Parcel 119FEE
PROJECT: VBR Extn. 60168
PARCEL No.: 119FEE
FOLIO No.: 00206800509
DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this ,;Zv'it>.. day of ;f/<trv..:A , 2010, by and between OFC OF
NAPLES, INC., a dissolved Florida corporation, whose mailing address is 9393
Vanderbilt Beach Road Extn., Naples, FL 34120 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Fee
Simple Estate over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and
free and clear of all encumbrances, and at no cost to the County unless otherwise
stated herein. Said conveyance (Owner's delivery to County of a properly
executed Deed) is hereinafter referred to as the "Closing."
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Property.
4. County shall pay all fees to record the conveyance instrument and any curative
instruments required to clear title. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Property.
5. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
6. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
7. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: ,2-,)""l, -U'
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ATTESt.. €i'lJt;:~O "~"
DWI~#~:j'R9~~.!erk
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AS TO OWNE~ /
DATED: 3 t.:z. ,,/ w4!J/ 0
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Nam (Print or pel
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 'NW. ~
FRED W COYLE, CHAIR. N
OFC OF NAPLES, INC.,
a dissolved Florida corporation
BY:
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Name (Print or Type)
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Title /
,/ (Signature)
~. ilfAYJ JI 5r7li1z-
Name (Print or Type)
Approved as to form and
'lJ sufficiency:
.j A (je()
Assistant County Attorney
Last Revised: 8/20/08
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SECTION 35
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OFC OF NAPLES INC
OR 2206/1045
PROPOSED
PARCEL 119 FEE
79,377 SQ. FT,
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SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED RIGHT OF WAY PARCEL
LEGAL DESCRIPTION (PARCEL 119 FEE)
A PARCEL OF LAND LYING IN SECTION 35. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 60 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35.
CONTAINING 79,377 SQUARE FEET, MORE OR LESS,
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,dJ1~su~aOR
FLORIDA RI:C'STHllr'M' flr~'lr. n: NO. 5301
SIGNING DATE: , L: D'
NOT VALID WITHOUT THE SIGNATURE '" ~ RAISED EMBOSSED SEAl OF
A FLORIDA REGISTERED PROFESSIONAL \JrNE OR AND MAPPER,
IDD
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1.""200'
BOARD OF COUNTY COMMISSIONERS
VANDERBILT BEACH ROAD EXTENSION
SKETCH & DESCRIPTION OF: PROPOSED
PARCEL
RIGHT OF WAY
D'lT^n"'~on
CONSULTINO avil~
..&.. ...., ,.... A SurveyiDg&MappIog
6610 Willow ParkOrtve, Sulle 200
Naples, F1orkla34109
Phone: (239) 597-0575 FAX: (239)597-0578
LB No.: 6952
FILE NAME SHEET
SK119FEE OF 1
PARCEL 119 FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION
060119.00.00 1
SCALE
1" - 200'
ORDINANCE NO, ] 0- ..9..L.
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, fLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTAFlI ,ISHED THE COMPREHENSIVE lONING
REGUl.ATlONS FOR THE UNINCORPORATED AREA Of
COL!.!ER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZO:'-JING ATLAS MAP OR MAPS BY
CHANOING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE GOLF
COURSE (GCl ZONING DISTRICT AND THE RURAL
FRINGE MIXED USE DISTRICT-NEUTRAL LANDS ZONING
OVERl.A Y DISTRICT TO THE AGRICULTURE (A) ZONING
DISTRICT AND THE RURAL FRINGE \;fIXED USE
DISTRICT-NEUTRAL LANDS lONING OVER!.A Y
DISTRICT FOR THE PROJECT KNOWN AS OLDE fLORIDA
GOLF CLUB, LOCATED AT 9405 V ANDERB)LT BEACH
ROAD EXTENSIOr\, IN SECTION 31, TOWNSIlIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, flORIDA,
CONSISTING OF 554+/. ACRES SUBJECT TO CONDITIONS;
PROVmING FOR REPEAL OF ORDINANCE 91-16; AND BY
PROVTDING AN EFFECTIVE DATE,
WHEREAS, Margaret C Perry, AICP, of WiIsonMiller, Inc, and John Passidomo, Esq.,
represcnting Olde Florida Golf Club, ]nc., petitioned thc Board of County Commissioners to
change the zoning classification of the herein dcscribed real property.
NOW, THEREFORE, BE IT ORDAINED IW THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
attached hereto and incorporatcd hercin by reference, locatcd in Section 31, Township 48 South,
Range 27 East, Collier County, Florida, is changed from the Golf Course (GC) Zoning District
and the Rural Fringe Mixed Use District Neutral Lands Zoning Overlay District to the
Agriculture (A) Zoning District and the Rural fringe Mixed Use District-Neutral Lands Zoning
Overlay District for a 554+/- acrc project known as Olde Florida Golf Club. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Co\lier
Olde Florida Golf Club. RZ- 2008,AR,I3951
Rev 01113/10
I 01'2
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County Land Development Code, is/are hereby amended accordingly, subject to the Conditions
of Approval, attached hereto as Exhibit B and incorporated herein and in accordance with the
Map of Future Development Envelope attached hereto as Exhibit "c" and incorporated herein.
