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Backup Documents 12/10/2024 Item # 9B B 9 A CC PL20230011318&PL20230011319 12/10/2024 Palm River Corporate Housing Residential Subdistrict Legal Notices Website Ailyn.Padron@colliercountyfl.gov> Sent: Thursaay, November 14, 2024 3:34 PM To: Minutes and Records; Legal Notice Cc: KlopfParker; LauraDeJohnVEN; bellows_r; Sharon Umpenhour; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds Subject: FW: ad approval: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Attachments: Ad Request.pdf; Ordinance - 102824(1).pdf; Ordinance - 102824.pdf; RE: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319); FW: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319); RE: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised on November 20th and run through the hearing date. Approvals are attached, and CAO approval is below. Please let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. fl 1 1;1 X CINaples, Florida 34104 Ailyn.Padron(a.colliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, November 14, 2024 10:56 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: ad approval: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Ailyn, CAO approval is below for this ad request. Thanks, i 9A Wanda Rodriguez, MCP, CP.M Office of the County .Attorney (239) 252-8400 LERTIF/fo v ® 'p FLORIDA'8 ':1) ACV; Pro��tt Certified Public Manager mrA..o sa v,A.my2005 From: Derek Perry<Derek.Perry@colliercountyfl.gov> Sent:Thursday, November 14, 2024 10:47 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE:for your approval: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Wanda, I approve this ad. Thank you, Derek D. Perry Assistant County Attorney (239) 252-8066 From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Wednesday, November 13, 2024 1:54 PM To: Derek Perry<Derek.Perry@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Subject:for your approval: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) &(PUDZ) (PL20230011318 & PL20230011319) Derek, For your approval. Wanda Rodriguez, ACP, CP.M Office of the County Attorney (239) 252-84o0 LERTIF/FO `1 FLORIDA'SMENG � ACV en SINCECertified Public Manager r18bi4 sr.D:w.nry2005 2 9A From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday, November 13, 2024 12:58 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley<Nancv.Bradlev@colliercountyfl.gov> Cc: Parker Klopf<Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountvfl.gov>; Laura S. DeJohn <LKS@iohnsoneng.com>; Ray Bellows<Ray.Bellows@colliercountyfl.gov>; Sharon Umpenhour <SUmpenhour@gradyminor.com>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318& PL20230011319) Good afternoon, Wanda and Nancy, Attached is the *Web* Ad Request, Ordinances&approvals for the referenced petitions.The ad will need to be advertised on November 20th and run through the hearing date. Please let me know if anything else is needed. Thank you! Ailyn Padron Management Analyst I Zoning 1�^� Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. U J X, 0 Naples, Florida 34104 Ailyn.Padron(a 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. 3 9A Yanirda Fernandez From: Parker Klopf <Parker.Klopf@colliercountyfl.gov> Sent: Wednesday, November 13, 2024 10:35 AM To: PadronAilyn Subject: RE: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Follow Up Flag: Follow up Flag Status: Flagged Approved Parker Klopf Planner III Zoning Office:239-252-2471 of 1 icr Coun 15100121 Parker.Klopf a(�colliercountyfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday, November 12, 2024 3:17 PM To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Laura S. DeJohn<LKS@johnsoneng.com>; Sharon Umpenhour<SUmpenhour@gradyminor.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318& PL20230011319) Good afternoon, Attached is the *Web* Ad Request, Map, and Ordinances for your petitions. Please let me know if you approve and/or if changes are needed no later than 12:00pm,Wednesday. Thank you. Ailyn Padron Management Analyst I Zoning ('"^' Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. ©0 iI o C Naples, Florida 34104 Ailyn.Padron(c�colliercountyfl.gov i 9A 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. 2 9A Yanirda Fernandez From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Wednesday, November 13, 2024 12:24 PM To: PadronAilyn Subject: RE: 12/10/24 BCC- *Web*Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) Follow Up Flag: Follow up Flag Status: Flagged 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. Approved. Sharon Umpenhour I Sr. Planning Technician leGradyMinor a Pape-Dawson company P:239.947.1144 I C:239.404.6621 I E:SUmpenhour@gradyminor.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday, November 12, 2024 3:17 PM To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Laura S. DeJohn<LKS@johnsoneng.com>; Sharon Umpenhour<SUmpenhour@gradyminor.com> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 12/10/24 BCC- *Web* Ad Request for Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) &(PUDZ) (PL20230011318& PL20230011319) Good afternoon, Attached is the *Web* Ad Request, Map, and Ordinances for your petitions. Please let me know if you approve and/or if changes are needed no later than 12:00pm,Wednesday. Thank you. Ailyn Padron Management Analyst I �� Zoning ( Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. © 0 X ai 1 Naples, Florida 34104 Ailyn.Padron(c�colliercountyfl.gov 1 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on December 10, 2024, in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE PALM RIVER CORPORATE HOUSING RESIDENTIAL SUBDISTRICT TO THE URBAN MIXED USE DISTRICT TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.06± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230011318] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 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 RESIDENTIAL MULTI-FAMILY-16 ZONING DISTRICT(RMF-16)TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS PALM RIVER CORPORATE HOUSING RPUD, TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS,ON 2.06±ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230011319] 9A ,�� Fair, aj /� ry a CjR ° Project Her , eJ A. s Location WAY a - Viking WAY Y : ` V* ' w OR SaWry o ��Ood • • ' Mentor 0aC`t . , '',1a , 1 b,1 yam, DR g' / e 3 Johnnycake ooa� S or : L:.. DR cu ce a Wicklffe— � _ D 2. R — �L° � U A : LVDaU Zo ) , Immok alee RD i ----tj—ty A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to 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 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 9A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Deputy Clerk(SEAL) - - - gq ORDINANCE NO. 2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE PALM RIVER CORPORATE HOUSING RESIDENTIAL SUBDISTRICT TO THE URBAN MIXED USE DISTRICT TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.061 ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (PL20230011318] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq.. Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, D. Wayne Arnold.AICP,of Q. Grady Minor and Associates,P.A.,and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester. P.A., representing Palm River Accommodations LLC, requested an amendment to the Future Land Use Element and Map Series; and [23-CM P-01203/1900043/1178 Palm River Corporate Housing Residential Page 1 of 3 Subdistrict GMPA PL20230011318 110-28-24 CAO 9A WHEREAS. pursuant to Subsection 163.3187(1). Florida Statutes. this amendment is considered a Small-Scale Amendment: and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity;and WHEREAS. the Collier County Planning Commission (CCPC) on September 20. 2024 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Map Series of the Growth Management Plan on December 10, 2024; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY• THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Map Series in accordance with Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit`'A"and incorporated herein by reference. SECTION TWO: SEVERABILIT\. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. [23-CMP-01203/1900043/1178 Palm River Corporate Housing Residential Page 2 of 3 Subdistrict GMPA I PL202300 1 1 3 1 8' 10-28-24 .1(J 9A SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board approval. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 10th day of December 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chris Hall, Chairman Approved as to form and legality: Derek D. Perry Assistant County Attorney \v- Attachment: Exhibit"A"—Proposed Text Amendment & Map Amendment [23-CM P-01203/1900043/I]78 Palm River Corporate Housing Residential Page 3 of 3 Subdistrict GMPA I PL20230011318 110-28-24 9A Exhibit A COLLIER COUNTY FUTURE LAND USE ELEMENT Urban Designation A. Urban Mixed-Use District 1. Urban Residential Subdistrict 30.Palm River Corporate Housing Residential Subdistrict The 2.06-acre subdistrict,as depicted on the Palm River Corporate Housing Residential Subdistrict map,is located at 208 Palm River Blvd approximately 1/3 mile north of Immokalee Road. The intent of this subdistrict is to allow for a maximum of 41 rental dwelling units or 41 transitional corporate housing units to provide corporate employee housing in an urban area with transit, employment centers, and public infrastructure and proximity to corporate headquarters. The development of this subdistrict will be governed by the followingcriteria: a. Development shall be in the form of a PUD. b. The dwelling units are limited to use for corporate housing,except as provided in paragraph'd'. c. The maximum number of dwelling units permitted within the subdistrict is 41 rental dwelling units. d. Affordable Housing Commitment: 1. In the event property is no longer utilized strictly for Transitional Corporate Housing,8 dwelling units shall be required to be income restricted to individuals or families having incomes up to and including 100%of the Area Median Income (AMI)for Collier County. 2. These units will be committed for a period of 30 years from the date the units cease to be utilized for corporate employee housing. Income and rental limits may be adiusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. 3. As part of the annual PUD monitoring report,the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units(if developed), including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. e. Transitional Corporate Housing is defined as short term housing no less than a 30-day rental of a furnished apartment or condominium to professional employees who are relocating for work or on assignment or training in Collier County for companies located in Collier County. Short term housing is 12 months or less but can be extended with evidence of a permanent housing contract or permanent lease. f.The Density Rating System is not applicable to this Subdistrict. 1� 9A EXHIBIT A PL20230011318 18 PALM RIVER CORPORATE HOUSING RESIDENTIAL SUBDISTRICT Qlik ('Oil Ilk(IMAM FLORID R Fail a OR untry CI 0 > SUBJECT m SITE > Vikin E I Um view 12 pit g WAY _ ,� pa a 1-"---7. 3r - c II o o G 3 DaK.N °d n: / ood OIL ° ra,�N S re 0 c 0 0 0 0 d > 0 a) S m = c O. > 0 E > 7:1 °' N To ii o` `—�° E U ...-/- Tel -4 II riper B LJb i -_._, Immokalee RD E ADOPTED-XXXX XXXX 0 150 300 600 Feet -- -- - .� IOrd No XXXX-X) I 1 I I I I I LEGEND 1 fEC.ROWT U OIME 'D PALM RIVER CORPORATE HOUSING!I M1Y WWI CORPORATE ROUGRO sueaarrt IC, - EREIOCATaMNAVpgAlTyxp RESIDENTIAL SUBDISTRICT WTE,7HA73 l 7d 9A I Tus I T473 I Toes I Toes I Tess I T513 I Tees I Tess I 1 t V i 1 111111I ► fII I 1`• ze i ! i1'OH II I ! i i ',„!e.J ;,,t. 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Ii rc C i, — 1 1 1 119 11 / 11 11 1 J i ' —I 1 Ii �1 , 111111 11,1wll11f�11�1111111t1,, 1 , , 1I ,1 !�, j Ie, 1 1 jtj, l r111 it 1111 f I , t 1111� ,1, I 0 1t,1I1111111111111111 .__, W • rri f t ce 1 w C ° 1 . . • : W Ce Iw • N _ 1111114111 ?E! w I w ■ g :.fi, 4, ., . .-A , 4 4ifirmi P II , : Weis I s — it w � � 1 w41 Oa: q. i cc ik- ilip :; ____. r111 i •. !“ ,:iir---illl - ,-1 H r5. g r• cn i I - ill of gg (; uIi of .' t :1 i I T46S I _ T471_�_ I TpS __—_1- TNs I T5OS I T515 I 7523 I T533 I 7 9 A ,. ORDINANCE NO.2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 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 RESIDENTIAL MULTI-FAMILY-16 ZONING DISTRICT (RMF-16) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS PALM RIVER CORPORATE HOUSING RPUD, TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS, ON 2.06f ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. 1PL20230011319 j WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Palm River Accommodations LLC, petitioned the Board of County Commissioners of Collier County, Florida,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 23, Township 48 South, Range 25 East, Collier County, Florida, is changed from Residential Multi- Family-16 Zoning District (RMF-16) to a Residential Planned Unit Development (RPUD) for a 2.06± acre project to be known as Palm River Corporate Housing RPUD, to allow up to 41 multi-family rental dwelling units or transitional corporate housing rental dwelling units, in [23-CPS-02408/1900049/11139 Palm River Corporate Housing RPUD Page 1 of 2 PL2023001 1319 110/28/2024 { �U 9A accordance with Exhibits A through F 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: 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. 2024- becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 10th day of December 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Chris Hall,Chairman Approved as to form and legality: \tip Derek D. Perry � \Assistant County Attorney \0 Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Concept Plan Exhibit D- Legal Description Exhibit E - Deviations Exhibit F - Development Commitments [23-C PS-02408/1900049/1]139 Palm River Corporate Housing RPUD Page 2 of 2 PL20230011319; 10.128/2024 9A EXHIBIT A LIST OF PERMITTED USES Regulations for development of this RPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LOC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 41 multi-family rental dwelling units or 41 transitional corporate housing rental dwelling units (at a density of 19.9+/- units per acre) shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: RESIDENTIAL: A. Principal Uses: 1. Multi-family Rental Dwelling Units, subject to Exhibit F, Section 5, Affordable Housing;or 2. Transitional Corporate Housing Rental Dwelling Units Transitional Corporate Housing is defined as short term housing no less than a 30 day rental of a furnished apartment or condominium to professional employees who are relocating for work or on assignment or training in Collier County for companies located in Collier County. Short term housing is 12 months or less but can be extended with evidence of a permanent housing contract or permanent lease. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals(BZA)or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Carports and garages; and 2. Community administrative facilities and recreational facilities intended to serve residents and guests; and 3. Construction offices(during active construction only); and 4. Leasing offices;and Palm River(.urpurali.'Housing X1'! I)1'12r)'30011319 ()ct,/''r 2(),24 1'ag& 1„1 It) r 9A 5. Open space uses and structures such as, but not limited to, boardwalks, nature trails,gazebos and picnic areas;and 6. Storage sheds;and 7. Swimming pools and spas for residents and their guests;and 8. Water management facilities to serve the project, such as lakes. Palm Rivet.( ,»/,,,rcrre l(„rrsirtL RI'( I)I'I 2(2;rm//31'1 ()(lobos 22 'n'a Page 2 u1 l0 9A EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I PRINCIPAL STRUCTURES MULTI-FAMILY Minimum Floor Area per unit 650 SF Minimum Lot Area N/A Minimum Lot Width N/A Minimum Lot Depth N/A Minimum Setbacks Front Yard 30 feet Side Yard 15 feet Rear Yard 15 feet Maximum Building Height*2 Zoned 65 feet Actual 75 feet ACCESSORY STRUCTURES'1 Minimum Setbacks Front Yard 15 feet Side Yard SPS Rear Yard SPS Maximum Building Height Zoned 25 feet Actual 30 feet SPS—Same as Principal Structure *1 — Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape,passive parks and access control structures shall have no required internal setback,and are permitted throughout the PUD;however,such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *2—Height is measured per LDC definition for zoned and actual height. Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit E,list of deviations. Palm River('orporate!lousing RI'(7)P1.2023001 13/9 October 22. 2024 Page 3 of/0 9A 25'FPL EASEMENT O.R.659 PG 1616 -. __ ., _ ZONED: RMF-16 USE: MULTI-FAMILY RESIDENTIAL 1 DUMPSTER I\ ` 10'WIDE TYPE'A'LANDSCAPE BUFFER I I 10'WIDE TYPE'A'LANDSCAPE BUFFER 10'WIDE I'1"I'L U I A LANDSCAPE BUFFER 1 ZONED: RMF-16 3 I USE: MULTI-FAMILY RESIDENTIAL ;cc 0 I d GOLF CART PATH(EASEMENT WIDTH -1 AND LOCATION TBD AT TIME OF SDP) a "'I 1 I ZONED: GC USE: GOLF COURSE NO BUFFER REQUIRED I I 1 1 1 l I f ti6�L VIKING WAY 1 ` 46•a .n A 14, � , 2 15'WIDE TY 'D' N �'y`'o. F' LANDSCAPE B FERI .41 I�G�/y9'17. toO r c,Jn9I- 3 1 69r�v/y o rs;FG >d °.Pr Foo i4;\ o -. r. 'fly 4i t"i LEGEND < ti� .AF2a� c :SA6 .fir' \F 3 i : __ __ WATER MANAGEMENT �"le' F1, 3 - PAVEMENT _ N RESIDENTIAL BUILDING i i ® DEVIATION ACCESS iiiio so o SCALE: 1"= 100' s PALM RIVER CORPORATE HOUSING RPUD `"I I n c%X W...t.tb‘ a EXHIBIT C an v*rur•m:: u chit M.ngnrm • Land Su�ya en • Planners • t.AMtiu ape\fl-IIIIrI Is MASTER PLAN •ri w�( �,.„ i,N• PWn Mw t;wOJM REVISED SEPTEMBER 20, 2024 i 9A SITE SUMMARY TOTAL SITE AREA: 2.06± ACRES RESIDENTIAL: 1.49±ACRES (73%) BUFFERS: 0.17± ACRES (8%) DRAINAGE, UTILITY, ROAD EASEMENTS 0.40± ACRES (19%) RESIDENTIAL: MAXIMUM 41 MULTI-FAMILY DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS OPEN SPACE: REQUIRED: 60% PROVIDED: 50% PRESERVE: REQUIRED: 0± ACRES (0 ACRES NATIVE VEGETATION X 25%) PROVIDED: 0± ACRES DEVIATIONS: 0 RELIEF FROM LDC SECTION 4.05.04,TABLE 17, PARKING SPACE REQUIREMENTS FOR MULTI-FAMILY DWELLINGS RELIEF FROM LDC SECTION 4.07.02.G.1, OPEN SPACE REQUIREMENTS NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. ol:..a w...wa,..,...1•. PALM RIVER CORPORATE HOUSING RPGD ®(ll'all\'1IIIU)1' Y4111a W I Ih^ EXHIBIT C CNII F'Wirer. • land Sunr>un (Manna, I.andY ape%rWMtrrtn MASTER PLAN NOTES ,^ ,w..IY4ntl e.41.YIw,.^3I,I ^--�I REVISED SEPTEMBER 23. 2024 �,tl• IMn41ytN.. L5v.1171111 •+u I,r..l.Nan,,. .•,,m tuft\IKI. _uIM 43Y1 N f 9A EXHIBIT D LEGAL DESCRIPTION PARCEL NO. 1 A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL BEING A PART OF BLOCK F, PALM RIVER ESTATES UNIT NO. 4, AS RECORDED IN PLAT BOOK 8, AT PAGE 70, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FORMERLY DESCRIBED AS RIVER ROYALE, PHASE 2, IN OFFICIAL RECORDS BOOK 847, PAGE 286, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID BLOCK F, RUN NORTH 30 DEGREES 33 MINUTES 33 SECONDS WEST ALONG THE EASTERLY LINE OF SAID BLOCK F AND ITS NORTHWESTERLY PROLONGATION FOR 190.47 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, CONTINUE NORTH 30 DEGREES 33 MINUTES 33 SECONDS WEST FOR 109.36 FEET; THENCE RUN NORTH 10 DEGREES 28 MINUTES 00 SECONDS EAST FOR 87.89 FEET;THENCE RUN NORTH 63 DEGREES 04 MINUTES 31 SECONDS WEST FOR 163.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF PALM RIVER BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 672, AT PAGE 401, OF SAID PUBLIC RECORDS;THENCE RUN SOUTH 0 DEGREES 30 MINUTES 12 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 259.58 FEET TO THE CENTERLINE OF A GOLF CART EASEMENT;THENCE RUN SOUTH 79 DEGREES 05 MINUTES 20 SECONDS EAST ALONG SAID CENTERLINE FOR 59.14 FEET TO A POINT OF CURVATURE; THENCE RUN EASTERLY ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 200.00 FEET (CHORD DISTANCE 125.84 FEET, CHORD BEARING NORTH 82 DEGREES 34 MINUTES 27 SECONDS EAST) FOR 128.02 FEET TO THE POINT OF BEGINNING. AND PARCEL NO. 2 A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL BEING A PART OF BLOCK F, PALM RIVER ESTATES, UNIT NO. 4, AS RECORDED IN PLAT BOOK 8, AT PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FORMERLY DESCRIBED AS RIVER ROYALE, PHASE 3, IN OFFICIAL RECORDS BOOK 847, PAGE 287, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK F, RUN NORTH 0 DEGREES 33 MINUTES 33 SECONDS WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF PALM RIVER BOULEVARD, ACCORDING TO THE PLAT OF PALM RIVER ESTATES, UNIT NO. 2, AS RECORDED IN PLAT BOOK 3, AT PAGE 96, OF SAID PUBLIC RECORDS; FOR 216.19 FEET; THENCE RUN SOUTH 89 DEGREES 27 MINUTES 12 SECONDS WEST ALONG THE RIGHT OF WAY LINE OF SAID PALM RIVER BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 672, AT PAGE 401, OF SAID PUBLIC RECORDS, FOR Palm River('urporaie Housing RI'! I)PL2023001/3/') livr,h,r '' 'U'a Page G of 1(1 9A 22.35 FEET; THENCE RUN NORTH 0 DEGREES 30 MINUTES 12 SECONDS WEST ALONG THE EASTERLY RIGHT OF WAY OF SAID PALM RIVER BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 672,PAGE 401, FOR 110.50 FEET TO THE CENTERLINE OF A GOLF CART EASEMENT;THENCE RUN SOUTH 79 DEGREES 05 MINUTES 20 SECONDS EAST ALONG SAID CENTERLINE FOR 59.14 FEET TO A POINT OF CURVATURE; THENCE RUN EASTERLY ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 200.00 FEET (CHORD DISTANCE 125.84 FEET, CHORD BEARING NORTH 82 DEGREES 34 MINUTES 27 SECONDS EAST)FOR 128.02 FEET TO THE EASTERLY LINE OF SAID BLOCK F; THENCE RUN SOUTH 30 DEGREES 33 MINUTES 33 SECONDS EAST ALONG SAID EASTERLY LINE FOR 190.47 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK F; THENCE RUN SOUTH 56 DEGREES 37 MINUTES 18 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK F FOR 304.49 FEET TO THE POINT OF BEGINNING. CONTAINING 2.06 ACRES, MORE OR LESS Palm River('oiporale Housing RI'( /'1.2(I230011319 (Ic•Inher 22. 2024 Page -of 10 •c 7 9A EXHIBIT E LIST OF DEVIATIONS Deviation#1: Relief from LDC Section 4.05.04, Table 17, Parking Space requirements for multi- family dwellings,which requires: All units shall have 1 per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed 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 normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. To instead require no additional parking for the on-site recreation facilities to be provided. Deviation #2: Relief from LDC Section 4.07.02.G.1, Open space requirements, which requires at least 60 percent of the gross area shall be devoted to usable open space within PUD districts composed entirely of residential dwelling units and accessory uses to instead allow 50 percent of the gross area be devoted to usable open space. Patin River Corporate housing RI'( I)PI'n'3(U11319 (.k 1oher 22 2024 Page A'of/11 1E; ) 9 A EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS 1. PURPOSE: The purpose of this Section is to set forth the development commitments for the development of this project. 2. GENERAL: 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 PUD. At the time of this PUD approval, the Managing Entity is Palm River Accommodations, LLC, 1205 Creekside Pkwy, #210, Naples, FL 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. The annual PUD Monitoring Report shall identify the number of dwelling units utilized for transitional Corporate Housing,as defined in Exhibit F 6.A. C. 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."(Section 125.022, FS) D. All other applicable state or federal permits must be obtained before commencement of the development. E. Recreational amenities will not be located on the rooftop. 3. TRANSPORTATION: A. The maximum total daily trip generation shall not exceed 16 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. 4. ENVIRONMENTAL: A. No native preservation area is required as there is no native vegetative community on the property. Palm River 1'orporafe Housing RPf U 1'1?02300113/9 October 22 2024 Pak")a 10 9 A I 5. AFFORDABLE HOUSING: A. In the event property is no longer utilized entirely for Transitional Corporate Housing, 8 dwelling units shall be required to be income restricted to individuals or families having incomes up to and including 100%Area Median Income(AMI)for Collier County. These units will be committed for a period of 30 years from the date the property ceases to be utilized for corporate employee housing and the managing entity notifies the county manager or designee in writing.Income and rental limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units(if developed), including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. By way of example,the 2023 Florida Housing Finance Corporation Income and Rent Limits are: Y1n,..L. N N1r.Mr of Polio«8.11 o.a bolo by 4Mr.t.r el..b«.».woe tots '===--i hhp,y t � I 1 1 .colder 30% ,.:..- •,... $ 21.000 $ _ 24.000.$ 30,000 S 562.$ 675 $ 814 caller 50% Par t-j S— 34,9501$ 33,9S0,S 49.900 S 936_S 1.123'S 1,297 Mdoon 60% ... $ --- 41,940' $ 47,940 $ 53.940 S 1.123 S 1.343.S...1.557 Ha,..M d SOS u. $ SS.900 $ UM MAW _.$ 1.417'g 1,717 $ 2,076 r..o..e 100% amidst $ WOO-$ 71,M0 $ MOOS $ 1.172 5 2.247 S 2.515 S1oo.7ao 12016 ,ma.**,$ $3.11D $ MOW $ 119,760 $ 2,247 $ 2,697 f S 3,114 w 140% $ 97,160 $ 111,160_$ 139.720 _S 2,621 S 3.146 f S 3.633 4..n.MAO 2C21 N.Y..•Rw.w.rrrn•s..- .MR.CA.M••.... .,-. Palm River('orporaie Housing RP( 1)P1?0230011319 October 22. 2024 Page 10 of 10 J 9A e rr cou N. �4��w o� a P Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel tx — Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 �ol `�� Phone: (239) 252-2646 �Fk��Ut;N'T�� Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Palm River Corporate Housing Residential Subdistrict (Small Scale GMPA) & (PUDZ) (PL20230011318 & PL20230011319) (BCC 12/10/24)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 11/20/2024 until 12/12/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. kili- ‘ NIFT\—a)--1-4---k---K. ( iant Signat. :C.c.., (Affiant Printed Name) Sworn to and subscribed before me this 12/12/2024 •Crystal.K. Kin c erk of the Circuit Court& Comptroller ) , (Depu A Cl•r a Signat e) /' 6' (De! ty Clerk Print d Name) Dat 9 A ' r NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on December 10, 2024, in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE PALM RIVER CORPORATE HOUSING RESIDENTIAL SUBDISTRICT TO THE URBAN MIXED USE DISTRICT TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.06th ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230011318] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 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 RESIDENTIAL MULTI-FAMILY-16 ZONING DISTRICT(RMF-16)TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS PALM RIVER CORPORATE HOUSING RPUD, TO ALLOW UP TO 41 MULTI-FAMILY RENTAL DWELLING UNITS OR 41 TRANSITIONAL CORPORATE HOUSING RENTAL DWELLING UNITS,ON 2.06f ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF PALM RIVER BOULEVARD AT VIKING WAY, IN SECTION 23, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230011319] 9A 9 I Pair„.., .��i { rya CjR �• Project Her CIO 4 E �, , Location WAY e c) a — Vik ing WAY ? :, • ' w/J S$wgrass a a CT 0 OO • • ' Mentor O / • DR CO) 16:k1' i CC oo 68) S or : •,..:,. D 3 Johnnycake CU 4 c - a„nn CAR ) 6 . .I, c Q• DR Rt 4.4 lr oa oz ) , V A )• ) • - : LV D r I�okaleeR� (i'. A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to 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 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 9A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K. KINZEL, CLERK By:Yani Fernandez,Deputy Clerk (SEAL) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he Ionsarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature.draw a line through routing lines#I through#2.complete the checklist,and forward to the County Attorney.Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office ,, eA 6{— --i3 4. BCC Office Board of County Commissioners 0.1iry�j�sf izi/(,J2y 5. Minutes and Records Clerk of Court's Office t2111k5 1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created'prepared the Executive Summary Primary contact information is needed in the went one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was December 10,2024 Agenda item Number 9.B. Approved by the BCC Type of Document Ordinance 'r Number of Original 1 Attached U '1' 5� Documents Attached PO number or account 131-138326-649030-00000 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column.whichever is Yes N'A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? if yes. N'A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed'initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N'A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SiRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 10,2024 (date)and all f `\' N/A is not changes made during the meeting have been incorporated in the attached document. \\ an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the �L/ N/A is not BCC.all changes directed by the BCC have been made,and the document is ready for the r an option for Chairman's signature' this line. 1 Forms County Forms'BCC Forms/Original Documents Routing Slip WWWS Original 9.03.04.Revised 126.05,Revised 2.24.05:Revised 11/30/12 9B ORDINANCE NO. 2024-5 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42, AS AMENDED, 96-74, 98- 13, 18-27, AND 2000-84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT,TO INCREASE THE NUMBER OF DWELLING UNITS FROM 6,000 TO 6,750, BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES; AND DECREASE PARK AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE- FAMILY TO MULTI-FAMILY DWELLINGS EXCLUDING SECTION 29; TO CHANGE INTENSITY OF GROUP HOUSING FROM 26 UNITS PER ACRE TO A FLOOR AREA RATIO OF .60; TO ADD ADULT CONGREGATE LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT; TO REMOVE LAKES AND RECONFIGURE RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE; TO AMEND MASTER PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15, 22, 23, AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19, AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA. [PL 20210003112] WHEREAS, on June 12, 1984, the Collier County Board of County Commissioners approved Ordinance Number 84-42, establishing the Marco Shores Planned Unit Development; and WHEREAS, subsequent to said approval,the Marco Shores PUD was amended on several occasions;and WHEREAS, on July 23, 1996, the Marco Shores PUD was again amended by Ordinance Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek area of said PUD;and L22-CPS-02205/1871795/1]413 Underlined text is added;Struck through text is deleted. Fiddler's Creek/Marco Shores PUDA PL20210003112 Page 1 of 3 6/11/24 9B WHEREAS, on November 26, 1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD;and WHEREAS, on February 24, 1998, the Board of County Commissioners approved Ordinance Number 98-13 to add 1,385 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek PUD; and WHEREAS, on December 12, 2000, the Board of County Commissioners adopted Ordinance Number 2000-84 to add ±168 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek; and WHEREAS, on May 22, 2018, the Board of County Commissioners adopted Ordinance Number 2018-27 to change development areas and requirements;and WHEREAS, Richard D. Yovanovich, Esquire,of Coleman, Yovanovich& Koester, P.A., and Wayne Arnold of Q. Grady Minor&Associates,P.A.representing FCC Preserve LLC,petitioned the Board of County Commissioners of Collier County,Florida,to amend the PUD;and WHEREAS,the Collier County Planning Commission held public hearings on the petition on April 18,2024,May 2,2024 and July 18,2024;and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NOS. 84-42, AS AMENDED AND 96-74, 88-13 AND 2000-84,THE MARCO SHORES/FIDDLER'S CREEK COMMERCE PARK PUD. The Planned Unit Development Document in Ordinance Numbers 84-42, as amended, and 96-74, 98-13 and 2000-84, is hereby amended by Exhibit A attached hereto and incorporated by reference herein. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held t22-CPS-02205/1871795/11413 Underlined text is added;& s1E-tHrough text is deleted. Fiddler's Creek/Marco Shores PUDA PL20210003112 Page 2 of 3 6/1IR4 98 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. 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. 2024-5 I becomes effective. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this /Qaay of be Li? rn T , 2024. ATTEST: , ' .� BOARD OF COUNTY COMMISSIONERS CRYStAL K:;KINZEL,CLERK COLLIER COUNTY, FLORIDA • {i • C S By: i-X1`L By: Attest as to Chairman1s,Dep ' Cle s Hall, Chairman signature only Approved as to form and legality: (Nt At' A— G Heidi Ashton-Cicko 6-11-24 Managing Assistant County Attorney Attachment: Exhibit A— PUD Document This .ordinarfce filed with the Secretary of Stote„S�office th �dayof� , and acknow.edgetnennt0 that filing rec ived this of � >3y w j22-CPS-02205/1871795/I]413 Underlined text is added:i tfue-ik-though text is deleted. Fiddler's Creek/Marco Shores PUDA PL20210003112 6/1124 Page 3 of 3 96 AMENDMENT TO MARCO SHORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO: FIDDLER'S CREEK PREPARED BY: GEORGE L. VARNADOE,ESQ. YOUNG, VAN ASSENDERP&VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES,FL 31108 (911)597 2811. AMENDED BY: D. WAYNE ARNOLD,AICP Q. GRADY MINOR AND ASSOCIATES,P.A 3800 VIA DEL REY,BONITA SPRINGS,FL 31131- 239 917 1111 AND R. BRUCE ANDERSON,ATTORNEY AT LAW CHEFFY PASSIDOMO,P.A. 821 5TH AVENUE SOUTH,NAPLES, FL 31102 239 261 9300 RICHARD D. YOVANOVICH,ESQ. COLEMAN,YOVANOVICH AND KOESTER,P.A. THE NORTHERN TRUST BUILDING,4001 TAMIAMI TRAIL NORTH, SUITE 300,NAPLES, FLORIDA 34103 239.435.3535 DATE FILED: DATE APPROVED BY CCPC:. DATE APPROVED BY BCC: MAY 22,2018 ORDINANCE NUMBER: 18-27 AMENDED HEX DECISION: 2021-44 Words underlined are additions;words struckthroug:are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 1 of 78 9B INDEX PAGE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT 6 SECTION III RESIDENTIAL LAND USE DISTRICT 15 DEVELOPMENT (FIDDLER'S CREEK) SECTION IV MULTI-FAMILY RESIDENTIAL DEVELOPMENT 21 SECTION V PRESERVE DISTRICT (FIDDLER'S CREEK) 24 SECTION VI BUSINESS DEVELOPMENT 27 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 31 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 33 STIPULATIONS AND COMMITMENTS SECTION VII GOLF COURSE AND CLUB CENTER DEVELOPMENT 37 SECTION VIII PARKS AND RECREATION DEVELOPMENT 39 SECTION IX UTILITY/ELECTRIC DEVELOPMENT 41 SECTION X MARINA DEVELOPMENT 42 SECTION XI DEVELOPMENT STANDARDS 44 SECTION XII STIPULATIONS AND COMMITMENTS 55 EXHIBIT "A" MASTER PLAN EXHIBIT "B" LOCATION MAP EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS EXHIBIT "D" IMPROVEMENT ESCROW AGREEMENT EXHIBIT "E" LETTER OF COMMITMENT EXHIBIT "FC-A1" FIDDLER'S CREEK MASTER PLAN EXHIBIT "FC-C1" LEGAL DESCRIPTION OF FIDDLER'S CREEK EXHIBIT "FC-F" FIDDLER'S CREEK ROADWAYS CROSS-SECTION EXHIBIT "FC-G" AIRPORT OVERLAY ZONE EXHIBIT "FC-H" BERM, BUFFER CROSS SECTION EXHIBIT FOR SECTION 29 Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PLID Last Revised December 13,2024 Page 2 of 78 9B SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of MARCO SHORES PLANNED UNIT DEVELOPMENT. 1.2 LEGAL DESCRIPTION The development is comprised of several geographic areas generally referred to as Unit 30, Unit 24,Isle of Capri,Barfield Bay Multi-family,John Stevens Creek,Horr's Island(Key Marco),and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. The legal description for the Fiddler's Creek area of the PUD is found in Exhibit"FC- Cl"to this document. Fiddler's Creek is partially located in Unit 30. 1.3 PROPERTY OWNERSHIP The subject property, with the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243± acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01± acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 together with the Fiddler's Creek Addition as defined in Section 1.7 within the Fiddler's Creek PUD is owned by FCC Marsh,LLC, a Florida limited liability company, hereinafter referred to as Developer, which owns undeveloped portions of Fiddler's Creek DRI; FCC Aviamar, LLC, a Florida limited liability company,which owns developed portions of Fiddler's Creek, and FCC Preserve,LLC, a Florida limited liability company, which owns the eastern undeveloped Fiddler's Creek Addition; FCC Veneta, LLC, a Florida limited liability company, all successors by conversion; FCC Commercial, LLC, a Florida limited liability company, FCC Creek, LLC, a Delaware limited liability company, FCC Golf Club, LLC, a Florida limited liability company, and FC Oyster Harbor, LLC, a Delaware limited liability company; GB Hidden Cove, LLC, a Florida Limited liability company. A portion of Unit 30, together with the Fiddler's Creek Addition as defined in Section 1.7 will be known as and referred to as Fiddler's Creek and is described in Exhibit FC- Cl. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. Marco Shores Planned Unit Development lies in and north of the present existing community of Marco Island. The A portion of the project areas have been defined in a Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 3 of 78 9B Stipulation for Dismissal and Settlement Agreement (herein "Settlement Agreement") between The Deltona Corporation and federal and state agencies, Collier County, and various conservation groups. That Settlement Agreement was dated July 20, 1982, and provides for the development of a portion of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The Fiddler's Creek Addition as defined in Section 1.7 comprised of 2,265.9 acres are not subject to the Settlement Agreement. The total area of development included in this planned unit development project is 4439.31 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S. Highway 41. The Isle of Capri business tract is located on the northwest corner of the intersection of State Road 951 and 953. The Barfield Bay Multi- family, John Stevens Creek and Goodland Marina development areas are located in the eastern section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. Horr's Island (Key Marco) is a separate island south of but immediately adjacent to the Barfield Bay Multi-family area in the eastern portion of Marco Island. B. Various current zoning classifications are applicable to the separate areas of the development. Unit 30, Isle of Capri, and Horr's Island development areas are currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield Bay Multi- family, John Stevens Creek and Goodland Marina areas are currently platted and zoned as Residential Property with some ST overlay. 1.5 PHYSICAL DESCRIPTION The Unit 30 development tract is flat pineland gently sloping to the south. Typical elevation of the property is approximately 4-1/2 feet above mean sea level.The southern boundary of the tract has been established by federal and state agencies as the northern limit of the adjacent impounded wetlands in the area east of State Road 951. The Unit 24 development area is comprised of some impounded wetlands and pine and palmetto vegetation established on land reaching an elevation in some spots to 8 feet above mean sea level. The boundaries of this development tract have been established by state and federal agencies as the landward limits of the valuable mangrove wetlands in the area. Isle of Capri business tract is comprised of an upland area that previously has been used as a dump site as well as some flinging wetlands. The development boundary of this site has been established by state and federal agencies. Words underlined are additions;words struckgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 4 of 78 98 Barfield Bay Multi-family and John Stevens Creek areas are comprised of large areas of scarified land where the high ridge fill has been removed in past years. The fringes to these areas are composed of hammock vegetation. Goodland Marina site has been a historic dump site in the Goodland area. Some wetland areas have been approved for development to allow this water related recreational facility. The waterward boundary of this Tract has also been established by state and federal agencies. Horr's Island(Key Marco): This island is characterized by a high ridge reaching to 38 feet above sea level. Historic occupation of this island has variously used it for pineapple plantations and other farming. The natural hammock vegetation however has been reestablished on these farmed areas. The island is characterized by steep side slopes and high central spine elevations. Water Management for the proposed project will be as conceptually described in the state-federal agreement as modified by stipulations included in this document as a result of a detailed review by the Water Management and Environmental Review Committees. 1.6 PROPER NAME The lands described in Exhibit FC-C 1 Unit 30 portion of the Marco Shores PUD is now known as-and shall be referred to hereinafter as Fiddler's Creek. 1.7 COMMUNITY DEVELOPMENT DISTRICTS The developer of Fiddler's Creek has may established a _Community Development Districts ("CDD"), for the property owned by developer within the Unit 30 portion of the Marco Shores PUD,together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the Fiddler's Creek Addition and the 168 acres added to the Fiddler's Creek PUD by this amendment. As recognized by Development Order 81 3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities -,.1 i f..structure to Fiddler's Creel cl,,. ing tL.e .dditions thereto The Fiddler's Creek Addition and the 168 acres added to Fiddler's Creek by Ordinance No.2000 81 are is amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1999). The 168 acres added to Fiddler's Creek by Ordinance 2000-84,the 690 acre addition to Fiddler's Creek in Section 13,Township 51 South,Range 26 East(herein"Section 13")approved in Collier County Development Order 96-4 (Res. No. 96-530),the 22.9 acre addition approved in Collier County Development Order 96-1 (Res. No. 96-333) and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East approved in Collier County Development Order 98-1, Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 5 of 78 98 (Res.No. 98-49) are herein collectively referred to as the Fiddler's Creek Addition. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 6 of 78 9B SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT. 2.2 GENERAL A. Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable section and parts of the "Collier County Land Development Code". B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set forth in "Collier County Land Development Code". 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project site plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek.The development tracts are illustrated individually and each development tract includes various land uses. A summary of the land uses in each development area is summarized on the table below. B. Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. C. In addition to the various areas and specific items shown in the development site plans, such easements(utility,private, semi-public,etc.)shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Master Plan, as amended, for Fiddler's Creek Exhibit "FC-A1" (this Exhibit supersedes the Marco Shores Master Plan Exhibit "A"), is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek(Unit 30) are included in the Land Use Summary below. Words underlined are additions;words struck are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 7 of 78 9B LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT(Excluding Fiddler's Creek) LAND USE UNIT 24 ISLE OF HORR'S BARFIELD J S CREEK GOODLAND Total CAPRI ISLAND BAY MF MF MARINA Residential 142.30 105.89 28.80 12.10 289.09 Multi-family Single-Family 0.00 Residential 142.30 105.89 28.80 12.10 289.09 Business 12.60 7.44 1.70 21.74 Parks 13.20 32.30 4.10 49.6 Recreation and Open Space** 10.00 4.70 15.02 29.72 Schools 12.00 12.00 - Utility 10.00 10.00 Comm.Facilities 2.00 2.00 Churches 5.00 5.00 Lakes 30.80 30.80 Roads 23.60 10.60 .30 .81 35.31 Other 16.07 5.54 .44 22.05 TOTAL PUD 277.57 7.44 142.89 49.04 14.54 15.83 507.31 ACRES**** Residential Units 2544 300 314 72 3230 Development 9.17 2.10 6.40 4.95 0.00 6.37 Tract Density *Not differentiated **Includes 756.4 acres of preserve ****Original PUD did not include 12f acres of preserve in acreage Words underlined are additions;words struckt'rough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 8 of 78 9a LAND USE SUMMARY FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT(UNIT 30) LAND USE DESCRIPTION ACREAGE R Residential 1,2801,330 R-GC-LAKE Residential/Golf/Lake 140 B Business/Commercial 55 P Parks 12878 GC Golf Course 393 RA Recreational Amenities 43 CF Community Facility 6 Road Right-Of-Way 199 Preserve756 Lakes 641 Miscellaneous(Open Space/Buffers,Drainage Easement 237248 U Utility(Existing) 43 TOTAL PUD ACRES(1) 3932 Residential Units €40067504.-1+4-. (1)all acreages are approximate 4..1.i.4Original PUD did not include 12*acres of preserve in acrcago a.****Gisubject to Section 3.2.and Section 5.A maximum of 750 units may be constructed in Section 29. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 9 of 78 9B 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 932409,980 residential dwelling units,single and multi-family, shall be constructed in the total project area. The gross project is 4439.30 acres. The gross project density, therefore, is 2.082.30 per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area Acres Dwelling Unit Gross Density Fiddler's Creek*(Unit 30) 3,932 6,0006,750 1.531.72 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A 4,439.3 9,2309,980 2- -82.30 *includes lands in Unit 30 and outside Unit 30 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. B. Exhibit "A" - Master Plan, constitutes the required PUD Development Plan and the Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval.Exhibit"FC-A 1"Fiddler's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC- C l" hereof. Words underlined are additions;words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 10 of 78 9B 2.6 SITE PLAN APPROVAL When site plan approval is required by this document, the following procedure shall be followed: A. A written request for site plan approval shall be submitted to the Development Services Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. 2.7 FRACTIONALIZATION OF TRACTS A. When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a subsequent owner,or proposes development of such property himself,the developer shall provide to the Development Services Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. B. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director for approval,prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. C. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. D. The developer of any tract or building parcel must submit,prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Land Development Code requirements for site development plan Words underlined are additions;words sP%e•elEtlfrotigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 11 of 78 9B approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. E. In evaluating the fractionalization plans,the Development Services Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. F. If approval or denial is not issued within twenty (20)working days,the submission shall be considered automatically approved. G. In the event the Developer violates any of the conditions of this PUD Ordinance, or otherwise fails to act in full compliance with this PUD Ordinance, the County shall, pursuant to the notice and hearing requirements of this Section: 1. Stay the effectiveness of this PUD Ordinance; and 2. Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel,or portion of the tract or parcel upon which the violative activity or conduct has occurred. As a prerequisite to such action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. If a violation takes place, the County shall give the violator written notice by certified mail, return receipt requested. Said notice shall state the following: 1. The nature of the alleged violation; and 2. The tract or parcel or portion of the tract or parcel, upon which the violative activity or conduct has occurred; and 3. That the violation must be cured within fifteen(15)days of the date of the notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt of this notice; and 4. That if the violation is not cured within such time period, the Board of County Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 12 of 78 9B Commissioners shall hold a public hearing to consider the matter; and 5. That the hearing must be held no less than fifteen(15)days nor more than thirty (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen(15)day period,the violator's commencement of diligent, good faith efforts to cure said violation within this period shall obviate the need to hold the public hearing. The PUD Ordinance shall remain in full force and effect during the pendency of the cure period. In the event the violator fails to commence diligent good faith efforts to cure or to pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violation by the Developer, its agents, grantees, successors or assigns. For purposes of this Section, the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development area. 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended in the Settlement Agreement, except for the Fiddler's Creek Addition,which shall be pursuant to the Land Development Code requirements. 2.9 USE OF RIGHTS-OF-WAY Within Fiddler's Creek, lands within project rights-of-way may be utilized for landscaping. decorative entranceways, gates, gatehouses, and signage subject to review and administrative approval of the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any such installations. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 13 of 78 9B 2.10 ROADWAYS Standards for roads within Fiddler's Creek shall be in compliance with the applicable provisions of the Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived, or excepted by this PUD or as approved during the platting process. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Land Development Code. The Developer also reserves the right to install gates, gatehouses, and other access controls on all project roadways. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffer, berms, fences and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: A. Landscape berms over two feet (2') in height 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 When the provisions of 2.11A are utilized,native shade trees shall be planted twenty-five feet(25')on center,along the exterior side of the berm, equal in height or greater than the completed height of the berm. B. Fence or wall maximum height: six feet(6'), as measured from the finished grade of the ground at the base of the fence or wall, except that an eight foot(8')fence or wall may be permitted, with the approval of the Development Services Director, at the perimeter of the project,where the project uses would be proximate to dissimilar uses.For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases,the wall or fence shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet(4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 14 of 78 9B easement on final plats, or in a separate recorded instrument. D. Fence, and walls which are an integral part of security and access control structures such as gatehouses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right- of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths,water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 2.4 Landscaping and Buffering. 2.12 MARCO ISLAND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddler's Creek portion of the PUD only. A. Collier County has adopted special regulations for specified areas in and around the airports in Collier County in the form of Airport Overlay Zoning Districts. Some of the property within Fiddler's Creek is within the Airport Overlay District adopted for Marco Island Executive Airport ("APO"). This Airport Overlay Zoning District concept is codified as Section 2.2.23., Land Development Code. B. Notwithstanding any other provision of this Ordinance,there shall be no uses or structures within that part of Fiddler's Creek owned by developer that conflict with the height restrictions depicted on Exhibit "FC-G", which portray the applicable provisions of Part 77, Federal Aviation Regulations, applicable to this other than utility non-precision instrument approach airport having visibility minimums greater than 3/4 of a statute mile, or provisions of Section 2.2.23., Land Development Code, relating to land uses, as it exists on the day of approval of this Ordinance. C. Developer shall give notice of the existence and restrictions of Section 2.12B by noticing the same, along with Exhibit"FC-G", in the restrictive covenants for Fiddler's Creek and by providing notice thereof in its contracts for the sale of property and residential units within Fiddler's Creek. 2.13 DEED RESTRICTIONS Some properties within the Fiddler's Creek portion of Unit 30 may be governed by recorded covenants,conditions or restrictions which will limit types of structures and specify development standards that are more stringent than those specified in this PUD document. Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 15 of 78 9B SECTION III RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK(EXCLUDING SECTION 29) 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC-A l" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.2 MAXIMUM DWELLING UNITS A maximum number of 3000 3,750 multi-family dwelling units and 3000 single family dwelling units may be constructed on lands designated "R",(The number of single family dwelling units may be increased by converting (2) two multi-family dwelling units for each single family dwelling unit above 3000 single family dwelling units). The number of multi-family dwelling units may be increased by converting(1)one single-family dwelling unit for(2)two multi-family dwelling units. However,the maximum number of dwelling units in the PUD, other than Section 29, may not exceed 6,000 units through use of the conversion. Group care facilities do not count against residential density. The 750 units permitted and limited solely to 49.9± acres in Section 29 may not be subject to the conversion. Not withstanding the foregoing, the maximum number of dwelling units for Fiddler's Creek is 6,750 units. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Fiddler's Creek 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 indicated on the Master Plan is 1280 1330 acres. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 16 of 78 9B 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) Two-family and Duplex Dwellings. (4) Single Family Attached and Townhouse Dwellings. (5) Cluster Housing (6) Multi-Family Dwellings including Garden Apartments. (7) Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table 1. (8) Model Homes and Sales Centers, as provided in Section 3.6. (9) Group Housing including: Group Care Facilities (Categories I and II), and Family Care Facilities1 including living facilities, assisted living facilities, skilled nursing for continuing care retirement communities only on locations shown on Exhibit"FC-Al"and subject to a Floor Area Ration (FAR) of 0.6 (see FAR Deviation, Section 3.7.A). (10) 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" District. B. Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with principal uses permitted in this district. Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 17 of 78 9B (2) Up to 3 caretaker residences may be permitted within gatehouse structures in the PUD. the caretaker residences do not count toward the maximum number of dwelling units within the PUD. (23) 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" 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 categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 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 Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Plan 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 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. In the case of residential structures with a common architectural theme,required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Words underlined are additions;words strgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 18 of 78 9B G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. H. Property abutting RSF-3 zoned land shall have a fifty foot (50') minimum setback from the PUD boundary and a Type "B" buffer as specified in LDC Subsection 2.4.7.4. I. Parking for pool and recreational areas within residential development tracts shall be at a minimum of two (2) spaces for each fifty (50) dwelling units. 3.6 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and signs shall be permitted principal uses in this and Sections VI and VII, as those sections relate to Fiddler's Creek, subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. 3.7 ADULT CONGREGATE LIVING GROUP HOUSING CARE FACILITIES(ACLF) The development standards for Group Housing including,ACLF units and other permitted Group Care units shall be as set forth for multi family dwellings.Group Care Facilities(Categories I and II), Family Care Facilities, independent living facilities, assisted living facilities, skilled nursing or continuing care retirement communities, and other group housing as defined in the LDC are subject to the standards in Table I. Group housing facilities do not count against residential density but are subject to a maximum FAR of 0.6. The maximum density intensity for ACLF group housing facilities and other types of elderly care/group care housing shall be 26 units per gross acrean FAR of 0.6. Group housing facilities are not permitted in Section 29. A. FAR Deviation: Relief from LDC Section 5.05.04.D.1,"Group Care",which states the maximum floor area ratio shall not exceed 0.45 to instead allow a maximum floor area ratio of 0.6. B. Operational Requirements for Group Housing Facilities Group housing for senior uses shall provide the following services and/or be subject to the following operational standards: Words underlined are additions;words struck hrouegh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 19 of 78 9B I. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies,music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 8. There shall be an emergency generator to serve the project with sufficient fuel supply for 5 days. The generator shall be equipped with a noise attenuation device or shall be enclosed. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 20 of 78 9B TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREAS (See Table II of Section VIII for Section 29 Development) PERMITTED USES AND SINGLE PATIO& TWO SINGLE MULTI- STANDARDS FAMILY ZERO FAMILY& FAMILY FAMILY DETACHED LOT LINE DUPLEX ATTACHED DWELLINGS/ & Townhouse GROUP HOUSING Category 1 2 3 4 5 Minimum Lot Area 6500 SF 5000 SF 3500 SF *4 3000 SF 1 AC Minimum Lot Width*5 50 40 35 30 150 Front Yard 25 20 *3 20 *3 20 *3 25 Front Yard for Side Entry Garage 15 10 10 10 15 Side Yard 7.5 *6 0 or 7.5 0 or.5 BH .5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Accessory 10 5 10 10 15 Rear Yard Special *1 10 5 10 10 .5 BH Maximum Building Height*2 35 35 35 35 100 *7 *8 Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH Floor Area Min. (S.F.) 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on lots which abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. With approval from Fiddler's Creek Design Review Committee,front yards shall be measured as follows: • If the parcel is served by a private road, setback is measured from the back of curb (if curbed)or Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 21 of 78 9B edge of pavement(if not curbed). *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 Single family dwellings which provide for two (2)parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five feet(5') for the garage and fifteen feet(15') for the remaining structures. *4 Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 Minimum lot width may be reduced by fifty percent(50%)for cul-de-sac or curved frontage lots provided minimum lot area requirement is still maintained,and minimum lot widths are obtained at front of the buildable area when setbacks are applied. *6 Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard, or a minimum of ten feet(10') of separation between structures shall be maintained at all points. *7 Maximum height of structures shall be ten (10) stories or one-hundred feet (100'), whichever is greater. *8 Structures over four (4) stories and fifty feet (50') in height shall be set back a minimum of the building height from (a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts rural designated land; and(b)where the abutting land use (on a separate tract) is a single family, attached or detached, dwelling unit. Words underlined are additions;words struck5truelc-thretigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 22 of 78 9B SECTION IV MULTI-FAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF,JOHN STEVENS CREEK AND HORR'S ISLAND DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Low Density Multi-Family Residential - Map Designation "MF". Detailed architectural site plans will be developed when appropriate and must be approved by the proper County agencies as in conformance with the Final Development Plan and the PUD document prior to the issuance of any construction permit. 4.2 MAXIMUM DWELLING UNITS A maximum number of multi-family dwelling units may be constructed. DEVELOPMENT AREA TOTAL MF DWELLING UNITS Unit 24 2,544 Barfield Bay MF 314 John Stevens Creek 72 Horr's Island 300 Isle of Capri 0 Goodland Marina 0 Total Multi-Family Units 3,230 4.3 USES AND STRUCTURES No building or structure, or part thereof, shall be erected, or 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) Multi-family dwellings. (2) Group housing,patio housing and cluster housing. (3) Townhouses. B. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 23 of 78 9B (2) Model homes as permitted by the Land Development Code in effect at the time a permit is requested. C. Prohibited Uses and Structures: Any use or structure not specifically permitted herein is prohibited. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: one (1) acre. B. Minimum Lot Width: 150 feet. C. Minimum Yard Requirements: (1) Buildings up to and including forty (40) feet in height: (a) Front- Thirty-Five (35) feet. (b) Side - Twenty-Five (25) feet. (c) Rear- Thirty-Five (35) feet. (2) Buildings over forty (40) feet in height: (a) Fifty-five (55)percent of the building height. (3) Lots abutting Settlement Agreement Development Line - Thirty-five (35) feet. However, in John Stevens Creek, Horr's Island and Barfield Bay Multi-family Areas the setback may be altered as determined by EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. D. Maximum Height of Structures: Ten (10) stories or one-hundred (100) feet whichever is greater. E. Maximum Density:Net site densities for each development area as follows: Unit 24 - 19 DU/AC Key Marco - 10 DU/AC Barfield Bay - 16 DU/AC John Stevens Creek - 10 DU/AC F. Distance Between Structures:Between any two(2)principal structures on the same parcel there shall be provided a distance equal to one-half(1/2)the sum of their heights. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 24 of 78 96 G. Minimum Floor Area: 750 square feet. H. In the case of group housing, patio housing or clustered housing with a common architectural theme the minimum lot area, lot width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2.6. 4.5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.6 MINIMUM OFF-STREET PARKING As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. 4.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions;words stpuelc-througlh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 25 of 78 98 SECTION V PRESERVE DISTRICT FIDDLER'S CREEK 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on the Master Plan, as Preserve. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve district is to retain viable naturally functioning systems, to allow for restoration and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's Creek development and the adjoining state owned lands, and to provide an open space amenity for the enjoyment of Fiddler's Creek residents. 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) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating trails. (4) Water management facilities,structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. (7) 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 RPreserve District. Words underlined are additions;words strute' .ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 26 of 78 9B B. Access to Parcel 110 may be constructed through the Preserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the Preserve District. (1) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek. (3) The accessway shall not be considered a road or right-of-way, but shall be treated as a private accessway for the residents of Fiddler's Creek. Therefore, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Department Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB"). 5.4 DEVELOPMENT STANDARDS A. Within Fiddler's Creek, with the exception of Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5') from Preserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in Fiddler's Creek Addition, extending at least fifteen feet (15') landward from the edge of wetland preserves in all places and averaging twenty-five feet(25') from the landward edge of wetlands. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures -Twenty-five feet(25'). D. Minimum distance between principal structures -Ten feet(10'). E. Minimum distance between accessory structures -Five feet(5'). F. Minimum floor area-None required. G. Minimum lot or parcel area-None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval.Unless otherwise indicated, required yards,heights, and floor area standards apply to principal structures. Words underlined are additions;words struckgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 27 of 78 9 B 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.1.7.33.05.07 H.l.d, to the extent such section does not conflict with said Management Plan requirements. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 28 of 78 9B SECTION VI BUSINESS(MAP DESIGNATION "BUSINESS) UNIT 30FIDDLER'S CREEK,UNIT 24,AND JOHNS STEVENS CREEK DEVELOPMENT AREAS 6.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" and "FC-A1" as Business. Commercial development in Unit 30, Fiddler's Creek is limited to 325,000 square feet of gross floor area. 6.2 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) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (2) Bakery shops; bait and tackle shops;banks and financial institutions;barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Dwelling units, multi-family(permitted in Unit 30Fiddler's Creek PUD only) (6) Electrical supply stores; equipment rentals including lawn mowers and power saws. (7) Fish market-retail only; florist shops; fraternal and social clubs;funeral homes; furniture stores; and furrier shops. (8) Garden supply stores, outside display in side and rear yards; gift shops; glass Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 29 of 78 98 and mirror sales -including storage and installation; and gourmet shops. (9) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. (10) Ice cream stores. (11) Jewelry stores. (12) Laundries - self-service only; leather goods; legitimate theaters; liquor stores; and locksmiths. (13) Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. (14) Office - general; and office supply stores. (15) Paint and wallpaper stores;pet shops;pet supply shops;photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; and professional offices. (16) Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants. (17) Self-storage(indoor,air conditioned),permitted in -0 Fiddler's Creek only. (18) Shoe repair, shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. (19) Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. (20) Upholstery shops. (21) Variety stores; veterinarian offices and clinics -no outside kennels. (22) Watch and precision instrument repair shops. (23) Car wash. (24) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. (25) Group Care Facilities(Category I and II); Care Units;Family Care Units;Adult Congregate Living Facilities, Independent Living Facilities, Assisted Living Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 30 of 78 9B Facilities, Skilled Nursing and Continuing Care Retirement Communities in Fiddler's Creek only, subject to Section 6.9 hereof. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. D. Special Conditions: 1. No adult oriented sales are permitted. 2. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail(US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 3. Delivery bays shall not abut residential development. 4. Service bays related to automobile service and repair shall be located so that they do not face any residential district within 1500 feet. 5. Dumpsters shall be oriented as far away from residential units as possible. 6.3 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand(10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Front yard -Twenty-five (25) feet. (2) Side yard -None, or a minimum of five (5) feet unobstructed passage from front to rear yard. (3) Rear yard -Twenty-five (25)feet. D. Maximum Zoned Height: Fifty (50) feet within Fiddler's Creek, and forty (40) feet elsewhere. The `B' Tract located outside the project entry gate near Collier Boulevard on the north side of Fiddler's Creek Parkway may have a zoned height of sixty (60)feet and an actual height of 70 feet. E. Minimum Floor Area of Structures: One thousand(1,000) square feet per building on the ground floor. Words underlined are additions;words sties �' t r u h are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 31 of 78 9B F. Distance Between Structures: Same as for side yard setback. 6.4 SIGNS As permitted or required by the Land Development Code in effect at the time the permit is required. 6.5 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6.6 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6.8 FIDDLER'S CREEK BUSINESS INTENSITY A maximum of 55 acres and a maximum of 325,000 square feet of gross commercial/non- residential floor area shall be used for the purposes set forth in Section VI in the Fiddler's Creek development. 6.9 FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR GROUP CARE FACILITIES Fiddler's Creek Development Standards for Adult Congregate LivingGroup Care Facilities (ACLF) Development Standards for use (25) as set forth in Section 6.2A hereof shall be as set forth in Section 3 with regard to multi-family dwelling development subject to an FAR and not as set forth in Section 6.3 hereof. The limitations of Section 3.7 shall also apply. For every acre of Business designated property dedicated to ACLF or other group care use; the allowed square footage will be reduced by 10,000 square feet. Words underlined are additions;words strut' t rough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 32 of 78 B SECTION VI A ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the Isle of Capri business area in relation to the 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: (I) One 150 room hotel/motel. Maximum four stories in height. (2) Restaurants - not including fast food or drive-in restaurants provided however, there shall be no prohibition of a drive-in as an accessory to a full service restaurant(see Section 8.11 of the Zoning Ordinance 82-2). B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. 6A.2 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Setback from S.R. 951 and the Isle of Capri Road-Fifty (50) feet. (2) Setback from perimeter development line -Ten (10) feet. (3) Setbacks from fractionalized tracts, if any-Twenty-five (25) feet. D. Maximum Height-Four(4) stories. E. Minimum floor area of structures - One thousand (1,000) square feet per building on the ground floor. F. Distance between structures on the same development tract-Twenty (20) feet. Words underlined are additions;words struck'h"oug%are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 33 of 78 98 6A.3 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. 6A.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6A.5 MERCHANDISE STORAGE Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6A.6 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6A.7 UTILITY SITE BUFFERING The utility site in the northwest comer of this tract shall be buffered in accordance with Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the utility site, with the exception of the northern edge, where the preserve area will act as a buffer. Words underlined are additions;words struck-threeegh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 34 of 78 9B SECTION VI B ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B.1 PURPOSE The purpose of this Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and commitments contained in this Section are in addition to those contained in Sections 11 and 12 of this document. Where two or more stipulations or commitments are contained in this document,the more restrictive stipulation or commitment shall apply. 6B.2 ENVIRONMENTAL CONSIDERATIONS A. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing.A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work of the site. This plan may be submitted in phases to coincide with the development schedule.The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads. buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval.This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. C. All exotic plants as defined in the County Code shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site,artifact,or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 35 of 78 98 constructional activities. E. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat saving designs should include, but not be limited to: 1) increasing the number of stories of the proposed hotel to reduce the amount of area necessary to the building (presumable the number of hotel units will remain the same; 2)reducing the amount of parking area, and 3)modifying drainage plans. F. Certain native plant species that must be removed to accommodate structures shall be, where feasible,transplanted to suitable habitat areas within the project. These plants shall include, but not be limited to tillandsia epiphytes and epiphytic members of the family Orchidaceae, and the species that are listed in the edition of the Florida Game and Fresh Water Fish Commission's publication "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected epiphytes, and native hammock communities. G. Final alignment and configurations of water management structures shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner;the alignment/configurations shall be subject to the review and approval of the Natural Resources Management Department. H. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. I. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and EAC as part of the review process with all concerned regulatory agencies. J. All the Stipulations of the original Marco Shores PUD shall be included. K. All mangrove trimming shall be subject to review and approval by the NRMD. The goal of any approved trimming shall be to maintain the biological, ecological integrity of the mangrove system. L. The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. 6B.3 WATER MANAGEMENT CONSIDERATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. Words underlined are additions;words struck-trough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 36 of 78 9B B. Water management criteria and design shall be in accordance with the so-called "Settlement Agreement" between Deltona Corporation and the State of Florida. C. Petitioner shall provide written authorization from Lee County Electric Cooperative, Inc. to use the powerline easement for drainage retention purposes. D. No building permits will be issued until the petitioner can demonstrate that an adequate water supply is available to this project, either from the County or from the Deltona Corporation while maintaining acceptable water service to the Isles of Capri. 6B.4 TRAFFIC A. Construction of the hotel and restaurant may not commence until S.R 951 is four-laned. B. Site development work will be allowed provided that the petitioner agrees to any traffic operation measures required by the County Engineer. 6B.5 UTILITIES A. All utilities stipulations contained in County Ordinance No. 84-42 for Petition R-84- 7C shall not be amended or modified by the Ordinance approving PDA-87-1C. B. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explanation, the statement is made that potable water for the Isles of Capri development area is proposed to be provided by the County (County Water-Sewer District). No guarantee of commitment can be made by the District that potable water will be available to serve the proposed uses in the development area until: (1) Water of adequate volume and pressure is determined to be available to the project site. (2) Construction documents for the proposed project are submitted and approved by the Utilities Division. (3) All necessary County and State construction permits are obtained. (4) An application for water service is approved by the Utilities Division. (5) All system development and connection charges and fees are paid. C. The development of this site shall be in compliance with the stipulations contained in the Utilities memorandum dated January 9, 1987. 6B.6 ENGINEERING A. The Master Site Plan shows parking and retention areas within the Lee County Electric Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 37 of 78 96 easement. Prior to construction of any facilities within this easement, written permission from Lee County Electric shall be obtained. B. The original PUD stated that this site could be developed until the completion of S.R. 951,this site should not be developed until S.R. 951 is four-laned as originally stipulated. C. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91 including left and right turn lanes if required by said Ordinance. 6B.7 LETTER OF COMMITMENT Exhibit "E" (attached) is a letter dated May 5, 1988, from Robert B. Leeber, President of R&L Development of Marco,Inc.to William Hanley,President of the Isles of Capri Civic Association, committing not to do site clearing or filling prior to the completion of the four- laning of S.R. 951. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 38 of 78 98 SECTION VI1 GOLF COURSE AND CLUB CENTER FIDDLER'S CREEK 7.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A"and"FC-A 1"as Golf Course and Club Center. 7.2 PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures: (1) Golf courses and golf club facilities, including temporary golf clubhouses. (2) Tennis clubs, health spas, and other recreational clubs. (3) Project information and sales centers. (4) Community Center facilities, including multiple use buildings for the community, active and passive indoor and outdoor recreational facilities, and boat launching and storage areas. (5) Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment facilities, utilities pumping facilities and pump buildings, utility and maintenance staff offices. (6) Open space and recreational uses and structures. (7) Pro shop, practice driving range and other customary accessory uses of golf courses, or other permitted recreational facilities. (8) Small commercial establishments customarily associated with the principal uses or community center, including gift shops, postal services, barber and beauty shops, ice cream parlor,dry cleaning store(pick-up and delivery only), golf and tennis equipment sales, restaurants, cocktail lounges,and similar uses, intended to exclusively serve patrons of the golf club, tennis center, community center, or other permitted recreational facilities. (9) Shuffleboard courts,tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. (10) Signs as permitted by the Land Development Code in effect at the time a permit is requested. Words underlined are additions;words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 39 of 78 ' 9B (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. (12) Part time day care facilities. (13) Any other principal use which is compatible in nature with the foregoing uses and which is determined to be compatible with this district by the Development Services Director. 7.3 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from district boundaries and roads, and fifty feet(50') from all residential tracts. B. Accessory structures shall be setback a minimum of ten feet(10')from district boundaries and roads, and twenty feet(20') from residential tracts. 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 feet(60'). 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-Twenty feet(20'). G. Minimum distance between all other accessory structures-Ten feet(10'). H. Minimum floor area-None required. I. Minimum lot or parcel area-None required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and 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. Words underlined are additions;words struek-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 40 of 78 9B SECTION VIII PARKS(MAP DESIGNATION "PARK") UNIT 30FIDDLER'S CREEK,UNIT 24,BARFIELD BAY MF, HORR'S ISLAND,AND RESIDENTIAL LAND USE DISTRICT IN SECTION 29 OF FIDDLER'S CREEK ADDITION 8.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and"FC-A1" as Parks and the Residential "R"within Section 29 of Fiddler's Creek. 8.2 USES AND STRUCTURES FOR AREAS DESIGNATED PARK No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Parks and playgrounds. (2) Biking, hiking, and nature trails. (3) Nature preserves and wildlife sanctuaries. (4) Lakes and water management structures and facilities. (4)(5) Any other open space activity which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of recreational facilities. 8.3 DEVELOPMENT STANDARDS FOR AREAS DESIGNATED PARKS A. Minimum Lot Area: 21/2 acres. B. Minimum Lot Width: 150 feet. C. Yard Requirements for Structures: Words underlined are additions;words struelf-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 41 of 78 9B (1) Front Yard: Fifty feet(50') (2) Side Yard Thirty feet(30') (3) Rear Yard Fifty feet(50') D. Maximum Height of Structures: Thirty-five feet(35'). E. There shall be no minimum acreage or Lot width for parks within Fiddler's Creek, so that Sections 8.3A and 8.3B are not applicable to Fiddler's Creek. Within Fiddler's Creek, 8.3C shall apply only where property line abuts residential property or external PUD boundaries. In addition,there shall be a Zero (0') feet setback required from waterbodies for such structures. F. Emergency Vehicles will have an access connection, as shown on the PUD Master Plan, through the Park Development Area(P)to Fiddler's Creek Parkway. 8.4 PURPOSE The purpose of this Section is to establish development regulations applicable to Section 29 of the Fiddler's Creek Addition,particularly Tract 110,the adjoining lake and the adjoining preserve area and the Residential Land Use District. 8.5 USES PERMITTED ON SECTION 29 DESIGNATED RESIDENTIAL The uses on Section 29 are limited to the following: A. Uses set forth in Preserve Areas as set forth in Section 5.3 A. of this PUD; B. Passive recreation, nature trails,picnic facilities, gazebo and other similar uses; C. Biking, hiking and nature trails; D. Launching and storage facilities for watercraft E. Active recreational activities, including golf course uses; F. Agricultural, including nursery; G. Multiple family dwelling units subject to Table II of this Section VIII,not to exceed 750 units on 49.9± acres. €H. Any other conservation, recreation, or related open space activity or use which is comparable in nature with the foregoing uses which in turn would be compatible. Words underlined are additions;words strxek-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 42 of 78 9B 8.6 INCOME AND RENT RESTRICTION A. Affordable units. Of the dwelling units constructed within each phase in Section 29, the following requirements will apply: i. Fifteen percent (15%) of the total units will be rented to households whose incomes do not exceed eighty percent (80%) of the Area Median Income (AMI) for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as otherwise provided by Collier County. ii. Fifteen percent (15%) of the total units will be rented to households whose incomes do not exceed one hundred percent (100%) of the AMI for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as provided by Collier County. iii. The Affordable Units will be subject to the provisions under this Section 8.6 for a period of thirty years (30) from the date of certificate of occupancy of the first Affordable Unit of each phase. iv. At each SDP or plat, no less than 30% of the total dwelling units will be identified as Affordable Units and shown on the SDP or plat with the required AMI percentage ranges. v. By way of example, the 2023 Florida Housing Finance Corporation Income and Rent Limits are: Yc9en MO by Neein all {e M Wt f1.rM Leine try Number d MMoaM on UMI 2023 C _ 1 ], 4 1 1 Collie. 309E t $ 21,000 $ 24,000 5 30.000 5 562 S 675 $ 814 County 50% very tow $ 34,950 $ 39,950 $ 49,900 $ 936 $ 1,123 $ 1.297 7,1e44n 60% .1, I$ 41.940 $ 47,940 $ 53,940 $ 1.123 $ 1.348 $ 1,557 Household 80% to,,,. 5 55,900 $ 63,900. $ 79,850 $ 1.497 5 1.797 5 2,076 Income 100% Medan $ 69,890 $ 79,890 $ 99,805 5 1,872 $ 2.247 $ 2,595 1100.700 120% ►wd.c . $ 83,880 $ 95,880 $ 119,760 $ 2,247 $ 2,697 5 3,114 140% . S 97,860 S 111.860 $ 139.720 S 2.621 S 3.146 S 3,633 B. Preference to Affordable Units shall be given to Essential Service Personnel (ESP)and military veterans. i. For the purposes of this ordinance,ESP means natural persons or families at least one of whom is employed as police or fire personnel, a childcare worker, a teacher or other educational personnel, health care personnel, skilled building trades personnel, active- duty military, or a governmental employee. ii. Each Affordable Unit will be held vacant and advertised for ESP and military veterans in accordance with paragraph iii below for a minimum of 90 days before the issuance of unit's certificate of occupancy. In the event that no ESP or military veteran rents the available Affordable Unit, then the unit may also be offered to the general public (non- Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 43 of 78 98 ESP/ military veteran) but shall remain an Affordable Unit and be rent and income- restricted accordingly. Each subsequent vacancy of an Affordable Unit shall be advertised to ESP and military veterans in accordance with paragraph iii below and may also be offered to the general public (non-ESP/military veteran) but shall remain an Affordable Unit and be rent and income-restricted accordingly. iii. At a minimum, advertising will consist of providing written notice to the Collier County Community and Human Services Division and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier County, all Emergency Medical Services and fire districts., and the Collier County Sheriffs Office. iv. Promotional materials for the development shall identify that the project prioritizes Affordable Units for ESP and military veteran households. v. The owner shall maintain a waiting list of pre-qualified ESP and military veteran renters for subsequent vacancies. Waitlist participants shall be notified in advance of subsequent vacancies. vi. This commitment for ESP and military veteran preference shall remain in effect for a period of 30 years from the date of issuance of the certificate of occupancy of the first Affordable Unit of each phase. C. As part of Collier County's annual monitoring for this PUD,the owner will provide to Collier County Community and Human Services Division (CHS) an annual report at least forty-five (45) days prior to the anniversary of the adoption of this PUD that provides the progress and monitoring of occupancy of income and rent-restricted units. The annual report will be provided in a format approved by CHS. The owner further agrees to annual on-site monitoring by the County. 8.7. ADDITIONAL STANDARDS Notwithstanding any other provisions of this PUD,the following standards and requirements apply: A. Setbacks for residential development in Section 29 shall be consistent with the minimum setbacks shown on the Berm, Buffer Cross Section Exhibit attached as Exhibit"FC-H" B. Trees in the northern and western Type `B" landscape buffers shown on the Berm, Buffer Cross Section Exhibit attached as Exhibit"FC-H" shall be 14 feet in height at time of planting. Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised December 13,2024 Page 44 of 78 9B C. No later than 30 days after the US Army Corps of Engineers' issuance of a Section 404 permit (with approval of the U.S. Fish & Wildlife Service) for the development of Section 29, and all appeal periods have expired or appellate and litigation actions successfully defended by the Owner of Section 29, the Owner shall grant, convey and deliver to the Royal Palm Golf Estates Homeowner's Association,Inc. ("Association"),a fifteen foot wide(15')non-exclusive drainage easement in favor of the public for public use along the eastern boundary of Section 29 (the "Easement"), free and clear of all liens and encumbrances,to allow the Association to install an underground drainage pipe for the purpose of conveying water flows from the linear lake (Lake 19) along the northern boundary of Section 29 under and through the Easement. The Easement shall be in a recordable form acceptable for recordation in the public records of Collier County. Owner of Section 29 is not responsible for maintenance of the easement area or installation of improvements under this PUD. D. After issuance of the certificate of occupancy for the 250th residential dwelling unit and upon the written request of County, the Owner of Section 29, or its successors and assigns, shall coordinate with Collier County to determine whether any traffic calming improvements are necessary. Should it be determined by Collier County that traffic calming improvements are warranted,the Owner of Section 29 shall pay to Collier County its proportionate fair share of the traffic calming improvements under the Neighborhood Traffic Management Program (NTMP) including but not limited to striping, signage and speed tables on Auto Ranch Road from the project access to U.S. 41(Tamiami Trail). In the alternative, subject to approval of Collier County, Owner of Section 29 may construct the traffic calming improvements. • Words underlined are additions;words.trod --h are deletions Marco Shores/Fiddler's Creek PUD Last Revised December 13,2024 Page 44A of 78 9g TABLE II FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR SECTION 29 PERMITTED USES AND STANDARDS MULTI-FAMILY DWELLINGS Category Minimum Lot Area 1 AC Minimum Lot Width 150 Front Yard 25 Front Yard for Side Entry Garage 15 Side Yard .5 BH Rear Yard Princimal BH Rear Yard Accessory 15 Rear Yard Special *1 .5 BH Maximum Building Height*2 Zoned: 55 Actual: 69 Distance Between Principal Structures .5 SBH Floor Area Min. (S.F.) 700 SF BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 With written approval from Fiddler's Creek Design Review Committee,rear yards for principal structures on lots which abut golf course, lake, open space,or preserve areas: Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design. With written approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows: • 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). *2 Structures over four (4) stories and fifty feet (50') in height shall be set back a minimum of the zoned building height from PUD boundaries. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 45 of 78 9B SECTION IX "UTILITY" "ELECTRIC" UNIT 3OFIDDLER'S CREEK,UNIT 24 DEVELOPMENT AREAS 9.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and "FC-A1" as "Utility" "Electric". 9.2 ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated to provide water, sewer, gas,telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines,gas lines,telephone lines,cable television,electric transmission and distribution lines,substations, lift stations,pump stations, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills. The utility site in the southeastern corner of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. Words underlined are additions;words struckthrough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 46 of 78 9B SECTION X MARINA GOODLAND MARINA DEVELOPMENT AREA 10.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the Goodland Marina Development Area. 10.2 USES AND STRUCTURES No building or part thereof shall be erected, altered or used or land used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Boat docking facilities. (2) Facilities necessary for and associated with trailer launched recreational boating. (3) Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, and maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of marina and recreational facilities. 10.3 DEVELOPMENT STANDARDS A Minimum Lot Area: Goodland Marina area to be operated as one entity and not to be subdivided. B. Minimum Lot Width:Not applicable. C. Yard Requirements for Structures: (1) Setback from east property line: Forty (40)feet. Words underlined are additions;words struelc-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 47 of 78 9g (2) Setback from other property lines:Zero(0). D. Maximum Height of Structures: Thirty-five(35)feet. 10.4 FLOOD ELEVATION REQUIREMENTS Flood elevation requirements in order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the flood damage protection ordinance. 10.5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 10.6 MINIMUM OFF-STREET PARKING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 10.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 48 of 78 9B SECTION XI DEVELOPMENT STANDARDS 11.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 11.2 GENERAL The facilities shall be constructed in accordance with the final development plan and all applicable state and local laws,codes and requirements.Except where specifically noted or stated herein, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. 11.3 MASTER PLAN A. Exhibits "A", and"FC-A 1" Master Plans, illustrate the proposed development. B. The design criteria and design illustrated on Exhibits "A",and"FC-A 1"and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment.Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. To protect the integrity of the multi-family residential neighborhood, internal roads within the multi-family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be public. It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development Districts.Developer may, at its option, develop any roadway within Fiddler's Creek as a private road. Those portions of the roads depicted on the development plan of Barfield Bay Multi-family and Hon's Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi-family area will be public roads. 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is illustrated in Exhibits "A" and "FC-A1" (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit"A" and "FC-Al" (for Fiddler's Creek) development plan Words underlined are additions;words struck -h are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 49 of 78 9B may be provided and completed in timing with the adjacent residential units. The Marriott golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis.The remaining golf courses in Fiddler's Creek may be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents. The remaining golf course and community center(including tennis facilities)shall be privately owned facilities and may be constructed on the designated site in conformance with the development needs of the project. Neighborhood parks, bicycle paths, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Those facilities within Fiddler's Creek scheduled for donation to the County are two community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A community facility site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddlers Creek, a site will be dedicated for a library and another site will be dedicated for fire station, EMS, and other public purposes. Deltona previously dedicated school sites within Fiddler's Creek to the Collier County School Board. Subsequently,the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon request. 11.5 CLEARING, GRADING,EARTHWORK,AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development of the drainage and road systems within the various development areas. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. The Fiddler's Creek Addition was not covered by the Settlement Agreement or the Fill Agreement. The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 50 of 78 9B Excavation and fill removal and relocation between Section 29 and other portions of the Fiddler's Creek shall be considered development excavations and are not commercial excavations. 11.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as otherwise specified herein with regard to Fiddler's Creek. Certain streets have been proposed for development in Fiddler's Creek which will be constructed pursuant to right-of-way cross-section depicted on Exhibit "FC-F". The drainage system for these streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. 11.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 11.8 WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL See 12.4 of Section XII. 11.9 WATER SYSTEM See 12.4 of Section XII. 11.10 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 11.11 OTHER UTILITIES Telephone power, and cable television service shall be made available to all residential areas. Such utility lines shall be installed underground with the exception of the primary electric service as described in 11.7 above. 11.12 TRAFFIC SIGNAL See 12.6 of Section XII. 11.13 FLOOD ELEVATION REQUIREMENTS In order to comply with the minimum flood elevation requirements for all buildings within Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 51 of 78 9B Fiddler's Creek, all habitable structures shall meet minimum flood elevations established the maximum height of a structure shall be measured from the minimum base flood elevation required by The Collier CountyFlorida Building Construction Administrative Code. 11.14 ARCHITECTURAL REVIEW All buildings constructed within the development areas must comply with the architectural review standards which shall be specified by the recorded covenants, deed restrictions and development documents. 