HEX Agenda 07/13/2017
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JULY 13, 2017 IN CONFERENCE ROOM 610 AT
THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N.
HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE
HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,
AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO
RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
NOTE: This item was continued from the the June 22, 2017 HEX Meeting.
A. PETITION NO. NUA-PL20160003227 – Petitioner, Caribbean MHC Owner LLC requests a
non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow 8 mobile homes on
property zoned General Commercial District (C-4) along Colby Court and Tyler Court, of which 6
are existing and 2 were previously removed. The subject property is known as the Caribbean Park
Community and consists of 51.75± acres of land located at the northeast corner of US 41 and
Wiggins Pass Road in Section 15, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner]
B. PETITION NO. ZLTR(CUD)-PL20170001085 – Rook at Naples I, LLC requests affirmation of
a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section
10.02.06, in which County staff determined that the proposed uses of beauty shop (SIC 7231) and
barber shop (SIC 7241) are comparable in nature to those commercial uses permitted in Section 4.4
A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended. The subject property is located on
the east side of Collier Boulevard, approximately one half mile south of Tamiami Trail East, in
Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 82± acres.
[Coordinator: Rachel Beasley, Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
AGENDA ITEM 3-A
CoiL'ier County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION—ZONING SERVICES SECTION
DATE: JULY 13, 2017
SUBJECT: NUA-PL20160003227 CARIBBEAN PARK COMMUNITY
OWNER/APPLICANT/AGENT:
Owner/Applicant:
Caribbean MHC Owner, LLC
6547 North Avondale Ave #301
Chicago, IL 60631
REOUESTED ACTION:
Agent:
Gary Muller, AICP
Johnson Engineering, Inc.
2350 Stanford Court
Naples, FL 34112
The petitioner requests the Collier County Hearing Examiner approve a non -conforming use
alteration (NUA) in accordance with Collier County Land Development Code (LDC) Section
9.03.03.B to allow eight mobile homes on property zoned General Commercial District (C-4).
GEOGRAPHIC LOCATION:
The subject property is located at the northeast comer of US 41 and Wiggins Pass Road in Section
15, Township 48 South, Range 25 East, Collier County, Florida. (See location map on page 2).
NUA-PL20160003227 Caribbean Park Cmmunity Pagel of 7
July 5, 2017
Location Map
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Petition Number: PL20160003227
Zoning Map
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Petition Number: PL20160003227
Zoning Map
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner requests an NUA to allow eight mobile homes to be considered legal non-
conforming and eligible for future alterations and replacement. The subject property is known as
the Caribbean Park Mobile Home Park, hereinafter referred to as "Caribbean Park," and consists
of 51.75± acres. The mobile home sites that comprise this request are located on Colby Court and
Tyler Court on land zoned C4. The C-4 zoning district does not permit mobile homes.
SURROUNDING LAND USE & ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the eight mobile home sites:
North: Right-of-way for Sunrise Boulevard, then farther north is the recreation area with a
zoning designation of Mobile Home (MH).
East: Mobile homes with a zoning designation of MH. The right-of-way for Colby Court
is east oftwo of the eight mobile home sites (2001 Tyler Court and 2007 Colby Court).
South: Mobile homes with a zoning designation of MH.
West: Commercial property with a zoning designation of C4. The right-of-way for Tyler
Court is west of two of the eight mobile home sites.
NUA-PL20160003227 Caribbean Park Community Page 3 of 7
July 5. 2017
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject site is designated Mixed Use Activity Center Subdistrict (#20) on the Future Land Use
Map (FLUM) in the Collier County GMP. Relevant to this petition, this Subdistrict allows the full
array of commercial zoning and uses as well as residential uses at a maximum density of 16
dwelling units per acre. The Future Land Use Element does not address zoning nonconformities,
only FLUM nonconformities (properties deemed "consistent by policy" as provided for in
Objective 5 policies). The existing C-4 zoning is consistent with the Mixed Use Activity Center
Subdistrict.
ANALYSIS:
Caribbean Park is not platted. Caribbean Park is considered one property for zoning purposes, as
there is only one Property Appraiser's Office folio number for the entire development (Parcel
ID#00153360008). It is believed Caribbean Park was established in the early 1970s; however, the
earliest Zoning Map kept on file by the County Clerk's Office only dates to 1974. At least one of
the eight mobile home units was in place when the 1974 zoning map was in effect. The fact
remains that the County does not have any record of the first zoning map that was in effect for
Caribbean Park. Staff suspects the eight sites may have been zoned in a commercial district that
did not allow mobile homes; however, there is no way to prove from the beginning what the zoning
was in effect, due to the lack of complete record keeping.
Any preexisting, lawfully permitted mobile homes located within the C-4 are deemed legal non-
conforming pursuant to LDC Section 9.03.03 in accordance with the following:
Where a structure lawfully exists at the effective date of the adoption of this ordinance or
relevant amendment that could not be built under the LDC by reason of restrictions on lot
area, lot coverage, height, yards, location on the lot, or requirements other than use
concerning the structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
1. No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof may be altered to
decrease its nonconformity; provided, however, that the alteration, expansion, or
replacement of nonconforming single-family dwellings, duplexes or mobile homes shall be
permitted in accordance with LDC Section 9.03.03 B.4.
2. Should such nonconforming structure or nonconforming portion of a structure be
destroyed by any means to an extent of more than 50% of its actual replacement cost at
time of destruction, as determined by a cost estimate submitted to the site development
review director, it shall not be reconstructed except in conformity with provisions of the
LDC.
3. Should such structure be moved for any reason for any distance whatever, other
than because of governmental action, it shall thereafter conform to the regulations for the
district in which it is located after it is moved.
NUA-PL20160003227 Caribbean Park Community Page 4 of 7
July 5, 2017
4. Nonconforming residential structures, which for the purpose of this section shall
mean detached single-family dwellings, duplexes or mobile homes in existence at the
effective date of this zoning Code or its relevant amendment and in continuous residential
use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier
County Planning Commission and approval of the Board of Zoning Appeals by resolution.
5. Notwithstanding the foregoing restrictions as to reconstruction, any residential
structure or structures in any residential zone district may be rebuilt after destruction to
the prior extent, height and density of units per acre regardless of the percentage of
destruction, subject to compliance with the applicable building code requirements in effect
at the time of redevelopment. In the event of such rebuilding, all setbacks and other
applicable district requirements shall be met unless a variance is obtained from the Board
of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be
considered to be a residential structure. Since the size and nature of the alteration,
expansion or replacement of such nonconforming structures may vary widely, a site plan,
and if applicable, preliminary building plans indicating the proposed alteration, expansion
or replacement shall be presented with each petition.
Prior to granting such alteration, expansion or replacement of a nonconforming single-family
dwelling, duplex or mobile home, the following standards and criteria shall be considered:
a. The alteration, expansion, or replacement will not increase the density of the parcel
or lot on which the nonconforming single-family dwelling, duplex, or mobile home is
located.
This request is for the replacement or alteration of eight of the existing mobile home sites
that were contemplated in the design of Caribbean Park; therefore, the density on the parcel
will not increase. However, staff is recommending that ultimately, Caribbean Park shall
not have more than 358 sites.
b. The alteration, expansion, or replacement will not exceed the building height
requirements of the district most closely associated with the subject nonconforming
use.
The eight mobile home sites are located in the C-4 zoning district; however, the district
with which the non -conforming use most closely associates with is the MH zoning district.
The maximum building height in the MH zoning district is 30 feet. Staff is not aware of
any existing structure greater than 30 feet in Caribbean Park, and staff is recommending a
condition that any new dwellings shall be limited to a maximum of 30 feet in height.
C. The alteration, expansion, or replacement will not further encroach upon any
nonconforming setback.
Staff recommends a condition of approval that would limit further encroachment.
NUA-PL20160003227 Caribbean Park Community Page 5 of 7
July 5, 2017
d. The alteration, expansion, or replacement will not decrease or further decrease the
existing parking areas for the structure.
A reduction in parking requirements has neither been sought nor has any action regarding
this issue been addressed as part of this petition. Since sites would be replaced one-for-
one, there is not anticipated decrease in off-street parking.
e. The alteration, expansion, or replacement will not damage the character or quality of
the neighborhood in which it is located or hinder the proper future development of
the surrounding properties; and
This petition is unlikely to damage the character or quality of the commercial district in
which it is located.
f. Such alteration, expansion, or replacement will not present a threat to the health,
safety, or welfare of the community or its residents.
The subject nonconforming use will not present a threat to the health, safety, or welfare of
the Caribbean Park community.
NEIGHBORHOOD INFORMATION MEETING (NIM):
A NIM is not required for a Nonconforming UseS Alteration.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed this staff report on July 5, 2017.
RECOMMENDATION:
Staff recommends that the Hearing Examiner to approve Petition NUA-PL20160003227 subject
to the following conditions:
The maximum building height shall not exceed 30 feet for the eight sites.
2. The replacement mobile home and modular units on the eight sites shall not encroach
farther than what exists today or any known setbacks that were previously approved.
Attachments:
1) Support Material Provided by Staff
2) Application and Support Material
NUA-PL20160003227 Caribbean Park Community Page 6 of 7
July 5, 2017
PREPARED BY:
7/5/17
ERIC L. JOHNSON, AICP, CFM, PRINCIPAL PLANNER DATE
ZONING DIVISION
REVIEWED BY:
RAYMOND ND V. BELLOWS, ZONING MANAGER DATE
ZONING DIVISION
MICHAEL P. BOSI, AICP, DIRECTOR DATE
ZONING DIVISION
NUA-PU0160003227 Caribbean Park Community Page 7 of 7
July 5, 2017
Attachment 1— Support Material Provided by Staff
An image obtained by the Property Appraiser's Office shows that Caribbean Park, as well as much
of the surrounding area was vacant in 1962 (see image below).
1962 (Property Appraiser)
The earliest record found in the Property Appraiser's Office indicates Caribbean Park was owned
by Geroge H. Bacher in 1967. The Property Appraiser's Office property card indicated the
appraised value of the land, starting as early as 1968. The property card also revealed that water
treatment started in 1970 and that the Property Appraiser's Office starting assessing land
improvements in 1971. This means that structures were constructed and/or installed in Caribbean
Park. -The earliest development order that staff could procure for any structure in Caribbean Park
was building permit, #69-2057, which was issued on December 16, 1969. This permit allowed the
construction of a 1,920 -square foot steel building that was to be used for recreational purposes.
The permit revealed that Caribbean Park was zoned Mobile Home Travel Trailer Park District
(MHTT) which allowed mobile homes.
By the early 1970s, many mobile homes, including one of the eight that comprises this NUA
request (i.e. 21 Colby Court) had already been installed (see image below).
Attachment 1 — History of Caribbean Park Page 1 of 9
July 5, 2017
The above address is indicated on an undated Caribbean Park sketch plan (see Attachment 1 —
Support Material Provided by Staffi. It is highly likely that the installation of the mobile home at
21 Colby Court occurred after zoning was already established and in place for the area. However,
the earliest Zoning Map kept on file by the County Clerk's Office only dates to 1974, which was
after the time when the unit was installed, presumably on the east side of Colby Court. This early
Zoning Map is shown on the following page.
Attachment 1 - History of Caribbean Park Page 2 of g
hty 5, 2017
The earliest zoning map kept on file at the County Clerk's Office (see below) shows that most of
Caribbean Park was zoned MHTT. Unfortunately, the Zoning Map below fails to show the internal
roadways within Caribbean Park.
Circa 1974 Zoning Map
As previously mentioned, the earliest known building permit for Caribbean Park dates back to
1969. This permit indicated that Caribbean Park was zoned MHTT, which is consistent with the
above Zoning. Map from circa 1974. The problem is it is unknown what zoning was in place for
the eight sites in 1969. Staff determined zoning was already in place in the area as early as 1970,
because a revision to the above Zoning Map had already occurred on an unrelated property on June
30, 1970 for petition R -455C. The above Zoning Map also shows that U.S. 41 had been split into
two roadways, namely U.S. 41 and Old U.S. 41. The land area west of Caribbean Park, which
fronted on Old U.S. 41 (circled above), was zoned Commercial District (C-2).
It should be noted that petition R490 -C, which rezoned a 1.1 -acre parcel from C-2 to MHTT with
provisional use F, was adopted on February 2, 1971. This 1.1 -acre parcel of land abutted
Caribbean Park and was owned by George Baucher. Staff believes the applicant who requested
the rezoning of the land circled above, was the same person who owned Caribbean Park in 1967,
despite the name being spelled slightly differently in the meeting minutes than the name indicated
on the property card (i.e., `Baucher" compared with "Bacher"). Based on petition R -490-C, staff
believes the property where all eight sites are located today may have been zoned C-2. However,
this is only an educated guess, and the actual zoning along Old U.S. 41, at the time when Caribbean
Attachment 1 — History of Caribbean Park Page 3 of 9
July 5, 2017
Park was first established, is still undetermined. The 1974 Zoning Code did not allow mobile
homes in the C-2 zoning district.
In October of 1974, the adoption of Ordinance 74-42 eliminated the MHTT and C-2 zoning
districts entirely. The MHTT zoning district was converted to the Mobile Home Rental Park
(MHRP) district. The C-2 zoning district, along with the Commercial Parkway District (CP) and
Commercial District (C-1) were converted to the General Retail Commercial (GRC) zoning
district. Mobile homes were not listed as a permitted use in the GRC zoning district.
October 1974 Zoning Map
Based on the above 1974 zoning map, most of Caribbean Park was rezoned to MHRP; however,
it appears that the C -2 -zoned portion located west of Caribbean Park (circled above) was rezoned
to the Convenience Commercial (CC) zoning district rather than being rezoned to GRC. Mobile
homes were not permitted in the CC zoning district either district.
Attachment 1 - History of Caribbean Park Page 4 of 9
July 5, 2017
The above image shows two additional mobile home units (i.e., 23 Colby Court and 25 Colby
Court) were installed on the east side of Colby Court, presumably in the area zoned CC. Staff was
unable to recover building permits for these units; however, an interesting thing to note from the
above image is that the two additional units were installed within the same block as the existing
unit, suggesting they were contemplated in the design of Caribbean Park. These sites (i.e., 21, 23,
and 25 Colby Court) represent three of the eight that comprise this NUA request.
Attachment t - History of Caribbean Pattc Page S of 8
July 5, 2017
As depicted in the below image, by 1981, all eight of the mobile home sites that comprise this
request were installed in Caribbean Park.
1981 (Property Appraiser)
Staff researched building permit records from 1959 through 1981 and recovered four permits. All
four permits were issued in 1979. The addresses of the permits were as follows:
• 2001 Tyler Court (#79-0094)
• 26 Colby Court (#79-1771)
• 27 Colby Court (#79-749)
• 28 Colby Court (979-750)
It should be noted that two of the four permits (i.e., 27 Colby Court, 28 Colby Court) contained
permit cards indicating their respective sites being zoned MHRP. Staff is unsure if this was done
in error, but like the others, the above image suggests that 2001 Tyler Court and 2007 Colby Court
were installed in a block as part of the mobile home development.
Attachment 1 — History of Caribbean Park Page 6 of 9
July 5, 2017
A note on the property card, presumably from 1980, indicates Caribbean Park was zoned TTRVC
and MHSD. The property card indicated Caribbean Park contained 358 lots. Staff is unsure of
the date that these lots were acknowledged on the property card.
The below "working" zoning map from 1982 was used at the public hearings to depict, with color
marker, the proposed new zoning that would occur as part of adopting Ordinance 82-2.
Public Hearing 1981 Zoning Map
Attachment 1 - History of Caribbean Park Page 7 of 9
July 5, 2017
The below zoning map from 1982 is the manifestation of the "working" zoning map from the
preceding page. Pursuant to Ordinance 82-2, this zoning map was adopted on January 5, 1982. In
1982, the GRC zoning was eliminated and converted to the C-4 zoning district, which is the zoning
in effect today for the subject sites. Mobile homes were not listed as a permitted use in the C-4
zoning district in 1982, and they are not allowed on C -4 -zoned lands today.
1982 Zoning Map
In conclusion, at least one of the eight mobile home units (i.e., 21 Colby Court) was in place when
the 1974 zoning map was in effect. Staff was unable to procure a permit for 21 Colby Court;
however, it is important to note that multiple permits for Caribbean Park were issued in the early
1970s which lacked lot numbers or addresses. Four of the eight permits that were recovered were
issued in 1979, and two of those permits indicated the property being zoned MHRP.
Throughout the years, the County has been issuing building permits for all eight sites, and it
appears the sites had always been considered as part of the design of Caribbean Park. As early as
1980, the Property Appraiser's Office acknowledged Caribbean Park as having 358 sites.
The fact remains that the County does not have any record of the first zoning map that was in effect
for Caribbean Park. Staff suspects the eight sites may have been zoned in a commercial district
that did not allow mobile homes; however, there is no way to prove from the beginning what the
zoning was in effect, due to the lack of complete record keeping. The unanswered questions
remain:
• Were the sites always zoned C-2 from the development's inception and then rezoned to
MHTT or visa -versa?
Attachment 1 — History of Caribbean Park Page 8 of 9
July 5, 2017
If the sites were always part of the design of Caribbean Park, were the boundaries of the
zoning districts incorrectly drawn?
Because the County issued building permits for four of the sites, and three of them (i.e., 26, 27,
and 28 Colby Court) are located on the east side of Colby Court, a case could be made that the
three sites on the west side of Colby Court should be substantiated as well. Likewise, if a permit
had been issued for 2001 Tyler Court, a case could be made that 2007 Colby Court, an abutting
site, should be eligible for permits as well.
"Landmark Construction" was listed as the contractor for the first known building permit issued
for Caribbean Park. The property card from the Property Appraiser's Office reveals that Landmark
Management Company, Inc. owned Caribbean Park in 1974. The Property Appraiser's Office
records also reveals that the C -4 -zoned parcel of land that directly abuts Caribbean Park to the
west (Parcel ID# 00154560108) was first established in 1988 when it was owned by Landmark
Management Company, Inc.
Attachment 1 — History of Caribbean Park Page 9 of 9
July 5, 2017
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
Permit Nueber 69-ZO51 Data _ 1^-16-64
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s A copy of the approved plans and specifications shall be kept at the building site
during construction.
PLOT PLAN
Zoning '"Building or Structure will
feet from East line
feet from South line
250 feet from West line
feet from North It..
Floor Space_
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Total
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The above appljcatlon has been examined and is hereby subject to the payment of
$ +7.93 -, Ell..lt 1/ as provided by the Collier County Building Code.
Payment Reerived: Ctrl R. Claoer Building Official
This pemut expires if teak is not started mthin 6 months from date trued. Permit void if mninq r1-111.
estlon L vioLled. This use mutt not change to any other ust without a new pmnit from the Zomrq
Director. Fee vill be doubled if work is started mthout a permit.
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smitanm a• Jasu
The above appljcatlon has been examined and is hereby subject to the payment of
$ +7.93 -, Ell..lt 1/ as provided by the Collier County Building Code.
Payment Reerived: Ctrl R. Claoer Building Official
This pemut expires if teak is not started mthin 6 months from date trued. Permit void if mninq r1-111.
estlon L vioLled. This use mutt not change to any other ust without a new pmnit from the Zomrq
Director. Fee vill be doubled if work is started mthout a permit.
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] s e&b&tl V • s.ar , [.m.:.
Tke abm aPFYamaM Man em,*W ad k keakYY aPynwW,Clea ,eke pe) di 110.00
b a pa'W by dw Coin Curry\WAP Cada.
Fayvoaan Reached, L i _ FAMnp om'w
TNa pae1R'a" 0 waeL N es eaewd whin 6 need, lean dw of kvuv. Fende coil / ieeeaa e1WlMkean N vlo-
lured Tia ave maro na dope ft." cele. s wtleoa •naw Pants Mama eke ZwAm DYaar. Fee wiN b q.,k. lel
ON daily PWaLY Of T00.30 N mak k newel rdwa • peak. The appF kado ria1W W deur eka paepy,0
ae d rew del mS Y ad XQ" eats r oppoad covoi aw d OPeegraep k b..&
-FAILURE TO COMPLY WITH THE
WBCHAN" LIEN LAW CAN RE- 0—
SULT IN THE PROPERTY OWNER Ap, _
PAYING TWICE FOR BUILDING
I wROVEMEm"--
SUNRISE BOULEVARD
WIGGINS PASS ROAD
Caribbean Park
WIGGINS PASS RD. &' U.S. 41 NORTH- NORTH NAPLES, FL. '33963
SUNRISE BOULEVARD
WIGGINS PASS ROAD
PAGE34
I.H.•G.P.•S.V.•89 PAGE35
,••N •• °.
AHIICATION FOR BUILDING PUMIT
1a111.11Du.tt ,cauu
NATE APPLIED LLL, Y L-•b
_
PERMIT NUMBER
OQ94 LIATE ISSUED - .---?-�
aJ.
/
NAME.10WNER
PHONE _
JOB ADDRESS
CONTRACTOR
Coro RCP CC
AR611TECT
a,Ar,•«
FLECTRICAI
CC
PLUMBINe. -
.ra,. N.a ... - C_C
AIR GOND
CC _
NOO1l
gum k<p CC _ —
SWIMMINa.PIKA
toe Ra - CC._
_ IDT _.__
BTO(]( -� _.. UNT 9.111DWISION 4.____ev:.:LU
OR KITES AND BOUNDS ---
%
S,xe .57
He& _ N. d Senna _.
A copy d he appoved
plan and apal&atlom dun be kep a Joe buds i, ane dung .,,s n
RoMm oe SalerNlows,_
Imo, /2?
,IaWN.1NCf se.Am
. _
_
Mnnmum las .Lo
.r.l Sn Prk _
- -_ Maeo.on Buddky Haghs _—
Rv 1 nr,l vs R+.A
Mmomum Fnms Yud 4 A. k _
•„L a.ud. �r 0..4 :.:
�. : ` L' . M.-N , m kea, L.d Set Bulk
'o 6nq law, o
Mmmum "Je Pud Sa Rack _ . _
Finnie, Sp.e
—Sq Fees = rral 4.. •. 'a:am. _ � _ Ya
Unl.y
Sq Fee s me,, ai A.In Name Ya
Porch
Sq. Fees %d Pam, Nn. _ ..
tarpon
Sq Fees kps. Tank — _ _ _ _ CaBoan
ChM
Sq Fen Ihamhckf _ —_ Sq. Fm
A C Mab
Torn Sep. Tank No —_
Taut
Sq Fees Monsoon Slob _ omha below finish Boa /wile
4nnwr»n
6a.eaaed Cost S
Bwldeq Vaso. S
fk.n.d pemm f
. f
%omMnk Perm.
A(. MM Penn. I
e ^r,TT
Routh, Peron B
Am w,.k wehm Fwi Rlght pf.Way mom o00.oy with
Swmm Pool Person k
tuumy L do. NP Tl.29.d Conine, Cool Pubk
Sept. Tank BRoghal.W1y
-uCccwt Loon Sundud Haod6uak, Iatat
TmaPen l Pf
'J_`�:.. _� _ ehoop
TIw abww appl.ao.n ha• ban
e.aninN aml is heeby am ew d aubleat m he paymm, of I _
by
as pmedad by it. CaBar Canty Builders, Code
Peyessnm RameJ
Bdldkng 0"
Thn. Penn .,re,of wok n,
roo owned w.hm n .1ha f,mm dame d Howe P., I eaW d eanry cWvBcuaa, M ylo
l Ill se mux, or. change
m any I. oa wunwm a new person Isom the Zang Duel FQ MB be quadrupled
Plop daily pan.1l d SIM M,
wank ..0 W r..ha. • P. T1a ap,6.. bother o.d...d, that the pmpoad
wed etru 1. dull na P[ ugd g ..,I an appo.ad C oficam of Oaupeey n naed
Dam
He, Rn J
(Hoer
plb. R..'d
�-
Al Na d_
_
Ail - .ela9el Se .
-
Rod
Cor.raam
Rd Na J
K"
—
PLOI 11,1114
cT
I
O.dM1I.R t. G_1'_
ICI RIACR°�S000lVISl08
L i:G.Oi
DEC 21 1918
ICATH M.M.I. P'
DATE AMIND _ z_YI_e
PEr.MiT MIAYER _ ... i f i 4a DATE 19Fd•D _ 2-16-79
NAMEaFOWNIM ft. DPliefd. PHONF
JOB Aft 1Y ®a1Cf- �0_Yst, uS1Wa _ W -
CoNf%ACMR arta rr.a _.9.. Rq rec seB _
ANCHMI T Assam
BACTIMM awe SM Ra
PLu1loD _ — Srr mw _ -
AIR ODPD/MEQ/
ROOFING -_ -. _.
Sm.a Rq
- Sm R.8 -
SWPAMING POOL _Sm.e Rq _ . GG _
LOT - _ I1 --BLOCK JART--=SUM)MMON 0"LobY KIP
OR MEM AND BOUNDS -
Brae m MM Aae-B'aY-Mme /et W a**" son
ii � 11. a .60_. Hd*_-- 1Ja asa
A mr d She aPpmwad Iaew .ad pWlceles � 4 aala r Ae Iraidma ae Hama aarrmnn:er.
--*A&"aSemmeAhm_.-
Zwft-!� -
1
U. Arm
Fm Yed Sd lady -
SM Yard Sm Iah _
Slde Y.rd. See IN* -
eamwaeo R.Maa.e
r', r I. Arm
Mm4rBPBiYrIHdik
MmI� Paan YMBm Bad
Ma.t_BsreaSe ra _----
NeePer9d Yad Sw Bei
•.
(AMnl lGeel NaIR
S, FM
udlly—
$a FSC
Pard
Sa.Fee.
rmpm _
Sq Fair
,)Mr_—_ -
k Feer
kC. Mad
Tam
Taff
Sa Fee+
eamwaeo R.Maa.e
r', r I. Arm
Mm4rBPBiYrIHdik
MmI� Paan YMBm Bad
Ma.t_BsreaSe ra _----
NeePer9d Yad Sw Bei
befrai-
�f
VAN" Perna f __-1R_11R.
A.Cih"PWONS 10.oe.
ftemi's Rar f—
swam. hA P sW f
Tow PPC" i
n. ,Iowa a hd be. <vamad mW s wbJW m de W m.m d s — 35. 00
b,_`_ -.— --- mr,mby*ACAUeCmYMWeod.
P.Ymw f"BommP. J:._IeT�- -- -- or+a 091aa
TUw Parr a m .w4 a nw .,,.:.. m r n.n,.h. .0 - .... Pv,•u, . J r ma ,la. bc<
: r=
Vrd.•IfOre:nP mer. lwure r..-..> .. _,-,. _ ..... ...... .:n. ,..,, ,.,; .
vla. dwQ y.,.a, 4 1YA-z.�RJ.`....
u4 d famYR i '. yRn -!,VWd uf,l,i ll, apPlllRdu�.IdIL>R d (kGupale)' 11 Mad
..F, ILURE RU r'1? pLy WITH THEowaC
::CHAN!('li*'LAW CAN RE. APaarLT IN
TTa )I : RTY OWNER c�..
1"fM "l'WiCF FOR SurT.ntnrr_
(AMnl lGeel NaIR
Y6
WeAp.-
D.mw6eld __
_ _ S4 Fme
Seek Tad No
ptmbmf Nub _
__ eaRm aalaer4W Mae R+d
haRueun
- --
befrai-
�f
VAN" Perna f __-1R_11R.
A.Cih"PWONS 10.oe.
ftemi's Rar f—
swam. hA P sW f
Tow PPC" i
n. ,Iowa a hd be. <vamad mW s wbJW m de W m.m d s — 35. 00
b,_`_ -.— --- mr,mby*ACAUeCmYMWeod.
P.Ymw f"BommP. J:._IeT�- -- -- or+a 091aa
TUw Parr a m .w4 a nw .,,.:.. m r n.n,.h. .0 - .... Pv,•u, . J r ma ,la. bc<
: r=
Vrd.•IfOre:nP mer. lwure r..-..> .. _,-,. _ ..... ...... .:n. ,..,, ,.,; .
vla. dwQ y.,.a, 4 1YA-z.�RJ.`....
u4 d famYR i '. yRn -!,VWd uf,l,i ll, apPlllRdu�.IdIL>R d (kGupale)' 11 Mad
..F, ILURE RU r'1? pLy WITH THEowaC
::CHAN!('li*'LAW CAN RE. APaarLT IN
TTa )I : RTY OWNER c�..
