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Ordinance 2025-63 ORDINANCE NO. 25- 063 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO MAKE CHANGES CONSISTENT WITH SECTION 177.071, FLORIDA STATUTES, WHICH REQUIRES ADMINISTRATIVE APPROVAL OF PLATS AND REPLATS: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.02, APPLICABILITY; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04, REQUIREMENTS FOR SUBDIVISION PLATS, SECTION 10.02.05, CONSTRUCTION, APPROVAL, AND ACCEPTANCE OF REQUIRED IMPROVEMENTS; APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; APPENDIX C — FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [LDCA-PL20250007882] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on October 16, 2025, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and [25-LDS-00373/1 98 1 600/1]28 Page 1 of 23 10/27/25 Words struck through are deleted, words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on December 9, 2025, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VI I I, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular§ 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or [25-LDS-00373/1981600/1]28 Page 2 of 23 10/27/25 Words are deleted, words underlined are added element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest;to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the [25-LDS-00373/1981600/1]28 Page 3 of 23 10/27/25 Words struck through are deleted, words underlined are added adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Adjacent: To share a common property line or boundary, or to be separated by a public right-of- way, easement, or water body. Administrative Official: The person delegated authority to approve, approve with conditions, or deny subdivisions plans or replats on behalf of the Board of County Commissioners, including the County Manager, Deputy County Manager, Growth Management Community Development Department Head, Development Review Director and/or Zoning Director, as authorized in Resolution 2025-131. Adult day care center. A facility that provides temporary care on a daily basis for adults, whether for compensation or not, and without overnight accommodations. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 4.03.02 APPLICABILITY Section 4.03.02 Applicability, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.02 Applicability [25-LDS-00373/1981600/1]28 Page 4 of 23 10/27/25 Words struck through are deleted, words underlined are added It shall be unlawful for any person to transfer,sell,or otherwise convey,to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC Administrative Official required by this section and without having recorded the approved final subdivision plat as required by this section. Any division of land meeting the definition of subdivision which is not otherwise exempt by this section shall require the filing of a subdivision plat in accordance with the requirements of LDC section 10.02.04 of this Code. SUBSECTION 3.C. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR SUBDIVISION PLATS Section 10.02.04 Requirements for Subdivision Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat." 1. Generally. Final subdivision plat approval by the Board of County Commissioners Administrative Official is required before a final subdivision plat can be recorded. a. No final subdivision plat shall be approved by the Board Administrative Official until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D. b. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. c. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision performance security as identified in LDC section 10.02.04 F with the County. d. Where approval of construction plans and final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met. * * * * * * * * * * * * * 3. County Manager review of construction plans and final subdivision plats. a. The County Manager or designee shall preliminarily review and evaluate the construction plans and final subdivision plat in conformance with the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. The County Manager or designee shall review and evaluate the [25-LDS-00373/1981600/1]28 Page 5 of 23 10/27/25 Words struck through are deleted, words underlined are added construction plans and final subdivision plat in light of the requirements established in the LDC and Administrative Code and provide written notice to the applicant acknowledging receipt . Based on the review and evaluation, the County Manager or designee shall approve, approve with conditions, or deny the construction plans and final subdivision plat. If-the construction plans and final subdivision plat is denied, then the final subdivision plat shall not be submitted to the Board until the construction conditions by the County Manager or designee.The approval of the County Manager or designee is subject to Board approval, noted below. b. if t—tr e constructions plans an subdivrsiornr-plat are approved or approved with conditions by the County Manager or designee, the County manager n�esignee-sha l recnomrmrrend that the Board approve, apte with conditions, or deny the final subdivision plat. If the County Manager or designee denies or places conditions on the construction plans or recommends denial or conditions on the final subdivision plat, he shall state reasons and cite the applicable code or regulatory basis for the decision. c. Once the construction plans and final subdivision plats are submitted by the applicant for review by the County Manager or designee, they will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant, or until the time frames specified in F.S. 125.022. If a waiver of time limits is submitted and a response is not received within this time, the application for construction plans and final subdivision plat review will be considered withdrawn and cancelled. If there is no waiver of time limits submitted, and the applicant exceeds the time limits specified in F.S. 125.022, the application will be considered denied. Further