE FOLLOWING TWO (2) COURSES, BEIN w26;FEET SOUTHEASTERLY AS MEASURED PERPENDICULAR TO THE EASTERLY LIROF', ,kEDITERRA UNIT ONE RECORDED IN PLAT BOOK 33, PAGES 96 THROUC Tt1. COLLIER COUNTY RECORDS; SOUTHWESTERLY ALONG AN ARC OF A CURVE t THE RIGHT OF RADIUS 745.00 FEET (DELTA 09037-36") (CHORD BEARING S40°17'2 (ru l ' C - ORD 125.03 FEET) FOR 125.17 FEET TO A POINT OF COMPOUND CURVATURE ND-,SOTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 220.00 FEET',,�. ELTA.10°01'44") (CHORD BEARING S50°07'02"W) (CHORD 38.46 FEET) FOR 38.51 FEET TQvA COWIMON CORNER OF TRACT "GC-2" AND TRACT "L-1" OF SAID RECORD PLAT OF ME-QlTERRA SOUTH GOLF COURSE PHASE TWO; THENCE RUN N24°29'17"W FOR 20.37 FittTTb, AN INTERSECTION WITH SAID EASTERLY LINE OF MEDITERRA UNIT ONE; THENCEAUN HE FOLLOWING TWO (2) COURSES ALONG SAID EASTERLY LINE: NORTHEASTERLY" ONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 200.00 FEET (DELTA 08058-39") (CHOR� BEARING N49°35'29"E) (CHORD 31.31 FEET) FOR 31.34 FEET TO A POINT OF CC U,11`46 CURVATURE AND NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT E R, A.Ql IUS 725.00 FEET (DELTA 09037'36") (CHORD BEARING N40°17'22"E) (CHORD 121.67 FEET) FOR 121.81 FEET TO THE POINT OF BEGINNING. CONTAINING 0.07 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTHERLY LIN OF MEDITERRA PARCEL 104 RECORDED IN PLAT BOOK 34, PAGES 30 AND 31, COLLIER COS -RECORDS TO BEAR S54°31'26"E. AND A TRACT OR PARCEL OF LAND BEING A PORTION OF TRACT "GC-2" OF MEDITERRA SOUTH GOLF COURSE PHASE TWO, RECORDED IN PLAT BOOK 37, PAGES 59 THROUGH 66, COLLIER COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF MEDITERRA PARCEL 103 RECORDED IN 1780093v1 6 OR 4561 PG 919 PLAT BOOK 34, PAGES 26 THROUGH 29, COLLIER COUNTY RECORDS, RUN NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID TRACT "GC-2" THE FOLLOWING SIX COURSES: NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 183.00 FEET (DELTA 29°32'55") (CHORD BEARING N 33°11'25" E) (CHORD 93.33 FEET) FOR 94.38 FEET TO A POINT OF TANGENCY; N 47057'52" E FOR 24.30 FEET TO A POINT OF CURVATURE; EASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 148.00 FEET (DELTA 33010'28") (CHORD BEARING N 64°33'06" E) (CHORD 84.50 FEET) FOR 85.69 FEET TO A POINT OF COMPOUND CURVATURE; S � STERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 508.00 FEET (DELI_ 31°45'31") (CHORD BEARING S 82°58'54" E) (CHORD 277.99 FEET) FOR 281.58 FEET Ilo POINT OF TANGENCY; S 67°06'09" E FOR 258.89 FEET TO A POINT OF CURVATURE AI SO THEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 292.00 FEET LTA.,06°09'55") (CHORD BEARING S 70-11-06" E) (CHORD 31.41 FEET) FOR 31.42 FEET; THENCE RUN S 16043'56" W ALONG A NON -TANGENT LINE FOR 55.51 FEET TO AN INTERSECTION WITH A WESTERLY LINE OF SAID TRACT "GC-2"; THENCE RUN ALONG SAID' W TERLY LINE THE FOLLOWING NINE COURSES: N 66018'55" W FOR 89.64 FEET; (V 3058'43" W FOR 87.67 FEET; N 67014'32" W FOR 161.65 FEET; N 77022'53" W FOR 84.17 EET; N 89045'55" W FOR 79.59 FEET; S 81 °02'00" W FOR 67.68 FEET; S 69046'51" W FOR 3, 92 FEET; S 23032'16" W FOR 23.36 FEET AND S 06037'01" W FOR 55.17 FEET TO AN NT R.SECTION WITH THE NORTHERLY LINE OF SAID MEDITERRA PARCEL 103; THENCE__ UN, N 83022'59" W ALONG SAID NORTHERLY LINE FOR 88.90 FEET TO THE POINT OF BEGINi4ING. CONTAINING 0.86 ACRES, MORE OR BEARINGS HEREINABOVE MENTIONED RBXSED ON THE NORTHERLY LINE OF MEDITERRA PARCEL 103 RECORDED IN PLAT BOO. 37; AGES 67 THROUGH 72, COLLIER COUNTY RECORDS TO BEAR N 83022'59" W. PARCEL #21 (PARK CELESTIAL), A TRACT OR PARCEL OF LAND LYING AND BEING IN 1 7ION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. SAID TRACT OR PARCEL OF LAND BEING MORE PARTIC-UL KLY,DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 11`"THENCE RUN N.00°43'04"W. ALONG THE EAST LINE OF SECTION 11, FOR 200.52 FEET TO A POINT THE SOUTHERLY LINE OF TRACT GC-2, MEDITERRA SOUTH GOLF COURSE PHASE TWO, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 59, OF THE--P BL] =RECORDS OF COLLIER COUNTY, FLORIDA; THENCE, ALONG SAID SOUTH LINE, S.8864 =12'VW._ FOR 2364.00 FEET; THENCE, DEPARTING SAID SOUTH LINE, RUN N.01°17'48"W. FOR 1.p9 6 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE NORTHERLY RIGHT OF,AA LINE OF CORSO MEDITERRA CIRCLE; THENCE RUN N.06°16'10"W. FOR 226.14 FEET TO T; THENCE RUN N.83°43'50"E. FOR 38.93 FEET TO A POINT; THENCE RUN S.75039'11"E. FOR 1586 FEET TO A POINT; THENCE RUN N.68040'59"E. FOR 113.29 FEET TO A POINT; THENC`-' S.71°49'55"E. FOR 108.78 FEET TO A POINT; THENCE RUN S.76°55'44"E. FOR 106.85 FEET TO A POINT; THENCE RUN S.75050'09"E. FOR 55.61 FEET TO A POINT; THENCE RUN S.60006'27"E. FOR 74.55 FEET TO A POINT; THENCE RUN S.37°44'07"E. FOR 59.06 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 815.00 FEET (DELTA 19°37'40") (CHORD BEARING S.66056'17"E.) (CHORD 277.83 FEET) FOR 279.19 FEET TO A POINT ON A LINE; THENCE N.32052'33"E. FOR 52.93 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 60.00 FEET (DELTA 55°45'18") (CHORD BEARING N.60045'04"E.) (CHORD 56.11 FEET) FOR 58.39 FEET TO A POINT OF TANGENCY; THENCE N.88°40'03"E. FOR 26.81 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET (DELTA 67028'36") (CHORD BEARING 1780093v1 7 OR 4561 PG 920 N.54°52'41"E.) (CHORD 27.77 FEET) FOR 29.44 FEET TO A POINT OF TANGENCY; THENCE N.21011'43"E. FOR 35.30 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 50.00 FEET (DELTA 42020-08") (CHORD BEARING N.42°21'49"E.) (CHORD 36.11 FEET) FOR 36.94 FEET TO A POINT OF TANGENCY; THENCE N.63°31'54"E. FOR 53.10 FEET TO A POINT ON A LINE; THENCE S.12059'28"E. FOR 50.01 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 2687.00 FEET (DELTA 06037-41") (CHORD EARING S.17047'37"E.) (CHORD 310.67 FEET) FOR 310.84 FEET TO A POINT OF REVERSE C AT RE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT VFH,*A RADIUS OF 50.00 FEET (DELTA 53051'35") (CHORD BEARING S.05°49'26"W.) (CAOfZD �.29 FEET) FOR 47.00 FEET TO A POINT OF TANGENCY; THENCE S.32045'19"W. FOR 54.3 FEET TO A POINT ON A CURVE, SAID POINT BEING ON THE AFOREMENTIONEDNORtH,ERLY RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, THENCE, ALONG SAID RIGHT OF,,� ; ,'THE FOLLOWING 8 CALLS, RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 650.00 FEET (DELTA 03012-18") (CHORD BEARING N.53022'30"W.) (CHORD` 36.38 FEET) FOR 36.36 FEET TO A POINT OF TANGENCY, THENCE N.51046'18"W. FOR _ 3 05 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG TH ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 520.00 FEET (DELTA 10014-40") (CHORD B 'JNG N.46038'58"W.) (CHORD 92.85 FEET) FOR 92.97 FEET TO A POINT OF REVERSE CURVAU . RE ,THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RIDIUS.,OF 800.00 FEET (DELTA 32020'05") (CHORD BEARING N.57°41'41"W.) (CHORD 445.51 FEET) ,F©R 51.48 FEET TO A POINT OF TANGENCY; THENCE N.73051'44"W. FOR 106.00 FEET TO A,,P,04NT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO jTFfE CLEFT WITH A RADIUS OF 401.00 FEET (DELTA 35°48'35") (CHORD BEARING S.88°13'59") FORD 246.56 FEET) FOR 250.62 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN` sOU WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 77,1�,,�1 `FT (DELTA 13°29'49") (CHORD BEARING S.77°04'36"W.) (CHORD 181.20 FEET) FOR 181:6EET TO A POINT OF TANGENCY; THENCE S.83049'30"W. FOR 203.63' FEET TO THE POINT E'OEG14NING. LESS AND EXCEPT TRACT L-16 (LAKE AND DRAINAGE ,EASEMENT), AS SHOWN ON MEDITERRA , SOUTH GOLF COURSE PHASE 4, ACCORDING TO� , K PtAT THEREOF, RECORDED IN PLAT BOOK 37, PAGE 59, PUBLIC RECORDS OF COLLIER COON Y", i FLORIDA. AND LESS AND EXCEPT TO PARCEL 921 A TRACT OR PARCEL OF LAND LYING IN MEDITERRA SOUTH LF COURSE PHASE THREE, RECORDED IN PLAT BOOK 37, PAGES 67 THROUGH 72, COLLIE OCJNTY RECORDS, LYING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COU TY;`TLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS O.LL( WS: COMMENCING AT THE WESTERLY MOST CORNER OF MEDITERRA ARC L 106, AS RECORDED IN PLAT BOOK 36, PAGES 45 AND 46, COLLIER COUNTY RECb, DS, RUN SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID MEDITERRA PACEL 106 ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 500.00 FEET (DEVA 128'11") (CHORD BEARING S30°42'12"E) (CHORD 73.84 FEET) FOR 73.91 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: S12059'28"E FOR 49.89 FEET TO A POINT OF CURVATURE; SOUTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 2,687.00 FEET (DELTA 06°37'41") (CHORD BEARING S17°47'37"E) (CHORD 310.67 FEET) FOR 310.84 FEET TO A POINT OF REVERSE CURVATURE; SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 50.00 FEET (DELTA 53051-47") (CHORD BEARING S05°49'26"W) (CHORD 45.29 FEET) FOR 47.00 FEET TO A POINT OF TANGENCY AND S32°45'19"W FOR 34.29 FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE 1780093v1 OR 4561 PG 921 RIGHT OF RADIUS 630.00 FEET (DELTA 01°49-19") (CHORD BEARING N53°58-28"W) (CHORD 20.03 FEET) FOR 20.03 FEET; THENCE RUN N32045'19"E FOR 33.15 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 30.00 FEET (DELTA 53°51-47") (CHORD BEARING N05°49'26"E) (CHORD 27.18 FEET) FOR 28.