1"fM "l'WiCF FOR SurT.ntnrr_
.IM PM � V
DATE APPLIED— 1-12-79
PEPMIT NUMBER — 79-799 DATE QED 2-16-19
NAME of OWNER ft. Da1mfills PHONE
JOB ADDRESS 27 EoL� Coact ewim" am NRS _
CONTRACTOR 9eoR1t Mena. Safe RsB PBC Sol CG—_ -
AROR1ECf
ELECTRWAL Tran"ll Sur Ries.
PLUMBING Srr Rq
AIR GOND/MEQI
a.r. ai::tl
Srr Rp
Sere Reg.
GC
SWIMMfNG POOL_ Sere Reg. C.C__-
LOT 17 I LOIX UNIT—SUBDIVISION bLlbbelaa NBP ....
R` OR METES AND BOUNDS
° pang mBuYd-AlevRpinMoee Nt Op MDC1M Rare �-
6 She U g i0 pbJBM No. d Smtb
A aefpy of the appoved ph= and apeeYetbe aY be kW a dee building we dmka eeboWm
UK
u
Lot A.
z
Fran Yard Set Rads _--
Rear Y.td Ste Back
Side Yamk Set Bah
9.9drB oe Sbtabve will Ina
_ Zee" M"
o.pxaare rtaaaama
MWI®t left Ate —
Mclmlm adwft FkdBla —
Mka..e Rage Yai 69 bad
MMmm Rear Yazd See Bads .
Mftfnan Side Yazd Set Nth _
Fiver Spam _-
Sq. Feet
Central Sever Name _._
Ya
_
Unlo' -. _
Sq. Feet
Cenral Water N.
---Yr
Parch
Sq. Feer
Well Pamn No.
Caryon —Sq.
]Feer
Septic Tarek
calm
Other
Sq. Fast
DralnReld
Sq, Feet
A C Med
Tau
Sepik Tmk No.
Tmal
4!Rft
Plumbmg Stub
kith" bdw Relit Boor Brie.
Saniorian
A.G/RIa3 Rltma
4obs Niall
Aro hal Raelt
Sep* Ti.k
TOW Para
The above yyYcaOm bw bee cmwnkwd well b hereby agproti ebleit to the pYl..• d S 1S.00
b) ----a porldrd by the Ga11ee Amey Puldkq Cade.
Paymec Rmdv.i. _ Raymond Dmlaamy Jr. I") _ &W&%OBiwl
This para eaoUga l'�wak b eefc sarti either 6.ewdu I. date u1 is.. Permit void d zanfa dodflauke, k vb
bird. T% .:w. me ,Janet m anY other me without a new permit from the Luing Dvenor. Re tell be girbapied
pl., daYy peJM1 aF WAFi10 d vak is karttd wwuhoa a pemdt. The +,plk., further a demand. dw the propaoed
use M structure d.4" k'Md occuolcd mel an appmvi Ciatiflcat<d Omgvncy b heed.
"FAH.URE TO rl"H PLY WITH THE o -o,
TdECRANTS' } r, , LAW CAN RE. A en "tom
S17LT IN u P''., )t'ERTY OWNER
i',1'PI1IG"T1�YiCF FOR BUILDING —+-
t
I
APPLICATION BOR BUILDI►N NRIAR
masts, Onairr, a
p DATE APPLIED FEB 121979
PERMIT NUMBER _ 79 - 0749 DATE ISSUED "p-40-24
NAMEuf OWNER "r• Leliefde —PHONE—
)OB
HONEJOB ADDRESS 2- Colby Court, i ribboon wobile Nome Turk, ::orth Naples. rIu.73940
CONTRACTOR TRANSIT MOUES, i. Site Re/. P.S.C. Y 507 eG
ARCHITECT
ELECTRICAL TRANSIT
401,113S, i;:C.
Syy Ra.
P.S.C. k
507
GG
PLUMBING TRANSIT
N0kX3, i9C.
Syne Res.
F.S.C. P
503
CG
AIR COND/MECH TRAN5:T
NCo.ES, INC.
Staaeft
F.S.C. #
507
M
ROOFINC Some Rail
SWIMMING POOL Syme Reg, CC.
LOT _� Colhy ,'-. SUBDMSION 'ruribbeen 1,19F
BLOCK -UNIT-
3 OR METES AND BOUNDS
Y Period t mll."Aher.Rryair-Move mrull.w
9 Ste 1 a/ p Helgld 0 No. of Storks r
is A otpy of the, ;p ped Plana and aperiflcetleau did be kept at the budding sift during coe�atlkn.
Use
Building or Strmure will 47`r �
zoning 'r' '^ r
s
oaaeaeu naaaaar
Lot Arta "' g 7P'
B
Minimum Lm Area
Building Permit
F ... r Yad Set Bade 10 ft.
Maximum Building Height
B
Rear Pard Set Back B ft .
Plnibing Perth
Minimum Finn; Yard Set Back .
10
Side, Yards Sri Back11.E
17 L -
Mini.. Rear Yard Sri Back
R
Parking Spun �[—.
NOTE:
Minimum Side Yard Ser Back
Swim. Pool Penalt B
Septic Tank
Poor Space
Sy, Fen
Central Sewer Name
Yes
Utility
Sq. Feet
Car<nl Water Name
Yes
Porch
Sq. Fen
Well Perris Nei.
Carport
S, Fen
Septic Tank
Goons
Other
Sq.Fen
Drainfield
Sq. Feet
AC Meth _
Tam
Septic Tank N.
Total
Sq. Fen
Plumbing Stub —
inches below fidvh Boor grade.
San urian
Estimated Con
M Ord. T1-18
B
Building Permit
3
Elmncal Permit
B
Plnibing Perth
B
A.C./Meeh. Perri
B
Roofing Perrot
B -
NOTE:
Any work within Public Right -of -Way noun, comply with
Swim. Pool Penalt B
Septic Tank
B
Canty Ordinance Ng. n -N and Collin County Public
Dmeway Permit
8
Righ<s-of-WaY Construction Standard Handbook, Weu
T.nal Penni,
$
edMon.
Th, above applkatun last bear examined and b hereby aWroved subject r the paynent of 8 S.
by ___— as provided by the CoBez County Building Code.
Paynnmt Ratlnd: Building Official
This Perth exprrts .• wA is nut stand within 6 mmd. from date of issue Permit void if zoning classi9anian k vio-
knd. This use must r, .hang, to any other tau without a new pursuit from the Zoning Director. Fre will be quadtupld
plus daily paWty a 1..*00 h weak is caned without a permit. The applicant further understnda that the popoud
use of amai shgii n:at k-wd- or occup1! nail an approvd Ceetifieate of Occupancy is keaed
Date
Eke. R,c'd_ _ . __ 0.
Plbg. R«d ____ vrp�^.uri J. Deisselberr,
A.C. Rud--.._ _ AI
Rauf Rnd_ —_. ._ Cm m a, TRANSIT HC2.ZS, !NC. q 1919
Pool Re,d _ _ _— .... _— ES
FEB l 2 1979
► Lor MAN
(NuL Lu scale)
• OWN" i..r. �e'.ie`de
SLOCK"bl" 'SZIDAIVISION Caribbean MF.
LEGAL
FEB 1 � 1979
0 0
APPROvED_ FEB l 2 1979
`°Luft CoLpm ■ &MM Do"
APPROVED 1979co On 9LWYNKAL CWT
APPROVED
C-' "EP aoutrtv nuwu�c oar, .979
APPc,_.ED
MRDvc ;Ja cauan we �r FEB ` 197y
APPLICATION FOR BUILDING PERMIT /
muua cmavcc. Ile.. .
AIR GONDYMKM '_.
Sum Rey
ROOFING Sme Rey CCL _- _ _ _
SWIMMING POOL 9aee Rey LL__
LDT_- 20 OT.00R ewrt SUBDIVISION GrlhbY01Q8
3 OR ME113 AND BOUNDS
S Perob Btid.Nle.Rp oBB,
AAc a 1 of g 40 NO.dSaab _
copy d tk leleatd0bn tttd NedOatoa rd 4 ►qe r 14 4dNMx we asy mrnrypt.
Ubt _ 11ob BVIkB or Structure wW ba
- zaaw [wxv_
Stae Ata 10 2 70
Frau YWd 5dYk 10
Bae Yted Se fth o
Side Yalda Sa Bad 12 13 _ J
]` p Span
DATE APPLIED
2-12-79
5q. Face
PERMrr NUMBER _ 70-780
DATE SSUED_
2-16-79
Sq. Fat
NAMEof OWNER kir. Yilsoee
--OHONE-
A.CMah
_-- T.
IOB ADDRESS _. - int 29. CWLbbo=
IR
CONTRACTOR _. Stanel! Adet
Sate Ree. PBC
$03
LC _
ARCHITECT _
ASL•m
ELECTRICAL
Rq.
C.C.
PLUMBING
-- — Sum Ree.
_LL
AIR GONDYMKM '_.
Sum Rey
ROOFING Sme Rey CCL _- _ _ _
SWIMMING POOL 9aee Rey LL__
LDT_- 20 OT.00R ewrt SUBDIVISION GrlhbY01Q8
3 OR ME113 AND BOUNDS
S Perob Btid.Nle.Rp oBB,
AAc a 1 of g 40 NO.dSaab _
copy d tk leleatd0bn tttd NedOatoa rd 4 ►qe r 14 4dNMx we asy mrnrypt.
Ubt _ 11ob BVIkB or Structure wW ba
- zaaw [wxv_
Stae Ata 10 2 70
Frau YWd 5dYk 10
Bae Yted Se fth o
Side Yalda Sa Bad 12 13 _ J
]` p Span
Sq. Feet
Utility _
5q. Face
Path _
Sq. Feel
tarpon
Sq. Fat
Other_
Sq, Fat
A.CMah
_-- T.
low -
_ Sq. Fat
Enmared Cult
Bu4lkig Pomp
Fleetrtc,l Pei M
Phvnbmg Pcmit
A 'Mech Peaat
Roofing Perm,
Swrm. Pcoi Peamt
Septic T.,k
Taal Penrvt
oao,..,,m n.Ro.aa
Mhibnm Lor Arca -
Maainwm Rodd,, IleigM
Mttlm,m, lium Y.M Set Rack 10
10niiaon kcar Yud Sn Back
Memmsn Side Yard Ser Back�—
Cemw Sews Naas
Cenual W1rer, Nage
Well Pemit No. _
Septic Tank
Drainfisid _.
Septic Tank Nu _.
PhonbiM Stub
Sammy,,
Yes
So, Fm
__ ,icM below hdah floe grade.
The drove .ppk,tim hr bm tmbad aid 4 beeby appaeed m*d m the paym of $ --. _ 33.00
M - —a pmded by tts CARle C." BtJdws Code
P.,. Ra etl Nayeaed Ce1Rey, Jr. (or) Building OMrcd
Thi, permit eii, s 'I i,ism <amd wtthln b months f. d,u of bane. P , void B agoing classikcau,n ,',
Weil Thh use it .r n e. 1.n any ether %t. wnh..t a new pmn, ft.. the Z.,,,, Direcwr. Fee will h q.d.,el
11" dmly perw• •/ .'WX R wor: nanrd whom a pemnt. The ,PPlinnr funho undtr ,..h tha the proposed
t til .n approved CertA.,, of Ocvnpoay b bsusd
"[F itl'.i LY TH
MECHANICS I.;, Q LAW C.4N RE
SUIT IN i11I ''IOPERTY OWNEI�"j —
�r�A{yY.ANIG TWIC5 1�OR BUILDINOp"
I:SYROVEMEN' c . i"
ru` eri Boit APPLICATION FOR BUILDING PERMIT
cowea wuxa, vwama
PERMIT
%y
0750
DATE APDL®
FEB 12 1979
NUMBER
_
�•� ��
�����
NAME of OWNER
JOB ADDRESS
Lot r 28r Curibbeen It.obils Home
Pe rkeNorPFIDI�
H !:eP1ee.Pla.
))940
CONTRACTOR
TRANSIT HOhBS,
It!C.
Stain
P.S.C,
% 503
ARCHITECT
cc.
Aeldrc"
ELECTRICAL
TIUIiS1T HOLES,
!NC.
State Reg.
P,S.C,
N 503
PLUMBING
TRANSIT HOMES.
INC.
State Rep
P.S.C.
# 50)
GC
AIR GOND/MECHTRMSIT
HCi IEB.
II:C.
Saw Reg.
CC.
F.S.C.
d 50)
_
GC
ROOFING State Reg. CC
SWIMMING POOL Sure Reg. Cr
3 LOTS 28 BLOCK Co]h': UNIT_ SUBDIVISION Caribbean bHT
OR METS AND BOUNDS
Y
Paz Ntto Burd-Alter.Repam-Move -railer
a
Szey _ a
He
�. No. of Apia C
A copy of the approved Plans and spetlpuyuu char be kept at the bmHm
B site dueng corrWtaHa".
f Jgg Tro 11er Building or Soucturc wi0 fr e
e Loi•Arca 40 z 8 Manom_ Lot _
O..."'Ce ",un ay
From Yard Set Balk ' Magimum Building Height
Rear Yanl Set Back 8 ft. Minimum Fmni Yard Set Back 1 U
Side Yaids Set Bade i] it. 13 ft. Mbkmun Rear Yard Set Back
Parking Spaces 2 Minimum Side Yard Set Bah --3
Floor SPKe Sq. Feet Central Sewer Name Y
Ullllty K
- _ _ S9. Feet Geral Water Name Yee
Porch Sq Feet Well Pent No.
C.-_ Sq. Fen Septic Tank Gallons
Sq. Fm Diamfield Sq. Fm
A.C. M"h Tons Septic Tank No,
TOW Sq Fen Plumbing Stub _ rzhn below RoM goo, pale
Seniums
Estimated Ce t
etk
d. 77_78 =Permit $Penit i Perms i i5eh. Permit i 1enni i NOTE:nk Pe .4 i MY work within publicRigh,_,d Way mustcomply Permit i C�IY Ordinance Np 77.79 and Collier County Public
l Permit i Rw""'pay Caotructbn Standard Handbook, 6u"
The above appknemt hat been tnomised d b h.* approved subject to the WY wen of i 3s,—
y_"Poo, br the Cope Cazu, Building Code,
Payment Remained,
Buildiry OIfiNI
This punkt ecgrn R week k not "anted within 6 months f mm dare of issue. Penner void if coning cladfii,,b k vm-
lated. This use mu" net chaye to any mho use wkhout a new Perms fmm the ZKung Director. Fee will be tuadtupled
Plus daily Welty of B50e W A work K tuned wahout a p.i, The aopikant further u,dersumis that rhe reputed
u" of "nuqure 94—ml be used or oer •peed imkl an approved Certificate of Occuparxy at banned.
Dec. RKdOwe
Hbg. RK'd__ _
A . RKdi J D i
sseterc
Roof Reed_
Poral Rend_Coebatam TRANS1T4ObES, iFC.
FEB
• • Fl91_'1979
OWNER
LOT 9 BLOCK =01`'1 SUBDIVISION Carfbbean i.3P.
FEB 12 1979
N
-
"
CJ
O
I�Wa6-j
W iS
Oi5
Y
AMRACt�7*yryy��*a �yy��� ""W� ..
OAT4 APMJW 4-13.79
PERMT MLUM 7Ll"4271.i
[ AT x-14
MAW ofOVIM ,
"B ADOM
C:ON'1UCTOR f ratiait owes, Inc. Calow* #303 �
ARCXit T
+ewe,
Emmaltir
Addrm
Steve Red.--
PU24W u
MR C+OND/ MECH M �
!.
Stave Re&
R�.
State Res. "
SWWAWOG POOL
State Re* �
LOT 39
UNfr SUBDrjr4iON �— A
09 AMI S AND BOUNDS
Peak a &Ad-Abw-Rgwk-More f9t
Up
Sttee X __ Fke*t
Na of Sebtk
A ► of" aPppbm and qedbmdm i; be kept at dwbuigMg gine dW*Cftdnoiiw
U04 ---- --
BtdtdNI or S- WIN (a*
*son *= sty
X $0
L*A� 00
��
Feoeet Yard to Hack ILA
A+ bkm m Fro* YOO Set Bad _ 3L
Raer Yard Set luk '
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PAYJkOAVOWA4�0
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roam apt 10" APPLICATION FOR BUILDING FERMIT
COLLIER COUNTY, FLORIDA
DATE APPLIED______ 1 1979
PERMITNUMBER ___.__.._ __� _ DATE ISSUED.-.—_.,_4"�
NAME of OWNER Mr. _ McGregor ---.------------PHONE—
JOB
-_.---__-_----PHONEJOB ADDRESS _.Lot__1_4 __Colby _Court . ,. Caribbean MHP. , Naplea, Fla. 33940
CONTRACTOR State Reg. P -_$-C- 03 C.C.
ARCHITECT _ _.__.----__.__—.__._- -- Address
FI.ECTRiCAL # 503 C.C.
PLUMBING TRANSIT HM SINC. State Reg. P.S.G. # 503 C.C.
AIR COND/MECH THANState Reg.
ROOFING __,_._.__ _ _ _.__. -- -_ State Reg. _ ____ _ ___. C.C.
SWIMMING POOL._ ______.___________ _.�_—State Reg. ______C.C.
Colby Ct. Caribbean MHP.
LOT _.� _ __ _..__.. _ BLOCK _ __... __UNIT .�__--SUBDIVISION _
OR METES AND BOUNDS
z- Permit to Build -Alter -Repair -Move
° Size .1kx __..��2.-- Height __.0_.___._...__. __._._ No. of Stories 0
s A copy of the approved plans and specifications shall be kept at the building site during construction.
Use T ra i1f rBuilding or Structure will face .- _- —
Zoning
` T
ORDINANCE STANDARDS
i Lot Area__.._i+� X S0 � �'�"
Minimum Lot Area
-
hFront Yard Set Back
Maximum Building Height
Rear Yard Set Back
Minimum Fron, Yard Set Back 10
U
Side Yard i Set
Minimum Rear Yard Set Back ___ 8
_
Parking Spaces . _ __2___.__._.__.___.__- _..
Minimum Side Yard Set Back __ 5
Swim. Pool Permit
Floor Space Sq. Feet
Central Sewer Name
Yes
Utility _. _. __. Sq. Feet
Central Water Name _ __
Yes
Porch . ____ ..._ Sq. Feet
Well Permit No. _ ._..�-
Total Permit
Carport Sq. Feet !
Septic Tank
Gallons
Other .._ _. ___.- __. Sq. Feet
Drainfield _._._ __ _____. _ __
Sq. Feet
A.C. Mech -__ _ Tons
Septic Tank No.
---
Total Sq. Feet
Plumbing Stub inches below finish floor grade.
Sanitarian
Estimated Cost
per Ord. 77-28
Building Permit
$
Electrical Permit
Plumbing Permit
$ -
U
A.C./Mech. Permit
$
Roofing Permit
$
Swim. Pool Permit
5
Septic Tank
$t __
_ ....... -_---;
Driveway Permit
$ .—_---.
Total Permit
S
_
-0
Any work within Public Right -of -Way must comply with
County Ordinance Nq. 77-29 and Collier County Public
Rights -of -Way Construction Standard Handbook, latest
edition.
The above application has been examined and is hereby approved subject to the payment of S
by _ ___.__...__.___.___ _ as provided by the Collier County Building Code.
Payment Received: __. __- ____._._.__ ._-- _ Building Official
This permit expires if work is not started within 6 months from date of issue. Permit void if toning classification is vio-
lated. This use must not change to any other use without a new permit from the Zoning Director. Fee will be quadrupled
plus daily penalty of $500.00 if work is started without a permit. The applicant further understands that the proposed
use o structure shall not_tie used or occuDied until an approved Certificate of Occupancy is issued.
Date
Elec. Rec'd __�. __. �. �...______ Owner
Plbg. Rec'd-_._-___ _ t
Carl d. Deisaelberjr
A C.
Roof Rec'd_.__.-. ---____.___ Contractor TRANSIT HOMES, INC.
Pool Rec'd —
III OT PLAN
orio"L LU Z) L i I C
10 ft,
15.5 ft.
14 ft/
15.5 ft- I
LOT 26 %1 I-IJC k 'I SUBDIVISION
LEGAL
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NaplesNews.com
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they
the
copy of adyertc
t any discount, r
said newspaper.
)aily News is a newspaper published at Na-
�tofore been continuously published in said
each day and has been entered as second
da, for a period of one year next preceding
further says that he has neither paid nor
or refund for the purpose of securing this
Customer A um er Copy ine P 0 #
COLLIER COUNTY HEX 1619334 PUBLIC HEARING 45-176563
Pub Dates
June 2, 2017
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Petition No. PL20160003227
AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL
NOTICE TO AFFECTED PROPERTY OWNERS
I hereby certify that pursuant to Subsections 10.03.05.B.8 and
10.03.05.B.10 of the Collier County Land Development Code, I did give
notice of the public hearing before the Collier County Planning Commission
scheduled for June 22"a. 2017 by U.S. mail to the affected property owners
at the addresses provided to me by the Collier County Property Appraiser's
Office on June 2nd, 2017. A copy of the list of addresses from the Collier
County Property Appraiser's Office is attached to this Affidavit.
2. Copies of the letters mailed to the affected property owners are attached to
this Affidavit.
Dated this d(i day of 2017.
1 of 2
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER)
BEFORE ME, a duly authorized notary of the State of Florida, personally appeared
A w 5 S A- A. (&+JJ -- , who is personally (mown to me or produced Ft -D L
as identification, and under oath stated that the above is true and correct
and to the best of his/her knowledge.
DATED this �' b day of AAr`j , 2017.
Notary, a of Flonda
IA to C4V f- Roa et
Notary Printed Name
COLLIER COUNTY
Growth Management Department
June 2nd, 2017
Dear Property Owner
This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet
(urban areas) or 1,000 feet (rural areas) of the following described property, Notice is hereby given that a public hearing will
be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on June 22nd, 2017, in the Hearing Examiner's
meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider:
PETITION NO. NUA-PL20160003227 — Petitioner, Caribbean MHC Owner LLC requests a non -conforming use alteration
pursuant to LDC Section 9.03.03.B. to allow 8 mobile homes on property zoned General Commercial District (C4) along
Colby Court, of which 6 are existing and 2 were previously removed. The subject property is known as the Caribbean Park
Community and consists of 51.75± acres of land located at the northeast comer of US 41 and Wiggins Pass Road in Section
15, Township 48 South, Range 25 East, Collier County, Florida.
You are Invited to appear and be heard at the public hearing. You may also submit your comments in writing.
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK
ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO
SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN
OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE
THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION
TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
Any person who decides to appeal a decision of the Collier County Hearing Examiner will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners
Office.
This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth
Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff
member noted below at (239}252-2931 to set up an appointment if you wish to review the Ole.
Sincerely,
ak Johmo'n
Eric Johnson
Principal Planner
Location Map
Petition Number: PL20160003227
Zoning Map
PROJECT
LOCATION
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Location Map
Petition Number: PL20160003227
Zoning Map
Sign Posting
•
• (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT)
A wring sighs) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fill= (15) calendar
days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through
the Board of County Commissioners Hearing. Below are general guidelines far signs, however these guidelines should not
be construed to supersede my requirement of the LDC. For specific sign requirements, please refer to the Administrative
Code, Chapter 8 E.
1. The sign(s) must be erected in full view of the public, not more then five (5) feet from the nearest street right-of-way or
easement
2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened
securely to a pose, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the «quested action
has been heard and a final decision rendered. If the signs) is destroyed, lost, or rendered unreadable, the pGitioner or the
petitioner's agent most replace the signs
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE
RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO TBE
ASSIGNEDPLANNER
STATE OF FLORIDA
COUNTY OF COLLIER
• BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED G MRi Mu Lie R
WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03 00 OF THE
COLLIER COUNTY LAND DEVELOPhE T CODE ON TRE PARCEL COVERED IN PETITION NUMBER
V& -PL olr.00
2t'12 JOIrNSOtA STREET
SI P z)—
GENT STREET OR P.O. BOX
�i PsR`( Il,JI.LER FORT MYER51 FL 33902
NAME (TYPED OR PRINTED) CICY, STATE e1P
0
STATE OF FLORIDA
COUNTY OF COLLIER q -{
The foregoing iasmrment was sworn to and subscadied before me this 2Syr day of SiA1K , 2011 by
GPAA DULLER. personally known to me or who produced as identification
and who did/did not take an oath.
(Y1abMp,�oc�-
Signeture of Notary Public
E1rvlPtt 1DR Oft MAWn W
rioted Name FNotary Public
My Commission Expires: III19I 1
(Stamp with serial number) + ""'-, aMaXOR MAF D11�11.d.
NUtily PutllC 5�aRev. 3/41MIS > My Lommlulon •
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USF eUcaATION(NUA)
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DEAD
END
•
Pre -Application Meeting Notes
•
•
C,
A
•
E
Ca er G3anty
COLLIER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
itLy mAllereov net (239) 2S2-2400
Pre -Application Meeting Notes
Petition Type: NUA
Dateand Time: December 7,2016 at 1:90
Assigned Planner: Eric Johnson
(for PPL's and
Project Name: Caribbean Park NUA
PL #: 20160003227
Property ID #: 00153360008 Current Zoning: C-4/MH
Project Address: East of Colby Court city: Naples State: FL Zip:
Appllcent: Johnson Engineering, Inc.
Agent Name: Laura DeJohn
Phone: 239-229-1726
Agent/Firm Address: 2350 Stanford Court city: Naples State: FL Zip: 34112
Prooerty owner: Caribbean MHC Owner LLC
Please provide the following, H applicable:
I. Total Acreage: 51.7
ii. Proposed # of Residential Units:
111. Proposed Commercial Square Footage: _
Iv. For Amendments, Indicate the original petition
V. If there Is an Ordinance or Resolution associated with this project, please Indicate the
type and number:
vl. If the project is within a Plat, provide the name and AR#/Pt#:
I— er Couxty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www., I(mw.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(2391252-2400
0
"PRrsEuT EVlaz7-, F PHOTO 5R,4,olc FNo/ae xu/wt JTAR'
SHAT WewfE—S [JE+2E ,az. /rrED /,o THE P/4sT
'�RE5En.7'T �V/DFiJ c TNi% 7Wf— P41eCEL Lulls IAA
-•� / fin.
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•
•
10
Ca County
COLLIER COUNTY GOVERNMENT 29M NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 30106
www.colllenw•mt (239) 252 -UN FAX: (239) 252-6358
Pre -Application Meeting and Final Submittal Requirement Checklist for:
Non -Conforming Use Alteration
The following Submittal Requirement Checklist Is to be utili2ed during the Pre -Application Meeting and
ac ante or appucaton suommai. At time of submittal, the checklist is to be completed and submitted
with the application packet. Please provide the submittal hems in the eaact order listed below, with
cover sheets attached to each section. Incomplete submittals will not be accepted. 01,9436 00161"rY
PDFS 7*RoPX/L 14aeV4s
REQUIREMENTS FOR REVIEW
OOFN P REQUIRED EQU RED
Completed Application
12
Pre-Appliptlon meeting notes/minutes
1
Aerial Photograph
X
m Mted d r I lel
1
v o u ri2atio signed and notarized
Site Plan drown to scale
yy
Narrative statement covering the nature of petition
Proof of ownershipor interest in property, deed w contract to purchase
Electronic Copies of all documents and plans
*Please advise: The Office of the Hearing Emminer requires all
materials to be submitted electronically In PDF format.
❑ 2 ❑
ADDITIONAL REQUIREMENTS FOR THE PUSUC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall
submit all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
FEE REQUIREMENTS:
R/ Non -conforming Use Alteration Petition: $1,500.00
V Estimated Legal Advertising Fee for the Office of the Hearing Emiminer;-$-% 0O / S�
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and the penult fee shell be submitted to:
Growth Management DIvIsInNPlanning and Regulation
ATTN: Business Center
29W North Horseshoe Drive
Naples, FL 34104
Applicant/Agent Signature
uste
Printed name
6"14 Page 3 of 3
ReischlFred .
Subject: PL20160003227(NIJA)
Location: CONF ROOM "C"
Start:
Wed 121720161:30 PM
End:
Wed 12/72016 2:30 PM
Recurrence:
(none)
Meeting Statue:
Accepted
Organizer:
CDS-C
Required Attendees:
AcevedoMargarita; AhmadVicky; AkwmChds; Amy Lockhart -Taylor
(lockha@colllerschools.com); AndersonRichard; AmhonyDavid; AmoldMichelle; AshtonHeidi;
AuclalrClaudine; BaluchStephen; Beardlauiie; BeasleyRechel; BrethauerPaula;
BnwmAraqueSummer, BmwnCraig; BurtchlnMark; CaswoGeorge; CondominaDanny;
CrowleyMichaelle; Davkt Ogilvie; dfayCnorthcolllerflre.com; DumaisMike; FaulknerSue;
FeyEric; FleishmanPaula; GamlaShidey; GevnrizStonn; GossellnLlz; GundlachNancy;
HouldswarthJohn; HughesJodi; HumphnesAlicia; JawbUsa; jnagwnd@sfwmd.gov;
JohnsonEdc; JourdanJean; KendallMarcla; KurtzGerald; LenbergerSteve; LevyMichael;
Imarin@sfwmd.gov; LouviereGarrett; MartinezOsoar, MastrobertoThomas; MoCaughtryMary;
McKennaJack; McKuenEily; MCLeanMatthew; MosceMichele; MoxamAnnis;
NawrockiStefanie; OrthRichard; PajerCraig; PancakeBill; PatterwnAmy; PepinEmlly;
pjimenez@sfwmd.gov; PochmareNatalie; ReischlFred; RosenblumBrett; SantabarbaraGino;
SawyerMichael; ScottChds; Shar Hingwn; ShawlnskyPeter, Shawn Harts n; SheaBarbara;
SmhhDaniel; StoneSwtt; StrainMark; SuleckWexandra; SummemEllen; SweetChad;
TempletonMark; Vant-enger0s; WalshJonathan; WeeksDavid; WickhamFlsnnery;
WilloughbyChristine; LKSCohnsoneng.wm
Planner -Eric Johnson •
Fire District. North Naples Fire
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Project Type: Pre -Application Meeting
Project Description: The applicant Is requesting a Non -Conforming Use Alteration (NUA) petition to allow two mobile
homes In the C-4 zoning district. The proposed homes will be placed on two existing homeshes within Caribbean Park, a
359 unit manufactured home community located on the northeast corner of Tamlami Trail and Wiggins Pass Road in
• North Naples. The 51.7 ave park Is currently zoned MH except for a small area located east of Colby Court which is
zoned C-4 and Is where the proposed mobile homes will be located. This area has always been considered part of
Caribbean Park and mobile homes have been approved on both lots In the past. The proposed request is needed to
allow the intended use of these lots to continue.
Existing Application Name:
Meeting Type: Pre -Application Meeting
Preferred Date: Nov. 30th, Dec. 2nd, Dec. 5th, Dec. 7th, Dec. 9th
Unavailable Dates:
Location: 1 Sunrise Blvd, Naples, FL, 34110, Parcel Number: 00153360008
Full Name: Laura S. Delohn
Email:Wi ftbnsonena.com
Company Name: Johnson Engineering, Inc
2350 Stanford Court
Naples, FL 34112
Representing:
0 Contact Number: Cell: 239-229-1726
Z � i
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Cae7 County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.cdllerew.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400
PWApplicatlon Meeting Sign -In Sheet
pl e. e?cP16 600 9de'i 7
Collier County Contact Information:
Review Discipline
Phone
Entail
❑
CAlcornWillyBilling821-8336
chnsalwm@collier w.net
Il
MdAnth.n
DEwlonmentel
Review
252-2497
dMdamhon @mllkrgw.net
❑
SEnvironmental
Review
252-6290
wmmerbrownaraque@mlll .net❑
St
Transportation Plannl
252-2361
Ste henealuch@collle wnat
❑
laTramporhtlon
Pathways
252-5782
lauriebeard@collle w.net
❑
Rachel Beesley
Zoning Services
252-8202
rachalbeasle @collie w.net
❑
Menus Berman
CountySurveyor
Z52-6885
MarcusBerman@wllic w.net
❑
Mark BurWin
ROW Permltdn
ZS2-5165
markburtchln@collie w.net
❑
George Cmdo
Utility Billing
252-5543
eousdo@mlliem.net
❑
Heldl Ashton Ocka
Man in Asst CountyAttorney
252.8773
helclafhtm@collier ov.net
❑
Sue Faulkner
Connitrehensim Planning
252-5715
welaulkner@wlliergw.net
❑
Dale Fey
North Naples Fire
597-3222
dalefe @collle w.net
❑
Paula Heishman
Impact Fee Administration
252. 2924
paula8eishman@mlliergw.nat
❑
Nancy Gundlach, AICD, PIA
Zoning Services
252-2494
na undlach@mllle a
❑
SherNi
EM N les Fire District
687.5650
shin n@Wco.or
❑
John Hmdswarth I
Ineedn Services
252-5757
j2hnhouldsworthowillergm.mt
❑
Jodi Hughes
Tram nation Path
252-5744
jod1hughes@mill w.net
❑
Alicia Humph
Site Plans RMewer/ROW
252-2326
alidehum hrles mill w.nat
❑
Eric Johmon AICP,CFM
Zoning SeMcas
252-2931
edclohroan@roll w.rret
❑
March Kendall
Comprehensive Planning
252-2387
martlekendall@wllksgw.net
❑
Sb en l4nbe r
Environmental Review
252-2915
stewlenbe r Collle nM
❑
Gamett Louvlere
Smrmwater
252.2526
garrenlouviere@mlliergor.net
❑
Paulo Martins
Utilities
2523285
ulomartins@mllie w.net
❑
Thomas Mastroberto
FImSaf
252-7348
Thomasmastroberta@mlll w.net
❑
Jack McKenna P.E.
Engincerinj Services
252-2911
arkmckenna@mllk ov.net
O
Med McLean, P.E.
Principal Proect Manapr
252-8279
matthewmdean@wlllergw.net
❑
Gilbert Mmdvah
Utility Impact Fees
2523215
818xrtmondvak0colllerew.net
❑
Anna Moaam
Addrasang
252-5519
ennismwam@wlllergw.net
❑
Stefanie Nawrocd
Planning and Zoning
252-2313
StefenteNewrocd@mllie w.rrM
❑
Jessica Huckeba
CAD Technician
252-2315
JessicaHuckeba@mlliergw.net
❑
BranclVOtew
TmnsR
252-5859
brandyotem@collie ov.net
Ca er County
COWER COUNTY GOVERNMENT
GROWrN MANAGEMENT DEPARTMENT
www.eWlkreay.nel
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400
❑
BIII Pancake
North Naples Fire
$97-3222
bill ncake@mllle ovnet
❑
Brandi Pollard
UtilRylmpactfees
252-6237
bmndl ollard@mllle .net
19
Fred Rehchl, MCP
7. Servicas
2523211
fredrelschl@milia ov.net
❑
Brett Rosenblum, P.E.
Utility Plan Review
252-2905
brettrasenblum@mlller ov.net
❑
Edwin Sanche
Fire Review
252-7517
edwinsanchex@callle w.rrct
❑
Michael SawVer
Transportation Planning
252-2926
michaelsa er@mllie ov.net
❑
Corby Schmidt, AICP
Comprehensive Plannin
252-2944
curb chmidt@mill m.net
❑
Chri Scott, NCP
PhirmI andionln
252-2460
chdsso:u@c*IIieM2v.net
❑
Peter Shmvin
Arehltecti-al Review
252.9523
PeterShawlnskv@colliergownet
❑
Danlel Smith, AICD
Zwdng Services
2523312
dmlelsmith@callle .net
❑
Ellen Summers
Planning and Zoning
252-1032
ElknSummers@collie ov.nat
IV
Scott Stone
Assistam Coun Attorney
252-840D
scoostone@mlliergov.net
D
Mark Strain
Hearing Examiner/CCPC
2523446
madatrain@mlliergov.net
D
Chad Sweet
Transportation
252-5687
dudsweet@callier .net
D
Mark Templeton
Landscape
252.2475
marktampieton@mllle ov.ne[
D
ion Walsh
Buildin Review
252-2962
onathanwabh@milia ov.net
❑
David Weeks, Alta
Cam ehenslve Plannl
252.2306
davidweeks@mllle ov.net
0
larsten Wilkie
Environmental Review
252.5518
Urstenwilkie@mill.......
❑
Christine Willoughby
Plannlna,M7nnl
2523746
ChrlstineWlllo hby@calllergay.net
Additional Attendee Contact Information:
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•
Completed Addressing Checklist
•
Corer County
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239)252.2400 FAX (239)252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be slgned by
Addrealima personnel odor to RMmlipplicatiQn meeting lease allow 3 days for
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
❑
BIL (Blasting Permit) ❑ SDP (She Development Plan)
❑
ED (Boat Dock Extension) ❑ SDPA(SDP Amendment)
❑ Carniyal/Circus Permit ❑ SDPI(Insubstantial Change to SDP)
❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan)
❑
EXP (Excavation Permit) ❑ SIPI(Insubstantial Change to SIP)
❑ FP (Final Plat ❑ SNR (Street Name Change)
❑
LLA (Lot Line Adjustment) ❑ SNC; (Street Name Change— Unplatted)
❑
PNC (Project Name Change) ❑ TOR (Transfer of Development Rights)
❑ PPL (Plans & Plat Review) ❑ VA (Variance)
❑
PSP (Prelim inary Subdivision Plat) ❑ VRP(Vegetation Removal Permit)
❑ PUD Rezone ❑ VRSFP (Vegetation Removal & She Fill Permit)
• ❑ RZ(Standard Rezone) OTHER NON-CONFORMING USE ALTERATION
LEGAL DESCRIPTION of subject property or properties (Wpyoflengthy description maybe attached)
See attached CCPA property summary S15 T48 R25
FOLIO (Property ID) NUMBER(s) of above (attach to, anassodate w#h, legal description IF move then one)
00153360008
STREET ADDRESS orADDRESSES (as applicable, if already assigned)
-SUnrtse$Ivd-rNapleB, F6 23,25 Colby Ct
• LOCATION MAP must be attached showing exact location of pmjecVshe in relation to nearest public road right-
of-my
• SURVEY(copy - needed only for unplatted properties)
CURRENT PROJECT NAME (8 applicable)
Caribbean Park
PROPOSED PROJECT NAME (ifapp8cable)
PROPOSED STREET NAMES (ifapp8ceble)
SITE DEVELOPMENT PLAN NUMBER (forexisting pro)ectsrsltes only)
• SDP__or AR or PL#
Co�Lnty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.calliergov.net
2800 NORTH HORSESHOE DRIVE •
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Project or development names proposed for, or already appearing in, condominium documents (4 application;
indicate whether proposed or existing)
Please Return Approved Checklist By:❑ Email ❑ Fax ❑ Personally picked up
Applicant Name: Jared Brown
Phone: 239-434-0333 EmalUFax: jrb@johnsoneng.com
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division. •
FOR STAFF USE ONLY
Folio Number 00153360006
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by:_ Date: 11 / 18 / Z 01 G
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED •
•
Property Appraiser Data
•
•
Collier County Property Appraiser
Property Summary
• Parcel No. 00153360008 Site Adr. I SUNRISE BLVD
Name/Address CARIBBEAN MHC OWNER LLC
6547 N AVONDALE AVE k 301
City CHICAGO
State It Zip 60631
Map No. Strap No.
section Towlnhip Range Acres •Estimated
3A35 000100019 3A35
15 48 25 51.75
15 48 25 5 881.808 OF N W LYING E OF US 41 LESS COM AT SW CNR OF SEC 15, E 34.80FT & POB,
Legal NELY 580.15FT,
E 230FT, 5 238.038,
W 119.75FT, 5 335.69FT, W 195 +- FT TO POB
Millaae Ar"O 143
- Millaae Rates0 •Calculations
SubJCendo 100- ACREAGE HEADER
School Other Total
MEtgEQ@O 28 - PARKING LOTS, MOBILE HOME PARKS 5.245 5.708 10.SS3
Latest Sales History
2016 Certified Tax Roll
(Not all Sales are Ilaetl due fa Confdentin6ty)
(SuCje<I lu <Lengy
Date Book -Page Amount
Land Value $ 5,949,136
•06/01/16 5283-3510 S 27,000,000
la) Improved Value $ 68,142
11/16/10 46264867 5 0
10/19/95 2110-1535 so
1=) Market Value $ 6,017,278
01/09/89 1407-402 $ 0
f=) Assessed Value $ 6,017,278
01/01/89 146-339 S5,600,000
(•) school Taxable Value $ 6,017,278
10/01/87 1304-457 $ 0
1.) Taxable Value $6,017,278
10/01/87 1303-1159 $ 0
If all Values shown above e9ual0 thus varsel was stented abuse the Final Tae Roll
0
r�
0
Authorization
11
•
• AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
Edward C.Zeman �prinlnsrra)ss Managing Member
am Ma (Moose ore) owner0 applicantrjoonlract purchassrMand that:
1. I have full authority to secure the approvals) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County In accordance with this
application and the Land Development Code;
2. All answers to the questions in this application end any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of Investigating and evaluating the request made through this application; and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. Well authorize m•.on a ui.e•a,- to act as oudmy representative
In any matters regarding this petition Including 1 through 2 above.
'Notes:
• dthe applicant is a corporation, (1101) it is usually executed by the corp. prea. or v. pros.
. If the applicant is a Umded LiabNdy Company (LLC.) or Limited Company (L.C.J, then the documents should
typically be signed by the Cornpany's'Managing Member.'
. If tie applicant is a partnership, than typically a partner can sign on behalf of fire partnership.
• If the applicant is a limited partnership, than the general partner must sign and be identified as Me-germml
partner'ofthe namedparinandsp.
e urns applicant is a trust, then they must include the tmstee's name and the words -as trustee'.
• • In each instance, first d9lemShO Me appfrcenfs status, e.9., individual, corporate, trust, pre rrenship, and then
use the appropriate formal for that ownership.
Under penalties M perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that
the facts stated Injt.areNye.
—_— — I
SignMun Oate
STATE OF FLORIO/I- 1: uW u o 15
COUNTY O -.-L ;=R—Goof
foregoing iethment was swum to (or affirmed) a
�4JA ii. G 7�.rr-... r`
P J who is personally
(type o/ idanti i tion) ea Identification.
STMIP/BEAL
OFFICIAL SEAL
JENNIFER SMITH
Notary Public- State M Illinois
My Commission Expires 1ID7/2021
•
REV MUrA-0ettea9
REV alt
•
Corporate Disclosure of Ownership
0
I-]
LJ
OPERATING AGREEMENT
of
CARIBBEAN MHC LLC
THIS AGREEMENT is made and entered into on May 31, 2016, by the following person
("Member"):
ACCRUIT EXCHANGE ACCOMMODATION SERVICES LLC
("Accruit")
Article 1
Select Definitions
"Act" means the Limited Liability Company Act from time to time in force in the State.
"A r�eement" means this Operating Agreement, as originally executed and as amended, modified,
supplemented or restated from time to time, together with any exhibits hereto,
"Charter" means the articles of organization, certificate of formation or similar instrument, as
amended from time to time, issued by the State evidencing the formation of the Company. The Charter
was issued on May 16, 2016 as File Number 05794749.
"Code" means the Internal Revenue Code of 1986, as amended from time to time.
"Company" means the limited liability company formed upon the filing of the Charter and whose
affairs are governed by this Agreement.
"Mana eg ment" is a reference to the person or persons vested with the authority to manage the
Company's affairs, namely, the Manager. The Company is a "manager -managed", limited liability
company. See Article 8.
"Manager" means Edward C. Zeman or any other person subsequently appointed as such in
accordance with Article 8.
"Member" means the person identified as such in this Agreement.
"State" means the State of Illinois, which has issued the Company's Charter.
See Section 17.6 for additional definitions and rules of construction.
Article 2
Or anizational Matters
2.1 Formation and Statutory Authority.
(a) Formation. The Company was formed upon the issuance of the Charter by the State.
The Member and Management hereby ratify and adopt the acts and conduct of the Company's organizer
in connection with the filing of the Charter as acts and conduct by and on behalf of the Company. The
• LP 6762663.2139138-102840
21688924.2
organizational and other activities for which the organizer was responsible have been completed and the
organizer is hereby relieved of any further duties and responsibilities in that regard; the organizer is
hereby released and indemnified by the Company from any liability on account of its actions in
connection with the formation of the Company.
(b) Statutory Authority, The Company shall operate as a limited liability company in
accordance with this Agreement and the Act. The rights and obligations of the Member and Management
among themselves and in relation to the Company shall be determined in accordance with this Agreement
and the Act. To the extent that anything contained in this Agreement conflicts with the Act, or modifies,
supplements or otherwise affects any rights or obligations under the Act, this Agreement shall supersede
the Act, except to the extent expressly restricted by the Act.
2.2 Fit_ ings. Management shall make such filings and do or cause to be done such other acts
and things as shall be required to continue the existence of the Company in the State and shall cause the
Company to be qualified or registered under assumed or fictitious names statutes or similar laws in any
jurisdiction in which the Company owns property or transacts business to the extent the same is necessary
or, in the judgment of Management, advisable in order to protect the limited liability of the Member or to
permit the Company to lawfully own property or transact business. Management shall, to the extent the
same is necessary or, in the judgment of Management, advisable, execute, file and publish all such
certificates, notices, statements or other instruments necessary to permit the Company lawfully to own
property and conduct business as a limited liability company in all jurisdictions where the Company
elects to own property or transact business and to maintain the limited liability of the Member.
2.3 Name. The name of the Company is the name set forth in the heading of this Agreement,
The affairs of the Company shall be conducted under the Company name or such other name as
Management may select in accordance with the Act. If the Company uses a fictitious or assumed name, •
Management shall execute and file all certificates required by any jurisdiction in which the activities of
the Company make it necessary or desirable to do so. The Company shall have the exclusive ownership
of and right to use the Company name and any other names under which the Company conducts its
affairs.
2.4 Principal Office of the Company. The principal office of the Company shall be located at
such place within or outside the State as Management may from time to time designate. The Company
may have secondary offices at such other place or places as Management may from time to time
designate.
2.5 Records to be Maintained. Management shall at all times during the continuance of the
Company keep at the Company's principal office such records and information as the Company may be
required to maintain in accordance with the Act.
2.6 Registered Office and Registered Agent. Management shall designate a registered office
and a registered agent in accordance with the Act. Management has the right to change the Company's
registered office and/or registered agent from time to time in accordance with the Act, Management shall
select and designate a registered office and registered agent for the Company in each other state in which
the Company is required to maintain or appoint one.
Article 3
Purpose of the Company
The Company was formed in furtherance of a certain Qualified Exchange Accommodation
Agreement between Member and Alpine Village MHC LLC ("Taxpayer") dated on or about the date
2
216889242
•
hereof (the "OEAA"). As contemplated by the QEAA, the purpose of the Company is to indirectly
acquire, own, develop, improve, lease, operate, manage, maintain, finance, refinance, sell, exchange or
otherwise deal with and dispose of the real property commonly known as I Sunrise Blvd., Naples,
Florida, and all improvements, additions, replacements, easements and any and all other rights
appurtenant thereto, and all personal property that might be used or useful in connection therewith
(collectively, the "Property"), through a directly and indirectly owned subsidiary named Caribbean MHC
Owner LLC, an Illinois limited liability company, and undertake such other activities related or incidental
thereto as Management may determine is in the interests of the Company. Upon any transfer of
membership interests in the Company to the Taxpayer or any other person, pursuant to Article 10.3(f) or
otherwise, the purpose of the Company shall continue to be to indirectly acquire, own, develop, improve,
lease, operate, manage, maintain, finance, refinance, sell, exchange or otherwise deal with and dispose of
Property and undertake such other activities related or incidental thereto as Management may determine is
in the interests of the Company. The Company may conduct all or any part of its activities directly and/or
indirectly through one or more subsidiaries as determined by Management.
Article 4
Duration of the Company
4.1 Duration of the Company. The Company shall continue in perpetuity unless sooner
dissolved in accordance with the other provisions of this Article.
of 4.2 Winding -Un. The Company shall commence a winding -up of its affairs upon the earliest
(a) Disposition of All or Substantially All of its Non -Cash Assets. The sale or other
disposition of all or substantially all of the Company's non-cash assets; but if the foregoing sale or other
disposition involves (i) the receipt of a deferred payment obligation, whether or not secured, or (ii) the
receipt of payment in whole or in part in kind, then at Management's election the term of the Company
shall not end, and it shall continue, subject to the other provisions of this Agreement, until the earlier of
the time that (A) the deferred payment obligation shall have been paid in full, (B) the in kind
considerations received by the Company shall have been sold or otherwise converted to cash or (C)
Management elects to distribute the deferred payment obligation or in kind considerations.
(b) Decision of Member. The Member's decision to do so.
(c) Judicial Dissolution. Upon the entry of a judicial decree of dissolution of the Company
in accordance with the Act.
The winding -up of the Company shall be conducted in accordance with this Agreement generally and
Article 16 in particular.
4.3 Continuation of Company Upon Certain Events. The death, disability, court declaration
of incompetence, bankruptcy, dissolution, liquidation or other dissociation of the Member shall not
dissolve the Company, but it shall be continued with the successor or legal representative of the Member;
such successor or legal representative shall, to the extent of the interest acquired, be entitled only to the
predecessor Member's rights, if any, in the distributions of the Company, and no such person shall have
any right to participate in the management of the affairs of the Company or vote on any Company matter
without the written consent of Management, except to the extent any of the foregoing events shall cause
the Company to have no Management, in which event the successor or legal representative of the Member
shall be entitled to serve in such capacity. See Article 10 for additional provisions applicable to any such
successor or legal representative.
0 216889249
Article 5 •
Capital Contributions to the Company
5.1 Capital Contributions. The Member (or its predecessors, if any) has made such
contributions to the capital of the Company as are reflected in the books and records of the Company.
5.2 Additional Capital Contributions. Except as set forth in this Agreement or as required by
the Act, the Member shall not be assessed for additional capital contributions. Notwithstanding the
foregoing, the Member may, at any time or from time to time, make additional capital contributions to the
Company.
Article 6
Distributions by the Company
6.1 Definition of Available Cash. As used in this Agreement, "Available Cash" shall mean
all cash on hand of the Company irrespective of its source, less such reserves for the debts, expenses and
plans and contingencies of the Company as Management may establish.
6.2 Distribution of Available Cash. Available Cash shall be distributed to the Member at
such times as Management shall determine.
6.3 Withholding of Taxes. If the Company is required to pay or withhold any Federal, state,
foreign or local taxes levied on all or part of the Member's allocable share of the Company's income, the
Company shall have the right to do so and such payment or withholding by the Company shall be treated
as a distribution to the Member and shall reduce the amount of future distributions to be paid to the
Member. In Management's discretion, the Member for whom such payment or withholding would be
made shall make a capital contribution of immediately available funds in the amount of any funds needed
by the Company to satisfy such liability within three days after being so notified by the Company. The
Member shall also reimburse the Company for any costs and expenses incurred in connection with
making any filings (including a share of the cost and expense of any composite filings Management may
elect to make) or otherwise in connection with the administration of taxes described in this Section. The
Company shall have the authority to apply and setoff any distributions to which the Member would
otherwise be entitled towards the satisfaction of the liabilities of the Company referable to the Member
under this Section. This Section shall also have application to taxes that are not in the nature of
withholding taxes but are assessable against the Company with reference to (or where there is exemption
from based upon) the status or nature of the Member (e.g., the Illinois Personal Property Replacement
Tax).
6.4 Restrictions on Distributions. No distribution may be made to the Member if, after
giving effect to such distribution, either the Company would be unable to pay its debts as they become
due in the usual course of business or the net assets of the Company would be Iess than zero.
Article 7
Accounting and Tax Matters
7.1 Books of Account. Management shall cause proper and true books of account to be
maintained for the Company in conformity with sound accounting principles consistently applied. There
shall be recorded in the Company's books of account the particulars of all monies, goods or effects
belonging to or owing to or by the Company, or paid, received, sold or purchased in the course of the
Company's activities and all of such other transactions, matters and things relating to the Company as are
usually entered in books of account kept by companies engaged in activities of a like kind and character.
4
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7.2 Method of Accounting Fiscal Year. The Company's books of account shall be
maintained on the cash or accrual basis, as determined by Management. The Company's fiscal year shall
be the calendar year unless determined otherwise by Management.
7.3 R orts. As soon as practicable after the close of each fiscal year Management shall
provide the Member with such statements as shall be necessary to advise the Member properly about its
investment in the Company for income tax reporting purposes.
7.4 No Tax Returns. While all of the interests in the Company are owned by a single
Member, the Company shall for income tax purposes be disregarded as an entity separate and distinct
from its single Member pursuant to the authority of the Treasury Regulations Section 301.7701-3(b)(1)(ii)
and any comparable rule or regulation under applicable tax laws; provided, however, that the parties
hereto do not intend that the Company will be disregarded as an entity separate from its single Member
for purposes of any other law or circumstance, and Management and the single Member shall at all times
deal with third parties in the name of the Company and they shall comply with all of the provisions of this
Agreement.
Article 8
Management of the Company
8.1 Management by Managers. The affairs of the Company shall be managed and controlled
by Management in accordance with this Agreement generally and this Article in particular.
(a) Number. Management will consist of one (1) Manager.
• (b) Current Manager. The Manager acting as of the date of this Agreement is identified on
the first page of this Agreement.
(c) Removal and Replacement of Managers. The Member shall have the authority at any
time and from time to time to (i) remove a Manager who has committed fraud, gross negligence or wilful
misconduct from office and (ii) appoint a new Manager whenever there is a vacancy in the office of
Manager. A successor Manager shall be entitled to all of the rights and privileges of the Manager, as
Manager, to whose position it succeeded and shall be subject to all of the obligations of the predecessor
Manager, as Manager, whether or not such successor Manager is a signatory to this Agreement.
Notwithstanding the powers and discretions granted to management under this Agreement, Management
owes a fiduciary duty to the Member to exercise good faith, honesty and fairness in its dealing with the
Member and the Company's asset and under no circumstances shall the fiduciary duties owed by
Management be less than the duties owed by a general partner to the limited partners of a limited
partnership formed and operated under the laws of the State.
$.2 Authority of Management.
(a) Exclusive Right to Manage. Except as otherwise provided herein, Management shall
have the sole and exclusive right and authority to operate, manage, conduct and control the affairs of the
Company. Management shall make all decisions affecting the affairs of the Company and shall carry out
the purposes of the Company as Management deems proper, convenient or advisable.
(b) Power and Authority. Without limiting the generality of the foregoing, and consistent
with the purposes of the Company, Management shall have all of the rights, powers and authority under
the Act and otherwise as provided by law, including the right, power and authority to acquire assets;
purchase goods and services; sell, exchange, lease, license or otherwise deal in or with any and all assets
0 21688924.2
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•
of the Company; merge or consolidate the Company into or with one or more other companies; open and
maintain one or more bank accounts and designate (and change the designation of) signatories thereon;
borrow funds to finance the Company's activities and in connection with such borrowing, mortgage,
hypothecate, pledge, lien or otherwise encumber the revenues and assets of the Company; guaranty the
debts of affiliates and others when Management believes it will benefit the Company to do so; confess,
settle, compromise or otherwise satisfy debts, claims, judgments and other obligations, including by way
of a deed in lieu of foreclosure or similar transaction; enter into any contract or agreement or amend or
cancel the same; and invest and reinvest any funds or other assets of the Company — all as incident to or
necessary for the operations of the Company. Without limitation of the foregoing, Management has the
right, power and authority to sell, exchange or otherwise dispose of all or substantially all of the
Company's assets, including in a transaction that is not in the ordinary course of business.
(c) Exercise of Discretion. When taking any action or making any decision on behalf of the
Company, each member of Management shall perform its duties in good faith and in a manner that it
reasonably believes to be in the best interests of the Company and its Member, and with such care as an
ordinarily prudent person in a like position would exercise under similar circumstances.
. (d) No Duty to Inquire. Nothing herein contained shall impose any obligation on any person
or firm doing business with the Company to inquire as to whether or not Management has exceeded its
power and authority in executing any agreement, contract, lease, mortgage, security agreement, deed or
other instrument on behalf of the Company, and any such third person shall be fully protected in relying
upon such authority. Management may designate one or more persons to act as authorized signatories of
the Company and the signatures of such authorized signatories on any agreement, contract, lease,
mortgage, security agreement, deed or other instrument shall be binding on the Company.
(c) General Proscriptions. Without the written consent or ratification of the Member,
Management have
•
shall no authority to expend or use Company money or property other than on the
account and for the benefit of the Company or to pledge any of the Company's credit or property for other
than Company purposes.
(f) Authorization to Execute Operating Agreements. The Manager is authorized to execute,
on behalf of Caribbean MHC LLC, the Operating Agreements for Caribbean MHC Owner LLC and
Caribbean MHC Managing Member LLC.
8.3 Management's Time Commitment. Management shall cause so much time to be devoted
to the business of the Company as, in its judgment, the conduct of the Company's business shall
reasonably require.
8.4 Reimbursement of Management. The Company shall reimburse Management for any
costs that may be pr2perly expended on behalf of the Company made out of funds other than those of the
Company. Nothing° -herein contained shall be construed to limit in any manner the reirnbursement
provisions contained in the QEAA.
8.5 Compensation of Management. Management shall not be entitled, to any fees or other
remunerations for its services in managing the Company. This Section shall not be construed to limit
compensation for services payable to the Member or its affiliates under the QEAA.
8.6 Intentionally Omitted.
8.7 Liability of Management.
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(a) Company Liabilities. The debts, obligations, and liabilities of the Company, whether
arising at common law, in contract, tort, or otherwise, are solely the debts, obligations, and liabilities of
the Company, and are not the debts, obligations and liabilities of Management (or any officers, directors,
shareholders, partners, members, managers, employees, trustees, agents and other representatives of
Management).
(b) Exculpation. Management shall not be liable to a Member or the Company for honest
mistakes of judgment, or for action or inaction, taken reasonably and in good faith for a purpose that was
reasonably believed to be in the best interests of the Company, or for losses due to such mistakes, action
or inaction, or for the negligence, dishonesty or bad faith of any employee, broker or other agent of the
Company, but only if such employee, broker or agent was selected, engaged or retained and supervised
with reasonable care. Management may consult with counsel and accountants in respect of Company
affairs and be fully protected and justified in any action or inaction that is taken in accordance with the
advice or opinion of such counsel or accountants if, and only if, they shall have been selected with
reasonable care. The Member shall look solely to the assets of the Company for the return of its capital
and, if the assets of the Company remaining after payment or discharge of the debts and liabilities of the
Company are insufficient to return such capital, they shall have no recourse against Management for such
purpose. Notwithstanding any of the foregoing to the contrary, the provisions of this Section shall not be
construed to relieve (or attempt to relieve) any person of any liability by reason of gross negligence,
recklessness or intentional wrongdoing or to the extent (but only to the extent) that such liability may not
be waived, modified or limited under applicable law, but shall be construed so as to effectuate the
provisions of this Section to the fullest extent permitted by law. This Section shall also apply to the
officers, directors, shareholders, partners, members, managers, employees, trustees, agents and other
representatives of Management. Nothing herein contained shall be construed to limit in any manner the
exculpation provisions contained in the QEAA.
8.8 Indemnification. The Company shall indemnify any person who was or is a party, or is
threatened to be made a party, to any threatened, pending or completed action, suit or proceeding (other
than an action by or in the right of the Company), whether civil, criminal, administrative or investigative,
by reason of the fact that the person (each an "indemnitee") is or was a member, manager, officer,
employee, agent or other representative of the Company, or is or was serving at the request of the
Company as a director, manager, officer, employee or agent of another limited liability company,
corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorney's
fees and costs), judgments, fines and amounts paid in settlement actually and reasonably incurred by the
person in connection with the action, suit or proceeding, if the person acted in good faith and in a manner
the person reasonably believed to be in, or not opposed to, the best interests of the Company or, with
respect to any criminal action or proceeding, had no reasonable cause to believe the person's conduct was
unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or
upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person
did not act in -good faith and in a manner that the person reasonably believed -to be in, or not opposed to,
the best interests of the Company or, with respect to any criminal action or:=proceeding, that the person
had reasonable cause to believe that the person's conduct was unlawful. Without limitation of the
generality of this Section, this Section is also intended to benefit (a) the Company's organizer, (b) the
Member, (c) -Management, (d) any authorized signatories and officers of the Company appointed by the
Member or Management and (e) the officers, directors, shareholders, partners, members, managers,
employees, trustees, agents and other representatives of any indemnitee that is an entity. Except as
otherwise expressly provided herein, all of the indemnity provisions contained in this Agreement shall
survive an indemnitee's no longer being affiliated with the Company (by way of illustration only, a
former Member shall not fail to be eligible for indemnification solely because it is no longer a member of
the Company). Without limitation of the foregoing;
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(c) Indemnification for Actions By or in the Right of the Company. The Company shall also
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indemnify every person who was or is a party, or is threatened to be made a party, to any threatened,
pending or completed action or suit, by or in the right of the Company to procure a judgment in its favor
by reason of the fact that the person is or was a member, manager, officer, employee, agent or other
representative of the Company, or is or was serving at the request of the Company as a director, manager,
officer, employee, trustee, agent or other representative of another limited liability company, corporation,
partnership, joint venture, trust or other enterprise, against expenses (including attorney's fees and costs)
actually and reasonably incurred by the person in connection with the defense or settlement of the action
or suit, if the person acted in good faith and in a manner the person reasonably believed to be in, or not
opposed to, the best interests of the Company, but no indemnification shall be made in respect of any
claim, issue or matter as to which the person shall have been adjudged to be liable for negligence or
misconduct in the performance of the person's duty to the Company, unless, and only to the extent that,
the court in which the action or suit was brought shall determine upon application that, despite the
adjudication of liability, but in view of all the circumstances of the case, the person is fairly and
reasonably entitled to indemnity for those expenses as the court shall deem proper.
(d) Expenses. To the extent that a member, manager, officer, employee, agent or other
representative of the Company has been successful, on the merits or otherwise, in the defense of any
action, suit or proceeding referred to in this Section or in defense of any claim, issue or matter therein, the
person shall be indemnified against expenses (including attorney's fees and costs) actually and reasonably
incurred by the person in connection therewith.
(e) Determination. Any indemnification under this Section (unless ordered by a court) shall
be made by the Company only as authorized in the specific case, upon a determination that
indemnification of the director, officer, manager, employee or agent is proper in the circumstances
because the person has met the applicable standard of conduct set forth in this Section. The determination
shall be made (i) by Management, (ii) by independent legal counsel in a written opinion or (iii) by the
Member.
(f) Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or
proceeding may be paid by the Company in advance of the final disposition of the action, suit or
proceeding, as authorized as provided in the preceding paragraph, upon receipt of an undertaking by or on
behalf of the person to be indemnified to repay that amount, unless it shall ultimately be determined that
the person is entitled to be indemnified by the Company as authorized in this Section.
(g) Indemnification Not Exclusive. The indemnification provided by this Section shall not be
deemed exclusive of any other rights to which those seeking indemnification may be entitled under the
Company's Charter, or any agreement, vote of members or disinterested managers, or otherwise, both as
to action in the person's official capacity and as to action in another capacity while holding office, and
shall continue as to a person who has ceased to be a director, officer,_ manager, employee or agent, and
shall inure to the benefit of the heirs, executors and administrators of such person. Nothing herein
contained shall be construed to limit in any manner the indemnification provisions contained in the
QEAA.
(h) Insurance. The Company may purchase and maintain insurance on behalf of any person
who is or was a manager, officer, employee or agent of the Company, or who is or was serving at the
request of the Company as a director, officer, manager, employee or agent of another limited liability
company, corporation, partnership, joint venture, trust or other enterprise, against any liability asserted
against the person and incurred by the person in any capacity, or arising out of the person's status as such,
whether or not the Company would have the power to indemnify the person against the liability under the
provisions of this Section.
21688924.2
(i) Definitions. For purposes of this Section, references to "other enterprises" shall include
employee benefit plans; references to "fines" shall include any excise taxes assessed on a person with
respect to an employee benefit plan; and references to "serving at the request of the Company" shall
include any service as a manager, officer, employee, agent or other representative of the Company that
imposes duties on, or involves services by Management, employee or agent with respect to an employee
benefit plan, its participants or beneficiaries. A person who acted in good faith and in a manner the
person reasonably believed to be in the best interests of the participants and beneficiaries of an employee
benefit plan shall be deemed to have acted in a manner "not opposed to the best interests of the Company"
as referred to in this Section.
8.9 Authorized Signatories and Officers of the Company. Management may from time to
time appoint one or more persons to act as authorized signatories to execute agreements, contracts,
documents and other instruments (including without limitations limited liability company agreements)on
behalf of the Company. Management may also from time to time appoint one or more persons to serve as
officers of the Company, in such capacities and with such delegated rights and powers as Management
may delegate. No such authorized signatory or officer shall have any different or greater rights and
powers than Management has under this Agreement. Authorized signatories and officers appointed by
Management shall be entitled to be indemnified by the Company in accordance with Section 8.8.
Appointments of officers and authorized signatories under this Section may also be made by the Member.
Article 9
Membership in the Company
9.1 Rights and Obligations of the Member. Unless the Member is a member of Management,
and except as expressly provided in this Agreement to the contrary, the Member shall take no part in the
control or management of the Company, nor shall the Member have any authority to act for or on behalf
of the Company or to sign for or bind the Company. Unless admitted to the Company as a Member in
accordance with Article 10, no person who is not a signatory to this Agreement shall be considered a
Member. The Company and Management need deal only with the Member and shall not be required to
deal with any other person (other than with respect to distributions to assignees pursuant to assignments
in compliance with Article 10) merely because of an assignment or transfer of an interest to such person
or by reason of the incapacity of the Member. Any distribution made in accordance with this Agreement
by the Company to the person shown on the Company records as the Member or to its legal
representatives, or to the assignee of the right to receive Company distributions as provided herein, shall
acquit the Company and Management with respect to such distribution of all liability to any other person
that may have an interest in or claim to such distribution by reason of any other assignment by the
Member with respect to such distribution or by reason of such Member's incapacity, or for any other
reason.
9.2 Liability. The Member shall not be personally liable for any of the debts of the Company
--or any of the losses thereof beyond the amount contributed Or required to be contributed by it to the
Company under this Agreement and as otherwise specified in the Act.
9.3 Expenditures of Member. In the discretion of Management, the Company may reimburse
the Member for any costs that may be properly expended by it on behalf of the Company made out of
funds other than those of the Company.
9.4 Certain Waivers. The Member shall not have the right to partition any property of the
Company during the term of this Agreement, or while such assets are held in trust pursuant to Section
16.4, nor shall the Member make application to any court of authority having jurisdiction in the matter or
commence or prosecute any action or proceeding for such partition and the sale thereof.
0 21688924.2
9.5 Resignations and Withdrawals. The Member shall not be entitled to withdraw, resign or
otherwise voluntarily dissociate from the Company, except pursuant to the terms of this Agreement. The
Member shall not be entitled to receive any money or property from the Company except (a) by way of
distributions as provided pursuant to Article 6, (b) by way of distributions upon the winding -up of the
Company pursuant to Article 16, (c) in respect of any loans to the Company then due and owing to the
Member and (d) as expressly provided elsewhere in this Agreement.
9.6 Uncertificated Securities. Unless Management decides otherwise, the interest of the
Member in the Company shall not be certificated.
Article 10
Transfers by Member and Issuance of Additional Interests
10.I Transfers by Member. Except as set forth herein, the Member shall not sell, exchange,
pledge, mortgage, hypothecate, encumber or otherwise transfer (any of the foregoing being a "transfer"
for purposes of this Section) its interest in the Company without the prior written consent of Management
and the mortgage lender to Caribbean MHC Owner LLC. Any such transfer shall be void from inception
and of no force or effect whatsoever.
10.2 Transfers by Management. Management is an agent of the Company and its interest in
managing the affairs of the Company is not susceptible of being and may not be sold, exchanged,
pledged, mortgaged, hypothecated or otherwise transferred or encumbered. Insofar as a member of
Management is the Member, Section 10.1 shall govern the transfer of such member of Management's
right to distributions and other economic interests in the Company.
10.3 General Provisions. The following rules shall apply to transfers of Company interests
and the admission of additional persons to the Company: 0
(a) Procedure for Admission. No person shall be admitted as a transferee or additional
Member hereunder unless and until (i) in the case of an assignment of an interest in the Company
permitted hereby, the assignment is made in writing, signed by the assignor and accepted in writing by the
assignee, and a duplicate original of the assignment is delivered to and accepted by Management, and (ii)
in the case of a partial assignment or the admission of an additional Member, the prospective admittee
executes and delivers to the Company an amended and restated operating agreement in form proposed by
Management.
(b) Binding Effect. Any person acquiring or claiming an interest in the Company, in any
manner whatsoever, shall be subject to and bound by all terms, conditions and obligations of this
Agreement to which its predecessor in interest, if any, was subject or bound, without regard to whether
such person has executed a counterpart hereof or any other document contemplated hereby. No person,
including the legal representatives, heirs or legatees of a deceased Member, shall have any rights or
obligations greater than those set forth herein and no person shall acquire an interest in the Company or
become a Member except as permitted hereby.
(c) Actions Prior to Acceptance of Assignment. Notwithstanding that a person acquiring or
claiming an interest in the Company is bound by all terms, conditions and obligations of this Agreement
to which its predecessor in interest, if any, was subject or bound, the Company and Management shall be
entitled to treat the assignor of the assigned interest as the absolute owner thereof in all respects and shall
incur no liability for distributions made in good faith to such assignor prior to such time as the documents
specified in this Section have been delivered to and accepted by Management. Any person to whom an
interest in the Company is attempted to be transferred in violation of this Article or any other provision of
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this Agreement shall not have the rights of a Member of the Company otherwise provided under this
Agreement or the Act, including, but not limited to, the right (i) to receive distributions from the
Company, (ii) to vote on any matter, (iii) to participate in the management of the Company, (iv) to act as
an agent of the Company, (v) to obtain any information or accounting of the affairs of the Company or
(vi) to inspect the books or records of the Company. If, however, by law, the Company is required to
recognize the purported transfer of the Member's interest in the Company, the purported transferee's
rights shall be strictly an economic interest in the Company limited solely to distributions (and
accompanying allocations of accounting and tax items) as provided by this Agreement with respect to
such economic interest, and the Member whose interest in the Company has purportedly been transferred
shall have no right to any distributions with respect to such interest in the Company. Any distributions to
such purported transferee may be applied (without limiting any other legal or equitable rights of the
Company) to satisfy any debts, obligations or liabilities for damages that the transferor or transferee may
have to the Company (including for damages). If the Member attempts to engage in any purported
transfer that has not been approved in writing by Management, the Member and the Member's purported
transferee shall jointly and severally indemnify the Company and shall be liable for any and all costs,
liabilities and damages that the Company may suffer or incur (including, but not limited to, incremental
tax liability and attorney's fees and expenses) as a result of such purported transfer. For purposes of this
paragraph, an economic interest in the Company shall mean a person's' interest in the Company including,
without limitation, such person's rights to distributions (and accompanying allocations of accounting and
tax items), but excluding the right to vote, approve or disapprove, or otherwise to participate in, the
management and control of the affairs of the Company.
(d) Consent of Member. The Member hereby consents to the substitution of any assignee of
the Member's interest or the admission of any additional person as a Member as approved by
Management.
(e) Costs. In the discretion of Management, the costs incurred by the Company in processing
an assignment (including attorney's fees and costs) shall be borne by the assignee, and shall be payable
prior to and as a condition of admission to the Company.
(f) Transfer to Taxpayer. The Member may at any time transfer its membership interest in
the Company to Taxpayer, whereupon Taxpayer shall become the sole Member of the Company and shall
comprise the Management of the Company. Such transfer may be made by a document of assignment
signed by the Member and shall be effective upon delivery to Taxpayer without the necessity of any
acceptance or acknowledgement by Taxpayer. Upon such transfer, the Member shall be relieved of all
liability under this Agreement as Member or as a member of Management. Following such transfer,
Member is hereby authorized (but shall not be required) to make such governmental filings and do or
cause to be done such other acts and things in order to reflect the transfer, including without limitation (i)
changing the Company's principal office to Taxpayer's office, (ii) changing the Company's registered
agent to the Taxpayer or an agent, (iii) changinglhe Company's registered office to Taxpayer's office or
the office of Taxpayer's agent and (iv) changing the identity of the Member and/or Management to
Taxpayer, all such filings, acts and things to be done at the Company's or Taxpayer's expense.
Article 11
Miscellaneous Provisions
In the event the Member guarantees any indebtedness or other obligation of the Company, then
the Company shall promptly reimburse the guarantor for any and all payments made by the guarantor for
such indebtedness or other obligation. The Company shall not be obligated to reimburse the guarantor for
any obligation under the guaranty that arises by reason of the gross negligence, fraud or willful
misconduct of the guarantor or its affiliate. This Section shall also apply to any guaranty of any
021688924,2
indebtedness or other obligation of the Company g p y given by, and this Section shall then so benefit, any
affiliate of the Member, any member of Management (whether or not a Member) and any affiliate of a
member of Management. Nothing herein contained shall be construed to limit in any manner the
indemnification or reimbursement provisions contained in the QEAA.
Article 12
Intentionally Omitted
Article 13
Intentionally Omitted
Article 14
Intentionally Omitted
Article 15
Amendments to the Agreement
15.1 , Amendments. The terms of this Agreement may bemodified or amended at any time and
from time to time with the written consent of Management and the Member.
15.2 Power of Attorney. The Member hereby appoints Management as its true and lawful
attorney, coupled with an interest in its name, place and stead to sign, execute, acknowledge, swear to and
file any and all documents which in the discretion of such attorney are required to be signed, executed,
acknowledged, sworn to or filed by the Member to discharge the purposes of the Company as
hereinabove stated or the provisions of this Agreement. Without limitation, among the documents that
Management may execute on behalf of the Member shall be the following:
(a) Any amendments to this Agreement, when this Agreement is amended in accordance
with Section 15.1.
(b) The Charter and any other instrument which may be required of the Company pursuant to
the Act or the laws of any other jurisdiction and any amendments thereto that are not prohibited by
Section 15.1.
The grant of authority set forth in this Section is a special power of attorney coupled with an interest, is
irrevocable and shall survive the death, incapacity, insolvency, bankruptcy, liquidation or dissolution of
the Member; may be exercised by Management for the Member by a facsimile signature or by listing the
name of the Member executing any instrument with the signature of Management, as attorney in fact for
the Member; and shall survive the delivery of an assignment by the Member of all or any portion of its
interest, except that where the assignee has been approved by Management for admission to the Company
as a substituted Member, the power of attorney shall survive the delivery of such assignment for the sole
purpose of enabling Management to execute, acknowledge and file any instrument necessary to effect
such substitution, and the grant of authority set forth in this Section shall be deemed to have been made
by such substitute Member.
Article 16
Winding -Up and Dissolution of the Company
16.1 Winding -Up and Dissolution Procedures. Upon an event described in Section 4.2, the
affairs of the Company shall be wound up and the Company shall be dissolved. Management shall
preside over the winding -up and dissolution of the Company or may appoint one or more agents to do so.
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21688924.2
•
Management shall make such filings in the State and in such other states in which the activities of the
Company make it necessary or desirable to do so and do or cause to be done such other acts and things as
shall be required to dissolve the Company.
16.2 Distributions Upon Winding -Up. Except as otherwise provided in this Article, the
winding -up and dissolution of the Company shall involve:
(a) The orderly sale or other disposition of the Company's non-cash assets within a
commercially reasonable time.
(b) The payment or settlement of (and where appropriate, the establishment of reasonable
reserves for) the Company's debts and other obligations, including to the Member, if a creditor, in the
order of priority and to the extent provided by law.
(c) The distribution of any remaining sums to the Member in accordance with Section 6.2.
16.3 Distributions In Kind. In the event that Management determines that it is necessary or
desirable to make a distribution of Company assets in kind; such assets may be transferred and conveyed
to the Member, and shall be subject to such reasonable conditions and restrictions as are necessary or
desirable in order to preserve the value of the assets distributed or for legal reasons. Management may
make distributions of Company assets in kind other than in connection with the winding -up of the
Company.
16.4 Liquidating Trust. In the discretion of Management all or any portion of the distribution
that would otherwise be made to the Member pursuant to Section 16.2(c) may be distributed to a trust
established for the benefit of the Member for the purposes of liquidating Company assets, collecting
• amounts owed to the Company and paying any debts or other obligations of the Company arising out of
or in connection with the Company. Management shall appoint one or more persons as liquidating
trustee. The assets of any such trust shall be distributed to the Member from time to time in the discretion
of the Liquidating Trustee as and when such assets would otherwise have been distributed to the Member
pursuant to this Agreement.
16.5 Final Accounting. As part of the winding -up of the Company, a final accounting shall be
made of the activities of the Company from the date of the last previous accounting to the date of
dissolution. If the Member has a deficit in its capital account, the Member shall not be obligated to
contribute any amount of that deficit to the Company; any such deficit shall not be considered an asset of
the Company.
Article 17
General Provisions
17.1 Notices.
(a) Notices in Writing. All notices, demands, offers or other communications required or
permitted to be given pursuant to this Agreement shall be in writing.
(b) Addresses for Notice. All notices, demands, offers or other communications:
(i} To the Member shall be addressed to the Member at the address beneath the
Member's name on the signature page of this Agreement or, if applicable, in the
Member's subscription agreement.
0
13
21688924.2
(ii) To Management shall be addressed to each member of Management at the
address beneath each such person's name on the signature page of this
Agreement.
(iii) To the Company shall be addressed to the Company in care of each member of
Management.
(c) Method for Change of Address. The Member or members of Management may change
their addresses for all future notices, demands, offers or other communications by giving written notice in
accordance with this Section stating its new address.
(d) Stale Addresses. If a person intending to give a notice, demand, offer or other
communication has actual knowledge that the address for notice of the intended recipient is no longer in
use and has actual knowledge of the intended recipient's current address, the notice, demand, offer or
other communication shall also be effective if delivered to the new address.
(e) Methods of Delivery. All notices, demands, offers or other communications shalt be
transmitted by (i) personal' delivery, (ii) recognized overnight courier service (such as FedEx or DHL),
(iii) prepaid and registered or certified mail with return receipt requested, (iv) telecopier device (if a
telecopier number is shown beneath the Member's signature to this Agreement) or (v) electronic mail (if
an e-mail address is shown beneath the Member's signature to this Agreement).
(f) Effective Time of Delivery. All notices, demands, offers or other communications shall
be effective (i) when personally delivered, (ii) 36 hours after being deposited for next day delivery with a
recognized overnight courier service (such as FedEx or DHL), (iii) 72 hours after being deposited with
the postal service, (iv) 24 hours after being telecopied (if a telecopier number is shown beneath the •
Member's signature to this Agreement) and receipt has been confirmed electronically or otherwise or (v)
24 hours after being transmitted by electronic mail (if an e-mail address is shown beneath the Member's
signature to this Agreement) and receipt has been confirmed electronically or otherwise.
17.2 Binding Agreement. This Agreement and all the terms and provisions hereof shall be
binding upon the parties hereto and their respective legal representatives, heirs, successors and assigns,
except as expressly herein otherwise provided.
17.3 Third Party Benefits. Without limiting Section 17.2, the provisions of this Agreement are
intended solely to benefit the Company, the Member and Management and, to the fullest extent permitted
by applicable law, shall not be construed as conferring any benefit upon any other person, including
without limitation any creditor of the Company (and no such creditor or other person shall be a third party
beneficiary of this Agreement), and except as required by the Act, the Member shall have no duty or
obligation to any such creditor or other person to make any contributions or return any money or other
property to the Company.
17.4 Governing Law. This Agreement shall be construed in conformity with the domestic
laws of the State, as applied to agreements whose only parties are residents of the State and which are to
be performed entirely within the State.
17.5 Severability. If any provision of this Agreement, or the application of such provision to
any person or circumstance, shall be held invalid by a court of competent jurisdiction, the remainder of
this Agreement, or the application of such provision to persons or circumstances other than those to which
it is held invalid by such court, shall not be affected thereby.
14
216889242
•
17.6 Other Rules of Construction. Every provision of this Agreement shall be construed
simply according to its fair meaning and not strictly for or against the Member (notwithstanding any rule
of law requiring an Agreement to be strictly construed against the drafting party). The following
additional rules of construction shall apply to this Agreement:
(a) All pronouns shall include the masculine, feminine or neuter thereof wherever the context
and facts require such construction.
(b) The term "person" refers to an individual, corporation, partnership, joint venture, limited
liability company, limited liability partnership, association, joint stock company, statutory trust, common-
law trust, unincorporated organization, government authority or any other organization whether or not a
legal entity.
(c) The term "party" means a signatory to this Agreement, including the Member, a member
of Management and any successor to any of the foregoing, whether or not such successor has executed or
otherwise joined in this Agreement. The fact that a successor is a party shall not give that person any
greater rights than it has under the express terms of this Agreement. By way of illustration, a successor
who has not been admitted to the Company in accordance with Article 10 is a party to this Agreement for
purposes of the dispute resolution procedures in Section 17.8; but despite being a party is still subject to
the limitations of Section 10.3(c).
(d) The term "affiliate" is to have a meaning reasonably appropriate to its context; without
limiting the generality of the foregoing, when used in connection with conduct that by the terms of this
Agreement is to be circumscribed, the term shall be interpreted broadly. Without limiting the generality
of the foregoing, an "affiliate" of a specified person, or a person "affiliated" with a specified person, is a
person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under
common control with the specified person, As used in the preceding sentence, the words "control,"
"controls" and "controlled" mean the possession, direct or indirect, of the power to direct or cause the
direction of the management or policies of another person, whether through the ownership of voting
securities or other ownership interests, by contract or otherwise.
(e) All terms defined in this Agreement in the singular have the same meanings when used in
the plural and vice versa.
(f) The use of the word "including" herein shall not be considered to limit the provisions
which it modifies but instead shall mean "including without limitation' unless the provision states
otherwise.
(g) No distinction in interpretation shall be made between the terms "shall" and "will."
(h) An "Article" of this Agreement is typically identified with a number-(e.g,, "Article 17").
A "Section" of this Agreement corresponds to an Article and is typically identified with a number that
includes a decimal (e.g., "Section 17.6"). A "paragraph" of this Agreement corresponds to a Section and
is typically identified by a lower case letter (e.g., paragraph "(h)"). A "clause" of this Agreement
corresponds to a paragraph and is typically identified with a roman numeral or an upper case letter (e.g.,
11(0,5t 69(1)» or "(A)").
(i) Headings, titles and subtitles are inserted for convenience of reference only and are to be
ignored in any construction of the provisions hereof.
15
1* 21688924.2
6) Except where express reference is made to "business days," references in this Agreement
to a number of days within which an action must be taken (including the giving of notice or the delivery
of documents) shall mean calendar days. Notwithstanding the preceding sentence, whenever the final day
on which an action must be taken (including the giving of notice or the delivery of documents) occurs on
a non -business day (i.e., Saturday, Sunday or a holiday recognized by the U.S. Federal government, the
State or the state in which the Company's principal office is located), then such period or date shall be
extended until the immediately following business day.
(k) In the interpretation of this Agreement, no inference shall be drawn from the fact that a
provision not included in this Agreement was included and then deleted from a draft of this Agreement.