review of the project will require a new application and the appropriate fees paid by the applicant. * * * * * * * * * * * * * 4. Board Administrative approval of the final subdivision plat. Following preliminary approval or approval with conditions by the County Manager or designee,the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing. Tthe Board Administrative Official shall consider approval of the final subdivision plat together with the approval of standard form, Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost. b. If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member of the Board objects to the recommendation of the County Manager or designee or [25-LDS-00373/1981600/1]28 Page 6 of 23 10/27/25 Words struck through are deleted, words underlined are added otherwise requests discussion on the recommendation, then the re-commenclaten--shalk-be—taken—eff—the—consent—agenda—and—rn-ay—lae discrussed-or scheduled fora-subsequent ;earring date. After due notice of the hearing to the applicant the Board shall hold a hearing on the find err�TVCn-rrT�w , a a uii i iviv a i i � .. subdivision plat. At[� s the + hearing, the Board shall consider the County Alta-nager o designee' recomm ation-end shall take—evidence testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.0/1 C, and other provisions of the LDC. The Board shall approve, approve with conditions, or deny the final subdivision plat. If the Board denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. sb. Approval of the final subdivision plat shall not constitute acceptance of public dedicated facilities. Acceptance of any such dedicated public facilities and responsibility for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3. d c. After Board administrative approval of the final subdivision plat by the Administrative Official, building permits may be issued for a percentage of planned homes in accordance with the Florida Building Code and pursuant to F.S. 177.073. Subdivision performance security shall be in accordance with LDC section 10.02.04 F 2.b.i., and the construction and maintenance agreement shall be in accordance with LDC section 10.02.04.F.3.e when utilizing F.S. 177.073. 5. Insubstantial changes and amendments to construction plans and final subdivision plats. a. Insubstantial Changes to Construction Plans (ICP). Following approval by the County Manager or designee of the construction plans, the applicant may request insubstantial changes to the construction plans. Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the construction plans. Construction plans shall be prepared pursuant to LDC section 10.02.04 B. b. Following approval by the Board Administrative Official of the final subdivision plat, but prior to recordation, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat. Insubstantial changes are insignificant to the project, such as a correction or change on the cover sheet. c. Following approval by the Board Administrative Official of the final subdivision plat, but prior to recordation, the Board Administrative Official may approve amendments to the final subdivision plat. This is commonly referred to as a "PPLA". [25-LDS-00373/1981600/1]28 Page 7 of 23 10/27/25 Words struck through are deleted, words underlined are added Application. The Administrative Code shall establish the process and the submittal requirements for the final subdivision plat amendment. The final subdivision plat shall be prepared pursuant to LDC section 10.02.04 B. * * * * * * * * * * * * * 7. Timing of recording and development. a. Recording. Within 18 months of the date of approval of the final subdivision plat by the Board Administrative Official, the applicant shall submit the final subdivision plat to the County Manager or designee for recording. b. Required improvements to be completed. The improvements required for the final subdivision plat shall be completed within 18 months from the date of approval by the Board Administrative Official unless a written extension request is approved by the County Manager or designee. c. Integrated phased development. Each subsequent phase of the project shall be submitted within 2 two years following the date of written approval of the most recently approved final subdivision plat in accordance with LDC section 10.02.04 A.6. * * * * * * * * * * * * * F. Recordation of the Final Subdivision Plat. 1. Generally. No building permits for habitable structures shall be issued prior to approval by the Administrative Official and recordation of the final subdivision plat, except as provided in LDC section 5.04.04, LDC section 10.02.04 B.6., and LDC section 10.02.04 B.4.d-c., as applicable. 2. Posting of subdivision performance security at the time of recording; or at Board Administrative Official approval when utilizing F.S. 177.073. a. The final subdivision plat shall not be recorded until a subdivision performance security for the construction of the required improvements, both on-site and off-site, has been posted by the applicant and approved and accepted by the County Manager or designee on behalf of the Board. b. The applicant's professional engineer shall prepare an opinion of the probable construction cost or the actual contractor's bid price, which includes the cost of all required improvements, to determine the amount of the subdivision performance security. If no construction of the required improvements has begun at the time of posting of the subdivision performance security, the security shall be an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on [25-LDS-0037 3/1 98 1 600/1]28 Page 8 of 23 10/27/25 Words struck through are deleted, words underlined are added the applicant's professional engineer's opinion of the probable construction costs or contract bid price. ii. If construction of the required improvements has begun at the time of posting the subdivision performance security, the security shall be in an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price, plus 100 percent of the required improvements to be completed, such as the final lift of asphalt and uncompleted sidewalks. iii. If construction of all required improvements has been completed and accepted by the Board at the time of recording, only a performance maintenance guarantee at an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price shall be provided. iv. No subdivision performance security shall be required where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency. A subdivision performance security shall be required of an independent special-purpose government such as a community development district (CDD). c. The subdivision performance security shall be prepared pursuant to Appendix A of the LDC and shall be one of the following forms: Construction, maintenance, and escrow agreement, or ii. Construction Maintenance Agreement and one of the following: a) Cash deposit agreement with the County, or b) Irrevocable standby letter of credit, or c) Surety bond. d. Once the form of a subdivision performance security has been approved and accepted by the Board, alternate securities, in a format approved by the County Attorney, may be approved by the County Manager or designee, on behalf of the Board. 3. Recordation Procedure. After approval of the final subdivision plat by the Board Administrative Official prior to the recording of the final subdivision plat with the clerk of the circuit court, the following shall occur: * * * * * * * * * * * * * [25-LDS-00373/1981600/1]28 Page 9 of 23 10/27/25 Words struck through are deleted, words underlined are added e. Construction and Maintenance Agreement. The applicant shall enter into a construction and maintenance agreement with the County, in a form acceptable to the County Attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period or a time frame established in an approved extension request by the County Manager or designee. This agreement shall be submitted with the final subdivision plat for review and approval and shall be executed by all parties at the time of Board Administrative Official approval; if building permits are issued when utilizing F.S. 177.073,or at the time of recording the final plat. * * * * * * * * * * * * * g. Supporting "gap" title information. Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida, the applicant, at no expense to the County, shall submit to the County Manager or designee final supporting "gap" title information. The final supporting title information must meet all of the requirements of LDC section 10.02.04 F.3.c, except as to the effective date. Receipt and approval of the"gap"title information is a condition precedent to preliminary acceptance of subdivision improvements by the Board Administrative Official. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION, APPROVAL, AND ACCEPTANCE OF REQURIED IMPROVEMENTS Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Construction, Approval, and Acceptance of Required Improvements * * * * * * * * * * * * * C. Final Acceptance of the Required Subdivision Improvements by the Board of County Commissioners. 1. Generally. The Board may provide final acceptance, by resolution, of the improvements subject to the following: a. Following the 4 one-year minimum maintenance period as required by preliminary acceptance by the County Engineer or designee; and b. Following satisfactory completion of the preliminary acceptance inspections by the County Engineer or designee; and c. At the request of the applicant, after a final inspection by the County Engineer or designee. [25-LDS-00373/1981600/1]28 Page 10 of 23 10/27/25 Words struck through are deleted, words underlined are added 2. Timing. All of the required improvements shall receive final acceptance by the Board within 36 months from the date of the original Board administrative approval of the final subdivision plat, unless extended by the County Manager or designee, the Board, or general law. a. The developer may request two-year extensions for completion and acceptance of the required improvements.A maximum of 2 two extensions may be granted by the County Manager or designee. Each request should provide written justification for the extension. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS Appendix A Standard Performance Security Documents for Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS * * * * * * * * * * * * * Appendix A consists of the following specimen forms: A.1 Subdivision Improvements * * * * * * * * * * * * * c. The Construction, Maintenance and Escrow Agreement for Subdivision Improvements shall be substantially as follows: CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 by (description of entity) (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter"The Board") and (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: . B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. [25-LDS-00373/1981600/1]28 Page 11 of 23 10/27/25 Words struck through are deleted, words underlined are added C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated , Account No. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the County Manager or his designee within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3 Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of$ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the County Manager or his designee to the effect that: [25-LDS-00373/1981600/1]28 Page 12 of 23 10/27/25 Words struck through are deleted, words underlined are added (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Subdivision Regulations. 