Agenda 04/23/2024 Item #16C 1 (Utility and access easeemnts and a construction bond for the One Naples Ritz Carlton Residences)04/23/2024
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, as Ex-Officio Governing Board of the Collier
County Water-Sewer District, approve and accept utility and access easements and a construction bond in
the amount of $270,058.25 for the One Naples (Ritz Carlton Residences) project. (Application Number
PL20210002432)
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier
County Water-Sewer District, approve and accept utility and access easements and a construction bond for the One
Naples (Ritz Carlton Residences) project to ensure uninterrupted potable water service and wastewater service to
existing customers.
CONSIDERATIONS: On March 1, 2021, the Board of County Commissioners (“Board”) adopted One Naples
Mixed-Use Planned Unit Development (MPUD) Ordinance No. 2021-09, and companion vacation Resolution No.
2021-47.
One Naples MPUD Ordinance Exhibit F.3.B requires “No vertical construction within MU Tract 1 will be allowed
until the permanent replacement easements required by the Petition to Vacate, PL20200000368, are approved by
staff and recorded in the official land records of Collier County. The Developer shall ensure that there is no lapse in
County potable water service and wastewater service to existing customers in the event that potable water and
wastewater infrastructure is required to be relocated or upgraded during construction.”
Additionally, companion vacation Resolution No. 2021-47 reserved temporary easements over the vacated area that
“shall automatically expire upon preliminary acceptance of the new utilities and removal or decommissioning of
any existing utilities in, on, over and under the property described in Exhibit A, pursuant to the Collier County
Standards and Procedures Ordinance 2004-31.” Further, “no vertical construction shall be permitted on MU Tract
1 as designated in the One Naples MPUD document, companion item PL20190000697, until the permanent
replacement County Utility Easement, with access to facilities, is recorded in the Public Records of Collier County,
Florida.”
Developer Vanderbilt Naples Holders, LLC, seeks to establish the satisfaction of conditions, begin vertical
construction, and wishes to offer the contemplated permanent replacement utility and access easements
contemplated by the One Naples MPUD and companion vacation resolution. Acceptance of these easements would
serve to terminate the temporary easements.
As part of the years long construction project, temporary by-pass pumps and a manhole will still need to be utilized
on approximately 1,500 square feet of land that was vacated, but not encompassed by the permanent replacement
easements, to feed a gravity sewer line in the interim and ensure there is no lapse in County potable water service
and wastewater service to existing customers. Therefore, Developer Vanderbilt Naples Holders, LLC is providing
the Water-Sewer District with an additional temporary easement for this area (to be automatically terminated at
time of final acceptance).
Additionally, since the MPUD and companion vacation’s adoption, the Board did away with the preliminary
acceptance process contemplated when it overhauled the utilities acceptance process Ordinance No. 2021-24.
Therefore, to further safeguard the County and as an additional guarantee that there is no lapse in County potable
water service and wastewater service to existing customers, developer Vanderbilt Naples Holders, LLC is
voluntarily offering a construction bond in the amount of $270,058.25 (110% of the cost of all utility
improvements) to cover the utilities system during construction.
County staff is recommending that the Board accept the permanent utility and access easements, temporary utility
easement, and construction bond, satisfying the requisite MPUD and companion vacation resolution commitments
to allow One Naples to begin vertical construction.
16.C.1
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04/23/2024
FISCAL IMPACT: The developer will pay the recording fees of the utility easements and construction bond and
this item has no fiscal impact on the County.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
RECOMMENDATION: The Board of County Commissioners, as Ex-Officio Governing Board of the Collier
County Water-Sewer District approve and accept utility and access easements and a construction bond in the
amount of $270,058.25 for the One Naples (Ritz Carlton Residences) project. (Application Number
PL20210002432)
Prepared by: Drew Cody, Supervisor - Project Management, Public Utilities Engineering and Project
Management Division
ATTACHMENT(S)
1. Proposed AE (PDF)
2. Proposed CUE (PDF)
3. Proposed TCUE (PDF)
4. Performance Bond (PDF)
5. Opinion of Probable Cost (PDF)
6. Ord. 21-09 (PDF)
7. Res. 21-47 Vacation (PDF)
16.C.1
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04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 28375
Item Summary: Recommendation that the Board of County Commissioners, as Ex-Officio Governing Board of
the Collier County Water-Sewer District, approve and accept utility and access easements and a construction bond
in the amount of $270,058.25 for the One Naples (Ritz Carlton Residences) project. (Application Number
PL20210002432)
Meeting Date: 04/23/2024
Prepared by:
Title: – Public Utilities Department
Name: Drew Cody
03/15/2024 4:07 PM
Submitted by:
Title: Director – Engineering and Project Management
Name: Matthew McLean
03/15/2024 4:07 PM
Approved By:
Review:
Wastewater Robert Von Holle PUD Reviewer Completed 03/15/2024 4:12 PM
Development Review Lucia Martin GMCDD Reviewer Completed 03/19/2024 3:34 PM
Water Howard Brogdon PUD Reviewer Completed 03/20/2024 8:43 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 03/29/2024 3:25 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 04/01/2024 11:16 AM
Growth Management Community Development Department Diane Lynch GMCDD Reviewer Completed
04/02/2024 6:03 PM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 04/04/2024 9:24 AM
Unknown Jaime Cook GMCDD Reviewer Completed 04/05/2024 11:11 AM
Zoning Mike Bosi GMCDD Reviewer Completed 04/05/2024 5:08 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 04/08/2024 11:37 AM
Growth Management Community Development Department James C French GMCDD Reviewer Completed
04/09/2024 11:29 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/16/2024 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 10:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 11:03 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
04/16/2024 3:42 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/17/2024 11:00 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/17/2024 2:25 PM
16.C.1
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04/23/2024
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.C.1
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16.C.1.a
Packet Pg. 817 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 818 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 819 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 820 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 821 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 822 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.a
Packet Pg. 823 Attachment: Proposed AE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 824Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 825Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 826Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 827Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 828Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 829Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 830Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 831Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 832Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 833Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 834Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 835Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.bPacket Pg. 836Attachment: Proposed CUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.cPacket Pg. 837Attachment: Proposed TCUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.cPacket Pg. 838Attachment: Proposed TCUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.cPacket Pg. 839Attachment: Proposed TCUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.cPacket Pg. 840Attachment: Proposed TCUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
16.C.1.cPacket Pg. 841Attachment: Proposed TCUE (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
Bond Number: 800169864
Form 2 - Rev. 2004 (Utilities Performance Bond)
I]TII,ITIE S PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
VANDERBILT NAPLES HOLDINGS, LLC, a Florida limited liability company
2639 PROFESSIONAL CIRCLE, SUITE IOI, NAPLES FLORIDA 34119
(hereinafter referred to as "Owner"), and
Atlantic Specialty Insurance Company
605 Highway 169 North
Suite 800
Plymouth, MN 55441
(hereinafter referred to as "Sure[2"), are held and firmly bound unto Collier County, Florida, (hereinafter
called "County"), in the total aggregate penal sum of Two Hundred Forty Five Thousand Five Hundred
Seven Dollars and Fifty Cents ($245,507.50) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or
plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities
System Construction Contract, dated the {day of Iorc\. ,2029ia copy of which is hereto attached
and made a part hereof; and
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development
Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance
and warranty of potable water, non-potable irrigation water and/or wastewater system(s) or portion(s)
thereof constructed within the unincorporated area of Collier County;
NOW, THEREFORE, if the Owner shall rvell, truly and faithfully perform its obligations and duties to the
County under said Land Development Regulations and all the undertakings, covenants, terms, conditions,
and agreements of said contract during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety and during the guaranty period established by
the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the County from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which
Page I of3
16.C.1.d
Packet Pg. 842 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
the County may incur in making good any default, then this obligation shall be void, otherwise to remain
in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to work to bc performed
thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond,
and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, upon amendment to the Contract not
increasing the contract price more than twenty percent (20%), so as to bind the Owner and the Surety to the
full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this
bond, and whether referring to this bond, the Contract or other documents shall include any alteration,
addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
27th daY
VANDERBILT NAPLES HOLDINGS.