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 2,707.00 FEET (DELTA 06°38'01") (CHORD BEARING N17°47'27"W) (CHORD 313.24 FEET) FOR 313.41 FEET TO A POINT OF TANGENCY; THENCE RUN N12059'28"W FOR 24.79 FEET; THENCE RUN S63°31'54 'FO 27.43 FEET TO A POINT OF CURVATURE; THENCE RUN RL SOUTHWESTER AN ARC OF A CURVE TO THE LEFT OF RADIUS 30.00 FEET (DELTA 42-2011"r(C,14OR BEARING S42021-48"W) (CHORD 21.67 FEET) FOR 22.17 FEET TO A POINT OF TAN GEN YTHENCE RUN S21°11-43"W FOR 35.31 FEET TO A POINT OF CURVATURE; THENC UN :SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 45.0E F (DELTA 67019'14") (CHORD BEARING S54°53-48"W) (CHORD 49.95 FEET) FOR 52.94 FETO A POINT OF TANGENCY; THENCE RUN S88°40'03"W FOR 26.81 FEET TO A POINT OF CUR ATURE; THENCE RUN SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THa LEFT OF RADIUS 40.00 FEET (DELTA 55045'03") (CHORD BEARING S60 45 04 W) (CHORD 37.40, FEET) FOR 38.92 FEET TO A POINT OF TANGENCY; THENCE RUN S32052'33"W FOR 48.1. ,FEET; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFTOF; RADIUS 820.00 FEET (DELTA 01°23'51") (CHORD BEARING N56025'31"W) (CHORD M0-O,>FE,&) FOR 20.00 FEET; THENCE RUN N32°52'33"E FOR 47.93 FEET TO A POINT OF CURVRTOE; THENCE RUN NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT P f-,RAblUS 60.00 FEET (DELTA 55045'03") (CHORD BEARING N60045'04"E) (CHORD 56.11 FE;E ) OR 58.38 FEET TO A POINT OF TANGENCY; THENCE RUN N88040'03"E FOR 26.81 F T TC�'XROINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG AN ARC OF A `RV TO THE LEFT OF RADIUS 25.06 FEET (DELTA 67°16-58") (CHORD BEARING N54052'4, fP�HORD 27.76 FEET) FOR 29.43 FEET TO A POINT OF TANGENCY; THENCE RUN N2191,1#' 3" � FOR 35.30 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY'A O11G�AN ARC OF A CURVE TO THE RIGHT OF RADIUS 50.00 FEET (DELTA 42020-11") ( HOR01 EARING N42°21'48"E) (CHORD 36.11 FEET) FOR 36.95 FEET TO A POINT OF TANGENCY THENCE RUN N63031'54"E FOR 52.79 FEET TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON"THE WESTERLY LINE OF MEDITERRA PARCEL 106, RECORDED IN PLAT BOOK 36, PAGES 45 AND" COLLIER COUNTY RECORDS TO BEAR S 12059'28" E. PARCEL #34 A TRACT OR PARCEL OF LAND LYING AND BEING IN SECTION 11, TOW HIV 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 11; THENCES.88041'15"W., A DISTANCE OF 3222.16 FEET; THENCE N.01041'15"W., A DISTANCE OF 1703.62 FEET TO THE POINT OF BEGINNING; SAID POINT LYING ON THE BOUNDARY LINE OF CONSERVATION EASEMENT #2, AS RECORDED IN OFFICIAL RECORDS BOOK 2685, PAGE 2252, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) CALLS: (1) THENCE WITH A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1020.00 FEET, A CENTRAL ANGLE OF 2000-14" AND A CHORD BEARING AND DISTANCE OF N.18°17-10"E., 35.67 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 35.68 FEET; (2) THENCE N.17°17'02"W., A DISTANCE OF 219.83 FEET TO (3) A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 880.00 FEET, A CENTRAL ANGLE OF 11051'37" AND A CHORD BEARING AND DISTANCE OF N.23012'50"W., 181.84 FEET; THENCE 1780093vl 9 *** OR 4561 PG 922 *** ALONG THE ARC OF SAID CURVE A DISTANCE OF 182.16 FEET; (4) THENCE N.29°08'38"W., A DISTANCE OF 113.77 FEET; THENCE N.60018'54"W., A DISTANCE OF 20.00 FEETTO A POINT ON THE WEST RIGHT OF WAY LINE OF CORSO MEDITERRA CIRCLE, AS SHOWN ON MEDITERRA SOUTH GOLF COURSE PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING FOUR (4) CALLS: (1) THENCE S.29°08'38"E., A DISTANCE OF 113.96 FEET TO (2) A POINT OF CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 900.00 FEET, A CENTRAL ANGLE OF 11°51'37" AND A CHORD BEARING AND DISTANCE OF,.2,°1 '50"E., 185.97 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 186FEET; (3) THENCE S.17°17'02"E., 219.83 FEET TO (4) A POINT OF CURVATURE COtQCPVEN RTHWESTERLY, HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 1°46'37," AND' & CHORD BEARING AND DISTANCE OF S.18°10'21"E., 31.01 FEET; THENCE ALONG THE OIF.SAID CURVE A DISTANCE OF 31.01 FEET; THENCE S.59°30'13"W., A DISTANCE OF 20.40 FEET T6HE POINT OF BEGINNING. PARCEL #37 A TRACT OR PARCEL OF LAN BEING A PORTION OF TRACT "GC-1 B" OF MEDITERRA SOUTH GOLF COURSE PHASE ONE, REDO bED IN PLAT BOOK 37, PAGES 52 THROUGH 58, COLLIER COUNTY RECORDS, LYING IN SE TIOf 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT. �OR,'PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORN OF, SAID TRACT "GC-1 B" ALSO BEING THE SOUTHEAST CORNER OF THE RECORD AT OF MEDITERRA PARCEL 100, AS RECORDED IN PLAT BOOK 34, PAGES 1 T OU H,,.,2, COLLIER COUNTY RECORDS RUN S 20057'25" E ALONG THE EASTERLY LINE O.F D` RACT "GC-1 B" FOR 148.90 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHRLY ALONG SAID EASTERLY LINE ALONG AN ARC OF A CURVE TO THE RIGHT Of-� �?iU 558.00 FEET (DELTA 10°54'24") (CHORD BEARINGS 15°30'13" E) (CHORD 106.06 FEET)`F 106.22 FEET; THENCE RUN S 85016'11" W ALONG A NON -TANGENT LINE FOR 51.88 ET.,TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID TRACT "GC-1B"; THE RUIN ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: N 22028'59"'W,FOR,75.45 FEET; N 11°50'16" W FOR 58.14 FEET; N 27°59'47" W FOR 38.73 FEET AND - jae94'51" W FOR 72.02 FEET; THENCE RUN N 06016'45" E FOR 20.99 FEET TO AN elNG- RSECTION WITH THE NORTHERLY LINE OF SAID TRACT "GC-1B", SAID POINT ON A NON -TANGENT CURVE; THENCE RUN ALONG SAID NORTHERLY LINE THE FOLLOWING TWO COURSES: EASTERLY ALONG AN ARC OF A NON -TANGENT CURVE TO TH 1,RF f OF RADIUS 55.00 FEET (DELTA 09°35'31") (CHORD BEARING N 73-50-20" E) (CHOP 9 Q FEET) FOR 9.21 FEET TO A POINT OF TANGENCY AND N 69002'35" E FOR 89.70 FEE TO)THE POINT OF BEGINNING. CONTAINING 0.37 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE SOUTHERLY LINE OF TRACT "B" AS SHOWN ON THE RECORD PLAT OF "MEDITERRA PARCEL 100" RECORDE:"7N"iILAT BOOK 34 PAGES 1 THROUGH 2, COLLIER COUNTY RECORDS TO BEAR N 69°02'35" E. 1780093v1 10 COVIer Count Growth Management Department September 8, 2022 Morris-Depew Associates, Inc. 2914 Cleveland Avenue Ft. Myers, FL 33901 EMAIL - permitting@m-da.com RE: Plans & Plat Construction PL20220004544 Mediterra (PPL) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted. Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annis.moxam@colliercountyfl.gov Phone #: (239) 252-5519 Correction Comment 1: Plat, Construction and Landscape Plans all should have the same name. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 Correction Comment 1: Miscellaneous Corrections: All easements on the title work must be listed or shown on the plat, per section 177.091(16), Florida Statutes. Please note reviewer was unable to locate title exception nos. i, vi, and vii. Please resolve accordingly. Correction Comment 2: Miscellaneous Corrections: Please use one consistent tense of the verbs throughout the dedication paragraphs (dedicated vs dedicates; reserves). Correction Comment 3: Miscellaneous Corrections: Please add the CDD to the "in witness whereof' paragraph at the end of the dedication. Correction Comment 4: Miscellaneous Corrections: Please add an additional acknowledgement block for the CDD execution. Correction Comment 5: Miscellaneous Corrections: Please utilize form template language provided by the LDC and/or Public Utilities Division for the CUE dedication language. Correction Comment 6: Miscellaneous Corrections: Please add County Attorney Review to the County Approvals section of the plat (for Derek D. Perry, Assistant County Attorney). Correction Comment 7: Miscellaneous Corrections: Please confirm whether applicant must name the roadway that is Tract "R-2". Correction Comment 8: Miscellaneous Corrections: Please number the notes and include PUD (Ord. No. 01-61, as amended, the Mediterra PUD, and CDD ordinance (title exception no. v) information as the note, as well the covenants found in exemption no. iii on the title report. Correction Comment 9: Miscellaneous Corrections: Please ensure the plat is signed and sealed. Rejected Review: Engineering Stormwater Review Reviewed By: Brett Rosenblum Email: brett.rosenblum@colliercountyfl.gov Phone #: (239) 252-2905 Correction Comment 1: Rev 1 - On sheet GI-002, under Symbols and Abbreviations, remove reference to indices 001 and 002 as they are not part of the current FDOT Index. In addition, under Miscellaneous Symbols, revise the curb ramp Index reference from 304 to 522-002 per current FDOT standards. Correction Comment 2: Rev 1 - On sheet GI-003, revise all FDOT Index references to current FY 2022-23 standards. Correction Comment 3: Rev 1 - On all plan sheets label the internal roadways as private. Label Veterans Memorial Blvd as Public. Provide a note on the plans that a County "Permit to Perform Work and/or Maintenance in Public Right -of -Way" is required for work within the roadway ROW on Veterans Memorial Blvd. In the response letter please indicate where this note can be found in the plans. Correction Comment 4: Rev 1 - On sheet CW-501, in Detail B, remove reference to FDOT Index #106 as that Index is no longer part of current FDOT standards. In addition, revise Index 515 to Index 330-001 per current FDOT standards. Correction Comment 5: Rev 1 - On sheet CS-501, revise FDOT Index 304 to Index 522-002 per current FDOT standards. Correction Comment 6: Rev 1 - For the type 9 inlets, specify the grate type to ensure runoff can be received from both directions. Correction Comment 7: Rev 1 - Per FDOT Index 711-001, label crosswalks as 12-inch white stripes, depict the stop bars 4' min. from crosswalk striping, label widths of crosswalks to the inside of the 12" stripes and make wider than the adjacent sidewalks. Correction