7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement to [25-LDS-00373/1981600/1128 Page 13 of 23 10/27/25 Words struck through are deleted, words underlined are added include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this Agreement to be executed by their duly authorized representatives this day of , 20 . SIGNED IN THE PRESENCE OF: (Name of entity) (Developer) By: Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name SIGNED IN THE PRESENCE OF: (Name of entity) (Lender) [25-LDS-00373/1981600/1]28 Page 14 of 23 10/27/25 Words struck through are deleted, words underlined are added By: Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: {Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Name of Chairman Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 Approved as to form and legality: Assistant County Attorney (Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) d. The Construction and Maintenance Agreement for Subdivision Improvements shall be substantially as follows: [25-LDS-0037 3/1 981 600/1]28 Page 15 of 23 10/27/25 Words struck through are deleted, words underlined are added CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 20 between hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or designee for compliance with the Collier County Land Development Code. 5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. [25-LDS-00373/1981600/1]28 Page 16 of 23 10/27/25 Words struck through are deleted, words underlined are added .6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or designee.After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or designee to inspect the required improvements. The County Manager or designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or designee. The County Manager or designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of , 20 SIGNED IN THE PRESENCE OF: (Name of Entity) By: [25-LDS-0037 3/1 981 600/1]28 Page 17 of 23 10/27/25 Words struck through are deleted, words underlined are added Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk (Name of Chairman Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 Approved as to form and legality: Assistant County Attorney (Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) Ord. No. 25-XXX, § XX) SUBSECTION 3.F. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION [25-LDS-00373/1981600/1]28 Page 18 of 23 10/27/25 Words struck through are deleted, words underlined are added Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (SEE LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for preparation of those platting materials required to be submitted to reviewing authorities, including the Project Review Services Department, Utilities Division, County Health Department, County Attorney and the Board of County Commissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION, AS PROVIDED IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. (signature) (TYPED OR PRINTED NAME HERE) DATE Include Florida Professional Land Surveyor No. COUNTY COMMISSION ADMINISTRATIVE OFFICIAL APPROVAL STATE OF FLORIDA COUNTY OF COLLIER THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD F COLLIER COUNTY, FLORIDA, THIS DAY OF , 20 , PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA. (Name of Clerk) (Name of Chairman Administrative Official); CHAIRMAN (Title of Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 [25-LDS-00373/1981600/1]28 Page 19 of 23 10/27/25 Words struck through are deleted, words underlined are added CLERK OF CIRCUIT COURT IN AND FOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COUNTY, FLORIDA FILING RECORD I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT (a.m. or p.m.) THIS DAY OF , 20 , AND DULY RECORDED IN PLAT BOOK PAGE(S) , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (Name of Clerk) CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS DAY OF , 20 . (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS DAY OF , 20 . (TYPED NAME) ASSISTANT COUNTY ATTORNEY DEDICATIONS STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)), THE OWNER(S)OF THE LANDS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: A. DEDICATE TO THE (insert homeowners' association or legal entity): 1. Private road rights-of-way, as follows: TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements; i.e., [25-LDS-00373/1981600/1]28 Page 20 of 23 10/27/25 Words struck through are deleted, words underlined are added R.O.W., C.U.E., P.U.E., D.E., etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainage or stormwater management easements as follows: ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.)WITH RESPONSIBILITY FOR MAINTENANCE. 4. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE, 6, Or any other similar easement or tract intended to be dedicated for a set purpose, or purposes. 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Such tracts, or easements must be dedicated to a homeowners' association, or to any other lawfully existing entity which has, or would have at the time of final plat recording, the power or authority to perform the obligation to maintain, along with the responsibility for such maintenance. * * * * * * * * * * * * * [25-LDS-00 3 73/1 98 1 60 0/112 8 Page 21 of 23 10/27/25 Words struck through are deleted, words underlined are added (Ord. No. 20-16, § 3.N; Ord. No. 24-11, § 3.HH, Ord. No. 25-XXX, § XX) * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to"section,""article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. [25-LDS-00373/1981600/1]28 Page 22 of 23 10/27/25 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this (Pill day of 'G !2025. CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS r.� ), OF COLLIER COUNTY, FLORIDA By: ,4c."141/AX444,04-- Deputy Clerk urt L. Saunders, Chairman ' Attest as to Chairman's , *• signature only C�ckt Approved to form and le alit dinr,nee. filed � tti the' Pp 9 Y cy of St to's Office the `4- Goy of tat1]f ,.Ia; 7925 F (+ .. t.�,:..o C;it:'"G:;1T�-7"oz that doy Courtney L. DaSilva Assistant County Attorney 11/5/25 .-- W^- art [25-LDS-00373/1981600/1]28 Page 23 of 23 10/27/25 Words struck through are deleted, words underlined are added d. ,HI ,,,„ ir "i A*.,i--, FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State December 15, 2025 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. 25-063, which was filed in this office on December 12, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270