Witness I -
./*t i<
LLC, a Florida liab company
'<-./9dr/t-/By
Witness l-PrintName
Z6r? 7c...ttecsot *Z 4'x' J75:' lul Ge Vice President
tU*tz/c< FC t'tlt 7
Witness 1 - Print Address
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witneis r- sts;;ti
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W 2 Print Address
The foregoing Utility Performance Bond me by
physical presence or [ ] online notarization ay of
Gelder, Vice President of VANDERBILT NAPLES LLC, A
liability company, on behalf of the company. He [X] is personally known to me or [ ] has
produced as identification.
lsEALl
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2
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means of [X]
2024, by Keitll
Florida limited
dad r*A SefraGJUDIIH I{ SEATI
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Commission Expires
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16.C.1.d
Packet Pg. 843 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
NOTE: Collier County shall not accept any Letters of Credit that cannot be
@
Kelsv Hoasland
presented in Florida.
Atlantic Specialty Insurance Company
By
Witness l-PrintName
Acrisure
Print Name: Brook T. Smith
Its: Attorney-in-
2307 River Road.KY 40206
W 1 - Print Address
2 - Signature
Witness2-PrintName
Acrisure
2307 River Road. Louisville. KY 40206
Witness 2 - Print Address
The foregoing Utility Performance Bond was acknowledged before me by means of [X]
physical presence or [ ] online notarization this 27th day of February, 2024, by Brook T.
Smith, as Attorney-in-Fact of Atlantic Specialty Insurance Company, on behalf of the company.S/He txl is personally known to me or t I has produced
as identification.
t*s
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Notary Public
Print Name: Susan Ritter
Commission Expires: 31412025
Prepared by:
Francesca Passidomo. Esq.
COLEMAN. YOVANOVICH & KOESTER. P.A.
4001 Tamiami Trail North. Suite 300
Naples. Florida 34103
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16.C.1.d
Packet Pg. 844 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTUEL WAGERING
2601 Blair Stone Road
Tallahassee, FL 32399-1037
SMITH, BROOK T
2307 RIVER ROAD. SUITE 2OO
LOUISVILLE, KY 40206
FILE NUMBER 36219
AMOUNT PAID T/O.OO
lNlTiAL PIN 9.t48
APPROVAL DATE 1U1512021
Lrc No. 2013747 12,15n021
PMW PROFESSIONAL INDIVIDUAL
occuPAT|oNAL (1021)
SMITH, BROOK T
IS LICENSED UNDER THE PROVISIONS OF CH. 550 F.S.
ExPlRArloN oare: JUNE
DETACH HERE
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REGUI-ATION
30,?0u
16.C.1.d
Packet Pg. 845 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
[intact]Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPAI\TY, a New YorK corporation with its principa] office in Plymouth,
Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.
Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its
under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in
the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed
with the Company seal. This Power of Attomey is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in-
Fact.
Resolved: Thar the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and aII other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,
undenaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
By /n*fu
STATE OF MINNESOTA
HENNEPIN COUNTY
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individua-l and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
1
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby cenify that the foregoing power of attorney is in full
force and has not been and the forth above are now in force.
Signed and sealed.{^day of
This Power of Attorney expires
January 31, 2025
Kara Barrow, Secretary
Please direct bond verifications to surctyr4)intactinsurance.com
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16.C.1.d
Packet Pg. 846 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
GENERAL PURPOSE RIDER
To bo attached to and form part of Bond Number 800169864 effective 2127124
issued by the Atlantic SoecialW Insurance
in the amount d 245,507.50 DOLLARS'
on behalf of Vanderbilt Naples LLC
as Principal and in fevor of Collier nW
as Obligee:
Now, Therefore, it is agreed that:
This rider will increase the bond amount as follows
Current Bond Amount
New Bond Amount:
$246,507.50
$270,058.25
Utilities Performance Bond
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the 5th March 2024day of
day of MarchSigned, sealed and dated this 5th
Vanderbilt Naoles Hcldinos, LLC (Principal)
Accepted By:
Collier CounW
I
By:By:
Brook T. Smith Attorney-in-Facl
Fom F53,10
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16.C.1.d
Packet Pg. 847 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
[intu.t]Power of Attorney
KNow ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New YoTK COTPOTATiON With its PTiNCiPAI OffiCC iN PIYMOUIh,
Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S'
Neichter, Michele D. Lacrosse, eachindividually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its
under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in
the nature thereof in pursuance of these presents, shall be as binding upon said company as if they had been fully signed by an authorized officer of the company and sealed
with the company r"il. thi, power of Attomey is made and e*ecried by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the president, any Senior Vice President or Vice-President (each an "Authorized officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contrac6 of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized officer may appoint and authorize in Attorney-in-Fact to execure on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the euthorized officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact.
Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, conrracts of indemnity, and aliother wriiings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall
be ai binding upon the Company as if signed and sealed Uy an euthorizea officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to Uonas, ...ognirun.ur, contracts of indemnity, and all other writings obligatory in the nature thereof'
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any powei of attomey or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or oth;r written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the origiiral sig-nature of such officer and the-original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN MTNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPAI{Y has caused these presents to be signed by an Authorized officer and the seal of the company
to be affixed this twenty-seventh day of April, 2020.