11.15 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, except as set forth for Fiddler's Creek in Section 11.22 hereof. 11.16 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 11.17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: 1. The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line. 2 Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-SO 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. I. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. Words underlined are additions;words sir-trek-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 52 of 78 9B All of the above are subject to permitting by South Florida Water Management District(SFWMD). 3 Within six (6) months of approval of the rezone of Section 13, Developer shall grant a"temporary" easement to accommodate the construction of U.S.41 outfall Swale No. 1 along the west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process,provided minimum flows are maintained. 4 Any other drainage easements required in Section 13 for the conveyance of off- site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 3 above. B. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: 1. Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. 2. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS-00-S0220 and SIS-00-S0110 to assist the County in managing drainage on the U.S. 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: a. The temporary easement shall not exceed eighty-five feet(85') in width. b. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to the development of Sections 18 and 19. c. The above is subject to permitting by South Florida Water Management District("SFWMD"). 3. Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot(85')"temporary"easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process,provided minimum flows are maintained. Words underlined are additions;words s*'thfough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 53 of 78 9B 4. The purpose of the Easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and 19. 5. Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water said outfall are routed into the Fiddler's Creek spreader swale system. C. FIDDLER'S CREEK ADDITION OF 168 ACRES The following standards and stipulations shall apply to the 168-acre addition to the Fiddler's Creek portion of the PUD: Provisions for the 168-acre addition to accept or pass through existing flows from the existing canals which convey flow from the North and West, shall be addressed by one or more of the following methods: a. Continued use of the existing easements provided to Collier County for pass through of existing flows until such time that alternative easements could be provided. b. Rerouting of the existing flows through the internal lake system to be developed within Fiddler's Creek. The existing easements(a. above)shall then be replaced with a permanent easement not exceeding 85' in width encompassing the rerouted flows. c. The above methods are subject to permitting by South Florida Water Management District("SFWMD"). Developer shall grant permanent easements as part of the platting process and shall have the ability to change the boundaries of the easements and profiles of the drainage swales during said platting process, provided minimum flows are maintained. The Developer shall be responsible for all permitting and construction costs for any new easements and drainage swales. 11.18 POLLING PLACES Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate county facilities are available, rooms will be provided within a building or buildings designated by the Developer and approved by the Collier County Supervisor of Elections of the purpose of permitting residents to vote during all elections. The number and location of needed rooms within such building or buildings will be determined by Collier County Supervisor of Elections. 11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 54 of 78 9B • Special provisions for the possible preservation of selected vegetation arc provided in the stipulations relating to Hon's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 756.4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-Al", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits or by this PUD, these areas will be left untouched, with the exception of the required removal of exotic vegetation,and deeded to the homeowners association or approved entity upon platting of these specific areas. 11.20 MAINTENANCE FACILITIES A. Unit 24 and Fiddler's Creek Developer may create a-eCommunity dDevelopment dDistricts for Fiddler's Creek. If such a district is created it will comply with the following requirements. If the Fiddler's Creek Developer creates a-one or more eCommunity dDevelopment dDistricts("The Fiddler's Creek Community Development District")pursuant to Chapter 190, Florida Statutes, the property in Unit 30 Fiddler's Creek owned by Developer may be included within the Fiddler's Creek Community Development Districts. The Fiddler's Creek Community Development Districts may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage facilities and rights-of-way(streets and roads)that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek owned and developed by Developer, including lake and lakeshore maintenance; (3) Parks, other than those dedicated to the homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association. or individual condominium associations; (5) Street lighting, and; (6) Other allowed facilities and services pursuant to Chapter 190, Florida Statutes. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 55 of 78 9B Chapter 190, Florida Statutes, grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi- family Area. A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Horr House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Hon house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents of Horr's Island but which are not available through local government or private enterprise. C. Barfield Bay Multi-family, John Stevens Creek, Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi-family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 56 of 78 9B 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit"FC-F".At Developer's option,bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50')right-of-ways and that serve only one tract or parcel. B. Land Development Code §3.2.8.4.1 -The access requirements of this Section are waived and connections shall be as shown on the Master Plan. C. Land Development Code §3.2.8.4.3 -Block lengths shall be as shown on the Master Plan. D. Land Development Code §3.2.8.4.16.5 -Right of way widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F". E. Land Development Code §3.2.8.4.16.6 -The length of dead-end streets or cul-de-sacs shall be as shown on the Master Plan. F. Land Development Code §3.2.8.4.16.9 & .10 — The minimum of these sections are waived and the tangents shall be depicted on the Master Plan, except for the Fiddler's Creek Addition. As to the Fiddler's Creek Addition,the minimum of these sections may be waived administratively at the time of PSP or development plan submittal with justification based on design speed. G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. H. Land Development Code §3.5.7. 1 -Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. I. Land Development Code §3.5.7.2 & .3 —Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for the Fiddler's Creek Addition,which shall be in accordance with Division 3.5 of the Land Development Code. J. Land Development Code §3.2.8.4.16.12.d—The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit"FC-F", except for the Fiddler's Creek Addition, where the pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. K. Collier County Land Development Code provisions requiring platting, site development, plan approval and/or issuance of building permits as preconditions for land clearing, Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 57 of 78 9B excavation and filling of land within the Fiddler's Creek portion of the PUD,as amended, shall not apply to those lands which have been previously utilized and cultivated as farm fields. Excavations will conform to the excavation requirements contained in Division 3.5 of the LDC, except as may be provided herein. 11.22 SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, with the following exceptions: A. Permanent Community Signage 1. Project Identification Signs-Two ground,wall,or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development,and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty-four (6064) square feet excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height often feet (10') above the finished ground level of the sign site. 2. Boundary Monument Signage-Project monument signs may be located at or near each boundary of the project on S.R. 951 and U.S. 41,provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of Section 11.22.A.1. are met. 3. Tract Identification Signs -Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than eight feet (8') in height and thirty-two (32) square feet in area, provided the requirements of Section 1 1.22A.1. not in conflict herewith are met. 4. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet(6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 1 1.22A.1. not in conflict herewith. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 58 of 78 9B 5. DEVIATION: Fiddler's Creek Plaza Signage. (a) Relief from LDC Section 5.06.04 F.1., "On-premise signs", which allows single-occupancy or multiple-occupancy parcels,having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that each sign is separated by a minimum of 1,000 feet as measured along the street frontage, and all setback requirements are met, to instead allow one additional commercial pole sign in addition to any other signage allowed by the LDC within the commercial tract located near the intersection of Sandpiper Drive and U.S. 41 on Tract B. This additional sign structure shall not exceed a height of 8' and shall not have a sign copy area exceeding 60 square feet. B. Temporary or Promotional Signage; These signs are to direct prospective purchasers and identify the various projects being developed. 1. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract,parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence,the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet(10') above the finished grade of the sign site. 2. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.B.1 not in conflict herewith. 3. Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of " may be erected, subject to the following requirements: (a) Such signs shall not exceed six (6) square feet in area or protrude more than four feet(4') above the finished grade. (b) Such signs shall meet the requirements of Section 11.22B.1 not in conflict herewith. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 59 of 78 9B SECTION XII STIPULATIONS AND COMMITMENTS 12.1 STIPULATIONS AND COMMITMENTS -ENVIRONMENTAL ADVISORY BOARD A. Conditions Recommended by Environmental Advisory Board ("EAB") (1) Staff recommends approval for all development areas of Rezone Petition R-84- 7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval.No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. (6) Historically, off-site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off- site flows be impacted by the initial proposed development, provisions shall be made for re-routing and/or continuing to allow historic off-site flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 Words underlined are additions;words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 60 of 78 9B thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-1, dated January 1984, "Typical Lake Section",with respect to lake slopes and depths, and further,the lake setbacks from abutting rights-of-way will not be required provided safety barriers(which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. The above does not apply to the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. 12.2 STIPULATIONS AND COMMITMENTS -ENVIRONMENTAL ADVISORY BOARD("EAB") A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six-foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi-family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A1", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. (2) Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 61 of 78 9B archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section,with the assistance of selected local archeological assistance,will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule,to remove any significant artifacts. (3) Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County (5) Other (a) Native vegetation should be retained and used where possible for ground cover. (b) If feasible species should be transplanted from development sites to border Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 62 of 78 9B areas. (c) Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco Island development areas). (d) Remove all existing exotics on site as described by County Ordinance. (e) Follow design considerations as outline in County Environmentalist's memorandum dated May 15, 1984. B. Stipulations to Rezoning of Category II Lands: Horr's Island,Barfield Bay Multi-Family, John Stevens Creek (1) Native Vegetation and Habitats (a) Final site plans and drainage plans for Category Two Lands shall be designed to minimize the destruction of vegetation classified on Figures 1 and 2 as rare, unique, or endangered. (b) The final location of roads buildings, parking areas, water management components, and other facilities shall be carefully chosen to minimize impacts on R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (c) At there areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (d) Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County Environmentalist's memorandum dated May 15, 1984. The following area-specific recommendations further clarify these general comments: Horr's Island and Barfield Bay Multi-Family Area C (f) The majority of Horr's Island (excluding the mangrove areas within the Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 63 of 78 9B development limit line) and all of Barfield Bay Multi-Family Area C (Figure 1) are classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered,or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site- specific, a detailed survey (Including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare,endangered,or threatened species shall be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist. (h) The vegetation survey,which will be utilized in the final site and drainage plans developed for Horr's Island and incorporated into the final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terms of Resolution R-82-86. (i) It is suggested that the Developer or a third party purchaser, have similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (j) If the Developer or the third party purchaser declines to have such surveys conducted(Resolution R-82-86 precludes the County from requiring such surveys as a part of the EIS review on Category Two Lands other than Horr's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering Services, if desired, and incorporate the results into the recommendations regarding the site plan before final approval will be considered. (k) All site-specific surveys will be conducted prior to any site alteration. (1) Those surveys conducted by the Environmental Section will not delay Developer's timetable. (m) Surveys for multi-family lots on Horr's Island may be delayed until future lot owners are ready to develop the site. (n) To this extent, the Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, Words underlined are additions;words struck tiro-ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 64 of 78 9B water management facilities). (o) Surveys for Developer's activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations. John Steven's Creek and Areas A and B of the Barfield Bay Multi-Family Area. (p) The majority of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous activities and therefore not classified as R.U.E. lands. (q) At these sites, R.U.E. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities. (r) Land use is not precluded from R.U.E. areas, however, only those activities that will not significantly alter those areas'natural characteristics will be acceptable. Such activities could include bike paths, vita courses, nature trails and other low impact activities. (s) Road corridors through R.U.E. areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat and mitigated by the transplantation,where possible,of native vegetation to adjacent,unaltered R.U.E. areas. (2) Archaeological Resources (a) The archaeological survey of Herr'sHorr's Island to be conducted by Developer's archaeological consultants will classify all sites as significant (those needing to be preserved)and marginal(those where only a recovery dig is necessary prior to site development). (b) The results of this survey will be incorporated in the final site and drainage plans for Horr's Island. (c) Although not required,a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.E. for incorporation into final design plans. (d) If not conducted by Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval of the final site and drainage plans for these areas. Words underlined are additions;words struckgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 65 of 78 98 (e) In addition to the pre-development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. (f) In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the Developer, or the County, or the State of Florida archaeological consultant a chance to excavate the find. (g) The Environmental Section or its selected consultant will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. 3. Water Resources (a) The final water management plans for Category Two Lands shall be designated to minimize the clearing and alteration of land in R.U.E. areas. (b) This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. (c) Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders,carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (d) Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of Horr's Island in Figure 4. (e) The benefits of following such plans include: (i) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges,will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side-slope R.U.E. areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (f) The ultimate stormwater discharge points for Category Two Lands will be carefully located in areas most suited for receiving such waters. Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 66 of 78 9B (g) Low quality, semi-impounded wetlands, buffered from productive aquative and wetland areas by distance,topography, or existing roads will be utilized. (h) Potential discharge points are indicated on Figure 1. (i) In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. (j) The Environmental Section recommends a sodded area of no more than five percent(5%) of any structure's area. (k) The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (I) The final water management plans for all Category Two Lands will be reviewed by EAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memorandum depicted in Figures 3 and 4. (m) During plan preparation, Developer will work with County staff to arrive at a final product compatible with these general guidelines and the associated conceptual diagrams. (n) Where two alternative water management approached exist,that approach which will best serve to minimize alteration of R.U.E. areas will be chosen. 4. Other. (a) Native species will be transplanted from development sites to border areas. (b) Where transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g.County Park sites on Marco including Tigertail Park,other Developer development areas). (c) Native vegetation either existing in situ,or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. Words underlined are additions;words sting:are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 67 of 78 98 (d) All existing exotics on site will be removed as required by County Ordinance. (e) The use of introduced non-native species for landscaping will be severely restricted. (f) All construction,clearing,and filling locations in or adjacent to designated R.U.E. areas will be flagged and field approved by the Environmental Section prior to the commencement of site work. (g) Turbidity screens,or other similar devices,will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum. C. Additional Stipulations (1) The EIS prepared by the Corps of Engineers will be accepted to fulfill the requirements of Division 3.8 of the Collier County Land Development Code with the condition that the stipulations contained in the County Environmentalist's May 15, 1984, Memorandum are followed. (2) Specific stipulations to modify site plans for all Category I and II Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by the EAB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. Fiddler's Creek shall not be required to comply with the provisions hereof. (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. (4) The EAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 15, 1984 memorandum. (5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site-specific information,to the extent this provision is not modified by the Agreement between the applicant and Collier County, dated April 4, 1995. Words underlined are additions;words.true thr��ough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 68 of 78 9B (6) Tree removal permits for all Category I and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. (7) Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. (8) The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under a separate petition. (9) The exact locations of the roads in Category Two Lands,will be approved during the review of the final site plans. (10) Because some of the recommendations,particularly those involving development in areas of Horr's Island or other Category II Lands designated as rare, unique, or endangered, would require specific actions and further review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. (11) Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement,however,provision has been made for modifications of the plans such as proposed in the County Environmentalist's May 15, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods,above and beyond those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with the Developers of all Category I and II Lands except for Fiddler's Creek, initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S.Anny Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer may eliminate rear yard and roadside swales and other drainage design Words underlined are additions;words struelk-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 69 of 78 9B features shown on D-2, D-3, D-11, D-46, D-47 and D-48 of this Exhibit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation.In the event the Engineering Detail Drawings are varied in accordance herewith, Developer shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi-family 2. John Steven's Creek; and 3. Horr's Island Exhibit E— l A Wherever vegetation is discovered in the Barfield Bay Multi-family, John Steven's Creek and Horr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply,to the extent the Developer of Horr's Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: 1) Multi-family tracts and roadways abutting wetlands shall not be required to have a minimum ten foot(10') wide by six inches (6") deep swale. 2) Multi-family areas shall not be required to drain toward rear yard swales. 3) Developer shall be excused from compliance with the one-half inch ('/2")dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, the Developer of Horr's Island shall design the Barfield Bay multi-family, John Steven's Creek and Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. 12.3 STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE A. The approved stipulations of the EAB pursuant to the memorandum from County Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Words underlined are additions;words struckthrough are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 70 of 78 9B Regulations to accommodate fine tuning of the final site plan; B. Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. C. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. D. For the purposes of platting and replatting within the project area, assurance for the completion of subdivision improvements will be provided by Developer subject to approval by the County Attorney. 12.4 STIPULATIONS AND COMMITMENTS—UTILITIES A. Waste Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service,as provided in "1"of this Section,by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property,not presently within the sewer franchise area,that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek,provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer alternatively, Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 71 of 78 9B Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer,the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below,whichever first occurs. (2) Annual Rent-$1.00 per annum payable annually in advance. (3) Lessee's Rights-Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition,reasonable wear and tear expected. (5) Other Provisions-The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. (d) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12)months prior notice to Deltona,to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after Words underlined are additions;words struckstrue,lf-t&eitgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 72 of 78 9► B 100 customers have been connected to the system through the date of closing. (e) Either Collier County Water-Sewer District or other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. (f) It is anticipated that Developer will use treated wastewater effluent to meet the non-potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting,and in the event Developer leases back the sewage collection system as provided for in(2) above,the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. (2) All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. (4) All water users in the non-franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. (6) The developer will provide one Collier County Well Field Easement in the general vicinity of the southeast quadrant of Sandpiper Drive and U.S. 11. The well site shall contain 4,000 square feet with the dimensions being 50'x 80' and access via Sandpiper Dr. A County Utility Easement shall be dedicated for the well site and as needed for maintenance access and raw water transmission facilities. A temporary construction casement shall also be provided as needed to construct the well site improvements in the final, approved location. The location of the well site shall satisfy setback distances required per Chapter 62 532 of the Florida Administrative Code. The easement is to be dedicated, subject to compensation at Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 73 of 78 9B faiEmar-ket-v-aIue-ef-tlie-Iankl-er--equivalent-i+npaet-fee-eFedit--piifsiiaflt-te-Seet-ieri 74 205 of the Collier County Code of Ordinances, at the time of plat recording or Site Developm��ennitt g, unle �r e � Mime-by tl , Utilities Department. (6) At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water and/or wastewater collection/transmission system may be required by County to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County Manager or designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. 12.5 STIPULATIONS AND COMMITMENTS-TRAFFIC Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following: A. Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. B. All required auxiliary turn lanes at each new intersection created on SR-951 and US- 41. C. Street Lighting at major entrances into the development. D. The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 951 to four lanes between New York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement.All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this PUD document relating to the provision of fill for State Road 951 have been fully satisfied by execution of the Agreement between Developer and Collier County granting the County the right to enter upon the property for the purpose of excavation of the fill needed for the four-laning of State Road 951. E. The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. F. The maximum total daily trip generation for Section 29 of Fiddler's Creek shall not Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19, 2024 Page 74 of 78 98 exceed 343 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. 12.6 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations: A. That the staff report recognizes that SR-951, after four-laning, will be approaching its capacity in 1990 and that appropriate recommendations be made to include the future 6- laning of the northern most section in the county's Comprehensive Plan. B. That Unit 24 be prohibited from any development until SR-951 is 4-laned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4- tuning laning of 500 feet of SR-951. This donation, to be used by the County solely for the 4-fig-laning of 951,shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a)development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair-share contributions included within these recommendations. C. That the Isle of Capri Commercial PUD, due to the level of service of SR-951 closely approaching "D",be prohibited from any development until SR-951 is 4-laned.However, site development work including clearing and filling may be performed on the site prior to the 4-laning of SR-951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. D. That the Developers of Horr's Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Developer of Hort's Island will not be obligated to bear the cost of improvement to that portion of the intersection. E. If the marina is developed, the developer of the marina will be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. F. The Developer's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR-951, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction,with the exception of needed improvements at newly created development road intersections with SR-951 and US-41, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance 85-55 have been determined to satisfy the conditions of former Section 4.D.9.K.(4) of Collier County Development Order 84-3. Words underlined are additions;words struck-through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 75 of 78 9B The Agreement between Collier County and Developer as described in Paragraph 9.C. fully and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for transportation and for mitigation of traffic impacts under this DRI Development Order and PUD document over and above legally imposed county-wide transportation impact fees. G. Any construction road or private roads installed from Fiddler's Creek to U.S.Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS A. No filling of the east-west canals/ditches contained on the 22.9-acre parcel described on page 7 of Exhibit "FC-C 1" hereof shall occur prior to the removal of exotics from the Preserve parcel located between residential parcels east of Collier Boulevard on the north side of Fiddler's Creek Parkway as depicted on Exhibit "FC-A1" hereof. B. If the development activities in Fiddler's Creek are the cause of flooding in the Port-Au- Prince Project, Developer shall take immediate corrective action. C. Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within the Fiddler's Creek Addition. 12.8 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS -WATER MANAGEMENT A. The Developer shall make provision to accept or pass through existing flows from culverts SIS-00-S0 150 and 180 under U.S. 41 by one or more of the following methods: i) Routing west along north line of Section 13 connecting to U.S.41 outfall Swale No. 1. ii) Routing south along east side of Section 13, and further South connecting to Fiddlers Creek spreader facility. iii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. B. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west side of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary Words underlined are additions;words struck through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 19,2024 Page 76 of 78 9B easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. C. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 16.B)hereof. 12.9 EMERGENCY MANAGEMENT A. Fiddler's Creek Section 29: The property owner shall provide a one-time developer's contribution of 480 general population cots, 84 Persons with Special Needs (PSN) cots, and one 45kw (minimum-kw)- towable generator, per emergency management specifications, to be delivered to The Collier County Emergency Management Division (Emergency Services Center, Suite 440, 8075 Lely Cultural PKWY, Naples, FL 34113) at the tenth(10th) certificate of occupancy for a residential unit, in support of emergency evacuation shelter efforts." Collier County Emergency Management will provide a list of vendors for the contribution. 12.10 SECTION 29 ACCESS (AUTO RANCH ROAD) A. Prior to Site development Plan approval, detailed engineering construction plans shall be submitted by owner of Section 29 to Collier County Growth Management and Collier County Transportation Planning for approval. The plans will include improvements to Auto Ranch Road from U.S. 41 to Section 29 including but not limited to the following (the"Improvements"): 1. U.S. 41 and Auto Ranch Road intersection improvements as described in the Traffic Impact Statement, as approved by FDOT. 2. Reconstruction of portions of Auto Ranch Road to elevate the finish crown of road above the 25-year, 3-day storm event. 3. Widening of Auto Ranch Road to accommodate 11-foot travel lanes and resurfacing. 4. Construct 5' wide sidewalk on one side of Auto Ranch Road. 5. Regrade roadside shoulders on Auto Ranch Road. 6. Replace existing driveway culverts within the Auto Ranch Road right-of-way. 7. Replace existing driveway aprons within the Auto Ranch Road right-of-way. 8. Install cross-culverts as required. 9. Construct potable water main with connecting fire hydrants and construct sanitary sewer force main both with capacity for future residents who access Auto Ranch Words underlined are additions;words struck-hrough are deletions Marco Shores/Fiddler's Creek PUD Last Revised June 11,2024 Page 77 of 78 9B Road, to connect to these facilities if they elect to do so. 10. The owner of the property in Section 29 of the PUD shall coordinate with Collier County Area Transit and FDOT to install a Collier Area Transit Bus Stop within the Right-of-Way near the intersection of Auto Ranch Road and U.S. 41 East. The bus stop must be installed, if approved by FDOT, prior to the issuance of the first certificate of occupancy for a residential dwelling unit in Section 29. The property owner in Section 29 shall be responsible for all permitting, construction, design, and maintenance costs associated with the bus stop. B. Prior to issuance of the first certificate of occupancy for a residential dwelling unit in Section 29, the owner of Section 29 will design and permit all of the Improvements in accordance with County and FDOT standards. Owner will complete construction of the Improvements in A.1, A.2, A.3, A.5 and A.9 above prior to the issuance of the first certificate of occupancy for a residential unit and complete the remaining Improvements prior to issuance of the certificate of occupancy for the 375th residential unit. 12.11 LANDSCAPE BUFFER A. At the time of site plan approval, the applicant shall provide a 15' wide Type B buffer adjacent to the Northern residential development area within the Section 29 portion of the Fiddler's Creek PUD as shown on the Berm,Buffer Cross Section Exhibit attached as Exhibit "FC-H". 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I - r.n N • y^ r- 1 ., , • . ...., . . . .. ... • I :/7• 0 � il I • I t t'% M A R C O SHORES JAM ES E. EL NEtIS ASSOOATE N S C • • 11 ..... MO2TECTS and PLAWERS EXHIBIT I. • 'r; - 1 ISLE OF CArRI yrrw «----•►._••. '-t+-..—s►r • a 1 • • 'I / ♦ { l + • ,:.• : 9 9 - • rr. \ : ,* . „, • • • ' 11 //It • . . . : IV' / • �\ • v. • Nei i. iii, ., . El:_F:.:: .' • ••••': 1 .11\n- s ; 1, . . , • ..,. :‘,.)„,....,,..,... .,.. ,t, • .. — , .4, ...-tii:4,4.. . ...: „ ) it . . , . . .K..1.----.:-." ::•.• . -..;• • ti l \ �' t* j t •. I 'FT T 1 1 i f i I 11 ' .,,,‘•-....4 . . II- : '1 I( I t ., sit • Zt l • it 1 1 . t ,,,-'3`•7 , �� 1� • 1• I • - - C 4 • •.•'S2')'J- .. •.- _ ••r ..... . •, ... ...... tcr �• • in ... r - i t • . .•14,..: j: n . .. . ,c,‘,,, %, ....,..f. . . • : ,-- " •. !.....Ar,... f....•••-•;--Ati • kIII • • JJ�. „.... . .. . 1 E 2 C 11 I SHORESLIE V )SSYS , • �I ` O l'• ' II1I . • ••"1 HIT 14 :,:•.,;-_..w►a"Lawrw. ww • . • , . 5' • nor 1 1 4. , F. • .� +I • 9 I� 7: ; _ , 's i 9B . ' . 411/\**-\.....1...)1 • • 1 /J. • • 1/7\--1\ r 111 - ... ..._, 4 ..„,„..:. li ,..,-..,-..: • ,--,"*.: aA. I :.- L .: Pi .r� ••_i.:...Z.ii : 1 (- --\./-/-5. / '.:.—'-':-... .' - 11t iif .44, • . . . . . , , . . ,,.......,..7, • • 1 I I ' /01 • . / 1 1 mil / I i . . . • 1. . • 4 ry I, •-•$•••• it ui Hy It! i 1 j� l I' { 0 g , i • : ..,,. ..„,„:. . ...,.. ..---44, • irg ; ; ` F. I \. 1 . '.-(1:,1 7.:: • / l 1 /.,,da . • :_,_.----.t.:< . • I l.= MARCO SHORES •1''3 E VD25E1 ASSACtt Este• 1 . ..••ir• ... AHLT4TECTS and PLANNERS ExanTr A 1• V I'i tARl1ClD tA FA Y',mut- 14LY _.",,J t ► JDNk STEVEM•t CRUM ..r... T.~~". ��~_� ' r:e �-7• • :i7 t • • ® :r . t r.: • • r • • t 1 r• ., • ;y. w: .iY.. - 9I6 • y1, .-.......---.r.. . . . 1.....v. . . ,..x...,••...epaew./.7,00. ..jeot.. ....t:..... ig 1 - . • • . •L% II T j . ..; ►s,`i•. c r'vn.y__6'+ Z.cw�� {T)14. \�`L'r - -` 'rip.* ,wz + +� ram,>Li -• • ill .--•em -. u ' .• • • II l iI i z y , „c: illi, a e, k /I 1 11 1.11lill %•111.N.,illiii-itiLIP .1,--x . : t , 1,,i cl 7"?..) .i. 1:19 . �� y E . r s ,i I I III �A•I A•R�•Co O, SHORES I\F k9T EEG VSF• •C: � . 'R5 7S6IT i o 1 r. • • I f COOOLA O 1.104/ ti • -.4 ...~4V . emu. - • � i • -- •- •fr :-1 car.-- . c • . v •• a r . • r' iY • • , � + L .. .. 1 ' 9B • (f I 11 -If 1 T ____.S._,�-- - - - -.- /� E- I . I / I -.... 1.. ./. /(I) I i • C.. .-C\:::./.--'?P . ".: 3 A s� . ..f 9 I , . I' ! ® \\, \\ ® D, l ,C51.41 v . 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ARINA ' • OHO R.4..I1.S.LAAND . q AN....; . , . cr\)0":-:[:::). • IA UT ION MAY ECM IT E b 9B yr Q �-1; _ . . '•"tf c,.'� . -EXHIBIT "C" , . . . r y tysi.t . 1 R- • ,tarcalT 13. 1141 '45, Rai 3H .{�•�'f. r� • Itrc. rtvr LW. y .r; 1a14l tv.atlftt.• h•ra4"4 ": • T11t fart if 11• •.•Just•(}a•t1.t (St 1/I) •( 114 $. tl.ul • 2,Ii .. 04 114 1/I) •/ I TIM 11. T p sows. O.1i / sl tos. M1CC )t WT. ... .11. C.tll•1 C.1.17r /l.rlt., 171M I•a.Y .t T1.1..1 411.1 (fit. 1a. lcl 41), t• a p /IASI IJO trt)1C T1ILCM W 1I 4411..1.7 d.•.111.. 1..�.1 � •IOU ea • tl.tt►.. 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Is t41•33'11•11 • Rots*•• of 344.11 144$I LIMN* 114./4.11.1 • 41•t•••. of 114.44 fools $ko 44 111.31.44'11 a 11414444 of 33/.34 t4•ll sous,. 111.11'33•* • 41• . of 311.31 Is**, *soot• /41'31')I's • • 11444•441 II 111.4/ l fa toss•• f11•ll'lrs a /,stow. •t 41.4) lest; I•••t• 114.37'33.1 • /►swat• •l 144.341 C.•1, 1141•44 •74.11.44•1 • 41•la••• •t 11.3/ tacit ta•ae• ■s1.41•11•( • 1114404d 111 111.94 toot. Closes s1••44'21's • 411as•ce •t 333.16 49411 t•rIt•1/•1 • 41.1•N9 .t 113.10 ,oats *4•••e 111.31•41•1 • 41 t 111.14 tool, ties•• 114.11'33•( • Ills.*.• et 144.31 14.11 t•.a(. •13.12•1Ys 4 4t4•o•e. of 11.41 flits *!saes 111'3I.31.1 a Rita..• of /1.3e t•s1► 11••s11 113.33'24.1 a hats•.• 41 11.11 tom I••.•• S13.33.34 1 • dlaIa••. •I 12/.11 h.tl to4•4• t/f'34'1/t • Ilots.*. •l 344.11 Cost/ tt ■31•33'21•11 • 11•t••s• et 141.41 144,48 t s31•31'11•t • 114t••e• et 223.41 ,set/ tssh•• 133.14•II'1 • 41.14.4• •l 111.44 foots 1•,.44 •/rl/'Irl•• 41/Y.ce •t 311.4) toot. 144'11'31.1 • 1141a••• •t /4.43 t..t, tt..*4 s11.113'dl•t • 41 1 113.31 feast t•4.4• •14'13'34•t • • /14t1.4•a •f 347.4/ toot,+ Woe• 41r31'44•3 • tlut4hts •4 91.11 toot, 141••1'/I•• • /3.t•.M• .t I1.1• 11411 la••e• 131.11614.11 • 41 • of 134.14 t.•1 shoat, I1••1l•11•I • 4►alaN• it 14414.13 14441 $84414e 14/'•1••rs • *..*silo •t 13/.14 tool, I11••t4 1141'11.34.11 a Ht/aN• 44 1/.4) (soft 1•w.*• 111.34'I1•I • /lata•e• .4 13.11 toot 1S4 .'/1r33's3•t • N Ilata • of 41.4 1t1 4 (silt ,•4. 1114.11•4N 2.11 • 414%ahe• II 14.13 fait? $1•••• 1111M3'Il•4 • 411414404o 4t 11.14 to.:,; 11.•f• 421.34'111'11 • 4114•••• •t 11.3/ 144111 tL•N• 44G=)4'14•t • 411.1.40 If 11/.77 tees Waal• o/r11.4rs I Islets .4 44 /1.1 loot, 411404, f 4 i1•13'• •3 • 4141484• •t 114.14 (soli to..4. ti 1173.111'14•I • dlilia04. 41f 111.13 t••4 is4•t• s44.14'•1•s a Hiss••• •t 11•A1 1.N/I •••••• 4r33'1r a I184s04. •t 13.1) 10411 taw... 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S4r14'14'8 a ditstaas. •1 1.4.14 (•oaf Deem 141•II'14•r • 4114a•e• If 331.11 toss/ ta•.•e ems 141'11'43'4 4 dielawse It 117.11 tsee, ceases 637'11.1$'t • I1/taas. et 114./1 tests visage 141'41'31'1 • at.taws. •t 134.0 (seal %alas• I31.11'11.1 • Mesas' •( 361.43 tests ta.w•• 1141.11'31'1 • dtslasse •t 11.31 ts•tf tales• 113.31.11't • 41 t 11.13 taste l4.44• •43.31'41'Z a des t 14.43 test/ •aloes• •3/•31'13't • 4144444• II 131.34 (seas twat( •44.41'11.1 a deems* •t 71.44 lists 447'11'13•C • 1latawl• of 114.11 togas ta•ag• t4r1t•1r( a Itstsas. el 3341.41 (cots 1131.33.34.1 • dl ( 41.31 (seas 44.44• •31•31'44.1 a 41sIaso• SC 14.33 ts.sf lases• 1133.31•31•( • disease* •1 44.41 gist, t►•se• 831.41.44•I 4 de/salsa' e/ 11.11 toes, taoade 14r41.33•11 a dies• 1 34.41 gets ta••ss 111.11'11•r • /l•aa••• 131.44 (.Ate u.soe •tr44.1r1 a diseases of 117.11 Celle 11•so• 11r1s'31•t • di ( 14.11 felts lassos I41.41•4r1 a dlalaa•• •( 14.11 tests %Aimee •irt4.34'1 • distaste •t 33.43 (east t 11.13'33 1 a 414/804f 44 14.11 fa•4 also• I33.11'11•r • llataw•• at 41.43 (sett ta •eo• tit•3 1'11.1 • Ilalaas• et 47.31 test, Nees• .41.11'17•0 • 41•14N4 •1 11.41 (oe1f 1a•ag• 114.14'1r1 a dlatawe• •4 141.14 Ss's, Shells 141.44'34•1 • Missal• •1 11.11 teats la•••• • 113.41'14•11 a Ilata•4• •/ 43.34 twat Lases,' IIt•13'14'1 a 114444 o •t 133.34 Soot/ Ogees 031.13.14•t • d/sties• •t 144.14 tall, 11•33'31•1 • dlalawe• •t 144.41 dolts 11r31'li•g • I*•taa.s •t 11.13 tests 18*r11•1rs a 1141aso• •t 1111.48 feet, 11•soe •Ir33'Ire a diastases .4 111.13 loess 1•a•11'13.1 a dlaa•se• 14 111.73 tests ta4.l• 1144.31.31•r • 0144.' 4• •( 131.13 geese u.•s1 •3r14•srt a /lsaa•K. •a 147.73 toes, 11.a441 143'44'33•$ • dlstast• it 144.33 (seal Issas(' •1r33•$rr • dtstase• of 111.01 test, ells•• 1113.13.31•14 a dlavaso• e4 14/.17 (slag t1•*1• tt4t•I3•41'r • dtatawl• 44 13.41 (ssts allot• 1131•31.33.3 • 11 1 14.33 loess zhews• • 131.31.31•8 • al 1 72.13 gist, ss..e• 414.31'Coot • • dt•ta.t. •4 33.1S toga, 1A.we• 441.33.33' • /trials• •4 114.4P • legal ! 4$1.33.31•3 a dlseaac. et 114.72 (seal %alas 843.34.33'G • 116%4440 .( 44.47 taste t14.s• /44'33•31'F • Ilalaas• •t 34.41 Issas arias• 41t•11•11.1 • Ii•tas•e It 71.11 (seas 137•1/'41•r • dlsta•s• •l 14.11 Coca; 444444 821•II'31'0 • 11111a44s et 13.11 test/ tlmae. 433.11.43'1 • /1414ode 1t 143.14 (sots 1l•.l1 114 34.14'r • 4a814a4. 44 112.37 gaits Ills,, 41r11•31'$ • Ilstaseo •( 141.14 last, •►gals 143.31.34.1 • li•tasd• •t 116.11 (sets us••• 1trli.Srw• • 601 1141404e 44 )4.44 geese 1.441• 144.•34.31•11 a dtatasoe •t 144.44 tooat glee•• slrs3.3rit a di's.N. •( 134.41 tolls 1144M• 444•l/'44'1 • dlaaaws• •4 11.11 least taste• l31.31'11'a • dl.iasol 14 113.31 toot/ Meows, t11.1i'33•/ • Itatase• •t 114.33 (.ei1 also•• $14.31.1rs • 41.14.4. •4 341.4• gags as •w latateleate41 gotta lie tail Liao •4 4ta44ea1/ 4N1114s 341 Wows• 111011'3$•I Glom 4/14 Saes ,Naffs Liao • 41a44•e• el 4414.41 till II tar *e(t*l•4t Nt•s1 N4ii4 3 i*s••• •4r16•13w a1ewj too •elte Law el sell gavels, 34 a 4tatwl •t 3113.11 goat a• • III Mil• 1/1 114•.1 L$es•1ts 1044‘44 •M41aYla4 •Peal tea s•esa Pis• 1t •414 11.41•• 34. fog 1141.11'I3•0 • dlst•as• at 3113.13 Coot t1 ale /N1111••t sefaal th•s•e/• sail N/a.1 al/to bolas toe tt•111••a1 Noose at at 14 1•11110 33/ Meads •11.11'13•w alewt tam Nsts 11•• •g e414 glottises 23 a llsaase• et 2734.14 (041 4o aa1 114411 3/4 ,wall, 11•i•.1/ twee• ..wt/%seat •leas tea 1./1i LI.• of •014 1s4al4s 33• tes 1144•34.13•I • 41•a••e• •t 3114.43 lost t. Wm •.ita.•is 115.•1 w(N/. 0444 c•N•,a 41s40 bats, II• •1ss11•••t 4.1••1 •t 41t140.41$4 lssai•. 33e II •lift Ile fists LI•• •t 1414 little, 33 a /tat•••• •/ 313(.4i (N4 to 11/4 •Ilea 3/4 s•uN1 taste•(/ Oases sewtlallst 4101 41 .4 14ii.33li i i•eii: i i41 it 1,1154a•1•It•1I.14•• a • • 3 • • 98 110 6111 4+4 1K111 ho. t•• 840., 4,844l481 1144 aortal* ►.tail .1 1,14. 17104 I. •t•a.4811 41411M 11. t4•w111. 1 11 IevT1, .•Kt 14 iaat. tot{ •. 448.444. 1148414e. 401.4 44811 hI 474a1•slt 48,.8,/1•./ a. 1•11t•ss C.4.•44. 44 4144,8414 404.11.444 4.444e •t *es*** 37, 1410440 low f11•1i•3••t 41.41 tag ..et• Slag •t 141 • 41.1/M4 41 1771.14 1444 44 .4 144r(444114a •11a 1s• 4441.814 1814•4 44 444 11.4 41 1111440 /••1 /.. /3{I 116.011 143'31.31 • .tool soli i..1a41T 'list •1 ••T ilia 44 4tst• 44.4 .o. all • 4$ 41 11)1.77 fiats 'list• 1•a.1•4 .444 s..t•rlT sight •f ..t u.• tea 1.4•11.11•4 • 41444•.4. 4l 1124.41 (4441 tso•4• ■1•'t••4t•t • • /1.laa.• IC 123.31 (sot s• tie NIIT $7 SCCi442N4 •1 ts• *./fast'•' 4444/1444 ►.fiat of 14448 to 114•14•44•t s /188a.s• •C 143.14 1+/t1 14 44. 114•44'4)"t • 41staat. •C 137.11 1.81, 4a•444 411.11'7/•1 • 41444a4t e1 111.11 116t, 431'41'31.1 a 41444444 IC 14).11 last, t 21.34'31.1 • 11.14044 •4 141.19 114.11 *401s •11•71'14.1 4 41014 4.4. at 141.41 toes, to {r21.11.1 • distaste 41 133.31 t•ot1 • /a1• 3'SI'• a •ltt•ae• II 111.11 14441 11144• 417.14.11•1 I 41.I..4. et 144.44 14144 'sows• 113r)4'13.4 a 4141aa4. •1 13),I1 144ll 11.447 n1441'4464 • 41444a44 •1 324.14 torte 41/164e 411•13.11•• 4 41111414• at 111.17 11411 14414• ••3.33'31•1 a 4111•144 II 11.11 (•.at ta•w4. 141'33'11h • 41444w4• II 43.11 1.411 4144a440 •11'I4631'1 • 41.1144444 4t 41.43 legs, 14 113'41'31.11 • 411444.40 01 11.14 14444 4444144 144.13.41.1 • /1884444 01 131.41 11411 114.4. 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Cta1.4ain$ 1.71 44•ee4 a44• 44 1444. . >1M A /4tesi •t 1aa4. 1 1.1 1. afeataal4 /4411441 14. levies17 11 s••11, I a4$ 34 t l. .C.111441 (oval?. 11411144 1.147 a.s• 7s.114414417 404441144 41 44114.41 Ca••1M1 44, t14 1144140N441 •/40.4 •4 4414 144t144 14. ti1M• gee j 1ar13s31.11 41444 4114 last 1444148. 11•e 41•4t4414 tot • 44444444 4t 4110.13 tall 44 144 11411811 44 11411w1•4 al tag pstis3 44 1444 84441441444 44 44 4 1644s .1.448.44 11f4.11.33.1 • 4144414/ et 11.31 - 1444 4444444 911.31.33.11 4 111•1444e e4 41.41 t..1s $64444 • 183414•14•0 4 41444444 it 14.11 114444 1a.441 447'41'4r1 • 41444444 hi 77.31 'goal lass'. /34'43.34's a ltataaa• et 331.44 (..te sa••41 434.31.7rs • Ptah*'• .1 134.14'foot) s1+ws• •4r13.34•11 • Itaa•.n IS 414.83 teas I. 04 ►etas 44 ••at•ata7. 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(awed• ■3/•1I.41•s a disease, •t 111.1• I.413 Issaws .lr17•/.•1 • 41.t•44s •t 47.31 legs/ assN• 11I1.34.14'11 • I{stase• of 1/.17 1.111 1a•44a Nr14'44't/ • 41sta.►4s of 11.44 teals Ia.«• •II•:,1•trs • dl411a44• •f 141.43 loots aa..e.•1a43.13•/7•f • discs... et 77.14 t••s� {M.s• IN4 t'31.1••s a 4fss1.•1 • 117.13 (loll sawed* Nr2t•lrl • 4111•441 441 431414 1•••• /l•.,s 'is-l4'ers • *(saws. of 141.34 feet) trues• .il•3•'11.1 • disease* •l 43./• tests INN. flint* VS • dices**, •t 33.13 (slat 1N.4. 111•13•lrld • 4ts1•... •t 43.44 seise I5..d• .31.14'Il'e • dlsta.•• •t 311.44 t.tg uew•• s37'17'14•. • 4118440a• II 711./4 fast/ link• 113r41'3r11 a dieli.ss •t 73.13 1•4113 111140141 R11.13'14'11 • 41ata.d• 1t 41.41 Pesti /64/044 .43.11'41.11 • 11a11414 4f 33.41 /.411 iris..• t3rs4.44•11 • d/4/a.w •I 31.4• fool/ /s•N• s31.14•f1•s a d1•444•d• Of 73.44 /.•a++ $14444•4 1411•i1.14•11 • I1SI•4ss •1 1/.13 3••1e laird. 13/•31'33•11 • 411111441141 4f 43.14 goats tb•a4• 431•11•11•4 I 41a1/N• •I 4/.ft fret/ lWs s1r34•41•>1 a /la1a..144 Of 41.14 dealt 1114145 slr$3'lrs a 41•c•Ns el 11/.14 filet II.N• 114'1I'13•1 a electors "of 41.11 foots Iles*• 1414.41'14.41 a 41a44.4• at 13.48 lisle ts•4d4 1133.31.14•11 • dlstase• at 11441 (4441 /lewd• IIr13'/I•t a dl.sase. •1 ,124.I4 ;.Its 4s•4441 • • • • • 1.10 • get JAMVAAT 13, 11141 Ituora i p I tWT • • 1. 3a1 Description • A parcel of Iaad Wog is DCTCLOtwtt? TJACT-A. of tee COWLS- . ICAO TRACT KAP. accetdlag is the plat thereof. as record.! la Plat boot 1, pages 44 as/ 47 et the Pullie Retards et tallier' County, nectars. King note particularly deaetthed as fellow's Ce•eance at the latetsactios of tie Worth tract ►•.salary at said bevsl•pe•nt 7cact-A sad ma Westerly light et war Line et State head no. 211. ■all iatatsectiii Nino snows .r at•cisald plat as Point $slat S. tAs.ca run Sd2'2S'31''1 slaw/ said seet.cly tight •t Line a distance et 264-11 feet, thence coattail. ales/ said aestetly Hint et War Lla• ■$7'31'21'W a distance at 41.30 test to the p•elat at estvatdre el a circular cares .•weave to tie west h aving a rallua of 3147.79 feet' thence ieotherly ales/ said W*Itaciy Sight of War Liao and case ace at said curve thteala • central soils of 11.32'1I' an etc distance it 104.32 feet to the • 7O111 OW 41‘41171114 of the hereinafter described parcel of 'sad, thence leaving said Westerly Rlght of Way Lin* and the arc of said curve tun 037'23'31•U a distaste el 4.30 feet! thence 011'16'31*W a distant* it 17.I9 test: thence w43.31'if'w a distance of 14.73 test! thence M$l•33'13'W a distance at 13.70 ' fist: thence 161.31'42*W a distance of 17.44 teat; thanes 841'19'54•W a distance of 11.12 feet; theace 1111'23'$4•W a distance of 1943 test: thence 4114.14'10•11 a distance of 33.44 test: thence M77.34'37'44 a distance of 14.07 lost; °taco x77.46°21'W a distaste of 23.32 feet, thence WIl•34'12•w a distance et 22.41 feet: Meats 11I3'41.44•d • dlstancs it 11.44 lest! thence 117'11'ttW a distance of 2_04 feet to the Latterly Line at that certain 104 Coot vide, Lie County tlecttic Convocative, Vac.; 1'rht of Way, chance continue 117'12'40'W a distance et 22.11 teat: dance 111•30'07•W a dtatanca el 13.20 feet; thence 143.30'31'W a dlstaace et 17.17 lest: thence 111.44'32•W Alatance et 13.14 feet: thence 114'21'IS•W a distance • et 13.91 feet, theses 074.O4'04'W a distance et 13.11 test to tail Westerly Lime it the aforesaid 110 foot ride. Lae Coenty Llecttla Cooperative, Inc., light of say, thence tontine. x74'O9'O4'14 a dlstaace at 7.40 feet; thence W77.23'23'W a distant• of 1$ 03 feet, thence 014.31'01•W a distance et 17.34 test: thence 1141.22'31'$ a distance of 12.74 feet: thence 130.13'34'W a distant* of 11.47 feet: tames 1143'37'21•w • distance of 24.O9 feels chance 142.13'.2/•1: a distance of 14.71 feet; thence 1111°38'17•U a dlotames of 16.94 teat: chance $31'O4'Sl'W a !Lamm. at 11.44 feet: thence 131'14'31'4 a • distant' of 24.I6 feet: °sate 1127.33'36'W a distance of 31.81 teats thong' $24•47'43•W a distance ol' 26.11 feet: themes WI1.04'13'W a distance it 23.44 feat; t ,.mc. s00'27'01•W a ' . distance of 20.44 fasts taeace 1122.40•1l'L a dlstaace of 31.91 Peel, thews• M1S'31'21'L a distsse. of 32.41 teat: thence 1121'14'24'f a dt•taace of 21.11 test: thence 114•21'33't a dietaaca et 1.79 teats thence 1426'42'43'C a distance of 14.03 feat! then** 141.23'33't a distance of 33.67 feet to s point of intareectlaa with aforesaid Wittig tract boundary et Devslop.ent Tract-A, said plat heim/ an the ace if a circular curve, concave to %ha ielltheaet, haul*, a wadies of 100.00 feet and bears s02.24'34•L steal the goalie of the circle of said cutas, Pleats Westerly 61111 said Mouth tract boundary and the arc at said curve, thtoagh a central sails et l$'41'O6' as arc distance of 32.12 feet to a piat,sald point bearing 1'11'21'33•,1 tcoa the sunset of toe circle it said curves theses leaving, 4414 aetth tract bouadary and the aro of said curve, tan I44'43'13'W a distance of 17.47 test: these* S33'13'04'0 a distance of 24.23 rests thence 1144'11'2I'W a distance of 31.43 test, taenee ' 133.33'01'W a distant* et 14.24 lest to a point et intersection with the aforesaid Worth tract boundary of Derelopaent Tract-A and the arc of aforesaid curve concave to the Socthsast having a 4111 radius of 160.00 feet. said point bears 1113.01'O3'W Cron the center of the circle of sold curve: thence Southerly along .aid worth tract boundary and ins ace it said cvcrs, through a e.ntcat 1.17 EXHIBIT C. 98 • • t 143'1l'31•r a distaste •t 47:31 (list Skims. 14I4'11'13•1 a Stating• el 41.31 tests Lams. 041.34'll•r * hilt...• et 31.14 • (Olt a 44 1waatl4stl.m vltk t3aa 14 11.14 Us* •t 4C4444swttime* Isaias 14 MO 17401 11r11.31't a Ilataas• •C 4411.414 teat trail Sae SW.eeeat cassia taa14•t1 • cestls.. 0l1'34•l4'r . 4110%4444 et 111.11 C4441 thaws• 11e1'11.31't • dlat4we4 •C 111.41 teats a MSN44.46't a disuse• et 113.67 'toot, t►..c. 1413.34.11•t a St t 134.14 Costs 1114.11•S1'11 I s 4111l1144 et 14.11 (seal to 14.11'14•14 • Ilstsac• at 14.33 ta•te ts.eee 0•4•1)'41•r a St •t 14.13 (sate Iliad 0I1•31•11.11 • Statists at 11.11 teats at Ils•31'41'r a ' disuses •t 344.17 last& latws• 044.34•14•t • 41a14Kt •t 13.11 Coat/ thongs 141.43'31•11 a dl •t 311.74 test, Iliac. • 043.34'11'11 • Ststaws. et 14.44 teats thaat, 013•1I'31'14 a Ilatasc. at 134.14 !oats taaat. M41•33'43'W a lists..• •t 133.11 • Ca4t1 lt$'1444•r a disleate at 311.17 Ca•tt (slog• 131.41.47'r a dlass•s• •1 11.13 tests (less• 1.1.31.34'r a dtstaate e4 141.13 tests w••• a4VI4'I1•11 a Statist* •t 131.44 Cees,I th.ss• 1144•s4'34•1/ • Maass.• •t 114.47 tests thine P11•31'41•11 • Slaaass• •1 131.40 test) (lists M17•11'11•w • ' Vegas•. •t 171.11 leafs woe. ■1rsi'el'w a dlauwcs •t 111.13 t44t1 Shah 017.13'41•i • Status' et 103.43 lieu isawt• 141.11.41•r a hi•taasc it 39.31 Casts Imes• 433.11'31•r a distawe. it 31.31 Caste awns• 131.4i•Ir1? a Statists •1 17.13 teat a am tot Is. .►1s w Gat Live et at 14 1.ctt•w . IS sad 1vlat 1•rlt•14•t a Iiatcas• .t 1I.4.31 teat Ica. aa• se.taaa•s c.c.s' wt.i(1 16e444. c•ssiap, 431.41'10'11 a it • at 11.31 C44e1 aaasc• SSl.31.31•11 • .!•fast• •t S1.47 taste a News• s4r31•1rr a tussahs. .t S1.12 teats toles. 136'64.41w a /stags• •L 14.7• t•.et thaws• s41.31'37•r • Ilatass• at 34.17 (lift 131.44'31•r • It t (4.47 (sit, sh•ae. 111.11°14.31 a Itstaete •t 51.44 [acts Slant• 414.11•13'r a Maumee et 117.47 (slag west 443.34.44•t • disease. at 114.33 (4.1t Issas• ser43'll•t•a etslawse et 34.11 taste s►•wte 133.11.41•4 a dl.sawsa .t (1.s1 (sets thus* 371.31•43't a diseases •t 11.21 titer ails(• s73.44•34•4 • dtsta►s• •t 13.13 [east was. 114'2360S•$ • Mats..• at 7/.11 Leafs . . 131'71'47't a Ilataase it 41.14 toss to am latar•sts4•w aqua ewe Peet Llse ..t at 11 $egt141..14 sad 171at 1141.33.14't a distaste et 3033.33 Cast it.. the 4etthreas estate sa•t1et, &beast. 'sotlwse 431'311'47't • distaste it 13.31 [lilt& is • 131'14.34.1 a distaas. at 41.11 esail these 134.31'11•i a • dlataaa• at 43.13 (• Wiwi e I31.44'II•t • 41 t 11.31 • (sots (hawse £12'$1634•11 a Stomas!' •t 141.44 tests Iliac• 111.13'14•t a dtassate •! 44.41 (4aat th1sse 111.31'3I•C a ' , • ,. distaste at 171.13 tests I•ose 1441•13'31•t • dt•ta..• et 113.41 toss Omits 141.11.11•11 • diatass• •! 134.11 tees( alias. ' 431.34'43•d a dtsaamee at 41.14 Ism Shasta 417'IS'11•S a c dlat•.te at 11.14 teats lies.• a11.33•41•r a Ilia••.. •t 34.17 8e411 Sheiks, 144*44'31•It • dtatassa .1 44.13 (sits . 111.11'43•M a Iistaat• et 44.31 [aft, Sissy. 143'll'13•1 a dtataaa• at 11.13 Coati t11m as 444'11'/7•t a dlstams• et 131.41 1 toot eh. e•444•tt'*1./ a 61e6604• .t •131.34 tees? ta•was s•1•IusI•I1.11 a 66416646 •t 1141 tees) t►sat• 011.41'44•v 4 . . I1.1aate et Mat Cage/ Wades1r44•ai•11 • dl I $1.47 toss/ taawt• s•4.71.37.14 a /&wage• •C 116.17 diet/ thence $I0•i3'43•r a drams(. .t 44.16 feast sa4.13•l3't a (tesase• et 31.31 (mats taros. 117.13.17'13 a dicta t 7.11 • tees t1 she 1.1mt et /ptmaiwt. r CeatalsiM 143.11 der•., lase •c Is•.. ti 1 • I . ant!• of 24'21'43' an are distance of 42.73 feet to the point of tana'ancy7: thaaee Continuing alone said Marty tract boundary • 102.11'11'W a distance st 171.73 test to the point of cacratera • et a circular tsrve concave is the Natthrast having a radius of ^ 40.11 (oat: thence Southerly along said North tract boundary and ma arc et said carve thcooti a central angla of 111.31'34• an act distance of 117.23 feet to the pout of tangeacysthence •• canting, along raid North tract boundary 1143.318S1'W a distance of 1.33 lees is she pelat of crcrstrce of a circular carve. conCave to the Necthdast having a tulles of 1310.01 feet: tneate $octhrestecly sisal said Matti tract boradacy mad the arc of • ' curve, tirergi a central angle of 03'11'07• as arc distance of 111.34feet to a point, said point busts S21.11'll`N from the center tit tee circle of said curve: thence, 'saving acid Nottn • . tract line and the arc of said curve, cum 11$3.38•37•M distance ' et 31.10 laic: thence 312.41'37•W a distaste of 12.44 Lett: thence S43'31'13.11 a dist-ascot of 12.11 feet; thence f44.34'04'N a dlstaace of 11.11 (alit: thence 111.07'43'W a distance of 11.72 • feet► tiescc 1I4.17'30't a distance of 17.42 feet, thence • 412.14'34•C a distaste of 12.22 feet/ thencl .$03.00'33't a . distance at 11.11 test► thence 171.13'31't a distance of 10.04 • feet: theses S14.31'14•t a ditaace of 20.21 Lasts thence 171'41'074t a dlstaace of 11.03. teats thence 140.01'23'f a distaste of 11.70 feet; thence 141.40'13.2 a distance of 24.04 feet; cheats 14/'i1'4$•S a distant. of 34.31 test: thence, ! S47.24'31,'C a diataate of 23.14 test/ thasce 1111'00'20'f a • . distance. at 44.11 teat/ taascs all"31'4N t a distance 23.71 feet; tieace 114.03'10•'Z a distant. of 27.11 feats thence • SO4.43'31't a distance of 30.02 feats thence 100.11'31'W a dlstaace of 31.33 fiats thanes 101.41'17•S a distance of 33.12 • tests chaste 1124•43'23'C dlstaace of $4.10 teats thence 141.27.21't a dlstaace et 22.28 feet Chea t. 571.41'07'C a F meats of 21.0) feats aacs S72.34•13't a diataate of 37.13 'r feats tomato S31•24'33•t a distance of 41.41 lasts thence -t , • 124'12'16"E a distaste of 23.47 feet: baste S07.11'17'W a j distance of 21.20 teats Cheats S31.30.31•N a distance of 21.11 i fetus thence S62.02'27'0 a distaste of 42.04 feet: thence 134'44'04'N a diataate of 21.31 feet; taaaco S 42.47'31'W a ^ distance it 30.2$ fest► touts 134.2t'$I'N a distance at 34.31 teats thence 133.10.14•W a distance of 30.77 feet; thence l$4.07'33'11 a distance of $3.11 teats thence N71.43'31•14 a . distance of 43.01 feet: tieace NI3.33'21•N a distance et 21.47 • feet to Us Northerly flight of Nay Liat et State toad No. 331-I, . said paint being en tie arc of a citcslar carve concave to • • Nocthtaet Laving a radios of 1140.01 fast and bases 120.00'10•W • free tha contit of the circle of said cv+rva► thence southeasterly • along said Micterly slight of Way Lisa and the ate et said curve • taceugh a central angle it i3.41'33• as arc distance et 114.77 ' feet to the point if tangency: thence 173.48•43'C along. said I n.ctaesly Wight et way' Line a dlitancs of 112.74 feet to the aforesaid Weatecly Line of tat Lee Co-,ac7 electric Coopacattve, L Inc., tight of ways thence continua, 173.41.43't along sago Northerly tight st Way Line of Stet* teed No. 131-0, a distance ' of 102.12 test te the aforesaid fastarly Line of the Lae County lieatcic Goepecatlr., ice., Right al way: thence continue 373.41'43•L along said N.cthecly tient of way Line of State toad 4111 No. 131-d a distance of 131.13 feet to the aforesaid asateciy tight of day Line of State toad No. 131 and the arc of said curve t . cancava to the West having a radios of 3417.71 feet, said point beats 174'11'40't Crest tta clittac at the circle of said curve; . thence Northerly along said Westerly Right of day Line and arc of • said curve, through a central angle of 01'31'17' for an arc _ 1 distance of 414.17 feet to the Point of laginning. I LESS AND cMCtTt from the •bore described parcel of land lying in • ' aforesaid Dsvelopseat Tract-A, that portion being pots I particularly dsactiDe4 as lollorsi • Constance at the intetaectios of the sorth tract boundary of said ' j , . Development Tract-A sad the westerly Right of Way Line of State i Road No. M. said Intersection being shown on aforesaid plat as • Point Numoer 3, thence run $02.21.33 W along said Westerly Right ► of Line a distance of 261.0) feet: thence continue along said • .eestsrly Right et Way Line M07.30'21'11 a distance of 40.00 tees • • to the point of curvatrra of a Circular curve concave to the Wear having a radius of 21117.79 feats thence Southerly along said • • .4saterty tight et Way Line and the arc of said curve through a t,i. d • 1 r 9 8 • central angle of 01'31'13' an arc distance of 104.32 teat; thence • leering laid 4astetly tight of May Line and the ate et said curet • run 11%7.23.31.v a distance it e.io teat; theecs WS7.Os'Sl'4 distance e( 17.11 feet; thence 0143'13'11'W a distance sC 14.71 teen thence Rt1'23'13'W a distance of 13.70 feet, thence 1111'51'42'w a distance of 17.44 test: thence 1111.31'34'w a distance IC 11.12 test; thence 1112.21'34'W a distance et 11.13 teat; thee(' isg•ea'30'W a drataace of 33.46 Lest; thence N77.31'37'0 a distance it 11.07 lefts thence W77•46'I1".1 distance et 20.32 tett; thence 1114'54'12'W a distance It 22.10 feet: thence 1113'I1'14'W. a distance of 16.11 feet; thence 1117.12'40•W a 41staace of 2.04 feet to the Caateily Line et that . certain 100 toot wide Lee County tlectcie Coop,cative, Inc.. r Right of Way and the p01MT or atCLONING of the parcel it land hetelnaftet described; thence coatlave X17.11'40•0 a distance of 21.11 tilt' thence i11•30'07'Y a distance of 13.30 feet; thence 113.30'52'W a distance it 17.17 (auto thence S11'44'31' 1 a distance at 13.10 feet; thence 1111.33'03'W a distance of 13.11 teat; thence 7174'11'04'W a distance et 13.10 Lest to the Wilt Line st atecesal4 Lea County Cleetrle Cooperative. Inc.. light it • May; thence 012'21.31"W along said haft light it Way Line a distance et 444.01 feet to the lectierly Right of Way Line oL State Reed Pd. 131.1, thence atoni said hetthetly Right of Way Line tvn1173'46'I3't a dlstaace et 102.12 test to the aforesaid tact Line of the Let Coonty Listing Coopstative, Inc., light et May; thaa(e $02.21'31't a distance of 641.22 feet to the Point of • fellnnin,. • • Containing 7.03 acres, note ec less. A LS O . parcel of lead lying in aforesaid OCVtLOPnrwr TRACT-A, eL the COLLLIR RCJ10 TRACT (AT. according to the plat thereof. as recorded in plat Soot I, rages 41 and 47 of ins Public Records et Cellist County, rletida, beteg note pacticulatly described as (alloys% Cessenee at the Lntersectioh of the North tract boundary of said Osyslepaent Tract-A and the Westerly Right of day Lin* of State ,; Read he. 131.. said Latecsectlee biting show en aforesaid plat as Point Pusher S. thence run S02'11'11'W along said Westerly Right of L',ae a distance of 261.11 teat; thence continue along said • Westerly Right of Way Liao $17.30'21•W a distance of 40.00 tees to the point of curveting el a cltcelar serve eeneaye to Lite West Eaulag a mites of 3117.71 Lest; thence Southecly along said westerly Right of Way Lies and the arc of said curve Omega a ceattal angle it '12•lf'07• an arc distance et 131.41 left to tag Southerly high% IC ray Lind of State Road Re. 131-0,s•L4 plat bests 174•31 11•t tesa the center of the slttle et said cccve; thence slew, sail Senathecly Right it Way Line At State Read Vo. 131-1, ton $73'ta'43'14 a dtst.ace et 220.17 fest to the P01W! or 1=101104 et Ski beceinattet described parcel et land said plat also being the Wostegly Lino It aforesaid Leo Cavity tiectrlc Cooperative, Inc. Right of e'ay: thence tontines alssg said southerly Right of Way Lino it State Road No. P311 M7$'(I'43•W a dletance et 212.11 feet to a point it reclaterrs it a ciccolar cerve eeracave the Northeast Karin, a cedilla et 1160.11 Lest; • thence sotthveetacly aleaa said loethecly Right of Way Liao sad cbe ace it said curve through • central eagle of at'Y0.30• an ace distance et 213.01 foot to a point beating S20.21'33•W frost the ceatet it the tittle of said floe; thence leach said Southerly light it Way Lind and the arc of said cute. tea S20.01'27'W a distance of 40.22 tee11 thsace S73'13'/0't a des uace of 137.01 feet; thence 1174'13'44't • distance of 71.11 feet; thence 371'2S'03•L a distance of 131.10 (sets thence st7•10'l7•t s distance et 73.12 feet; theecs s03'17'l1'L a distance et 20.24 test to the atecesald nestecly Lime •t Lee County Clecttic Coopetstiree Int.. Right of hey; thence h02'2r31'C a distance of 57.02 tact to the ',Let eC leglaning. • • Centaiaing 0.41 acre.. ante ec less. 1111 1.14 98• • 1 JaAW114T t3, 1181 RUG'S state sett 21 •a7ILO►a4Yt Aht,I ^ Ural •t1CAt►T30d twat seti.1. Fatt.l of 1a14, iris, is es4 be Pitt of MAUCO /tACI silt trcote./es(, astet4l.* to tag plat th.ts.t, as (overdid la Plat Net 11. Pelee 1 t*t•elh 32. latlsstss at tag ►.alit hilotls it C•lltot Co.atr, tlatids. 1.1.t sill /•tticvlatlr d•ecttbs4 se tall..•/ C440514e at t>te fett*vses lasts( •t•f•eti.s 31 2ay.tflp 31 Isiah. Imlay 31 last C4111et C.•str, 11at11.. said pees also twiw• aw tam sect 'sly Plat sesoduy IC at.tesal4 dams seed* asli Tes1t7- (tat. Is teams ee 0414 Plat/ shoots Eva s$l•11•ir l ale., tag Vogt* Ilea of said fetal» 31 add sail 11•cta•cir flat 1a.adacT • 41ata... .f i73I.I4 feet t. tag (01MT It acclaim It tat Nt.lamtt•t distil/spa /•seal of Iowa, Iliac, 1••'ta, sail 11a40 Les 817.31'311•4 a slates• of 37.21 feet, Lagos, 533'18'33•x a dietaaa• It 41.14 feet; sae••• 113•13.31.1 a disuses of 14.13 •tsvla a.«s 444.31.32'f • dist/Joa• el 43.44 toett to • 118'17'34'f a distaste of 37.7I teat) taut, 14143'4I•t a • • disk•.• of 11.11 feet/ taoots 4SI.3$'41s11 • dlIt.sce of 31.13 lest/ ucae• 114'31.43.1 a It et 1/.11 teen/ teems* si3'111017.1 • distaste It t7.41 test, 15•041 t+I3'/3•3f•c a dlat•aa. of 84.11 foil/ (Casts III'Il'17.1 • (fis(ds*• el 41.44 Cott/ 114r2$ ire a dimwit, of 33.14 foot/ Yost* 171.11'11.4 a • distaste s/ 41./3 16a41 guests stri/'J4•1 • dlasa•ts of 34.11 (set/ Neste I1s•II•13.1 a dl of 11.24 fees/ Is. sor3/•31.1 • dtsta.a. it 111.11 test/ th•Mes 1ar33•31't/ a distaste of 15.44 left/ 1$..s• /41.34'17.1 • dlatasts tot 14.74 test, theses 4I1•t4.1Nlt • distaste at 143.41 fest/ omits 11/•t1•ds•1 a distaste at 71.I/ fist/ %betide 413.3141'11 • dlitsaso 1t 91.13 tees/ theta. 577'13.27'0 a Release et 61.31 Celt/ /beats s11.41.1r1 • .lamest• et 97.73 fever O 11.31.27.1 • disease* •C 1.447 lists Yam.• s31•SJ931•r a d isc.... •1 140.40 foes/ 41404. 5411•1144.1 • diataaa• of 7I.74 feet, those. 131.31'I1.1 • 4lataaao of 44.41 colt, Osage ii3•si'33.1 • 4/stae.e et 117.31 feet, t1.ue 374 33'14.a a distaste tot 21.11 taste asses. M7r34•14•W a dteiats• •C 112.13 fait, ib•1e• P17•I$.31•u • distaste et 35.73 tette Ia st3.31•1••1 • distaste it 'Lids Colima miss.• 537•SI.11•4 • distaste of 11.71 louts thorn s3T13'11.1 • dlata•ce at 31.71 fest/ *felto sal is•1r11 • 41si••se .1 43.31 fa al Ia • 113.11.31•c • distaste 1t 41.41 Coed/ these' h21• 4"111-t/ a distawce of 43.3$ feet/ II...s ss1•3$'11.1 a distaste .l 11.•$ Cott/ l4414• 531•J1'3f• • distaste .f 41.41 Point 537'31121.f • distaste 4t 11.38 feet/ tu•oee 141'31•31'g a dlsta.s• of 11.I1 fest/ thesis* sir13'3I•z a dicta... IC 73.1/ lieu 'hoots $IM33'2I•11 • 4/ 1 11.113 feet/ twists P41.33'04•1 a dlst.ots el 33.It feet, thus 171•3I'30•f a •distal.• eC /4.fl hut thee./ 1J3•I1'43•t • di 1 13.1/ fast/ Wags 431.1$.41•$ • di of 11.13 feet/ t /II•l1'31.1 a diatom!' Of 11.11 foots tb s13.11'31•11 a dl/tast• of 11.83 lout/ 11.1.• si1'41.88•1 • dtalamto of 44.84 tail/ satiate 1141.23.37•1 • dlatease of /3.78 tees/ 5I1.11'31.1 • diast se• it 13I.7r, Coot. tosac• I73•I7'13•t a diseases It I11/ fast, ncs M4i'1/'34.1 a distaste of 131.11 felts ta.N• 1181.31.16•1 a distaste of 114.I0 Coot, theses • 171•3/•41•1 • dlsi•ute t /3.1P felts 143.17.33'C a distaste 0t 1117.s1 tees/ es* s1r33•srf • 4lusa*ea of 127.37 teat• use• s/rit•J/•i • 4istaaso et 1121* lout/ 'hest. /31.12•13•c a dos IC I3.1$ Slug/ Ill f/3•11.11.1 a distaste et /1.3I Costs lassie f11iI140",1 • distaste of 181.1) (loll thee• 4IN31'43•4 • di ( 3/1.76 legit thus. 111.1141.1 • diatasee. of 41.33 test tams 113.22.31'M a distaste of 114.I3 Ce•aa Yeses 133'ts• tamsM1 • I1•la.ct at 13.4i foot/ thee** 811•I7'11.1 • distaste of 31f.1/ tact/ 11I1.31.33•44 a dims*. toil 123.34 Calls te•n.e •33•11.37•r a dt•t•ss• of 11.11 (tell the•(. uzrsi 32.1 a distaste of $1.31 fcati th••s• 131.17'/l441 • distaste of 148.31 toot/ 011.33'31•1 • dl 1141.13 (sett th..t• M/0•11017'r • 1 d/ 143.13 feet/ th $I3.14'14,1'r a 4lstawt. 441 •1.71 • 4 9B ' i11'Rf'11'tl •S••/ is 4 tlestatli 1101 •C Yly Liao it t:t: Is: 131 ♦ 4l•ta•ta it 7113.31 lista the s. 1.1.1.1 ••14 hllht .f 14y Lins 1.a 11s•11'I6•14 a diat•se• St 134.03 fist to the taatarly Lta• •! is. •f 14 Lie Casmt7 tlegtrla C../•titi.e 7itht tat way as soot* es e614 Nett these N1.31'3rt sleet call Easterly Head ^ et hey Li.• • dlata.e. .t 2111.17 tale tar t1• Psl•t •1 eat ireai•s. Csatslais.I 11.77 /state oats .t less ALSO That eettala pores' s1 Rand. 1ytai Ia sod belay pet et of 11 4uaC0 suaCII ern ?ittan-r001. brain ass, tstticslatly 4aac111.4 as leil.its. C.4..044 tat the '1.tth.i.t (sweet .t al 11 Softies 11. ls.wtulp 31 1•'•th. saws. 14 taut. Galilee C..aty. Ilatl4s. said (UUN I slot beta, eta tee itat1.ri7 Plat bond•(' it Salts Seeeh 1.••t7-fret• as sees O Clad tlatl tames. Ire 11r13`irc •3.m0 tan Sawa llae sf fall Utlles 11 and said 1srtharl Plat I.s h• mdasy • disla•s. st 1711.11 eti thence leaelq sail 1I.• ass l/1'3s'1s•1/ • diata.ss et 31.11 t•41I a•.ase I31•11.33•r • 4la1eae. it 41.14 tilt, tlsate 111.11.31'11 • 41.taso .t 44.43 test, th.w.• 441.311'3r* • diet/irate et 41.14 Coats 1heat• • 111.31136•1 • dlstaaass •! 37.71 !sett thetas* 11l1.$3'34•t • • distaste it 11.14 tettt theses $ll'3$'41•1 • diatoms• et 33.7$ • 181t1 'sane• 134'33'43.1 a dlstasis sl 14.14 feet, llama. 113•14003•7 • 4lelatee of 17.40 teslt thews' 113.03'11•1 a distaste sl 11.11 Tula th••ds 3II41•I7'e • distal• et 43.04 (salt r/r33'Irc • dlsla•s. .t )3.I8 1441/ Sheets 071.13.13•t • dl.t••li et 11.19 teed shoats 113'14•34•s a 41•ta•s• •1 1447 lest, thirsts $31.1) 13.1 a lists•(• et 41.24 ('sit t1• diste•se wet 141.11 legit these. Se7.33.3I 1 a des%%%%. tat 70.4$ lest, taste. se1•3I.47•d • 41eta•s. .f 14.14 • lust/ ta•.ss S11.11114'V • 4llta•te tat 11).16 ts.t1 144.44'41•s • diets•ss .4 71.a1 fiat, Hints 11D•38'31•0 a • dtet•aes et 11./3 fists then a 177'51•27'e a 4latas• .t 41.31 tiles lh 111•41.13•21 • al •l 11.73 (silt r11.31•37.4 . disla.s. et 107.3/ hut those• 431.03.34•0 • • • 4tata.se et 144.40 (•eta tae•ts tt1.41•44•0 • diat•as• et 71.1C 1 (sett theses $3I.31'lt•tt • diatoms et 44.11 lists th s03.03.13.11 a dislikes. it 117.31 (seta themes 1174.33'14•r e d1ete41e11 .t 34.•1 te•t1 %mass t3r34.14•! • 4'ata•c. it 117_13 Coati limas' I17'01'll•1t • 41•tas o .0 111.73 t•eti t *Il•11'1)•• • diuta•4. tat 11.11 toyer these. I17•I0'Iris a /ti distaws• .0 34.70 (sits that• 13197.11*w • diat•s• it 31.74 lost/ those' 121.31'33'h a 41•ta.t* it 43.31 I••tt ths•t• 112411'37•t a 4l.ta1• tat 41.1$ (sit► • S31•fl'S1'is a 41.taae. it 13.3E feet; thtast 1lr3s•44.71 a 41sta.es et 41.11 list/ 533.31•$1't a 41.ta•se it 63.41 tuger th.ret• sirsi')1•t a dleta•ss it MSS Cecil Howl• a11.31'31•t • 41.1e•os tat 13.11 tail, 114.t• S679 1•34'6 • dl.taas• of 73.34 tint anises 110•33•I6•1 • 11•tla4. •! 44.11 t•sti tre••a• 14s•11'11•t • dimwits •f 3).11 foul the•.. SI1.14.31•t • .4t.t•M term a tat I1.11 tes th..e• 113.44•d3•I . d/etas• et 82.04 fs•t; thswte I31.31'10•I • 4lttas4• it 70.13 loots 1SS 14'1)•r • dialaN• it 13.14 (vats lh••t• 113•111.31•W • dist.•te of 31.13 (sett Hints S11.11.0/•t a diet. l 04.14 tarots tas's. s411•13.37•6 • 41.tewts .t 11.10 hug tar•••• 011'11'3l't • dietaries tat 11v:7/ test, that* 113.17'IS•t • dtst.at. .1 13.10 t.at (soma 11I4'10•39•1 a 41•lese• of 132.11 twat ta.rids s$l•li•31't • diatoms• it 114.41 Coil/ thereat 171•31'44•tt a distaste it 13.1$ lotto 11•at. 161•17.13•1 a • dialIMi e1 117.1) tact; %heats 1f3.3)•0ri a disease* it 137.37 tilts taints $4I'14.11•1 a 4astaase s! 114.111 toots themes $2I.13'11.1 a dtilasie sl 41,41 toitt Ibis.. 113.47'3l't a 411114at. tat 11.71 (sett 'hems sirif'lri • 41.sows• it 117.37 lost; thesis 111'3/'13'w a dlaluat. .1 101.10 testa them.• 103.0163PS • dlatal4• se 41.13 fait Clews• 113.33•34•r a des*1• twitfs .t 111.11 twit %Oise. 13rt1•�11 • 41.t4• of $3.4/ 1 f•st1 thew•• 14•l1'11.1 a dlatast. it 341 a. .3$ 4••tt whist. I10•11'33•r • dt t 431.31 test, taetM• I33'13•17•0 a distaste II II.4I 'huts 111s•t. 111.31.32•71 I allotaa•e at 13.32 gilt; Multi ■31.13•91•11 • instants et 211.31 toot, thsmts ■31•33•31•W • 4lataaca et 141.01 Coots %hems' 1t0'11'11•w a di. t 13.11 (4417 t1 1s3•14•34•. a 4t.t.•c. art 11.71 • • a • • l' as 9B • sill, thasta 11L•31')3't a distaste •1 7147 1..i, claws• 1IS•11'14'M • II1444c• •1 144.114 (.ill thus• 1.1•li•43'r a /,alas• 11 ILIA scut► (siege t14•13'/Sit a fl.ta•c• at 1)1.11 teat ...ate 111'17'41't • 41 t 11.1/ lt.l, ibis• 43I•I1'41•M • 41 I 314.s6 (teal ta•.t• 741.34'37'11 • dtata.t• 44 111.71 1•otl ta.wc. •41.11'114.4 a 44a4•s1 at 117.41 ('•al 111ws• 414.31'11.4 • di I 114.74 (..t, aa.ns• 331.31'11•4 • dlstaws• at 141.34 teal, abase. 12/.4l'34't a Matisse at 111.3/ teat► saint• 443'43'34'Z • I111.ws. at 137..3• lull 'boat• 131.31'14.1 • Issauc• it 117.3i toots ab.weo al3.13.14•t • d at 43.73 t.ati $41•31•111's • 11.1.•t• •t 131.4) S•.tr u•aer 114.31.33'11 • dtet.ns• .1 111.7s• (sill iliac. 131.73•46'1 a diata•ea •I 31.41 lieu 114.17.33't a distance at 141.14 last, chase• ti1.31')4•t • di•tas• •4 123.71 tow tl•st• •I3.21•I4•i • di...wce •t 143.12 Cosh Ilexes ■14•13'31•t a 11 1344.3I ta.tr theists •33•3I'iI•t a dl,t •1 111.21 twit Itasca 1144.13.12't • 411111.e. •1 214.31 1.st1 lsawc. 134.17'1I•t • dlasawca it 141.1• lisle altar• 1131.12'31•t • It t 134.37 14.11 to 1111.41•31'4 • dl t 44.42 (tit/ tb•ac• •13'21'2ra a 41.I.41c. •4 223.44 1..tr tlaos• 1111.1/•31•1 • dl.t.wc• al• 3s4.47 taus; &teat. 011.31'13•11 • dla 4 12.12 Steil ...sat. 1143.31•14•1. 1 ds l 31.111 (.•t, tt..c• 1.4)'47.31.1 • dl t 31.31 tttt► ch airs ■o3•I1•l4't a ii•ta.ca se. /1.17 lull aho.(• /)I./1'31•s • di.taacs •t $sass lull thirsts 1111.11J.7'33 1 a II•tsss. •t 41.14 Coati that. 111.31'31't a dlat.Ac• at 11.14 lass, teasel I11.41.14•1 a II 1 111.71 lists 111.31'11•1 • di t 114.37 test/ • 1111.44'31.1 • dl •t I2.71 /0.67 11•ats a1•'I1'22•t I 111taws, •( $4.11 tool/ tl•ata 1131.13'33•4 • dl t 13.44 test' shale• M1l•14'32•t a /,,cries at 134.13 1444, e• •I1.41'l1•1 a dlsta•e• •l 71.113 test) 14aas• III.11'44•1 a dlataat. •t 47.11 loot, Woes 114•31'44•1 a dlat•as• 4.1 1743.74 tool is •w lat.e••stl•• vita tat Westerly Its. 411 u. Lee Cavity Slottets C.epsr•a1•o las.. light •t ray a. aN.a ea •I id plat •I Melt• •oath eels treaty-f..el taeas• s•rlt•31.1 el••1 maid W..tatly this •4 ray lane a dlat•ac• •L 2111.11 lest to sa 1st ar1sstLoa with tI• 1a1141arly Ll.• •l at /1 La• C.•atp tlacjtt. Caap•ratlrs 1w4., tight et May so Chow* as at 11 • plat •t Math 1aac1 Omit treat7-fart, twawts ■ atom34•14.11 atom I said t.sll.riy tight •1 Way Limo a dtaeaac. •I 716.34 that, shoat' 1•.1lat said laatl.rly 1104 •t ray Liar $74•41.311•11 • It•lawe• •l 41.611 cirri/ taats• $14.11'lrr a di00000• •t 71.31 toill Mies. M11.11.31•11 a /,sail •t 11.111 last/ taint• O/s•32•II•r a distaste et 77.43 (lull thews• r11.21'11.1 • Il•taws• at 47.42 taste tl4.c. $a1.14••1•M • dissass• et 74.33 Close •• 1111.11'27•01 a distaws• •1 1.3.31 ills, sa.as• 117.11•47•r a dlstaasa •1 /1.414 test* Mass• •111.34'23•16 • • d1.taat. it 13.7e isles 111•Srlt•r a Olt t 113.13 • 1.111 Hales 1111.11'37•11 • I1.ta0• •1 117.11 teals t1 •1.1.11.31'11 • 41•t1K1 •t 113.1) toot, taws• 1111'34•I1•11 a di I 124.43 /.Olt /Masi r•1'34'3t•r • I1.tasc. •t 34.32 l••a Is all !1 earth Liao it 1•ctlew 31 mod ■•tt1•e1y 11a1 •..slily •I sari• sties salt t..sty•t.rs. ••14 ►alas heat• • •41.13'41•$ • 41//.a•1 se. 11341.31i Coot lass 41e Isot11.•11 entail( se. ,ate Sisal** 31r tease• •I1.43'a r r •saws •aid Liao a at•a ate .t 1444.71 Salt la 01 notch 3/4 corset •t •l 11 lecelea 31i taeoc. 1117.11'll•M sisal tag i.e'* Lla• at said sac11.• 31 sad asrlb0111y plat aria/.,)' 81 Wages 1.4406 1.11 trt217-tilt • /,•case •t 113.44 gig' t• 164 Mot aI as/lads•. • C••tatalag 211.11 •seta• mots et sill • • ALSO That c.tt•l• ►sere& •t laid. lylag la sad b•lal peas •t at 14 t1AlCA Ic1Cs SUIT lrtirt7'POv1. 141.1 mars particolaciy d••tllbsd a• Colley.. C•aaaws• •1 IRO O.sth:sss a•e111 •t aastt•s 31, hwa.hl► 11 1•w111. Mali 24 tact • C.111s1 C•.wty. florid.. sail cora.. also 1►.IM sa ale 14 8•4tlasty Iles ae.M•ty •4 ROCCO wash Vote. t..wsy-fast. dead/ saw 111.31'14•S align 0./1 11.. • dla'.ants •I 173.3S taus is t1. sows or WCGila1MG et the 1.t.l ett•t d.actlaad f.ttsl It laadt theses c•atlaaa •13.3d'11•t • dietaries •t 111.11 toot t• it* I00000*silos vat* the M.alsely 111154 se. laws •t tuts Road We. 111 •a a h1a so .aid ►late tbeaca era • 1 , 98 4110 fist. theme• •Il•/1•17•W • des •l 41.11 tool, u.ae• 111•11'11•v • dlst•as, al Sc.', toes, 4sr11'1,•r • 41.100tp •I 41.21/ Ira.. /31••1.irw • distorts •1 41.e1 bells taut' $44•31•12•w a distil/Hs at 11.11, Moot, •ll't1.11't • elttasaa it 11.11 Nett tae.ee 111.12.31•10 a dlatars, el 30.11 lash, tams. I2404/•24ow a dlatm.'. •t.11.31 fees, ,moos• 111•s1'11•es a dlei.ase •t 11.41 Ia a, ii..s• 1/1.31.33•1, • /.•Sass •t 70.1) test, is..e. •31.31'I7•14 • dlsa•.ss sl 16.31 loot, ' •71•la•It•v a 41etens• se 111.24 test, is •31.11•01•e0 • dsata•es at 81.44 toots hoot. 1111.33.31•■ • •t,l.•.• •t 11.I4 lost, t•'at. 111.37•s1•r a diet...as• QC 11.03 trot, 441'31•4I•v • dlstaac• .S 41.11 tests ,woad• 113.27'1I•r a slala.s• •t 3/.13 toad theses 444•31•01•v • flatmate st Oat Spilt t• • relit it latstpsstl•. altk Sae aletssal4 testtherly f+llst••l.May Llws •l Suite Mad ,toil el. sale setae se lot*r,estleo Nlm1 sw the are at is. •t 14 sirtsiat sites seas•,• N Vote Met.'.'% heel., a rally' it 3331.2e t•et sad Marta radially 1li•31.2t'ef • dlsaaas• •t 1331.16 toe% fume the seater •t ass steals st 6114 CUM, there, $.rts.,.tsrlf. *lime ems ace se gate eves,. this's% a ss 1 moils •l list:•/3• as ore diets/lee It /17.3/ teat to tag tom •t $, 1a.la4. Coats**, 14.1/ rites. sets et Sees. • • • • • • • • • 1/0 9B • f••t1 twat• 313•3•'33•C a distant. •1 11.51 (eat, ewes. 111.13.11•11 • dlataaie at 111.•1 twee teeacu 541•40'/l•r • 4letaac• •t 13.74 (eatl isaas• 111./1'/1•t • dlataas• •t 11/.11 tests tkeac• Si2•11'11•C • dlataace-•t 11.SI taste ‘haac• /St'33112•r • dlaisat• •t 311.I4 (•ete %huac• 131•t1.11•m • dl•tsac. •t 37.62 taste Isaac• 111•11'31•e1 a dlataace •t 23.11 ta•tt thence 111.21.11•11 • distance •t 31.11 Coati tl 131.11•31•11 • dl•taac• It SI.•a fasts %Otac• 111.11'al•j a •fat•as• •t 47.21 (me th 113.11'11•11 a /lataw<• at 13.11. teat► thence 131.11'.13.11 a dlataace it 11.71 (i•tt %halite 131.11'3••r • ill etaas• •t 31.11 teetl lbaas• 133.21'44•v a dtetaaci st t4.11 test I. the MR Of ICCL•w111C •C the parcel •(. lead has•Laa(tet daectlled1 taws(' 11s•ie'N•tt a dlata f 31.11 test! %Agee i13•17'law • 411taat• et 73.43 taste Choice 111.37'11.1 • distaste •( 11.71 hit, Woes 171•t1•t3•• a r dlataas• •l 11.11 (eat/ tliat• 173'21'1461 • dlstaafs •t 14.01 teat, Cheats 111.3142•1 a dl•taats •t 71.11 t•ett 131•e4•33•11 $ dlstaat• •( 7O.37 (Wig Ilge e11•12.33'r a 4lstaas• it teal legit tlssts 117.3Climea'1 a Ciliate it MSS feet *Naafi 137.11'11•1 a dl•taass •( 13.71 Siete to 113•31017•1 • •l•taat• •C t/.31 toile fleas• $73.31.41.1 • slat•as• •t 11.11 help lion•• •71.10J1•1 a dt•*aas• .t 11.11 haute isuafl M71.13'31'4 a distaste it 71.13 test/ is • •11•al•SS•1 • dlstaas• •t 73.14 (out tle•sa 13/•13030•1 a • • ale sae• •t 71.t3 huts theses 121•ll'31.1 a dl ( $1.lt tees theas• 011'14'33.1 a dlataac• at 71.12 tests is 113 32'11•1 • dl•t•ac• •t 13.31 feat/ Ileac• 123.23'11•v • • dl t 31.31 Coate iliac• 111•3I41.11 • dlat•as• it 44.11 laatj s• the 111AI Of Is1(aalal. Caatalalaj 3.23 attest mica is lass. • • • • • • • a -__ •. 9B JASOA$T 13. 1111 JOI.1 4TTYtl;f CAUL 01TILO/atxt l.7tLA LtGiL Ot4C117T3O+t That .sties pate& at 1444, l7/a1 la a•4 bete/ poet et *AACO BUGS OMIT S1Ytlrttta. ales/tat 1e the plat thereat. as t.c•eded 1e r14t le.% 4. Pets. 112 tht1v1a 114. lstleel.. et the Public O..•td• •( C.11l•t C•vwt7, 7L•tts.. %else see. parttevl.tl7 d UtttlN as toll.vso • C•s••es• at Ito c,atstll•• la los et /vtt7.s4 C.vrt 664 flat• te44 14.11 (t.4llts44) so 'keen ea the Flit •t A SERA/ 0/ I4AaCO atACa OMIT rurT1c1, acc•tdiel is its Flat lieu(. a• 141,4464 1• flat that 4. fele 41 •t the hells O.cotda et Csllltt Covet?, 11•61460 leis.. roe 133'4l't4•t alas, 0414 c.at.tllne et Slate Mod 44. 12 • dlet•a.. •t 111.14 (6411t tA.•te 634•16.44•z a d14646e• •t 1t:40 144ot is ta• wtta.el7 Alea% it 467 Lis• •t .614 flat. fd.4 04. 136 •464 tk• petal 41 •t a .ostler I. u• Pitt 146vlso a 4441.6 •t 3131.36 loot/ that• toe 144414 If alibi %k• art of 0414 tvrv. &heave% a c.ntrel • • aa1 16 .t I4.43 11. w Ott 4t•taa.. it 211.43 toot to %A. 1O1x1 Cr 414104104 et tt. ►.t•laalt.t 4664(11.4 petrel •( 14444I east.. 1•a.1at 4614 Mv •tlL.tl7 Oita% it 11.7 Lis• •t f&ato f•e4 .. 11 row 011644 67'1 • 4t444440 .t 14.66 loot; tt 144.66'13'4 a llatasss .1 43.17 1446/ ta.•t. 174•44•17•6 a 41 1 43.36 (•416 164e4. 131'34.31•11 • dl of 47.11 t.4t1 tt 1113.31.31.1 a dl•ta•co •t 64.14 (e•S, tt II0.13.41•t a dlii...• aC 26.74 (sett leis.• 133.11'14•t a 4116.a44 •1 44.21 14664 0114746•Z a dtstaat. 441 41.111 foot; th.ac• 011.31.17•t a dlataac• et 71.44 toile ttiscs 466'41.17'L a dlatasc. •l 61.42 toots it..c• N11'12.34•6 • distasc• at 73.21 l•.tt t 074.41.41'6 a 41 •( 60.41 (eat; thief' 011.01.36'11 a 414taat. •t 11.41 testa 66..46 v73.62'41•4 a dlde.ace at 61.16 lest; tt. 72•16'll•t a deal...• •t 16.76 11e41 taut. Pt1•47'34't • dl t 141.43 loot; thence flt•01'11•t a dl C $4.33 test/ ta.acs 136•31•41•t • 416ta446 •t 14.33 toot, tk.•c• v11.31'12'6 a 4/st46.64 •t 71.11 test; those, 061'36'67'6 a dl •C 47.61 (sill tk.nci 411.31.31•t a 41614.4• of 41.67 14 %1 tt.nt• $41.11.17•6 • dl.ta•c. •4 44.13 loot/ tk.ac• 671.31'34•6 a 414644466 •t $1.51 Cost; those 142.51'13't a 41 •t 143.64 144%1 1111•24'36't a 41 C 36.33 tests 046.34'23•t 41 ( 41.16 144i, tk.nc• 611'13.37•1 a 1t4i.sc. .1 /4.16 • (e.11 Discs 011'41'41'1 a 41 1 111.41 (Sell 211.17.31'1 • dlstass. •t 71.66 lest, these• 471'30'61•c • dlstast• of 41.64 toot/ latht v1t•lt'61't a dlst.nt• it 11.61 (vest thin(• 076'24'46•C a dlsts•c• .t 17.13 (loci 4h •le.33.11'1 • dlataat. .t 11.14 toile those• $67.31'47•6 • dlat.•c• 04 11./2 (sort 4ae6%e4 f13•I1'43'1 a list%%.• et 71.74 ' lest, tk.sct 211.33'36't a !'tutu►.• •l 42.44 level t4.54. f11.43.30.1 a dlitaat. •t 1:.13 (vet1 toasts 1111.21'61'g a dlutaat. .0 236.11 146t1 IMss. $2r63.11•8 • 414440e6 •l 41.17 tests I►'sc• $$I'1l•33•Y • d(ata.c. el 13.43 (sot; 1133.31.14'v a alit.... el 41.11 1641, Skis.• I21.33.37-+4 4 1106a016s .t 13.17 (soil test. 1170.33'3I•v a {eats.. •( 11.14 tact( %Rees• 041.32'I4•v • it c• at 3/.1s (04%1 shin.• Ot!•It'I4•v • diatom, .( 77./1 1444; theses 471.40.31'v a alit•.(• •t I/.21 164%6 tt 163.13'11•v • 4l6i.ac• of 60.76 1646/ I►.... 464.34.37•11 a 416166ce i( 46.44 t.•tv iliac• • 413.3I'13•v • dIitass• •t 41.13 /oat; %bass• S11'11.11'v dt•tsoc• at 37.02 tests east• 43343'62•v a 41 [ 33.31 tacit 614e44 43143.16'W • dtsta.t• .l 41.41 (sell 1.444646 t70•74'13•1t a distance et 40.61 166c6 three• v34.73'41'e a 411t•at• It 43.36 tests it.... 417•31'16•w a dtstanee et Il.77 - toot; t 1143•21.41•11 a distance et 13.73 Coate th•sc. s13•H•31•v a dt C 47.34 (set' ta•st• e7••l1.17.w • Statists of 41.01 (sits to 71'36'03'v a 41 t 11.04 6 EXH B 9 . • JAItu411 11, 1111 •ASfitl.a tat ItstTl11It3t1 Ogv toPstsT AMSA LICAL OUC11P1gOt teat pascal Load lytay is add titan Pact et A U7UT 0l A PO*T2as 0l Itasca /licit sni/ firms I1A1 t• Ito plat tt.tnt as tfcetdee is flit list 1. roof 47 et Of testis Iac.t4s 4Pt•Ca111f4 Caelsar. 11s1144 .ad •l PAIG0 MCI nit 111TCU. accttlln1 to gas Plat tsatset de tacu dal le Plat Oast 4, P,/.s 114 t•cnas& 111. inclusive et ill M11€ &acted.' at Caplet Gwtp. (lends. sots' sets ►ottlse14E1y dsectitsl 64 (sleeves Cse••at. at tl• cswctiltae late toe St Ptctla•I csttt anal State teal eta. 11 (is.11two41 as sMvls Its sate Flat of A 117UT Of A I007104e Of LUCO ICAO! MST ItfTCta<I thaws. eta 133•tl'14.1 •3•w1 fall tiOtetilaa it lead le. 17 a dlst1At. at 141.14 (fete 34.31't$'0 • diatomic* et Sill test to tie Saetlalat.ply !lift at eta tawo el said State heal se. 11. dad Ise Pairs Of OtClovisd et LA. aatalaa[tts dadatifad Paull st land. said Pala• also seta/ tea Fetes et ertvatets a/ a cltsrlar setae. tease's Po ty Silvia/ s eddies et 1171.1d feet, • few dents ly slow/ ts,a ant et .411/ camp tatwcw a 1 awlla it 31.71.lr sa ant dtataai. of 111.43 teat, tA.Ata revery sate /.ets...tstly !lost •l ray Lies add its el sail • elite., tin 172•31'17'0 • dlat••t• •t 31.34 t..tt ilea•• 111'41'21•44 s di t 41.3s (set, thaws, $1$•34.4I.14 a dl t 41.4/ [sett that's* /11.11'I/•Y s at t 4).4) (set/ Diets $42.3)610eed a dl ( 31.31 lest, tt 7.74.01'17'W • di sl'31.13 gal/l gloats I34.11'43.4t a disuse• .1 113.43 gists %beet• SI1•'2O.31•41 • dtalaac. el 37.71 • (set/ IA P44'14414°0 a 41414501e •t 31.31 lasts thence 134.31'41•41 a dtats•ce it 37.40 goats thence 117.31.14•c a dl 1 31.71 cast, Idi'7s•34•1 a discuss a( 67.21 taste this(. 141.10'23•14 a dl to et $6.21 test, tt 443.17'41.4t 1 distaste of $1.14 (auto llama* 117.31'41'0 a • dlai.ats et 3I.MI lefts newt. 427.23'11'11 a distance et 43.41 (esti 043'2241r1 a distaacs o1 $3.10 fo.tt tA.wts 141.12'41'n a dlataact •g 37.30 (sett tbawc. S47.14'11'0 a dlatawts it 41.34 tail, t 147.44'33•11 a di l 43.73 tilts 173.44'3344 • dlataate •l 47.10 (sate ileac. 673.17'41'W a distils(' at 00.12 geese chaos. 071.33.39•V • distaste it 41.11 (sett elute 137•1/•24•11 a dt •l 47.11 (ant, %Stete 1113.31.41'1 a dl.taate of 43.71 lest' tonic• 177.11.31•S • di C $4.71 (sett iliac. 141•11'31't a distaste of 31.17 feet, tout• /13•41'II•6 • dl 1 44.31 (sett glossa S11'17'47't • distance eg $4.21 testi essay. • 117•31413•C • distaas• et 14/.77• Cotlt Iliac. 4I1.41'41'L a dl L $1.17 (sett thence 131'41'7I't a Ill 111.I1 Lest/ iliac. I43'lI'lr! • distaste •l 12.14 (sots • S)1.71'21•C • distaste •l 66.23 lost/ Iliac. S43'14'14'1 • ditts•ts it 63.13 toots ,$•i/'31•t a dl 1 70.11 goat/ tf.ato I34•1$•37.1 a di C 63.0/ teat, 21641441140 a di 01 33.41 lesti timed. S1I•11'16'0 4 dl 1 $1.73 (sett tlsac. 131.41'4440 • dtatsats •t 31.4% east 641440'11*W S distaste •t 41.22 left' teats 114.14.O2t a dittaata it $1.14 (sett glance 324.11'30•C a distaste •l 41.13 loth t '014•37'31•t a dlalaa.ce of 72.44 lefts thrice 111•21'14•l a /1st.wte •t $4.77 goat' se.•tr 631•10•13•t a dlstasts •l 47.41 (sell then/• 133.04'20•$ a 41 1 44.61 taut, tatwts 033.23.01•g • di •1 321.33 tails tltAt• 411/ 1171.41'11.0 a distaste it 111.14 (estl t1.mi4f 531.03.11•t a dial. ( 74.3/ (eats newt. 1123'43.334t A di 171.4, gait, tee■te $11.12'14•t a dtasaace et 41.16 least dowse 114.41'14.1 a diagawco •t 13.11 /secs S14.46'11•1 a dl t 44.43 /sett tIewts 1113.33'4r t a d/•loess at 41.44 (soil t 10/•43'2/41 • dl tt el 61.41 Costs clown• 004'33'62.n . di C 17.11 (oats %hiss• 144.11'47'r a distance et 14.44 tests thane a31.03•72'n a dl t 31.43 • l .. ,• 1 • 9B • 1..t1 tails• I11.14.11•11 • alit f 11.34 till, t1.at• $31.31'12•w • dl•luts •l 11.37 Cult 1e 34•I4'14•14 a . dl.taa41 at 51.13 11.11 th at• $I3.31.14'11 a dlal..t. •t 114.41 lute 1r' M41•,1.32•11 • at C 11.13 toot! tales, . 111.31.14•11 • 41•eaa40 of 31.41 16111 thud' 112•I1'47't • dlit.ad, lit )$.14 test, 141.11.44•4 • 41•taat. st )1.11 taste ta.wia 1423.33'11't • 4l•taws4 et 34.11 fiati taeats 1131•9)'3e'n a 41111l4164e et 14.11 ',evil those• a]1.31'I4'x a alit• t 73.11 . 14411 111•,l•l3•M • di • it 41.42 lout .sail ' •43.47'32'4 • •1 t 34.41 tells Cleat. 1i7.11'34'x • 41 C 33.11 gust Iu sc. w37.31•31'1 • dl•tawt• It 14.41 tuts ta as• 131.37'31•0 • di t 111.33 lull la ' 141.34'34•M • dittoes' •f $1.74 C.•tt Iliac• 1132.11'/S•1 • 41 . •I 12.37 tuts 111'll•irer • di t 43.21 • tacit 111.21.31•W • di C 71.34 taut r 113.41.12'11 a 414taai. et 73.14 toots talc• 3143•11•32•11 • distaste el 133.34 t..tt taut* 114]'34.11•• • dli 1 41.43 ts.1l thous. I44.47.33•18 • dl l 41.17 teat, to 143.34'31•M • di L a3.1• tuts Cause 1171•43'4r d • dl 1 11.13 lute %host• ■11•31'31•w 4 diet 1 31.¢4 lost► S47.31•I4•14 • duties• e1 71.11 tut; s31.11131•111 • /►•tries It 1142 toot, tl.wtu M42•14'31•W • dittos• •C 11.11 lisle 43.41•I1.4 • 4141a•4• it 11.23 1tit p 1141•/I'31.11 • dl at 11.11 14411 ta.aaa $lf•43'11•11 • d1/t,a4• •t 71.70 test, slat. 113'3/'21'M • • 4l•t•die •t 13.11 1.411 slat• 123.33•144 • distaste II 14.41 . tits •ttttI •3$433.44•L a dietaat• lit 31.42 fll 3111')I'lIi • d►gt,at• •t 11t.i1 Isis► ta.•4, /11.41'!1'w a e 41.1414. •f 41.13 f•ett thous ■lt•37•l1•w a 41•t••ts at 11.11 Cut, I thous P11.31'31'w • distaste •f 17.44 111011 . 121.13'13.1 a disuse' •f 11.14 14411 dais! 04193.33•C • dlat•at• II 1/.11 14414 (heat* /t1.13'11.1 a alliaws• it CMS Cult •143.41'33•1 • dlataats •C 31.13 rota! 1131.11'3I•t • 41 C 31.11 toile alsa4l 111•34'37•8 • 4latasa. •t 43.31 tut: to 31./1'3a•M • dl 1 31.14 lute 1]4.31'13•11 • tissues •C 11.13 Lott ' 113'21'31•10 a dlil.a.• it 71.7) l••tt Iliac. S44.31'S4•w a 41ttaat• •C 77.33 Loll l 941.3/43'W a alit C dull train ■11•31•13•14 • dluiaac• it 13.j1 lout t•a•c. 174.81•11'W • 4latawc• •t 74.47 tuts 1a.ac. 11r71.3r14 • di 1 11.11 test! Iliac• 11r21.33'11 • 41 C 14.11 . Cult taus. $13'33.11'11 • 41st••e. et $3.34 taut Chao!• M11•II'27'w • distaste et 44.41 t..11 lisle 134•31'l1.1 a al/taste •t 114.11 teat, thus 13C1V30'W • dt•t1•c4 •t 11.17 Coate 71•31'41'19 a dieter's• at 47.61 (sett %heac• M43.21'11'11 • distaste et 41.11 Cum sills. $44.41.23•t • distaste •t 31.34 tout litmus L33.41.34•w • 4tataat• •C 131_07 • tuts thous 1Il•14.44•$ a 4i11•..• •C 131.71 toot to • rotas •t 1• les with the Meths•.% 1tu•dur ills at Lit 4. Slut 427 •t at 14 Aram Nita Solt /illa.s. sold midis slat lilt$ •a ca. twta astafly 1l 1t • N t Vey Llae •4 Cmlaad OHMSKlr. •s s.• es il• salt piati tas• 1irit•14•tt alit./ said tseta.aat.11r PJ1lt.•t vs/ Li IC C.sdl.wd dt i ti e, • I/atc. it 147.1Cut3 Cut to Ill IsLivas •I Cif 1 • 811111111 sec.,. to ata.. to tat list 'wrist • 1N1•• •t 144.10 teat, thous I.uthesstuly. in•.ta.tlr est lu./ta.a•la41yT alas, 814 us •l salt sal.• taf•wi• a stoical auto al 7r31•dd' as us distaste 01 343.43 legit was• louts, said lilt •t ter 111141 tee $l1.33'3J11 • 42•t•u. 44 04.41 (lilt S, shout, ■14.14•21'1 a distaste of 11.47 Suits t1�.st• llrld•lrs • distaste it 37.11 Cute peas• 141•II.31•1 a tissue* et 42.1) Cut, to 172•l$•)1.1 a Itetau• if 1T.10 tilt, ta•u• 131.3/•41•4 14l/1•u• 41 33.11 fait! thou, 111.11.11•L a distase• of 11.31 ('st, t1•as• I11•31.41•11 • disgusts •t 31.14 Cute 30.31.14•11 • 4l•tsus at 11.33 tilts shuts 133.31'3S•11 • dl•t•as• it 44.11 taus thou. $14'21'32•w • Ilatau• 44 33.11 tact, lh.as• 1183.14'37•1 a 4lstauts• it 34.31 Suitt %bt•u• 1I1.33.31•11 a dlataut 4'1.46.13 Islet 'huts A • LII•I24l•8 a distaste if 74.34 lute, thous i38•27'l0•8 • 4lsta*s •1 137.11 CuspAbusei1r37.14•S • disuse, at 41.13 t49t1 thewl17.47.1 •1 a dise•u• et 11.30 Cuts silos• 1I1.24.31•$ a distaste ell 12.37 reset these $24.11.30•11 a 41•taad• el 44.1S tests t1a1s• i14.31•31.1 • 411/sate •t 3i.it Cum ibises 811.31.33'8 a distaste •t 71.47 Scutt ta.•c• 111'I$'31•L • distaste et 13.33 scuts slew 114.13.31't • i 3 . 0 9B • JAW4A11 13. 1111 C0OS4re 1A11114 Str1t4/41i1 A.MA LICAL 11t3C1tfllel • A pascal at lewd. Wag la sad lslml art of the plat of XAIC0 !MCI mitt 11if7it7s. acc.g41ao to IA* plat Omega( as ccccc 4'd is Plat Onus 4. 'alga 113 tatoos% 111 .t tea ►vatic locoed* el Calll.e CasatT. 'lotlds. *AO pact et Use plat et as.ae0 ItiC1 milt TVCMTT. assettlsp to it, plat tsetse( 1a 11a1 Seat 4- A. Palos 16-A tails* 11-6 at tag Prolls Isc cfs •t Cellist Ceovoty. /pools. *also sets pm1tisr144ly 444441'44 as Cal1ev4s • ItCt1 al %to See [ee.et at hallo* 34. tevaattp 12 fasts. Pats• 11 Iasi. Callist CesatIo tlstlde. Said !Mir **gal ea its t..tarly plat fosa4aty .t atetassld Metes Icath Oat% .t • . dims rre also said 1aelerl1 plat Mrmdael 14$•2/•43't a dt.laas. at 113.11 teats leaatso said taststly plat le.wdaty 1111'73'e1'w a 41 t 411.31 fast Is so 1 lea slit 144 .eaasll7 plat liawdetp it said salt 11 at.wq 4414 twits y plat M.swdaey eta ssrl6'27'V a di s it 11.11 lost, l.ailag 4814 $sillily plat S.sadaty tow 1111'41'41.1 4 41 ( 443.13 (site sasses 127.11'si't a 414440444 et 411.17 tall, it.•es 133.13'11'C a dlatsss• at 11.14 toot, 1 ■41'23'41•3 a Ilatawc• el 31.14 lout 'Sago 461'44'11'f s 41 114.11 lost 614.11'11*C a 415Nase et 11.14 loot! 631'11'14'1 a dt C 31.11 Seat! f3)•4S•11•t a dt.tasso •t 141.11 (tots t►•sao 001.14'41'e a 41 t 131.1$ loots twswss 111.11'34'e s • 4t01.a040 .1 147.73 lees tteshe ltrlt•44'r . dletaaee et 17.11 (sots rases', 111.32'31.1 a 41 et 11.11 Coat, ta•aca 111.41'11.1 a /!.toss, at 27.01 (satl °tows, 1144.14'11'w a • dialsas, of 33.20 tout lalwt. 171•42'1(•W a distaste it 3.3.I1 toots cusses 111S3.33'34.1 a 41 al of 21.34 Coot; thongs a 1174•I1'37.1 • dlataass et 37.41 Inoue 77.31.07'w a ' 1a tl.tawoe et 27.11 (Secs tusacs p47•71.31.1 a distance it 32.11 feet. , r43.37•13.1 a If t 31.11 test, it •$3.43'34.1 a diagnosis et 31.14 (sets °sotc• ,43•14•31'w a 41444041 of 34.11 foots tsewc• 104•31•34'V a dtatsace at 111.44 feet to aw laiareectl.s sit% the feschltiy 1tgat et way Lime et fiat* sass W . 17.44 (III' alto Stoat of wart ea aaiaS as al f4 plat et Metes volt T+awtyt thence sea 144 1811,411.1,41 tiara.. •1.411 •all fart►stly gloat it Way L1... 141112'43 1 a diseases st 111.14 teat to a palest et eaeiatses at • eteetlar spools• Iswsas• IS Ise P.115.1.1 swf hastag • tadlsa of 341.31 teat, Isaac• faaise.Stetlj steel cal aft et lull tags• %ts..ih a se•tas& awgl• et 43.34 IS. a• see 41 t 214.13 toot to tfe palms •t seelooser %sees• 111.31'irf a d1 temoe of 170.17 test ie Ike s.sietly plat les.4aty .t Ste 14 ware• loads Sale fiats'''. said plait Maeda.' also hots/ the tastutly Ile. at Usti.. 12 et at 14 teaasalp 12 fats, Samoa 34 sail. Col/ter toasty. 71.tid.s thews• ll1'24.43•1 alias said 'satiety plat Sash ley sad 0441404 111%1 a 41 eta t 1273.17 tool to the ►stalk .t fagtaaiag. • • C..tatwlag 13.01 actso, airs es lea.. . • • • d EXHIBIT C 9B • • • 41111nc. at 211.11 lasts %Amoco 1.2•il'31•1 • distaste •1 31.1E Coils t%.a•I 11I.23.31•10 a dim C 31.14 tratl t%sac• s11.31'33•11 a di 1 1.1.11 t•.tt %teat. I1/•31.I7•t • diet••.• 1111 41.12 it'll ta.•c• slt•3I'37•w • dte l 31.12 C••tt to its•/flee • di C 21.11 %•ate •s1•ll'1I•w • 4$$% .'f• •t 311.I1 Lads stoat* 112•tt•/7'r • • distsas• •t 31.1) lest, ta..c• 1141.11.31•V a 41 1 73.17 Lose %atria 111'1141'i • distant* •t 14.11 taut, 13)433'11•M • dial.a.• •l 31.77 toot/ ta•as. 11141'13'• a dtmtlat• •t 11.11 ff•st 4444es •33.31.13•• a diataact el 41.11 Itet1 •%mittl at3•71•11•r a at at 117.31 It'll • 111.1)'$1•1 • dlasaacl •t 11.I3 Caos, 'bast, a31•11'31•t • • dl•taai• •t 31.31 tesii lase.• I13•f1'11•t • di44444r.t 31.•l tests la.N• 1It•11'23•1 • dlst•.e• •C 31.11 fist' • 123.23'I3•w • distant. at 43.31 twat is•.c• l3rI7'I3•• • • dt•t •t 41.11 ts.ti taus• 131.13'11'e • dtats.c• It 33.77 Coati ta1•s• 11t•11'11•e • 41 1 11.31 teats 13l•31.31•w a dlat•.c• at 73.17 te•tt taa•c• 133•.P•27•• • ltsta.s• •t 14.13 toots tales• 141.37'37•w • di t 44.1• test, to•ac• 1tl•11•Il•11 • dim •t 11.32 testi to • 131•ll'11•f • dlet•a.• •t 41.23 C•at1 test•• t3l•13'1/•e • Its C 31.17 tsit► %heat• 121.32.37'w • Il•t•ws• •t I1.711 I..tt 11el•3 .i3•1$ • di t 13.11 t.•st wts•3l'11't • dtet•ac• at $2.21 C.•tt %taiga. sfl•4I.16't • 1l.t.ac• .t 31.11 Cam t • Rt1'I3.34't • e1et.a441 it 71.13 %oats ■41.13.23't • dtst.as• .t 31.13 sass; to 1141•42•11•i • dlat•nte it 114.1e test to • Feist .l t +ctld,n m.Itim us* ieeta•i•sa.I7 {list .l war Liao et at 14 Cs.dla.c Delve. sold Foist else &seal •• its III it • cireslae tar.• t.wc.atti4 t• tam •miss• l.a•a sass, sawsa.. t. t►. I.mtaa•.t. bast*/ a c•dles of 241.11 foal; thawed, 1.cis.•it•.1y. M.tb.l7 •wmi Ntthsa•t•rly a1.01 tau art •C amid gimp.. tacavis • costal 4.11.•L 1.•1/•)1 .a'a.. dlat•nt• •t 7$1,I1 taut t• tau Felt •t ta.1..t i •ag•se 1.uttm mars sisal .aid allot mot Way 11.• tan 131'/1'1�•t • dletawce •t 117.$3•811at t. to• Isa t tat 13 •t Btod% 421 .t salmi Rates Beata Volt Pities*, 13$'31'13•t, •3ool tad, t..ta..•t l.eadafty� IC said Lot 13 •C 11K t 414 a dlss••e• •t 231.13 t.st Is the ■.etaweet temNu ta1.•efi smote 13ri.•ti•t eland tam gist iroammdaey •t tail /i. i 431 • die sac• .0 131.41 Coss i. as .L.r.Natl•..d I 3T •%sot et way Liao •t•Itat• t.•11 1•. 123 Woe* 1.1•1T•13•1 •3s•I •ell t•.tae•.t•flr tiles •t stay Liao • !iat•ws• at 131.47 taut to chi petal et dwr••turi K s silvan t+sp• tsot•ps to its •••%Most 114•I09 a .•dl•e et 1111.13 local tatwta 41ao1 salmi tilts •l way Liao sod aka are •t fall come tareela • (..semi awl,• •t 11.//•11• a• ate dlet•/on el 332.41 teat co tea Feist •I taoleat7�l time coattai/of ideal Vela Aida% .t way r.• 112•41.11•t • delta.• et 1314.17 lee% t• time Point at lfilaola1. • C•atatolai 37.1. •ctsl. n..• of Casa. • • 98 G00DLAND MARINA ENTRANCE IMPROVEMENTS - S:R: 92 LEGAL DESCRIPTION A parcel of land, 66.00 feat in width, lying in MARCO 3EACH UNIT SIXTEEN, according to the plat thereof as recorded in Plat Book 6, Pages 112 through 118, inclusive of the Public Records of Collier County, Florida and MARCO BEACH UNIT TWENTY, according to the plat thereof, as recorded in Plat Book 6-A, pages 16-A through 18-A of the Public Records of Collier County, Florida and lying 33 .00 feet each side of , as measured radially and • perpendicularly to the following described centerline: • • Commence at the centerline intersection of State Road No. 92 and • State Road 92-A as shown on said plat of Marco Beach Unit Twenty; thence along. said centerline of State Road No. 92 (a 200 ' R/N) , run 587'41'00'W a distance of 983.05 feet; thence leaving said centerline, run S02.19 ' 00'E a distance of 100.00 feet to the Southerly Right of Way Line of said State Road 92$ said line being common with the Northerly plat boundary of aforesaid Marco Beach Unit Sixteen; thence, along said Southerly Right of Way Line, 100.00 feet South of and parallel to aforesaid centerline of State Road Ho. 92, run H87'41'00'E a distance of 81.94 feet to a point on the arc of a circular curve concave to .