Comment 8: Rev 1 - On sheet CG-101, label the lengths of the storm sewer pipes. Correction Comment 9: Rev 1 - Please provide the following Note on Plans. NOTE: "The approval of these construction plans does not authorize construction of required improvements which are inconsistent with easement of record." In the response letter please indicate where this note can be found in the plans. Correction Comment 10: Rev 1 - Provide a note stating which entity is responsible for maintenance of water management facilities and infrastructure. In the response letter please indicate where this note can be found in the plans. Correction Comment 11: Rev 1 - Extend the onsite sidewalk south to the Veterans Memorial Blvd right-of-way line. This will allow the future roadway widening project to connect to the onsite sidewalk. Revise the plans and plat as applicable. Correction Comment 12: Rev 1 - Provide a signed and sealed engineering report based on the additional impervious area, similar to that provided under SFWMD ERP application 220712-35139. Correction Comment 13: Rev 1 - The demolition is missing from the onsite total site construction cost. In addition, the demolition is missing from the offsite project cost summary. Based on review comments and subsequent plan revisions, provide a revised signed and sealed cost estimates and additional review fees as applicable. Rejected Review: Engineering Subdivision Review Reviewed By: David Anthony Email: david.anthony@colliercountyfl.gov Phone #: (239) 252-2497 Correction Comment 1: Provide the plat easement approval letters from the dry utility providers. Correction Comment 2: Replace Dedication 4 with the following: A. THAT ALL COUNTY UTILITY EASEMENTS (C.U.E.) FOR POTABLE WATER, NON - POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTIONS(S) THEREOF AND INGRESS AND EGRESS RIGHTS, WHERE APPROPRIATE, ARE PROVIDED TO THE COLLIER COUNTY WATER -SEWER DISTRICT TO OPERATE AND MAINTAIN POTABLE WATER, NON -POTABLE IRRIGATION WATER AND/OR WASTEWATER UTILITY SYSTEMS OR PORTION(S) THEREOF WITHIN THE PLATTED AREA AFTER FINAL CONVEYANCE TO THE CCWSD AND, WHERE APPLICABLE, TO INSTALL THE CCWSD'S CONNECTING UTILITY FACILITIES WITHIN SUCH EASEMENT(S), WITH NO RESPONSIBILITY FOR MAINTENANCE OF THE SURFACE EASEMENT AREA; AND B. APPLICABLE POTABLE WATER, NON -POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTION(S) THEREOF CONSTRUCTED WITHIN THIS PLATTED AREA IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE (2004- 41), AS AMENDED, SHALL BE CONVEYED TO THE BOARD AS THE EX-OFFICIO GOVERNING BOARD OF THE WATER -SEWER DISTRICT UPON ACCEPTANCE OF THE ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS REQUIRED BY THE PLAT. Correction Comment 3: Remove Dedication S.B. Correction Comment 4: Revise Dedication 7 to reflect the updated PUE language in Chapter 177.091(28), F.S. Correction Comment 5: The Dedication states the owner of the described lands as Long Bay Partners, LLC, and Mediterra South Community Development District. The signatories of the IN WITNESS THEREOF is Bonita Bay Properties, Inc., and Mediterra South Community Development District. The Title Opinion lists the owner of these lands as the Mediterra Community Association, Inc. Please revise. Correction Comment 6: Add a street name to Plat. Correction Comment 7: Plat Map Location Map should be black ink only. Correction Comment 8: Please provide photometrics at the ROW line for the new connection. Provide a signed/sealed lighting plan and a revised OPC that includes lighting. Correction Comment 9: Plat County Commission Approval Block should state "...IN A REGULAR OPEN MEETING..." Correction Comment 10: Add a General Note for the recording information of the Restrictive Covenants which affect this plat. Correction Comment 11: There is a Drainage Utility and a Utility Easement in the Title Opinion which is not reflected on the plat. Correction Comment 12: Dedicate the 10' LME on the north end of Tract Q-1 with and without responsibility for maintenance. Correction Comment 13: Construction Plans show the asphalt being done in two lifts. The OPC should reflect this. Correction Comment 14: Offsite OPC shows 4" thick sidewalk, but the Construction Plans show 6". Please revise. Rejected Review: Engineering Surveyor Review Reviewed By: Marcus Berman Email: marcus.berman@colliercountyfl.gov Phone #: (239) 252-6885 Correction Comment 1: Shtl: Please remove the color from the location map and make all text legible and no text less than 0.10' of an inch in height. Shtl: Under the word dedication, please show "State of Florida" first. Shtl: In the first paragraph under the dedication, second sentence, add an "s" to the word "owner", add a colon after the word hereby and remove the rest. Shtl: Dedication 1.B., revise the first word "the" to "to". Shtl: Dedication 1.C., revise the second word "on" to "of'. Shtl: Dedication 4.A., please add a period to (C.U.E.) Shtl: Dedication 5.C., please remove the word "Collier" and add (C.U.E.) after the word easements. Shtl: Dedication 6, please revise to "North Collier Fire Control & Rescue District" Shtl: Dedication 7 should read per Chapter 177.091(28). All platted Public Utility Easements (P.U.E.) shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. Shtl: In the signature area, please change the "In witness whereof' paragraph to "In Witness Whereof, The Undersigned Owners has caused these presents to be signed this Day of 12022. A.D. Shtl: Please add an acknowledgement for Long Bay Partners or Bonita Bay Properties. One for each owner. Shtl: You have Long Bay Partners and Mediterra South CDD in the beginning paragraph as owners and Bonita Bay Properties and CDD in the signature area. Is this correct? Shtl: Please add A.D. after all dates. Shtl: The County Commission Approval block should read "Regular Open Meeting". Shtl: Please add the following County Attorney Approval block, COUNTY ATTORNEY THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS DAY OF , 2022, A.D. DEREK D. PERRY ASSISTANT COUNTY ATTORNEY Shtl: Please make all the underline blanks, one single line. There are some thick lines or doubled up lines in this sheet. Please fix. Shtl: Note #2, please change the word "Orientation" to "Bearings are ....... Shtl: For future reference, many of the above comments could have been copied by reviewing the latest recorded plat in the Collier County public records. Shtl: All Plats submitted for review are to be signed and sealed by the submitting Surveyor and Mapper whether preliminary or final. Correction Comment 2: Sht2: Informational note: You might need to give Tract R-2 a street name. Our addressing Dept will comment on this. Sht2: Please dash the centerline of Tract R-2. Sht2: 1) Please dash the PUE & TUE at the west end of Cortona Lane and Felicita Court that is within the plat boundary. 2) Should the north -south 15' PUE be also labeled as a TUE? Or does the TUE just stop at the 15' PUE line. Sht2: Please add the symbols at each end of L5 in the SW corner of the plat to the legend. Sht2&3: In the Standard Symbols Legend, please remove the double dashed line and "= R/W Line" as the right-of-way lines on the plat are supposed to be a solid line. Sht2&3: The data in the curve and line tables do not meet the minimum 0.10' of an inch in height. All letters and numbers must be a minimum of one/tenth of an inch in height. Collier County Administrative Procedures Manual, Chapter 5, page 162. Sht2&3: Please change the definition of CUE in the standard abbreviations to County Utility Easement. Correction Comment 3: Sht3: Please add the missing dimensions in the S.W.E. and C.U.E. or anywhere else in Tract Q-2. Sht3: Please fix the PCP symbol at the north end of the centerline of Tract R-2. Sht3: Tract R-2, please remove the centerline and south right-of-way annotation arrows. You would only need arrows if you're trying to define differences between many lines. Sht3: In details B, C & D, please remove the (??' R/W) note from Livingston Road and also label the 15' PUE. Correction Comment 4: Specific Purpose Survey: The application and Chapter 177.041(1) requires a Boundary Survey be submitted. The survey submitted is also missing a legend defining symbols. Rejected Review: Engineering Utilities Review Reviewed By: Joanna Nicholson Email: Joanna.Nicholson@CollierCountyFL.Gov Phone #: (239) 252-2538 Correction Comment 1: Rev 1 - Please add the OR Book and PG for the existing CUE over Celebrita Court and the roundabout. OR BOOK 3734 PG 484. Correction Comment 2: Rev 1 - UO 7.7.2 — Note on the plans that "all costs and expenses of any and all repairs, replacements, maintenance and restorations of aboveground improvements permitted within a CUE shall be the sole financial responsibility of the grantor, its successors or assigns." Note in the response letter where this note can be found. Rejected Review: Fire Review Reviewed By: Daniel Zunzunegui Email: Daniel.Zunzunegui@colliercountyfl.gov Phone #: (239) 252-2310 Correction Comment 1: Fire routing exhibit Please provide a vehicle tracking exhibit for fire apparatus in color, on its own dedicate page, enlarged, such that staff can make clear distinction between curbing, tire path, and swept path. Plan should be depicted clear and decipherable The turning radii throughout a fire access lane serving a building is required to be 25-feet inside and 49-feet outside and the turning radii shall be 25-feet inside and 45-feet outside for fire access lanes within large parking lots in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 15-04. Fire Department access roads shall have an unobstructed width of not less than 20-feet. FFPC 7th ed. 1: 18.2.3.5.1.1 For the Vehicle Tracking Software please use the following specifications for Ladder 48; our largest apparatus. Pierce Quantum 105' Aerial Truck: Overall Length - 42'6" Axle Track - 82.92 in. Wheel Base - 255.25 in. Chassis Overhang - 82.44 in. Front Overhang - 101.44 in. Parameters: Inside Cramp Angle: 45.00 ° Axle Track: 82.92 in. Wheel Offset: 4.68 in. Tread Width: 16.60 in. Chassis Overhang: 82.44 in. Additional Bumper Depth: 19.00 in. Front Overhang: 101.44 in. Wheelbase: 255.25 in. Calculated Turning Radii: Inside Turn: 20 ft. 2 in. Curb to Curb: 36 ft. 5 in. Wall to Wall: 41 ft. 9 in. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone #: (239) 252-2475 Correction Comment 1: Please create a separate layer for the plantings that are shown in the right of way and turn that layer off for this PPL submittal. Plantings in the right of way should only be shown on the plans submitted for the right of way permit. Correction Comment 2: Please provide a scale for the proposed change to code min. plan. Correction Comment 3: It appears that there is more than 30' between the existing Hong Kong orchids on the East side of the drive and the drive. Please add trees as necessary to fill the gap between the existing trees on the proposed change plan and the drive. Please also include any trees needed to meet the buffer requirement in the OPC and submit additional review/inspection fees as necessary. Correction Comment 4: Since the plan limits extend to Livingston Road, please extend the view of the proposed plan change to the East as necessary to show the existing trees and confirm that the maximum allowed 30' spacing between buffer trees is not exceed through the remainder of the plat limits extending to Livingston Rd and along Livingston Road within the plat limits. Correction Comment 5: The NO shrubs don't appear to be labeled on sheets LP-101 and LP 102 but these appear to be providing for the requirement of a single row hedge on the street side of the wall. Please label and spec these at min. 24" high. Correction Comment 6: If the intent for irrigation is to tie into existing, there is no need to provide irrigation plans. Just put a note on the landscape plans that the existing irrigation will be retrofitted as necessary to provide 100% coverage and separation of low and high-water use zones. Plans indicate that the code required plantings are located within existing irrigation zones so it appears that the irrigation plans can be removed from this application. Irrigation for the plantings in the right of way should only be shown on the plans submitted for the right of way permit. Rejected Review: Transportation Pathways Review Reviewed By: Alicia Humphries Email: Alicia.Humphries@colliercountyfl.gov Phone #: (239) 252-2326 Correction Comment 1: The proposed crosswalk adjacent to the roundabout shall be revised to special emphasis crosswalk marking. Correction Comment 2: Sheet CI-003, Signage & Pavement Marking notes A & B reference an out-of-date version of the FDOT Standard Plans. Please revise to reference the most current version. Correction Comment 3: Please provide a detail for the proposed crosswalk striping. Rejected Review: Transportation Planning Review Reviewed By: Cecilia Varga Email: Cecilia.Varga@colliercountyfl.gov Phone #: (239) 252-2613 Correction Comment 1: 08/29/2022 Comment: CC PROPOSED IMPROVEMENTS — sheet CW-101 (6 of 12), depict signing and pavement markings associated with CC proposed improvements, such that staff can evaluate the two-line works, site's proposed fit against CC proposed improvements. Correction Comment 2: 08/29/2022 Comment: LANDSCAPE MAINTENANCE AGREEMENT — please acknowledge that the developer is aware of Landscape Maintenance Agreement being required for the proposed improvements in the public roadway ROW, including the brick paver hardscape. Correction Comment 3: 08/29/2022 Comment: STREET LIGHTING — it is currently unclear if the access point will be light, as either part of CC improvements or Mediterra improvements. If the case of the access point not being lit, please consider providing yellow retroflected painting on the median nose curbing amended by a MUTCD W6-1 "divided highway" sign. These measures will aid with visual guidance for entering vehicular traffic. Correction Comment 4: 08/29/2022 Comment: BRICK PAVER DETAIL "H" — sheet CS-501, (9 of 12), please label the sand setting bed as "1" sand setting bed" and depict the concrete retainers, as Type-F curbing, per ROW Standards, Detail Sheet 23 of 26. Correction Comment 5: 08/29/2022 Comment: ON -SITE ROUND ABOUT DESIGN — sheet CS-101, (8 of 12), since the previously compliant round about design, more specifically Celebrita approach splitter island getting shortened from a compliant 50' length to a non-FDOT-compliant 33' length, while adding an intersection conflict (at Celebrita Ct.), provide pavement markings to extend the leg approach median more toward the intersection, extending the gate island, and assign priority movements between the entering site traffic, possibly turning east on Celebrita Ct. and the site exiting traffic. Correction Comment 6: 08/29/2022 Comment: SIGHT DISTANCE TRIANGLES — landscape plans, sheet LP-100, (1 of 19), depict the sight distance triangles revised based on the vehicle stopped at the stop bar, not on the pedestrian crosswalk, thus depicting the pedestrian sidewalk incorporated in the sight distance triangles. Correction Comment 7: 08/29/2022 Comment: GATES TYPE (LABELING) — landscape plans and construction plans, amend gate type label to state that gates are equipped with EVAC. Correction Comment 8: 08/29/2022 Comment: FIRE ROUTING EXHIBIT — provide fire routing exhibit, using distinct colors for tire vs. carriage paths, based on the North Fire Collier Rescue Ladder 48 apparatus. Please refers to the following: • Provide swept path diagrams for the design vehicle for all turning movements. Develop travel paths using continuous smooth spline curve alignments representative of travel paths experienced in the field. • Provide a minimum 1.5-foot offset from the face of curb to the design vehicle's tire track. • The swept path design vehicle is required to stay within the travel lane and is prohibited from encroaching on the outside gutter pan. • The truck trailer is allowed to cross over the inside curbing (verify and label Type -RA curbing) and mount the truck apron. (Jan. 1, 2022, FDM, Section 213.7.1, Modern Roundabouts/Design Vehicle Accommodation) Rejected Review: Zoning Review Reviewed By: Mark Morton Email: Mark.Morton@colliercountyfl.gov Phone #: (239) 252-2361 Correction Comment 1: Coversheet - this is a standalone PPL, therefore please remove PPL number reference. Rejected Review: GIS Review Reviewed By: William Fowler Email: William.Fowler@colliercountyfl.gov Phone #: (239) 252-2568 Correction Comment 1: Please provide a digital drawing file in State Plane NAD 83 feet Florida East coordinates. A DWG or DXF copy of the Final Subdivision Plat is a required submittal item for this petition; Please e-mail to CAD-Submittals@colliercountyfl.gov The ollowing comments are informational and/or may include stipulations: • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. • Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re - submittal must be made within 270 days of this letter. Stipulations: • Provide approved SFWMD ERP permit or modification prior to the preconstruction meeting. Stipulations: • A separate Right of Way permit is required. If you have any questions, please contact me at (239) 252-2905. Sincerely, Brett Rosenblum Principal Project Manager Growth Management Department VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Rodney Chase, Board President 15735 Corso Mediterra Circle Naples, Florida 34110 �b VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Evelyn Follit, Director 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Christine Brewer, Director 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. David Rusate, Director 15735 Corso Mediterra Circle Naples, Florida 34110 0 VIA US CERTIFIED MAIL, RETURN Mr. Charles Yie, Director 15735 Corso Mediterra Circle Naples, Florida 34110 counselors August 11, 2022 8S0 PARK SHORE DRIVE SUITE 201-A NAPLES, FL 34103 239.316.3006 OFFICE 239.307.4839 FACSINI LE 1301,g ILLFIRM.COM VIA US CERTIFIED MAIL, RETURN Mr. Ken Tarr, Board Vice President 15735 Corso Mediterra Circle Naples, Florida 34110 AND VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND Mr. Alan Jaffe, Director 15735 Corso Mediterra Circle Naples, Florida 34110 VIA US CERTIFIED MAIL. RETURN Ms. Elaine Perna, Director 15735 Corso Mediterra Circle Naples, Florida 34110 VIA US CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Leslie Waters, Director 15735 Corso Mediterra Circle Naples, Florida 34110 VIA US CERTIFIED MAIL. RETURN Thomas B. Hart, Esq., Registered Agent 1625 Hendry Street, Third Floor Fort