SECTION TWO:
Ordinance 91-16 is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this cJ3 rt\ day of Fe b'UO'J' 2010,
ATTEST:
DWIGHT E, BROCK, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: FR:t::!;y~C~
,,' .' .' 'eputy
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Approved as to form
and legal sufficiency:
tL,d:,~;d. [to
Section Chief, Land Userrransportation
Attachments: Exhibit A - Legal Description
Exhibit B - Conditions of Approval
Exhibit C - Map of Future Development Envelope
OS--CPS-00902/48
Olde Florida Golf Club ' RZ. 2008,AR,I3951
Rev. 01113/10
20f2
EXHIBIT A
OlDE FLORIDA GOLF CLUB
lEGAL DESCRIPTION
All of Section 31, Township 48 South, Range 27 East, less that East V. of the Northeast 14
thereof, Collier County, Rorlda.
EXHIBIT B
Conditions of Approval
I, The Property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it
shall be subject to the rules and regulations for golf course operations for properties designed as
neutral lands under the County's Growth Management Plan.
2. The landowner, its successors or assigns shall, at the time of physical development of the
Property under an approved site plan or subdivision plat, provide at its sole cost and expense an
integrated stormwater management system designed. permitted, and constructed to provide
appropriate facilities for on. site stormwater and for conveyance of stormwater off-site flow from
adjacent properties to the north, per historic overland flow patterns. The integrated stormwater
management system may include an engineered tlow.through channel, a natural tlow-way
through contiguous preserve or buffer areas, a hydraulic connection to an approved development
water management system, or any combination thereof~ but expressly excludes design, permitting
or construction of any improvements located on any land ofT-site to the Property which is rezoned
under this Ordinance. Capacity of the conveyance shall be determined by mutual agreement of
the County and the landowner based upon analysis of the basin as required by site plan or
subdivision plat revlcv. and approval. The design, permitting and construction of such system
must be approved by the County and a drainage casement encumbering the appropriate
components of such system shall be dedicated to Collier County with no responsibility for
maintenance at the sole cost and expense of the landownt:r, its successors Of assigns.
3. The permitted uses in RFMLJ District.Neutral Lands are permitted on the Property as of right
except for farm labor housing.
4. The accessory uses in the RFMLJ District-Neutral Lands are permitted on the Property as
accessory to uses permitted as ofrighl or to approved conditional uses.
5. The following uses in the RFMLJ District-Neutral Lands are permissible as conditional uses
subject to the standards and procedures established in Section 10.08.00 of the LDC:
a. Community facilities, such as places of worship, childcare facilities, cemeteries, social
and fraternal organizations.
b, Multi-family residential structures subject to the following development standards:
(i) Building height limitation: 2 stories
(ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on
center
(iii) Setbacks: 50% of the height of the building, but not less than 15 reet
c. Those essential services identified in Sections 2.01.03(G)( I) and (G)(3) of the LDC:
6. At the request of Collier County, at the time the Ordinance rezoning the Property becomes final
and non-appealable the landowner. its successors or assigns shall execute and deliver a Donation
Agreement for Parcel 119FEE on the Vanderbilt Beach Road Extension Project to Collier County
at no cost or expense to the County..
4841-14935 #96 #2
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GOLF CLUB Of
THE EVERGWl
(A)
VN:;NfT (A-MHO)
FUTURE OEVaOPllENT
EJM:L.OPE
EXISTING CONSERVATION
EASEWENT .... LDC,
NO IUI'1D
REClUIRED
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OLDE FLORIDA GOLF CLUB
OLDE FLORIDA GOLF CLUB
MAP OF FUTURE DEVELOPMENT ENVELOPE
Wil.Millef
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PIlOoJE NO.
N0107-015-001
DIlWN BY MP NO.
J.M,l. 1322
IN )(NQ,
OO-ND1Q7-00J
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1 OF' J
LEGEND NOTES:
, Al. DEVELOPMENT WilL " " COMPLlAr-.CE WITH THE cDC IN EFFF.CT AT
'HE T;ME OF DEVELOP MEN'!"
CJ 2 fHr FACIl.ITIFS ANO MPROVEMENTS SHOWN ON THIS CONCfPTUAL RfZONE
EXISTING CONSERVATIOt-< MASTER PLAN, ShAll. aE CONSIDEF/ED CONCEPTUAl " NATURE T;E DESIGN,
- - I EA$[MENi LOCATiON ANO CONFIGURATION OF THE LANO IMPROVEMENTS SHALL BE
Df.rNED AT SITE PIAN APPROVAL OR SUBDIVISION PLAT APPROVAL.
