Ordinance 2000-021ORDINANCE NO. 2000-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA; BY AMENDING THE
OFFICIAL ZONING ATLAS MAPS NUMBERED 161 l, 1614N,
AND 1615N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "MH" AND "RSF-I" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS CHAMPION LAKES RV
RESORT LOCATED ON THE NORTH SIDE OF
CHAMPIONSHIP DRIVE IN SECTIONS 11, 14, AND 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 101+ ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
herein described real property.
NOW, THEREFORE BE IT ORDA1NED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
WHEREAS, Richard D. Yovanovich of Goodlette, Coleman & Johnson, F.~., ~n.~l D.
Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Ra~d '~;tmes's~
Smela, petitioned the Board of County Commissioners to change the zoning classi~a~f~on ~f the""
I~';; ,.~
Frn.
BOARD OF ~OU~.~TY
SECTION ONE:
The zoning classification of the herein described real property located in Sections 11, 14
and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "MH" and
"RSF-I" to "PUD" Planned Unit Development in accordance with the Champion Lakes RV
Resort PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Maps numbered 1611, 1614N, and 1615N, as described in Ordinance
Number 91-102, the Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~. L4~ day of ~_Q ,2000.
ATTEST:
Appr0ved 9s to Fo~
and ~gal Saf~ciency
~Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the
Secretary of State's Office the
~ day of -~,.',~, ~ ~
and acknowledgemerit of that
filin received this ~-~ day
of ~ , '~.
Deputy C~erk
G/admin/PUD-99-29/CB/B
CHAMPION LAKES RV RESORT
A
PLANNED UNIT DEVELOPMENT
101 + Acres Located in Sections 11, 14 & 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Raymond James Smela
2000 Royal Marco Way, Unit 310
Marco Island, F! 34145
PREPARED BY:
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FI 34134
(941) 947-1144
(941) 947-0375 Fax
EXHIBIT "A"
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
EXHIBIT A
EXHIBIT B
EXHIBIT C
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RECREATIONAL VEHICLE
RECREATION
PRESERVE
GENERAL DEVELOPMENT COMMITMENTS
CHAMPION LAKES RV RESORT PUD MASTER PLAN
LEGAL DESCRIPTION
PROPERTY OWNERSHIP
PAGE
ii
14
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STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the Developer, to create a Planned Unit
Development (PUD) on 101+ acres of land located in Sections 11, 14 & 15 Township 51 South,
Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be
Champion Lakes RV Resort PUD. The development of Champion Lakes RV Resort PUD will be
in compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan. The Development will be consistent with the growth policies and land
development regulations adopted pursuant to the Growth Management Plan, Future Land Use
Element and other applicable regulations for the following reasons:
The subject property is within the Urban Mixed Use Residential District, Urban Coastal
Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide
for a variety of residential and mixed-use developments such as Planned Unit
Developments.
,
The proposed residential density of the Champion Lakes RV Resort PUD is 2.9 dwelling
units per acre and is less than the maximum density permitted by the FLUE Density Rating
System and the Land Development Code (LDC) and is therefore consistent with FLUE
Policy 5.1. The entire subject property qualifies for a maximum density of twelve dwelling
units per acre, based on the permitted density for travel trailer/recreational vehicle parks as
provided in the FLUE, Urban Designation Description section and further referenced in
Section 2.2.11.4.6 of the Land Development Code.
,
The Champion Lakes RV Resort PUD is compatible with and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE.
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
The development of the Champion Lakes RV Resort PUD will result in an efficient and
economical extension of community facilities and services as required in Policy 3.1. of the
FLUE.
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The Champion Lakes RV Resort PUD is a large-scale, mixed-use community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code (LDC), Planned Unit Development'District.
The Champion Lakes RV Resort PUD is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be required
by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
All final local development orders for this Project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
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SHORT TITLE
This ordinance shall be known and cited as the "CHAMPION LAKES RV RESORT PLANNED
UNIT DEVELOPMENT ORDINANCE".
F:JOB\SMEI.PIJDF SMEI .A
SECTION 1
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
1.2
1.3
1.4
The purpose of this Section is to set forth the legal description and ownership of the
Champion Lakes RV Resort PUD, and to describe the existing condition of the property
proposed to be developed.
LEGAL DESCRIPTION
See attached Exhibit "B"
PROPERTY OWNERSHIP
See attached Exhibit "C"
GENERAL DESCRIPTION OF PROPERTY
A,
D,
E,
The Project site is located in Sections 11 and 14 & 15 Township 51 South, Range
26 East Collier County, Florida. The site is generally bordered on the West by
Pelican Lake and Silver Lakes RV PUDs; on the North by Quail Roost Mobile
Home Park; on the East by vacant agricultural land, and on the South by
Championship Drive and the Fiddler's Creek PUD.
The zoning classification of the subject property at the time of PUD application is
Mobile Home (MH) and RSF-1.
Elevations within the site are approximately 3.5' above MSL. Per FEMA Firm Map
Panel No. 120067 620 D, dated June 3, 1986, the Champion Lakes RV Resort
property is located within Zone "AE 7" of the FEMA flood insurance rate map.
Portions of the site have been altered through past and current agricultural uses;
however, the site does contain jurisdictional wetlands. An Environmental Impact
Statement (EIS) has been submitted, pursuant to Division 3.8 of the LDC.
The soil types on the site generally include fine quartz sands, including Malabar,
Oldsmar and Holopaw fine sands. This information was derived from the Soil
Survey of Collier County, Florida.
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The Champion Lakes RV Resort PUD contains a variety of vegetative communities,
including cropland and pastures, woodland pastures, pine flatwoods, and palmetto
prairies. A detailed vegetative inventory and map is included in the Environmental
Impact Statement attachment to the Application for PUD Rezoning packet.
The Project site is located within the Collier County Water Management District
U.S. 41 Outfall Basin No. 1.
1.5 DENSITY
A,
Acreage of the Champion Lakes RV Resort PUD is approximately 101+ acres and
the number of recreational vehicle units authorized to be built pursuant to this PUD
is a maximum of 300. The gross project density, therefore, will be a maximum of
2.97 units per acre.
At all times all property included within the Champion Lakes RV Resort PUD as
described in Section 1.2 shall be included in determining Project density.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
2.2
The purpose of this Section is to generally describe the plan of development for the
Champion Lakes RV Resort PUD, and to identity relationships to applicable County
ordinances, policies, and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Champion Lakes RV Resort will be developed as a mixed-use community,
which may feature a full array of recreational vehicle dwelling types, and a
recreation center, providing for activities such as community gatherings,
recreational amenities, convenience commercial uses and personnel services central
to community residents.
B,
The Master Plan is iljustrated graphically as Exhibit "A". A Land Use Summary
indicating approximate land use acreage is shown on the plan. The Master Plan is
conceptual, and the location, size, and configuration of individual tracts, including
preserves and water management facilities shall be determined at the time of Final
Site Development Plan and/or Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and
3.3 of the LDC.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A,
Regulations for development of the Champion Lakes RV Resort PUD shall be in
accordance with the contents of this PUD Ordinance and applicable sections of the
LDC (to the extent they are not inconsistent with this PUD Ordinance), and the
Growth Management Plan. Where this PUD Ordinance does not provide
developmental standards, then the provisions of the specific section of the LDC that
are otherwise applicable shall apply. Where specific standards are specified in this
PUD, these standards shall prevail over those in the LDC.
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2.4
7
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other sections of the Land Development Code remain in effect with
respect to the development of the land which comprises this PUD.
All conditions imposed herein or as represented on the Champion Lakes RV Resort
Master Plan are part of the regulations which govern the mariner in which the land
may be developed.
The Subdivisions Division of the LDC, Article 3, Division 3.2 shall apply to the
Champion Lakes RV Resort, except where an exemption or substitution is set forth
herein or otherwise granted pursuant to the 1,and Development Code, Section 3.2.4.
The Site Development Plans Division of the LDC Article 3, Division 3.3 shall apply
to the Champion Lakes RV Resort, except where an exemption is set forth herein or
otherwise granted pursuant to the Land Development Code, Section 3.3.4.
Recognizing that the plans for development of tracts have not been designated with
a specific dwelling unit type, the type of dwelling unit which characterizes the initial
development of any platted tract shall be carried out throughout the development of
that entire tract. However, tracts platted for the purpose of establishing prototypical
model homes shall be not be required to develop with a singular dwelling unit type.
ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the
LDC regulating subdivisions, unless otherwise modified, waived or excepted by this
PUD, or approved during Preliminary Subdivision Plat approval. The Developer
reserves the right to request substitutions to Code design standards in accordance
with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate by the
Developer on all privately owned and maintained Project roadways and roadways
built and/or maintained by the Champion Lakes RV Resort PUD.
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Roadways within the Champion Lakes RV Resort PUD shall be designed and
constructed in accordance with Section 3.2.8 of the LDC with the following
substitutions:
3.2.8.4.16. Streets and access improvements
1. Section 3.2.8.4.16.5, Street Right-of-Way Width
Street right-of-way width: The minimum right-of-way width to be utilized
for local streets and cui-de-sacs shall be forty (40) feet
2. Section 3.2.8.4.16.6, Dead-end Streets
Cul-de-sacs may exceed a length of one-thousand (1,000) feet.
3. Section 3.2.8.4.16.8, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum of
a twenty (20) foot radius (thce of curb) for all internal project streets and a
thirty-five (35) foot radius for intersections at project entrm~ces.
4. Section 3.2.8.4.16.10, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on
any project streets.
5. Section 3.2.8.3.17, Sidewalks, bike lanes and bike paths
1. Section 3.2.8.3.17.3
The primary project entry road and loop road system shall have a
minimum six tbot (6') wide pathway on one side of the street, or a
minimum 5 foot (5') wide pathway on both sides of the street, which
may meander in and out of the right-of-way. No sidewalk shall be
required for that portion of the project roadway com~ecting to S.R.
951 (Collier Boulevard).
,
1. Section 3.2.8.3.18.2.a., Streets and access improvements
The project roadway(s) extending west to S.R.951 (Collier
Boulevard) may be designed as a rural cross-section or modified
cross-section, subject to approval by the Collier County Planning
Services Director, or his designee.
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2.5 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced
with the administrative approval of the Collier County Planning Services Director. All
lakes greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Section 3.5.7.3.1. of the LDC. Removal of fill and rock from the
Champion Lakes RV Resort PUD shall be administratively permitted to an amount up to 10
percent per lake (20,000 cubic yards maximum total), unless issued a commercial
excavation permit.
2.6 USE OF RIGHTS-OF-WAY
Utilization of lands within all Project rights-of-way for landscaping, decorative entrance
ways, and signage shall be allowed subject to review and administrative approval by the
Developer and the Collier County Development Services Director for engineering and
safety considerations during the Development review process and prior to any installations.
2.7
MODEL HOMES/SALES CENTERS/SALES OFFICES/
CONSTRUCTION OFFICES
A. CONSTRUCTION OFFICES
A temporary use permit shall be granted initially for a period not to exceed 24
months in length and may be renewed annually based upon demonstration of
need pursuant to the requirements of Section 2.6.33.3. of the Collier County
Land Development Code (LDC).
This use may use septic tanks or holding tanks for waste disposal subject to
permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells.
Offices located in permanent structures shall be required to connect to the
central utility system at the time it becomes available.
B. MODEL HOMES, SALES CENTERS AND SALES OFFICES
Model homes, sales centers and sales offices shall be permitted principal uses
throughout the Champion Lakes RV Resort PUD.
2. Model homes shall be "wet" or "dry" facilities.
"Wet" facilities may be occupied by a sales office and/or
representative.
"Dry" facilities shall not be used as a sales office.
F:JOB\SMF, I,PIII)F ,";MI!I ,A
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,
,
Transportation to and from unoccupied model homes shall be provided
at a sales center, which also provides required parking and
handicapped accommodations in accordance with Section 2.6.33.2 of
the LDC.
Temporary use permits for model sales centers and sales offices that are
located in permanent structures other than dwelling units, and dry model
homes shall not be required.
Temporary use permits for model sales centers, model homes or sales offices
located in permanent structures within a dwelling unit shall be required.
a,
The temporary use permit shall be issued initially for a period of three
(3) years. Extensions in excess of this period shall require submittal
and approval of a conditional use petition in accordance with Section
2.7.4 of the Land Development Code, except where model homes are
located within a "model home row", in which case the Planning
Services Director may administratively extend the temporary use
permit on an annual basis tbr all of the model units, until such time as
the project lot sales reach 90% of the maximum permitted units.
Temporary use permits for a sales center in a temporary structure shall be
issued initially for a period of three (3) years and may be renewed annually
based upon demonstration of need.
A maximum of five (5) model homes/units shall be permitted within this
Development prior to final plat approval as permitted above.
Temporary use permits for a model sales center within an existing subdivision
shall require a site plan as follows: in the case of a permanent structure which
is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4 of the
LDC; in the case of a permanent structure which is other than a dwelling unit,
a Site Development Plan (SDP); in the case of a temporary structure (modular
unit or sales trailer), either a Conceptual Site Plan (CSP) which addresses the
requirements of Section 2.6.33.2 of the LDC, or a Site Improvement Plan,
depending on the extent of the work required.