Myers, Florida 33901 RE: STATUTORY OFFER TO PARTICIPATE IN PRESUIT MEDIATION Dear Directors and Officers, As you know, we represent Scott Thompson, Michel Beland and Leon Asadoorian, residing at 16477, 16469, and 16473 Celebrita Court, respectively ("Parcel Owners"), which Parcel Owners are members of the Mediterra Community Association, Inc. (the "Association"). We have completed a cursory review of PL20210003207, PL20220004544 and the proposed amendment to SFWMD ERP 11-01761-P (collectively, the "Proposed Project"). The Parcel Owners, hereby demand that the above -listed individuals, as the responding parties, who serve as directors and officers of the Association, engage in presuit mediation in connection with the following dispute, which is of a type that is subject to presuit mediation: ISSUE #1: The Parcel Owners purchased their homes at the rear of the community and adjacent to the platted landscape buffer easements in reliance on the protections afforded them under, for example, the Mediterra PUD Ord. No. 01-61 (the "PUD"), the Plat of Mediterra Phase Three East, Unit One as recorded in Plat Book 40, Pages 59 through 68 of the Public Records of Collier County, Florida (the "Plat"); and the Declaration of Covenants, Conditions, and Restrictions for Mediterra as recorded in OR 2638, Page 961, et seq., of the Public Records of Collier County, Florida, as amended (the "BCW ). Regarding the PUD, the Proposed Project is located within lands zoned R/O ("Recreation and Open Space District") per the PUD's Exhibit "A" Master Plan, and the construction of a new permanent east entry road and gate per the Proposed Project is not a permitted use and structure under this zoning designation. In fact, the PUD only permits "temporary construction access roads" in this zoning designation. Our clients purchased their homes in reliance on the protections afforded them under the PUD in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat. Further, per SFWMD ERP 11-01761- P, the Association's proposed PUD amendment would increase the impervious area (and resulting stormwater discharges) occurring in the PUD sub -basin DA10 from about 12.4 acres to close to 13 acres. As such, Section 10.02.13.E.1.g., of the Collier County Land Development Code requires a formal PUD Amendment, not the insubstantial amendment to the PUD as improperly filed by the Association. As you are or should be aware, the Proposed Project adversely affects the Parcel Owner's property values and undermines the consideration they paid in purchasing homes at the rear of the community and adjacent to the platted landscape buffer easements pursuant to the PUD Master Plan. ISSUE #2: Regarding the Plat, the Proposed Project improperly seeks to impair and infringe upon easement rights created pursuant to the Plat and ECR, which easement rights related to the Plat include landscape buffer easements (all of Tracts L and Q per the Plat as dedicated to the Association) and sidewalk easements. Our clients purchased their homes in reliance on express and implied easement rights created by the Plat and ECR, which easement rights are hereby asserted and prohibit incompatible uses of the easement areas by the Association in connection with the Proposed Project. ISSUE#3: Regarding the ECR, the Proposed Project improvements diminish or destroy portions of the Tracts L and Q landscape buffer (per the Plat), and such Proposed Project areas will not be maintained in their natural open condition as required by the ECR. Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project, as follows: "12.4. Open Space and Buffers. Any property conveyed or dedicated to the Association, which is designated as open space, landscape buffer, preserve area, or Common Area on any plat, permit, or other document recorded in the Public Records, shall be owned and maintained by the Association in a natural open condition. The Association or any subsequent owner shall not do anything that diminishes or destroys the open space, buffers, preserve area or Conservation Areas, and such areas shall not be developed for any purpose except that which improves or promotes the use and enjoyment of such areas as open space." Our clients purchased their homes in reliance on the protections afforded them by the ECR in buying at the rear of the community, adjacent to lands zoned R/O and configured as a landscape buffer on the Plat, and Section 12.4 of the ECR expressly prohibits the Association from proceeding with the Proposed Project. Pursuant to section 720.311, Florida Statutes, this demand to resolve the dispute through presuit mediation is required before a lawsuit can be filed concerning the dispute. Pursuant to the statute,, the parties are required to engage in presuit mediation with a neutral third -parry mediator in order to attempt to resolve this dispute without court action, and the aggrieved party demands that you likewise agree to this process. If you fail to participate in the mediation process, suit may be brought against you without further warning. The process of mediation involves a supervised negotiation process in which a trained, neutral third -party mediator meets with both parties and assists them in exploring possible opportunities for resolving part or all of the dispute. By agreeing to participate in presuit mediation, you are not bound in any way to change your position. Furthermore, the mediator has no authority to make any decisions in this matter or to determine who is right or wrong and merely acts as a facilitator to ensure that each party understands the position of the other party and that all options for reasonable settlement are fully explored. If an agreement is reached, it shall be reduced to writing and becomes a binding and enforceable commitment of the parties. A resolution of one or more disputes in this fashion avoids the need to litigate these issues in court. The failure to reach an agreement, or the failure of a party to participate in the process, results in the mediator declaring an impasse in the mediation, after which the aggrieved party may proceed to court on all outstanding, unsettled disputes. If you have failed or refused to participate in the entire mediation process, you will not be entitled to recover attorney's fees, even if you prevail. The aggrieved party has selected and hereby lists four certified mediators who we believe to be neutral and qualified to mediate the dispute. You have the right to select any one of these mediators. The fact that one parry may be familiar with one or more of the listed mediators does not mean that the mediator cannot act as a neutral and impartial facilitator. Any mediator who cannot act in this capacity is required ethically to decline to accept engagement. The mediators that we suggest, and their current hourly rates, are as follows: 1. Robin Doyle 5150 North Tamiami Trail, Suite 303 Naples, Florida 34103 239.213.0033 ($2,400 half day, $4,000 full day, Additional time at $500 hour with fees shared) 2. Larry Pivacek 2262 Royal Lane Naples, Florida 34112 239.325.1088 Hourly rate: $125.00 per party/per hour 3. William J. Hazzard 4355 Butterfly Orchid Lane Naples, Florida 34119 239.298.5213 Hourly rate: $450.00 (3 hour minimum) 4. James L. Nulman 15880 Summerlin Road, Suite 300- PUB 146 Fort Myers, Florida 33908 239.433.3539 Hourly rate: $300 per party/per hour You may contact the offices of these mediators to confirm that the listed mediators will be neutral and will not show any favoritism toward either parry. The Florida Supreme Court can provide you a list of certified mediators. Unless otherwise agreed by the parties, section 720.311(2)(b), Florida Statutes, requires that the parties share the costs of presuit mediation equally, including the fee charged by the mediator. An average mediation may require three to four hours of the mediator's time, including some preparation time, and the parties would need to share equally the mediator's fees as well as their own attorney's fees if they choose to employ an attorney in connection with the mediation. However, use of an attorney is not required and is at the option of each party. The mediators may require the advance payment of some or all of the anticipated fees. The aggrieved party hereby agrees to pay or prepay one-half of the mediator's estimated fees and to forward this amount or such other reasonable advance deposits as the mediator requires for this purpose. Any funds deposited will be returned to you if these are in excess of your share of the fees incurred. To begin your participation in presuit mediation to try to resolve the dispute and avoid further legal action, please sign below and clearly indicate which mediator is acceptable to you. We will then ask the mediator to schedule a mutually convenient time and place for the mediation conference to be held. The mediation conference must be held within ninety (90) days of this date, unless extended by mutual written agreement. In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or prepay to the mediator one-half of the costs involved, the aggrieved party will be authorized to proceed with the filing of a lawsuit against you without further notice and may seek an award of attorney's fees or costs incurred in attempting to obtain mediation. Therefore, please give this matter your immediate attention. By law, your response must be mailed by certified mail, return receipt requested, and by first-class mail to the address shown on this demand. DAL:krs cc: Mr. Scott Thompson Mr. Michael Beland Mr. Leon Asadoorian Sincerely, Douglas A. Lewis For The Firm RESPONDING PARTIES: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO THAT CHOICE. AGREEMENT TO MEDIATE The undersigned hereby agrees to participate in presuit mediation and agrees to attend a mediation conducted by the following mediator or mediators who are listed above as someone who would be acceptable to mediate this dispute: (List acceptable mediator or mediators. Name, address, city, state, zip, telephone number, and hourly rate) 1. 