"'. - .~.
3 LAND USE AREA::; ARt: CONCEPTUAL AND SUBJECT TO RELOCATION/CHANGE
PRIOR TO CONSTRUCTION PERMITTI"lG
//";';;// /
/,,' / /,//,/ EXISTING NATIVE VEGETATION 4 HE AREA DEPIC1ED AS "FUTURE DEVELOPMENT ENVELOPE" IS THE AREA
/,/ ,,<. /.' / .',/
>"'/ / /// / WITHIN GCLF COURSf WITHIN WHICH FUTURE DE.VELOPMENT ON lHE PROPERTY WILL OCCUR. lHE
~:.>;/~~~ DELINEATION '"0 DESIGNATION OF A PRESERVE AREA WILL aE MADE AS AND
WHEN REQUIRED DY mE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT
REGULATIONS
CJ FUTURE DEVELOPMENT ENVELOPE
NATIVE VEGETATION CALCULATION
~ EX!STING NATIVE VEGETATION REQUIRED
NOT INCLUDED WITHIN .. . .- . . - .-
CONSERVATION EXISTING NATIVE VEGETATION WITHIN GOLF COURSE I 55' A~;E'-
I .
EASEMENT
EXI'5iH.JG CONSERVATION EASEMENT 510 ACRE',
--.---.---...-.-.. -.- _.._-~ -- ------~ ----~ --
rXISTING NATIVE Vr:CETATION OIJTSIDf GOLF :t;!jO ACRES
t;"<~~ COURSE
-- - --
COlF COURSE BuFFER lONE ~O-'-A;, EXISTING NAfIVE VEGETATION .1:3894 ACRES
)'(/'x^;;/ ;~ .1. ----
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REQUIRED NATIVE VEGETATION (60~) _____L i-2J36 ACRES
. .. ------ -"'-.--.-.-------
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~ FlJTURE DEVELOPMENT ACCESS f~f\'OVI:JU)
- - 1
EXISTiNG NATIV!' VEGETATION WITHIN GOl.f COURSE I B8A ACRES
,_.__._---_._--~,-_.~--_._+ .-- ...
EXISTING CONSERVATION EASEMENT 510 ACRES
PROJECT BOVNDARY ----- ----- ...
POIE'>lTIA~ NATIVE VEGETATION PRESERVATION AREA
(NCLUDES 15c' BUFTEI;' EXCLUDES NON--NATIVE i94.2 ACRES
VEGETATION) I
FUTURE DEVELOPMENT AREA ---- u. i -...
TOTAL TO BE PROVIDEO :t2JJ6 ACRES
NOlL
THE ABOVE NATIVE VEGETATION CALCULA1IONS ARE APPROXIMATE AND MAY
VARY AT THE TIME or DEVELOPMENT FINAL ACREAGE OF RETAINED NATI\I[
vrGr.1ATION SHAll NOT 3E LESS THMI 6," OF THE EXISTING ONSITr NATIVE
Vi:.GUATION (i,e.. j 2J36 ACRES)
<-',,' i,I;', j OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE
'I "r OLDE FLORIDA GOLF CLUB
Wil.Miller -. f1!><'<C''''''''''''
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N."S. 'FEB 2010
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Exhibit C
.1 of 3
SITE
SUMMARY
I
553.7 ACRES
TOTA_ PROJECT AREA
GOLF COURSE
-~;~~~A;;~~,C-~:~:'~~~8:,~~~ GW ~OU~S[ 1
1467 ACRES
58.4 ACRI-S
EXISTING CONSERVATION EASEMENT
51:1 ACRES
fUTURE DlvElOPMENT AREA
rLTURE JEV[lOPMENT AREA
2179 ACRES
OTHER AREA (OLJ'510E DEVELOPMENT AREA)
49.7 ACRES
h'JJ:':~-;T
OlDE
OlDE
FLORIDA GOLF CLUB
FLORIDA GOLF CLUB
I l:r
Wil.Miller
OPEN
TOTAL PROJECT AREA
REQUIRED OPE'\J SPAcr (70~)
SPACE
EXISTING OPEN SPACE PRovmED (GOLF COURSE)
AJDIT'ONAl OPE" SPACE REQUIRED
MAP
OF FUTURE
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DEVELOPMENT
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AREA
05-5/ ACHlS
3876 ACRES
774.5 ACRES
11.~.1 ACRES
ENVELOPE
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FEB 1010
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I..M.B. 1471
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E, BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-08
Which was adopted by the Board of County Commissioners
on the 23rd day of February, 2010, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March, 2010,
DWIGHT E, BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
Couney Commissiore,rl?;,},
, .....,. !/.
CUJJJ- &(fC,r?~;'
By: Ann JennEi]'ohn,
Deputy Clerk
..: