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Ordinance 2001-020ORDINANCE NO. 01- 2 0 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 869T016 AND 862122; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL WITH "ST" OVERLAYS TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MIRASOL PUD FOR A MIXED RESIDENTIAL DEVELOPMENT AND TWO 18 HOLE GOLF COURSES, CONSISTING OF NOT MORE THAN 799 DWELLING UNITS ON PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (C.R. 846) AND WEST OF A NORTHERLY EXTENSION OF C.R. 951 IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,558+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop, of PMS, Inc. of Naples, representing T.O.S. Development, L.L.C., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agmcultural with "ST" overlays to "PUD" Planned Unit Development in accordance with the Mirasol PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 869T016 and 862122, 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 ., 2001. COLLIER CO~, FLOmDA Approved as to Form and Legal Sufficiency Mat,°riP,VI: Student Assistant County Attorney BY: James D. This ordinance filed with the Secretary of $':,~te's Office th9 ond acknow:,ec:Eiement of that filing received this Depuly PUD-99-10 ORDINANCEJRN/cw -1- MIRASOL A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING MIRASOL A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Mirasol Development, L.L.C. 6025 Carlton Lakes Boulevard Naples, FL 34110 PREPARED BY: PMS, Inc. of Naples 2335 Tamiami Trail North Suite 408 Naples, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 4/23/01 INDEX PAGE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership, Legal General Description and Short Title Project Development Residential Development Areas Golf Course/Open Space Preserve District General Development Commitments ii 111 1-1 2-1 3-1 4-1 5-1 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" TABLE I TABLE II Planned Unit Development Master Plan Legal Descriptions Flow-Way Agreement Land Use Summary Development Standards ii STATEMENT OF COMPLIANCE The development consists of 1558+/- acres of property in Collier County as a Planned Unit Development to be known as the Mirasol PUD which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The Mirasol PUD is a single and multi- family residential community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The total acreage of the Mirasol PUD is 1558 +/- acres. The maximum number of dwelling units to be built on the total acreage is 799. The number of dwelling units per gross acre is approximately 0.51 units. The density on individual parcels of land throughout the Project may vary according to the type of housing placed on each parcel of land. The projected density of 0.51 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units per acre as a base density on the project lands located within the Urban, Urban-Mixed Use District, Urban Residential Subdistrict, Section 22, Township 48S, Range 26E consisting of 340.7 acres thus yielding 1362.8 units. The lands within Section 15, Township 48S, Range 26E and Section 10, Township 48S, Range 26E are outside the urban boundary, designated as Agriculture/Rural, Agriculture/Rural - Mixed Use District on the Future Land Use Map with density assigned as 1 unit per 5 acres. These 1217 acres would yield 243.5 units. The Master Plan has been arranged to utilize cjustering of development tracts to provide for significant land conservation as well as the construction of a regional flowway. (See also Section 3.3 of this Ordinance) The subject property is located outside and within the Urban Mixed Use District, Urban Residential Subdistrict, Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. o The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. The public/private partnership for the proposed flowway creation will be consisted with Policy 1.4.2 of the Drainage Sub-Element of the Public Facilities Element by correcting existing deficiencies by utilizing innovative funding sources. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas through creation of a regional flowway as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. in 1.1 PURPOSE SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Mirasol PUD. 1.2 1.3 LEGAL DESCRIPTION See Exhibit B PROPERTY OWNERSHIP The subject property is owned by Mirasol Development, L.L.C. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located to the north side of Immokalee Road; bordered on the east by Broken Back Road, future 951; the Collier / Lee County line is the north property line; a portion of the western property borders along agricultural zoning (proposed Terafina PUD) and the Parklands DRI; on the south side of Immokalee Road is Pebblebrooke Lakes and Laurel Lakes. Bo The zoning classification of the Project prior to approval of this PUD document was "Agricultural". 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 7. Bo Water management facilities for the Project will be designed and constructed to serve 1558+/- acres of residentially zoned lands discharging via the Immokalee Road Canal. Co Elevations within the site vicinity are flat. The elevation of the subject site is approximately thirteen and 1/2 feet (13.5') above mean sea level. The entirety of the site lies within Flood Zone "X" according to Firm Map//120067 0215 D, map revised June 3, 1986. Do Surficial sediments on, and in the vicinity of the Project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the Project include: Malabar fine sand, Basinger fine sand and Boca fine sand, Holopaw fine sand, Oldsmar £me sand, Pineda find sand, limestone substratum, Boca, Riviera, Limestone substratum, and Copeland find sand, depressional. 1.1 1.6 PROJECT DESCRIPTION The Mirasol PUD is a residential single family and multi-family golf course community with a maximum of 799 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. Unlike most other residential communities the Mirasol Project has entered in a public / private partnership committed to being part of the solution for flooding issues plaguing parts of South Lee and Northeast Collier Counties, a drainage basin of 300 square miles. The regional benefit to this flood control will include improvements to vegetation and wildlife habitat both on-site and upstream. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "MIRASOL PLANNED UNIT DEVELOPMENT ORD " INANCE. 1.2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2.2 The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL mo Bo Co Development of the Mirasol PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County LDC and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to final subdivision plat, final site development plan, excavation permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Mirasol PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to .occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. Significant modification to the design, size or location of the flow-way and/or s~gnlfiCant changes to the Flow-way Agreement (Exhibit C of the Ordinance) as a result of, but not limited to, permitting or action taken by the parties to the agreement, shall.constitute a substantial change to the PUD and shall require a re-heating consistent with the provisions of Section 2.7.3.5.5. of the Land Development Code. 2.1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. Bo The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. MIRASOL LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Total Project 799 1558 +/- Min. Open Space ~ 60% N/A 935 +/- (Lakes, Preserves, Landscape Buffers, Golf Courses, Open Areas & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. 2.2 Co The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Eo Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Mirasol PUD subject to the requirements of Section 2.6.33.4 of the Collier County LDC. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County LDC, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the master property owners' association. The association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the master association, the Developer will create a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Mirasol PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South .Florida Water Management District. 2.3 2.8 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County planned unit development districts are 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 forth in the Collier County LDC, Section 2.2.20.1. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten-(10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mirasol PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Mirasol PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 2. 3. 4. 5. 6. o Essential services as set forth under the Collier County LDC, Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 2.4 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 2.10 2.11 Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking onto the Immokalee Road right-of-way. 2. Setback from exterior property lines - one half (1/2) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. o Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 935+/- acres included in the Recreation, Landscape/Open Space, Golf Course, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County LDC. NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 3.1 PURPOSE SECTION III RESIDENTIAL DEVELOPMENT AREAS 3.2 3.3 3.4 3.5 The purpose of this Section is to establish land use regulations and development standards for the Residential development tracts designated on Exhibit "A", the PUD Master Plan as "RG Residential/Golf". The Golf Course development standards will be regulated as per Section IV, Golf Course / Open Space. MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The property contains a gross acreage of 1558+/- acres and density of 0.51 dwelling units per gross acre. DISTRIBUTION OF DWELLING UNITS Dwelling units permitted in the Agriculture/Rural, Agriculture/Rural - Mixed Use District area may not exceed their underlying density as set forth in the Statement of Compliance until such time as the Future Land Use Element of the Collier County Growth Management Plan is amended in such a way that dwelling units may be shifted from Urban Residential to Agriculture/Rural, Agriculture/Rural - Mixed Use District area. GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages 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 Collier County LDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Usea 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 3.1 3.5 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "RG" District. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County LDC. 3. Common area recreational and utilitarian facilities. 4. 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 "R" District. DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for Categories 1-5 set forth in Table II apply to platted parcel boundaries. Co Fo Go Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County 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. Development standards for uses not specifically set forth in Table II shall be established during the site development plan approval phase as set forth in Division 3.3 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. Off-street parking required for the multi-family uses shall be accessed by parking aisles or driveways.which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall.separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed within the same development tract. 3.2 TABLE H MIRASOL COMMUNITY DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL AREAS Single Zero Lot Two Family Single Family Multi- PERMITTED USES Family Line and Duplex Attached and Family AND STANDARDS Detached Townhouse Dwellings Category 1 2 3 4 5 Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' 35' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20"3 Side Yard 7.5 0 or 10' 7.5' 7.5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10' 10' 10' 10' 10' Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet Distance Between Principal & 10' 10' 10' 10' 20' .6 Accessory Structures Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. * 1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes ~nd open spaces. Setbacks from lakes for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Engineering Review Section. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to thc uppermost finished ceiling elevation of the structure. *3 - Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 15' for the garage. *4 - Each halfofa duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Building distance may be reduced at garages. SECTION IV GOLF COURSE 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Tracts, designated as "G" and "RG". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 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. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. 6. Telecommunications facilities. 7. Communications tower. o .Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness .trails and shelters... Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4.1 4.3 Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this District. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. o Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. DEVELOPMENT REGULATIONS Ao Principal structures shall be set back a minimum of twenty feet (20') from golf course boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. Rear yards for principal and accessory structures on lots and tracts which abut a lake, non- jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into the design. Accessory structures shall be set back a minimum of ten feet (10') from golf course boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Co Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures Principal Structures - 2 stories or thirty feet (30'). Accessory Structures - 1 story or fifteen feet (15'). E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. Minimum lot or parcel area - None required. 4.2 Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County 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. 4.3 SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Mirasol PUD community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Mirasol PUD residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Wildlife sanctuary. 4. Pathways and/or bridges, subject to appropriate approvals by permitting agencies. 5. Recreational shelters and restrooms, in Preserve upland areas. 6. Drainage and water management facilities subject to all needed permits. _ 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 Preserve District. 5.1 5.4 DEVELOPMENT STANDARDS Ao Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County LDC. B. Lighting facilities shall be arranged to prevent disturbances to the preserves. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County LDC, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the Collier County LDC, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. The conservation easement utilized on this Project will provide for allowance of future permitting and mitigation of any impacted wetlands due to the final alignment of the future C.R. 951 corridor. 5.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title, is bound by the commitments within this document. 6.3 PUD MASTER PLAN Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the LDC, PUD amendments may be made from time to time. 3. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. Co The following shall be considered minor changes and refinements, subject to the limitations of Section 5.3A of this PUD. Due to the complexity of creating and permitting a regional flowway through the Project, reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review will be considered minor if there is no unacceptable net loss of viable functioning wetlands or native vegetation preserves as a result of the amendment. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into preserve areas. 6.1 3. Reconfiguration of design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENTfMONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Mirasol PUD Project is contemplated in the calendar year 2001 with completion of the project infrastructure anticipated to occur in stages. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. C. The Project is subject to the sunsetting provisions of Section 2.7.3.4 of the LDC. 6.5 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: .Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') fight-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. All other cul-de-sacs are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 6.2 6.7 All other local streets are required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the LDC. Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10 of the LDC. Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14 of the LDC provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. LDC, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. LDC, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. LDC, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 feet. with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. LDC, Subsection 3.2.8.4.16.9: The minimum 75 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. LDC, Subsection 3.2.8.4.21: The standard for blank utility casings shall be waived. TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: _ -. The applicant shall install arterial level street lighting at the project entrance prior to the granting of any certificates of occupancy for the Project. The applicant shall be responsible for the cost of a traffic signal system at the project entrance, if a signal system is found to be warranted and approved by the County. 6.3 Do Go Ho Lo Work within any Collier County fights-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. The project access shall be located and designed in conformance with the Collier County Access Management Policy applicable to this Project. Access to Broken Back Road, (the future extension of C.R. 951), if any, shall be consistent with the access management plan in place at the time of development. The Project right-of-way reservation for C.R. 951 shall be generally 100 feet along the eastem section line of Sections 10, 15 and 22. The Project will also generally provide same 100 feet along the eastern section line of Sections 15 and 22, 200 feet as it proceeds northwest across the northern half of Section 15 and the southern half of Section 10, and 100 feet at the western section line of Section 10 as an alternate alignment. The specific fight-of-way alignment shall be determined by a detailed corridor evaluation. The right-of-way dedication shall be made upon request of the County. The road impact fee credits shall be in accordance with the consolidated Impact Fee Ordinance in effect at the time of dedication. The conservation easement shall provide for the future permitting and mitigation of any impacted wetlands due to the final alignment and construction of the future C.R. 951 corridor. The Project shall provide a pedestrian pathway to be located along the Immokalee Road fight-of- way on the north side of the canal. The Project will provide interconnection to the adjacent property, future Activity Center, located within the southeast portion of Section 22. The County may modify, including closure, any median opening on Immokalee Road, if in the opinion of the County, any operational or safety consideration makes such modification necessary or desirable. Prior to the first PSP or SDP approval, the applicant shall provide a detailed transportation analysis of the system of Immokalee Road from Old Cypress Boulevard (Future Logan Boulevard Extension) to C.R. 951. Should the analysis identify deficiencies or operational/safety problems, the applicant shall either be limited to the amount of development that may occur or provide the necessary mitigation at the applicant's cost to meet level of service requirements. Said determination shall be required prior to the first PSP or SDP approval. The value of land purchased from the property owner by the County for any of the future C.R. 951 (Collier Boulevard) fight-of-way shall be a value not to exceed current land values at the time ofrezoning, and shall be based on the value associated with the property's former Rural Agricultural zoning designation. 6.4 6.8 UTILITIES Due to the construction of the regional flowway through the Mirasol Project, it is anticipated that a Community Development District may be necessary to fund this public facility as well as other essential project services. The development of this PUD Master Plan shall be subject to and governed by the following conditions: This Project lies within three sections, the part of the Project in Section 22 lies within the current Urban Area. Existing utilities necessary to serve the Project are located along the southern border of Section 22, within the Immokalee Road right-of-way. To provide service to Section 22, utilities will be extended internally. Section 15 is located outside the current Urban Services Area. The proposed development in Section 15 consists of a golf course, residential and accessory uses, such as the clubhouse and maintenance facility. Septic systems and wells will be utilized in the event that Paragraph B.5. of this Subsection cannot be implemented. o Section 10 is also located outside the current Urban Services Area. The proposed development in Section 10 consists of only a golf course and accessory uses such as a clubhouse and maintenance facility. A septic system and well will be utilized for each structure. Due to the natural barrier created by the creation of the flowway, extension of water and sewer facilities is not feasible. B. In the portion of the Project within the urban area the following stipulations apply: Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the Project, the sewer customers shall be customers of the utility established to serve the Project until the County's offsite sewer facilities are available to serve the Project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During the design phase of these facilities, the following features shall be incorporated into the distribution system: 6.5 a. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. The utility construction documents for the Project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which may ultimately connect the Project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the Project's sewerage, should connection to the County's central sewer facilities ever become available. 6.9 5. Landowner may apply for water and sewer service from a public or private utility provider. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Bo Co Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated into conservation areas which shall be platted or recorded as conservation easements. Do go An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval. As a part of the environmental resource permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) permitting, recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this Project. The Petitioner shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, red-cockaded woodpecker, and all other protected species which inhabit or utilize this Project. 6.6 6.10 ENGINEERING Co This Project shall be required to meet all County ordinances in effect at the time final construction documents are submittal for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2. Prior to final site development plan approval, a right-of-way permit will be required. 6.11 WATER MANAGEMENT o The Mirasol Project, as a part of a public-private partnership, will provide design, permitting and construction of a regional flowway in conjunction with the existing Olde Cypress PUD and the proposed Terafina PUD. The creation of a Community Development District may be necessary to help finance this public facility as well as other essential project services. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to final site development plan approval. An excavation permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County LDC and SFWMD Rules. 6.12 PLANNING Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.7 6.14 SIGNS All signs shall comply with Division 2.5 of the Collier County LDC in effect at the time of building permit application. 6.15 LANDSCAPING A. Landscaping for the perimeter berm, if required, shall be in conformance with Section 2.4.4.8 of the LDC. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Trees shall be a minimum of 75% native species. 3. Shrubs shall be a minimum of 35% native species. All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County LDC in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County LDC whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume .excavated unless a commercial excavation permit is received. B. _ All other provisions of sai.d Division 3.5 of the Collier County LDC are applicable. 6.8 6.17 PROVISION FOR ACCESS TO OUT PARCEL IN SECTION 10 A temporary easement shall be granted to the parcel owned by Alfonso Terlizzi, his successors or assigns, at a location specified by Mirasol. At such time that the northern portion of the Mirasol PUD has access to a public road, the Developer shall provide reasonable access from the Alfonson Teflizzi parcel across the Mirasol PUD to the public road. Both the temporary and permanent easements shall be granted to Mr. Terlizzi, his successor or assigns, at no cost. However, due to the environmental constraints of Section 10, Mr. Terlizzi may be required to revise the South Florida Water Management Environmental Resource Permit for Mirasol and provide mitigation for any impacts created by the construction of this access. 6.9 II II ROAD Legal Descriptions Exhibit B Section 10 All that part of section 10, township 48 south, range 26 east, Collier County, Florida less and except the follwoing five (5) parcels: The south ~ of the northeast ¼ of the northwest ¼, The south v2 of the southeast ¼ of the southeast ¼, The northeast ¼ of the southeast ¼ of the southeast ¼, The south 30 feet and east 74 feet of the north 1~ of the east ½ of the south ~ of the northeast ¼ of the northeast ¼, The north 30 feet and east 74 feet of the south v2 of east ~ of south ½ of northeast ¼ of the northeast ¼. Section 1 5 All that part of section 15, township 48 south, range 26 east, Collier County, Florida Less and except The north ~ of the southwest ¼ of the southwest ¼ of the southwest ¼, and The south ~ of the southwest ¼ of the southwest ¼ of the southwest ~,4 Section 22 All that part of section 22, township 48 south, range 26 east, Collier County, Florida The northeast ~,4 of the northwest ~,4, and the east ~ of the northwest ¼ of the northwest ¼, The west ~ of the southeast !,4 of the northwest ¼, The east ~ of the northwest ¼ of the southeast 1,4, The east ~ of the southeast ¼ of the northwest ¼, The northwest ¼ of~the northeast ¼; and the west ~/~ of the northeast ~,4 of the northe&s_ t ~, The east ~ of the northeast ¼ of the northeast ¼, The west ~ of the southwest ¼ of the northeast ¼, The east ~ of the southwest ¼ of the northeast ¼, The east ½ of the northeast ¼ of the southwest The east ~ of the west ~ of the southeast ~ of the southwest ¼, The west 1~ of the east ¥~ of the southeast ~,4 of the southwest ¼, The east ½ of the east ~ of the southeast ¼ of the southwest ¥4, The north ½ of the west ~/~ of the northwest I~ of the southeast ~,4, The southwest ~,4 of the northwest 1,4 of the southeast ~, The west ~ of the southwest ~z~ of the southeast ¼, The west ~ of the east ~ of the southwest ¼ of the southeast ¥4, Exhibit "C" FLOW-WAY AGREEMENT THIS FLOW-WAY AGREEMENT (the "Agreemem") is made by and between J.D. Nicewonder, Robert Vocisano and Olde Cypress Development Inc., (hereat~r collectively referred to as "the Parties") whose addresses are set forth in Paragraph M below. 1. WHEREAS, J.D. Nicewonder is the owner of a pamel of property dontainiag approximately 1558 acres described in Exhibit A on which will be developed a project known as MIRASOL (hereafter referred to as "MIRASOL"); and 2. WHEREAS, Robert Vocisano is the owner of a parcel of property containing approximately 646 acres described in Exhibit B on which will be developed a project known as TERAFINA (hereafter referred to as "TERAFINA" a.k.a. Wildwood); and 3. WHEREAS, Olde Cypress Development Inc. is the owner of a parcel of property containing approximately 500 acres described in Exhibit C on which is developed a project known as Olde Cypress (hereafter referred to as "OLDE CYPRESS"); and 4. WHEREAS, MIRASOL and TERAFINA desire to permit, consm.tct, operate and maintain a flow-way for the discharge of surface waters fxom MIRASOL and upstream properties to the Cocohatchee Canal. A conceptual sketch of the proposed flow- way (hereafter "Flow-Way") is set forth in Exhibit D and. 5. WHEREAS, the general design of the proposed Flow-Way will call for the construction of a series of connected lakes (hereaf~r "Chain of Lakes"), and other Page I conveyances along the exterior boundaries of the Flow-Way which will serve to convey surface water south to the Cocohatchee Canal as well as preserve, enhance, and restore the interior of the Flow-Way (including restoring hydro-period to the wetlands/marsh area and preservation of isolated uplands); and 6. WHEREAS, the Parties desire that MIRASOL, as part of its application submittals for its project in sections 10, 15 and 22, shall include the design and modeling information for all of the Chain of Lakes; and 7. WHEREAS, TERAFINA has cross-referenced this information in its applications to SFWMD and the USACOE, and OLDE CYPRESS has agreed to modify its existing SFWMD/USACOE permits to include the Chain of Lakes; and $. WHEREAS, the obligations of MIRASOL, TERAFINA and OLDE CYPRESS as provided for in this AGREEMENT are contingent upon the final SFWMD, and Collier County zoning approvals for the MIRASOL and TERAFINA projects within twenty-four months from the date of this Agreement. NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound hereby, mutually covenant and agree as follows: A. OBJECTIVES. MIRASOL and TERAFINA reco~ize the need for a tmified position and cooperative effort in order to most effectively and efficiently obtain the necessary approvals for construction of the Chain of Lakes. The Parties further recognize that the Flow-Way, incl~rling the Cbair~ of Lakes, will be an integral part of their respective projects. The Page 2 of 18 mutual objectives of the Parties in desi~tming, permitting and constructing the Chain of Lakes are as follows: 1. MIRASOL will apply to the South Florida Water Management District for an Environmental Resource Permit, the .US Army Corps of Engineers for a Section 404 Dredge and Fill Permit and Collier County for a Clearing and Excavation Permit as necessary to construct the Chain of Lakes. TERAFINA and OLDE CYPRESS will include the Chain of Lakes in their respective permitting applications relying on designs and calculations generated by MIRASOL so as to ensure consistency amongst 'the submittals. Permitting of those portions of the Flow-Way within each Party's ownership or control, other than the Chain of Lakes, will be the responsibility of the individual Parties. MIRASOL agrees to pay all permitting costs incurred by OLDE CYPRESS relating to the Chain of Lakes and the Flow-Way. 2. The Chain of Lakes will be designed to eliminate the need for compensating storage on MIRASOL and TERAFINA. 