2. 3. 4. I further agree to pay or prepay one-half of the mediator's fees and to forward such advance deposits as the mediator may require for this purpose. Mediterra Community Association, Inc. By: Mr. Rodney Chase, Board President Telephone:_ Meditenra Community Association, Inc Bv: Mr. Ken Tarr, Board Vice President Telephone:_ HEX December 2, 2022 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Merline Forgue From: MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov> Sent: Friday, November 18, 2022 1:49 PM To: Minutes and Records Cc: GMDZoningDivisionAds; Iross@stemicmarine.com; kellyj Subject: HEX Ad Request for 12122 for Rapp Dock and Lifts 52 Southport CV (BD) PL20210002681 Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map.pdf Greetings, M&R, Attached is an Ad Request for PL20210002681 for the December 22"d HEX that needs to run on Friday, December 2, 2022. Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli(a)colliercountvfLgov 239-225i2-7411 Collier County Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. November 17, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022, and furnish proof of publication to the attention of John Kelly, Planner II in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 / lj _ Autho ized Designee signature for HEX Advertising PL20210002681 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. BD-PL20210002681— REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH, TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44, SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (l) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional inforination about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@collict-countyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Beach ay CT ,�i Project Location �N] Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O.#4500212968 November 17, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022, and furnish proof of publication to the attention of John Kelly, Planner II in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20210002681 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. BD-PL20210002681— REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH, TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44, SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 2:31 PM To: Merline Forgue Subject: RE: 02569310 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team * Loca I i Q I • USATO NETWORKY From: Merline Forgue<merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 1:02 PM To: NDN-Legals <legals@naplesnews.com> Subject: 02569310 RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR & VAB Deputy Clerk I Office: 239-252-8411 Fax: 239-252-8408 E-mail: Merline.Foreue@CoIIierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Merline Foraue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:26 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsl RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Attachments: ND-GC10981804-01.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Order Number = GC10981804 Ad Number = ND-GC10981804-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds LocafiQ I *USA NETWORKTODAY mfroimson(q)_localia.com 1 PL20210002681 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Order Number = GC10981804 Ad Number = ND-GC10981804-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I •USA NE WORKY mfroimson(a-) local ig.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, November 29, 2022 3:59 PM To: Merline Forgue; RodriguezWanda; kellyj; GMDZoningDivisionAds Cc: Minutes and Records; MiceliSuzanne Subject: RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsl RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 Attachments: RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsl RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681; RE: Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsl RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) PL20210002681 We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Co ier County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.youngblood(D-colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:37 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@col lie rcountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981804-01 I Proof Review for Naples Daily News I RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD)PL20210002681 Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localig.com> Sent: Monday, November 28, 2022 8:26 AM To: Merline Forgue <merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981804-01 I Proof Review for Naples Daily Newsy RAPP DOCK AND LIFTS 52 SOUTHPORT CV (BD) NaVjCS4:3a*tjj PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E #700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12/2/2022 Subscribed and sworn to before on DECEMBER 2ND, 2022 Notar 11, Coun y of Brown My commission expires: VICKY FELTY Notary Public State of Wisconsin PUBLICATION COST: $1,008.00 AD No: GC10981804 CUSTOMER NO: S07876 PO#: RAPP DOC & LIFTS S2 SOUTHPORT CV PL20210002681 AD SIZE: DISPLAY AD W/ MAP 3X10 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. BD-PL20210002681 — REQUEST FOR A 31.47-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 60 FEET IN WIDTH, TO ALLOW CONSTRUCTION OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 51.47 FEET INTO A WATERWAY THAT IS 480 FEET WIDE. THE SUBJECT PROPERTY IS LOCATED AT 52 SOUTHPORT COVE ALSO KNOWN AS LOT 44, SOUTHPORT ON THE BAY UNIT TWO, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Bonita.. e oot Beach RD Bay CT oo, Project Location �a a� F>a 4 y� O� �+ t CV \ yeti i $aDRz►t e ': All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing ,Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida r+acaoseea-oi HEX December 2, 2022 Mediterra South East Entry - PL20210003207 November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Principal Planner in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING (Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20210003207 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20210003207 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE, CELEBRITA COURT, AND BUONASERA COURT, ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida 'Talis ark D Tr e b'j, Sa A Pr �, o ect AY o Location OF Seneca .� .c W AY Buona-da Veterans M m rial B-LUD Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PL20210003207 - MEDITERRA SOUTH EAST ENTRY Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O.#4500212968 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20210003207 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE, CELEBRITA COURT, AND BUONASERA COURT, ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Principal Planner in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Author zed/Designee signature for HEX Advertising PL20210003207 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20210003207 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE, CELEBRITA COURT, AND BUONASERA COURT, ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been. approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Tre b W A� Sav A ova � WA4010 Y c Veterans ail Talis Park D Project Location Seneca WAY (Buondamera CTf mortal BLVD Merline Forgue From: Merline Forgue Sent: Friday, November 18, 2022 4:57 PM To: Naples Daily News Legals Subject: PL20210003207 - Mediterra South East Entry Attachments: PL20210003207 - Mediterra South East Entry.docx; PL20210003207 - Mediterra South East Entry.pdf; PL20210003207 - Mediterra South East Entry.docx Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (RIO) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Merline Forgue BMR & VAB Deputy Clerk I Office: 239-252-8411 Fax: 239-252-8408 E-mail: Merline.ForRue@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 5:27 PM To: Merline Forgue Subject: RE: 02569849 PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team Loca I i Q I • USATO NETWORKY 844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 3:57 PM To: NDN-Legals <legals@naplesnews.com> Subject: 02569849 PL20210003207 - Mediterra South East Entry Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Mer/ine Forgue BMR & VAB Deputy Clerk I Office: 239-252-8411 Fax: 239-252-8408 E-mail: Merline.Foreue@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC1098181 1 -01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry Attachments: ND-GC1098181 1 -01.pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry Order Number = GC10981811 Ad Number = ND-GC10981811-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds LocafiQ I *NETWORKUSATODAY mfroimson(a_localig.