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STATE OF MINNESOTA
HENNEPIN COUNTY
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
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Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
signed and sealed. nated fta aay ot li,l^fi | . b?f
This Power of Attorney expires
January 31, 2025 Kara Barrow, Secretary
Please direct bond verifications to lllfctvGjirltactinsurance'com
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16.C.1.d
Packet Pg. 848 Attachment: Performance Bond (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
ONE NAPLES
SITE DEVELOPMENT PLAN (SDP)
OPINION OF PROBABLE COST
PROJECT #: 00515-10
SEPTEMBER 2022
REV: 01
ITEM CATEGORY COST
1.00 Earthwork & Miscellaneous Site = $20,000.00
2.00 Paving & Roadway = $103,869.50
3.00 Drainage = $486,325.00
4.00 Landscaping = $250,000.00
5.00 Lighting = $150,000.00
= $1,010,194.50
6.00 Wastewater = $201,997.50
7.00 Potable Water and Fire = $43,510.00
= $245,507.50
=$1,255,702.00
NOTES:
Christoper R. Mitchell, P.E.
Florida P.E. License No. 56740
J.R. Evans Engineering, P.A.
FL. COA # 29226
SUMMARY
SUB-TOTAL - POTABLE WATER AND WASTEWATER
SUB-TOTAL - PAVING / GRADING / DRAINAGE / LANDSCAPE / ETC.
TOTAL
16.C.1.e
Packet Pg. 849 Attachment: Opinion of Probable Cost (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
ONE NAPLES
SITE DEVELOPMENT PLAN (SDP)
OPINION OF PROBABLE COST
PROJECT #: 00515-10
SEPTEMBER 2022
REV: 01
1.00 Earthwork & Miscellaneous Site
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
1.01 Erosion Control LS 1 $15,000.00 $15,000.00
1.02 Final Grading LS 1 $5,000.00 $5,000.00
SUBTOTAL $20,000.00
2.00 Paving & Roadway
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
2.01 12" Stabilized Subgrade SY 2,636 $6.00 $15,816.00
2.02 9" Asphalt Base Course (Type B-12.5) SY 2,222 $15.00 $33,330.00
2.03 2" SP-12.5 Asphalt SY 2,222 $12.00 $26,664.00
2.04 6' Paver Sidewalk SY 1,000 $9.00 $9,000.00
2.05 Type "A" Curb LF 160 $11.50 $1,840.00
2.06 Type "D" Curb LF 217 $11.50 $2,495.50
2.07 Type "F" Curb LF 1,002 $12.00 $12,024.00
2.08 Signage and Pavement Markings LS 1 $1,500.00 $1,500.00
2.09 ADA Detectable Warning EA 6 $200.00 $1,200.00
SUBTOTAL $103,869.50
3.00 Drainage
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
3.01 6" HDPE LF 401 $8.00 $3,208.00
3.02 8" HDPE LF 717 $10.00 $7,170.00
3.03 10" HDPE LF 424 $12.00 $5,088.00
3.04 12 HDPE LF 399 $15.00 $5,985.00
3.05 18" RCP LF 62 $40.00 $2,480.00
3.06 24" RCP LF 154 $60.00 $9,240.00
3.07 30" RCP LF 203 $68.00 $13,804.00
3.08 30" HDPE LF 29 $40.00 $1,160.00
3.09 36" RCP LF 210 $75.00 $15,750.00
3.1 Trench Drain LF 148 $150.00 $22,200.00
3.11 Junction Box EA 5 $3,650.00 $18,250.00
3.12 Valley Gutter Inlet EA 8 $4,510.00 $36,080.00
3.13 Stormwater Well (Class 5) EA 1 $15,000.00 $15,000.00
3.14 FDOT Type "C" Inlet EA 3 $3,540.00 $10,620.00
3.15 Underground Stormwater Vault LS 1 $150,000.00 $150,000.00
3.16 StormTech Chambers CY 23,215 $6.00 $139,290.00
3.17 Retaining Wall LF 620 $50.00 $31,000.00
SUBTOTAL $486,325.00
4.00 Landscaping
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
4.01 Code Minimum Landscaping LS 1 $250,000.00 $250,000.00
SUBTOTAL $250,000.00
16.C.1.e
Packet Pg. 850 Attachment: Opinion of Probable Cost (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
ONE NAPLES
SITE DEVELOPMENT PLAN (SDP)
OPINION OF PROBABLE COST
PROJECT #: 00515-10
SEPTEMBER 2022
REV: 01
5.00 Lighting
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
5.01 Decorative Light Poles EA 12 $12,500.00 $150,000.00
SUBTOTAL $150,000.00
6.00 Wastewater
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
6.01 Manhole (4') EA 2 $4,590.00 $9,180.00
6.02 Master Manhole (6') EA 1 $25,550.00 $25,550.00
6.03 2" Polytube Force Main LF 635 $13.50 $8,572.50
6.04 6" PVC (DR11) HDPE Force Main LF 210 $38.00 $7,980.00
6.05 8" PVC (SDR26) LF 80 $40.50 $3,240.00
6.06 10" PVC (SDR26) LF 241 $75.00 $18,075.00
6.07 Lift Station EA 1 $125,000.00 $125,000.00
6.08 6" Single Services w/ Cleanouts EA 6 $650.00 $3,900.00
6.09 Connection to existing force main EA 2 $250.00 $500.00
SUBTOTAL $201,997.50
7.00 Potable Water and Fire
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
7.01 1.5" Water Service w/ 4"Casing EA 1 $900.00 $900.00
7.02 2" Water Service EA 5 $750.00 $3,750.00
7.03 4" PVC (DR18) LF 35 $16.00 $560.00
7.04 4" HDPE LF 499 $18.00 $8,982.00
7.05 6" PVC (DR14) LF 484 $22.00 $10,648.00
7.06 6" PVC (DR18) LF 45 $20.00 $900.00
7.07 8" PVC (DR14) LF 30 $30.00 $900.00
7.08 Fire Hydrant Assembly EA 2 $5,000.00 $10,000.00
7.09 12" PVC (DR14) LF 182 $35.00 $6,370.00
7.10 Connection to existing water main EA 2 $250.00 $500.00
SUBTOTAL $43,510.00
16.C.1.e
Packet Pg. 851 Attachment: Opinion of Probable Cost (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
ORDINANCE NO. 2021- 09
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING
DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS ONE NAPLES MPUD, TO
ALLOW CONSTRUCTION OF UP TO 140 MULTI-FAMILY
DWELLING UNITS, BUT NO LESS THAN 40 RESIDENTIAL
UNITS, UP TO 165 FEET IN ACTUAL HEIGHT INCLUDING
A PARKING DECK, AND 10,000 SQUARE FEET OF C-3,
COMMERCIAL INTERMEDIATE COMMERCIAL USES,
AND A MARINA AND A SHIP STORE. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHEAST CORNER
OF THE INTERSECTION OF GULF SHORE DRIVE AND
VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP
48 SOUTH, RANGE 25 EAST, CONSISTING OF 5.42± ACRES;
PROVIDING FOR REPEAL OF RESOLUTION RELATING
TO P.U. 77-7-C FOR PROVISIONAL USE; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20190000697]
WHEREAS, Vanderbilt Holdings, LLC, represented by Robert J. Mulhere, FAICP of
Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A.,
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 Section 32,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Commercial
19-CPS-01951/1610025/1]400
One Naples/PL20190000697
3/9/21 Page 1 of 2
16.C.1.f
Packet Pg. 852 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
Intermediate (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning
District for a 5.42+/- acre parcel to be known as One Naples MPUD, in accordance with Exhibits
A through G attached hereto and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Resolution Relating to Petition No. P.U. 77-7-C for Provisional Use dated May 31, 1977
is hereby repealed.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 21 - 05 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this I 5 f day of ma,r G h.. 2021.
BOARD F COUNTY COMMISSIONERS
CRk•ST1 L•Ky 04EL, CLERK COLLI R TY, FLO i. NA
t 1o,Ch Mn% Clerk Penny aylor, Chairman
Aprr vea as o form.and legality:
I ,
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan This ordinance filed with the
Exhibit D: Legal Description Secraury of Satt;';,-
Exhibit E: Requested Deviations from LDC I -_ day of .
Exhibit F: Developer Commitments and ccknow edgs2rm-nt that
Exhibit G: Buffer Landscape Exhibit filit recr' •ed this day
of
19-CPS-01951/1610025/1]400
One Naples/PL20190000697 theC+ltY Gsc
3/9/ 21 Page 2 of 2
16.C.1.f
Packet Pg. 853 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT A
ONE NAPLES MPUD
LIST OF PERMITTED USES
MU TRACTS
PERMITTED USES:
The PUD may be developed entirely as a mixture of residential and commercial uses. No building
or structure,or part thereof, shall be erected,altered, or used,or land used,in whole or in part,within
the One Naples MPUD, for other than the following:
I. Principal Uses
A. Mixed Uses
1. Multi-family residential units not to exceed 140 total units. In order to ensure the
project is mixed use in nature, a minimum of 40 multifamily dwelling units shall be
developed.
2. Up to 10,000 square feet of the following uses:
a. Retail (SIC 5311-5399; 5411-5499; 5611-5699; 5712- 5736; 5912; 5921);
b. Restaurant, eating and drinking establishments (5812 and 5813); and
c. Personal services (7212, 7231, and 7241).
d. Professional Office.
3. Marina, as permitted under the Manatee Protection Plan, not to exceed 75 slips,
primarily limited to use by residents and guests, except as follows: a maximum of 4
transient slips may be permitted, which may be leased to charter boat vessels for
public use; and,a ship's store, limited to 1,000 square feet and marine fueling facility
may be open to the public accessing the site via the water. Liveaboards and/or
overnight use shall not be permitted.
B. Any other principal use which is comparable in nature with the forgoing list of permitted
principal uses, as determined by the Hearing Examiner or the Board of Zoning Appeals,by
the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this MPUD, including, but not limited to:
A. Residential Accessory Uses:
Page 1 of 22
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16.C.1.f
Packet Pg. 854 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
1. Recreational uses and facilities that serve the residents of the PUD,such as swimming
pools, fitness centers, dining facilities, sports courts, and recreation/amenity
buildings.
2. Customary accessory uses and structures to residential units, including parking
structures, gazebos, fountains, trellises, signage, and similar structures.
3. Temporary sales facilities may be permitted.
B. Commercial Accessory Uses:
1. One caretaker's residences, subject to LDC Section 5.03. 05.
2. Temporary display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety as
determined by the County.Merchandise storage and display is prohibited within front
yards adjacent to public rights of way, unless permitted though a temporary use
permit for a special event.
3. Customary accessory uses and structures to commercial development, including
parking structures, gazebos, fountains, trellises, and similar structures.
Page 2 of 22
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16.C.1.f
Packet Pg. 855 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT B
ONE NAPLES MPUD
DEVELOPMENT STANDARDS
The table below sets forth the development standards for residential and commercial land uses within
One Naples MPUD. Standards not specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of the date of approval of the SDP or subdivision plat.
N1U Tract 1 MU Tract 2 MU Tract 3 MU Tract 4
PRICIPAL USES
MIN.LOT AREA 20,000 s.f. 25,000 s.f 25,000 s.f. 25,000 s.f.
MIN.LOT WIDTH' 50' 50' 50' 50'
MIN.FLOOR AREA' 1,000 s.£ 1,000 s.f.1,000 s.f.1,000 s.f.
PERIMETER SETBACKS
25'to Parking Deck,
N/A N/A N/A
GULF SHORE DRIVE 35'to Tower"
25'to Parking Deck,
25' N/A N/A
VANDERBILT BEACH RD. 35'to Tower'4
10'to Parking Deck,
10' l0' 10'
SOUTHBAY DRIVE 25'to Tower3
CENTER STREET 10' 10' N/A N/A
WATERFRONT N/A N/A 0' 0'
BAREFOOT PELICAN CONDO N/A N/A N/A A ZONED BH
VANDERBILT PALMS CONDO 25' N/A N/A N/A
ALL INTERNAL DRIVES/ACCESS
0' 0' 0' 0'
EASEMENTS
ALL OTHER YARDS 10' 10' 10' 10'
MIN.DISTANCE BETWEEN
N/A 30' 30'
STRUCTURES
MAXIMUM BUILDING HEIGHT
129' 55' 55' 55'
NOT TO EXCEED(ZONED)
MAX.BUILDING HEIGHT NOT TO
t 65' 77' 87' 87'
EXCEED(ACTUAL)3
ACCESSORY USES
SETBACKS:ADJACENT TO
PUBLIC STREET
S.P.S. S.P.S. S.P.S. S.P.S.
SETBACKS: ALL OTHER YARDS S. P.S. S.P.S. S.P.S. S.P.S.
MAX.BUILDING HEIGHT NOT TO
40' 30' 30' 30'
EXCEED(ZONED)
MAX.BUILDING HEIGHT NOT TO
45' 40' 40' 40'
EXCEED(ACTUAL)
s.f.=square feet
S.P.S.=Same as Principal Structures
PL=Property Line
As measured by frontage on a public right-of-way or internal driveway.
2 For residential dwelling units.Commercial uses are not subject to a minimum floor area requirement.
3 The term Parking Deck refers to the multi-story parking structure located under the two towers located on MU Tract 1,as depicted on Exhibit
G.The Parking Deck shall not exceed 35'in Actual Height,and MU Tract 1 shall include two towers and no more than two towers.
Exhibit C,Sheet 3 of 4 depicts the location of the towers along Vanderbilt Beach Road and Gulf Shore Drive,and additional minimum
setbacks for the towers in various locations,which are equal to or greater than 35'.