-� the Northeast having a radius of 110.00 feet, said point being the POINT OF DI-GINNING of the hereinafter described centerline and bears 581'21 ' 15'W from the center of the circle of said curve;. thence, leaving said Southerly Right of Way Line, run Southeasterly along the arc of said curve and along said centerline, through a central angle of 100•S0'1S' an arc distance of 193.59 feat to the Point of Tangency of said curve: thence • N70.31 ' 00'L a distance of 115.00 feet to the aforementioned Southerly Right of Way Line of State Road No. 92 and the Point 'of Termination of said Centerline Description, said point lies H87.41'00'E a distance of 442.76 feet from the aforesaid Point of Beginning. Extending or shortening the side lines of said description, ao as to intersect with the aforesaid Southerly Right of Way Line of State Road No. 92. • Containing 0.77 acres, more or less. • 9B i9 81.dt. op' E c$3.05 S0 13 56 cc 8l.g4` 447.1(0% 4tc1.. L4 • sl° • Qi 1‘0.001 • ) • 1006��lS4 A= 193.SV 133.0 11Scr)°03 S'3.% 1(.e).&o• 9B LEGAL DESCRIPTION COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE MONUMENT) , TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA RUN N 88°56' 55" W FOR 1465 . 24 FEET; THENCE N 02°29' 06 " E FOR 694 . 66 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S 88°58' 47" E FOR 1439 .23 FEET; THENCE S 00°20' 25" W FOR 695 . 29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING THE WESTERLY 17 FEET OF THE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166 , PAGE 001070, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF SECTION 13 , TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. 5• 9B 1 1 • IMPROVEMENT ESCROW AGRttxtNT • THIS AGREEMENT made and entered into In triplicate 'Kong THE DELTON' CORPORATION, a Delaware corporation, referred to as ) 'ricer.. ►arty', and (tscrev meat), referred to as 'Second party-, and COLLIER COUNTY, a political subdivision of the State of flocila, referred to so the 'County'. wiTVESSCTI wit*tA3, first Party has made application to the County foe • the approval of the subdivision plat of Unit of Subdivision, hereinafter referred to as the WXCREAS, It La mutually undecstood'hnd agreed by the parties • to this Agreement that this Agreement is 4 into at the • direction of the County tot the purpose of protecting the citizens of Collier County and the parch t the lands shows on the Plat, hecRinsttec the 'Platted Lands*, In the be first Party tails. to complete the subdivision improvements as • hereinafter described, and to induce the County to approve the ►1at, WKERtAS, the first Party has represented to the County that it intends to complete those Lmpc is which are shown on the • Plat and further identified on the plans and ether documents that were submitted by first Party to the County in conjunction with the flat, hereinafter the 'Subdivision Improvements', • WNCRCAS, the estimated costs to complete the subdivision Improvements are set forth on Exhibit 'A' attached hereto, wS[REAS, it is the purpose of the first Party in and by this Agreaaaat to arrange and agree with the Second Party for the lishment el an escrow account in accordance with' and pursuant to Collier County subdivision Regulations. hereinafter the 'Subdivision Regulations', and WN[RCAZ, Second tarty has consented to act as [acres, Agente NOW, TNCR[rolt, the parties upon the ronalderatlona . eepressed herein, Frosts,. agree and covenant. as Collovsr L t • •4- bi ` • ' e 9B 1. Cs et More the tit b 111ti) day of every menth. Uss.faccy shall pay .r teass to be paid ce Second Patty t : tie gross cecalpts (tem the sale dt the flatted Lauds, which Of t.cel•ed by first tarty during the previous month; ogees celpts to lnelede all funds received by first Party fros sales : all flatted Lends, including all depoatta, payments. en con— acts and eclat funds et vest), kind and deucrlptlen dittoed In • Wily icon the sal. de cemteaptated sale IC the Platted Lands, (.t secsptlee any Int.test tedeived ►y Mat Petty en any .tallest *estivate* label in ten with the sell et the acted Leads. The Land Patty shell be accountable only Cue aids actually received by it and shall net be charged vtth ec • .pselbie for c.11ectlni any payments that first tarty may be Itlgated to sake s. Second Party bseeund.c. All rusts held by .aced Party is accordante with tints 1yrssasst ace i.relntft.c facia to as the 'tscreved Mantes'. 1. Lice-sued Maates nay be wltbdcays by fleet Party at such at as the balance of the escrow account exceeds ea equal 120% it the cost te complete the the. lec.aplat. Subdivision 7rovs..nta, e.g is fires time to its. established by first Patty tie sattsfactted at tba Cassty. tattered Mantes say b.\ Satire by ttcat tasty idly Is acceedaace with the settees s.vel and lsatructl.ne et the County, provided, b•vevec, that ISNtvlalen Sayre v.s.dts have been completed accecdlni to the as and specifications b stete filed with.the Cossey and • a evldsaclag t. the County that the SubdlvLutsn Impcevements a poetise Usenet leave bees despleted and paid for In full, ,rips Party shall have the tmnedlate chit to wlthdrav all .c act et the Caccaved Minima la the nd •anise- setfoeth ,s sad the County may sat withhold Approval. Wcltten consent .tastcectleas of the County d.11vared to the Secead Patty • mules and auth.ttate' Picot Patty t. withdraw C 4 me, shall be ceaetuslve evidesee and ptoet t. Second Party f t ratty'■ •tight to rlthdrav the factored Modtes se appc.ved setkoclsed and shall absolve the Second Party from any ility fee Ch. celease .1 factored Monies. aldltlon to the language in the P.U.Q. document SLvi* the County easy the cpt10a to,p1[ s Plgt.eouent. this lanSttle a.y be 31134 by the County Attorney 9B 1 • . 3. Second Party shall have the setherlty to Invest and . eetnvest all escrowed Roller may or hecesltee held by it pursuant to the provisions of tlls Ales e.ent. to assure the completion of the Subdivision rope eee.ents In accordance vith'the Collovtne* (al Second Party shall Lnveet such pact et the tacc.vel Reviles in such ebllgatlons if the United States. Lnclodiag but mot united to United States Tteaeery tills, United States T y Rotes and gaited States Government tends of is • Certificates of oepesit so fleet tatty nay from time to time dtc.ctt• ptovtded. h , it is ageu.d that Second Pasty shall net be (squired to Invest thtoagh purchases of such eblleatLoas mere often than gaattsclyt and ptovtle♦ totther, that Second Party shall make purchases •t such investments only In unit, .t • ' One Moorland (11,100) pellets, et more. (b) . A11 interest and income earned en sack tavestaent • If the tecreved lintel shall he added to and remain a pact of the esccov accoenc. 4. fellers of the first Pasty to templet. the Subdivlsten • taptovemeate vithln tveety—toes (241 months from the date the Plat is recorded in the Public Records of Cs)11er County. . shell constitute a d.tault of ells Agreement and such default shall centiaae oath lost Party completes the Subdivisise I■pcsve.ents. 04ring any period of default. Second party shall hold the tecreved holies for the ecceunt and bone iit et tee • - County, sad dyeing such petted, epos written Instruction from the County, Second Party shall pay to the County such amounts of the .. tecreved hintes as the County from tine to time cegelres to complete the Subd:vlelon laprovs.ents. Any received monies - . rs.eining after the Subdivision Imp is have bean completed • shall be paid by Second Tarty to first tarty In accordance vices the ptovtstoes of Section 2 shove. Z. Any eontteversy seising out of this Agreeaenc wall be resolved In accordance vith :he lave et the State et florid,. S. first Party egtses that it will not directly ec ' , indirectly give publicity to or advertise the eatstance et Stale Agrtsbent ether than to official agencies of State, Provincial at riders!. governments. • . a , • ti - • u • ; o 'f • 9B • 7. first Party hereby agrees to pay to Second tatty such a.aa61e ceap.nsatten se shall from time to tine 0e agte.d upon :citing nitwit an first Patty and Second Party. In addition, sod Patty shall be reimbursed for any ceaeenable tap iedlnq reasonable counsel fees incurted by It to the talattati.s of this Agre.aent. Such compensation and eapensas :l constitute a charge upon the [Screwed Monies. 1. Second Panty vlil receive, heap and account for all ;.vad nonles In an aeeevnt 'upstate from any ether sondes of K Patty, .ac.pt as say ho ptevided etb.rvlse by the'direction Hltten consent of the County. Second /arty will furnish the • ay with a quarterly accounting of the Cacti/wad Mont.. unless County specifies otherwise. A. physical progress tepect, am; forth the completion status of tba Subdivision iapteve— a, shall be fvrnisb.d by first Party along with .each aattaq of the Escrowed Monies. I. Second Party will diabetes the [screwed Monies only as daabove provided. 14. Second Party shall have the right to resign at any time •giving thirty (101 days pries written notice to the first and tbs County and the first Patty shall, within such sd of time,. appoint a svccasaot escrow agent which le sable to the County, to succeed the Second Party. it within • T 00) days after notice of resignation has bass given by 4 party, a successor to the Second Patty alkali net have been dated, the Second Pasty shall malty the County who shall Ito any court of competent jurisdiction tot appeintaent of a slot. 1. It is mutually agreed by the parties that any liability ' nand Party or its soccssaor is expressly limited and an long trend Party of it succsssocs accounts and disburses in good . : it compliance with this Agreement all [screwed Monies, It ' : net be liable for •meta of judgment, and first Party 9B • hereby agrees to Indemnify tie Second patty oc its succ for any loss lt.may saftec In carrying out its obligations under this Agceeesnt. III MIT1ttSS wat*tor, the parties fare feteunto sot tfetc hands and seals by their duly autborised officers en this day of 11 • Signed, staled and delivered Tit OttTONA C0110 MTLON IA the presence eft • (stAs.( Accoont No.1 (Escrow Agent) e • Attests (SEAL) tots Agreement has been submitted to the County and Is hereby approved. ,• ROARD Or COUNT/ COtt11ISSIONtRS COLLIER COUNT/, r1AR10A • • • 1 ai r °C b 98 • • :I. set ; : R 4 D•EVEW PA LEA?' ' • OF AfARCO, INC r{ 5, 1981 • William Hanley, President LLS OF CAPRI CIVIC ASSOCIATION A Pogo Pogo Drive, West lies of Capri, Florida 31937 ear H:. Sanity, se result of our two recent meetings with you and other members of the pule Assecistioa, I write this letter to reaffirm our position regarding ' a. property located at the corner of S.R. 1951 and S.R. 1952. During the 'stints you and ether members of the Association outlined cercata concerns stardLng our request to change the existing toeing. Please allow ae CO press those concerns. 9rst, in regards to the water service to Isles of Capri, Hr. John Hadejew- At has informed me, through my architect, that when S.R. $9S1 is in the access of being four lined, a new 12" rater meta extension from Hanatee Rd. Jong $.1 1951 and Griffith Mighuay to the Isles of Capri poop station site 411 be installed. Our engineer will contact Mr. Hadejewski's office in or- :er that we may determine whether this gain will be adequate to handle our ucds in ad4Ltioe to those of Isles of Capri's. If it is not, we have agreed :a either: 1) uprise the maim at out expense, from Hanatee Rd. to our loc • - mien to insure proper service to everyone; or 2) should the county so request, . w will look to Deltona Utilities to serrice•va.by building a water treatment :acuity to treat Deltone's raw voter that presently p by our site. In tither case, our project will be serviced without any effect on water service :a the Isles of Capri. kcondly, we are encoding cur request to the County when we meet with the :aunty Commissioners sovietise in Hay. As you know, the property Is currently scaed cotsere/al under a P.U.D. AZreeoent between Collier County end The Ni- xie* Corp., the previous owners. under this toning, there are over 100 dif- Lerene commercial uses allayed ranging fro. automobile service stations; rquipnent rentals; funeral hosts and laundries; to veterinary clinics and car rashes. Also allowable is "any other consercial use or professional service rhich is comparable in nature with the foregoing uses and which the Inning- • Streeter' leternine to be co.patibie in the district." We are requesting that this current toning with all its uses, some stated and some discretionary, be Changed to allow OHLt the construction of a ISO room hotel. and a 200 seat restaurant on the corner. We are Lon requesting permission to undertake con- struction on the site prior to the tour lining of S.R. 8951, which is clearly ,rohLbited by the P.U.D. document and the Regional Planning Council's develop- lint order, and we are not requesting permission to do any clearing or filling • --- - continued EXHIBIT"Er . 1120Li 258 ■Y1 NO.,7•wr"i►ry m••vw I,/YY,.Cn•eN It CV aOft r,'n'co tr.N1 Cr P'P..f• &%ICA t t l r10A3311 • t • • • 9B• k . • Page 2 — hr. willies Hanley on the site prior to the four lining of S.R. 1951. It is appropriate to say here that this site is the only one on the south portion of the road suitable for use as a construction facility during the four lapin g of S-R.. 1951. The possibility of using a portion of this site for this pur— pose was discussed with the county and we hare no objection to its use. • • sum¢a y, out request it rezone the prcpc.tty is ions testrictive Lill only allow a fixed use for the land, i.e. hotel and restaurant buildings. and not the many commercial uses that are available presently. Cur land use plan is aesthetically sore pleasing and will generate only half of the traf- fic as a commercial shopping center would generate. Additionally, our hotel and restaurant facility would be of benefit to all area residents. we would provide rooms at reasonable rates for area guests and dining facilities for area residents and guests. • We appreciated the opportunity to meet with you and other members of the Association. It is our desire to work with you to ensure that whatever is built on the sits is the best that it can be. we encourage your support and look forward Co hearing back flies you regarding your feelings on our request to the county to rezone. Thank you far your time and consideration. c e i , r. • Robert I. Leeber President Its 1.1 man CC: Mr. James E. Vensel, Architect Nt. Ceorge Vega. Esquire file • • A n , , • 9B E v w 8 p4v n 1 a�iU y 5 v '� m w ao .5 u, ° ,, 8 .a v v ti E. O 3 c� •• a v v z a" Oa a fa+ q:y / a ; ,-] x a 0 UU U ] i il w a.0 /i, - 1 — — - - ' — , 1 , I * ;�/ i ,,, W ,, iii.— o 0 0. Q /. ct w a ,..,„ , , 6 < +-> ;-.6 eS11 In Q cd w /; .r� s �� : 1 1 fet: 1, ile y,LN ,,,, >,4 t, IZI ri 0S,,„..,.m. < i r. ., 1_„‘,EI.1,.,/ %%,%..r•=Z `,fii‘_..)• r �r% //< -• 0y,• A d -, ,„,, R f-- ,r,____,* ...,,:... qh, , iii'‘%1111.,, // 1- ''-` 2,_,41_,,„_-_\,*. ' ‘f,S i' /IR L 1 // I\ is ==�F_i. ,‘‘ �"`. F mr,,,,r____,_ ,t, _,...„,v 5 1' ' - ' .____ .__±.) 4 Ai 10 ' — - "77--5-7)-1 . 1 1 / '' illy- 4' I ' ' , *. \ , , .„, , :.,____,\ _,, d 4)N L,,, - IL----- ;&. ) tl: , ,‘ . 4‘1‘1: 4 i . = , , ... ,,, lib • Cct "z=i ,, ram j' �3 s o .� 8N i z C/� 1 i i 1' 1 6 Q • ---1 9B �� v dam w U v 1 0 0 v u, u v 5 a v vN� ul v� Q x a 'ti w u¢'�.$ R oo w ► Ra 73 x m a. c' w a w a �UQ �rn1 Q'a ' ii J LY12 Nrip U � /31iIII' ic 1 pip 4 4��0 �1� NI.,0 en / c/D -4c7; ''.4*:*.N. 'N . %• ' tp ) I 1 ,, %. oger, ip , kr/ i .0,„, n.....,..„..........- ,,.. , ,-- „„, ,- i‘...,Q ). \, . --, •iv, 1140%, A 4 , „iv _ , /,:, ,_,_ - NI .,....s. 4,,,,,t- -/ .. ,•,.._j--`411, ••••A. b , , r�s i ' e' , A t I tiS A. . - r� I 14 z `_ f (� III 1.***ei \ -.__=.__ Ifal; /M1‘,. cl...) k ,_ VIPPIVP 44,„_,U .:, (1.) N 1 5.it 1014 50114rd0\u14.M X13.sarto fvduvUWxMu-ItI,xxN1d1 9 B 1 '....... ,,,_.- 1 —Ir1" • rn N Q a J St CD 7' V 0 m W 4.S O Q a' a i-+1 a S 3M a o _ W P-4 2zz; .a, L pr ` i., Si �,7h'ZaWw 1 .1► � a `1 ; =Zr�• .,,, ni n s y¢ 1 R'r m W ,7 1 LI :�j o,w w sIf'1w r r ; o ny �� T. k; '—a w ~C7 COOw O �s ' J Z R •-> 1� a 7 n IN Om° X 1Fr° , r Ua UrE + 1. S !;. ' X W i m W W Y I. W W t . S = a 4e�,.' Np� t.+ � T 0ce m LL t ila[�cpas� "° it _ f'a.' v Z am i E <3 7 -• ¢W t = y r0 tift, r5 �: N W J • _. _ C4w 1 - cc _ 1 i 1 EXHIBIT "FC-Cl" 9s FIDDLER'S CREEK LEGAL DESCRIPTION UK: On rt: V a.) A parcel of land, lying In SSCTIONS 22, 23. 24 end 2s. TOWNSHIP 51 SOUTH. r.MGC 24 tAlT, Collier County. Tlortda, being core particularly described as follows: Cownence at the Northwest corner of said Section 22, thence run s11.58'10'8 along the North line thereof fora distance of 121/.50 feet to an intersection with the tasterly Right of Way Line of State Road No. 151 as conveyed ;roe The Deltona Corporation to the State of Tloride Department of transportation by Warranty Deed dated January 29, 19S5 and recorded in official Record, nook 1111, Pages 607 through C09, inclusive of the public Record, of Collier. County, rlorida, said intersection being the POINT Of ItOINNIHO of the parcel of land hereinafter described'. thence 602'29'39•W along said tasterly Right of Kay Line of state Road Ho. 95.1 a distance of 1537.18 feet; thence leaving said sisterly Right of Way line, 586.54119•t a distance of 1322.20 feet; thence 619.27'22.g a' - distance of 125.79 feet; thence Se0.31'36'C a distance of ei.e2 feet; thence 844957,39"Z a distance of 143.49 feet; thence 122.31'28"t a distance of 101.19 feet; thence 607•16'34'X. a distance of 159.01 feet; thence 122.27'03■t a distance of 10.97 feet; thence 851•S0'51"s a distance of 124.40 feet; thence 674.04'40'c a distance of 144.06 feet; thence s85.45'26"c a distance of 187.62 feet; thence N12.02'11"r a distance of 108.47.feet; thence N21'53'36•t a distance of 104.27 feet; thence N10'26'56't a distance of 47.33 feet; thence H46•09'57't a distance of 161.84 feet; thence H6/•40'14"C• a distance of 1,1.10 feet; thence N79•0s'54'c a distance of 121.22 feet; . thence 517'33'02"t a distance of 275.6C feet; thence s0•36'34'S a distance of 196.37 feet; thence 617'31'S1•C • 1 di;stance of 113.04 feet; thence 817'21'43"t a distance of 101.23 feet; thence N45031'37't a distance of 86.75 feet: thence s87'50'25't a distance of 53.17 feet; thence 543.21'06"sk. a distance of 96.13 feet; thence 139'31'17'C • distance cll. .. 55•.10 fest; thence s12•45'05't a distance of 44.21 feet; thence s54'17'48't a distance of 252.73'feet; thence F55.30'51'1 A distance of 13.75 feet: thence H74'36'13•t a distance of 64.15 feet; thence 582'07'SS•t • distance of 60,59 feet; thence 551436'21't a distance of 159.30 feet; thence 500.11'44'V a distance of 120.56 feet; thence 302.12'06"W a distance of 166.85 feet; thence H10'34'01't a distance of 106.10 feet; thence 677.52'52•t a distance of 122.93 feet; thence H85011'20't. a distance of 115.14 feet; thence 673,31'25•t a distance of 106.53 feet; thence H71'51'22'2 a distance of 5147 .feet; thence H05.41'54't. a distance of 125.98 feet; thence N01.41'54"t a distance of . 77.72 feet; thence )415.43'51.r a distance of 164.05 feet; thence H21'55'44't a distance of 141.05 feet; 'thence H23'S1'20't a distance of 142.54 feet; thence 14S3.47'31•C a distance of 116.07 feet; thence Het,O1'01't a distance of 145.07 feet; thence N3l'00'S9•1 a distance of 369.42 feet; thence N39413'19•2 a distance of 299.43 feat;• thence 1444.48'34•s a distance of 108.44 feet; thence H74.20'51't a distance of 101.17 feat; thence N77•21'1o'r a distance of 117.54 feej' thence H41.29'16't Jt distance of 102.86 feet; thence N16!29'43's a distance of 21.07 feet; thence H32'16'13't a distance of 29.22 feet; thence 856'07'35'S a distance of 115.20 feet; • thence H22'S3't2•t a distance of 132.57 fest; thence 1434'33'40•t a distance of 11.02 feet; thence H671.14'21"t a distance of 68.26 fest; thence N76'07'11'C a distance of 77.37 feet; thence s864,19'S9't a distance of 263.41 feet; thence a14.15'46'L a distance of 83.69 feet; thence 523.51'39"W a distance of 58.61 feat; thence 556.50'17'W a distance of 141.77 feet; thence 141414'20'W a distance of 110.17 feet; thence 246'59'04•W a distance of 16.01 feet; thence 224'17'17'W a distance of 71.61 feet; thence . 559.03157`C a distance of 32.26 feet; thence 376.14,250t a SHtar 1 Or 11 • • [ AGENDA ITEM ►o. t7 1 ? 7090 vs. 14 3 Page 1 of 20 98 OR: i b9b r i u114 • • distance of 287.74 feet; thence s17•00'S6'C a dietanee 151.16 feet; thence 668•2$'24't a distance of IIS.10 tee: ' thence 543.13.22"C a distance of 112.77 feet;, then. ila•34.02't a distance of 220.03 feet; thence s21.1e.ta.: distance of 172.00 feet; thence s11133'08'L e distance c 163.52 feet; thence s76.14'26't a distance of 12S.f3 fee[ thence H74026'22't ' a distance of 115.09 feet; thenc H17.34'17'C a distance of 55.95 feet; thence H11•04.43•W distance 'of 69.72 feet; thence H31'114'44'tf a distance of 100.5 feet; thence H16'31'S7"W a distance of 133.11 [eet; thane 14090S3'00'L a distance of 213.52 feet; -thence 1441.21.23't distance of 119.96 feet; thence N87.30126•t a distance of 33.6 feat; thence 832.37'51'C a distance of 13$.01 feet; thenc 540052'24"t a distance of 125.01 feet; thence 037°17'22'C • distance of 115.06 feet; thence s62'11'24'C a distance o 145.81 feet; thence 861'21'SO'L 'a distance of 121.40 fast thence s59.49'44"C a distance of 115.57 feet; thenc 574050'14'E a distance of 94.71 feet; thence H20.24'43"t distance of 91.83 teat; thence 1440'52'29"S • distance of 247.6: feet; thence H40'23'40"t a distance of 276.26 feet; thence 2139053'20•t a distance of 411.53 feet; thence ssee13'26•c distance of 962.09 feat; thence S19•09'14't a distance of 96.3: feet; thence 201.45'22'w • distance of 121.04 feet; thenc. 513.15'07'W a diktanca of 159.04 feet; thence 820'02'41'y . distance of 189.8d feet; thence 357019'10'W a distance of 559.81 feet; thence s77e0S'019W a distance of 327.57 feet; thence 643.14'14"W a distance of 401.5e (sett thence H66.01'10"W a distance of 54.49 feet; thence 864.07'14"W a distance of 44.31 feet; thence s48.23'22'W • distance of 35.08 feet; thence 511010'06"W a distance of 174.79 feet; thence 504.12'5S"11 a distance of 151.70 feet; :thence 500•26'S1't a distance of 131.06 feet; thence s07.57'23't a distance of 52.02 feet; thence 505.32'11't a distance of 73.70 feet; thence s39.42'25"W a distance of 60.13 feet; thence 175.24'24"W a ' distance of 513.63 feet: thence N71.25'16'W a distance of 78.01 ;(,feet; thence 1454.31'46'W a distance of 292.73 feet; thence i 06.53'16"W a distance of 81.54 feet; thence H7S•02'38'W a 'distance of 101.42 feet; thence HS1.07'21"W a distance of •145.39 feet; thence N63'16'S2'W a distance of 100.54 feet; -thence H70.16'01'W a distance of 52.57 feet; thence 1i76'1a47•W 'a distance of 139.12 feet; thence H11•11'46'W a distance of 118.5a feet; 'thence 571'25'37'W a distance of 120.51 feat; thence S70042'34"W.a distance of 58.35 feet; thence 1954'33'1S•W a distance of 236.73 feet; thence 501.33'17'W a distance of 304.71 feet; thence 530.01'16'5 a distance of 194.40 'feet; thence 501.31'06'W a distance of 139.21 feet: thence 524.09'25'E a distance of 317.35 feet; thence 807.39'57'L a distance of 618.63 feet; thence 505.14'32't a distance of 41.49 feet; thence 586.37'33•C a distance of 144.20 feet; 'thence 14740511'46"L a distance of 14.50 feet; thence H419'47'61't a distance of 166.94 feet: thence H54.40'25'C a distance of 155.02 felt; thence 517'04'46't a distance of 183.90 •feet; thence 575.30'01•t a distance of 292.56 feet; thence S74'07'29't a distance of 164.37 feet; thence H53.12'13'L a distance of 77,.41 feet; thence H71•22'37'L a distance of 85.20 feet; thence S05.53'26'5 a distance of 92.10 test; thenea se3.23'30"L a distance of 128.98 feet; thence H61•S4'1O•C a distance of 100.70 feet; thence 14aS032'22't a distance . of 148.01 feet; thence H32.25117'5 a 'distance of 235.05 feat; thence H33.14'22"L a distance of 199.06 feet; thence 2448.38'03"t a distance of 111.62 feet; 'thence H40.09'31'C a distance of 96.63 feet; thence H1a'03'03"L a distance of 215.56 feet; thence H58.55'34'L a distance of 367.04 feet; thence 872•39'46"t a distance of 90.19 feet; thence 368.05.01'C a distance of 88.10 feet; thence 532'25'50'1 a distance of 134.26 feet; thence H5s•20'15"e a distance-of 1006.12 feet; thence Hoa•49'07"L a distance of 121.76 feet; thence Hli0.01'2Oe8 a distance of 76.03 feet; thence ss1!54'll'L a distance of 62.99 feet; thence 562.22'55"S a distance of 61.06 feet; thence AGENDA ITEm No Li� 12 2000 • Page 2 of 20 1 9B • . . OR: 2656 PG: 0715 •-- 521.55'42'f a distance of 96.72 feet: thence seledt'oi"t a distance of 98.49 feet; thence 320.24'01"w a distance of 97.27 'feet; thence S14•30'14'6 a - distance of 119.77 feet: thence N42.37.49•C a distance of 6s.S7 feet7•thence N11.23 04't a distance of 151.14 feet: thence N7S42/'11"C a dlst nee of (46.92 feet; thence NO$'56'07'C a distance of 17e.7 feet: . thence N66.12'10'W a distance 'of 63.39 feet: thence M71 14'12'V • a distance of 123.29 teat; thence N50.53'00"W a disc nce of 112.15 feet: thence N16.04'2f"W a distance of 16.4 feet: thence N21'12'24"C a distanc4 of 62.46 feet; thence Nif•42'26"t a distance of 91.21 feet: thence 11ll'57'040C a distance of 137.96 feet; thence 151•15'23'C a distance of 66.94 feet: thence 557.59'46"s a distance' of 90.31 feet; thence N134S7'39"t a distance of 115.40 feet; thence'549'53'36'L a distance of • 103.27 feet: thence 833.27'20"C a distance of 47.12 feet; thence 501407'11'i a distance of 176.02 fest; I thence . 557.10'59"t a distance of 10.42 feet; thence 1S1.52j00'C a distance of .215.96• feat; thence 640'SO'SO'E a dist nce of 100.90 fest; thence s02'41'10'W a distance of 221.5 feet; thence 144'2S'43"e a distance of 177.22 feet: thence 957.17'04'C a distance of 194.66 feet; thence $49•41' 9'1 • distance of 234.47 feet; thence S51.4S'12'i a diet nee of 285.65 feet; thence S46.41,39'[ a distance of 77.27 feet; thence 855. 26.'25"C a distance of 87.85 feet; thence N83' 7'01"C a distance of 54.41 feet; thence H59438'02'C a diets ce of 133.38 feet; thence H86.01'02"C a distance of 77.4e feet; thence s67'01'S5"t a distance of 118.58 feet; Ithence 545•08'14"L a distance of 2560.69 feet; thence H29.52' 4•t a distance of 05.21 feet; thence N27.30'00"C a distance of 81.22 feet; thence N25.3S'58•C a distance of 48.01 feet: thence N21e40'44"C a distance of 96.89 . feet; thence N69'I4' 2•8 a distance of 38.61 feet; thence 575•26'51'W a distance of , 151.66 feet; thence 1409'04'17"W a distance of 117.55I feet; r thence H12'06'11•C a distance of 74.75 feet; thence H46.01'43"t • '�a distance of 74.51 feet; thence H12•46'S1"W a distance of • 32.13 feet; thence N19.55'33'W a distance of 74.92 feet; thence n.s32.11'57"W a distance of 85.42 feet; thence •569'25' 1•W • . distance of 67.21 feet; thence H65.02'17•W a distance of 75.05 • ,feet; thence N86.16'33'W a distance of 109:50 feet; thence .569.4l 24'W•a distance of 95.29 feet; thence N31.09' 6'W a 'distance of 62.54 feet; thence H01.12'069W a distance of 153.58 feet; thence 1136.23'56"[ a distance of 106.so1 fait; thence H10.55'24'w a distance of 140.47 feet; thence • 822.37'48'E a distance of 51.15 feet; thence 7137019'0't a distance of 162.48 feet; thence N19.33'02•C a distance of 118.95 feet; thence H01•01'12"t • distance of 101.72 Ifeet; thence H04.59'51•W a distance of 137.15 feet: ;thence H20.30'53"C a distance of 147.93 feet; thence No3'46'25'C a distance of 141.33 feet; thence H17.32'07'W a distance of 160.04 feet: thence N15'13'39"W a distance of 140.97 feet; thence N00.OS'49'W a distance of 73.02 feet: thence H25.3 '3S•t • distance of 96.53 feet; thence N59022'21"C a distanta of 73.73 feet; thence 540.21148'C a distance of 52.93 feet; hence SO1•53'33'W a distance of 116.69 feet; thence sl2.33'2 't a distance of 120.72 feet; thence $63.31'53"f a distance of 14.07 feet; thence S44.52'32'2 a distance of 54.42 feet; hence a10.29'59"t a distance of 79.1e feet; thence 537.11'0 •W a distance of 50.11 feet; thence 029•4j'39'V a distance of 75.80 feet; thence 025'22'43'W a distance of 103.06 feet; hence S10.56'20"W a distance of 105.37 feet;• thence s10.07'1 't a distance of 107.10 feet; thence 042.29,24't a distance of 116.91 feet; thence 504•16117'W a distance of 34.66 (feet; thence 860.16'31•W a distance of 106.41 fret; t Vet; n23•42'39•W a distance of 130.40 feet; thence s01'34'4l•t a distance of 15.19 feet; thence 320e31'43"t a distance of 111.59 feet; thence 3$5'.18'35't a distance of 164.23 feet; tibence Se0"28'10";: a distance of 201.60 feet to an intersection with the Last Line of aforesaid Section 24; thence N00'15'21rtlalong said fast Section Line a distance of 4476.41 feet to the I • I 1 • I I 1 I AGENDA ITEM I No, 1 c' DEC 1 2 2000 Page 3 of 20 _ 96 V . GVJV f V. V;LU • Northeast corner thereof; thence H11.3l'S1•W *long the North tine of said Section 24 a distance 0(•2711.7I feet to the North 1/4 corner thereof; thence continuing along the North Line of said section 24, run 1411•39'02"W a distance of 2113.29 feet to the Northwest corner thereof, said corner also being the Northeast corner of aforesaid Section 21) thence N11•51'53•W along the North line of said section 23'a dietetic* of 2796.24 '• feet to the North 1/4 corner thereof) thence continuing along the'North Line of said Section 23. run N11•1I'S3•W a distance of 2716.45 feet to the Northwest corner thereof, said corner also being the Northeast corner of aforesaid Section 221 thence HSa•51'S1'w along the North Line of said Section 22 a distance of 2731.0e feet to the North 1/4 corner thereof; thence continuing along 'the North Line of said Section 22, run 14I1•5S'20•W a distance of 1441.52 'feet to the Point of e Beginning. i ALSO • 4 A parcel of land, lying in aforesaid SECTION 24, TOWNSHIP 51 sOUTN, RANGE 26 EAST, Collier County, rlorida, being more " particularly described as 'follows: Coneence at the Northeast corner of said Section 24, thence run S00.15'2l'W along the tact Section Line thereof for a distance of 4679.52 feet to the POINT Or BEOIHHIHO of the parcel of land hereinafter described; thence H72.12'44"W a distanet of $6.92 feet; thence H69'26'32"W a distance of $4.14 feet; thence s55.05,S0"w a distance of 110.06 feet; thence s7a•39042"W a distance of 79.41 feet; thence S(6•52'36"W a distance of 76.76 feet; thence 55440S'10"E a distance of 62.53 feet; thence 581019,02'C a distance of 71.31 feet; thence He$'47.42"E a ;distance of 97.52 feet;' thence N11.27'31'E a distance of $4.61 •(eat; thence Na4•27'57•t a distance of 62.13 feet; thence - ' 00.11,22"E a distance of 43.22 feet to the Point of Beginning. ( ALSO G fz • )� parcel of land, lying in aforesaid SECTION 24, TOWNSHIP 51 soUTH, RANGE 26. EAST, Collier County, rlorida, being more particularly described as follows; Coasence at the Northeast corner of said Section 24, thence sun. $00.15'2a"W along the Cast Section Line thereof (or a distance of 4790.92 feet to the POINT Or BEGINNING of the parcel of land hereinafter described: thence 14e6•15'35"x a distance of 52.39 feet; thence S56.39'23•W 'a distance of 67.01 feet; thence S12.10'16"W a distance of 74.05 feet; thence S07.47'40"E a distance of 77.35 feet; thence 616.03'51'E a distance of 121.00 feet; thence S31•56'39'C a distance of 136.99 feet; thence 800.15'21m a distance of •410.92 feet to the Point of .Beginning. AL50 That part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of SECTION 11. TOWNH(IP S1 SOUTH, RANGE 26 LAST, Collier County. rlorida, lying South of Taeiaei Trail (U.S. N0. 41), LISS AHD EXCEPTING THERtrROH the following described lands; BEGIN at the Northwest corner of the said Southeast Quarter (Si 1/4) of the Northeast Quarter (NE 1/4) of Section 11. thence run N01.15'1S•C for a distance of 93.97 feet to the Southern Right-of-Way Line of the Tadiaal Trail, thence 55(e20'07'i along said Southern Right-of-Way Line for a distance. of 412.12 feet; thence leaving said southern Right-of-Way Line run S01.15'16"W for a distance of 100.00 feet; thence Na1•44'449( for a distance of 10.00 feet; thence SO1.15'IS9W for a distance of 293.15 feat; thence HS4.20'0741 • • • AGENDA ITEM = 2 2000 . Page 4 of 20 9B %in; LOA) rb; Ulll • •• for a distance of 400.00 feet( thence NO1•15'35°C for a distance of 306.03 feet to the ?olnt of•2evinnln4. ALSO The Northeast Quart.: (HC 1/4) of the Southeast (sr 1/41 of SECTION 11. TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County. Florida. ALSO The Southeast Quarter (sc 1/4) of the southeast Quarter (Sc 1/4) of SECTION II, TOWNSHIP 51 SOUTH, RANOC 26 EAST. Collier County, Florida. ALSO The West One-Half (W 1/21 of the Northeast Quarter (HE 1/41 of 4 the Northeast Quarter (NC 1/4) of SECTION 14, TOWNSHIP 51 . SOUTH, RANGE 26 EAST. Collier County, Florida. ALSO • The south one-Half (s 1/2) of the Northeast Quarter (NE 1/4) of sECTiON 14, TOWNSHIP Si SOUTH, RANGE 26 EAST, Collier County, Florida. ALSO The South One-Half (S 1/2) of the Northwest Quarter (NW 1/4) of SECTION 14, TOWNSHIP Sl SOUTH, RANGE 26 EAST, Collier coun4Y, Florida. ALSO i T1)�e:Northwest Quarter (NW 1/4) of the Southwest Quarter (SW . 