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2.8
Temporary use permits for occupied (wet) model homes following subdivision
approval shall require a Conceptual Site Plan which addresses the
requirements of Section 2.6.33.2 of the LDC. Temporary use permits for
unoccupied model homes following subdivision approval shall require a
Conceptual Site Plan and shall be issued only in conjunction with an approved
Site Development Plan or Site Improvement Plan for a model sales center
which provides adequate parking to support the model(s).
These uses may use septic tanks or holding tanks for waste disposal subject to
permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells
prior to the availability of central utility systems at which time a connection to
the central system shall be made.
10.
All other applicable provisions of the Land Development Code pertaining to
Model Homes, Sales Centers, Sales Offices and Construction offices shall
apply.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or the PUD Master Plan as
provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein
may be made by the Developer in connection with any type of development or pertnit
application required by the LDC.
The Planning Services Director shall be authorized to approve minor changes and
refinements to the Champion Lakes RV Resort PUD Master Plan upon written request of
the Developer. The PUD Master Plan is a conceptual plan containing approximate acreage
of each land use. The actual acreage shall be determined at the time of preliminary
subdivision plat or site development approval, and shall be consistent with jurisdictional
agency determinations.
A. The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Champion Lakes RV Resort PUD
document.
The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
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2.9
The minor change or refinement shall be compatible with adjacent land uses
and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the PUD.
B. The following shall be deemed minor changes or refinements:
Reconfiguration of lakes, ponds, canals, preserve areas or other water
management facilities where such changes are consistent with the criteria of
the South Florida Water Management District or other applicable
jurisdictional permitting agency and Collier County.
Internal realignment of fights-of-way other than a relocation of access points
to the PUD, except where the access point is required by the appropriate
jurisdictional agency.
Recon~guration of recreational vehicle, water management and recreation
parcels when there is no net loss to areas identified as conservation or
preserve.
C,
Minor changes and refinements as described above shall be reviewed by the
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County ordinances and regulations prior
to the Planning Services Director's consideration for approval.
Approval by the Planning Services Director of a minor change or refinement may
occur independently from and prior to any application for Subdivision or Site
Development Plan approval; however, such approval shall not constitute an
authorization for development or implementation of the minor change or refinement
without first obtaining all other necessary County permits and approvals.
COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Developer or by a property owners'
association. For those areas not maintained by the Developer, the Developer will create a
property owners' association or associations, whose functions shall include provisions for
the perpetual maintenance of common facilities and open spaces. The Developer or the
property owners' association, as applicable, shall be responsible for the operation,
nmintenance, and management of the starface water and stormwater management systems
and reserves serving the Champion Lakes RV Resort PUD, in accordance with the
provisions of Section 2.2.20.3.8 of the Collier County Land Development Code together
with any applicable permits from the South Florida Water Management District.
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2.10
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Champion Lakes RV Resort. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
C,
Grassed berms 4:1
Ground covered berms
Perimeter 2:1
Intemal to project 3: 1
Rip-Rap berms 1: i with geotextile mat
Structural walled betins - vertical
Fence or wall maximum height: Eight feet (8'), as measured from the finished floor
elevation of the nearest habitable structure within the Development. If the fence or
wall is constructed on a landscaped herre, the wall shall not exceed six feet (6') in
height from the top ofberm elevation for berm elevations with an average side slope
of4:l or less, and shall not exceed six feet (6') in height from the top ofberm
elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1).
Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Champion Lakes RV Resort PUD boundary prior to preliminary subdivision
plat and site development plan submittal.
Fences and walls which are an integral part of security and access control structures
such as gate houses and control gates shall be subject to the height limitations for
principal residential structures. In the case of access control structures within rights-
of-way adjoining two or more different districts, the more restrictive height standard
shall apply.
Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, and utilities may be allowed in landscape buffers.
Landscape berms located within the Champion Lakes RV Resort PUD boundary
and contiguous to a property line and/or right-of-way line may be constructed such
that the toe of slope is located on the property line and/or right-of-way line.
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2.11 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Champion Lakes RV
Resort PUD. Fill material generated from other properties owned or leased by the
Developer may be transported and stockpiled within areas which have been
disturbed/farmed. Prior to stockpiling in these locations, the Developer shall notify the
County Community Development and Environmental Services Administrator. The
following standards shall apply:
Stockpile maximum side slope 2:i, if protected by a six foot (6') high fence,
otherwise a 4:1 side slope shall be required.
B. Stockpile maximum height: Thirty feet (30')
C,
Fill storage areas in excess of five feet (5') in height shall be located no closer than
three hundred feet (300') from any existing residential unit or residential unit under
construction.
D. Soil erosion control shall be provided in accordance with LDC, Division 3.7.
2.12 DESIGN GUIDELINES AND STANDARDS
A Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership or control,
as set tbrth in the LDC, Section 2.2.20.1.
The Champion Lakes RV Resort PUD is a planned community and will be
developed under unified control. The Developer will establish design guidelines
and standards to ensure a high and consistent level of quality for fixed recreational
vehicle units and related community features and facilities, which include features
and facilities such as landscaping, hardscapes, waterscapes, signage, lighting,
pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences,
walls, buffers, berms and other similar facilities.
2.13 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the Project may be
accomplished in phases to correspond with the planned development of the property.
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2.14
2.15
RESIDENCY RESTRICTIONS
Permanent occupancy of any resort home or recreational vehicle, whether by any property
owner or tenter, shall be prohibited within the Champion Lakes RV Resort PUD. For lots
or parcels sold to individuals, the Developer/owner shall be required to include in the title
transfer document a provision prohibiting permanent occupancy of any recreational vehicle
on the subject property. Nothing herein shall prohibit a recreational vehicle from being
permanently located on a lot or lots.
In addition to the uses permitted in Section 3.4 of the PUD, one single-family dwelling,
may be constructed within the Project, and may be permanently occupied by the
caretaker/manager of the Champion Lakes RV Resort PUD.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Champion Lakes RV
Resort PUD except in the Preserve. General permitted uses are those uses which generally
serve the Developer and residents of Champion Lakes RV Resort PUD and are typically
pan of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Caretaker/manager residence, which may be a permanent site-built structure
3. Water management facilities and related structures.
4. Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments. Fishing piers, community boat docks and similar structures
are perufitted within lake areas.
6. Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, boat docks and other recreational
facilities.
Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
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2.16
Landscape features including, but not limited to, landscape buffers, berms,
fences and walls, subject to the standards set forth in Section 2.11 of this
PUD.
10. Fill storage subject to the standards set forth in Section 2.12 of this PUD.
11.
Any other use which is comparable in nature with the foregoing uses and
which the Planning Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
Setback from back of curb or edge of pavement of any road - twelve feet
(12') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from PUD boundary: Fifteen feet (15')
3. Minimum distance between unrelated structures ~ Ten feet (10').
4. Maximum height of structures - Thirty-five feet (35')
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC in
effect at the time of Site Development Plan Approval.
OPEN SPACE REQUIREMENTS
The Collier County Land Development Code, Section 2.2.11, requires that recreational
vehicle projects maintain recreation open space based on 200 square feet per lot for the first
100 lots and 150 square feet per lot for each remaining lot. Based on this criteria, the
Champion Lakes RV Resort must provide a minimum of 50,000 square feet of
recreation/open space. The PUD Master Plan identifies a minimum of 20 acres of the
project area devoted to recreation/open space use. Consistent with Section 2.6.32.3 of the
Land Development Code, a minimum of 30 percent of the gross project area shall be
devoted to usable open space.
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F:JOB\SMEI ,PU!)F SMI!I ,A
2.17 NATIVE VEGETATION REQUIREMENTS
The subject property is located within that portion of Collier County, Florida known as the
"Deltona Settlement Agreement" area. In accordance with the Stipulation for Dismissal and
Settlement Agreement for the Deltona Corporation and the U.S. Army Corps of Engineers
Environmental Impact Statement, no on-site preservation of native vegetation is required by
Collier County.
2.18 SIGNAGE
A. GENERAL
All Collier County sign regulations, pursuant to LDC, Division 2.5,
SIGNS, in force at the time of sign permit application shall apply unless
such regulations are in conflict with the conditions set forth in this
Section, in which case the PUD Document shall govern.
2. All signs shall be located so as not to cause sight line obstructions.
All internal project rights-of-way may be utilized for decorative
landscaped entrance features and signage-subject to review and approval
from the Planning Services Department for consistency with the
requirements set forth herein.
a,
All project and Development signage adjacent to and/or visible
from any dedicated County right-of-way shall be developed in
accordance with the LDC, Division 2.5, SIGNS.
,
A maximum of two permanent signs, whether boundary marker or project
entrance signs, may be constructed along the S.R. 951 project frontage.
B. BOUNDARY MARKERS
One boundary marker or project identification monument sign may be
located at each property corner, adjacent a right-of-way or right-of-way
easement. The boundary marker may contain the name of the Project, the
insignia or motto of the Development and Project related information.
The sign face area may not exceed 60 square feet in area and may not
exceed the height or length of the monument upon which it is located. If
the sign is two-sided, each sign face may not exceed 60 square feet in area.
2-12 t~
F:JOB\SMEI ,PUDF
SMI!I ,A
Sign face square footage is calculated by total square footage of name,
insignia, and motto only.
The setback from any public right-of-way shall be 10 feet. No setback
shall be required from any other perimeter property line.
Boundary marker signage shall be ground-mounted and the sign structure
is limited to a maximum of 80 square feet.
C. ENTRANCE SIGNS
Two ground or wall-mounted entrance signs maybe located at each
entrance to the project within the PUD. Such signs may contain the name
of the subdivision and the insignia or motto of the Development.
No sign face area may exceed 60 square feet and the total sign face area of
entrance signs at each entrance may not exceed 120 square feet. If the sign
is a single, two-sided sign, each sign face may not exceed 60 square feet in
area. For three-sided signs, the third sign side may only face internal to the
subdivision and only the Project's name, motto or insignia may be
displayed. The sign face area shall not exceed the height or length of the
wall or monument upon which it is located.
The setback for the signs from the public right-of-way, and any perimeter
property line shall be 10 feet.
Entrance signs may not exceed a height of 8 feet above the finished
ground level of the sign site. For the purpose of this provision, finished
grade shall be considered to be no greater than the highest crown elevation
of the nearest road, unless the wall or monument is constructed on a
perimeter landscape berm, in which case the sign structure may not exceed
a height of 6 feet.
D. CONSTRUCTION ENTRANCE SIGNS
One sign, a maximum of 20 square feet in size, shall be permitted at each
construction entrance, to identify the entrance. The sign may also advertise
employment for construction trades. No building permit is required.
2-13
F:JOB\SMELPUDF S M I!I,A
E. INTERNAL SIGNS
Directional or identification signs may be allowed internal to the
Development. Such signs may be used to identify the location or direction
of approved uses such as, but not limited to models or model sales centers,
club house, or recreational areas. Individual signs may be a maximun~ of
8 square ti:et per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 24
square feet per side, and a maximum height of 8 feet. There shall be no
maximum number of permitted directional or identification signs.
,
Grand Opening signs: The Developer may display an on-site temporary
grand opening sign not exceeding 32 square feet on a side, and not
exceeding 64 square t~et total. The temporary sign shall be anchored and
may be displayed on-site for the first three months that the Project is open
for business.
F. TRAFFIC SIGNS
Traffic signs such as street signs, stop signs and speed limit signs may be
designed to reflect a common architectural theme. The placement and size
of the signs will be in accordance with Department of Transportation
criteria.
2.19 SIDEWALKS/BIKEPATHS
Pursuant to LDC, Section 3.2.8.3.17 and Section 2.5 of the Champion Lakes RV
Resort PUD, sidewalks/bikepaths shall be permitted as follows:
1. An internal pedestrian walkway system is permitted within drainage
easements.
Sidewalks may be located outside platted rights-of-way, when located
within a separate sidewalk easement.
Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment, at the point of encroachment.
F:JOB\SMEI ,PIIDI: SMEI,A
2.20 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with Section 3.2.7.2 of
the LDC.
2-15 i ~
F:JOB\SMELPUDF SMEI,A
SECTION III
RECREATIONAL VEHICLE USE
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Champion Lakes RV Resort designated on the Master Plan as "RV".
3.2 MAXIMUM DWELLING UNITS
A maximum of 300 recreational vehicles may be constructed/placed on lands designated
"RV," on the PUD Master Plan.
3.3 GENERAL DESCRIPTION
Areas designated as "RV," on the Master Plan are designed to accommodate a full range of
recreational vehicle types, general permitted uses as described by Section 2.15, a full range
of recreational facilities, essential services, and customary accessory uses.
The approximate acreage of the area designated as "RV", is indicated on the PUD Master
Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of
all development tracts will be provided at the time of Site Development Plan or Prelin~inary
Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively,
of the LDC. Recreational vehicle tracts are designed to accommodate internal roadways,
open spaces, emd other similar uses.
3.4 PERMITrED 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:
Recreational Vehicles - Class A motor coach or similar type recreational
vehicle.
Resort Homes not to exceed a maximum of 30% of the total permitted units
within the PUD.
,
Model Homes/Model Home Center including offices for project
administration, construction, sales m~d marketing.
3-1
F:jOB\SMEi~PUDF SMEI ,A
B,
Recreational facilities such as parks, playgrounds and
pedestrian/bikeways.