5 This separation requirement is applicable between the two towers.
Page 3 of 22
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16.C.1.f
Packet Pg. 856 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
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One
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PL-
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3-
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16.C.1.fPacket Pg. 857Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
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20190000697)
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16.C.1.fPacket Pg. 858Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
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16.C.1.fPacket Pg. 859Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
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16.C.1.fPacket Pg. 860Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT D
ONE NAPLES MPUD -LEGAL DESCRIPTION
LOTS 11 THROUGH 32, BLOCK "A" VANDERBILT BEACH CENTER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND
A PORTION OF VANDERBILT BEACH CENTER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK "D", OF SAID
VANDERBILT BEACH CENTER SUBDIVISION AND A POINT OF INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF GULF SHORE DRIVE(70 FEET WIDE PER SAID
PLAT) AND THE SOUTHERLY RIGHT OF WAY LINE OF SOUTHBAY DRIVE (PER
RESOLUTION 94-61) (COMMERCE STREET PER SAID PLAT) (60 FEET WIDE PER SAID
PLAT); THENCE S.89°52'30"E. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 552.44 FEET TO THE NORTHEAST CORNER OF LOT 10, BLOCK "B" OF
SAID PLAT; THENCE S.00°07'30"W. ALONG THE EASTERLY LINE OF SAID LOT 10 A
DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10, BLOCK "B";
THENCE N.89°52'30"W ALONG THE SOUTHERLY LINE OF LOTS 7 THROUGH 10,BLOCK
B" OF SAID PLAT A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 7; THENCE S.00°07'30"W. A DISTANCE OF 143.60 FEET TO A POINT ON THE
NORTHERLY LINE OF LOT 4, BLOCK "C" OF SAID PLAT AND A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF CENTER STREET (60.00 FEET WIDE PER SAID
PLAT); THENCE S.84°40'40"E. ALONG THE NORTHERLY LINE OF LOTS 4 THROUGH 18,
BLOCK "C" OF SAID PLAT AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 358.37 FEET TO THE NORTHEASTERLY CORNER OF LOT 18, BLOCK "C" OF SAID
PLAT AND THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
CENTER STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTHBAY
DRIVE (60.00 FOOT WIDE COMMERCE STREET PER SAID PLAT); THENCE S.06°04'30"E.
ALONG THE EASTERLY LINE OF SAID LOT 18, BLOCK "C", AND SAID WESTERLY
RIGHT-OF-WAY LINE,A DISTANCE OF 125.71 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 18, BLOCK"C" AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF VANDERBILT BEACH ROAD (100.00 FOOT WIDE PER SAID PLAT) THENCE
N.80°29'30"W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 792.84
FEET TO THE SOUTHWESTERLY CORNER OF LOT 8, BLOCK "D" OF SAID PLAT AND
THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE
EASTERLY RIGHT-OF-WAY LINE OF GULFSHORE DRIVE (70.00 FOOT WIDE PER SAID
PLAT); THENCE N.08°23'20"W. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 274.80 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 5.42 ACRES MORE OR LESS
Page 8 of 22
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16.C.1.f
Packet Pg. 861 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT E
ONE NAPLES MPUD
LIST OF DEVIATIONS FROM LDC
Architectural Standards:
1. Deviation from LDC 5.05. 08.D.3.c.i., which requires that "Transitional massing elements
can be no more than 100 percent taller than the average height of adjacent buildings, but no
more than 30 feet, and no less than ten feet above the existing grade"to instead allow for the
parking deck to be a maximum of 35 feet in height.
Other:
2. Deviation from LDC Section 4.05.04.G Table 17 Parking Space Requirements which
allows small-scale recreation facilities that are accessory to a Multi-family project and
intended only for the residents of that project, exclusive of"golf courses/clubhouses", to be
calculated at 50 percent of normal requirements where the majority of the dwelling units are
not within 300 feet of the recreation facilities and at 25 percent of the normal requirements
where the majority of the dwelling units are within 300 feet of the recreation facilities to
instead allow golf courses/clubhouses to be included in the applicable parking reductions
allowed for Multi-family projects.
3.Deviation from LDC Section 4.06.02.C.4., which states that the minimum width of the
perimeter landscape buffer shall vary according to the ultimate width of the abutting right-
of-way, thus requiring a 10 foot wide Type"D"perimeter buffer adjacent to Gulf Shore Dr.
and a 15 foot wide Type "D" perimeter buffer adjacent to Vanderbilt Beach Rd., to instead
allow for the buffer along Gulf Shore Dr. and Vanderbilt Beach Rd. to terminate 36' from
the Vanderbilt Beach Rd. / Gulf Shore Dr. property corner as depicted on Sheet 2 of the
Master Concept Plan. This deviation allows for public placemaking elements to include a
water feature, expanded public sidewalk with a public art centerpiece and public seating, and
green wall as depicted on Sheet 7 of 7 of Exhibit G. The green wall planting system will be
attached to the exterior of the garage structure. This system may consist of a variety of plants
that will grow vertically upward on a lattice/trellis like structure or may utilize a living wall
system. The green wall will be a minimum of 10 feet in height. The types of plants at
installation are anticipated to be Trachelospermum jasminoides (Confederate jasmine) with
7' tall runners supplemented with Mandevilla with 5' tall runners, or comparable species
depending upon availability. A minimum of 20 of these vines will be planted. The Living
Wall plants will be determined at time of design and will be suitable for sun and salt
exposure. A detailed green wall plan shall be submitted at time of SDP application. If this
deviation is utilized, the placemaking elements are required.
Page 9 of 22
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16.C.1.f
Packet Pg. 862 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT F
ONE NAPLES MPUD
LIST OF DEVELOPER COMMITMENTS
1. PUD COMMITMENTS
A. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all
PUD commitments until close-out of the MPUD. At the time of this PUD approval,
the Managing Entity is Vanderbilt Naples Holdings, LLC. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity, then
it must provide a copy of a legally binding document, to be approved for legal
sufficiency by the County Attorney. After such approval, the Managing Entity will
be released of its obligations upon written approval of the transfer by County staff,
and the successor entity shall become the Managing Entity.As Owner and Developer
sell off tracts, the Managing Entity shall provide written notice to the County that
includes an acknowledgement of the commitments required by the MPUD by the new
owner and the new owner's agreement to comply with the Commitments through the
Managing Entity, but the Managing Entity will not be relieved of its responsibility
under this Section. When the MPUD is closed out, then the Managing Entity is no
longer responsible for the monitoring and fulfillment of PUD commitments.
B. Issuance of a development permit by a county does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and does
not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a
state or federal agency or undertakes actions that result in a violation of state or
federal law.
C. All other applicable state or federal permits must be obtained before commencement
of the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 132 two-way
PM peak hour net trips based on the use codes in the ITE Manual on trip generation
rates in effect at the time of application for SDP/SDPA or subdivision plat approval.
B. Subject to approval of a right-of-way permit if within the public right-of-way, the
Developer shall provide the following, at no cost to Collier County, as follows:
Prior to commencement of vertical construction:
i. Design and installation of a traffic signal at Vanderbilt Beach Road and Gulf
Shore Drive, subject to design approval by Collier County Transportation;
Page 10 of 22
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16.C.1.f
Packet Pg. 863 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
ii. Design and install a right turn lane on Vanderbilt Beach Drive for northbound
Gulf Shore Drive.
iii. Design and installation of an extended left turn into Collier County parking
garages, subject to design approval by Collier County Transportation;
iv. Design and installation of enhanced technology for Collier County parking
garage including signage upgrades for notification to public of garage parking
availability along Vanderbilt Beach Road and at or near the entrance to the
parking garage, and an automated system for "park and pay" or "pay as you
leave", subject to design approval by Collier County Transportation and Parks
and Recreation;
Prior to issuance of the first Certificate of Occupancy for a residential dwelling unit:
v. Design and installation of improvements to South Bay Drive, including removal
of roadside swales and installation of a closed drainage system, 10' travel lanes,
4' bike lanes, 5' sidewalks on both sides of the road, subject to design approval
by Collier County Transportation;
vi. Design and installation of a sidewalk along east side of Gulf Shore Drive adjacent
to project, subject to design approval by Collier County Transportation;
vii. Design and installation of an 8' wide multi-use pathway along the north side of
Vanderbilt Beach Road, from the terminus of existing pathway to Gulf Shore
Drive subject to design approval by Collier County Transportation; and
viii. Design, install, and maintain enhanced landscaping (above and beyond required
perimeter buffers) as depicted on Exhibit G;
ix. Design, install, and maintain enhanced landscaping within the adjacent rights-of-
way, in accordance with the County approved Landscape Maintenance
Agreement.
C. No vertical construction within MU Tract 1 will be allowed until the permanent
replacement easements required by the Petition to Vacate, PL20200000368, are
approved by staff and recorded in the official land records of Collier County.
D. The Developer will replace the vacated Gulf Shore Court with a privately maintained
access drive that will be open to the general public in the area depicted on the page 2 of
the Master Concept Plan. The access drive shall include a sidewalk on the western edge
and shall include a replacement County utility easement to the Collier County Water-
Sewer District in the area shown on the access drive depicted on page 2 of the Master
Concept Plan.
3.PUBLIC UTILITIES
A. Wastewater generated by the proposed development shall be routed to gravity sewer
on Vanderbilt Beach Road, southeast of the project.
B. No vertical construction within MU Tract 1 will be allowed until the permanent
replacement easements required by the Petition to Vacate, PL20200000368, are
Page 11 of 22
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16.C.1.f
Packet Pg. 864 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
approved by staff and recorded in the official land records of Collier County. The
Developer shall ensure that there is no lapse in County potable water service and
wastewater service to existing customers in the event that potable water and
wastewater infrastructure is required to be relocated or upgraded during construction.
4. EMERGENCY MANAGEMENT
A. The Developer shall provide the following, at no cost to Collier County:
i. Twenty-four (24) Medical and Standard Cots and one hundred fifty (150)
Standard cots are to be shipped FOB to Collier County Emergency Management
at the time of the issuance of the first Certificate of Occupancy. Collier County
Emergency Management will provide specifications, a roster of vendors and the
shipping address upon request of the developer prior to the issuance of the first
certificate of occupancy.
ii. One(1) 16 ft. dual axel trailer enclosed utility trailer shall be shipped FOB Naples
prior to the issuance of first certificate of occupancy with instructions to convey
title or certificate of origin to the Collier County Board of County
Commissioners.
5.DARUMA PARCEL
A. Owner agrees to the following offsite commitment on the Daruma Parcel which will
be noted on the Official Zoning Atlas for the Daruma Parcel by reference to this
ordinance and will operate as a restriction on the land use. The "DaRuMa Parcel" as
legally described on Exhibit "H", will initially be used for construction staging and
or parking. After completion of the One Naples Development, the DaRuMa Parcel
shall be utilized as an open space amenity for One Naples. The following uses will
be permitted on the DaRuMa Parcel:hardscape and landscape areas,restrooms, shade
structures, fire pits, grills, bocce ball courts, putting green, fountains, and
gazebos. Utilities, stormwater, sidewalks, ingress/egress and infrastructure facilities
as may be required to support the One Naples project and low-level lighting fixtures
are also permitted. The following uses are prohibited: clubhouses, tennis courts,
pickleball courts, swimming pools, residential, or commercial development. The
restrictions in this paragraph will not apply until the owner of this One Naples PUD
takes ownership of the Daruma Parcel.
B. The existing DaRuMa restaurant will be demolished prior to commencement of
vertical construction of the One Naples project.
6. PUBLIC ACCESS TO COMMERICIAL USES
A. The owner shall provide public street access from Gulf Shore Drive or Vanderbilt
Beach Road to the commercial uses in Tower 1 or Tower 2.
Page 12 of 22
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16.C.1.f
Packet Pg. 865 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
7. LANDSCAPING
A. In addition to the required perimeter landscape buffers depicted on Exhibit C-1,
Master Concept Plan, Sheet 2 of 4, plan a Type B Buffer is required along the
northern waterfront boundary, adjacent to Vanderbilt Lagoon, for areas not
developed with buildings or structures.
Page 13 of 22
H:\2016\2016025\WP\BCC\3-9-2021\One Naples MPUD Document(PL-20190000697)3-9-2021.docx
16.C.1.f
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16.C.1.fPacket Pg. 873Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
PROPERTY DESCRIPTION
LOTS 20 TO 32, INCLUSIVE, BLOCK B, VANDERBILT BEACH CENTER, ACCORDING TO THE PLAT
IN PLAT BOOK 3, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL CONTAINS 34054.6 SQUARE FEET/0.78 ACRES MORE OR LESS
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD.
KRIS A. SLOSSER, STATE OF FLORIDA, (P.S.M. #5560) NOT A SURVEY
SEE ATTACHED SKETCH
PAGE 1 OF 2
KRIS A SLOSSER P.S.M.PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN 4642 VILLA CAPRI LN. BONITA SPRINGS
SECTION 32, TOWNSHIP 46 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA FLORIDA 34134 (239) 947-1915
EXHIBIT H DARUMA PARCEL LEGAL DESCRIPTION (SHEET 1)
Page 21 of 22
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16.C.1.fPacket Pg. 875Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
J
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IA* '
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 10, 2021
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021- 09, which was filed in this office on March 10,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
16.C.1.f
Packet Pg. 876 Attachment: Ord. 21-09 (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
Ikeexiv\i'apitrti Datil; IN-11 t
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
OFFICE OF THE COUNTY ATTORNEY
3299 TAMIAMI TRL E#700
NAPLES, FL 34112-5749
NOTICE OF PUBLIC HEARING
Notice is hereby given that on March 1, 2021, in the Board of
County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Fast Tarniami Trail, Naples FL.. the
Affidavit of Publication Board of County Commissioners (BCC) will consider the enact-
ment of a County Resolution. The meeting will commence at
STATE OF WISCONSIN 9:00 A.M.The title of the proposed Resolution is as follows:
COUNTY OF BROWN
RESOLUTION NO.2021-____
BeforeA RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERSOFtheundersignedtheyserveastheauthority,COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VA-
personally appeared said legal clerk who on oath says that CATE THE COUNTY AND THE PUBLIC INTEREST IN GULF SHORE
he/she serves as Legal Clerk of the Naples Daily News, a
COURT,THE 20-FOOT ALLEY IN BLOCK "D"AND A PORTION OF
CENTER STREET, ALL PART OF THE PLAT OF VANDERBILT BEACH
daily newspaper published at Naples, in Collier County,CENTER, PLAT BOOK 3, PAGE 16 OF THE PUBLIC RECORDS OF
Florida: distributed in Collier and Lee counties of Florida;
COLLIER COUNTY, FLORIDA. THE SUBJECT RIGHT-OF-WAYS ARE
LOCATED IN THE NORTHEAST QUADRANT OF GULF SHORE
that the attached copy of the advertising was published in DRIVE AND VANDERBILT BEACH ROAD IN SECTION 32,
said newspaper on dates listed, Affiant further says that the
TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLOR-
IDA.(PL20200000368)
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said A copy of the proposed Resolution is on file with the Clerk to
the Board and is available for inspection. All interested parties
newspaper has heretofore been continuously published in are invited to attend and be heard.
Said
NOTE: All persons wishing to speak on any agenda item must
Collier County, Florida; distributed in Collier and Lee register with the County manager prior to presentation of the
counties of Florida, each day and has been entered as
agenda 'item to he addressed. Individual speakers will be limit-
ed to 3 minutes on any item. The selection of any individual to
second class mail matter at the post office in Naples, in speak on behalf of an organization or group is encouraged. If
said Collier County, Florida, for a period of one year next resognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item,
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither Persons wishing to have written or graphic materials included in
the Hoard agenda packets must submit said material a minimum
paid nor promised any person, or corporation any discount,of 3 weeks prior to the respective public hearing. In any case,
rebate, commission or refund for the purpose of securing
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
this advertisement for publication in the said newspaper. seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
Published:02/10/2021,02/17/2021
As part of an ongoing initiative to promote social distancing
during the COVID-19 pandemic, the public will have the nppor-
tunity to provide public comments remotely, as well as in per-
son,during this proceeding. Individuals who would like to par-
ticipate remotely, should register up to 6 slays in advance
Subscribed and sworn to before on February 17, 2021 through the link provided on the front page of the county
website at www-rolliercountyfl.gov, Individuals who register
will receive an email in advance of the public heaving detailing
how they can participate remotely in this meeting.
r Any person who decides to appeal any decision of the Board
will need ,a record of the proceedings pertaining thereto and
Notary,State of WI,County of Brown therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
r
TA R n M O N D I_O C I I
If you are a person with a disability who needs any accommoda-
N o tar lion in order to par ticipate in this proceeding, you are entitled.
Stale of Vsf I cons i n at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tarniami frail East,Suite 101, Naples, FL 34112-5356,
239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
My commission expires August 6, 2021 Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Publicatiorl Cost: $1,078.00 PENNY TAYLOR,CHAIRMAN
Ad No:0004582845 CRYSTAL K.KINZEL,CLERK
Customer No: 1306921 By:Teresa Cannon,
PO#: P.O.#4500202489
Deputy Clerk(SEAL)
0004562845 2110,2l172021
of Affidavits)
This is not an invoice INSTR 6018229 OR 5908 PG 690
RECORDED 3/15/2021 8:53 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
16.C.1.g
Packet Pg. 877 Attachment: Res. 21-47 Vacation (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
RESOLUTION NO. 2021-4 7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN
GULF SHORE COURT, THE 20-FOOT ALLEY IN BLOCK "D" AND
A PORTION OF CENTER STREET, ALL PART OF THE PLAT OF
VANDERBILT BEACH CENTER, PLAT BOOK 3, PAGE 16 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE
SUBJECT RIGHT-OF-WAYS ARE LOCATED IN THE
NORTHEAST QUADRANT OF GULF SHORE DRIVE AND
VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PL20200000368)
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Christopher R.
Mitchell of J.R. Evans Engineering, P.A., on behalf of the property owner, has requested
the vacation of the County and the public interest in Gulf Shore Court, the 20-foot alley
in Block "D" and a portion of Center Street, all part of the plat of Vanderbilt Beach
Center, Plat Book 3, Page 16 of the public records of Collier County, Florida, in Section
32, Township 48 South, Range 25 East, Collier County, Florida, being more specifically
shown in Exhibit A, attached hereto; and
WHEREAS, at its January 12, 2021 regular meeting, the Board of
Commissioners, via Resolution No. 2021-04, approved the scheduling of a public hearing
on March 1, 2021, pursuant to Resolution 2013-166; and
WHEREAS, the Board of County Commissioners, on this day, held a public
hearing to consider the petitioner's request and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of the petitioner's request will not affect the ownership
or right of convenient access of persons owning other parts of the subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and
public interest in Gulf Shore Court, the 20-foot alley in Block "D" and a portion of
Center Street, all part of the plat of Vanderbilt Beach Center, Plat Book 3, Page 16 of the
public records of Collier County, Florida, in Section 32, Township 48 South, Range 25
East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the
public interest and for the public benefit.
20-EIS-04237/1599241/11 1 of2
C,
C
16.C.1.g
Packet Pg. 878 Attachment: Res. 21-47 Vacation (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
BE IT FURTHER RESOLVED that the County hereby reserves unto itself a
Temporary County Utility Easement and a Temporary Access Easement in favor of the
Board of County Commissioners of Collier County, Florida, as the governing Body of
Collier County, and as the ex-officio governing board of the Collier County Water-Sewer
District, in, on, over and under the property described in Exhibit A. The Temporary
Easements shall automatically expire upon preliminary acceptance of the new utilities
and removal or decommissioning of any existing utilities in, on, over and under the
property described in Exhibit A, pursuant to the Collier County Utilities Standards and
Procedures Ordinance 2004-31.
BE IT FURTHER RESOLVED that there shall be no lapse in County potable
water and wastewater service to existing customers.
BE IT FURTHER RESOLVED that no vertical construction shall be permitted
on MU Tract 1 (as designated in the One Naples MPUD document, companion item
PL20190000697), until the permanent replacement County Utility Easement, with access
to facilities, is recorded in the Public Records of Collier County, Florida.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of the Resolution in the Public Records and
to make proper notation of this Resolution on the plat of Vanderbilt Beach Center, as
recorded in Plat Book 3, Page 16, of the public records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this the (g'' day of ro-cr 2021.
ATTEST:'' BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KII iZElx, CLERK COLLIE C TY, FLORIDA
By:
Deputy.Cle ,•HAIRMAN
Attest`as fo Ci 1 n's
s; ature onty
Approve.
0o
form and legality:
By: dallk
A' hkar
As :nt County Attorney 1vk
Attachments: 1) Exhibit A, 2) Location-Site Map
20-EIS-04237/1599241/1]2 of2
CA°
16.C.1.g
Packet Pg. 879 Attachment: Res. 21-47 Vacation (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
EXHIBIT "A"
PROPERTY DESCRIPTION
A PORTION OF VANDERBILT BEACH CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 3, PAGE 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 20, BLOCK "D", AND A POINT OF INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHBAY DRIVE (60.00 FOOT WIDE COMMERCE STREET
PER SAID PLAT) AND THE WESTERLY RIGHT-OF-WAY LINE OF GULF SHORE COURT (60.00 FEET WIDE
PER SAID PLAT); THENCE S.89°52'30"E. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF
60.67 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK "B", OF SAID PLAT AND A POINT OF
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF GULF SHORE COURT (60.00 FEET WIDE PER
SAID PLAT); THENCE S.08°23'20"E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 172.15
FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF CENTER STREET (60.00 FEET WIDE PER SAID PLAT); THENCE S84°40'40"E.
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 144.42 FEET; THENCE S,00°07'30"W. A
DISTANCE OF' 30.19 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING
A RADIUS OF 66.00 FEET, THROUGH A CENTRAL ANGLE OF 22°47'53", SUBTENDED BY A CHORD OF 26.09
FEET AT A BEARING OF S36°54'18"E, FOR A DISTANCE OF 26.26 FEET TO THE END OF SAID CURVE;
THENCE S.48°18'15"E. A DISTANCE OF 17.91 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF SAID CENTER STREET; THENCE N.84°40'40"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 164.47 FEET TO THE INTERSECTION OF SAID SOUTHERLY LINE AND THE EASTERLY LINE OF
SAID GULF SHORE COURT; THENCE S.08°23'20"E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE
OF 89.39 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD
100.00 FEET WIDE PER SAID PLAT); THENCE N.80°29'30"W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
A DISTANCE OF 63.05 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID
GULFSHORE COURT; THENCE N.08°23'20"W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF
84.65 FEET TO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE AND THE SOUTHERLY
RIGHT-OF-WAY LINE OF A 20 FOOT WIDE ALLEY PER SAID PLAT; THENCE N.84°40'40"W. ALONG THE SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 123.52 FEET; THENCE N.08°23'20"W. ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF SAID 20 FOOT WIDE ALLEY A DISTANCE OF 216.95 FEET TO A POINT
INTERSECTION WITH THE SOUTHERLY LINE OF SAID SOUTHBAY DRIVE; THENCE S.89°52'30"E. ALONG SAID
SOUTHERLY LINE A DISTANCE OF 20.22 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE
OF SAID 20 FOOT WIDE ALLEY; THENCE S.08°23'20"E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 182.55 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF
76°17'20", SUBTENDED BY A CHORD OF 24.71 FEET AT A BEARING OF S46°32'00"E, FOR A DISTANCE OF
26.63 FEET TO THE END OF SAID CURVE; THENCE S.84°40'40"E. ALONG THE NORTHERLY LINE OF SAID
20 FOOT WIDE ALLEY A DISTANCE OF 87.23 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY
RIGHT-OF-WAY LINE OF GULF SHORE COURT (60.00 FOOT WIDE PER SAID PLAT); THENCE N,08°23'20"W.
ALONG SAID WESTERLY LINE A DISTANCE OF 207.68 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 34310.0 SQUARE FEET, 0.79 ACRES MORE OR LESS
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS.,OF•RECQRD.
yy
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S'F, ',
PAGE 1 OF 2
KRIS ,SLOSSER, STATE OF4'LORIDA, (P.S.M. #5560) SEE ATTACHED SKETCH
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A. PARCEL OF LAND LOCATED IN 4642 VILLA CAPRI LN. BONITA SPRINGS
SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
FLORIDA 34134 (239) 947-1915
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Packet Pg. 882 Attachment: Res. 21-47 Vacation (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)
aPir5ThiiN:
PART OFTHE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NOTICE OF ADOPTION
NAPLES, FL 34112
NOTICE 15 HEREBY GIVEN THAT ON THE 1ST DAY OF MARCH,
2021 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ADOPTED RESOLUTION NUMBER 2021-47,
Affidavit of Publication RELATING TO PETITION VAC-PL20200000368, TO DISCLAIM, RE-
NOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN GULF
STATE OF WISCONSIN SHORE COURT, THE 20-FOOT ALLEY IN BLOCK "D" AND A POR-
COUNTY OF BROWN
TION OF CENTER STREET, ALL PART OF THE PLAT OF
VANDERBILT BEACH CENTER, PLAT BOOK 3, PAGE 16 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT
Before the undersigned they serve as the authority,
RIGHT-OF-WAYS ARE LOCATED IN THE NORTHEAST QUADRANT
OF GULF SHORE DRIVE AND VANDERBILT BEACH ROAD IN SEC-
personally appeared said legal clerk who on oath says that TION 32,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUN-
he/she serves as Legal Clerk of the Naples Daily News, a
TY,FLORIDA.
daily newspaper published at Naples, in Collier County,RESOLUTION NO.2021-47 MAY BE EXAMINED IN THE OFFICE OF
Florida; distributed in Collier and Lee counties of Florida;
THE CLERK TO THE BOARD,MINUTES&RECORDS DEPARTMENT,
ADMINISTRATION BUILDING SUITE 8401, COLLIER COUNTY
that the attached copy of the advertising was published in GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES,
said newspaper on dates listed. Affiant further says that the
FLORIDA.
said Naples Daily News is a newspaper published at BOARD OF COUNTY COMMISSIONERS
ANaples, in said Collier County, Florida, and that the said COLLIERENN
COUNTY,
YLOR, AIRAPENNYTAYLOR,CHAIRMAN
newspaper has heretofore been continuously published in
said CRYSTAL K.KINZEL,CLERK
BY:Martha Vergara,Deputy Clerk
Collier County, Florida; distributed in Collier and Lee SEAL)
counties of Florida, each day and has been entered as
Pub Date:March 12,2021 4637290
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.
Published:03/12/2021
Subscribed and sworn to before on March 12, 2021
I)UJ.(.i_VYluyne0Lrx4... )
Notary,State of WI,County of Brown
ITAR/\
MONDLOCI-I
Nolary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost: $210.00
Ad No:0004637290
Customer No: 1303809
PO#: 4500202489
of Affidavits1
This is not an invoice
16.C.1.g
Packet Pg. 883 Attachment: Res. 21-47 Vacation (28375 : One Naples (Ritz Carlton Residences) Easements & Construction Bond)