1/4) of SECTION 14, TOWNSHIP S1 SOUTH, LANCE 26 EAST. Collier County, Florida. • • ALSO G • The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier • county, Florida. P. ALSO The Southeast Quarter (Sr 1/41 of SECTION 14. TOWNSHIP Si • SOUTH, RANGE 26 CAST, Collier County. Florida, and the South one-Half (S 1/2) of the Southwest Quarter (SW 1/4) of SECTION 14, TOWNSHIP 51 SOUTH, RAHGC 26 EAST, Collier County. Florida. • ALSO The East One-Half (C.1/2) of the Southeast Quarter (SC 1/4) of the Northeast Quarter (NC 1/4) of SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida. • ALSO The West One-Half (W 1/2) of the southeast Quarter (Sr 1/4) of - the Northeast Quarter (RC 1/4) of SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida. ALSO The East One-Half (t 1/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (Nt 1/4) of SECTION 15, TOWNSHIP 51 .SOUTH, RANGE 26 EAST, Collier County. Florida. • AGENDA ITLI A No. 1 (- DE 12 2000 Pg. 14-1 Page 5 of 20 9B VA. 4.VJV. fV. VIAU • ALSO The West one-Half (W t/21 of the southwest Quarter UM 1/4) of the Horthe4st Quarter (MC 1/4) of SECTION 1S. togwswir sl SOUTH, RANCC 26 EAST, Collier County, Florida. LESS AND EXCEPTING THERMION • • All that part of SECTIONS 14 and 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said SECTION 14, thence along the Meet Line of said SECTION 14, 80918'41'W 1396.76 feet to the North Line of the South 1/2 of the Northwest 1/4 of laid SECTION 14: thence continue along said West Line, 808l11'41'W 525.02 feet to the. POINT OF SEGIHNIHO of the parcel herein described: thence leaving said Meet Line, S101132'40"E 155.30 - feet; thence 573'16'41"E 242.56 feet; thence 859934'14'E 204.02 feet; thence S51931'43'1 245.00 feet; thanes SS2959'36•E 179.62 . feet; thence 616458'45'W 146.34 feet; thence Southwesterly 34.53 feet along the arc of a circular curve concave to the - Northwest, having a radius of 270.00 feet, through a central • angle of 7919'36" and being subtended by a chord which bears 520938'33"W 34.50 feat; thence 524.18'21"W 87.46 feet; thence )167.48'09'W 52.42 feat; thence 659•28'59•V 116.34 feat; thence 611'57'36"w 240.26 feet; thence 519.24'53'E 331.77; thence s26.36'59"t 221.37 feet; thence 512.46'339E 222.46 feet; thence 514.49'S7'W 311.45 feet; thence 519.29'27"w 310.91 feat; thence 515'2o"12"t 166.90 feet; thence 562'39'50'C 166.95 feet; thence 54001a'50"t 128.43 feet; thence 561'30'51"E 65.63 feet; thence S15.32'32"E 117.48 feet; thence Southeasterly 100.22 feet along the arc of a circular curve concave to the Northeast, having a %- diva of 230.00 feet. through a central angle of 2l'57'56' and tj(ing subtended by a chord which bears 52a001'31°E 19.43 fest; . thence 546.41'04eU 226.90 feet; thence s15'32'.29'W 142.68 feet; thence 2150951'54"W 741.96 feet; thence N74924'13'W 51.66 feet; thence 1489.40'14"W 217.63 feet; thence H0.19'46"E 125.00 feet: thence 569a40'1.4"E 150.00 feet; thence along a line which lie. 230.00 feet Easterly of and parallel with the West Line of said SECTION 14, NO°19'46'E 1746.56 feet; thence Northerly, Northwesterly and Westerly • 437.08 feat along the arc of a circular curve concave to the Southwest, having a radius .of!' 280.00 feet, through a central angle of 89.21'21' and being subtended by a chord which bears H44'23'25'W 394.04 feet; thence H69.06'35'W 519.43 feet; thence H59.36'22'W 11.29 feet; thence H36'20'S5'W 200.00 feet; thence H15'39'349W 75.43 feet; thence 140046'OI"E 411.91 feet; thence a19913'S2'C 50.00 feat; thence S0'46'01'W 175.00 feet; thence s$9.13'32'E 751.25 feet to the MAST Or IICCIWNINO of the parcel herein described; bearings are based on Florida'sta.te Plane Coordinate System, Florida East lone; ALSO LESS AND EXCEPT • • All that part of SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida, being core particularly described as follows; Coe encing at the Northwest corner of said SECTION 14, thence along the West Line of said Section 14, 60.18'41'W 1391.76 feet to the North Line of the South 1/2 of the Northwest 1/4 of raid SECTION 14; thence continua along said West Line, 60'18'41"W 525.02 feet; thence leaving said West Line 580'52'40'E 155.30 feet; thence 873.34'46'z 242.56 feet; thence's591,34'14't 204.02 . feet; thence 851e31'43'E 245.00 feet; thence 1552959'54"z 243.41 ' feat to the POINT or 3EGI04ING of the parcel herein described: • DEG S 2 2000 p,x Page 6 or 20 9B • VA. IVJU (U, V112 thence continue 152'S9'54'L 251.01 feet: thence s39.00037"E 3S7.1S rest; thence a51 23'S3'C 917.29 (eats thane* Southwesterly SO4.01 feet along the arc of a non-tangential circular curve concave to the Southeast. having a radius of 2050.00 feet, through a central angle.-'of .14'03'-12" and being subtended by a Chord which bears 431.04'24°W 502.74 feet: thence 431°01'44"W 636.92 feet; thence Southwesterly 465.6.5 feet along the arc of a circular curve concave to the Southeast, having a radius of 2050.00 feet, through a central angle of 13.34'15' and being subtended by a chord which bears 824'14'35'W 414.52 feet; thence 517027'23'V 111.04 feet; thence 1472,032'37"W 51.36 feet; thence Northwesterly 169.13 feet along the arc of a circular curve concave to the Northeast, through a central angle of S7'100'03' having a radius•of 170.00 feet and 4 • being subtended by a chord which bears'N44.02'3S'V 162.I4 feet; thence N15e32'22*V 119.30 featp thence HSIe11'49"C 63.41 feet; ' thence. N4'15'20"t 239.64 feet; thence NS'13'34"L 250.06 feet: t thence H25'22.51'L 316.69 feet; thence N4201441S'C 254:14 feat; thence N7'31'46"W 272.39 (eat; thence N61.25'30'V 215.95 feet; ; thence N43'07'51"w 351.70 feet; thence H31•47'SS'V 144.15 feet; • thence HO'03'05*w 74.23 feet; thence H24.11'21'C 15.46 feet; thence Northeasterly 42.20 feet along the arc of a circular curve concave to the Northwest, having a radius of 330.00 feet, through a central angle of 7e19'36-'and being subtended by a chord which bears N20'3e'33"E 42.17 feet; thence N164.5e'4S'L 124.41 feet to the POINT Or BEGINNING of the parcel herein described: bearings are based on riorida State Plan Coordinate System, Florida Cast lone; ALSO LESS AHD EXCEPT All that part of SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 LAST, ' CollieriCounty, Florida, being more particularly described •as ,� Comnencing at the Northwest corner of said SECTION 14, thence • along the West Line of said SECTION 14, SO'l1'41*W 1396.76 feet to the North Line of the South 1/2 of the Northwest 1/4 of said SECTION 141 thence along said Worth Line, Sll•20'10"t 13e1.45 'feet: thence leaving said line, 31.19'50'W 260.00 feet to :the POINT Or BEGINNING of the parcel herein described; thence se1'20'10"E and parallel with said Worth Line 1920.33 feet; thence 663'15'29"r 993.33 feet; thence Southwesterly 729.11 feet along the arc of a non-tangential circular curve Concave to the Northwest, having a radius of 950.00 feet through a central angle of 42'51'24' and being subtended by a chord which bears s59'19.'04"W 711.34 feet: thence 5e1,14'16"W 97.92 feet: thence NS'29'S1'W 10146 feet; thence H72.33'30"W 220.94 feet; thence 5e1'll'le'W 296.2s. feet; thence 4731107'05'V 342.16 feet; thence Hi7'Sa'59'W 1351.01• feet; thence 432e54147"W 150.00 feet; thence NS7e0S,13"w 25.00 feet; thence N32054'47"L 97.71 feet; thence Northeasterly and Northerly 270.60 feet along the arc of a circular 'curve concave to the west, having a radius of 420.00 feet through a central angle of 32'1I'02' and being subtended by a chord which bears. N16.45'41"C 247.03 feet; thence 1104.36'44'E 133.34 feet to the;lDINT or BEGINNING of the parcel herein described; bearings afi based on Florida state Plane Coordinate System, Florida East tone; ALSO 1.155 AND EXCEPT • • AG ZJA ITLIA DEC 1 2 2000 Page 7 of 20 92. ! 1 9B VA. 4.V4V au, Via.V. All that part of SECTION 14. TowNSNIP 31 soUTH, AANOt 26 LAST. Collier County. florid*. being wore particularly described es • follows, Coaweneing at the Northwest corner of Said SECTION 14; thence along the West Line of said StCT2oN 14 s0411e'41•w 139e.74 feet to the North Line of the south 1/2 of the Northwest 1/4 of said SECTION 14: thence along said North Line. s11'30.10't 13e1,45 feet; thence leaving said line, 51.39'50•W 260.00 feet; thence 16e•20'10.1 and parallel with said North Line 1920.33 feet: thence s63.35'29"C 1096.99 feet to the POINT or aECINNINC of the parcel herein described; thence continue along said line South 41.25'29"E 145.61 feet; thence leaving said line southeasterly 185.76 feat along the aro of a •tangential *circular curve concave to the Northeast, having a radius of 540.00 feet. through a central angle of 11621'02* and being subtended by a chord which bears. 572044'0o•t 114.97 feat: Er thence s61'56'31't 6e3.37 feat; thence S0.25'S3•t 2304.08 feet; thence 5$7'42'01'W 47.41 feet; thence 364'O5'37•W 311.29 feat; thence 819'O1,40"w 861.11 feet; thence 839.49'41 W 424.93 feet; thence NS0'13'17"W 800.51 feet; thence leaving said line Northwesterly 61e.40 feat along the aro of a tangential circular curve concave to the southwest, having a radius of 4050.00 feet through a central angle of 01'44'55' and subtended by a chord which bears H54.35'44"W 617.10 feet; thence leaving said curve H5e•5e'12"W 692.53 feet; thence Northwesterly, Northerly and Northeasterly 71.54 feet along the arc of a tangential circular curve concave to the Northeast, having a radius of 50.00 feet, through a central angle of 10..00,00' and being subtended by a chord which bears North 13056'12"W 70.71 feet; thence leaving said curve N31•01'/a"C 93.1e feet, thence Northeasterly 479.42 feet along the arc of a tangential circular curve concave to the Southeast, having a radius of :1950.00 feat, through a central angle of 14'05'12" and being ,. .subtended by a chord which bears N34.04'24't 475.22 feet; Q !thence N45.07'00"E 477.45 feet; thence Northeasterly 757.92 Li •(eat along the arc of a tangential circular curve concave to the Southeast, having a radius of 1200.00 feet through a !central angle of 36'11,16• and being subtended by a chord which bears )463412'31"E 745.31 feet; thence leaving said curve 881.11'16•E 356.55 feet; thence Northeasterly 295.6e feet along the arc of a .•tangential circular curve concave to .the Northwest, having a radius of 1050,00 feet, through a central angle of 16.0e'04' and being subtended by a chord which bears N73.14'14"E 294.70 feet to a point of reverse curvature; thence Easterly and Southeasterly 36.49 feet along the arc of a tangential circular curve concave to the south, having a radius of 25.00 feet through a.central angle of 83'38'06' and being subtended by a chord which bears s73.00'4S't 33.34 feet; thence 531.11'42'E 31.43 fest; thence Southeasterly and Southerly 63.46 feet along the arc of a tangential circular curve concave to the Southwest, having a radius of 170.00 feet, through a central angle of 21.23'23* and being subtended by a chord which bears 520'30'00'E 63.10 feet; thence 573'O5'2S"W 131.22 feat; thence 641•44'27"W 574.54 feet; thence S42.46'26•W 223.61 feet; thence 661.09,43"W 207.66 feet; thence 3744,o2'3a'W 177.60 feet; thence 631.24'31"w 17e.51 feet; thence s45.47'13"w 144.97 feet; thence 602•46,40"E 42.05 feet; thence*49e57'02'E 149.04 feat; thence 656'12'50"E 193.24 feet; thenc '377.11'03•t 212.e4 fest; thence N55.19'19"E 172.79 feet; thence N2e•46'40'E 231.79 feat; thence N33.52'19•t 272.36 feet; thence N37•03'S6•L 275.4Q feet; thence N341,41'11"E 341.21- feet; thence. N31'32'09"t 246.91 feet; thence H40.55'13"E 50.33,feet; thence 2133.44'29'W 93.74 feet; thence N69.33'32'W 154.93 feet; thence Northerly and Northwesterly 113.17 feet along the arc of a non-tangential circular curve concave to the southwest, having a radius of 230.00 feet, through a central angle of 26•11'33' and being subtended by a chord which bears N17.OS'SS'W 112.03 feat; thence H31'11'42'W 31.54 feet to a point, of curvature; thence • • • AGENDA ITLM- Mo. Lry DEG 2 2000 • QQ._ i5o Page 8 of 20 9B UK: LIJM z' :• UIL1 f Northwesterly. Northerly and Northeasterly 39.41 feet alone the arc of a tangential circular curve Concave to the cast, hev1n . a radius of 25.00 feet. through • central angle of 90e21111" and being subtended br a chord which hears N14.02'51"C 31.11 feet to a point of reverse curvature; thence Northeasterly • 421..76 feet along the arc of a tangential circular curve .concave to the Northwest having a radius of 1050.00 [eat through a central angle of 23.00'51" and being subtended by a chord which bears N47.47'13"C 411.93 feet to the POINT Or aEOINNIHO of the parcel herein described; bearings are based on Florida state Plane Coordinate System, Florida test tone; • ALSO LISS AND SXCCPT That certain parcel of land lying in and being a 'part of Section 22, Township 51 South, Range 26'taut, Collier County, Florida, being more particularly described as follows: • commence at the Northeast corner of said section 22; thence run Nta'5S'S1"W, along the North line of said section, a distance of 462.41 feet to' the POINT OF BCGINNINO of the parcel of land hereinafter described; thence continua N880S4'S1"W, along the North line of said Section, a distance of 1,214.19 feet; thence' leaving said Section line, run SOi'OI'09"W a distance of 171.59 feat: thence run 93a000'21"E a distance of 154.52 feet; thence run N51859'39"C a distance of 97.46 feet to the point of curvature of a circular curve to the right having a ratline of 2,050.00 feet; thence run Northeasterly along the arc of said curve, through a central angle of 22'S2.11', a distance of 115.26 feet to the point of tangency; thence run N74.51'50•e a distance of 490.03 feet; thence run NiS•oe'10"W a distance of 539.74 feet to the Point of aeginninq.(CCSE1) ALSO LESS AND IXCIPT.That certain parcel of land lying in and being a part of Sections 23 and 24, Township 51 South, (range 26 rest, Collier, county, Florida, being more particularly described as follows, Commence at the Northeast corner of said Section 23; thence run 14I1151'53"W. along the Forth line of said Section 23, a distance of 211.01 feet; thence leaving said section line, run • 539•46'43"W a distance of 711.61 feet; thence run s50.13'17"C a distance of 1,515.63 feet; thence run $39.46'43"w a distance of 1,060.00 feet; thence run s50.13'17"r a distance of 50.00 feet to the POINT oF.DCGIRHIHO of the parcel of land hereinafter described; thence continue S50.1.3'17•C a distance of 739,75 feet; thence run 839'46'43'r a distance of 706.62 feet; thence run NSO.13'17"W a distance of 739.75 feet; thence run s39.46'43"W a distance •of 706.62 feet to the Point of aeginning.(CCSa2) • r, ALSO LESS AND MXCCPT • • • ACrv;7A RCA DEC• j22000 Page 9 of 20 9B • VA. GUJU IV, Vit.& That certain parcel of land lying in and being a part of Section 22. Township SI South. Range 26• Cast. collier County, rlorida, being more particularly 'described as follows: Cowwence et the Northeast corner of said Section 22; thence run • Relese'31'w, along the North line of said section 22, a distance of 1.476.60 feet; thence leaving said Section line. run s01.O1'09"14 • distance of 157.84 feet to the ►DINT or • MEOIHNIHO of the parcel of land hereinafter described; • thence continue s01.01'01'W a distance of 813.71 feet; thence 631400'21't a distinct of 154.52 feet; thence 5S1.51'39'W a distance of 216.11 feet to the point of curvature of a circular C curve to the right having a radius of 950.00 feet; thence run southwesterly along the arc of said curve through a central • angle of'19'07'32' for a distance of 317.11 feet to the and of C a said curve; thence run li111•52'49"11, radial to the last C described curve, for a distance of 102.10 feet, thence N30.34'19'W a distance of 149.24 feet; thence HO9.2O.00'w a distance of 108.55 feet; thence 1(10'43'55"C a distance of 146.72 feet; thence H04.23'25'E a distance of 177.72 feet; thence NO3'30'54"t a distance of 126.71 feat; thence Ho3•48'24'W a distance of'117.09 feet; thence run N1S•00'45•w distance of 135.05 fest; thence 7117.22'40"W a distance of 97.99 feet; thence N54.39'40"C a distance of 57.32 feet; thence N80'14'13"E a distance of 114.61 feet; thence 7172.37'40'E a distance of 130.56 feet; thence N82.31'01'C a distance of 151.24 feet; thence H77.44'12"E a distance of 111.11 feet to the Point of 8eclnning.(ccse3) ALSO LESS AND EXCEPT That certain parcel of land, lying in sections 24 and 25, pwnship 51 South, Range 26 East, Collier county, rlorida, ing wort particularly described as follows: Commence at the Northeast boundary corner of said Section 24, thence along the East boundary of said Section 21 S00.15'24"W distance of 4,476.41 feet to a point on said boundary; thenci..• leaving said East boundary H88•2e'10"W a distance of 201.60 feat; thence H85.111'35'W a distance of 164.23 feet; thence 820.3s'43"1 a distance of 62.59 feet; thence N0846S4'411•W a distance of OS.19 feat; thence H23•42'39"E a distance of 130.40 feet; thence H60.16'31"t • distance of 106.4e feet; thence NO11,16'17"C a distance of 34.66 feet; thence R42.29'244; a distance of 116.91 feet: thence H10•07'11•W a distance of 107.10 feet; thence N10•56'20"E a distance of 105.37 feet; thence H25'22'43"E a distance of 103.06 feet; thence H29.46'39"E a distance of 75.80 feet; thence H37•18'09'E a distance of 50.11 feet; thence H10.29'59'W a distance of 79.14 feet;'thence N44.52'32•V a distance of 54.42 feet; thence N63•21'53"W a distance of 64.07 feet; thence Ha2.33'24'V a distance of 120.72 feet; thence HO1'53'33't a distance of 116.69 feet; thence H40'21'48"W a distance of 52.95 feet to the POINT' or BEGINNING of the parcel of land hereinafter described; thence 559.22'2194 a distance of 73.73 fett; thence S25'39'35'W a distance of 95.53 feet; thence 300c-05'49•s a distance of. 73.02 feet; thence S1S'13'39'E a distance of 140.97 feet; thence 517'32'07"C a distance of 160.04 feet; thence S03'46'25"W a distance of 148.33 feet; thence 520.30,53'W a distance of 147.93 feet; thence SO4.39'51't a distance of 137.15 feet; thence 608.01'12'W a distance of 108.72 feet; thence 819.33'02"W a distance of 115.95 .feat; thence 337.19'10"V a distance of 162.48 feet; thence e22.37'4a'V a distance of 51.15 feet; thence 510'35'24"C a distance of 140.47 feet; thence 536•23'56"W a distance of 106.50 feet; thence 801'12'06•t a distance of 153.54 feet; thence 531•09,54'C a distance of 62.54 feet; thence H69.48'24'5 a distance of 95.29 • 17 " DEC 12 2000 Page 10 of 20 PQ.� � 9B ' - . a.VvV au. vim.' • t stinct of S6S'02t17"taa Sdistance•ofa 73.05 feet: therm'' feet: then-, distance of 61.:1 feet; thence K3:411'11'C anee distance ofl4•S a dtsta12 feet; thence s11•5S•33't • distance of 7/.12 (set; thence 112.46'5I"t a distance Of 31.13 feet; -thence s/i•03'43"W distance of 74.31 feet; thence S12.06'14'11 a distance of 74 71 feet; thence S0l'04'17"C a distance of 117.15 feet; thence ose26'S1•C a distance of 157.66 feet; thence a61.41'S2'E a distance of 31.61 feet; thence 121.40'44•W a distance of 16.1! feet; thence 125'33'5/•W a distance of 41.01 feet: thence 117.30'00"W a distance of 46.22 feeti thence 821•52'34•14 a distance of $5.21 feet; thence H45•0l'14'W • distance of 2340.61 feet; thence H00.15.21'C • dtetanea of 265,00 feet thence st1.44'32•t a distance of 375.00 feet; thence • N14.04'1rt a distance of 10.1a [gets thence N7$'01'56•5 a distance of 414.64 feat; thence M61.23147eE a distance of . 447.14 feat; thence 511.44'32.S a distance of 264.73 feet . thence 800.11'21'W a distance of 141.70 feet to the Point of Beginning.(0U2) • - C Less and except therefrom property conveyed to Board of County Comalissioners of Collier County, Florida, as recorded in official .Records Book 1755, Page 361, aw more particularly described as follows: rAll' hat part of the Northeast 1/4 of Section 15, • Township 51 South, Range 26. East, Collier County, Florida and being more particularly •donoribed as follows; t Commencing at the Southwestorly host corner of • Championship Drive, Marco Shores Unit 30 Golf Course, Plat Hook 17, Pages 98 through 103, Collier County, Florida; 4. thence along the Southerly line of said Championship Drive South 89 degrees -13-52• Best 35.40 feet to the Point of Beginning of the parcel herein described; thence continue along said line South 89 degrees- -13f-5Z•' East 109.79 feet; • ' thence leaving said line South 00 dregrees -18'-43K Hest 153.94 feet; . • thence North 86 degrees -07'-06 Nest 110.00 feet; thence North 00 degrees -18-43• East 147.96 feet to the Point of Beginning. • • 1---74.3.11N.AITEJA • a/ C- DEC ' 2 2000 Pg. 15. Page 11 of 20 "`•' 9B • OR: 2656 PG: 0724 SCHOOL SITE NO. 1 Legal Description • That certain parcel of land lying in and being a part of Section 22, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 22; thence run N 88'58'51" W, along the North line of said section, a distance of 462.41 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue N 88'58'51" W, along the North line of said Section, a distance of 1,214.19 feet; thence leaving said Section line, run S O1'O1'09" W a distance of 971.59 feet; thence run S 38'00'21" E a distance of 154.52 feet; thence run N 51'5939A E a distance of 97.46 feet to the point of curvature of a circular curve to the right having a radius of . 2,050.00 feet; thence run Northeasterly along the arc of said • curve, through a central angle of 22'52'11", a distance of 818.26 feet to the point of tangency; thence run N 74'51'50" E a distance • of 490.03 feet; thence run N 15'O8'10" W a distance of 538.74 feet to the Point of Beginning. Containing 23q)0 acres, more or less. • • • • • • t 1 c DEC 2 2000 Page 12 of 20 _. 9B n - . • OR: 2656 PG: 0725 / MULTI-FAMILY SITE Legal Description That certain parcel of land lying in and being a part of Section 22, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 22; thence run N 88'58'51" W,'along the North line of said Section 22, a distance of 1,676.60 feet; thence leaving said Section line, run S 01'01'09" W a distance of 157.84 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue S 01'01'09" W a distance of 813.75 feet; thence S 38'00'21" E a distance of 154.52 feet; thence S 51'59'39" W a distance of 286.11 feet to the point of curvature of a circular curve to the right having a radius of 950.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 19'07'32" for a distance of 317.11 feet to the end of said curve; thence run N 18'52'49" W, radial to the last described curve, for a distance of 102.10 feet; thence N 30'34'19" W g distance of 149.24 feet; thence N 09'20'00" W a distance of 10 .55 feet; thence N 10'43'55" E a distance of 146.72 feet; thence • 04'23'25" E a distance of 177.72 feet; thence N 03'30/54" E a distance of 126.79 feet; thence N 03'48'24" W a distance Of 117.09 feet; thence run N 15'00'45" W a distance of. 135.05 feet; thence N 17'22'40" W a distance of 97.99 feet; thence N 54'39'40" E a distance •of 57.32 feet; thence N 80'14'13" E a distance of 114.61'feet; thence N 72'37'40" E a distance of 130.56 feet; thence N 82'37'01" E a distance of 151.24 feet; thence N 77'44'12" E a distance of 141.11 feet to the Point of Beginning. Containing 13.20 acres, more or less. t4 /lGW NLA lT�r.4 DEC 1 2 2000 Pg. 15S Page 13 of 20 �' 9B • OR: 2656 PG: 0726 • That portion of the South 1/2 of the South 1/2 of the Southwest 1/4 lying East of State Road 951, Section 15, Township 51 South, Range 26 East, less right-of-way for State Road 951 described in that certain deed recorded in Official Records Book 1166, pages 1070-1071, of the Public Records of Collier County, Florida. • • . .I i .( • • • • • • • • AG_I.:'A nim DEr ' 2 2000 Page 1G of 20 • 9B 011: 2656 PG: 0727 • • LEGAL DESCRIPTION A parcel of land located in a portion of Section 13,Township 51 South,Range 26 East,Collier County,Florida,being more particularly described as follows: Agin at the Southwest corner of the Southwest one-quarter of Section 13,Township 51 South, Range 26 East, Collier County, Florida;thence run N.00°25'48"W., along the West line of the Southwest one-quarter of said Section 13,fora distance of 1,424.99 feet;thence run N.89°56'52"E., for a distance of 2,599.20 feet;thence run S.00°00'38"W.,for a distance of 652.56 feet;thence run S.89°1 T28"E.,for a distance of 1,605.24 feet;thence run S.88°52'17"E.,for a distance of 1,185.93 feet;thence run S.00°23'21"W.,for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13;thence run N.88°59'33"W.,along the South line of the Southeast one-quarter of for a distance of2.661.04 feet to the Southeast corner of the Southwest one- . quarter of said Section.13;thence run N.88°58'40"W.,along the South line of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet,to the point of Beginning;containing 139.183 acres,more or less. • r+ • At r5:1:A ft..aA DEC j 2 2030 PS. i_ 5? Page 15 of 20 9B • • *** OR: 2656 PG: 0728 *ft • LEGAL DESCRIPTION • A parcel of land located in a portion of Section 13,Township 51 South,Flange 26 East,Collier County,Florida,being more particularly desesi ted as follows: ,r. ggjn at the Southwest corner of the Southwest one-quarter of Section 13,Township 51 South, Range 26 East,Collier County,Florida;thence run N.00'25'48"W.,along the West line of the Southwest one-quarter of said Section 13,fora distance of 1,424;99 feet;thence nut N.89'5652"E.. • fora distance of 2,599.20 feet;thence run S.00'00'38"VV.,for a distance of 652.5d feet;thence nun S.89'17'28"E.,for a distance of 1,605.24 feet;thence tug 5.88'S2'17"E.,fora distance of 1,185.93 feet;thence run S.00'23'21"W.,for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13;thence run N.88.59'33"W.,along the South line of the . Southeast one-quarterofforadistanceof2,66IA4feettotheSoutheastcornerofthCSouthwestone- quarter of said Section 13;thence run N.88•S8'40"W.,along the South line of the Southwest one- quarter of said Section 13;for a distance of 2,713.39 feet,to the Faint of Beginning;containing 139.183 acres,more or less. • • • • • • • • • AG:""ITuvt • No. I i C- DE`: 1 2 2000 • Page 16 of 20 Pg•! 5$ ___.1 9B OR: 2656 PG: 0706 (DY Associates) parcel 1 The West 1/2 of Section 13, Township 51 South, Range 26 East, Collier County,Florida. Parcel 2 All that part of the East'/ of Section 13, Township 51 South, Range 26 East, Collier County,Florida,lying southwesterly ofthe right-of-way line ofUS 41. Parcel 3 The West 1/2 of Section 19, Township 51 South, Range 27 East, Collier County, Florida, -Parcel 4 All that part of Section 18, Township 51 South, Range 27 East, Collier County, Florida, lying southwesterly of the right-of-way of US 41; LESS the following described parcel; Commencing at the southeast corner of Section 18,Township 51 South, Range 27 East, Collier County, Florida; thence along the southerly line of said Section 18, North 89°34'04" West 1939.73 feet; thence leaving said southerly line of said Section 18, North 00°31'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right-of-way line, South 54°20'43" East 2371.72 feet to the east line of said Section 18; thence along the said east line, South 00°31'32" West 1271.82 feet to the southeast corner of said Section 18 and the Point of Beginning. Subject to easements, restrictions, and reservations of record. Bearings are based on the southerly line of said Section 18 as being North 89°34'04" West. Parcel contains 294.00 acres more or less. LESS AND EXCEPT that property described on Exhibit "B" A be,4 hereto ACA:tv.Z.A I1 E.R! ``Io. !7 Page 17 of 20 DEC 1 7 2000 — .... _ PQj5 1 9B - T - *** OR: 2656 PG: 0707 • LEGAL DESCRIPTION A parcel of land located in a portion of Section 13, Township 51 South,Range 26 East, Collier County,Florida,being more particularly described as follows: Begin at the Southwest corner of the Southwest one-quarter of Section 13,Township 51 South, Range 26 East, Collier County,Florida; thence run N.00°25'48"W., along the West line of the Southwest one-quarter ofsaid Section 13,for a distance of 1,424,99 feet;thence run N.89°56'52"E., - for a distance of 2,599.20 feet;thence run S.00600'38"W.,for a distance of 65256 feet;thence run S.89°17'28"E.,for a distance of 1,60524 feet;thence run S.88°S2'17"E.,for a distance of 1,185.93 feet; thence run S.00°23'21"W., for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13;thence run N.88°59'33"W.,along the South line of the Southeast one-quarterof for a distance of2,661.04 feet to the Southeast corner of the Southwest one- quarter of said Section 13;thence run N.88°58'40"W.,along the South line of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet,to the Faint of Beginning; containing 139.183 acres,more or less. • • • DEC 1 2 2000 Page 18 of 20 �g�(pU 9B The SE'A of the NE'A of the NE'A,Section 14,Township 51 South, Range 26 East,Public Records of Collier County,Florida. Subject to casement for road purposes over the south fifty(50)feet and the east Fifty(50)feet thereof. • ACk:(.::r:IT..iA _ 2 Page 19 of 20 DEC 1 2 2000 Pg./(0/ 9B • • � . • • LEGAL DESCRIPTION: - THE WEST ONE-HALF'OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTEF • OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH,. ' RANGE 26 EAST, SITUATED AND LYING IN COWER COUNTY, FLORIDA. 'AND THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE • • EAST ONE--HALF OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, SITUATED 'AND LYING IN COLLIER COUNTY, -FLORIDA. • AND THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THE SOUTHEAST ONE-QUARTER OF NE SOUTHWEST ONE-QUARTER, LESS THE WESTERLY 100 FEET THEREOF; THE SOUTHERLY 124.29 FEET OF THE NORTHWEST ONE-QUARTER OF NE SOUTHEAST ONE-QUARTER; THE SOUTHERLY 124.29 FEET OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, LESS THE WESTERLY 100 FEET THEREOF; ALL IN SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, -SITUATED AND LYING IN COLLIER COUNTY, FLORIDA. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. . • BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE 'SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE'26 EAST, COLLIER•COUNTY, FLORIDA, AS BEING S.88'20`44"E. • • ENVIRONMENTAL CONCERNS, 'WILDLIFE POPULATIONS AND JURISDICTIONAL • • ' WETLANDS, IF ANY. HAVE NOT BEEN LOCATED ON THIS SURVEY. LEGAL DESCRIPTION WAS PROVIDED BY CLIENT. • • PROPERTY AREA: 157.074 ACRES, MORE OR LESS. THIS PROPERTY WAS VACANT ON 6/21/99. • • THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL-OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED' TO: GULF BAY 100, LTD WOODWARD, PIRES, & LOMBARDO, P.A. • CHICAGO TITLE INSURANCE COMPANY I •HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED • PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 6/21/99. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS •FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER. • 61G17-6, F.A.C. HOLE, MONTES AND ASSOCIATES, INC. ,� G tX CERTIFICATE OF AUTHORIZATION LB 1772 8Y P.S.M. #5628 DEC i 2 2000 THOMAS M. M RP Y STATE OF FLORIDA / Page 20 of 20 9B Exhibit "FC-F" i O O Iti 14 ,i r., _ ! O 2, , 11 <I iei Al ,,,,' eg . 'd, to N 0 4;KO, .i i i PI , P :per a l' I, 8 6 . 4 — w ._ � • -n I . - 8 w N 0 4, 13 M A 1. 1-1 r00 16 w V !; 0 0+ : 4:�. 1 1i`� Y 1 .tii,...,..„ • .. ,., ,, ,, }.5 . i c 0 ; , • • , 4.,,,i'- ... h• , . . _ ,0 . A • E t . .. 611 = r. 1 i g- 1 , , —.—. .—.—.— -.-}t • . a i . 6 g V.Te ' 74 ' !- . 14 1- ' • 'X `/ 0 0 OOO • • ' t . , 9B •W IQ , Io c, I Ia i , Iz N I� tat 'l. •- I r J + ,Q .� V . N E O. • v • 4 ';-1 ■ e. 'N • , • • a 1 V. `'tick _ ' ,,, r • • . . .0,.____.,_____ z , „,. 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I . • - • ......______..................... 1 . . .......•......•... .. e h ]o; .41(z § ); ct1-1 ��1 . 4 A , �§& ; I �§N _ . )) (§( -_ . { r L6mx .( ;1,§ 0 | •2Si •L0z i CI CI I- ( k I ZILI @°- E / „ (!/ 41 Z | \ \7V_ °/- | 2 ■_« | E � ` IL§■ | z � ;—co �' A- a � - § B ) K15:1 zE | . , LLI , _ - § IIT I- cc ` u. « \ / ) 0 § o �� « _ _ : r- § a at , z k • § la �§ ir .* § 0 C4 uj z Q z IL U I • • § mt § 1 § k _ ; k ` . . A | , k0 ■ 1 ■ � • o F �§ [ § 2 « § / i/ a C I I |§, \ § \ �'. § w ) x Q_ # � ! ' t \ / , w \ E�—'--- - w_ 2 Z | / in - I | | / / ■ CA . I. M CA �j ILI ( \ #zI& ; ?.�& 1 Ill ii |. � CO C4 h : .AY = , ° X i w v ,i-5 7 acl \�,-. : 7| K „ W 02 -, : 9 B z Ja1 v � : _ ', ,e„..,A,E-01 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State December 17, 2024 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-52, which was filed in this office on December 16, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270