5. Parking and outdoor storage of recreational vehicles and related facilities.
Project signage, subject to Section 2.18 of the Champion Lakes RV Resort
PUD.
Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible.
Accessory Uses and Structures:
Accessory uses and structures customarily associated with principal uses
permitted in this District, including swimming pools, docks, piers, spas,
screen enclosures, RV ports, recreational facilities designed to serve the
Development, and essential services.
Screened-in porch, elevated or built at ground level, not to exceed an area
equal to that of the recreational vehicle to which it is attached. The
screened porch may include space for on-site utility/storage space; however,
said areas shall not cnntain ducts or facilities for the provision of heating and
cooling.
,
Storage/Utility building, not to exceed an area of one hundred (100) square
feet. Storage/utility buildings may be detached or attached to the principal
structure.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible
in the area identified as Residential on the PUD Master Plan.
Definitions:
Recreational Vehicles - All recreational vehicle types permitted within the
Champion Lakes PUD shall be as defined in Chapter 320.01, F.S.
Resort Homes - For purposes of this Section, a resort home is a single
family detached dwelling unit. Integral to the resort home is a covered
recreation vehicle port or enclosed garage designed to store the resident's
recreational vehicle.
3-2
F:JOB\SMEI J'IJDF SMEI ,A
3.5
DEVELOPMENT STANDARDS
A. Development standards for all types of permitted uses apply to individual
recreational vehicle lot boundaries.
B,
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the LDC in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
C,
Development standards for uses not specifically set forth in this PUD shall be in
accordance with those standards of the TTRVC Zoning District of the Collier
County Land Development Code.
The following development standards shall be applicable to the Champion Lakes
RV Resort PUD:
1. Minimum lot area: 2,800 square feet
2. Minimum lot width: Forty (40) feet (average)
,
Minimum yards: Principal Structures:
a. Front: Ten (10) feet
b. Rear: Five (5) feet
c. Side: Five (5) feet
d. PUD Boundary: Fifteen (15) feet
4. Maximum Height: Thirty-five (35) feet
,
Distance Between Structures: Ten (10) feet, except that no separation is
required between principal and accessory structures on the same lot.
3-3
F:JOB\SMEI,PUDF
SMEI.A
SECTION IV
RECREATION
4.1
4.2
4.3
PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within the Champion Lakes RV Resort PUD designated on the Master Plan as
"Recreation".
GENERAL DESCRIPTION
The approximate acreage of the Recreation areas are indicated on the Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreage of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively,
of the LDC. The Recreation Area is designed as a mixed use area which will accommodate
a variety of active recreational and personal services for the Champion Lakes RV Resort
residents and guests.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or pan, for other than the following:
Indoor or outdoor recreational facilities and structures such as pools, fitness
facilities, clubhouses, community buildings, playgrounds, playfields, walking trails
and tennis courts.
C4
A maximum of 15,000 square feet of gross building area may be utilized for a
variety of convenience commercial and personal service uses for owners and guests
of the Champion Lakes RV Resort PUD, including, but not limited to, sales offices,
delicatessen, convenience market, satellite banking, auto washing, postal station,
and beauty salon. Any other personal service facility of a similar nature to those
listed above shall be authorized by the Collier County Planning Services
Department Director. No signage acknowledging the presence of the convenience
commercial uses shall be visible from any public or private street external to the
PUD.
Vehicular/recreational vehicle parking and storage.
4-1
I::JOB\SMEI,PIJDF SMEI ,A
4.4
D. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this District, including parking facilities.
2. Propane filling station for resident use only.
3. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible.
DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Fifteen feet (15')
2. Side Yard: Ten feet (10').
3. Rear Yard: Fifteen feet (15').
4. Setback from a lake (or conservation area) for all principal and accessory
uses may be zero feet (0').
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar
architectural features, which shall be permitted up to forty (40) feet.
D. Minimum distance between principal structures - Ten feet (10') or greater if
required by local fire codes at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
F. Parking for uses and structures constructed in the Recreation Area: one (1) space
per 1,000 square feet of enclosed building area.
4-2 i i
F:JOB\SMELPUDF
SMEI,A
SECTION V
PRESERVE AREA
5.1
5.2
5.3
PURPOSE
The purpose of this Section is to identify the permitted uses and development standards for
the area within the Champion Lakes RV Resort PUD designated on the Master Plan as
Preserve.
GENERAL DESCRIPTION
Areas designated as Preserve Areas on the Master Plan are designed to accommodate
conservation, open space, landscape buffers, passive recreation and limited water
nmnagement uses and functions. The approximate acreage of the Preserve Areas is
indicated on the Master Plan. This acreage is based on conceptual designs and is
approximate. The actual acreage and location of Preserve Areas will be provided at the
time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance
with Division 3.3, and Division 3.2 respectively, of the LDC, and shall be based in part on
jurisdictional agency requirements.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Boardwalks, landscape buffers, nature trails, shelters.
Water management facilities, with approval by Collier County
Environmental and Engineering Review Services.
3. Signage, subject to Section 2.18 of Champion Lakes RV Resort PUD.
Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Planning
Services Director determines to be compatible in the Preserve Area.
5-1 I~
F:JOB\SMELPIJDF
SMI.:I ,A
5.4
DEVELOPMENT STANDARDS
A. Minimum Yard Requirements
1. From PUD or tract boundary:
2. From Lake/Preserve:
Maximum Height of Structures:
Ten Feet (10')
Zero Feet (0')
Twenty-five Feet (25')
F:JOB\SMEI ,PIIDF
5-2
SMEI ,A
6.1
6.2
6.3
6.4
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the development commitments for the
Champion Lakes RV Resort Project.
PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site development
plans, final subdivision plans and all applicable State and local laws, codes and
regulations except where specifically noted.
B. The PUD Master Plan (Exhibit A) is an iljustration of the conceptual development
plan. Tracts and boundaries shown on the plan are conceptual and shall not be
considered final. Actual tract boundaries shall be determined at the time of
preliminary/final subdivision plat or site development plan approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all utilities.
ENGINEERING
A. Except as noted herein, all Project development will occur consistent with
Division 3.2 and 3.3 of the LDC.
UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the Project by the Developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to the
Collier County Land Development Code, as amended, except as may be provided
in Section 2.20 of this Document.
Upon completion of the utility facilities, they shall be tested to ensure they meet
Collier County's utility construction requirements in effect at the time
construction plans are approved.
6-1
F:JOB\SMELPUDF SMELA
All customers connecting to the potable water and sanitary sewer system shall be
customers of the County, except as may be provided in Section 2.20 of this
Document.
6.5 WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District,
this Project shall be designed for a storm event of a 3-day duration and 25-year
return frequency.
An Excavation Permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County LDC. All lake dimensions will be approved at
the time of excavation permit approval.
The Champion Lakes RV Resort conceptual surface water management system is
described in the Surface Water Management and Utilities Report which has been
included in the PUD Rezone application materials.
6.6 ENVIRONMENTAL
Wetland buffers shall be provided in accordance with Army Corps of Engineers
and South Florida Water Management District Rules.
An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval. A schedule for exotic vegetation removal within
all conservation/preservation areas shall be submitted with the above-mentioned
plan.
A non-exclusive conservation easement or tract shall be established on the plat for
agency jurisdictional wetland areas within the designated Preserve Area on the
PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County
Land Development Code.
F :JOB\SMELPU DF S M I:' I. A
6.7 TRANSPORTATION
Access to the Champion Lakes RV Resort PUD shall be permitted via an
extension of Championship Drive. Said extended roadway shall be surfaced with
dustless material prior to commencement of site work.
That portion of the Champion Lakes PUD lying between Silver Lake PUD and
Pelican Lake PUD shall not be improved for roadway purposes, unless required
by Collier County.
6-3
F:JOB\SMELPUDF SMEI.A
G:\DWGS\SMELA\SMELSITS-DWG, Model, 03/30/00 09:47:22 AM
qUAIL ROOST
MOBII~ HOME
· '= ..... ' , PARK
BASIN 1
LAKE
.~i 8.35 ACRES
PUD .~
II
II
II
II
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s RV
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PUD
el
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BASIN 2
RV
LAKE
1130 ACRE
LAKE
3.67 ACRES
UNPIai TTED
AGRICULTURE
<
RV
RV
lAND Ugut qIIMMARY
RECREATIONAL-~c. HICLE AREA 58,4,8+ ACRES
RECREATION AREA 3.26:i: AC~ES
ROAD EASEMENT 0.26+ ACRES
TOTAL 101.15:1: AC~ES
FIDDI, ER" S CREEK
PUD
ZX)CAT~D ~ SECTION 11. 14 i 15 , TOWNSHG:~ 51 SOUTH, ~GE 28 ~T, CO~R CO~,
~ A ~~~G~" ~ ~" P~
CHAMPION LAKES RV RESORT
PUD MAS~R PLAN ~ ~: (HI) H?-11" l~: (~t) 94~-~6
Rev. D~te Deecriptlen
By
EXHIBIT B
Legal Description
A/-'ARCLZ 0t: LAND L Y/NO/N I//E SOUFIlW/_"ST QUARTER 0/: SECtiON 11 AND
[tie NOf~I/-/WEST QUARTER OF SECtiON 14, TOWNS/LIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BE/NO MO/?E PARFICULARLY DESCRIBED AS
FOLZOWS.'
BEGIN A7 file SOUFI;WESI' CORNER OF SECtiON 11, TOWNSHIP 51 SOUTH,
RANGE 26 [:'ASiS, COLLIfR COUNTY, FLOt?IDA, THENCE RUN N 01'59'36" E,
AZ ON(,' THE WEST LINE OF file SOUFI/WES[ QUARTER OF SAID SECtiON 11, FOR
A D/STANCE' OF 976. J9 FEET,,. ]HENCE RUN S 88'12'57" E FOR A O/STANCE
OF 44000 FEET,- FI-/ENCE RUN S 01"59'36" W FOR A D/STANCE OF 101.
FEEl: IHENCF RUN N 88"04'09" W FOR A D/STANCE OF 40 O0 FEEl,,' FI-tENCE
RUN S 01'59'j{6' W FOR A DIS'TANG[ OF lOX,,{l FEET,' THENCE RUN
S 8b'"04'09" E/-OR A D/..S'TANCE OF 52Z..fO FEET fD A PO/N1 ON A CIRCULAR
CURVE CONCA LIE TO THE SOUTHEAST,, WHOSE RADIUS POINT BEARS S 88'14'17" E,
A D/STANCE 0/-' 14000 FEET FI/Ef?EFROM, ~/ENCE RUN NORTHEASTERLY,
ALO/VC tile ARC OF SAID CURVE TO fE/E R/CttT, HAVING A RADIUS OF 14000
FEET, IHROUC/t A CE/VTRAL ANGLE OF g0'02'55': SUBTENDED BY A CHORD OF
19807 FEET AT A BEAR/NO OF N 46"45'J5" E, fOR AN ARC LENGTH OF
22(:Z0`9 FEET TO fEtE END 0/: SAID CURVE,' ti-lL'NCE RUN S 88'12'57" E FOR A
D/STANCE OF 509.92 FEET TO A POINT 5000 FEET WEST OF THE' WEST L/RE
OF THt-' SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECtiON
11,' FIYENCE RUN S 0t'4,]'55" W, 5000 WESTERLY OF AND PARALLEL TO THE
WEST L/RE OF rite SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF SAID
SECtiON 11, FOR A D/STANCE OF 910.86 FEET TO A POINT ON THE THE
NORTH LINE OF THE NORTHWEST QUARTER OF SECtiON 14, TOWNSHIP 51
S'OU~¢, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,' THENCE/?UN
S 88'04'09" [, ALONG THE NORTH LINE OF fife NORFI-IWEST QUARTER OF SAID
St:OriON t4, FOR A D/STANCE OF 69052 FEET TO THE NORTHEAST CORNER
Of' THE WEST ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECtiON 14; THENCE RUN S 00'02'42" W, ALONG file EAST
LINE OF THE WEST ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECtiON 14, FOR A D/STANCE OF 1,]90,05 FEET TO FI-tE
SOUrlYEAST CORNER OF ~E WEST ONE HALF OF ti-lE NORTHFAST QUAf2TER OF
/tIE NORFI/WES7 QUARTER OF SAID SECtiON 14; THENCE RUN N 88'18'51" W,
ALONG tile SOUl;z/t/NE OF' rite NORTH ONE HALf' OF rite NORFI-/WESf QUARTER
Of SAID SECtiON 14, FOR A D/STANCE OF 207Z08 FEET TO THE SOUTHWEST
CORNER OF FI-tE WEST ONE HALF Of' THE NORTHWEST OUARTER OF THE
NORTHWEST QUARTER OF SAID SECtiON 14,' THENCE RUN N 00'17'22" E,
ALONG THE WEST LINE OF THE NOt?THWEST OUARTER OF SAID SECtiON 14,
FOR A DISTANCE OF 1198.75 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND DESCRIBED HERE/N, CONTAININGGO 94.728 ACRES MORE
L ES'S.
AND
KR[ SSE PARCEL
A f-'AN(,'tzi Of LANL) L Y/NO/N I/tL NOA~I//EAST OUAA'FI::/~ OF' S/:.C~ON 15,
70WNS'///P .5! .S'OUFI/, RANGE 26 L,45'f, CO/LI£'R CO(/NFY, FLORIDA,
LII7NC MORE
C'OMMkNC'E AT THE NORTHEAST CORNER OF S~'C'FION 15, TOWNSHIP 51 SOUTH,
RANGE 26' EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 007722" W
ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECtiON 15, FOR A
D/STANCE OF 220.0~ FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HERFIN DESCRIBED,. T/-/ENCE COA/T/NUE S 00'17'22" W ALONG SAID EAST
LINE OF 7HE NOfaTHEAST OUARTER OF SECtiON 15,/-'OR A D/STANCE OF 78.70
/:Z-E[,* THETVCE RUN N 89'00'24" W FOR A D/STANCE OF 2/,99. 15 FEET,.
T/-//ENC/-' RUN N 89'41'29" W FOR A D/STANCE OF 125092 FEET [0 A POINT
ON ~'F FAS'TERL Y R/C/-tT OF WAY LINE OF LS'LE OF CAP/?/ROAD (S.R. 951),.
//ILNCL /¢(/N N 02"lS'Oj" E At ONC FIA/D I:ASTERZ Y RI(2ttl OF WAY LINE 0t:'
I5'ZL 0,~ C'APR/ ROAD (S.R. 951) FOR A DI5'[ANCf: Ot: b'b'.45 FEE/; I;'/ENC[
RUN 5' 89",.~1'`92" E FOR A D/STANCE OF 1248.37 FEEl:,' FIW:'NCE RUN
S 89'17'51" E FOR A O/STANCE OF 2,7`99.17 FEET TO THE P,~,NT OF BEGINNING
OF THE PARCEL OF LAND HERE/N OESCt?IBED, CONTAINING 6. ~12ll ACRES MORE
Or'? LESS.
EXHIBIT C
PROPERTY OWNERSHIP
1. Warranty Deed-
Glassell-Wood Partnership, Ltd., to Raymond James Smela,
October 4, 1999
2. Warranty Deed-
William B. Stone to Raymond James Smela, September 10,
1999
3. Warranty Deed-
William B. Stone to Raymond James Smela, September 10,
1999
4. Sale Agreement- Stackpole to Smela, March 5, 1999
5. Sale Agreement- Kresse to Smela (Dolphin Mgt., Inc.), November 22, 1999
THIS INSTRUMENT PREPARED BY:
1400 North 15th S~eet, Suitc
Immokalee, Florida 34142
Parcel ID # 0074 1560003
2543656 OR: 2601 2202
IllCOllOID In 01lieIll, !lie01111 0t 10LLill C00111, IL
1O/ltlllt! it 07:SgAI 011I~'il I. ii0Cl, Cllll
COIl Z25010.OI
BIt 111 10.50
OOC-./O
let, u:
OilIll IAIIIOl) IT
121 llrll AVi I 1281
Ii~LI8 IL ]tl0Z
SPECIAL WARRANTY DEED_
THiS SPACE FOR R~'CORDING DATA
THIS DEED, made this/7/_7~ day of October,
1999, between GLASSELL-WOOD
PARTNERSHIP, LTD., a Texas Limited Partnership, whose address is 943 Southfield Road,
Schrevepon, Louisiana 71106, hereinafier called the "Grantor", and RAYMOND JAMES SMELA,
whose address is 152 Robinson SWeet, Oakville, Ontario, Canada L63r6K8, hcreinafier called the
*'Grantee";
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS AND
OTHER GOOD AND VALUABLE CONSIDERATIONS, in hand paid by the Grantee, the receipt
of which is hereby acknowledged, has by these presents granted, bargained, and sold to the Grantee,
their heirs, and assigns forever, the following described land, situate, and being in the County of
Collier, State of Florida, to-wit:
The West ~ of the 'East ~A of the Northwest I/4 of the Northwest 1/4, and thc West
~ of the Northwest 1/4 of the Northwest 1/4 of Section 14, Township 51 South,
Range 26 East, of the Public Records of Collier County, Florida (the "Property").
Together with an cascmcnt for the benefit of the Property as crcatcd by Deeds
recorded in O.R. Book 177, Page 758, O.R. Book 177, Page 766, O.R. Book 234,
Page 383, and O.R. Book 234, Page 869, of the Public Records of Collier County,
Florida, for roadway purposes over and acwss the land described as follows:
A strip of land lying sixty feet in width lying thirty feet on each side of the line
common to the North half of the North half, and the South half of the North halfof
Section 15, Township 51 South, Range 26 East. Collier County, Florida, extending
from State Road S-951 Easterly to the East boundary line of said Section.
Subject to any casements, restrictions, reservations or other limitations of record, and
to taxes for the current year.
TO HAVE AND TO HOLD the same unto the Grantee in fee simple forever.
*** OR: """ '='° :'
,.uu, PG***
,
AND THE GRANTOR DOES HEREBY COVENANT with the Grantee, except as
above-noted, that, at the time of the delivery of this Deed, the premises were free from all
encumbrances made by Grantor, and that Grantor will warrant and defend the same against the
lawful claims and demands of all persons claiminS by, through, or under Grantor, but against none
other.
IN WITNESS WHEREOF, the Grantor described herein has signed this Deed on the day
and year first above written.
Signed and delivered in the presence of:
(sip)
(Print)
(Sign)
(Print)
Glassell-Wood Partnership, Ltd.,
a Texas Limited Partnership
STATE OF LOUISIANA }
}
PARISH OF CADDO }
The foregoing instrument was acknowledged before me this ~' of October, 1999 by J.
Beechef Wood, as Manager of G!asseli-Wood Family, L.C., who is personally known to me or
who has produced Florida Driver's License No. . as identification. He
acknowledged that he executed this instrument on behalf ofthe Grantor for the purposes expressed
herein.
C:'~L.d~)eed~%Speeial.wd~GluaelI.SmclLwlxl
NOTARY PUBLIC
Print Name: ~/'~4. ~, g~__~<._~_ .....
MARTHA A, GAMI=ILE, NOTARY PUBLI'e~' ":-
CADDO PARISH, LOUISIANA." ""'.. 7"" ',
MY COMMISSION !$ FOR Ll~-E '-'.,' :-- :
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I
A tract o~ land lying in the Southwest 1/4 o~ Section 11, Township
East, Collier County, Florida, being more particularly described as ~ollows:
From the Southwest corner o~ said Section 11 go South ee.04'09" Rast along the South
line o~ said Section 11, a distance of 695.59 feet to the Point of Beginning~ thence
continue South 88°04'09' East 735.00 feet~ thence North 01°44'14" East 910.75 Zest;
thence ~or~h 88e12'57' west 509.e9 ~eet~ thence Sou~hwesterl~ along a curve to the le~
having a radius o~ 140.00 Zee~ for 220.03 ~eet; thence South 01~44'14
~eet; thence North 88e04'09~ wes~ 35.00 feet~ thence South 01644'14'
to the Point of Beginning, LESS the East 50 ~eet thereof for the right-of-way oZ Roos~
Road.
~ ~rac~ of land lyin~ In the West 1/2 oZ the Southwes~ 1/4 o~ section 11, Township 51
South, Range 26 East. Collier County, Florida, being more particularly described as
follows:
Beginning at the Southwest comer of said Section 11, go North 01aS9'36" East, 977.11
feet; thence South 88'12'57" East 440 feet/thence South 01°~9'36" West, 101.13 feet;
thence North 88~04'09" West 40.00 feet; thence South 01o59'36" WeSt, ~67.17 feeCx
thence South 88~04'09" East, 329.21 fee~; thence South 01°44'14 West, 100 feet; ~hence
North 88°04'09" West 3~.00 feet; thence South 01e44'14~ West, 210.00 feet; thence NOrth
88e04'0~" west, 695.50 feet to the Point of Beginning.
EXHIBIT "A"
;""' i199i 2:5?FM
This Illalfilmmml wll Ilre, parld ~y:
Lima a. Berneta
ell F:LIPh Avenue sout;h
Suite 201
Naples, Flo~Xda 34X02
CHEFFY A}ID PASSIDOMO
COIl ZlS0tO.GO
!1~ 111 15.iO
OOC-.TO ISO5.QO
!eta:
Cal,! PlllliOim IT &t
Ill !IIVI lVl !
lABIa R ]tlt2
I'arceliDNumber; 00736880109 and 00736880206
Warranty Deed
This Indenture, Made this 10th dayof September ,1999 ^D-, Between
William D. Stone, Zndtvidually and as Trustee of the William B. Stone
Trust Agreement dated October 21, 1981, as amended and restated UAD
May 10, 1997
of the Co~n~ or Cell ier , s~, or Florida , grantor, ,nd
Raymond James Smelt
wbos ~d,m b: 152 Robinson Street, 0skyills, Ontario, Canada LGJ 6K8
oru~ City of Oekville ,Country of Ontario, Canada ,grantee.
Withesseth that Ihc GKANI'OR. for and in ccms~leqtion ofthc Sum of
........................ TEN DOLLARS (~103 ....................... DOLLARS,
lad omer legal and valuable consideration m GKANTOR in hIM paid by GRANTnp, the receipt whereof is hereby acknowledged. has
granted0 bargalled lad sold m the slid GRANTEE and GRANTfrE'S heirs. successon and assigns forever. the followinE described land, situate.
lyinJ ned being in I~ Caunly or COlli er State of Florlda .~ wit:
See attached Exhibit "A" which is incorporated herein by reference.
TOGETHER with all the tenements, heredttaments and appurtenances
thereto belonging or in anFwise appertaining.
TO HAVE A~D TO HOLD, the same in fee simple forever.
GRANTOR hereby covenants with said Grantee that the Grantor As
lawfully seized of said land An Tee simple; that the Grantor has good
right and lawful authority to sell and oonvey said land: and that
said land is free-of all encumbrances, except taxes for the current
and subsequent years, zoning and use restrictions imposed by
governmental euthorlty, restrictions and easements comon to the
subdivision, and outstanding oil, gas and mineral interests of
record, i f any.
Grantor represents and warrants that the Property is not his Florida
homestead; that neither he nor his family reside at the above
described Propert or o adjacent property; end that he, in fact,
qed d.: I~ranmr dnc~ hereby (lilly wattant II)e lilJc h~ liaNJ laml, and well deP;nd Ihc iante aBuinkl hwhil clsinlf, at' Ill pCfl~.$ whOlll$oCvq;I
~;i'.'. 5. !999 2:577M CHEFFY ~.ND PASSIDOMO
Warranty Deed. ,., 2
PzrcelJDNumber: 00736880109 and 00736880206
7218 P. 5 9
Pu: x064
In Witness Whereof, e, s,an~of hu he,,,n~o ,t 1. hind sad sul the day .~
518ncdt shied and delivered in our pr.ence:
Willi~ B. S~one, Individually and as
Trustee of the willi~ B.
~l~~~ Agreement da~ed Octobe~ 21, 1981, as ~endad
~ ~ PO. Add,,: hll Office Boa:]43. Ns~ ~o~d0 141~-134~
Witness
STATE OF Florida
COUNTY OF Collier
The foxeloin2 inStrVmenl wis gknowlxlSed b;fon~ s ~is 10th day of Baptist ,19 99
Willt~ B. 8tone, Individually and as T~stee o~ the Willi~ B. Stone
Trust Agre~sn~ dmted October 21, 1981, as ~ended ud restated U~
Nay lg, 1997
as idcnliGca[ion.
Woter~ P~l~c
~y ~ommin~n
by
~..I~:t~F.~P"'m~ CCSsSSTs
SHE- STO
Tbb mereroe we prepireS
83~ tilth Avenue Oouth
~sples, ~loFide 34~02
CHEFFY A~ID FASS I DOMO
hredlDNumber; 00736860109 and 00736880206
Warranty Deed
Thblndenture, Madc~is 10th ~yof September ,1999 A.D.. Between
William B. Stone, Individually and as Trustee of the William B. Stone
Trust Agreement dated October 21, 1961, as amended and restated UAD
May 10, 1997
oftheCoupi~of Collier , saeof Florida ,grsnto~
Raymond James Smell
whoac&ddessis: 152 Robinson 8treet, Oakvilla, Ontario, Canada L6J 6K6
oft he City of Oakvilla , Country of Ontario, Canada ,grantee.
Withesseth that ihe GRANTOR. for and in Consideration of the sum of
........................ Tgff DOLLARS ($103 ....................... DOLLAI~,
end oxher good and valuable considendon xo GRANTOK in hand I~id by OKANTEE, the Rccipx whereof is hereby ackpowledgcd. has
grenlcd. bargained lad sold to the said GRANTBE end 0RANTEE'~: haiti. sucCeSsors and assigns forever. Ihc following described land. siNetc.
tying and bcing in the Count/of CO 11 :L · r Slain of F 1 or ida m wil:
See attached Exhibit ",%" which ls inoor~orated hereln by ragefence.
TOGETHER with all the tenements, heredttament$ and appurtenances
thereto belonging or in anywise appertainSag.
TO HAVE AND TO BOLD, the same in fee simple {orevet.