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com 1 Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue Subject: Re: Ad # ND-GC1098181 1 -01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry Attachments: ND-GC10981811-01 (1).pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, Here is the revised proof. Please let me know if you'd like any updates to your ad or if this is approved for publication. Thank you, Marita Froimson Account Coordinator SMB-Classifieds *LocaliQ I OUSA NETWORKTODAY mfroimson(cD local ig.com Mobile: 508.315.382%r Seize your potential at LocaliQ.com From: Merline Forgue<merline.forgue@coliierclerk.com> Sent: Monday, November 28, 2022 4:51 PM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Good afternoon, Please capitalize the entire title. Please send proof for approval when ready. 1 nv II moc yr rvaLi%. r1rJJk 1N%3 Notice is hereby given that a pubic hearing vAl be held by the Collier County Hoeft Exurin r (HEX) at M AM,, Dacwtier 22, 2= in the Hearing Examiner's Meeting Row. at 28W North Horseshoe Onve• Room 6OW610. Naples. FL 34104 to Canaidac Petition No. PDI-PL20210003M - Request for an irrsubstertlisl cirrMge is the master plan of ordinance no. 01-61, as amended, the rnedkena plan- P unit development fix4, to re-establish the access point to veterans manorial boulevard from the roundabout intersection of giardirro tine, celebrita court, and buonasera court, also known as tracts R and Q, Mediterra Phase Three East, Unit One Subdivision, in Section 12, Township 48 South, Range 25 East, Collier County, Florida. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <gan1egpubnotices4@gannett.com> Subject: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry Order Number = GC10981811 Ad Number = ND-GC10981811-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds Merline Forgue From: Merline Forgue Sent: Monday, November 28, 2022 4:S1 PM To: Froimson, Marita' Subject: RE: Ad # ND-GC10981811-01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry Good afternoon, Please capitalize the entire title. Please send proof for approval when ready. Notice is heraby grven drat a put : ' ;anrg will be held by tl-- Collier County Nearing Examiner {HEX) 3- 0:00A.M.. December 22, 2022. n die Hearing Examiner's Mooting Room. at 2a00 North ;r7vC. R,0011 a 51 . "1 p16-.:L 341041c consioer. Petition No. PDI-PI20210003207 - Request for an insubstantial change to the master plan of ordinance no. 01-61. as amended. the Mediterra planned unit development (pud), to re-establish the access point to veterans memorial boulevard from the roundabout intersection of giardino lane, celebrita court. and buonasera court. also known as tracts R and 0, Mediterra Phase Three East. Unit One Subdivision, in Section 12, Township 48 South, Range 25 East, Collier County, Florida. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: PL20210003207 - Mediterra South East Entry Order Number = GC10981811 Ad Number = ND-GC10981811-01 Publication = Naples Daily News Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, November 28, 2022 4:43 PM To: Merline Forgue; RodriguezWanda; SammonSean; GMDZoningDivisionAds Subject: RE: Ad # ND-GC10981811-01 1 Proof Review for Naples Daily Newsl PL20210003207 Mediterra South East Entry Please have NDN capitalize the entire title. Andrew Youngblood, MBA Management Analyst I Zoning Division �1► Co �e-r County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.youngblood(a)-colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:41 AM To: RodriguezWanda <Wanda. Rod riguez@colliercountyfl.gov>; SammonSean <Sean.Sammon@col liercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981811-01 I Proof Review for Naples Daily Newsy PL20210003207 - Mediterra South East Entry Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localig.com> Sent: Monday, November 28, 2022 8:28 AM To: Merline Forgue <merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <Ranlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Merline Forgue From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Sent: Friday, November 18, 2022 4:42 PM To: Minutes and Records Cc: GMDZoningDivisionAds; MiceliSuzanne; SammonSean; bschleifer@m-da.com Subject: HEX Ad request for 12/22 for Mediterra South East Entry - PL20210003207 Attachments: Ad Request.docx; Revised 2 x 3 Ad Map.pdf; Signed Ad Request.pdf Greetings, M&R, Attached is an Ad Request for PL20210003207 for the December 22nd HEX that needs to run on December 2nd Thankyou! Andrew Youngblood, MBA Management Analyst I Zoning Division C;o ieY C O-t4f1ty 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.Youngblood(cD_colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Wednesday, November 30, 2022 8:46 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Re: Ad # ND-GC1098181 1 -01 1 Proof Review for Naples Daily News) PL20210003207 - Mediterra South East Entry External Message: Please use caution when opening attachments, clicking links, or replying to this message. Great - thanks for letting me know. Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I 4USA 0NETWORKTODAY mfroimson(q-)-localig.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Wednesday, November 30, 2022 8:29 AM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry This ad has been approved. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, 1 Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Wednesday, November 30, 2022 8:25 AM To: Merline Forgue; RodriguezWanda; GMDZoningDivisionAds; SammonSean Cc: Minutes and Records; MiceliSuzanne Subject: RE: Ad # ND-GC1098181 1 -01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry Attachments: RE: Ad # ND-GC10981811-01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry; RE: Ad # ND-GC10981811-01 1 Proof Review for Naples Daily Newsl PL20210003207 - Mediterra South East Entry We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Co ier County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.youngblood colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Tuesday, November 29, 2022 8:33 AM To: RodriguezWanda <Wanda. Rod riguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localig.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue<merline.forgue@collie rclerk.com> Subject: Re: Ad # ND-GC10981811-01 I Proof Review for Naples Daily News I PL20210003207 - Mediterra South East Entry Importance: High Naples Bail", yews PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E #700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, In said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12/2/2022 Subscribed and sworn to before on DECEMBER 2ND, 2022 Notary, State of W, County of Brown v My commission expires: liq ] VICKY FELTY Notary Public State of Wisconsin PUBLICATION COST: $1,008.00 AD No: GC10981811 CUSTOMER NO: S07876 PO#: PL20210003207 MEDITERRA SOUTH EAST ENTRY AD SIZE: DISPLAY AD W/ MAP 3X10 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20210003207 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN OF ORDINANCE NO. 01-61, AS AMENDED, THE MEDITERRA PLANNED UNIT DEVELOPMENT (PUD), TO RE-ESTABLISH THE ACCESS POINT TO VETERANS MEMORIAL BOULEVARD FROM THE ROUNDABOUT INTERSECTION OF GIARDINO LANE, CELEBRITA COURT, AND BUONASERA COURT, ALSO KNOWN AS TRACTS R AND Q, MEDITERRA PHASE THREE EAST, UNIT ONE SUBDIVISION, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Tails arty b Y Tr 'tt_W � ~2, K, G qy Project ° Location MD •a .tea � S e n eca a a WAY b Buonawra Veterans M in rcarB-{ VD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Fxaminer. An aggrieved non- party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl. gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Ifyou 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida ND CIMM11.01 11EX December 2, 2022 Mahogany Dr - PL20220003 811 Merline Forgue From: Froimson, Marita <MFroimson@local iq.com> Sent: Wednesday, November 30, 2022 8:46 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Perfect - thanks for letting me know. Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I •NETWORKY mfroimson(a)localiq.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Wednesday, November 30, 2022 8:33 AM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 This ad has been approved. Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High External Message Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, Merline Foraue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Wednesday, November 30, 2022 8:30 AM To: Merline Forgue; GMDZoningDivisionAds; SammonSean Cc: Minutes and Records; MiceliSuzanne Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr- PL20220003811 Attachments: Re: FW: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811; RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811 We have approval from planner and applicant. Andrew Youngblood, MBA Management Analyst I Zoning Division Co per County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.youngblood (a-colIiercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Tuesday, November 29, 2022 8:37 AM To: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. My apologies! @ From: Froimson, Marita <MFroimson@localig.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Tuesday, November 29, 2022 8:31 AM To: Merline Forgue Subject: Re: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr- PL20220003811 Attachments: ND-GC10981799-01 (1).pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline, Here is the revised proof. Please let me know if you'd like any updates to your ad or if this is approved for publication. Thank you, Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I *NETWORKUSATODAY mfroimsonCaD-localig.com Mobile: 508.315.3824 Seize your potential ai LocaliQ.com From: Merline Forgue<merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 4:46 PM To: Froimson, Marita <MFroimson@localiq.com> Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Good afternoon, I have the following correction. Please fix the first lire to read: "PETITION NO. VA-PL20220003811..." ...the "VA" is in the wrong place. Please send a proof when ready. 1 14%J I !4C Vr rV0LIL. riMIA F%114%A Notice is heraby gvan that a public heanr<g w4ll be male by tFe Collier County Hearing Examiner JH09 at 9:00 A.M., Dec4mber 22, 2=, a the Hearrg Examiner's ldaet -g Foam. a- 2800 Norih Horseshoe Drive. F _ m o09i610, Naales, FL 34104 to cons der PETITION NO. PL20220003811 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE: AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K. PINE RIDGE EXTENSION SUBDIVISION. ALSO KNOWN AS 89 MAHOGANY DR, MAPLES. FL 3008 IN SECTION Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue<merline.forgue@coliierclerk.com> Cc: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr - PL20220003811 Order Number = GC10981799 Ad Number = ND-GC10981799-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Maritsa Froimson Account Coordinator SMB-Classifieds Merline Forgue From: Merline Forgue Sent: Monday, November 28, 2022 4:47 PM To: 'Froimson, Marita' Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811 Good afternoon, I have the following correction. Please fix the first line to read: "PETITION NO. VA-PL20220003811..." ...the "VA" is in the wrong place. Please send a proof when ready. IVV 1 It-,C Vr r uDL-m-, 1'ICHr•11mA %otice is haraty g.van t-at a z ohc heaf-g w li De. Hale oy tra Collier County Hearing Examiner;HEX) at 9:00 A.M., December 22, 2022.:r the Hea - •ori. i:2610 Noah Hors -:- Drraa. Pccorn 609/610. Naales r =`r PETITION NO. PL2022D000811 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE: AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7. BLOCK K. PINE RIDGE EXTENSION SUBDIVISION. ALSO KNOWN AS 89 MAHOGANY DR. NAPLES. FL 34108 IN SECTION Thank you! From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr - PL20220003811 Merline Forgue From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Monday, November 28, 2022 4:42 PM To: Merline Forgue; RodriguezWanda; BradleyNancy; SammonSean; GMDZoningDivisionAds Subject: RE: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811 Have them fix the first line to read: "PETITION NO. VA-PL20220003811..." ...the "VA" is in the wrong place. Andrew Youngblood, MBA Management Analyst I Zoning Division Co 7e-r County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.youngblood colliercountyfl.gov From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Monday, November 28, 2022 8:31 AM To: RodriguezWanda <Wanda. Rod riguez@colIiercountyfl.gov>; BradleyNancy <Nancy.Brad ley@colliercountyfl.gov>; SammonSean <Sean.Sammon@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: FW: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News l HEX Ad request for Mahogany Dr - PL20220003811 Importance: High This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ad proof is ready. Thank you! From: Froimson, Marita <MFroimson@localig.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue <merline.forgue@collierclerk.com> Cc: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Subject: Ad # ND-GC10981799-01 I Proof Review for Naples Daily News I HEX Ad request for Mahogany Dr - PL20220003811 Importance: High Merline Forgue From: Froimson, Marita <MFroimson@localiq.com> Sent: Monday, November 28, 2022 8:23 AM To: Merline Forgue Cc: Gannett Legals Public Notices 4 Subject: Ad # ND-GC10981799-01 I Proof Review for Naples Daily Newsl HEX Ad request for Mahogany Dr - PL20220003811 Attachments: ND-GC10981799-01.pdf Importance: High External Message Please use caution when opening attachments, clicking links, or replying to this message. Good morning Merline — I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final deadline for creative approval is Dec. 1st at 3 pm. Order Details: HEX Ad request for Mahogany Dr - PL20220003811 Order Number = GC10981799 Ad Number = ND-GC10981799-01 Publication = Naples Daily News Section = Main Run Dates = 12/2 Ad Size = 3x10 Affidavit = 1 Total Cost=1,008.00 Thank you, Marita Froimson Account Coordinator SMB-Classifieds LocaliQ I *NETWORKUSATODAY mfroimson(a)localia.com Mobile: 508.315.3824 Seize your potential at LocaliQ.com 1 Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 18, 2022 2:30 PM To: Merline Forgue Subject: RE: 02569308 HEX Ad request for Mahogany Dr - PL20220003811 Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team Loca l i Q I • NUSA ETWORKY 844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Friday, November 18, 2022 12:55 PM To: NDN-Legals <legals@naplesnews.com> Subject: 02569308 HEX Ad request for Mahogany Dr - PL20220003811 Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Mer/ine Forgue BMR & VAB Deputy Clerk I Office: 239-252-8411 Fax: 239-252-8408 E-mail: Merline.Foreue@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Merline Forgue From: Merline Forgue Sent: Friday, November 18, 2022 1:55 PM To: Naples Daily News Legals Subject: HEX Ad request for Mahogany Dr - PL20220003811 Attachments: PL20220003811 MAHOGANY DR - (HEX 12-22).docx; Map - HEX Ad request for 12-22 for Mahogany Dr - PL20220003811.pdf; PL20220003811 - Mahogany Dr (HEX 12-22).docx Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Mer/ine Forgue BMR & VAB Deputy Clerk I Office: 239-252-8411 Fax: 239-252-8408 E-mail: Merline.ForgzueCcDCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Acct #323883 November 18, 2022 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: MAHOGANY DR - PL20220003811 (HEX 12/22) Dear Legals: Please advertise the above referenced notice (Display w/MAP) Friday, December 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Ad must be 1/4 (3x10) page and NOT in the classified section, and the headline must be in a type no smaller than 18 points. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O.#4500212968 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Planner III in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 C Authorized6esignee signature for HEX Advertising PL20220003811 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida November 18, 2022 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 2, 2022 and furnish proof of publication to the attention of Sean Sammon, Planner III in the Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500212968 Account Number: 323883 Authorized Designee signature for HEX Advertising PL20220003811 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PL20220003811 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Merline Forgue From: MiceliSuzanne <Suzanne.Miceli@colliercountyfl.gov> Sent: Friday, November 18, 2022 1:19 PM To: Minutes and Records Cc: GMDZoningDivisionAds; SammonSean; mcleanm123@gmail.com Subject: HEX Ad request for 12/22 for Mahogany Dr - PL20220003811 Attachments: Signed Ad Request.pdf, 2 x 3 Ad Map.pdf; Ad Request.docx Greetings, M&R, Attached is an Ad Request for PL20220003811 for the December 22"d HEX that needs to run on Friday, December 2, 2022 Thank you! Suzanne Miceli Operations Analyst I Zoning Division suzanne.miceli@colIiercountLfl ov 239-252-7411 Collier Couvity Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 COLLIER CO HEX 3299 TAMIAMI TRL E #700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12/2/2022 Subscribed and sworn to before on DECEMBER 2ND, 2022 Notary, ate o I, Co ty of Br n My commission expires: 11 (/` 1� �ll VICKY FELTY PUBLICATION COST: $1,008.00 AD No: GC10981799 CUSTOMER NO: 507876 PO#: MAHOGANY DR PL202200003811 AD SIZF• DISPI AY AD W/ MAP 3X10 Notary Public L - — -- I State of Wisconsin NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., December 22, 2022, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. VA-PL20220003811 - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.03 D TO REDUCE THE REQUIRED ACCESSORY SIDE SETBACK FROM 30 FEET TO 22 FEET ON THE WEST PROPERTY LINE; AND A SECOND VARIANCE FROM SECTION 5.03.02 C.2.a TO INCREASE THE REQUIRED MAXIMUM HEIGHT OF A FENCE FROM 6 FEET TO 10 FEET FOR THE PROPOSED TENNIS COURT TO BE LOCATED AT LOT 7, BLOCK K, PINE RIDGE EXTENSION SUBDIVISION, ALSO KNOWN AS 89 MAHOGANY DR, NAPLES, FL 34108 IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Project Location a � y Eu v o a 0 Mahogany R o 0 m � North ST i J 4; Q m y + Center ST a l— C9 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.coiliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP, Chief Hearing Examiner Collier County, Florida