3. The Chain of Lakes will be designed to minimize environmental impacts within the footprint of the Chain of Lakes System, and to provide offsite hydrologic improvements, resulting in net positive mitigation credits to compensate for any environmental impacts attributable to construction of the Chain of Lakes (see Paragraph B & C below). MIRASOL and TERAFINA shall be responsible for meeting the mitigation requirements resulting from their Page 3 of 18 o individual projects, and may use the portion of the Flow-Way within their ownership or control, other than the Chain of Lakes, to offset any mitigation MIRASOL will satisfy requirements that may be imposed. any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow-Way. Each Party shall be responsible for constructing that portion of the Chain of Lakes within its ownership or control. MIRASOL shall bear initial operating and maintenance responsibilities for the Flow-Way. If TERAFINA uses the Flow-Way as its "outfall", then TERAFINA will reimburse MIRASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. MIRASOL shall pay the operation and maintenance expenses for that portion of the Chain of Lakes within the OLDE CYPRESS property. Once constructed and operational, the parties intend to convey the Chain of Lakes to the Big Cypress Basin Board (hereafter "BCBB") of the South Florida Water Management District for operation and maintenance as a Work of the Basin. If not accepted by BCBB, the parties will convey to such other governmental or quasi-governmental entity acceptable to b°th the parties and regulating governments. In the event the BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long-term maintenance expenses) MIRASOL shall Page 4 of 18 Co pay its own and OLDE CYPRESS'S pro mm share, and if TERAFINA utilizes the Flow-Way as its "ouffall", then TERAFINA shall pay its pro rata share. MITIGATION FOR CHAIN OF LAKES. As set forth in Paragraph A the objective of MIKASOL and TERAFINA is to design, permit and construct the Chain of Lakes in a manner that will eliminate compensating storage, and improve offsite hydrologic conditions in this watershed. MIRASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIKASOL's objective is to have any environmental impacts associated with construction of the Chain of Lakes mitigated by the above- &scribed improvements and to meet the environmental mitigation required by SFWMD/USACOE for the OLDE CYPRESS modification. Any mitigation requirements or credits attributable to the Chain of Lakes within OLDE CYPRESS and TERAFINA shall be assumed by MIRASOL. If TERAFINA utilizes the Chain of Lakes and Flow-Way as its ouffall, then TERAFINA shall assume any mitigation requirements or credits relative to construction of the Chain of Lakes within TERAFINA. All mitigation requirements and credits for the Flow-Way other than the Chain of Lakes shall be the sole responsibility of the individual Parties and are outside the scope of this Agreement. MIRASOL and TERAFINA shall work with the respective agencies to satisfy mitigation requirements as mandated by their individual permits for their projects.' CONSTRUCTION. Each Party shall be responsible for constructing that portion of the Chain of Lakes within the property under its ownership or Page 5 of 18 Do control, however the portion of the Chain of Lakes within the OLDE CYPRESS property will be constructed by TERAFINA. Such construction shall be in strict compliance with the terms and conditions of any and all permits or approvals relating to the Chain of .Lakes. If construction is not timely undertaken by TERAFINA pursuant to the timeframes established and agreed upon by the Parties in the final construction schedule, MIRASOL shall be entitled to enter TERAFINA and OLDE CYPRESS and complete construction as designed. Any construction activities by a Party resulting in the issuance of a Notice of Violation or imposition of penalties by a permitting agency shall be the responsibility of the individual Party to cure and bring into compliance with the applicable agency regulations, bearing all costs for same. MIRASOL, as permittee of the Chain of Lakes shall maintain the right to ensure permit compliance by all Parties, including, but not limited to, the fight to cure permit violations and recover from the offending Party all costs associated therewith. MIRASOL shall be responsible to construct the outfall structure located in OLDE CYPRESS and further described in paragraph L below. INTERIM AND LONG TERM MAINTENANCE AND OPERATION. On an interim basis, MIRASOL will be directly responsible for the operation and maintenance expenses of the Chain of Lakes. It is the intent of the Parties, however, that upon completion the Chain of Lakes it will be transferred to the BCBB. The tern and conditions of this transfer will be set forth in the SFWMD Permit and each entity shall tmn.qfer its interests Page 6 of 18 accordingly. In the event that the BCBB does not accept these responsibilities, the Parties agree that a single entity (association or CDD) may be formed to operate and maintain the Chain of Lakes. Such entity shall be created when required by either the USACOE or SFWMD permit. OLDE CYPRESS, which is not benefited by the Chain of Lakes, shall not be required to join the CDD, share pro-rata in the maintenance and operation costs discussed below, or share in the cost of formation of the entity responsible for long term maintenance. The Parties agree that any current or furore project utilizing the Chain of Lakes and Flow-Way for water management discharge will contribute to the maintenance and operational costs of the Chain of Lakes. A single project's pro-rata cost contribution shall be in proportion to its percentage of the total contributing project development acres that outfall into Chain of Lakes and Flow-Way. The calculation of development acres shall exclude lands within the Flow-Way TERAFINA's obligation to pay a pro-rata cost share of the formation of an association or CDD, interim and long-term operation and maintenance costs is conditioned upon'TERAFINA utilizing the Flow-Way as its water . management "outfall". TERAFINA'S current water management plan utilizes an ouffall west of the canal weir structure fronting OLDE CYPRESS. MIRASOL shall be responsible for creating the entity,' the Parties shall cooperate by executing such documents as necessary to create the entity and to give such entity authority to operate and mains the Chain of Page 7 of 18 Eo Fo Lakes. Long term maintenance and operation of the Flow-Way, other than the Chain of Lakes, shall be as set forth in each Party's individual permits for their respective projects. STUDIES AND OTHER MATER/ALS. permit applications, the correspondence, reports and To assist in the completion of Parties shall provide MIRASOL all other documents involving their property which they feel may affect the Chain of Lakes, including but not limited to governmental approvals or pending applications for Governmental approvals; soil reports; surveys and planning studies; flood plain analyses; aerial photographs, topographical maps and studies; engineering studies and plans; and any abstracts of rifle, title opinions, rifle insurance policies or title documents which relate to the condition or development of the Chain of Lakes. Documentation of each Party's legal and financial control of their property should also be provided. It is understood that the information above should be limited to that which bears relation to the Chain of Lakes area only and that will assist in the efficient preparation of application submittals. Nothing in this sub-paragraph is intended to require the Parties to submit privileged information or general information concerning their property not helpful to the objectives of this Agreement. COUNTY APPROVALS. As part of its project submittals MIRASOL will prepare and submit applications and required supporting documentation necessary to obtain County clearing' and excavation permits necessary for the Chain of Lakes. TERAFINA and OLDE CYPRESS will provide the necessary authorization required for Page 8 of 18 MIRASOL to act in their behalf for obtaining these County approvals. If TERAFINA utilizes the Flow-Way for its ouffall, TERAFINA shall reimburse MIRASOL for its pro-rata share of obtaining the approvals, up to a maximum amount of $ 20,000. CONSTRUCTION COSTS. Each Party shall construct that portion of the Chain of Lakes within each of its respective properties except as noted in paragraph C. All fill material obtained by a Party during construction shall remain the property of that Party to utilize or dispose of as desired. In the event a party fails to initiate and complete construction of their portion of the Chain of Lakes, consistent with the timeframes established in the final construction schedule, MIRASOL shall have the right to construct that portion of the project and, as full compensation, retain all fill material obtained during construction. To remove any incentive for TERAFINA to abandon construction following the removal of all org_anic or easily obtainable/valuable material, the Parties agree that MIRASOL is authorized to complete any portion of the project abandoned by TERAFINA and to recover all construction costs associated with same (as well as any remaining spoil material, the value of which shall be deducted from the total recoverable costs). .PARTIES REPRESENTATIONS WITH RESPECT TO THE PROPERTY. Each Party hereby represents to MIRASOL that as of the Effective Date they: (i) have the sufficient legal authority to conduct the proposed activities on that portion of their property included within the Chain of Page 9 of 18 Lakes (proper documentation must be forwarded to MIRASOL for inclusion in the permit application package). (ii) are not aware of pending or threatened condemnation or similar proceeding affecting their property included within the Chain' of Lakes or any portion thereof; (iii) are not aware of legal actions, suits or other legal or administrative proceedings pending that affect that portion of their property included within the Chain of Lakes (other than the current proceedings instituted by TERAFINA against the South Florida Water Management District). (iv) are not aware of any oral or written service, maintenance, landscaping, security, management or similar contract which could affect the operation or maintenance of that portion of their property included within the Chain of Lakes; (v) are unaware of any leases, oral or written, affecting that portion of their property included within the Chain of Lakes or any part thereof, nor any other right, title or interest granted to any other individual or entity; (vi) the persons signing below represent that they are duly authorized to execute this Agreement; and (vii) do not believe there to be any adverse or other parties in possession - of their property included within the Chain of Lakes; INDEMNIFICATION. The Parties hereby agree to defend, indemnify, save and hold MIRASOL harmless from and against any and all liabilities and claims, other than MIRASOL's own negligence or willful misconduct, regarding or relating to the pemaitting or construction of the Chain of Page 10 of 18 Lo Lakes including any property damage or contractual liability resulting from any acts or omissions of MIRASOL arising under its obligations set forth in this Agreement. ASSIGNMENT. In the event a Party conveys its interests in the above- described properties, this Agreement, together with its correspondia, g responsibilities, obligations and liabilities shall be assigned to the new owner of the property and that new owner shall assume all responsibilities, obligations and liabilities set forth herein. CHAIN OF LAKES EASEMENT. The Parties understand that the final configuration and location of the Flow-Way and Chain of Lakes will depend upon SFWMD permitting. Once final, the Parties will execute sUfficient consm~tion, maintenance and drainage conveyance easements to satisfy the intent and obligations of the Parties set forth herein. The easements shall be in a form acceptable to SFWMD or other appropriate governmental entity. DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall permit and construct the outfall structure that will provide the discharge from the Chain of Lakes to the Cocohatchee Canal. To allow construction, long-term operation and maintenance of this structure, OLDE CYPRESS shall, provide to MIRASOL a not to exceed, forty-five wide non-exclusive easement on the western boundary of Lot # 1 of Preserve Commons. The easement shall be executed and held in escrow by Quarles and Brady until SFWMD and Collier County zoning approvals Page 11 ot' 18 Mo No for TERAFINA are obtained, at which time it will be released to MIRASOL. ADDITION OF OTHER PARTIES TO THE AGREEMENT. Providing the design capacity of the Chain of Lakes (580 cfs) has not been exceeded, MIRASOL shall have the unilateral right to approve other Parties to join in this Agreement and discharge to the Chain of Lakes under appropriate terms and conditions that shall be set forth in an addendum to this .Agreement. Should the design capacity of the Chain of Lakes be exceeded, then additional Parties could only join in this Agreement with the unanimous approval of all current signatories to the Agreement. NOTICES. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in U.S. Mall, postage prepaid, within the time limit. For the purpose of calculating time limits, time shall be calculated from actual receipt of the invoice or notice. Time shall run only on business days which, for purposes of this Agreement, shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follow: MIRASOL Ad&ess cio Don Milarcik Celerity Construction 6205 Carlton Lakes Blvd. Naples, FL 34110 With Required Copy to: Stephen Walker Lewis, Longmaa & Walker, 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, FL 33401 Page 12 of 18 TERAFINA Robert Vocisano 4100 Golden Gate Blvd Naples, F1 34116 Tim Haines Quarles and Brady 450l Tamiami Trail N. Suite 300 Naples, Fl 34103 Po Qo OLDE CYPRESS c/o Paul Hardy 5692 Strand Court, Naples, F1 34110 Frank Matthews Hopping, Green, Sams & Smith 123 South Calhoun Street P.O. Box 6526 Tallahassee, FL 32314 DISPUTE RESOLUTION. All claims, disputes and other matters in question between the Parties to this Agreement arising out of or relating to this Agreemem or the breach thereof, shall be decided by mandatory and binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA") currently in effect unless the Parties mutually agree otherwise. EFFECTIVE DATE. The Effective Date hereof shall be the date the last Party hereto executes this Agreement. TIME. Time is of the essence in this Agreement. PARTIES. The fights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto, their heirs, successors, administrators, consultants, agents and assigns. A Party assigning his 'righls or obligations' under this provision should immediately provide notice of such (including name, address and relevant information of assignee) to all remaining Parties. As used in this Agreement, any gender shall be deemed to refer to the appropriate gender, whether masculine or Page 13 of 18 Mo feminine, and the singular shall be deemed to refer to the plural where appropriate, and vice versa. PARTIAL INVALIDITY. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion of this Agreement shall be stricken and the remaining portion of this Agreement shall remain in full force and effect. WAIVER OF BREACH. The failure of any Party hereto to enforce any provision of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other subsequent breach. ATTORNEY'S FEES. In the event arbitration and/or litigation is required by any Party to enforce the terms of this Agreement, the prevailing Party of such action shall, in addition to all other relief granted or awarded by the court, be entitled to judgment for reasonable attorneys' fees incurred by reason of such action~ and all costs of suit and those incurred in preparation thereof at both the trial and appellate levels. Nothing in this paragraph shall diminish, detract from or affect the Parties' agreement to arbitrate disputes as set forth in paragraph O. ENTIRE AGREEMENT. This Agreement, including the Exhibits attached hereto, which are incorporated herein by refer.nee, contains the entire Agreement between the Parties and ail other representations, page 14 of 18 Yo ge negotiations and agreements, written and oral, are superseded by this Agreement and are of no fOrce and effect. This Agreement may be amended and modified only by insmmaent, in writing, executed by all Parties hereto. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, with all such counterparts constituting a single imtmment. CAPTIONS. The captions contained herein are for convenience only and are not a part of this Agreement. APPLICABLE LAW. This Agreement shall be construed by and controlled under the laws of the State of Florida. NO AGENCY OR JOINT VENTURE. This Agreement shall not be construed to in any way establish a partnership, joint venture, or express or implied employer-employee relationship between the Parties. Page 15 of 18 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and of PF~ t C_ , 2'001. Wimesses: Paul Hardy, President / / Olde Cypress Development, linc Page 18 of 18 ~-20-01; Z:5?DM;HARDY DEVELOPMENT ;g41 59Z 7541 ~ 20/ IN W]TN'E$S ~OF, r~ said Paz-ci~s have ~o s~ their h~nds aad IN WITNESS WHEREOF, the said Partiea have hereunto set their hands and seals the a~.~ of ,,'q~/~'.2"L.. ,2001. J: D. NICEWONDER Page 17 of 18 ~NGE 26 ~ST SECTIONS 10, 15 & PORTIONS OF 22 TOTAL PROPER~ = 1558 Ac.~ Flow Way Agreement Exhibit A 16 TERAFINA ( PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH RANGE 26 EAST _LSECTION 16 OTAL PROPERTY = 646 Ac.:l: ,500 1000 2000 __ SCALE IN FEET 21 IlllnrA Bill IIIIIlll IIBIIILT'~ IIlBII [,,==,;DRUNDAGE, INC. Professional Engineers, Manners ~; Land Surveyors C4dl~ Ceum~ 7400 Tamiami Ttnd N. * Nqsim, FL - 34108 - PLt ~4 I) S~7-~l'tl - h~ ImCout~ 162SHadrySuwc-lre~My~n, FL3~4)O! - Pl~(941)JJT-3111-h~(~41)~34-l175 Ca'~fi~ Of Autlm~u~oa ~oL/.,B ~64 mud EB 3664 PROJECT NAME ,- DRAWING 'R'fLE TERAFINA P.U.D. SECTION 16, T 48S, R 26 E Flow Way Agreement Exhibit B DRN BY: ROP ABB PROJECT No.: 7883 CHK. BY: Fl~ ACAD FILE NAME: 7885FWAEX01 DATE: 04/30/01 DRAW1NG FILE No.: -- SCALE: I"= 1000' SHEET I Of I ~:~u.ZZ-/,..:~ ~I II ~.~'ITI-Iil]I'IIII'IlI'II'Ij~,:---~-,.:._._~_~:::..'~'~..-~-' ,/',~:.:.:.:.:.:.:.:~',-,~"-~.:.\ ~ ,'~'~' :1"~-~,~'~~ ~"'::::~: ~:::1 ~ w,~ ? I! '~-I i:-.:-i:!'~..'~ :i:i:i:.. I : ~. .... .? ,..:.:i:i:~.: · ::~.::ii' ':::"~":":' :~:::::' ,:-~: ~, .:.i~:' .. :.:.:.~ .:.:iL '_i : ~ ..... ~:~:~bi:i:i:i:i:!:':.:.::::i:i:!:i:!:!: OLDE CYPRESS PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH ~NGE 26 ~ST SECTION 21 TOTAL PROPER~ = 500 Ac.~ · ' ~I,,I,I~~A~, ~C. ~ ~ PROJECT NAME,- DRA.NG ~ OLDE CYPRESS SECTION 21, T 48S, R 26 E ~ Flow Way Agreement o 500 ~ooo 2000 Exhibit C DRN BY: ROP ABB PROJECT No.: SCALE IN FEET cH~. BY: F~ ACAD FIL[ NAU[: 7883FWA~X01 DATE: 04~30~01 DRA~NG FiLE No,: -- SCALE: 1" = 1000' SHEET TERAFINA OLDE CYPRESS ,. -I tfl ~.Jl FLOW WAY (CHAIN of LAKES) IS LOCATED IN: TOWNSHIP 48 SOUTH RANGE 26 EAST SECTIONS 15, 16 & 21 TOTAL AREA @ C.E. = 99 Ac.+ 0 1000 2000 4000 SCALE IN FEET MIRASOL bi ~,gmy:162J H.ldfyJuet -F~mMye~ LUL 33~01 - i~d (IhU) JJt. Jlll-F4ut: (941)3~4-117S PROJECT NAME 7' DRAWING TITLE FLOW WAY (CHAIN of LAKES) SECTIONS 15, 16 & 21, T 48S, R 26 E Flow Way Agreement Exhibit D DRN BY: ROP AB8 PROJECT No.: 788.:3 CHK. BY: FI4~ ACAD FILE NAME: 7883FWAEXO~_ DATE: 04/30/01 DRAWING FILE No.: SCALE: 1" = 2000' SHEET 1 OF 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. 2001-20 Which was adopted by the Board of County Commissioners on the 24th day of April, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of May, 2001. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board By: Ellie Hoffman, Deputy Clerk