GRAItTOR hereby covenants with said Grantee that the Grantor is
lawfully seized of said land in fee simple~ that the Grantor has good
right and lawful author~t~ to sell and oonvey said land; and that
said land is free of all encumbrances, except taxes for the current
and subsequent years, zoning and use restrictions imposed by
governmental authority, restrictions and easements common to the
subdivision, outstanding oil, gas and mineral interests o~ record, i~
any, and subject to those certain Declarations o~ Condondnium
recorded in O~icial Records Book 980, page 1647 and Official Records
Book 1140, page 1081, oZ the Public Records o~ Collier County,
Florida, but this ragefence shall not be interpreted to impose or
create any rights or obligations.
Grantor represents and war[ante that the Property As not his Florida
homeetead~ that neither he nor his tamily reside at the above
does reside' at~ ~ or ,
end the gelnine does hereby [tally wan'eat the ~itlc m said lame. anti will del~nd the lame against lawful ClUeIllS (la' ell persons
E,:.'.'. ~. '.~9~ 3:03Phi CHEHY AND PASSIDOMO
Warranty Deed -p.,, 2
Psrce|lDNumber: 00736680109 and 00136sa0206
218 P. 8 9
B)67
Sline~, sealed and delivered in our presence:
Wlll~ B. Stone, Individually and ms
Trustee o~ the Willi~ ~. Stone Trust
ASreement d~ted October 21, 1981, as ~ended
and restated U~ ~y lS,
~$ t~a 8 8 ~ . P.O. A~mSl: ~Sll O~ce hi 1343, NspIx~ ~oddl
Witness
STATE OF Florida
COUNTY OF Collier
The Io~Soias ,~mmen| we, seanow|salad before ms ,his 10th day of emptier ,19 99
Willi~ B. Stone, Individually and as Trustee of the willi~ B, Stone
Trust Agre~ent dated October 21, 1981, as ~ended and restated U~
May 19, 1997
el identification. ~~
Notary P~lic
My Co~issio. Expires:
b),
"" ' 1'~99 ~:~3PM CHEFFY MID PASSIDOMO
N0.7216 P. 9 9
*" OR: 2591 PG: 1068
A tract of land known as LAKE B. lying in the We,t ',~ of the Southwest l/4 of Section i l, Townshmp 51 South,
Range 26 East. Coil,at County, FL., being mote patliculatly described as follows: From the SW comer of said
Sect,on l i go aouth 88 04'09" East along the South line ofsa|d Section l I . d,stance of 400.00 feet: thence Noah
OI 5915" East ! 10.O0 feet to the point of begtiming: thence contmue North OI 59'36" Bast 458.85 feet; thence
South !lg 04'09" East 327.16 feet; thence South 01 44'14" Well 458.85 Feet; thence North 88 04'09" Welt 329.21
Feet to the Point of Beginning, comprising 3.457 Acres. mote Or less.
F:~WrlX3C~II~MII.~IiC~ION. 14'~TONE~LEQAL. LAK
I
Exhibit "A"
SALE AGREEMENT
VACANT LAND-NO MORTGAGE
This Agreement is between Robert Stackpole and Emestine Stackpole, with a notice address of
(the "Seller"),
and Ray H. Smela, with a notice address in care of John M. Passidomo, Cheffy, Passidomo, Wilson
& Johnson, LLP, Suite 201,821 Fifth Avenue South, Naples, Florida 34102 (the "Buyer"). The
"Effective Date" is the date Seller accepts this Agreement. The terms and conditions of the
Agreement follow.
1. Sale of Land. The Seller agrees to sell and Buyer agrees to buy good and marketable t/tie to all
Seller's fight, title and interest in and to the vacant land in Collier County, Florida, described in the
Schedule "Land" attached' as a part hereof.
2. Purchase Price.
2.1. Purchase Price. The purchase price for the Land is ....
'" subject to the following siavey adjustment fo/"~ei acres.
2.2. No Survey..4djustment. The Buyer may obtain a correct plat of boundary survey of the
Land which shows (1) the gross acreage of the Land and (2) the acreage of all parts of the
Land burdened by public roads and public or private easements within the perimeter
boundaries of the Land. The survey may subtract the burdened acreage from the gross
acreage so as to determine the net acreage. If the plat of survey shows the net acreage of the
Land to contain more or less than thirty-three (33) acres, the purchase price stated above will
not be adjusted.
2.3. Earnest Money Deposits.
2.3.1. First Deposit. The sum of One Thousand Dollars ($1,000) by check (an
"Earnest Money Deposit") is deposited as earnest money with Cheffy, Passidomo,
Wilson, & Johnson, LLP, Suite 201,821 Fifth Avenue South, Naples, Florida 34102
(the "Escrow Agent").
2.3.2. Second Deposit. The sum of Fourteen Thousand Dollars ($14,000) by check
(an "Earnest Money Deposit") will be deposited as earnest money with Cheffy,
Passidomo, Wilson, & Johnson, LLP, Suite 201,821 Fifth Avenue South, Naples,
Florida 34102 (the "Escrow Agent") on or before 120 days after the Effective Date.
2.3.3./lccount. Escrow Agent will hold the Earnest Money Deposit(s) in a fiduciary
capacity in an interest bearing, insured account in Naples, Florida. The lawyers of
Cheffy, Passidomo, Wilson, & Johnson, LLP, may continue to represent Buyer
aSchedule "Land" description
-1-
without claim of conflict of interest, or loss of attorney-client privilege. All interest
earned belongs to Buyer.
2.4. Payments at Closing. On the Closing Date, Buyer will cause Escrow Agent to pay the
Earnest Money Deposit(s) to Seller by a Cashier's Check fi'om a Florida bank, or by a wire
transfer, and Buyer will pay to Seller the balance of the purchase price, subject to prorations
and adjustments, by a Cashier's Check from a Florida bank, or by a wire transfer. On the
Closing Date Escrow Agent will deliver the interest on the Earnest Money Deposit(s) to
Buyer.
2.5. If No Closing Occurs.
2.5.1. Buyer Duties. If Buyer terminates Buyer's duty to close, Buyer will pay all
potential lien claimants for work and services done for Buyer, and deliver to Seller
an af~davi.t that all potential lien claimants for work and services done for Buyer
have been paid in full, assign ownership of all re errs, surveys, studies, documents,
and other due diligence materials to Seller, an~eliver.~a copy' of each doeumeni
reeei~l~d to Seller.
2.5.2. Eserow/lgent Duties. If Buyer terminates Buyer's duty to close, Escrow Agent
will deliver the interest to Buyer, and the Deposit(s) as directed in writing by Buyer
and Seller. Without a written direction Escrow Agent may continue to hold the
Deposit(s), or pay the funds into the registry of the Circu/t Court, or pay the
Deposit(s) as directed by the Court. A party wil! indemnify Escrow Agent against all
costs, losses, claims, damages, liabilities and expenses, including reasonable attomey
and paralegal fees for trials and appeals, incurred by Escrow Agent and caused by
that party, unless also caused by the willful default or gross negligence of Escrow
Agent.
3. Title.
3.1. Abstract. Within 25 days after the Effective Date Seller will deliver to Buyer a complete
Abstract of title certified through the Effective Date which shows Seller has good and
marketable title. The Abstract must show legal access (without cost) of at least 30' width to
the Land from SR951, and fee simple title to all the Land, in Seller, but subject to the
Approved Title Exceptions described in Schedule "Approved Tl~e Exceptions" attachedz
as a part hereof. Title to the Abstract does not pass to Buyer until closing occurs. Within 20
days after receipt of the Abstract Buyer will give notice to Seller of all Buyer's objections,
other than the Approved Title Exceptions, to Seller's title and access to the Land, or Buyer
waives objection to all facts and matters shown by the Abstract.
: Schedule "Approved Title Exceptions"
-2-
4:
3.2. Survey. Within 100 days after the Effective Date Buyer must obtain a boundary survey
of the Land which is certified [o Seller and Buyer. The survey will show the gross and net
acres. Within 15 days after receipt of the survey Buyer will give notice to Seller of all
Buycr's objections to Scller's title and access to the Land, other than the Approvcd Title
Exceptions, for any encumbrance, encroachment, projection, or other fact or matter shown
in the survey, or Buyer waives objection to all facts and matters which would bc shown by
a survey, and the purchase price stated in §2.1 will not be adjustcd.
3.3. Title Objections. Seller has 30 days after receipt of Buyer's notice to correct any defect
in access, or title, or both, objected to by Buyer and will make a good faith and diligent effort
to correct all defects. If Seller is unable to correct all defects within that 30 day period, Buyer
will (within 10 days thereafter) give Seller notice that (1) Buyer waives al.l defects, and will
close on the Closing Date without reduction of the purchase price, or (2) Buyer terminates
the duties to buy under this Sale Agreement. Upon such termination, Buyer will receive a
refund of the Eames..t Money Deposit(s) and all interest earned. If Buyer does not give Seller
notice within those 10 days, Buyer waives all defects, and closing will take place on the
Closing Date without a reduction of the Purchase Price.
3.4. Gap Check. Within 2 days before closing Buyer will update the abstract and survey to
determine if the stares of the title has changed. If any defect appears in the gap of time
between the Abstract providexl by Seller, and the survey made by Buyer, and closing, Buyer
will give notice to Seller of all Buyer's objections, or Buyer waives objection to all facts and
matters which would be shown by an updated survey and abstract. If Seller is unable to
correct all new defects within l0 days after the receipt of notice, Buyer will (within l0 days
thereafter) give Seller notice that (1) Buyer waives 'all defects and will close without
reduction of the purchase price, or (2) Buyer terminates this Sale Agreement. Upon such
termination, Buyer will receive a refund of the Earnest Money Deposit(s) and all interest
earned. If Buyer does n, ot give Seller notice within those l0 days, Buyer waives all defects,
and closing will take place without a reduction of the Purchase Price within l0 days
thereafter.
Land Condition and Zoning.
4.1. Land Condition.
4.1.1. Seller Disclosures. Seller discloses the Land is vacant and unimproved.
4.1.2. Buyer Inspections. Seller agrees that Buyer and Buyer's agents will be
permitted for a period ending on the date 120 days after the Effective Date to enter
upon the Land during business hours, at Buyer's sole cost and expense, (1) for the
purpose of inspecting the Land to determine if it is flee of hazardous materials and/or
suitable for Buyer's needs, and (2) to make such non-destructive physical inspections
or tests as Buyer may elect to make or obtain, including but not limited to soil, water,
engineering, and environmental tests.
-3-
Buyer agrees to indemnify and hold Seller harmless from and against all claims for
the costs of inspcction~ and tests conducted by Buyer or Buyer's agents, and from all
construction liens, claims, causes of action, lawsuits, damages, liabilities, losses,
costs and expenses (including, without limitation, attorney and paralegal fees) arising
out of all work by, or entries by, Buyer or Buyer's agents. The provisions of this
paragraph shall survive the termination of this Sale Agreement or the Closing. Seller
does not require Buyer to make these tests or enter the Land, and Buyer makes them
at Buyer's election and sole expense.
If Buyer determines during the 120 day period that Buyer does not desire to purchase
the Land, Buyer may terminate Buyers duties to purchase by notice to Seller and the
Escrow Agent. Upon receipt of such notice the Escrow Agent will pay the sum of
Two Hundred Fifty Dollars ($250.00) to Seller as a cancellation price and alternative
performance, and the Escrow Agent will pay the balance of the Earnest Money
Deposit(s) and all interest earned to Buyer. Upon such termination the duties of the
parties to buy and sell cease.
If Buyer does not terminate withih the 120 day period, Buyer waives all rights to
terminate under this §4.1.
4.2. Zoning.
4.2.1. Approvals. Buyer may wish to seek approvals (collectively, the "Approvals,"
and singularly an "Approval") for development. of the Land for commercial, single
family, or multifamily, or combination use, and all ancillary uses. Approvals include,
but are not limited to, compliance with all laws, rules, ordinances, and regulations,
the comprehensive plan, water management, fire, drainage, platting or obtaining a
PUD, zoning, a determination of adequate public facilities, building laws, permits,
development, development agreements, concurrency and consistency requirements,
performance bonds or letters of credit, exactions, impact fees, taxes, assessments, and
all other requirements for development or use of the Land. Seller and Buyer agree
that Buyer may seek any Approval Buyer desires at Buyer's sole cost and expense.
Buyer agrees that if he does not terminate Buyers duty to purchase within 120 days
after the Effective Date, Buyer will proceed in good faith to seek to procure the
Approvals. Seller will consent and join in seeking Approvals as required. Buyer
agrees that Seller is not required to expend substantial amounts of time or money in
the process for any Approval.
If a petition for an Approval is disapproved by a governmental agency or public
authority, utility company, or school district Buyer will within 35 days thereafter
give Seller written notice that (l) Buyer terminates this Agreement, or (2) Buyer
withdraws and waives the Approval and Buyer will close without reduction of the
purchase price. If Buyer does not give Seller written notice within that 35 days,
Buyer withdraws and waives the petition and Approval, and closing will take place
without a reduction of the Purchase Price. If Buyer gives the notice of termination
-4-
allowed by (1), then upon the giving of such notice to Seller, the Escrow Agent will
pay the sum of Two Hundred Fifty Dollars ($250.00) to Seller as a cancellation price
and alternative performance, and the Escrow Agent will pay the balance of the
Earnest Money Deposit(s) and all interest earned to Buyer, Buyer's fights to purchase
terminate, and Seller's duties to sell terminate.
Notwithstanding anything to the contrary in this Sale Agreement, Buyer agrees that
it will not obtain a final, nonappealable Approval to rezone the Property prior to
Closing unless Ray H. Smela personally (i) guarantees Buyer's obligation to pay the
Purchase Price and close, and (ii) agrees that Seller may enforce that guarantee by an
action for specific performance.
Any application for and securing of an Approval by Buyer is voluntary, and any lien
shall extend to, and only to, the right, title and interest of Buyer. Buyer hereby agrees
to indemnify and hold harmless Seller from and against any lien for professional fees,
construction, or mechanics' lien or claim therefor and any claim, cause of action,
lawsuit, damage, liability, loss, cost or expense (including without limitation,
attorney fees) arising out of any J~pproval.
If any lienor files a claim of lien on the Land (including but not limited to a lien
under Chapter 713 of Florida Statutes) because of acts or omissions of Buyer under
this Section, Seller agrees to give Buyer written notice of the claim of lien within 10
days after receipt of the claim by Seller. If Buyer does not transfer each lien, or claim
of lien, to a bond, and give notice of the transfer to Seller within 20 days after Seller
gives Buyer written notice of the claim of lien, Buyer authorizes Seller to purchase
and pay for a bond or bonds and transfer each lien claimed to a bond. All the costs
of all bonds so purchased are included in the indemnity given by Buyer to Seller.
If Buyer does not purchase the Land, Buyer will not leave in force any written
agreement, representation or commitment by Buyer to any governmental agency or
public authority, utility company, or school district relating to any portion of the
Land, which agreement, representation or commitment shall impose any obligation
upon Seller to (a) make any contributions or dedications of money or land; (b)
construct, install or maintain any improvements of a public or private nature on or
off the Land; or (c) limit or restrict, the development, construction or use of the Land
except as existed on the Effective Date. If Buyer leaves in force any such written
agreement, representation or commitment for more than 30 days after termination of
Buyer's rights to purchase, Buyer authorizes Seller to terminate each agreement,
representation or commitment at Buyer's cost and expense. All Seiler's costs and
expenses, including attorney fees, are included in the indemnity given by Buyer to
Seller.
5. Adjustments and Prorations. The parties will adjust the Purchase Price on the Closing Date as
follows:
5.1. Property Taxes. Seller will pay all real property ad valorera taxes for the calendar years
before the calendar year of closing from the Purchase Price. The parties will pro-rate all real
property ad valorem taxes for the calendar year in which the closing occurs as of the Closing
Date based on the latest available tax rate and assessed valuation using the amount payable
during the month of November.
5.2 Special Assessments. Seller will pay each special assessment lien that is a "choate lien"
before the Effective Date from the Purchase Price. Buyer will pay all special assessments that
become "choate liens" on or after the Effective Date.
6. Risk of Loss. Seller has the risk of loss until closing occurs. If a material loss (other than
condemnation) occurs, Seller is not required to restore the Land to the condition as it'existed on the
Effective Date. However, Buyer will, within 10 days after written receipt of notice of the loss, give
Seller notice that (1) Buyer waives all defects and will close without reduction of the purchase price,
or (2) Buyer terminates this Sale Agreement. Upon such termination, B~/yer will receive a refund
of the Earnest Money Deposit(s) and any interest earned. If Buyer does not give Seller notice within
that 10 day period, Buyer waives all losses and claims for damages, and closing will take place
without a reduction of the Purchase Price upon the Closing Date or at the end of the 10 days,
whichever last occurs. If part or all of the Land is condemned, Buyer will (1) elect to close without
a reduction of the Purchase Price, and Seller will pay Buyer all amounts received in condemnation,
without interest at closing, or (2) terminate the duties of the Buyer to buy and Seller to sell, and the
Earnest Money Deposit(s) and interest will be returned to Buyer.
7. Possession. Seller will deliver possession of the Land to Buyer on the Closing Date free from all
claims of others claiming a right to possession.
8. Closing. The closing procedure is as follows:
8.1. Title Transfer. Seller agrees to convey title to the Land to Buyer by a general warranty
dccd on the Closing Date. Upon delivery of the deed to Buyer beneficial ownership of and
risk of loss for the Land pass to Buyer.
8.2. Closing Date. The Closing and "Closing Date" will occur within 450 days after the
Effective Date, unless extended by §3.4. Closing will take place in Naples, Florida, at the
offices of Cheffy, Passidomo, Wilson, & Johnson, LLP. The exact time and date for closing
will be designated by Buyer after not less than 15 days written notice to Seller.
8.3. Seller~ Documents. At closing, Seller will deliver to Buyer the following documents:'
8.3.1. General Warranty Deed. A general wan'anty deed in statutory form.
8.3.2. Gap and FIRPTA Affidavit. A "Gap and FIRPTA Affidavit" in the form
required by the title insurer and by law.
-6-
8.3.3. Additional Documents. Such additional documents as reasonably required by
Buyer.
8.4. Buyer~v Payments andDocuments. At closing, Buyer will cause Escrow Agent to deliver
the Earnest Money Deposit(s) to Seller. Buyer will deliver to Seller the balartee of the
purchase price, as adjusted by the terms of §5, and such additional documents as might be
reasonably required by Seller.
8.5. Closing Costs. Seller will pay Scllcr's attorney fees, the initial abstract cost,, and the
cost of dccd stamps. Buyer will pay Buycr's attorney fees, the cost of the survey, cost of
abstract and survey update, all costs for tests, due diligence, and certifications, the cost of
recording the deed, and the expenses of title insurance.
9. Default; Remedy. If a party fails to perform that party's obligations under this Sale Agreement
(except as excused by the o.,ther's default, or by another provision of this Sale AgreemenO the party
alleging default will give notice of the specific default, the cure required, and demand performance.
9.1. Seller Default. If Seller falls to comply with such written demand within 10 days after
notice is given, Buyer will have the fight to (1) waive such default, (2) sue for damages
and/or specific performance, or.(3) terminate this Sale Agreement. If Buyer elects to
terminate, the Escrow Agent will pay the Earnest Money Deposit(s) and the interest earned
to Buyer within 10 days after receipt of notice of termination.
9.2. Buyer Default. If Buyer fails to comply with such written demand within 10 days after
notice is given, Seller will have the fight to (1) waive su6h default, or (2) taminate the duties
to buy and sell under this Sale Agreement. The foregoing are agreed to be Seller's exclusive
remedies. Seller will give Buyer notice of the election it makes within 10 days after the 10
day cure period expire, s, or Seller waives such default. If Seller elects to terminate, Buyer
will be paid the interest on the Earnest Money Deposit(s), and Seller will be paid the Earnest
Money Deposit(s) as liquidated damages arising from such default as Seller's sole remedy.
The parties agree this amount is not a penalty, is reasonable in amount, and is agreed upon
because ofthe difficulty of ascertaining the damages to Seller. If Seller elects to terminate,
the Escrow Agent may pay the Earnest Money Deposit(s) to Seller, and the interest earned
to Buyer, within 10 days after receipt of notice of termination.
On such return or payment of the Earnest Money Deposit(s), and any interest earned, the parties will
be discharged from any further obligations and liabilities to buy and sell hereunder.
10. Representations of Seller. Seller makes the following continuing representations to Buyer:
10.1. The Official Records of Collier County, Florida show Seller as the only owner of the
Land, and title to the Land is subject only to the Approvcd Title Exceptions.
10.2. Seller has the legal power, fight, and authority to execute this Sale Agreement, and to
consummate the sale.
-7-
10.3. All the documents of Seller for the closing will be duly executed, witnessed, and
acknowledged where required, and will be legal, valid, and binding obligations of Seller, will
be sufficient to convey title (if they purport to do so), and will not violate any provision of
any agreement to which Seller is subject.
10.4. There is no litigation or other proceeding pending or threatened against the Seller or
the Land.
10.5. There is no litigation, or investigation or administrative proceeding by any
governmental agency which is pending and which has been served on Seller.
10.6. Seller has not received from any governmental agency any written notices of violations
of any statutes, laws, regulations or rules relating to the Land.
o*
10.7. Seller has not received any written notice from any competent condemning authority
regarding the institution of any condemnation action seeking to condemn any interest in all
or any portion of the Land.
10.8. There is no operative and binding written contract between Seller and Collier County,
Florida, or any other governmental agency or public entity which concerns the Land.
10.9. Seller has not used, stored, released or discharged any hazardous materials or petroleum
products on the Land in violation ofenviroumental laws. There is no chemical, material, or
substance on or under the Land that poses a hazard to th~ health and safety of any person that
may occupy the Land.
10.10. Seller has no wxTi.'tten agreement, representation or commitment to any governmental
agency or public authority, utility company, or school district relating to any portion of the
Land, which agreement, representation or commitment imposes any obligation upon Buyer
to {a) make any contributions or dedications of money or land; (b) construct, install or
maintain any improvements of a public or private nature on or off the Land; or (c) limit or
restrict, the development, construction or use of the Land. However, the Land is subject to
existing statutes, rules, regulations, and ordinances.
10. 11. Seller knows of no facts nor has Seller misrepresented or failed to disclose any fact
which materially decreases the value and marketability of the Land, nor which would prevent
Buyer from developing the Land after closing in a normal manner.
11. Miscellaneous.
11.1. Time. Time is of the essence of this Sale Agreement.
-8-
'11.2. Notice. All notices will be in writing and sewed by certified mail, return receipt
requested, postage prepaid, at the addrcsscs shown above, until notification of a change of
such address. Notice is given upon receipt, or 3 days after mailing, whichever first occurs.
11.3. Reliance. Buyer agrees that as to all disclosure offax:t made to Buyer by Seller, Buyer
may rely on these disclosures as representations, and Buyer is not required to make Buyelas
own independent investigation of the truth of the representation.
11.4. Survival. All representations and warranties of Seller and Buyer contained in this Sale
Agreement will survive the closing of this transaction.
11.5. Brokerage. Buyer represents to Seller that this sale resulted from th.e efforts of Seller's
agent and broker, Prudential Florida Realty (Maury Dailey), and that Buyer dealt with no
other broker in connection with this sale and purchase. Seller agrees to pay all commission
due to Prudential Florida Realty.
11.6. Entire ,4greement. This instrument is the entire agrcernent between Buyer and Seller
and there arc no other agrccmcnts, understandings, waftantics or representations between
Buyer and Scllcr. This Sale Agreement cannot bc amended except in a writing executed by
Buyer and Seller.
11.7. Binding Effect. This Sale Agreement will inure to the benefit of and bind the resp~tive
heirs, successors, and assigns of the parties herere.
11.8. Expiration. This Sale Agreement is executed by the parties on the dates set forth below
their respective signatures. The Buyer made the initial offer. That offer will expire on the
date 5 days after the date of Buycr's execution of this Sale Agreement unless Seller has
accepted the offer and. returned a copy'of this Sale Agreement to Buyer prior to such date.
11.9. Assignment. The fights of a party under this Sale Agreement can be assigned in whole,
but not in part. No assignment is effective as to a party until notice of the assignment and a
copy of the assignment is given to the other party. Upon assignment by Buyer, Buyer is
discharged from any future liability in connection with this Sale Agrccmcnt.
11.10. No Recording. This Sale Agreement shall not bc recorded in the deed records of
Collier County, Florida. The recording of this Sale Agreement or a notice thereof by Buyer
is a brcach of the Sale Agreement for which Scller may terminate Scllcr's duty to sell and
Buycr's right to purchase.
11.1 1. Lead Paint. Seller will not give a lead paint warning to Buyer as there is no structure
on thc Land.
11.12. Radon Gas. Seller will not give a tadon gas warning to Buyer as there is no structure
on the Land.
-9-
11.13. Energy Efficiency. There are no structures on the Land.
11.14. Days. Days refers to calendar days. If the last day of a period falls on a Saturday,
Sunday, or other day when the office of the Clerk of Circuit Court of Collier County, Florida
is not open to record deeds, the period will end on the next business day.
11.15. Con~dentiality. Seller agrees that (except as may be required by law) Seller will
not disclose, and Seller will cause Scller's employees, representatives, agents, and
advisors not to disclose, the existence of this Sale Agreement. nor any of its terms or
conditions. If this provision is violated by any of the above, Buyer may terminate Buyer's
duty to buy, and the Escrow Agent will return all Earnest Money Deposit(s) and all
interest earned to Buyer.
IN WITNESS WHERE ' greement has been executed by th~ parties
(the "Buyer")
Robert Stackpole
Date Executed: F/'] ~ ~, ~ 1999
(the "Seller")
Emestine Stackpole
Date Executed: ,~-~' --- ..~"'--
(the "Seller")
1999
on the dates
-10-
941 261 0884
~ 9
Land Description
description of the Lnnd (Sta~kpole Property)
W 1/2 of NB 114 of NW 114,
and It 1/2 o2' li 1/2 of NW |14 of NW 114.
all In hodon 14~ TJl S, R26B, Collier Coungy, Florida
i I
FILE No. 738 07/21 '99 08:46 ID:CHEFFY PASSIDOrl3
FROM:
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ZVJ TC:O] 6O/CI/LO
; 94 13947159
(*Seller")
at HE corner Section 1B, Rnt,th tt~ ~a~t i'P G.R., qOSlth 78_70 feet, Vest 2739.05 feet
North 8g deSree West 1250.92 feet North ~ ~egrrm4 Ee~t ~8 56. ~nlTter Cosmty,FZoride
(~urvev with le~al descrtgtion to be attached.)
inoludlng all Improyce and the following additional property:
~s PRICE AND FINANCING
~4- 2. PURCHASE PRICE: $.J~ payable by Buyer In U.S, lunds as follows: · ."
t5' ~ ,19...
,r for ,, '~- L. ,. ('Em~. Agent")
~e' to) $ Additional deposit to be made by .
~' (~) T oral Flnandng (see Paragraph 3 l:mtow) (express as a dolar mount or percentage) ..
~o- (cl) $ Other
2~' (e) $._J~L.~ ' Balance to clo~ (not inoludlng 8Wef8 closing costs, prepaid items end prorations), AH
;2 funds paid at doing must be paid by locally draw~ cashisr's check or wired funds.
23. Q (f) (complete only If purchase pdee will be determined based on a per unit cost instead of a fixed price) The unit
24. used to determine the purchase price is Q lot Q acre Q square foot Q other (specify: )
25' prorating areas of less than · full unit, The purchase pdce will be $ per unit based on a calculation of
28 total area of the Property as cartired to Buyer and Seller by a Florlde;lloensed surveyor in accordance with Paragraph
27. 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation:
26' ·
~2~3. CASH/FINANCING: (C, heck as appllc. ebis) :3;3[(e) Buyer wl psi cash for the Property with no financing contingency,
~3tt4 TI ~o C~m=ct L, ,.~,d6 ~,,m ,-, Du~,-, N~,alifA~3 duqd ,..~taht~ U,.. ~,p,~t.,an!(s) or approval(s) alm3dlk~ ly-..~^, '
days from Effective Date (if left blank then Closing Date or 30 de. ye f~orn Effective Date, wrdchever occurs firs1),
32° ~l~y for financing within days from Effective Date (5 days' left blank) C'Appllcation edod") and will tl provide
33 any and all credit, employment, financial. and other information required by the lender, If Bu,/er, after usin Igence and
34 good faith, cannot oOtain the financing, RHI~er party may ~u'~cel this Contract and Buyer wil return to ~ell ltl title evidence
35 and sun/e/s provided by Seller, and Buyers deposit(s) will be returned after Escrow/~.gent receives pr r authorization from
36 eH interested peffies. Buyer wil pay eJI loan expenses, including the lender's title insurance policy, ·
37. Q (1) New Financing: Buyer will secure a commitment for new thkd party ftnendng $ or
3r % of the purchase price at the prevailing interest rate end loan costs. Buyer keep Seller ard Broker fully
39 inf"~'o'~ed of the loan application status and progress and authorizes the lerlde r mortgage broker to disclose all
40 such infon'natlon to Seller and Broker, ' '
43'
45
48
47
49
50
51
55°
57' ·
¼,,
~s underwr~ js suspended, euVer mey pompone c~sin9 up to 5 days. S · · S · c t i o n 18.
, .;.
e' , r · ( ) erd Belar l L4 tA~(___) lmdgl moe~X d e cq:N d rl pege, W~ ll Page l of 4
01998 FlQr~la As~odetk~l ol Ri A: T~ e ;,~; NI RIgMS Rosefred
The mortgage, note, and any 8eourlty agreement wil be. in s acceptable to 8Bile and wNI folow forms generally
accepted in the county where the Property Is located; provide for a late payment fee and acceleration at the
mortgagee's option if Buyer defaults; will give Buyer Ih ht to prepay without per~lty all or part of the principal at any
time(s) with interest only to date of payment; will b ue on conveyance or ~le; will proviSe for telBaBe of ~x~ttguoue
pamela, if appllcal~le; and will require Buyer to tp liability Insurance on the Property, with Seller as additional named
insured. Buyer authorizes Seller to obt credit, employment and ot~er neoessary Information to determine
creditworrniness for the I1nanclng. Seller, II, within 10 days from Effective Date, give Buyer written notice of whether or
· not Seller will make the loan, '
Q (3) Mortgage Assumption: wi take title suloject 1o and sssaTle end pay e;dst~ It.at ~ to .
LN# In the epproxlmam mount of $ ' currently payable at
$ month including principal, interest, 13 taxes and insurance end having a Q fixed Q other
(describe) '
Interest rate % which 13 will Q will no Beeelite upon aaron, Any vadan=e In the rni:Wtgm3e will be
adjusted the balance due at closing with no adjustment to puroheme price, BuyeP will purebase 8eller'e escrow
ec dollar for dollar. If the lender ctsapproves Buyer, or the interest rate upon transfer exceeds __ _% or the
aption/transfer fee exceeds $ , either party may elect to pe.y the excess. failing which this
CLOSING
4. CLOSING DATE; OCCUPANCY: Thll ContrlK3t Wt be dosed Ind the deed ind poseHelen delivered on or before
December 28 . 1999 , unless extended by other provisions of this Contract, tl on Closing Date insurance
~c 2/
12-16-99;11:09AM;marco islenet Rg464 ;9413947159
-.~
(b) Buyer Coats: Buyer wl~ pay 1axes end r~ording fees on notes end mortgages and recording fees on the d~
und financing stat~ent8; loan expenses; pending special assessment liens; lender's title policy at the simultaneous
Issue rate; Inspections; sunny and sketch; Insurance; Other:
(G) ~ Evidence and Insurance: C~Gk .) or (2}:
Q {1) Seller will m~ 8 Paragraph 8(a)(1) owner'a tRle Inaur~ ~l~t u title ~de~e. Q hiler ~ B~er
will select the title agent, Q Seller ~ 8uy~ ~ ~y for the owner's title ~licy. search, exmtnetlo~ and related
c~S. Each pe~ w~l .~y fig o~ clo~ ~es.
~ (2) Sel~r wl~' ~de tlBe e~dence as s~ecifi~ h Pm~ ~a)(2). Q ~l~Bu~r w~ pay ~r t~ ~n~'s
pol~y end a~t the t~le ~ent. Seller ~H pay bern for title lear~es prior to dosing, ~cludlng tax learob end li~
searob fees, ~d B~er ~ pay fees f~ title ~c~8 a~er c~sln9 M any), title examl~ttan fees and cloWnS le~.
(d) PromIons: The following Items will be made ~rrem and promted as of the day before ClosinG Date: ree~ eatroe
t~es, Interest, ~nds, assessments, leaaft and other Prope. y exposes and revenues. If taxes and easesaints'for
the cu~ent ye~ cannot ~ dete~lned, the pm~s year's rates wlil be used with ~jumment f~ any exmptiona,
(e) T~ ~thhQIdlng: Buy~ ~d Seller will ~mply ~h the F~gn Invest~nt In Real ~ope~ Tax Act, which
require Seller to pr~lde eddltlonH c~ah at closing ff Seller tse "foreign pemon" as defined by federal law,
~ PROPER~ CONDIXON
ro~s I~ a com~ar~le ~dttlo~ e,~ sift ~t ~s~e in ~ per~ a~y act~ty t~at ~uld mme~ly slier the
~,d~ w~o~ t~e BWe~a prior w~e~ c~sem.
(a) Rood Zoo: BW~ Is s~s~ to ~r~ ~ s~W. ~ me ~ ~ ~th ~ate g~en~m ~es
(b) Government Regulation: Bu~ ~s e~seQ that cM~es In ~ernment re~umt~,s ~d ~ev~s of se~e
affect Buyers I, tend~ u~ of t~e P~e~ will ~ot ~e ~rou~Qs for c8~cell~ t~ls Contact if t~e Feesibfiity
Pedod has expired or If Buyer has c~ecked c~oice (c)(2) ~low.
(c) Insp~ti~s: (c~ (1) o~ (2)
'), ~t~i~ ~ether ~ Prop~ is ~teble, in Buyers sole ~ ~dute d}Screti~, for -'
me, O~ me Fe~lbiliW St~ P~od, Buyer m~ co~u~ a P~ I
zoning reBld~tons; subdivision statutes; soil and grade; avallabilRy of access to public ds, water, end othe
utllit~s; consistency with I~al, state and regioni grom management plans; avails of p~mlts, g~emment
approvals, ~d licenses; ~d ot~r Ins~ions that Buyer dams appr~date to inn the PropeRy's suit~llity
for the BWe~= intended u~. If the Pr~ must ~ mz~ed, Buy~ will ob the razing from ~e appro~ete
gov~ment eg~c~s. Sell~ will sign all documents Buyer is required le In connection with devd~ment or
rezonitng approvals.I~ .
~ller g~s BWer, ~ e~s, c~t~o~ md Igns, tM ~ht er ~ ~0~ at ~y ~m ~t~ tM Fe~bNy
S~ P~ f~ me ~se of c~U~ In~c~ons; ~, howwt, t~t B~. its a~nts, ~nmm and
ess~ns ~te ~ Pr~ ~d c~uct Ins~l~s at r o~ d~, BWM will Indemm~ and hold Sil~
~m ~sses, d~ages, costs, c~ms end expens I ~y Mture, Including attorney' fes, ex~se ~d liability
i~urr~ in ~atl~ 1~ ~onlng or rNmed p Ings, ~d tm ImDll~ tO a~ ~, ads~ ~
any ~d ell Ins~tl~ or any ~k am by Buys. Buy~ ~11 not e~ege In ~y ectM~ that could resO~ in
contraction lien being ~led a~inst mpe~ ~tho~ 8eller's pdor wrl~en ~nsent. If this tra~ction
close, Buys will. at BWer's e se, (1) repe~ ell demeg~ to the Prope~y resulting from the Insp~tlons and
return the Prope~ to t~ ~ Ion It was in ~or to condor of the Insp~tions, a~ (2) release to Seller all repays
and oth~ wo~ g~emt s 8 result of ~e Ins~c~ons,
Buyer will deliver ritten notice to Seller prior to the expiration of the Feasl~llty Study Period of Buyer's
determlnatt~ ether ~ ~t ~ Pro~ Is ~ceptmle. BWefs f~ure to ~mp~ with this notice ~uirme~
will c~sti ec~ptance of the Propeq ~ s~table for BWe~m Int~ ue ~ ~s "m b* c~dltlon. ff ~e Property
is un ept~le to BWer a~ ~i~ notice of this tact is tlme~ delvered to Seller, t~s Cmlract ~ be ~m~
rn~ aRer Escr~
~ (2) No FeaslbiliW Study: Buyer Is satisfied ~at the Properly Is e~abb for B~'w pu~, includes b~ng
~tis~ that e~r publ~ 9~ege and ~te ere ~b to ~e Pm~ or ~e ~ ~ll e ~p~d Ior
I~talle~ of a well en~ p~le 9~e dlsp~N Mt~ ~d ~ ~lmbg zonlng ~d othe p~t
and restrictions, such as suDdlvlslon or ~ed restrictions, concurtly, gm~h m~ag~em ~d endmental
c~dlHons, am ~c~t~ to B~. This ~ct is ~t continent on BWer =d~tlng ~ b~ invet~a~ons.
RISK OF LOSS; EMINENT DO~IN: If a~ p~ion of the Pmpe~ Is mme~Uy d;~ by casua~ ~fore clomng,
tf an eminent dom~n pr~eedl~ Is initiated, Seller ~11 prompt~ Inform Beer. EIther pady may cancel this Contract
' wdtt~ notice to the other ~thin 10 d~ from Buyer's r~elpt of 8ellera notification, falang ~lch Buyer will clo~ in
=c~d~ce with this Contract a~ receive air payments made by the government amhodty or insurance com~ny, If any.
~E
~TLB ~IIM ~U ~n~ ~aDle title to t~ R~ by smtutoW war~ d~ ~ trustee, p~l repre~ntml~
gumdan d~ as epropdate to Seaer's status,
(a) TRle Evidence: Title e~dence ~11 show I~j access to the Prope~y ~d meetable t~le of r~rd ~ Seller in
~rd~ w~h curr~t tit~ s~n~ ~t~ ~ ~e ~e Be, ~b~ o~ to ~ f~g ~ e~t~s, no~ of
~ print BWe~s ~l~ed use ~ the Pra~ as Agrtcul turn : ~v~, e~ta ~d
there ~ ~ of ml~; cur~l ~e; m~ ~t ~e ~11 a~e; end flumes ~t ~e ~ d~e at
or. ~l~e inS. ~ller ~, pdu to chang, m to a~r ~l~l ~ ~ one ~ the fol~w~g ~s of 6tb
# 3/ 6
12-16-99;11:09AM;marco islana #464
;9413947159
~ 4/ 6
which must be generally accepted in the county where the Property is located (specify In Paragraph E(c) ihe selected
type), Seller will use option (1) in Palm Beach County and option (2) in Dade County,
(1) A title Insurance commitment issued by a Florida-licensed title insurer in the 6rnount of the purchase price end
so suDJect only to title exceptions set forth tn this Contract.
(~) An existing abstract of tiUe from a reputable and exiting abstract fm-n 01 fkTn IS not existing, then aDstract must
certified as correct by an existing firm) purporting to be an ~ccurats'eynopels of the Instruments affecting title to the
53 Roperty recorded in the public recoraS of the county where the Property Is located and certified to Effective Date.
54 Flowever If suclq an abstract is not available to Seller, then a ~ owners title policy acceptable to the proposed insurer
s6 as a base for reissueace of coverage. Seller wil~ pay for copies of all policy exceptions end an update In a format
sa acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer'e closing agent,
57 together with copies of all documents recited in the prior poliG'y ~nd In ~e update. If a prior policy Is not available to
Seller then (1) above will be the title evidence, Title evidence will be delivered no later than .10 de>~ before Olo../k~9 Data.
(b) TIt~e Examination: Buyer will axemine the title evtdenc~ and dative' written notice to Seller, within 5 days from receipt
so of title evidence I~t no later than closing, of any dek~-'ts that make the title unmm'ketable. Seller will have 30 days from
receipt of Buyer's notice el delects ("Curative Period") to cure the defects st 8eiler's expense. If Bailer cures the'4
defects within the Curative Pedod, Seller will deliver written notice to Buyer and the parties wUI dose the transaction on
Closing Date or within 10 days from Buyer'= receipt of Sell~f*e notice if Closing Date has I~ssed. If 8ellmr is unable to
e4 cure the defects within the Curative Pedod, Seller will deliver written notice to Buyer and Buyer will, within 10 days from
e5 receipt Of Sellor'S notice, either cancel this Contract or accept title with existing defects and close the transaction.
(c) Survey: Buyer may, pdor to Closing Date and at Buyer'a expanse, have the Property surveyed and deliver written
67 notice to Seller, within 5 dayS from receipt el survey but no later than closing, or any encroachmeats on the Propany,
ea encroachmeats by the Property'e improvements on other lands or deed restriction or zoning violations. Any such
1
ea encroachment or violation will be treated n the am mentar as 8 title defect and Buyer'e and 8eller'a obligations will
70 be determined In accordance with subparagraph re) above. If m; i~t ,Jf the R.~P~,W Ik.= uu.w..d uf the
r~ ~ctqetruetion co, tb,jI I~,,., brier will preyida iu~,tr wit~ en affid~Nlt or s~Ne/ss f sd bf bah ~.ll,l==tit~ thu
72 -Ir-'atleR eR tl-~. k. ups. ty, u~ i/~ Duyor ~.vah/es this r~quir~Tlent I~ ~witln B,
MISCELLANEOUS "
74 9. EFFECTIVE DATE; TIME: The 'Effective Date" of this Contract Is the date on which the last of the parties Initiate or ·
7s signs the latest offer. Time Is el the essence for all provisions of this Contract. All time periods expressed aa days will ,.
re be computed,in Duelnasa days (e "business day" is every calendar day except Saturday, Sunday and national legah>~.
~ holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business
7a day. All time periods will end at 5:00 p.m. local time (meaning In the county where the Property is located) of thl~ ....
~ appropriate day.
~o 10. NOTICES: All notices wil[ be made to me parties and Broker by mall, personal d~vefy or electtense media. Buyer'e
e~ failure to deliver timely written notice to Seller, when such notice i~ required by thle Contract, regalling arp/oonttngenctos
62 will render that contingency null end void and the Contract will be construed as if the contingerlcy did not exist.
a3 11. COMPLETE AGREEMENT: This Contract Is the entire agreement between Buyer end Seller. Except lot brokerage
n agreements. no prior or present agraement~ will bind Buyer, 8slier or Broker teleel Inc. orpomtecl Into this Contract.
e5 Modffications of this Contract will not be binding unless in writing, signed end delivered by the party to be bound. Signatures,
ee initials. documents referenced in this Contract, counterparts and written modlfioailQna communicated electronicidly or on paper
a~ Will be acceptable for all purposes. including delivery, 8ncl will be binding. Handwritten or b/pewrltten terms Inserted in Gr
86 attached to thIs Contra~t prevail over preptinted terlnqs. If any provision of this Contract is or becomes invalid or unenforceable,
a9 all remaining pr0vislons wlil continue to be fully effective. This Contract will not be recorded in'any public records, _~.
,o 12. ASSIGNABIUTY; PERSONS BOUND:. Buyer m~et. assign lhi8 Conera without hlisfs wdttan consent. ,The t~
.~ "Buyer," 'Seller,' and "Baker" may be singular ~' plural. This Contract is binding on the hen, administrators, ~xacuto~?
s2 parsened representatives and assigns (if permitted) of Buyer, Seller and Broke,
DEFAULT AND DISPUTE RF.8OLUTION
~4 13. DEFAULT: (a) Seller Delault: If for any mason other than failure ol Seller to make eeleta title rnmIs after diSgent effort,
9s Seller fadIs, refuses or neglects to perform this Coalrace, Buyer may choose to receive a return ol Buyer'e deposit wtthout
~e WaMng the dght to seek clarrmges or to seek apeclllo pedormance aa per Paragraph 16, Seller wi also be lieiDle tO Broker for.
~ the full amount of the brokerage fee, (b) Buyer Default: if Buyer Me to perform this Contract Within the time spedlied, Including
u timely payment of eli deposits, adler may choose to retain and ~ dl deposit,8 paid and agreed to be paid as Ik:luidated
=~ darnages or to seek specific performance as per Paragraph 18; and Broker will, upon demand, receive 50% df all clapssits
00 paid and agreed to be paid (to be split equally among cooperating brokeR) up to the full amount of the brokerage fee.
oq 14. DISPUTt RESOLUTION: This Contract will be c~ Under Florida law. All oontrovemkta, dalrns, end other matters in
r. question between the parties arising out of or relating to this Contract or its breach will be settled' es follows:
o3 (a) DiN~utes concerning entitlement to de~ made and agreed to be made: Buyer and Salbr wl lave 30 days lrom
04 the dale conflicting demands are made to attempt to resolve the dispute through medletion. if that falls, Searow A!tent
De wlli sumit the dispute. if so required by Flodda law, to Escrow Agent's choice of arbitration, a Florida court or the
0e Florlcla Real Eraate Commission. Buyer and Seller will be bound by any resulting settlement or order.
(b) All other disputes: Buyer and Seller will have 30 days from the dale 8 dispute arise8 between them to attempt to
resolve the matter through mediation, failing wrllcll the parlies will resolve the dispels lhrough neutral binding
0e arbitration in the county where the Property is located. The arbitrator rnsy not alter the Contract terms or award any
remedy not provided for in this Contract. The award will be .based on the greater weight of the evtdenoe end will
- state findings of fact and the contractual authority on whloh it is based, If the proties agree to use discovery, It will
be In accordance with the Flodda Rules of Civil Procedure and the arl01trator will resolve all discovery-related
s~ llcensee'8 broker consents in writing to become a party to the
ts (c) Mediation and Arbitration; Expenses: "Mediation" 18 a'process In which pettle~ attempt to maDlye a dispute by
~e sLeDmilling it to an Impartial mediator who radiitales the resdution el the dispute but who Is not empowered to iffipose a
~7 settlement on the parties. Mediation will be In accordenos with the rules of the Amedcan Mediation Association or other
~a n'mdlator agreed on by the parties. The parties will equally divkle ~ mediation lea, If ~ny. "Arbitration" is a process In
m wnict't the parties resolve a dispute by · hasdng b~fore a neutral ~ who declde~ the matter and who~e decision Is
~o binding on the parties. Azbitratlon will be In accordance with th· rules of the Amertcan Aroitratlon A~m3ctatlon or other
2~ , m't31tmtor agreed on by the partial Each party to any m'oltratlon will pay its own fees, costs m-d expenses, Including
attorneys' fees, and will equally spit Itw arbitratorr fee~ and adnlnlstratlv~ fees of arbitration. In a ~vll actlorl to enforce
r~ arbltra n award, the prevailing party to the ad31tmtion shall be entitled to recover from the ncfnprt:mlllng party
recetlX of a copy of thle page, wl'i:l~lePageaof4
12-16-99;11:09AM;marco ~slan<:l ~464 ;9413947159
ESCROW AGENT AND BROKER
15. ESCROW AGENT: BtNer and Seller authorize Escrow Agent to receive, deposit and hold funds and other Items in
escrow and. subject to clearance, disburse them upon proper authorization and in accordance with the terms of this
Contract, including disbursing brokerage fees, The parties agree that Escrow Agent wilt not be liable Io any person for
mlsdeltvery of escrowed items to Buyer or Seller, unless the misdellvery is due to Escrow Agent's willful breach of this
Contract or gross negligence. If Escrow Agent interpleads the subject matter el the esorow, Escrow Agent will pay the
filing tees end costs from the deposit and will recover reasonable attorneys' tees and costs to be paid from the
escrowed funcls or equivalent and charged end awarded as court costs in favor of the prevailing party. All clams
against Escrow Agent will be omitrated, so long as Escrow Agent consents to arbitrate.
16. PROFESSIONAL ADVICE, aROKER LIABILJ'TY: Broker idvtael Buyer tad 8eler to verify ell facts and representations
that are Important to them and to consult an appropriate ~ofesslonal for legal advice {for example, Interpreting contracts,
determining The ellact of laws on the Property and transa~lon, status of title, foreign Investor repealing requirements, etc.)
anti for tax, properly conaltion, environmental anti other spec.~lizecl advice. Buyer acknowledges trtat Broker close not
reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller
representations or public records unless Broker indicates personal verlllcaticn of the representation. Buyer agrees to rely
solely on Seller, pmfesdonal Inspectors and governmental agencies for verification of the Property condition and facts
that materially effect Property value. Buyer and Seller respectively will pay all costs and expenses, including rossenable
attorneys' fees at all levels, incurred by Broker and Broker'8 officers, directors, agents end employees in connection with
or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations, Buyer and Seller hold
ha'micas and release Broker and Broker's officers, dlre~to~. agents and employees from all liability for loss or damage
based on (1) Buyer's or 8eller'e misstatement or failure to perform contractual obligations; {2) Broker's performance, at
Buyer'a and/or Sellot'a request, of any task beyond the scope of se~lces regulated by Chapter 475, F.S., as amended,
Including Broker's referral, recommendation o.r retention of any vendor; (3) products or sen/ices provided by eu~/vendor;
and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and
compensating their respeCtive vendors. This paragraph will not relieve Broke of starstoW obligations, For purposes of this
paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing,
ly. BROKERS: The lIcenses(s) and br~k~fsl~s(e) netned below are c;o{le~tlvely refe. ed to as "BrOker.~ Seller mid Buyer
sclu~Owledge that direct closing agent to disbums at dosing ~°c~e ll erecent of the Im~karsge fees as specified in s6l:wrate
the brokerage(e) named below ere the ;r cause of this transaction. Insrealign ~ Closing Agen'c
Seller and Buyer '
brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such
fees from the escrowed funds, In the absence of such brokerage agreements, closing a~ent will disburse bm~,erage fees
as Indicated below.
Arvida Realty Services
~/8m~ragerea'4% o~ Purchase Price pmtd
by Buyer.
ADDITIONAL TERMS
18. ADDR1ONALTERMS: ~.la=t,Z ~e, he
with written request 5 days prior to cl i
os n
This is intended to be aleeaSy bindleg contm~ ff.not fully understood, seek the ecMce of an ~pdorto dgntng.
OFFER AND ACCEPTANCE
(Check if spptioable: Q Buyer received a written real property disclosure statement from ~eler bei:h.e making this Offer,)
Buyer offers to purchase the Property on the above terms and conditions, Unksss this Contract Is signed by Met and a
copy delivered to Buyer no later than .4;"~.oo Qa.m.~p.m. on/f./-v~,,,4~e,,- ,t-IP , 19 9 ~ , this offer will be
revoked and Buyer's deposit refunded subject to clearance of funds. .
Buyre':. Tax ID/SSN:
Address:
Date:
Phone:
Fax:
Date://'-
Date: Selle~. Tax ID/SgN:
· Pdnl
Phone; Address: ' '
Fax;
l:;l Seller counters Buyer'e offer (to accept Its counter offer, Buyer musl sign or InRlal Its cow~ter olTenm ~ and tieliver a
copy of lhe ecceptance to Sallef by S:O0 p.m. on .19 ... ).(::2Bellefr,eJectsBuyefeollef.
I
Effe.;tiveDste; "/,/'~,,-/'I~ (TheUateonwhichthelmparlywigned{wbdtlaJedac;eptaneeofthaflmdofferj I
Buyer(, _ )( )andBailer( )( )~edgerecelptoeacopyoftllspe;kwtlchlspege4c~4peges.
12-16-99;11:09AM;meFCO ~slano ~464
;9413947159
Legal Description
Charles Kresse Property Contract
November 2:2, 1999
Section 15, Township Sl, RanBe 26 Commencin8 at NE Corner Section 15, South 220
Feet & POB, South 78.70 Feet, West 2,739.05 Feet, North 89 Degrees West 1,250.92
Feet, North 2 Degrees East 68.56 Feet, South 89 Degrees East 1,248.37 Feet, South 89
Degrees East 2,739.02 Feet, to POB, Collier County, Florida. OR 345 PG 720
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 copy of:
ORDINANCE NO. 2000-21
Which was adopted by the Board of County Commissioners on
the llth day of April, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida,
of April, 2000.
DWIGHT E. BROCK
Clerk of Courts
C1 r~:,',
Ex-officio to Board ~f.'--. ~. ~,.
County Commissione~S"'.~;'i]."::
By: Karen Schoch, " ......] .........',,~>"'
Deputy Clerk