17.7 Intentionally Omitted.
17.8 Dispute Resolution.
(a) Jurisdiction, Venue and Service of Process. The Company and the parties to this
Agreement hereby irrevocably and unconditionally agree that any suit, action or proceeding arising out of
or related to this Agreement or the Company shall be brought only in courts having a situs in Denver,
Colorado, and the specific choice from among the foregoing shall be determined by the party initiating
such suit, action or proceeding. To the fullest extent permissible by law, the Company and the parties to
this Agreement hereby consent to the personal jurisdiction, venue and forum of such courts and hereby
irrevocably and unconditionally waive any claim or objection that it is not subject to the jurisdiction of
such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or
argument. Service of process on any of the parties hereto with regard to any such action may be made
and is considered legally proper by mailing the process to such person by certified mail to the address of
such person as provided in Section 17.1 or to any subsequent address to which notices shall be sent.
(b) Waiver of Trial by Jury. Each party acknowledges and agrees that any controversy which
may arise under this Agreement is likely to involve complicated and difficult issues, and therefore each
such parry hereby irrevocably and unconditionally waives any right such party may have to a trial by jury
with respect to any litigation directly or indirectly arising out of or relating to this Agreement. Each party
understands and has considered the implications of this waiver. Each party makes this waiver voluntarily.
(c) Attorney's Fees. If the Company, the Member or any member of Management obtains a
judgment in connection with a dispute arising under or in connection with any this Agreement, such party
shall be entitled to recover from the non -prevailing party its court costs, and reasonable attorney's fees
and disbursements incurred in connection therewith and in any appeal or enforcement proceeding
thereafter, in addition to all other recoverable costs.
17.9 _Remedies. Subject to any express provisions of this Agreement, no remedy conferred
upon the Company, the Member or any member of Management is intended to be exclusive of any other
remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law, in equity or by statute.
17.10 Waiver. No waiver by the Company, the Member or any member of Management of any
breach of this Agreement shall be deemed to be a waiver of any other breach of any kind or nature, and no
acceptance of payment or performance by the Company, the Member or any member of Management
after any such breach shall be deemed to be a waiver of any breach of this Agreement, whether or not the
Company, the Member or any member of Management knows of such breach at the time it accepts such
payment or performance. No failure or delay on the part of the Company, the Member or any member of
Management to exercise any right it may have shall prevent the exercise thereof by the Company, the
16
21688924.2
•
Member or any member of Management at any time such other may continue to be so in default, and no
such failure or delay shall operate as a waiver of any default.
17.11 Entire Understanding. This Agreement constitutes the entire understanding among the
parties and supersedes any prior understanding and/or written or oral agreements among them with
respect to the Company. In the event of any conflict between this Agreement and any other written or
oral communications between the Company, Management or any employee or agent of either, and the
Member, this Agreement shall control and take precedence. As used in this Section, the term "this
Agreement" shall include any subscription agreement that the Member may have entered into with the
Company in connection with this Agreement.
17.12 Further Assurances. Each of the parties hereto shall hereafter execute and deliver such
further instruments and do such further acts and things as may be required or useful to carry out the intent
and purpose of this Agreement and as are not inconsistent with the terms hereof. Recognizing that the
Company, the Member and the members of Management may find it necessary from time to time to
establish to third parties the then -current status of performance hereunder, each party hereto shall, upon
the written request of another party hereto, reasonably from time to time, furnish promptly a written
statement of the status of any matter pertaining to this Agreement or the Company to the best of the
knowledge and belief of the party making such statements.
17.13 Counterparts. This Agreement may be executed in counterparts, each of which shall be
an original, but all of which shall constitute one and the same instrument.
17.14 Electronic Transmission. Signatures to this Agreement that are transmitted electronically
(i.e.., via e-mail or facsimile) shall be accepted as originals.
[Signatures begin on the next page]
0
17
21688424.2
(Sfgnmare PAP ra OPeM1f11g.4graemenlj •
IN WITNESS WHEREOF, Iho parties herelo have tensed Ods Ati a most to be eseouted,
MEMBER;
ACCRUIT EXCHANGE ACCOMMODATION SERVICES LLC, e
DeIBWarc limited liability cmopany
BY: lq-4 5- 4 4-'
Its: i V
1331 17111 SIMI, Suite 1250
Deaver, Colorado 80202
MANS
FidWd CC Zoman --
6547 N, Avondale, Suite 301
Chicago, 11, 60631
LP 6161663.2139128-102840
11688924.1
AMENDED AND RESTATED
OPERATING AGREEMENT
OF
ALPINE VILLAGE MHC LLC
This Amended and Restated Operating Agreement is effective as of the Effective Date by
and between the persons executing a signature page and agreeing to be bound hereby as the Class
B Members and the Class C Members, a list of which is attached as Exhibit "A", and Edward C.
Zeman as the Class A Member and as Manager.
WITNESSETH
Recitals
The Company was formed pursuant to a "Certificate of Formation" filed with the State of
Delaware and was governed by a prior Operating Agreement which provided that the Class A
Member could amend the Operating Agreement, and in connection with on the acquisition of the
property known as the Caribbean Manufactured Home Community located at 1 Sunrise Blvd.,
Naples, FL 34110 (the "Property") by a subsidiary of the Company, the Class A Member hereby
amends and restates the Operating Agreement on the following terms:
ARTICLE ONE
40 Definitions
The terms set forth below as used in this Operating Agreement shall, unless the context
otherwise requires, have the meanings specified in this Article One.
"Act" means the Delaware Limited Liability Company Act, or any amendment thereof.
"Affiliate" means (i) any entity which, directly or indirectly, is controlled by any
Member (or Persons who are members, partners or shareholders of a Member) or Manager or in
which any Member or Manager has a material financial interest (ii) any individual related by
blood or marriage to any Member or Manager and (iii) any trust created for the benefit of any
person named in clauses (i) or (ii) hereof.
"Agreement" means this Operating Agreement. Words such as -"herein", "hereinafter",
"hereof', "hereto", "hereby" and "hereunder", when used with reference to this Agreement, refer
to this Agreement (including exhibits and schedules) as a whole, unless the context otherwise
requires.
"Alpine Village MHC Property" means the Alpine Village Manufactured Home
Community.
"Book Value" means, with respect to any asset, such asset's adjusted basis for federal
income tax purposes, except as follows:
40 21734081.3
A. The initial Book Value of any asset contributed by a Member to the Company shall be
the fair market value of such asset, as determined by the contributing Member and the Company;
B. The Book Value of all Company assets may be adjusted to equal their respective fair
market values, as determined by the Manager, in its sole and absolute discretion, as of the
following times: (i) the acquisition from the Company, in exchange for more than a de minimis
Capital Contribution, of (-1-) an interest by an additional Member, or (-2-) an additional Interest
by an existing Member; (ii) the distribution by the Company to a Member of more than a de
minimis amount of Company property other than money; and (iii) the termination of the
Company for federal income tax purposes pursuant to Section 708(b)(1)(B) of the Code; and
C. If the Book Value of an asset has been determined or adjusted pursuant to clause A or
B of this definition, such Book Value shall thereafter be adjusted by the Depreciation taken into
account with respect to such asset for purposes of computing Profits and Losses.
"Capital Account" means a bookkeeping account maintained by the Company with
respect to each Member, which shall be:
A. credited with the amount of money and the initial Book Value of any property (other
than money) contributed to the Capital of the Company by such Member, such Member's
distributive share of Profits, and any items in the nature of income or gain that are allocated to
such Member pursuant to Section 4.1 hereof, and the amount of any Company liabilities that are
assumed by such Member or that are secured by any Company property distributed to such
Member, and is
B. debited with the amount of cash and the Book Value of any Company property
distributed to such Member pursuant to any provision of this Agreement, such Member's
distributive share of Losses, and any items in the nature of expenses or losses that are allocated
to such Member pursuant to Section 4.1 hereof, and the amount of any liabilities of such Member
that are assumed by the Company or that are secured by any property contributed by such
Member to the Company.
C. In the event that a Member's Interest or a portion thereof is transferred in accordance
with the provisions of this Agreement, the transferee shall succeed to the Capital Account of the
transferor to the extent that it relates to the Interest or portion thereof so transferred. In the event
the Book Values of Company assets are adjusted pursuant to the definition of Book Value, the
Capital Accounts of all Members shall be adjusted simultaneously to reflect the aggregate net
adjustment as if the Company recognized gain or loss equal to theamount of such aggregate net
adjustment.
_D. The foregoing provisions and the other provisions of this Agreement relating to the
maintenance of Capital Accounts are intended to comply with Section 1.704-1(b) of the Treasury
Regulations, and shall be interpreted and applied in a manner consistent with such Regulations.
In the event the Manager, in its sole and absolute discretion, determine that the manner in which
the Capital Accounts, or any debits or credits thereto, are computed should be modified in order
to comply with such Regulations, the Manager may, if it so elects, make any such modification.
El
21734081.3
-2-
"Capital Contribution" shall mean any contribution to the capital of the Company in cash
or property by a Member, whenever made.
"Class A Member" means Edward C, Zeman, in his capacity as Class A Member and his
permitted assigns who have been admitted as Class A Members of the Company as hereinafter
set forth.
"Class B Members" shall mean those persons listed on Exhibit "A" as Class B Members,
each in its capacity as a Class B Member, and their permitted assigns who have been admitted as
Class B Members of the Company as hereinafter set forth.
"Class B Preferred Equity Amount" shall initially mean the excess of the total acquisition
cost of the Property over the mortgage debt encumbering the Property at such time, allocated
among the Class B Members in accordance with their relative Interests. The Class B Preferred
Equity Amount shall be, with respect to each Class B Member: (i) increased by any future
Capital Contributions by such Member under Section 3.3B and (ii) decreased by any
distributions to such Class B Member under Section 4.4(a).
"Class C Members" shall mean those persons listed on Exhibit "A" as Class C Members,
each in its capacity as a Class C Member, and their permitted assigns who have been admitted as
Class C Members of the Company as hereinafter set forth. Each of the Class C Members is being
granted a "profits interest" in the Company under Rev. Proc. 93-27 and Rev. Proc. 2001-43, as
the initial liquidation value of these interests is zero as a result of the preference provided herein
for the Class B Preferred Equity Amount. For the avoidance of doubt, no distributions shall be
paid to the Class C Members out of proceeds received from the Alpine Village MHC Property.
"Code" means the Internal Revenue Code of 1986, as amended (or any corresponding
provision or provisions of succeeding law).
"Company" means the Limited Liability Company organized and operated pursuant to
this Agreement.
"Company Property" means the Company's direct or indirect interest in the Rea] Estate
Companies.
"Consent" means the written consent of a Person to do the act or thing for which the
consent is solicited, or the act of granting such consent, as the context may require.
"Depreciation" means, for each fiscal year of the Company or other period, an amount
equal to the depreciation, amortization or other cost recovery deduction allowable with respect to
an asset for such year or other period, except that if the Book Value of an asset differs from its
adjusted basis for federal income tax purposes at the beginning of such year or other period,
depreciation shall be an amount which bears the same ratio to such beginning Book Value as the
federal income tax depreciation, amortization or other cost recovery deduction for such year or
other period bears to such beginning adjusted tax basis.
"Effective Date" shall mean the day when a Real Estate Company acquires the Property,
which shall occur after the Company has disposed of the Alpine Village MHC Property"
0 21734081.3
-3-
"Interest" means a Member's residual percentage interest in the Company as set forth on
Exhibit "A", as may be amended to reflect transfers of Interests.
"Loan Documents" means any Loan Agreement, Note, Mortgage and other documents
which were given by a Real Estate Company to document a Senior Loan.
"Maiority In Interest" means Members whose combined Interests represent over fifty
(50%) percent of the outstanding Interests of all Members.
"Manager" means Edward C. Zeman in his capacity as Manager. In the event that
Edward C. Zeman ceases to serve as Manager for whatever reason, the Class A Member shall
select a replacement Manager.
"Members" means the Class A Member(s), the Class B Member(s) and the Class C
Member(s) and their assigns who have been admitted as Substitute Members of the Company as
hereinafter set forth.
"Member Loans" mean any loans from a Member or Manager (or an Affiliate of a
Member or Manager) to the Company.
"Net Cash Flow" shall mean distributions received by the Company from a Real Estate
Company representing net operating cash flow after payment of all debt service and other
operating expenses and the funding of any Reserves determined by the Manager, but excluding
therefrom Net Sale or Refinance Proceeds.
"Net Sale or Refinance Proceeds" shall mean distributions received by the Company
from a Real Estate Company (or proceeds from the sale of membership interests therein)
representing the net proceeds from the sale or refinance of the Property.
"Notification" means a writing containing the information required by this Agreement to
be communicated to any Person, sent by registered, certified or regular mail, postage prepaid, to
such Person at the last known address of such Person. The date of registry thereof or the date of
the certified receipt therefor in the case of registered or certified mail shall be deemed the date of
receipt of Notification; provided, however, that any communication containing such information
communicated to such Person and actually received by such Person shall constitute Notification
for all purposes of this Agreement.
"Person" means any natural person, partnersf_rip, corporation, trust, association, limited
liability company, or other legal entity.
"Profits" and "Losses" each means, for each fiscal year of the Company or other period,
the Company's taxable income or loss for such fiscal year or other period, determined in
accordance with Section 703(a) of the Code (for this purpose all items of income, gain, loss or
deduction required to be stated separately pursuant to Section 703(a)(1) shall be included in
taxable income or loss), adjusted as follows:
•
21734081.3
-4-
A. Any income of the Company that is exempt from federal income tax and not otherwise
taken into account in computing Profits or Losses pursuant to this Section shall be added to such
taxable income or loss;
B. Any expenditures of the Company described in Section 705(a)(2)(B) of the Code or
treated as Code Section 705(a)(2)(B) expenditures pursuant to Section 1.704-1(b)(2)(iv)(i) of the
Treasury Regulations, and not otherwise taken into account in computing Profit or Loss pursuant
to this Section shall be subtracted from such taxable income or loss;
C. In lieu of the depreciation, amortization and other cost recovery deductions taken into
account in computing such taxable income or loss, there shall be taken into account Depreciation
for such fiscal year or other period computed in accordance with the definition of Depreciation;
D. Any gain or loss realized by the Company upon the sale or other disposition of any
property or asset of the Company shall be computed by reference to the Book Value of such
property or asset, notwithstanding that its Book Value differs from its adjusted basis for federal
income tax purposes; and
E. Any items that are specially allocated pursuant to Section 4.2 hereof shall not be taken
into account in computing Profits or Losses.
"PronertX" is defined in the Recitals.
"Property Manager" shall mean Mobile Management Co., Inc., or any other management
company selected by the Manager.
"Real Estate Company" means any direct or indirect subsidiary of the Company formed
to hold title to the Property or to hold a membership interest in an entity which directly or
indirectly holds title to the Property.
"Reserves" means, with respect to any fiscal period, payments made or amounts allocated
during such period to reserves which shall be maintained in amounts deemed sufficient by the
Manager for working capital and to pay taxes, insurance, debt service, repairs, replacements or
renewals, or other costs and expenses incident to the ownership or operation of the Property.
"Senior Loan" means a first priority mortgage loan to a Real Estate Company on all or
any portion of the Property and any refinancings or replacements thereof.
"Substituted Member" means any person admitted to the Company as a Member
pursuant to the provisions of Article Seven.
"Withdrawal Event" means the death,- permitted withdrawal, expulsion, bankruptcy or
dissolution of a Member.
0 21734081.3 -5-
ARTICLE TWO
Formation, Name, Place of Business, Purpose and Term
Section 2.1 Formation
The Company was formed as a limited liability company pursuant to the Act.
Section 2.2 Name, Place of Business, Resident Agent
The Company shall be conducted under its legal name or any assumed name. The
principal place of business of the Company shall be determined by the Manager. Notification of
any such change in the Company's place of business and principal office shall be given to the
Members. The Manager shall designate the resident agent for the Company.
Section 2.3 Purpose
The business and purpose of the Company shall consist of indirectly owning the Property
through membership interests in one or more Real Estate Companies and engaging in all
activities necessary, beneficial or incidental thereto.
Section 2.4 Company Property
All property owned by the Company shall be owned by the Company as an entity and,
insofar as permitted by applicable law, no Member shall have any ownership interest in any
Company property in its individual name or right, and each Member's interest in the Company
shall be personal property for all purposes.
Section 2.5 Term
The duration of the Company shall be perpetual.
Section 2.6 Tax Entity
It is the intention of the Members that the Company shall constitute a partnership solely
for purposes of federal and state taxation.
ARTICLE THREE
Members and Capital
Section 3.1 Members
The Members are the Class A Member, the Class B Members and the Class C Members.
21734081.3 _6_
Section 3.2 Initial Capital Contributions
The Members have made Capital Contributions to the Company.
Section 3.3 Additional Capital
3.3A The Members shall not be required to make capital contributions in addition to the
Capital Contributions set forth on Section 3.2 hereof.
3.313 If the Manager determines that the Company requires additional capital, the
Manager may request contributions from the Class B Members who shall be permitted to
contribute additional capital in the proportion that each Class B Member's Capital Contribution
bears to the total of Capital Contributions of all Class B Members. Any share remaining unpaid
thirty (30) days after the call by the Manager may be contributed by any interested Member(s) in
proportions reasonably determined by the Manager. Should one or more of the Class B
Members fail to make its entire pro rata share, contribution within said thirty (30) day period,.
then the Interests of the Class B Members shall be adjusted upward and downward, respectively,
according to that new ratio established by the resultant cumulative Capital Contribution of each
to the total Capital Contributions of the Class B Members (but provided that, in the event of such
dilution, no reduction shall be made to the Interests of the Class C Members). In no event shall a
call for contributions by the Manager impose any liability upon the Members and all
contributions other than those set forth in Section 3.2 hereof shall be voluntary.
3.3C In the alternative, the Manager and/or the Class A Member (or their Affiliate)
may lend money to the Company, or the Manager may extend to the Class B Members
(proportionately) the opportunity to lend money to the Company, all such loans to bear interest at
up to nine (9%) percent per annum or such higher or lower rate as the Manager may deem
appropriate. Any such loans shall be repaid prior to any distributions under Sections 4.3 or 4.4
hereof unless the Manager otherwise determines.
Section 3.4 Company Capital
3.4A No Member shall be paid interest on any Capital Contribution.
3.413 No Member shall have the right to withdraw, or receive any return of its Capital
Contribution, except as may be specifically provided herein.
3.4C Under circumstances requiring a return of any Capital Contribution, (i) no
Member shall have the right to demand and receive distributions in any form other than cash
except as may be specifically provided herein; (ii) neither the Company nor any Member shall be
personally liable or responsible for the return of such Capital Contributions which shall be made
solely from Company assets; and (iii) no Member shall be compelled to accept a noncash
distribution unless such in-kind distributions are made to all Members in proportion to their
Interests in the Company.
0 21734081.3 _ 7_
Section 3.5 Liability of Members 0
No Member shall be liable for the debts, liabilities, contracts or any other obligations of
the Company. For purposes of this Section 3.5, it is the intent of the Members that no
distribution (or any part of any distribution) made to any Member pursuant to Sections 4.3 or 4.4
of this Agreement shall be deemed a return or withdrawal of capital, even if such distribution
represents (in full or in part) a distribution of depreciation or any other noncash item accounted
for as a loss or deduction from or offset to the Company's income, and that no Member shall be
obligated to pay any such amount to or for the account of the Company or any creditor of the
Company. However, if any court of competent jurisdiction holds that, notwithstanding the
provisions of this Agreement, any Member is obligated to make any such payment, then such
Member shall return any such distribution to the Company.
ARTICLE FOUR
Allocation of the Profits, Losses and Distributions of the Company
Section 4.1 Allocation of the Profits and Losses of the Company
4.1 A Subject to Sections 4.1 B and 4.1 C hereof, Profits and Losses (and, to the extent
necessary, individual items of income, gain, loss, deduction or credit) of the Company shall be
allocated among the Members in accordance with their Interests, provided however that Profits
and Losses resulting from a sale of the Property shall be allocated in a manner such that, after
giving effect to the special allocations set forth in Section 4.1C hereof, the Capital Account of
each Member, immediately after making such allocation, is, as nearly as possible, equal
(proportionately) to (i) the distributions payable to such Members pursuant to Section 4.4
assuming the Company is liquidated and the net assets of the Company are distributed in
accordance with Section 4.4 to the Members immediately after making such allocation.
4.113 No Profits or Losses shall be allocated to the Class C Members as a result of the
disposition in 2016 of the Alpine Village MHC Property
4.1C The following special allocations shall be made in the following order:
(i) Minimum Gain Char eback. Notwithstanding any other provisions of this
Section 4. 1, if there is a net decrease in "Partnership Minimum Gain" during any Company fiscal
year so that an allocation is-fequired under Section 1.704-2(f) of the Treasury Regulations, each
Member shall be specially allocated items of Company income and gain for such year (and, if
necessary, for subsequent years) in an amount equal to the greater of (i) the portion of such
Member's share of the net decrease in "Partnership Minimum Gain," determined in accordance
with Section 1.704-2(d) of the Treasury Regulations, that is allocable to the disposition of
Company property subject to one or more "Nonrecourse Liabilities," and (ii) the amount
necessary to eliminate any deficit in such Member's Adjusted Capital Account. Allocations
pursuant to the previous sentence shall be made in proportion to and to the extent of the portion
of such Member's share of the net decrease in "Partnership Minimum Gain" and in accordance
with Section 1.704-2(g) of the Treasury Regulations. The items to be so allocated shall be
determined in accordance with Section 1.704-2(f) of the Treasury Regulations. This Section
1�1
21734081.3 -g-
4.1C(i) is intended to comply with the Minimum Gain Chargeback requirement in such Section
of the Treasury Regulations and shall be interpreted consistently therewith. To the extent
permitted by such Section of the Regulations and for purposes of this Section 4.1C(i) only, the
deficit in a Member's Adjusted Capital Account shall be determined prior to any other
allocations pursuant to this Section 4.1C with respect to such fiscal year and without regard to
any net decrease in "Partner Nonrecourse Debt Minimum Gain" during such fiscal year.
(ii) Partner Minimum Gain Char eback. Notwithstanding any other provision
of this Section 4.1 except Section 4.1 C(i) above, if there is a net decrease in "Partner
Nonrecourse Debt Minimum Gain" during any Company fiscal year, each Member who has a
share of the "Partner Nonrecourse Debt Minimum Gain," determined in accordance with Section
1.704-2(h)(4) of the Treasury Regulations, shall be specially allocated items of Company income
and gain for such year (and, if necessary, subsequent years) in an amount equal to the greater of
(i) the portion of such Member's share of the net decrease in "Partner Nonrecourse Debt
Minimum Gain" determined in accordance with Section 1.704-2(i) of such Treasury Regulations,
that is allocable to the disposition of Company property subject to such "Partner Nonrecourse
Debt" determined in accordance with the Treasury Regulations, and (ii) the amount necessary to
eliminate any deficit in such Member's Adjusted Capital Account. Allocations pursuant to the
previous sentence shall be made in proportion to the respective amounts required to be allocated
to each of the Members pursuant thereto. The items to be so allocated shall be determined in
accordance with Section 1.704-2(i) of the Regulations. This Section 4.1 C(ii) is intended to
comply with the Minimum Gain Chargeback requirement in such Section of the Regulations and
shall be interpreted consistently therewith. Solely for purposes of this Section 4.1C(ii), the
deficit in a Member's Adjusted Capital Account shall be determined prior to any other
allocations pursuant to this Section 4.1 C with respect to such fiscal year, other than allocations
pursuant to Section 4.1 C(i) hereof.
(iii) Qualified Income Offset. In the event that any Member unexpectedly
receives any adjustments, allocations or distributions described in Section 1.704-1(b)(2)(ii)(d)(4)
through (6) of the Treasury Regulations, items of Company income and gain shall be specially
allocated to such Member in an amount and manner sufficient to eliminate any deficit in its
Adjusted Capital Account created by such adjustments, allocations, or distributions as quickly as
possible, provided that an allocation pursuant to this Section 4.1C(iii) shall be made only if and
to the extent that the Member would have a deficit in its Adjusted Capital Account after all other
allocations provided for in this Section 4.1 have been tentatively made as if this Section 4.1C(iii)
were not a part of this Agreement.
(iv) -Gross Income Allocation. In the event that a Member has a deficit in its
Capital Account at the end of any Company fiscal year that is in excess of its share of
"Partnership Minimum Gain" and "Partner Nonrecourse Debt Minimum Gain", such Member
shall be specially allocated items of Company income and gain in the amount of such excess as
quickly as possible, provided that an allocation pursuant to this Section 4.1 C(iv) shall be made
only if and to the extent that such Member would have a deficit Capital Account in excess of
such sum after all other allocations provided for in this Section 4.1 have been tentatively made as
if Section 4.1 C(iii) hereof and this Section'4.1 C(iv) were not a part of this Agreement.
10 21734081.3
-9-
(v) Nonrecourse Deductions.
among the Members pro rata, based on their
reasonably determined by the Manager.
"Nonrecourse Deductions" shall be allocated
Interests, or in any other permissible method
(vi) Partner Nonrecourse Deductions. Any "Partner Nonrecourse Deductions"
for any fiscal year shall be allocated to the Member who bears the economic risk of loss with
respect to the "Partner Nonrecourse Debt" to which such "Partner Nonrecourse Deductions" are
attributable in accordance with Section 1.704-20) of the Treasury Regulations.
4.113 Curative Allocations. For purposes of the following curative provisions, the
"Regulatory Allocations" consist of the "Basic Regulatory Allocations," the "Nonrecourse
Regulatory Allocations," and the "Partner Nonrecourse Regulatory Allocations," all as
hereinafter defined:
(i) The "Basic Regulatory Allocations" consist of allocations pursuant to
Sections 4.1 C(iii) and 4.1 C(iv) hereof. Notwithstanding any other provisions of this Agreement,
other than the Regulatory Allocations, the Basic Regulatory Allocations shall be taken into
account in allocating items of income, gain, loss, and deduction among the Members so that, to
the extent possible, the net amount of such allocations of other items and the Basic Regulatory
Allocations to each Member shall be equal to the net amount that would have been allocated to
each such Member if the Basic Regulatory Allocations had not occurred.
(ii) The "Nonrecourse Regulatory Allocations" consist of all allocations
pursuant to Sections 4.1C(i) and 4.1C(v) hereof. Notwithstanding any other provision of this
Agreement, other than the Regulatory Allocations, the Nonrecourse Regulatory Allocations shall
be taken into account in allocating items of income, gain, loss and deduction among the
Members so that, to the extent possible, the net amount of such allocations of other items and the
Nonrecourse Regulatory Allocations to each Member shall be equal to the net amount that would
have been allocated to each such Member if the Nonrecourse Regulatory Allocations had not
occurred. For purposes of applying the foregoing sentence, (a) no allocations pursuant to this
Section 4.1 D(ii) shall be made prior to the Company fiscal year during which there is a net
decrease in "Partnership Minimum Gain," and then only to the extent necessary to avoid any
potential economic distortions caused by such net decrease in "Partnership Minimum Gain," and
(b) allocations pursuant to this Section 4.1 D(ii) shall be deferred with respect to allocations
pursuant to Section 4.1 C(v) hereof to the extent that such allocations are likely to be offset by
subsequent allocations pursuant to Section 4.1C(i) hereof.
(iii) The "Partner Nonrecourse Regulatory Allocations" consist of all
allocations pursuant to Sections 4.1C(ii) and 4.1C(vi) hereof. Notwithstanding any other
provisions of this Agreement, other than the Regulatory Allocations, the Partner Nonrecourse
Regulatory Allocations shall be taken into account in allocating items of -income, gain, loss, and
deduction among the Members so that, to the extent possible, the net amount of such allocations
of other items and the Partner Nonrecourse Regulatory Allocations to each Member shall be
equal to the net amount that would have been allocated to each such Member if the Partner
Nonrecourse Regulatory Allocations had not occurred. For purposes of applying the foregoing
sentence (i) no allocations pursuant to this Section 4.113(iii) shall be made with respect to
allocations pursuant to Section 4.1 C(vi) relating to a particular "Partner Nonrecourse Debt" prior
21734081.3 -10-
to the Company fiscal year during which there is a net decrease in "Partner Nonrecourse Debt
Minimum Gain," and then only to the extent necessary to avoid any potential economic
distortions caused by such net decrease in "Partner Nonrecourse Debt Minimum Gain," and (ii)
allocations pursuant to this Section 4.11)(iii) shall be deferred with respect to allocations
pursuant to Section 4.1C(vi) hereof relating to a particular "Partner Nonrecourse Debt Minimum
Gain" to the extent that such allocations are likely to be offset by subsequent allocations pursuant
to Section 4.1C(ii) hereof.
4.1E Anything contained in this Section 4.1 to the contrary notwithstanding, the
allocation of Profits, Losses and items of income, gain, expense or loss for any fiscal year of the
Company during which a person acquires an Interest (other than upon formation of the
Company) shall take into account the Members' varying interests in the Company for such fiscal
year pursuant to any method permissible under Section 706 of the Code that is selected by the
Manager.
4.1F For purposes of this Section 4.1:
(i) "Adjusted. Capital Account" means such Member's Capital Account (i)
reduced by those anticipated allocations, adjustments and distributions described in Section
1.704-1(b)(2)(ii)(d)(4)-(6) of the Treasury Regulations, and (ii) increased by such Member's
share of "Partnership Minimum Gain" and share of "Partner Nonrecourse Debt Minimum Gain".
(ii) All terms set off in quotation marks shall have the respective meanings
ascribed to them in Section 1.704-2 of the Treasury Regulations.
Section 4.2 Special Allocations for Federal Income Tax Purposes
4.2A In the event of the transfer of a Member's Interest or a portion thereof by sale or
exchange, or upon the death of a Member, the Company shall, if the person acquiring such
Company Interest or portion thereof so requests, elect, pursuant to Section 754 of the Code, or
any corresponding provision of succeeding law, to adjust the basis of the Company property.
Each Member hereby agrees to provide the Company with all information necessary to give
effect to such election. Nothing herein shall require the Company to terminate a Section 754
election.
(i) Any change in the amount of the depreciation deducted by the Company,
and any change in the gain or loss of the Company, for Federal income tax purposes, resulting
from sucFi election, shall be allocated entirely to the transferee of the Interest or portion thereof
so transferred; provided, however, neither the capital contribution obligations of, nor the
Interests of, nor the amount of any cash distributions to, the Members shall be affected as a result
of such election, and the making of such election shall have no effect except for Federal income
tax purposes.
(ii) A subsidiary account shall be established on the books of the Company for
each asset, the basis of which is adjusted as a result of such election, and each such subsidiary
account shall be debited (in the case of an increase in basis) or credited (in the case of a decrease
in basis) by the amount of such basis adjustment, and the offsetting credit or debit shall be made
to a subsidiary capital account established on the books of the Company for the transferee
0 21734081.3 -11-
Member. Any change in the amount of the depreciation deducted by the Company,and
any
change in the gam or loss of the Company, for Federal income tax purposes, attributable to the
basis adjustment made as a result of such election shall be debited or credited, as the case may
be, to the appropriate subsidiary asset account and the offsetting credit or debit shall be made to
the subsidiary capital account of the appropriate Member.
4.2B In accordance with Section 704(c) of the Code and the Treasury Regulations
thereunder, income, gain, loss and deduction with respect to any property contributed to the
capital of the Company shall, solely for tax purposes, be allocated among the Members so as to
take account of any variation between the adjusted basis of such property to the Company for
federal income tax purposes and the initial Book Value of such property (computed in
accordance with the definition of Book Value). If the Book Value of any Company property is
adjusted, pursuant to the definition of Book Value, subsequent allocations of income, gain, loss
and deduction with respect to such asset shall take account of any variation between the adjusted
basis of such asset for federal income tax purposes and Book Value of such asset in the same
manner as under Section 704(c) of the Code and the Treasury Regulations thereunder.
Section 4.3 Distributions of Net Cash Flow
The Manager may, in the exercise of his sole discretion, distribute the Net Cash Flow of
the Company to the Members in accordance with their Interests.
Section 4.4 Distributions of Net Sale or Refinance Proceeds
The Manager may, at such times as he determines in the exercise of his sole discretion,
distribute the Net Sale or Refinance Proceeds of the Company to the Members in accordance
with the following order and priority (after deducting therefrom any Reserves determined by the
Manager):
(a) First, to the Class B Members in proportion to, and to the extent of, their shares of the
Class B Preferred Equity Amount; and
(b) To the Members in proportion to their Interests.
ARTICLE FIVE
Rights, Powers and Duties of the Manager
Section 5.1 Management and Control of the Company
5.1 A The Manager, within the authority granted to it under this Agreement, shall have
the exclusive right to manage the business of the Company and is hereby authorized to take any
action of any kind and to do anything and everything it deems necessary in accordance with the
provisions of this Agreement.
•
21734081.3 -12-
5. l B No Member (except one who may also be a Manager, and then only in its capacity
as Manager within the scope of its authority hereunder) shall participate in or have any control
over the Company's business or shall have any authority or right to act for or bind the Company.
5.1C The Company shall initially have one (1) Manager, Edward C. Zeman,
Section 5.2 Authority of the Manager
5.2A The Manager, on behalf of the Company, is hereby authorized to do any of the
following on behalf of the Company and the Real Estate Companies:
(i) acquire the interest in the Real Estate Companies and any real or personal
property which may be necessary, convenient or incidental to the accomplishment of the
purposes of the Company;
(ii) take any action on behalf of the Company (or the Real Estate Companies)
which the Company (or the Real Estate Companies) are entitled to take, including but not limited
to the refinancing or sale of all or any portion of the Property or any Real Estate Companies;
(iii) execute any and all agreements, contracts, documents, certifications and
instruments necessary or convenient in connection with the foregoing;
(iv) borrow money or guaranty loans and issue evidence of indebtedness
. necessary, convenient or incidental to the accomplishment of the purposes of the Company, and
to secure the same by mortgage, pledge or other lien on the Property, or other assets of the
Company, in such amount or amounts as the Manager may determine; provided, however, that
while the Senior Loan is outstanding, no such borrowings by the Company may be secured by an
interest in the Property or in the Real Estate Company if doing so would violate the Senior Loan.
(v) execute, in furtherance of any or all of the purposes of the Company, any
deed, lease, deed of trust, mortgage, note, bill of sale, contract or other instrument conveying,
exchanging or encumbering the real or personal property of the Company or granting a deed in
lieu of foreclosure of any mortgage or other security on the Company Property even if so doing
creates a conflict of interest due to a guaranty by the Manager or its Affiliate of the indebtedness
being discharged thereby.
(vi) repay in whole or in part, refinafft;e, recast, increase, modify or extend any
mortgages or other indebtedness affecting the Property and in connection therewith to execute
any extensions or renewals of such indebtedness on the Property; and
(vii) engage in any kind of activity and perform and carry out contracts of any
kind necessary to, or in connection with, or incidental to the accomplishment of the purposes of
the Company, as may be lawfully carried on or performed by a limited liability company under
the laws of the State of Delaware and any other jurisdiction where the Company carries on its
business.
0 21734081.3 -13-
5.2B Any person dealing with the Company or the Managers may rel upon a
certificate signed by any of the Managers as to: y y p
(i) the identity of the Managers or any Member hereof;
(ii) the existence or nonexistence of any fact or facts which constitute a
condition precedent to acts by the Manager or which are in any other manner germane to the
affairs of the Company; or
(iii) the Persons who are authorized to execute and deliver any instrument or
document of the Company.
Section 5.3 Duties and Obligations of the Manager
5.3A The Manager shall take all actions which may be necessary or appropriate for the
continuation of the Company's valid existence as a limited liability company under the Act.
5.3B The Manager shall devote to the Company such time as may be necessary for the
proper performance of its duties hereunder, but shall not be expected to devote its full time to the
performance of such duties.
5.3C The Manager shall at all times use its best efforts to assure that the Company will
be classified for federal income tax purposes as a partnership and not as an association taxable as
a corporation unless the election to be taxed as a corporation will, in the sole discretion of the
Manager, confer an advantageous tax benefit to the Members.
5.31) The Manager shall take such actions as may be necessary or appropriate in order
to form or qualify the Company under the laws of any jurisdiction in which the Company is
doing business or in which such forination or qualification is necessary in order to protect the
limited liability of the Members or in order to continue in effect such formation or qualification.
The Manager shall file or cause to be filed for recordation in the office of the appropriate
authorities of the State of Delaware, such certificates, annual reports and other documents as are
required by applicable statutes, rules or regulations.
5.3E The Manager shall prepare or cause to be prepared and shall file on or before the
due date therefor (or any extension thereof) any federal, state or local partnership or other tax
returns required to be filed by the Company.
Section 5.4 Restrictions on Authority of Manager
Without the written consent or ratification of the specific act by all Members, the
Manager shall not have the authority to:
(i) do any act in contravention of this Agreement or the Company's
Certificate of Formation, as amended from time to time; or
21734081.3 -14-
0 (ii) possess Company Property, or assign its rights in specific Company
property, for other than a Company Purpose.
It is expressly agreed and understood that the Manager does not require the consent of any of the
Members to dispose of the Alpine Village MHC Property, to acquire the Property or to structure
such purchase and sale as a Section 1031 exchange.
Section 5.5 Compensation of Manager and Affiliates
The Manager may cause the Company or any Real Estate Company to pay property
management fees or other customary fees payable to real estate service providers regardless
whether such fees are paid to an Affiliate of the Manager or any Member.
Section 5.6 Other Business of Members or Managers
Any Member or Manager, or their Affiliates, may engage independently or with others in
other business ventures of every nature and description, including, without limitation, the
rendering of advice or services of any kind to other investors and the making or management of
other investments. Nothing in this Agreement shall be deemed to prohibit any Member or
Manager or any of their Affiliates from dealing, or otherwise engaging in business with persons
transacting business with the Company or from providing services relating to the purchase, sale,
management, development or operation of real property, including manufactured home
communities or other real estate developments which may compete with the Property and
receiving compensation therefor. Neither the Company nor any Member shall have any right by
virtue of this Agreement or the Company relationship created hereby in or to such other ventures
or activities or to the income or proceeds derived therefrom, and the pursuit of such ventures,
even if competitive with the business of the Company, shall not be deemed wrongful or
improper. Neither the Manager, the Members nor any of their Affiliates shall be obligated to
present any particular investment opportunity to the Company or any other Member even if such
opportunity is of a character which, if presented to the Company, could be taken by the Company
and each of them shall have the right to take for its own account or to recommend to others any
such particular investment opportunity.
Section 5.7 Limitation on Liability of Managers; Indemnification
Except as may be set forth in the Act, no Manager shall be liable, responsible or
accountable in damages or otherwise to any of the Members for any act or omission performed
or omitted by it in good faith pursuant to -the authority granted to it by this Agreement and in a
manner reasonably believed by it to be within the scope of the authority granted to it by this
Agreement and in the best interests of the Company, provided that such Manager was not guilty
of fraud, bad faith or gross negligence. The Company shall indemnify and save harmless each of
the Managers, their officers, directors, partners, agents, Affiliates, subsidiaries and assigns
against any and all losses, expenses, claims and demands sustained by reason of any acts or
omissions or alleged acts or omissions as a Manager, including judgments, settlements, penalties,
fines, or expenses incurred in a proceeding to which Manager is a party or threatened to be made
a party to the fullest extent permitted by agency law and the limitations of the Act.
0 21734081.3 -15-
•
Section 5.8 Resignation of a Manager
Any Manager of the Company may resign at any time by giving written notice to the
Members of the Company. The resignation of any Manager shall take effect upon receipt of
notice thereof or at such later time as shall be specified in such notice; and, unless otherwise
specified therein, the acceptance of such resignation shall not be necessary to make it effective.
The resignation of a Manager who is also a Member shall not affect the Manager's rights as a
Member and shall not constitute a withdrawal of a Member.
ARTICLE SIX
Rights and Obligations of Members
Section 6.1 Limitation of Liability
Each Member's liability shall be limited as set forth in this Agreement, the Act and other
applicable law.
Section 6.2 Company Debt Liability
A Member will not be personally liable for any debts or losses of the Company beyond
its respective Capital Contributions except as provided in Section 6.4 herein or as otherwise
required by law.
Section 6.3 List of Members
The Manager shall maintain a list showing the names, addresses and Interests of all
Members.
Section 6.4 Liability of a Member to the Company
A Member who receives a distribution made by the Company with knowledge of facts
indicating that such distribution is either in violation of this Agreement or the Act, is liable to the
Company for a period of two years after such distribution for the amount of the distribution such
Member accepts or receives.
•
21734081.3 -16-
0 ARTICLE SEVEN
Transferability of Members' Interest
Section 7.1 Restrictions on Transfer of Interests
Subject to any limitations set forth in this Agreement and/or the Loan Documents, each
Class B Member may assign in whole or in part its limited liability company interest in the
Company so long as; (i) the assignee is either (a) a Class B Member's spouse, sibling, parent or
descendant (by blood or adoption), (b) a trust with respect to which the trustee(s) and/or
beneficiary(ies) are the Class B Member or the Class B Member's spouse, sibling, parent or
descendant (by blood or adoption) or (c) a legal representative of a Member; or (ii) such Class B
Member first makes an offer to sell such Class B Member's limited liability company interest to
each Class A Member (on a pro rata basis), and each Class A Member either (1) accepts such
offer within 60 days after such Class B Member offers to sell such Class B Member's limited
liability company interest on commercially reasonable terms or on identical terms as to which a
third party assignee has offered to purchase such Class B Member's limited liability company
interest or (2) declines such offer to purchase such Class B Member's limited liability company
interest, in which case, the Class B Member shall consummate the assignment of such Class B
Member's limited liability company interest to such third party within 30 days thereafter on the
same terms as originally offered. Each Class A Member may assign in whole or in part its
limited liability interest in the Company. If a Member properly transfers all of its limited
liability company interest in the Company pursuant to this Section 7.1., the transferee shall be
admitted to the Company as a member of the Company upon its execution of an instrument
signifying its agreement to be bound by the terms and conditions of this Agreement, which
instrument may be a counterpart signature page to this Agreement. Such admission shall be
deemed effective immediately prior to the transfer and, immediately following such admission,
the transferor Member shall cease to be a Member of the Company. Each of the Members
acknowledges that the interest of the Class B Members are subject to a Buy -Sell Agreement
entered into between the Class B Members and the Class A Members. The Loan Documents
may require advance written notice of Permitted Transfers to the holder of the Senior Loan and
certain documents to be prepared and filed by Borrower, and it is expressly understood that any
such costs shall, at the Company's direction, be borne by the Members wishing to make the
transfer, and no transfers shall be valid unless all provisions and procedures imposed by the
Senior Loan are followed. Any transfers in violation of this Section 7.1 shall be null and void as
if they were never made. The Class C Members shall not assign their Interests without written
approval of the Manager and-Mny attempted disposition of their Interests without the M=anager's
written approval shall be null and void.
Section 7.2 Assignees and Substitute Members
If a Member dies, its personal representative, executor, administrator or trustee, or, if it is
adjudicated incompetent, its guardian or conservator, or, if it becomes bankrupt, the receiver or
trustee of its estate, shall have all the rights of the Member.
21734081.3 -17-
Section 7.3 Withdrawal Event of a Member
The bankruptcy, death, dissolution, liquidation, termination or adjudication of
incompetency of a Member shall not cause the termination or dissolution of the Company and
the business of the Company shall continue. Upon any such occurrence, the trustee, receiver,
executor, administrator, committee, guardian or conservator of such Member shall have all the
rights of such Member for the purpose of settling or managing its estate or property, subject to
satisfying conditions precedent to the admission of such assignee as a substitute Member. The
transfer by such trustee, receiver, executor, administrator, committee, guardian or conservator of
any Company interest shall be subject to all of the restrictions hereunder to which such transfer
would have been subject if such transfer had been made by such bankrupt, deceased, dissolved,
liquidated, terminated or incompetent Member.
Section 7.4 Permitted Withdrawal
No Member shall resign, retire or otherwise voluntarily withdraw � from the Company
(other than by making an assignment to a Permitted Assign) without the approval of the Manager
and all remaining Member(s). No Member who withdraws from the Company, whether with
such approval or otherwise, shall be entitled to any further distribution from the Company.
ARTICLE EIGHT
Dissolution and Liquidation of the Company
Section 8.1 Events Causing Dissolution
8.1A The Company shall terminate upon the happening of any of the following events:
(i) the satisfaction of payment of all amounts due to the Company pursuant to
the sale of the last remaining Company Property;
(ii) the happening of any other event causing the dissolution of the Company
under the Act and not otherwise addressed specifically herein;
provided that, in no event, shall the Company be dissolved while the Senior Loan is outstanding.
8.1B Dissolution of the Company shall be effective on the day on which the event
occurs giving rise to the dissolution, but the Company shall not terminate until the Company's
Certificate of Dissolution shall have been duly filed and the assets of the Company shall have
been distributed as provided in Section 8.2. Notwithstanding the dissolution of the Company,
prior to the termination of the Company, as aforesaid, the business of the Company and the
affairs of the Members, as such, shall continue to be governed by this Agreement.
21734181.3 -18-
•
•
0 Section 8.2 Liquidation
8.2A Upon dissolution of the Company, the Members shall liquidate the assets of the
Company, apply and distribute the proceeds thereof as contemplated by Section 8.2C of this
Agreement and cause the filing of a Certificate of Dissolution.
8.2B If any assets of the Company are to be distributed in kind, subject to the
provisions of Section 3.5 hereof, such assets shall be distributed on the basis of the fair market
value thereof and any Member entitled to any interest in such assets shall receive such interest
therein as a tenant-in-common with all other Members so entitled. The fair market value of such
assets shall be determined by an independent appraiser.
8.2C All distributions upon liquidation of the Company, including distributions in kind,
shall be deemed to be distributions of Net Cash Flow and shall be made in accordance with
Section 4.4 hereof. Each holder of an Interest in the Company shall look solely to the assets of
the Company for all distributions with respect to the Company and its Capital Contribution
thereto and share of Net Cash Flow and shall have no recourse therefor (upon dissolution or
otherwise) against any Member.
ARTICLE NINE
Books and Records, Accounting Reports, Tax Elections
Section 9.1 Books and Records
9.1A The books and records of the Company shall be maintained at the principal office
of the Company.
9.1 B The Manager shall prepare or have prepared all tax returns of the Company.
Section 9.2 Accounting Method and Fiscal Year
The books of the Company shall operate on a calendar year and shall use such method of
accounting as shall be determined by the Manager.
Section 9.3 Demand Accounts
The demand and other financial accounts of the Company shall be maintained in such
institutions as the Manager shall determine, and withdrawals shall be made only in the regular
course of Company business on such signature or signatures as the Manager may determine. All
deposits and other funds not needed in the operation of the business may be invested as the
Manager deems appropriate.
Section 9.4 Reports
9.4A Within the time period required by law after the end of each fiscal year, the
Manager shall use commercially reasonable efforts to send to each Person who was a Member at
any time during the fiscal year then ended a Schedule K-1 and such other tax information as shall
0 21734081.3 -19-
be necessary for the preparation by such Person of its federal income tax returnand any other
required state income or other tax returns.
9AB As soon as possible after the end of each fiscal year, the Manager shall send to
each Person who was a Member at any time during such period a fmancial statement for the
Company and an income statement for the Property as of the end of such period.
9.4C The financial statements described in this Section need not be audited.
Section 9.5 Tax Matters Member
The Tax Matters Member within the meaning of a tax matters partner under Section
623l(a)(7) of the Code, shall be selected by the Manager. The Manager may designate any other
Manager or Member as Tax Matters Member. The Tax Matters Member shall have all rights and
responsibilities of that position described in Sections 6222 through 6232 of the Code. Each
Member irrevocably appoints the Tax Matters Member as its attomey-in-fact with full power and
authority to act in its and on its behalf in negotiating, settling or refusing to settle all tax issues
raised relating to the Company. The Company shall indemnify and hold the Tax Matters
Member harmless from and against any claim, loss, expense, liability, action or damage,
including attorney fees and costs, resulting from its acting or failing to act as Tax Matters
Member. Beginning in 2018, the Manager shall serve as the "partnership representative" for IRS
purposes.
Section 9.6 Maintenance of Documents; Maintenance of List of Members •
The Manager, on behalf of the Company, shall maintain, at the principal office of the
Company, a copy of the Certificate of Formation, this Agreement and any amendments thereto.
ARTICLE TEN
Meetings and Voting Rights of Members
Section 10.1 Meetings
No meetings of the Members shall be required. Decisions of the Company which require
consent of the Members shall be made by the written Consent of the Class A Member, who shall
hold all voting rights of the Members, subject to Section 12.2. The—Class B Members and the
Class C Members shall not hold voting rights in the Company.
ARTICLE ELEVEN
Securities Law Provisions
Section 11.1 Claim of Exemption
The Interests have not been registered under the Securities Act of 1933 (the "Federal
Act") or the Securities Act of any State and are being offered for sale pursuant to applicable
21734081.3 -20-
exemptions from registration. The provisions contained in this Article Eleven have been
included in this Agreement with respect to the conditions which must be satisfied in order for
such exemptions to be available.
Section 11.2 General Provisions
11.2A Each Member hereby represents that (i) the Interest it is acquiring hereunder is
being acquired solely for its own account, and not for or on behalf of other persons, (ii) such
Interest is being acquired for investment purposes only, and not for resale or distribution, and
(iii) it has no contract, agreement, undertaking or arrangement, and no intention to enter into any
contract, agreement, undertaking or arrangement to sell, transfer or pledge such Interest or any
part thereof.
11.213 If the Company shall ever have a transfer agent, the Company shall issue stop
transfer instructions to the Company's transfer agent with respect to the Interests acquired
hereunder, and the Company shall make a notation in the appropriate records of the Company
that will prevent the sale, transfer or assignment of such Interests until such time as the Managers
are satisfied that any such sale, transfer or assignment is not in violation of the applicable
provisions of the Federal Act and is not in violation of the restrictions against the sale, transfer or
assignment of such Interests contained in this Agreement.
11.2C Each Member hereby agrees that it will not sell, transfer or assign its Interest, or
any portion thereof, without registration under the Federal Act or exemption therefrom.
ARTICLE TWELVE
Miscellaneous Provisions
Section 12.1 Appointment of Managers as Attomey-in-Fact
12.1 A Each Member, including each Additional and Substituted Member, by the
execution of this Agreement, irrevocably constitutes and appoints each Manager its true and
lawful attorney-in-fact with full power and authority in its name, place and stead to execute,
acknowledge, deliver, swear to, file and record at the appropriate public offices such documents
as may be necessary or appropriate to carry out the provisions of this Agreement, including but
not limited to:
(i) the Certificate of Formation and any- amendment thereof, which the
Manager deems appropriate to form, qualify or continue the Company as a limited liability
company in the State of Delaware or other jurisdiction in which the Manager deems such filings
appropriate;
(ii) all amendments to this Agreement duly adopted by the Members in
accordance with Section 12.2 hereof; and
(iii) all conveyances and other instruments which the Manager deems
appropriate to reflect the dissolution and termination of the Company.
is21734081.3 -21-
12.1 13 The appointment by all Members of the Manager as attorney-in-fact shall be 0
deemed to be a power coupled with an interest, in recognition of the fact that each of the
Members under this Agreement will be relying upon the power of the Manager to act as
contemplated by this Agreement in any filing or other action by it on behalf of the Company, and
shall survive the bankruptcy, death, incompetence or dissolution of any Person hereby giving
such power and the transfer or assignment of all or any part of the Interest in the Company of
such Person; provided, however, that in the event of the transfer by a Member of all or any part
of its interest in the Company, the foregoing power of attorney of a transferor Member shall
survive such transfer only until such time as the transferee shall have been admitted to the
Company as a Substituted Member and all required documents and instruments shall have been
duly executed, filed and recorded to effect such substitution.
Section 12.2 Amendments
12.2A The Class A Member shall have sole authority to amend this Agreement in the
sole discretion of the Class A Member, provided that without the consent of the Class B Member
or Class C Member in question no amendment shall be effective as to such Member which
would: (i) modify the limited liability of such Member or (ii) reduce the Interest of such
Member or modify the order and priority of distributions to the Member under Sections 4.3 or
4.4 hereof. The Manager shall be permitted to cause the Company or the Real Estate Companies
to enter into a merger, reorganization, restructuring or substantially similar transaction involving
one or more of the Real Estate Companies, the Company and/or any new direct or indirect
subsidiwy(ies) of the Company if it is determined by the Manager to do so in connection with
financing, tax or legal reasons, and the amendments occasioned thereby shall not require the .
approval of the Members.
12.2B In making any amendments, there shall be prepared and filed by the Manager for
recording such documents and certificates as shall be required to be prepared and filed under the
Act.
Section 12.3 Parties in Interest
The covenants and agreements contained herein shall be binding upon, and inure to the
benefit of, the heirs, executors, administrators, personal representatives, successors and assigns
of the respective parties hereto. Nothing in this Agreement, expressed or implied, is intended to
confer on any person any rights or remedies under or by this Agreement.
Section 12.4 Entire Agreement
The parties agree that this instrument (together with attached exhibits and schedules)
contains the entire understanding among the parties hereto with respect to the subject matter
hereof, and supersedes all prior and contemporaneous agreements and understandings, proposals,
representations, warranties, inducements or conditions, express or implied, oral or written, except
as herein contained. The parties acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. The parties further agree that this Agreement may not in
any way be explained or supplemented by a prior or existing course of dealing between the
parties, by any usage of any trade or custom, or by any prior performance by the parties pursuant
17J
21734081.3 -22-
to this Agreement. This Agreement may not be modified or amended other than by an
agreement in writing.
Section 12.5 Governing Law
The validity of this Agreement, the terns hereof, and all duties, obligations and rights
existing herefrom, shall be governed by and interpreted in accordance with the local laws of the
State of Delaware.
Section 12.6 Severability of Provisions
Each provision of this Agreement shall be considered separable and if for any reason any
provision or provisions hereof are determined to be invalid and contrary to any existing or future
law, such invalidity shall not impair the operation of or affect those portions of this Agreement
which are valid.
Section 12.7 Captions
The captions contained in this Agreement (including exhibits and schedules) are for
convenience only, form no part of this Agreement and shall not in any manner amplify, limit,
modify or otherwise affect the interpretation of this Agreement.
Section 12.8 Gender and Number
As used in this Agreement (including exhibits and schedules), the masculine, feminine or
neuter gender and the singular or plural number shall be deemed to include the others whenever
the context so indicates or requires.
Section 12.9 Waiver of Conflict
The Members acknowledge and agree that the Manager has asked the firm of Honigman
Miller Schwartz and Cohn LLP (the "Firm") to prepare this Agreement. Terms may be included
in this Agreement or omitted therefrom or expressed in such a way that had any Member retained
separate legal counsel certain advantages may have been obtained or certain disadvantages may
have been avoided. Nevertheless the Manager and Class A Member, and by their execution
hereof, the Class B Members and Class C Members, have deemed it more expedient and
beneficial to request that the Firm undertake this task. Accordingly, each Member waives any
and all resulting conflicts of interest which the Fern may have. Each Member has reviewed or
has had the opportunity to review this Agreement with separate legal counsel of such Member's
choosing and has independently determined that the terms and conditions of this Agreement are
fair and reasonable.
Section 12.10 Counterparts
This Agreement may be executed in several counterparts, all of which together shall
constitute one agreement binding on all parties hereto, notwithstanding that all the parties have
not signed the same counterpart. Each Member, Substituted Member and Additional Member,
shall become a signatory hereof by signing such number of counterpart signature pages to this
21734081.3 -23-
Agreement or such other instrument or instruments, and in such manner and at such time, as the
Manager shall determine. By so signing, each Additional Member and Substituted Member, as
the case may be, shall be deemed to have adopted, and to have agreed to be bound by all the
provisions of, this Agreement, as amended from time to time in accordance with the provisions
of this Agreement; provided, however, that no such counterpart shall be binding until it shall
have been accepted by the Manager pursuant to the provisions of Article Seven as to Substituted
Members. Facsimile and PDF copies of signature pages shall be accepted as originals.
(SIGNATURES ON NEXT PAGE)
•
•
21734081.3 -24-
WHEREFORE, the undersigned have executed this Agreement as of the Effective Date.
J
0 21734081.2
CLASS A MEMBER
man
MANAGER
ward C. Zeman
CLASS B MEMBERS
See attached
CLASS C MEMBERS
See attached
SIGNATURE PAGE FOR CLASS 8 AND CLASS C MEMBERS
AMENDED AND RESTATED OPERATING AGREEMENT OF
ALPINE VILLAGE MHC LLC
Commonwealth Trust Company, Trustee
of ECZ Delaware Trust ego pA: K!C p
Dorothy M. Zeman, Trustee of
The ZAP Trust #2
Mark CoN -oily
Jeffrey J. Fannon, Trustee of Jeffrey
J. Fannon and Melanie A, Fannon Living, Trust
21731051.2
Dorothy M. Zeman, Trustee of the
Zeman Appreciation Trust
Dorothy M. Zeman, Trustee of the
Patrick M, Zeman Grandchild Trust
Debra J. Piz •, W c of Debt -a J.
Pizer Living Trust
SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS
AMENDED AND RESTATED OPERATING AGREEMENT OF
ALPINE VILLAGE MHC LLC
Commonwealth Trust Company, Trustee
of ECZ Delaware Trust F&D PaTR 1GK
4!�;-
Dorothy Zema rustee of
The ZAP Trust #2
Mark Connolly
Jeffrey J. Fannon, Trustee of Jeffrey
• J. Fannon and Melanie A, Fannon Living Trust
0
21734081.2
Dorothy M. a an, T ee of the
Zeman Appre ration Trust
Dorothy M, man,tee of the
Patrick M. Zeman Grandchild Trust
Debra J. Pizer, Trustee of Debra J.
Pizer Living Trust
SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS
AMENDED AND RESTATED OPERATING AGREEMENT OF
ALPINE VILLAGE MHC LLC
w
OmoalthRTm*mmstee Dorothy M. Zeman, Trusteeareick Zeman Appreciation Trust
Dorothy M. Zeman, Trustee of
The ZAP Trust #2
Mark Connolly
Jeffrey J. Fenian, Trustee of Jeffrey
J. Famon and Melanie A. Fannon Living Tout
C mnannaMlThM=..s VNb
rlir101t3
Dorothy M. Zeman, Tmske of the
Petrick M. Zeman Grandchild Trust
Debra J. Pimr, Trustee of Debra J.
Pizer Living Trust
Ll
•
0
SIGNATURE PAGE FOR CLASS B AND CLASS C MEMBERS
AMENDED AND RESTATED OPERATING AGREEMENT OF
ALPINE VILLAGE MHC LLC
Commonwealth Trust Company, Trustee
of ECZ Delaware Trust FBO Patrick
Dorothy M. Zeman, Trustee of
The ZAP Trust #2
Mark Connolly
• jFon
J. Fannon T ustee of Jeffrey
and M nie A. Fannon Living Trust
0 21734081.3
Dorothy M. Zeman, Trustee of the
Zeman Appreciation Trust
Dorothy M. Zeman, Trustee of the
Patrick M. Zeman Grandchild Trust
Debra J. Pizer, Trustee of Debra J.
Pizer Living Trust
Exhibit A
to
Operating Agreement
of
Alpine Village MHC LLC
Member
Interest
CLASS A MEMBER
Edward C. Zeman
0%
CLASS B MEMBERS
Commonwealth Trust Company, Trustee of ECZ Delaware Trust FBO
Patrick
12.32%
Dorothy M. Zeman, Trustee of Zeman Appreciation Trust
4.69%
Dorothy M. Zeman, Trustee of ZAP Trust #2
52.29%
Dorothy M. Zeman, Trustee of Patrick M. Zeman Grandchild Trust
0.7%
CLASS C MEMBERS
Mark Connolly
5%
Debra J. Pizer, Trustee of Debra J. Pizer Living Trust
10%
Jeffrey J. Fannon, Trustees of Jeffrey J. Fannon and Melanie A. Fannon
Living Trust
15%
GRAND TOTAL
100°/n
21734081.3
•
•
ASSIGNMENT Of MEMBERSHIP INTEREST
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which
are hereby acknowledged, the undersigned ("Assignor") does hereby assign, transfer and
convey to Alpine Village MHC LLC ("Assignee"), the membership interests (the "Interests")
described on Schedule A attached hereto and made a part hereof, standing in the name of
the Assignor on the books of Caribbean MHC LLC, an Illinois limited liability company
listed on Schedule A (the "Com an "), together with any and all right, title and interest in
any property, both real and personal, to which the Interests relate and any other rights,
privileges and benefits appertaining thereto.
This Assignment is made pursuant to that certain Limited Liability Company
Sale Agreement dated .June 1, 2016 and subject to all the terms and conditions of the
Operating Agreement of the Company dated May 31, 2016 (the "Agreement"), and
Assignee, by execution of this Assignment, agrees to abide by and be bound by all the
terms and conditions of the Agreement as now in effect or hereinafter amended, in the
place and stead of Assignor,
Assignor certifies (i) that it has full power to make this Assignment under the
Agreement (ii) that this Assignment is being made incompliance with said Agreement. (iii)
that the Agreement has not been amended and remains in full force and effect and (iv)
that the Interests have not otherwise been conveyed, sold, transferred, encumbered,
pledged, hypothecated or assigned.
• WEITOROO$BASLEBIS35MI
22700930.3
E
IN WITNESS WHEREOF, Assignor has executed this Assignment as of
ASSIGNOR.
Accruit Exchange Accommodation Services LLC
a Delaware limited liability company, as Member
Name: Martin S. Edwards
Title: President
Manager joins in the execution hereof to provide
the consent to this Assignment 46
�- M C: Zeman — —
E
*rums 1LEecsuna
•
ACCEPTANCE
The Assignee hereby accepts the foregoing assignment of the Interests and
agrees to be bound by and subject at all times to all of the terms and conditions of the
Agreement as now in effect or hereafter amended, which Agreement is incorporated
herein by reference.
DATED as of
wnnuvuxn%rsuivma
227MV310 ]
ASSIGNEE;
Alpine Village MHC LLC
By.
Name Edward C. Zeman
Authorized Signer
•
SCHEDULE A
100% of the membership Interests of Carribean MHC LLC, an Illinois limited liability
company, which company Is the 99% member of Caribbean MHC Owners LLC an Illinois
limited liability company, which entity is the record owner of that certain property located
at 1 Sunrise Blvd, Naples, FL 34110.
•
Ut GITfi11tMSASIX-MI S 33770
22700930.3
INSTRUCTIONS TO DISBURSE EXCHANGE FUNDS
Exchange Account B AC -11916F3 Bank Account It 200100080346
Exchangor Name Alpine Village MHC LLC _ Disbursement Date 11/7/2016
Purpose of Disbursement Exchange Completed
For the Following Property
These Instructions to Disburse Exchange Funds are submitted by the undersigned Exchanger to Aarmt, UC, ("DualHled Intermediary-),
In accordance with Section 3.4 of the Tax Deferred Exchange Agreement.
❑ Wire Transfer lnstmcllons Entered Below
Bank Name
USBank,NA.
EP-MN-WN1A
Qty
St, Paul
State
MN
ABA/Routing6
071904779
Account0
_
199380317941
In Name Or6AI1
Project Account LLC
Street Address
6547 N. Avondale
City
_
Chicago
State
It ---
Attention
❑ Wire Transfer lnstructlons Attached (Note: Any attachments must be signed by the Exchanger)
• Please select we of the following disbursement options:
X Disburse all available exchange funds, including any ❑ Specific Disbursement Amount
applicable posted Interest.
Exchanger: Alpine Village MH4 LlC
Signature
By. _ Edward C. Zeman _
Title
Qualified Intermediary:
ACCRUIT, LLC
By Martin S. Edwards
Title I ;
2"a Exchanger (if applicable):
Signature
By _
Title
If not submitting via 00cus4n,
please submit this signed request to:
exchanges®accruit<om
or
888892-5899 fax
Same Day Processing Deadline:
120 PM Central Time
5/12/2 11 2:55 coo:
Di n a tions
Opp
Florida Department of State
Division of Corporations
Electronic Filing Cover Sheet
Note: Please print this page and use it as a cover sheet. Type the fax audit
number (shown below) on the top and botiom of all pages of the document,
(((H16000117994 3)))
N16000117994UBC5
Note: DO NOT hit the REFRESI.1/RELOA D button on your browser from this
page. Doing so will generate another cover sheet.
•
To:
Division of Corporations
Fax Number : (850)617-6383 .
From:
Account Name C T CORPORATION SYSTEM
Account Number FCAOOOOOD023
Phone (850)205-8842
Fax Number : (850)878-5368
**Enter the email address for this business entity to be used for future
annual report mailings. Enter only one emAil address please.**
Email Addreae:
Foreign Limited Liability Company = rr
CARIBBEAN M14C OWNER LLC
Certificate of Status L-- _ 0 1
Certified Copy
Page Count
Estimated Charge 5125.00
MAY 11QI6
Electronic Filing Menu Corporate Filing Menu
Y SULKER
Help
-A
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3
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cn
to
https:/le0ie.sunbiz.org/scripts/Cfilcow.exe 5/12/2016
•
51!2/2016 11:02:55 AM From: To: 8506176383( 2/4 )
I
COVER LEWER
To Registration $cctfon
Division of'Corporatloru
slls.lec,"r:
Caribbmn M14C Owner LLC
Name of Limited Liability Company
The enclosed "APPlicarton by Foreign Limited Liability Company for Authorization to Transnet Business in Florida," Certiflcata of
Existence, and chcok ere submitted to register the above referenced ibmign limited liability company to Iransact business in Pkuida..
Please rettira all correspondence concerning rtes matter to the following:
13sme of Person
FirrrtlCompany
Address
• City/Stote and Zip Cod*
E-mail ad ass: {to bc use or fume nnnusi tepee non rcatlon
For further infonnation concerning this matter, picase calf:
Name of Contact Person
MAILING ADDRESS;
Division pfCorpomtions
Registration Section
P.O. Box 6327
Tallahassee, FL 32314
Encioscd is a check for d-i,following amount.
Cl S 125.00 Piling Fee 0 S130-00 Filing Fee 8c
Ceriiicole of Status
PWST. Wrow lswafta )OW'M 0"4"
at {_
Arca CO(k Daythne Tclephotle N%mber
STREFTAA DD1RESS::
Division of Corporntions
Registration Section
Clifton Building
2661 Executive Center Circle
TailahuSsce, 'FL 32301
015155.00 Piling Fee do 0 S 160.00 Filing Fee, Certificate
Certified Copy of Status & Cer{ilied Copy
5/12/2016 11:b2:55 All From: To: 8506176383( 3/4 )
APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION T4 TRANSACT' BUSINESS
. IN FLORIDA
NCGMPL841t2 Tl7f1fSVTiCb51d1M,, Fl pRW Sr17i1lES; 771EFOLLOKr1Ar= t5SlBN77EDnTR600MA FORM LAMML1011i7Y
GYlttt'F,4MM 7R0&CTSGti7NW RM -S 57AM rF7LY=j-
I. Caribbean MHC Owner LLC
ZRawcUlzoreign uimijM CnjIj-f-Y-C6-M—Paftr, must include 'United thii5OitYC6ii—"ny,""L4C,"ow"LELIT
(1f nam; anavailabae, toner alterrana narnc adopted for the purpose of tnrtsacting business in r1orids. The Wtemsie uarnc mart includc "Litnited
IAabillry Company," "LLC." or `U.C,")
2
Illinois 3,
n a Ithon it Yr" cTivo3` is t forelp $rititc m n ny (FE number, if app iciAle)
eontparry is organized)
4.
�tcfirstinun-s—w usnneas in for a, r pttorto registration.
(See suctions 605,0904 & 643.49,05, F.S. to dcturminc penalty liability)
9 6547 N. Avondale Avenue, Ste, 301, Chicago, IL W631
( IrcotAddretso Pnrtcrpel eco
6. 6547 N. Avondale Avenue, Ste. 301, Chicago, 1L 60631
m ng Address
7. Name and (:(Leet address of rlorids registered agent: (P.O. Box XQZ acceptable)
—16
Name. C T Corporation System r= � r"
Omee Address: 1200 Satoh Pine Island Road ,r
Plantation 333.24 4-n
(0ty) (Zip code) rn gyp,., �i
Rcgiatcred agent's acceptance:
Having beau reamed as registered agent and to accept service of process for the above stated limited Rabillh, d "fa,ry w"heAce'
designated In this oppllration, ! hereby accept the oppointrnent as registered ageur and agroe to act In this cat{ i er agree
to comply with the provisions of an statrstas relative to flit proper and complete performance ofaty duties, an tpra fa�rtr w&h and
aecept tl,e obligations of any position as reentered «gene James M. Halpifl
C T Corporation System �l� �j, h
By;`. —61 /A cj --^ Asst. Secretary
(Regtarared *aertf}er signature)
g, The nattto, title or Captuity and address of the persons) who hasihave uftrtry to manage iaiaro:
Caribbean MHC Managing Member LLC- - Ma,tttger
6547 N. Avondale Avenue, Ste. 301, Chicago, IL 64631
9. Attached is n eertibcatc of exisit nCe, no titan than 90 days old, ditty authontiented by the official baying custody of records in the
jurisdiction under the low of which it is organized. (if Elle certifn:ate is in a foreign language, a translation of the certificate under oath
of the translator must be submitted)
V
Sts wwre otan sutnorf=tl person
This document is executed in accordance with section 603.0203 (1) (b), Florida Statutes. I aril aware that any felae tnformatlon
submitted in a docttmeat to the Department of State canstitutea a 06id tdcgree felonyas provided for in x,$17.155, F.S.
Valerie $arras, Authorized Person
'typed at pt Inted n8nhc of signec
tti,osr.gnormrt wa�rarm..r orb. .
to
•
:1
5112120/6 11:02:55 KM From: To: 8506176383{ 4/4 j
File .Number 0578267-8
To all to whom these Presents Shell Corrie, Greeting:
I, Jesse Mite, Secretary of State of the State of Illinois, do hereby
certify that I am the keeper of the records of the Department of
Business Services. I certify that
CARTBBEAN MHC OWNER LLC, HAVING ORGANIZED IN THE STATE OF ILLINOIS ON
MAY 04, 2016, APPEARS TO HAVE COMPLIED WITH ALL PROVISIONS OF THE LIMITED
LIABILITY COMPANY ACT OF THIS STATE, AND AS OF THIS DATE IS IN GOOD
STANDING AS A DOMESTIC LIMITED LIABILITY COMPANY IN THE STATE OF ILLINOIS.
In TeStlrnony Whereof, I hereto set
my hand and cause to be affixed the Great Seat of
the State of Illinois, this 12TH
day of MAY A.D. 2016
Authentication c 76133tN3o8 veripaGte unlit o5t121201T
Autttenticate at: httpJtwwW.cybetdrtv0iEUn039 coin
SECRETARY OF SLATE
•
OPERATING AGREEMENT
OF
CARIBBEAN MIIC MANAGING MEMBER LLC
This Operating Agreement (together with the schedules attached hereto, this
"Agreement") of Caribbean.NIHC Managing Member LLC, (the "Company"), is entered into by
Caribbean MHC LLC, an Illinois limited liability company, as the sole member (the "Member").
The Member, by execution of this Agreement, hereby forms the Company as a limited
liability company pursuant to and in accordance with the Illinois Limited Liability Company Act,
as amended from time to tune (the "Act"), and this Agreement, and the Member hereby agrees as
follows:
Section 1, . Name.
The name of the limited liability company formed hereby is Caribbean MHC Managing
Member LLC,
Section 2. Principal Business Office.
The principal business office of the Company shall be selected by the Manager.
Section 3. Registered Office.
The Manager shall select the registered office of the Company in the State of Illinois.
Section 4. Re 'stered Agent.
The Manager shall select the registered agent of the Company for service of process on
the Company in the State of Illinois.
Section 5. Members.
(a) The Member was admitted to the Company as a member of the Company upon its
execution of a counterpart signature page to this Agreement.
f
(b) The Member may act by written consent,
Section b. Certificates.
The Member shall execute, deliver and file any other certificates (and any amendments
and/or restatements thereof) necessary for the Company to qualify to do business in Illinois and
in any other jurisdiction in which the Company may wish to conduct business.
The existence of the Company as a separate legal entity shall continue until cancellation
of the Articles as provided in the Act.
1
2167 i4Q4.1
r1
LI
Section 7. Purpose.
The purpose to be conducted or promoted by the Company is to act as the managing
member of Caribbean MHC Owner LLC, an Illinois limited liability company, and to cause such
entity to enter into a mortgage loan (the "Loan') pursuant to the documents evidencing such
Loan (the "Loan Documents') and to endeavor to comply with its commitments pursuant to such
Loan Documents, and to conduct any other activities which are beneficial, necessary or
incidental thereto.
Section 8. Management,
The business and affairs of the Company shall be managed by or under the direction of a
Manager. The initial Manager shall be Edward C. Zeman. If Edward C. Zeman ceases to serve as
the Manager for any reason, the Member shall select another Manager. The Manager shall have
the power to do any and all acts necessary, convenient or incidental to or for the furtherance of
the purposes described herein, including all powers, statutory or otherwise. The Manager shall
cause the Company to'comply with the single purpose entity requirements set forth on Schedule
1 attached hereto.
Section 9. Limited Liabilitv.
Except as otherwise expressly provided by the Act, the debts, obligations and liabilities
of the Company, whether arising in contract, tort or otherwise, shall be the debts, obligations and
liabilities solely of the Company, and neither the Member nor any Manager shall be obligated
personally for any such debt, obligation or liability of the Company.
Section 10. Capital Contributions.
The Member has contributed capital to the Company, and shall not be required to make
further contributions without its consent in its sole discretion.
Section I1. Distributions.
Distributions shall be made to the Member at the times and in the aggregate amounts
determined by the Manager.
Section 12. Books and Records.
The Manager shall keep or cause to be kept complete and accurate books of account and
records with respect to the Company's business. The Member and its duly authorized
representatives shall have the right to examine the Company books, records and documents
during normal business hours. The Company's books of account shall be kept using the method
of accounting determined by the Member.
Section 13. Other Business.
Notwithstanding any duty otherwise existing at' law or in equity, the Member and the
Manager may engage in or possess an interest in other business ventures (unconnected with the
Z
21671404.1
•
Company) of every kind and description, independently or with others, and the Company shall
not have any rights in or to such independent ventures or the income or profits therefrom by
virtue of this Agreement.
Section 14. Exculpation and Indemnification.
(a) To the fullest extent permitted by applicable law, neither the Member nor the
Manager, (collectively, the "Covered Persons") shall be liable to the Company or any other
Person who is bound by this Agreement for any loss, damage or claim incurred by reason of any
act or omission performed or omitted by such Covered Person in good faith on behalf of the
Company and in a manner reasonably believed to be within the scope of the authority conferred
on such Covered Person by this Agreement, except that a Covered Person shall be liable for any
such loss, damage or claim incurred by reason of such Covered Person's gross negligence or
willful misconduct.
(b) To the fullest extent permitted .by applicable law, a Covered Person shall be
entitled to indemnification from the Company for any loss, damage or claim incurred by such
Covered Person by reason of any act or omission performed or omitted by such Covered Person
in good faith on behalf of the Company and in a manner reasonably believed to be within the
scope of the authority conferred on such Covered Person by this Agreement, except that no
Covered Person shall be entitled to be indemnified in respect of any loss, damage or claim
incurred by such Covered Person by reason of such Covered Person's gross negligence or willful
misconduct with respect to such acts or omissions.
(c) To the fullest extent permitted by applicable law, expenses (including reasonable
legal fees) incurred by a Covered Person defending any claim, demand, action, suit or
proceeding shall, from time to time, be advanced by the Company prior to the final disposition of
such claim, demand, action, suit or proceeding upon receipt by the Company of an undertaking
by or on behalf of the Covered Person to repay such amount if it shall be determined that the
Covered Person is not entitled to be indemnified as authorized in this Section 20.
(d) A Covered Person shall be fully protected in relying in good faith upon the
records of the Company and upon such information, opinions, reports or statements presented to
the Company by any person as to matters the Covered Person reasonably believes are within
such other person's professional or expert competence and who has been selected with
reasonable care by or on behalf of the Company, including information, opinions, reports or
statements as to the value and amount of the assets, liabilities, or any other facts pertinent to the
existence and amount of assets from which distributions to the Member might properloe paid.
(e) The provisions of this Agreement, to the extent that they restrict or eliminate the
duties and liabilities of a Covered Person to the Company or its members otherwise existing at
law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of
such Covered Person.
(f) The foregoing provisions of this Section 20 shall survive any termination of this
Agreement.
3 1*
21671404.1
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Section 15. Resi ation.
The Member may not resign or assign its interest if doing so would violate the Loan
Documents.
Section 16. Dissolution.
(a) The Company shall be dissolved, and its affairs shall be wound up upon the first
to occur of the following: (i) -the termination of the legal existence of the last remaining member
of the Company or the occurrence of any other event which terminates the continued
membership of the last remaining member of the Company in the Company unless the Company
is continued without dissolution in a manner permitted by this Agreement or the Act or (ii) the
entry of a decree of judicial dissolution under the Act. Upon the occurrence of any event that
causes the last remaining member of the Company to cease to be a member of the Company or
that causes the Member to cease to be a member of the Company (other than upon continuation
of the Company without dissolution upon (i) an assignment by the Member of all of its limited
liability company interest in the Company and the admission of the transferee as a Member, or
(ii) the resignation of the Member and the admission of an additional member of the Company as
a Member), to the fullest extent permitted by law, the personal representative of such member is
hereby authorized to, and shall, within 90 days after the occurrence of the event that terminated
the continued membership of such member in the Company, agree in writing (i) to continue the
Company and (ii) to the admission of the personal representative or its nominee or designee, as
the case may be, as a substitute member of the Company, effective as of the occurrence of the
event that terminated the continued membership of such member in the Company.
(b) Notwithstanding any other provision of this Agreement, the bankruptcy of the
Member shall not cause the Member to cease to be a member of the Company and upon the
occurrence of such an event, the Company shall continue without dissolution.
(c) In the event of dissolution, the Company shall conduct only such activities as are
necessary to wind up its affairs (including the sale of the assets of the Company in an orderly
manner), and the assets of the Company shall be applied in the manner, and in the order of
priority, set forth in the Act.
(d) The Company shall terminate when (i) all of the assets of the Company, after
payment of or due provision for all debts, liabilities and obligations of the Company shall have
been distributed to the Member in the manner provided for in this Agreement an-d(ii) the Articles
shall have been canceied in the manner required by the Act.
Section 17. Waiver of Partition, Nature of Interest.
Except as otherwise expressly provided in this Agreement, to the fullest extent permitted
by law, the Member hereby irrevocably waives any right or power that such person might have
to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or
termination of the Company. The Member shall not have any interest in any specific assets of
the Company, and the Member shall not have the status of a creditor with respect to any
distribution hereof. The interest of the Member in the Company is personal property.
21671404,1
Section 18. Benefits of Agreement,• No Third -Party Rights.
None of the provisions of this Agreement shall be for the benefit of or enforceable by any
creditor of the Company or by any creditor of the Member. Nothing in this Agreement shall be
deemed to create any right in any person (other than Covered Persons) not a party hereto, and
this Agreement shall not be construed in any respect to be a contract in whole or in part for the
benefit of any third person (other than Covered Persons).
Section 19. Severability of Provisions.
Each provision of this Agreement shall be considered severable and if for any reason any
provision or provisions herein are determined to be invalid, unenforceable or illegal under any
existing or future law, such invalidity, unenforceability or illegality shall not impair the operation
of or affect those portions of this Agreement which are valid, enforceable and legal.
Section 20. Entire _A teement.
This Agreement constitutes the entire agreement of the parties with respect to the subject
matter hereof,
Section 21. Governing Law.
This Agreement shall be governed by and construed under the laws of the State of Illinois
(without regard to conflict of laws principles), all rights and remedies being governed by said
laws.
Section 22. Amendments.
This Agreement may be modified, altered, supplemented or amended pursuant to a
written agreement executed and delivered by the Member, but only if doing so would not violate
the Loan Documents,
Section 23. Counterparts.
This Agreement may be executed in any number• of counterparts, each of which shall be
deemed an original of this Agreement and all of which together shall constitute one and the same
instrument.
Section 24. �Pffectiveness.
Pursuant to the Act, this Agreement shall be effective as of the tine of the filing of the
Articles with the Office of the Illinois Secretary of State.
Section 25, Tax Treatment of the Compani.
The Member intends for the Company to be treated as a disregarded entity and not as an
association taxable as a corporation for federal income tax purposes, and the provisions of this
Agreement will be interpreted in a manner consistent with this intention. No election will be
5 0
• filed with the Internal Revenue Service to have the Company taxable as an association for
federal income tax purposes.
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21671404.1
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have •
duly executed this Operating Agreement as of . 2016.
MEMBER:
Caribbean MHC LLC, an Illinois limited
liability company
By: - -
f?t3"xsartl- T lm=, Authorized Signatory
MANAGER:
Edward tr-Zeman � --
S-1 •2101404.1
0 SCHEDULE 1
Capitalized terms used in this schedule 1 shall have the meanings ascribed thereto in
the Loan Documents.
The Company shall comply with all of the following requirements which are applicable
to it as a Managing Member of a Borrower within the meaning of the Loan Documents;
(1) shall not acquire, hold, develop, lease, or improve any real property,
personal property, or assets other than (A) the Mortgaged Property or (B) equity interests
in a Person that owns the Mortgaged Property;
(2) shall not acquire, own, operate, or participate in any business other than
the leasing, ownership, management, operation, and maintenance of the Mortgaged
Property;
(3) shall not commingle its assets or funds with those of any other Person,
unless such assets or funds can easily be segregated and identified in the ordinary course
of business from those of any other Person;
(4) shall maintain its financial statements, accounting records, and other
partnership, real estate investment trust, limited liability company, or corporate
documents, as the case may be, separate from those of any other Person (unless
• Borrower's assets are included in a consolidated financial statement prepared in
accordance with generally accepted accounting principles);
(5) shall have no material financial obligation under any indenture, mortgage,
deed of trust, deed to secure debt, loan agreement, or other agreement or instrument to
which Borrower is a party or by which Borrower is otherwise bound, or to which the
Mortgaged Property is subject or by which it is otherwise encumbered, other than:
(A) unsecured trade payables incurred in the ordinary course of the
operation of the Mortgaged Property (exclusive of amounts (i) to be paid out of
the Replacement Reserve Account or Repairs Escrow Account, or (ii) for
rehabilitation, restoration, repairs, or replacements of the Mortgaged Property or
otherwise approved by Lender) so long as -such trade payables (1) are not
evidenced by a promissory note, (2) are payable within sixty (60) days of the date
incurred, and (3) as of any date, do not exceed the lesser of (x) two percent (2%)
of the Allocable Facility Amount for such Mortgaged Property and (y) in the
aggregate, when added to unsecured trade -payables for all other Mortgaged
Properties in the Collateral Pool, four percent (4%) of the principal balance of the
Advances Outstanding;
(B) if the Security Instrument grants a lien on a leasehold estate,
Borrower's obligations as lessee under the ground lease creating such leasehold
estate; and
0
21671404.1
i
(C) obligations under the Loan Documents and obligations secured by
the Mortgaged Property to the extent permitted by the Loan Documents;
(b) shall not assume, guaranty, or become obligated for the liabilities or
obligations of any other Person, or pledge its assets for the benefit of any other Person
(except in connection with this Master Agreement or other mortgage loans that have been
paid in full or collaterally assigned to Lender, including in connection with any
Consolidation, Extension and Modification Agreement (for Mortgaged Properties in New
York) or similar instrument) or hold out its credit as being available to satisfy the
obligations of any other Person;
(7) shall not make loans or advances to any other Person;
(8) shall not enter into or become a party to, any transaction with any
Borrower Affiliate, except in the ordinary course of business and on terms which are no
more favorable to such Borrower Affiliate than would be obtained in a comparable
arm's-length transaction with an unrelated third party;
(9) shall not acquire obligations or securities of any other Person;
(10) shall pay (or shall cause Property Manager on behalf of Borrower from
Borrower's own funds to pay) its own liabilities, including the salaries of its own
employees, if any, from its own funds and maintain a sufficient number of employees in
light of its contemplated business operations;
(11) shall not fail to hold itself out to the public as a legal entity separate and
distinct from any other Person or to conduct its business solely in its own name or fail to
correct any known misunderstanding regarding its separate identity;
(12) shall allocate fairly and reasonably any overhead for shared expenses;
(13) shall maintain its existence as an entity duly organized, validly existing,
and in good standing (if applicable) under the laws of the jurisdiction of its formation or
organization and shall do all things necessary to observe organizational formalities;
(14) shall not, other than managing member's, sole member's, or general
partner's (as applicable) ownership interest in BoiTower, own any subsidiary or make any
investment in, any Person without the prior written consent of Lender; and
(1 S) without the prior written consent of Lender or unless otherwise required or
permitted by a Cap Security Agreement, shall not enter into or guarantee, provide
security for, or otherwise undertake any form of contingent obligation with respect to any
Hedging Arrangement.
21671404.1 0
Site Plan
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Proof of Ownership
Warranty Deed
Legal Description
•
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•
INSTR 5278181 OR 5283 PG 3510 RECORDED 6/15/2016 11:43 AM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
Doc@.70 $189,000.00 REC $52.50
CONS $27,000,000.00
This Instrument Prepared By:
SCOTT E. GORDON, Esquire
Lutz, Bobo, Telfair, Eastman Dunham,
Gabel, Gordon & Lee
Two North Tamiami Trail, Suite 500
Sarasota, FL 34236
Consideration: $27,000,000.00
After Recording Return To:
KEITH ROSS, Esq.
Levenfeld Pearlstein, LLC
2 N. LaSalle, Ste. 1300
Chicago, IL 60602
NCS:
First American Title Ins, Co.
30 N LaSalle Street, suite 2700
Chicago, IL 60602
This Special Warrant D ed de`b-M
company, ("Grantor") to CA IB
whose post office address s 4
o d I
. ("Grantee").
�
WITNESSETH: that
rantor, for and ii
Dollars ($10.00) and for other
and valuable c
said Grantee„ the receipt where
eby acknoi
convey to Grantee and Grantee's h
a
in Collier County, Florida:
cl
is
Vii;
See Exhibit "A" attached hereto.
a Florida limited liability
is limited liability company,
1, Chicago, Illinois 60631
i"
f the sum of Ten and No/100
zs o said Grantor in hand paid by
hereby grant, bargain, sell and
following described real property
The Property Appraiser's Parcel Identification Number of the above described real
property is 00153360008.
Subject to restrictions, reservations and easements of record as set forth on Exhibit B,
attached hereto.
Subject to real property taxes and special assessments, if any, for the year 2016 and
thereafter.
Together with all the tenements, hereditaments and appurtenances thereto belong or in
anywise appertaining.
To Have and to Hold, the same in fee simple forever.
OR 5283 PG 3511
•
And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey the land;
that Grantor hereby fully warrants the title to said land and will defend the title against the lawful
claims of all personXda, ing by, through or under Grantor.
Dated this of June 2016.
,
-- signatures on following page --
-0C
-
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OR 5283 PG 3512
WITNESSES:
STATE OF ,
COUNTY OF
The foregoing inti
RONALD P. FREEMAN,
company, on behalf of the
Personally Known (OR) Pro
Type of identification produced i
STATE OF j1115
COUNTY OF
RPF FAMILY LLC,
a Florid mi d liabil' y
$ _—c
RONALD P. FREEMAN, SR_.,M@nager
13y f ..
PATRICIA M. FREEMAN, Manager
�acknowlcdged befo �m
day of 'rr2016, by
a Florida limited liability
"OFFICIAL SEAL"
DEBRA A STROCIEK
Notary Public, State of IlivmAs
W Corry nission Expires 09118117
The foregoing instrument was acknowledged before me this f�_ day AW2016, by
PATRICIA M. FREEMAN, as Manager of RPF FAMILY LLC, a Florida limited liability
company, on behalf of the company.
Notary Public en
Print Name:
My Commission Expires:
Personally Known (OR) Produced l4ritification
Type of identification produced (1Y1d�I[1 f "OFFICIAL SEAI1�
DEBRA A STROCIEK
Notary Public. State of Illinois
MY Ca elm Expires 09/113117
3
OR 5283 PG 3513
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of Collier, State of Florida, and is described as
follows:
PARCEL I:
THAT PORTION OF THE SOUTH 881.80 FEET OF THE NW 1/4 OF SECTION 15, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF FLORIDA STATE
ROAD 45 (U.S. 41), LESS THE FOLLOWING DESCRIBED PARCELS:
COMMENCE AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 15, AND RUN S 89033'40"
E ALONG THE SOUTH LINE OF SAID NW 114 34.80 FEET, MORE OR LESS, TO THE EASTERLY
RIGHT-OF-WAY LINE OF SAID STATE ROAD 45 TO THE POINT OF BEGINNING; THENCE RUN
NORTHEASTERLY ALONG SAID RIGHT- LINE ON THE ARC OF A CURVE TO THE
RIGHT, HAVING A RADIUS OF 5679_ A CENTRAL ANGLE OF 5°51'09" FOR
AN ARC DISTANCE OF 580.15 F IdCE '40" E 230.00 FEET; THENCE RUN S
0026'20" W 338.03 FEET; THE ' N 89°3333" W ET; THENCE RUN S 0°26'20" W
335.69 FEET TO
SAID SOUTH LINE 195 00 FRET OIN PEZUg 4WF_POSAID N 1C/4IWN r. CE RUN N 84°33'40" W ALONG
SUBJECT TO EASEMENT JOR S E LY 30 FEET.
AND •
PARCEL If:
TOGETHER WITH ANY LAN ED MAY H UIRED BY VIRTUE OF THAT
CERTAIN VACATION OF A POR WEEN WIGGINS PASS ROAD AND
COUNTY ROAD 887, SOUTH OF BON I1GG ET FORTH IN RESOLUTION NO. 85-150
OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECORDED
IN O.R. BOOK 1148, PAGE 960 OF THE PUBLIC RECORDS % COLLIER COUNTY, FLORIDA,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 114 CORNER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SECTION 15, N
0058'53" W 709.46 FEET, THENCE LEAVING SAID WEST LINE OF SECTION I5, N 89°01'07" E 6.88
FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF NEW SR 45 (SECTION
03010-2519) AND THE WESTERLY RIGHT-OF-WAY LINE OF OLD SR 45 (SECTION 03010-250)
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED,
THENCE N 8800751" E 77.45 FEET TO A POINT OF CURVATURE OF A NON-TANGENTIAL
CURVE TO THE RIGHT, THENCE ALONG THE ARC OF SAID CURVE 179.10 FEET AND HAVING
A RADIUS OF 5954.06 FEET, AND BEING SUBTENDED BY A CHORD OF 179.09 FEET AND A
CHORD BEARING OF N 13042'40" E, THENCE S 88007'06" W 77.69 TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF OLD SR 45 (SECTION 03010-250) AND SAID POINT LYING
ON A NON-TANGENTIAL CURVE TO THE LEFT, THENCE ALONG THE ARC OF SAID CURVE
322.25 FEET, AND HAVING A RADIUS OF 5679.06 FEET AND BEING SUBTENDED BY A CHORD
OF 322.21 FEET AND A CHORD BEARING OF S 1300234" W, THENCE N 88007'50"W 116.35 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NEW SR 45 (SECTION 03010-2519)
SAID POINT BEING ON A NON-TANGENTIAL CURVE TO THE LEFT, THENCE ALONG THE
11
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OR 5283 PG 3514
ARC OF SAID CURVE 138.89 FEET, HAVING A RADIUS OF 3919.72 FEET AND BEING
SUBTENDED BY A CHORD OF 138.88 FEET AND A CHORD BEARING OF N 3030'27" W TO THE
POINT OF BEGINNING.
SUBJECT TO A UTILITY EASEMENT LOCATED ON THE EASTERLY 20 FEET, AND ALSO
SUBJECT TO AN EXCLUSIVE EASEMENT TO COLLIER COUNTY UTILITIES DIVISION
LOCATED ON THE WESTERLY 15 FEET OF THE EASTERLY 35 FEET OF THE ABOVE
DESCRIBED PARCEL AND AN ACCESS EASEMENT OVER THE ENTIRE ABOVE DESCRIBED
PARCEL INCLUDED IN THE AFORESAID RESOLUTION.
1
*** OR 5283 PG 3515 ***
Exhibit B
1. Resolution No. 84-215 of the Board of County Commissioners of Collier County, Florida
recorded in Official Records Book 1109, Page I074, and re-recorded in Official Records
Book I l 10, Page 1790, as affected by that certain Board of County Commissioners of
Collier County, Florida Resolution No: 85-150, recorded in Official Records Book 1148,
Page 960; as corrected and recorded in Official Records Book 1150, Page 1355.
2. Bill of Sale, Absolute, in favor of Collier County, Florida, recorded in Official Records
Book 1313, Page 66, together with that certain Sewer Line Deed in favor of Collier County,
Florida, recorded in Official Records Book 1313, Page 70.
Utility Easement in favor of the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and as ex -officio the governing board of
the Collier County Water -Sewer L in Official Records Book 1693, Page
1013.
4. Easement granted to F riboower & Light
1966, Page 1587.�-
LP 10556543.2\40783.103698
in Official Records Book
40
Narrative Statement
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0 NARRATIVE STATEMENT
The applicant is requesting a Non -Conforming Use Alteration (NUA) petition to allow eight mobile homes
in the C-4 (General Commercial) zoning district. Six homes are existing and two are proposed. The two
proposed homes will be placed on two existing homesites within the Caribbean Park community. The
subject site is a 51.7 -acre parcel, consisting of 359 unit manufactured home sites, located on the northeast
corner of Tamiami Trail and Wiggins Pass Road in North Naples. The 51.7 acre park is currently zoned MH
(Mobile Home) except for a small area fronting Colby Court which is zoned C-4 and which is where the
proposed mobile homes will be located. Mobile homes are not among the permitted uses listed within
the C-4 zoning district, thus the Non -Conforming Use Alteration process has been identified as the
applicable process to allow the intended use of these homesites to continue with replacement homes.
This area was previously zoned GRC (General Retail Commercial) which was converted to the C-4 zoning
district in 1982 as indicated on the attached 1982 Zoning Map provided by Collier County. It should be
noted, however, that this area has always been considered part of Caribbean Park, and mobile homes
have been approved on both homesites in the past. This is indicated on the attachment labeled "Aerials
depicting Subject Site 1975-2016" from the Collier County Property Appraiser that show two mobile
homes occupying the subject property dating back to 1975.
The Non -Conforming Use Alteration process has been identified as the applicable process to allow the
intended use of these homesites to continue. The request meets all of the following criteria established
• for a Nonconforming Use Alteration pursuant to Section 9.03.03.B of the Collier County Land Development
Code, as outlined in the Petition form:
1. The alteration, expansion, or replacement will not increase the density of the parcel or lot on
which the nonconforming single family dwelling, duplex or mobile home is located;
The two proposed mobile homes are replacing two mobile homes which had been previously
permitted on two existing homesites and therefore there will be no increase in density on the
subject property. The MH zoned portion of Caribbean Park is located within the Urban Residential
Subdistrict and the C-4 zoned portion of the property is located within Mixed Use Activity Center
Subdistrict #20 as identified on the Collier County Future Land Use Map. The Urban Residential
Subdistrict and Mixed Use Activity Center Subdistrict land use categories both allow residential
densities through the density rating system to be calculated up to 16 dwelling units per acre, and
the MH zoning district allows a maximum density of 7.26 dwelling units per gross acre. The
existing density for Caribbean Park is 6.94 dwelling units per acre, which conforms with all of these
requirements, and will not be changed because no new dwelling units, only replacements, are
proposed in this request.
2. The alteration, expansion, or replacement will not exceed the building height requirements of
the district most closely associated with the subject nonconforming use;
The MH zoning district, which is the district most closely associated with the subject
nonconforming use, allows a maximum building height of 30 feet. Both replacement homes will
be limited to one story which will not exceed this 30 foot height limitation.
•
3. The alteration, expansion, or replacement will not further encroach upon any nonconforming
setback;
The replacement homes will not further encroach upon any nonconforming setback. The
minimum required setbacks for the GRC zoning district that were in effect at time of the original
placement of the homes were adopted under Ordinance 74-42 (see attached).
The GRC setbacks were as follows:
Front Yard - 15 feet
Side Yard - None or a minimum of 5 feet with unobstructed passage from front to rear
yard.
Rear Yard - 25 feet
The front setback for the replacement homes will be 15 feet from the pavement edge and the
rear setback will be over 2,000 feet from the eastern boundary of Caribbean Park. A minimum
building separation of 10 feet between structures will meet the intent of the side yard setbacks
and will also satisfy the building separation requirements for fire code. It should also be noted
that the proposed setbacks conform to the those established for MH zoned portion of Caribbean
Park when it was originally developed under the MHRP (Mobile Home Rental Park) zoning district
guidelines, which were also in effect under Ordinance 74-42 (see attached).
The MHRP setbacks were as follows:
Front Yard - 10 feet
Side Yard - 0 feet or 5 feet
Rear Yard - 8 feet
Exterior Park Boundary or Buffer Area —10 feet
Public Street — 25 feet
Building or Structure —10 feet
4. The alteration, expansion, or replacement will not will not [sic] decrease or further decrease
the existing parking areas for the structure;
The replacement homes will not decrease any existing parking areas required for the structures.
Consistent with the provision of parking throughout the community on driveways serving the
homes, two parking spaces per each unit will be provided in accordance with Section 4.05.04.G of
the Collier County Land Development Code.
The alteration, expansion, or replacement will not damage the character or quality of the
neighborhood in which it is located or hinder the proper future development of the surrounding
properties;
The two homesites will be redeveloped in a manner consistent with the development pattern
established for Caribbean Park, and the newer replacement homes should be an improvement to
the quality of the existing neighborhood. At present, all surrounding homesites have been
previously developed and therefore the proposed request will not hinder any future development
of the surrounding neighborhood. 0
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6. The alteration, expansion, or replacement will not present a threat to the health, safety, or
welfare of the community or its residents.
The replacement homes will be constructed in accordance with current building codes and
therefore will not present a threat to the health, safety, or welfare of the community or its
residents.
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SECTIONS 15,16,21,22
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Section 29
MHRP — Mobile Home Rental Park
•
11
(tent; nf1 :(9. I;Ii nn-Pns_T J?i, IItx R.• IIPn,� Jl4 1`T.Itlt.
1. P.inl xi •;e Pnr)xl: _,:. 1'he: 1110WfA0.13 of Ulin dibtV.ici•
:,r1, iuLnndull ii, ;Ig..Ly fo u:nn;cnd uw)+31e hcsrv: nminl pnrl::,
ill s:•I:ich )n;.:: mdy, not b1,. ::old tit JndJVidualr: and
umnaq,•a+nM iD praVIcitid.
2. V: .0-1.-0 Vrnn And, (:I:rur, I:nrnr. No I.,,00JIng Dr
lits; ;, ox' liai•1. i.!ii�xnD[; 1:)ia)5 Iwi Dratted• altorcd or
used, er ).mwl or u.il,r erc11, in whole or ill putL, far
Other tl,:n the lol.lm:
T. 1'nYlgii.tpri. l7inciaal. Mum. anil Structure.
❑, 1`urmi P.I'.od Aer,:r.etri W.en 1:nrl fiPl'ttoi'en•o::-
)tttmnnn;ry n:,.: --'nail :Pian; w.r.: <nrattm::a dly vckirici,rtrr] with
AK+Li it hr•n� pmi:b, incl nfii u!1 petites, mc:,-Crt.Jm1 facilitive:,
nrLai hi::;.ras'ir:a ilei.; dings, onn,i ro bnS.ttli.ny::, mel uLi l3 tic::.
C. l:rnricionnl R,•. •: nnA ::I: ✓..I qr.. -_ .- yY::. Wl,,--
3nn, use:: nr,y Fc-jti•:iaY lTx:ii nlil �;je'ec 't:1, "rlti� liiuvi.uion:: of
Oaction 3.4 of. WSn ordlanur-c
(1) Itarf.mar, coutttry alubu, yacht cluhn.
(2) (avic or ealtural f'sailiticr..
(3) Clntzchm:,
(h) ViiSn c:Dnpalati oh ant ticcvprncy of fifty
U:n) p;•rcrvn: or mmuv of Lla, deragned ]ot capacS.ty c -f
Liv. en ,h il., ho;ea rC:rt:ul ptrl:, <:onVnnf earn nrthblJehmcrits of
A camttrnfol )IMium, including atoms, laundry hnd dry
cl.efmiuu n(Icnui cc, bc•outy aLeps rind barber shnpn, may In:
pr,rmit.ind in ilbiln hom rental Partin mJrjoct: to the fnllazing
r(actri(•t.i tlPY: t'lle.: aS tab]i.l:hm^stn m,d Lha parhiug arca
primarily u•lafnd to tboir. oparation shall not occory nwrc
tlum tan (10) PVraellt of the aYeD of. U,c Purl;; chop Ja
uubun'dinntet I:1, the Xarlidcnl.lal are And charnotor of tlta
purl:; 1:111,11 be heated, denitlned, And intended to starve
Lila exc.l un f.er tn,lle of the Service needs, of-parnuuc residing
in tit(' part; and lshdl.l pratr•ni. no Vis.ii.lr evidence of their
CiPt-rcial cherae Luz from nny port.irm of halt puhlic atr-eeL
or way outAirk: the park-.
(a) ifinbila Hemp dulc A, providing fnll.owinrl
zeeti-JDtiouc be flet:
(a) Such use& shAll not occupy more tile,,
be, (10) pr:rcunt of the area of Wirt purl: or two (2) nerent
whichever ba smaller.
(b) Ito outnidn Airplay arca rhall ho
tmatad with a hax,i surf:aev: of c3ld:er cm,crota or plant•
mixed hitmninour, material ra(en1.t dcai.rnble landacnpod arcar,
which shall be uoparated from all paved nrenn.
to) a vieual. buffer Shall bo provl (IDA
around the arciA of outnidu dinpiny adjament Lu msidentJa3
134
HECOADEfl9 A(EIIOi ferlblilry
� :urrW(Morr 11, ,Wr.dosanint
YLty r«dredwv: -
)
IOU 2 PAW 409 -
Pgtr 4o4A
or r,+•s 1.; Inre•• 1nri; d"...)olnnnnt nr vneturl. L...d.
dq Yr:,v'•J '#I;,i 1, rv, Ilick••tilt rrcrclvn, it,
au,lnr luw:: r. :.6- !,-,m to tow -ri'Ity dl r.l'al el: 11.,IL l:J
regnSrr:nr:ntrl el the '1"47:v diutYi ut
:+hull 1- in ao-irisin to III,- rtw,uir:wnen l.r: of the Ithm,
Ui
1: 1. ugl:r 1'. -.
(b) 'f'f1;'J ivt:: ;:1'013 not 1:: f.nrnrrp(-rar(I
.ei tL . ,•11r,• liuu:
Putt
w'lhin tare IIRIa' hut: r.h,O.1 lxr Luca tad
w i.thi u,n :vpnrnl•: t oA tbr. 4:111:1' which :urn in c).vci.-
fJ I.-OPf dnr: L.In�•1<d rn Ilcr plows ;.It 60311.1 re::or.mll nxcJnaivv L)•
for, 'TTIfJ arc.
3.1•lau M•,¢ow:a I•,.'�.li t••nrf_utn. rmyuut plana for a
aarb.f le hui::i , !.n 1. 11:I)-J;rfilIX .o nu)lmi tted Lo the It.irector
and rna:: Crud iou ::hall N, in acuu M.^neo Wi(.ir approvcA
platy; :vvt ;p7oc1'icatianr:.
4. Iti.ni u•,:.r )OL IU•nt+S_cmenl:n.
A. ...Lti nilnnnr i:i Lc nl"Ynii ox• opatro •• 4,000 nquare
feCt.
IJ.Iltni.mun lot width'- 05 fust un mnftRIIMd nL
th,r front yard netbnrl: l.iou.
n_thachn from )uty_hnwnihrSea.
A. Ikr+t'll <jf. h't.xit Ynrd - k411 �LU(• Acct rotbank.
it. r,•pth of fid0 Yard fivu (0) f'aot rclhor..
C. nnfdh elf Imar Yard - night 00 tvet nethnr.Y..
n. ib.xrr a,aarfor bouncaxy of par% or from nuv
roquirnd hulftr area - ton (10) fact uotbnek.
X. preen Public atrnntu - twenty Save (ke) tact
net:hur:k.
an tbnci:. F. Fx%- building or ntructoran - tan (10) fent
6. Minimum Pari; aix,!. Every mobila homy rental park
n:mil i..n� .r �uurr.udvm �.—i,.e Ly (1G) nuaefi oi. i.nu 1.
7. Re1vir._d lfecttnt.inn hroa. Thn fo.lJ.nwfnq mrwunt of
Snnd or wntCr ,rho1T lie ::eti itsiTand developed for rccrea-
tiunal purpotton within thn rnnbiJO hump rantul park rite;
A. 4hran hnndrnd (300) cglarc facet for eanh lot
for Lha firni.. o1,0 hundrrd (1(10) Iot0.
O. Two hundred (200) ugnarc feet. for enoh lot
in-Xcoar• of unn hundred (100) loth.
C. (fir. half (k) of the water aorfalm within the
Park may he crodited toward the requircd recreation arum,
except: that at leant fifty (50) )wmrent of the. roquirnd
rocroatioo nroa shall bo land area.
D. itarluirod nuffaru. Vipnnl ncrcenr: nrn required in
140
r 7
OrL:IMER;�M whe4
1
h.
1)'1 ri.' , I ;1 11 I_. t -.C' I I I I.; J...' I Wco and C""i I. -
MY W luirwr S(,Uon in of Uil.0
Vrdi n"nev,
1:' park"; frcsntjnrj 4,jn .1
.;hall ;1110 I.w.hit"11:1 a ulvil.g.' ark!" 1)(It. thiln
I no n L y 120 q 5 q 0 1 X al n, I I;.-; i Of, . I rid I -:1)- it 3. lU 3. 1u Lho
1) i I-; I Iv,;I I r, I j. 1:; � ' 1; 1), ( - i I I I d )-;! 1.1J. (1 1.)11 j " 1) ve-, a 11 (1 nx j. 1:
) rom I I I c )) i I!) IW;j by ;ler j v i "q c1114 I'lep. Ir 1. i J) 9 Vol; i : . Thorn
10 -JI )'0 it), Zidditiunal W"Venjuid nivin t.E five: i) fach
i"AtIn tho vnUrn :Wngth of ill (Omar tcvn.
C. MWIV linmo rentill pni.-I..'i lliqbway.s
or InnOm ZOW 001nu Lhnn for sucAl panTs shall Im offec.-
UVON 1:'"WOW11 KOM madi bighunyn or WO by a hnffaj-
30`�-"t Aviv (51 fent: vddn in Wah nr11721m=1
co"'I!yapod of ntructural or livtcr.i-al shall
11C IOUCOA- Euch ncy"Un :.;11011 bf-7 atiL.ractivi.4y 1D%11.171 c1;1.:1C;tl
at all tjm,!:.
!jnj PAQ Hynot h11.
Wrot. All. internal t),(,
n'011:134t 011017. pro%r.*..dCx S,*If,.jj)id o C n
vonioni.
tO
'A_yoot. TI)c ric
,il'it-oi-way widths, prvin1'j
onl rthor cO7,WIP00011 stAndardW including
gr"41001; aW Q 1qvwonL of 103 inl.cvniil j'n<j Cj,.*a.jjLJhqf.
1W '-CN60t,,'0d And Qppravntl by the County Rnginver,
. C:L Y!!'Lj'
jl�r dwolling unit lie
tho of thu mobile
h. All cunmorcial uses S,nd otinir•
to thr' 11.,hall comply with thu PrOvINCITIS Of Suction 18
of fllir� Ortlin'Itive.
11. !.*c!�rP._.Ljljq�!_ - All MnnP crccbod after the offective
date of Wu ordinunIan shall comply wjth njj,r,,,j,,,,htF;
of this InAinv"Ce. No MInT, that L"Vjr.t; v, the cifc.fa\re
L 1,1-1j!i (-)rdjnanCU shall Un alterc,cl , I
. 0 nn to prnvjdr�
1—tux 4PIpro-0 of cnnformity wit), tho provinions, of j:)jj s
"c"r)" t";!" f-!xjntv4.0n " cfJ..eCtJvC (IM0 of this or-
dinance. Land alranay zoned "HUP which does not Moot the.
ac1'c!,'irjv rufliOrcrynt may ho devolo,ad; jj()jqcvur' the dQQ
1-311,11.1 Confonn with all uthor rngulntionn of thio
Drdinant*.
143
Z PAX
RECORDER'S MEHOt U&S11PI);
at "Ung.. Typh is oot'. Priati, "
U06addactery Im this doccutonvW"At
r1
L.J
Ordinance 74-42
Section 34
MHRP — Mobile Home Rental Park
•
C.
"Boort a P4,G yo1 A
5 C.•' S 1"-lt N
Ret,[ lna :14. ram: .-_cwtl.l• e7. me -i -AI a Cr1P:Nr4va _I„
X. Bi::: i iot ?hr CRC - Ccnonni nni:+al.
i.: ni-MlIP1l iin
.n jwnvitic nr nrentv.r
iy ((l. u•.`:.:: •:11'11.,.1 vi ry n:..ud ❑air:: th;." in no(:-
ni.LL:•) .in tl:c fY' C(mvno.'.nncr Ornm.)'r.i:a. binle'ici.
YL(. CIC. (l,not:a. C..I:ni.] Cananrrci.al 111::i.rict, in
a 1.::o iuPnu:lod in srrvr• n )ergeT I.rnrle a):rn of the
coa:myuity Lha•: UII CC lJ.iniriCt and is clocd!nit•d to
nrrvnue`.a 1.11 0., vnblic an well an 1.11" .lornl
N xkf•L:•iall Connuc:11ru.
Tbo CLC - Clmcrnl J:nt.`fl. Cat,=rcinl air;-virl. w111
be It: ilia•;. : L4v of. the Cnllprclrnn::i.vI,
1'1011 In' l.imi.; ;:,ll il.n ::n:n+11L• Lnl(1 lecatiol in unomotinnrr•
with Ino p:.1.. r:i...; m.:0 O)�;jc¢C.irvr, If. the Ccral»'rhum:i v.r
)`inn.
152
(
tECRnERB LIP.MO'iep6:iiry
nwu.r,n nTm �; conn„:
Mita .(•mN,y�.• 64 acne..: '
r. Onil :01081.•0 wren. iM bni1 Ij,n or
ni]'UO i.11YCr
er i
{:I'u:a oel.r Plti'AJ IX: CY.MtCd, nitCr,-6 lir
] nc-,!r b.v 1::11•^
eY
,.I f.(a' r):ifrlr it, Woole Or im ,:,,t, inr
OL•Iwn ihall
tl:(-i0A1 pY:S nn:
A.
1.1 1-llttntl 013ncilo-nl Ilnoa and :Il:rnrtul•••Ii.
('L)
Appl.innce Storm.
(()
A)m nopoly Shop:.
(:1)
A11t101COI1iln Pari... Stnrnn.
(6)
Antn.unl.ilo Service SLAtinna without
mP:v rn,
(7)
/a:•nin9 Silopa.
(u)
nM:eo:y .Bheps.
(9)
Bans and rinnneial ]nst.1tutim)n,
(10)
Barbar and nnnnty Shane.
(11)
HaLl. nupply Stores.
p2)
Ilicyr_lc Solos and ficrvi ccs.
(13)
DImprint. shore.
(30.)
Aenl(bi..dars.
(15)
ilrwt Stares.
(16)
Buri.nenn Ilachlno Service.
(1.7)
Carpel: ,^solea - Not including ctorngc
Or inuhnilation.
OP)
Chcrchns and otber pines of worship.
(19)
Clothiuq Storor..
(20)
Cnet Lnil l.nnllgr•n.
(2J)
Cammllarcial Nectontion lino:. - lndoon.
(22)
Cmlemrnin). Schnols.
(23)
Coaflrut:ionory 6 Cnndy stores.
(25)
Bel.icutoonans.
152
(
tECRnERB LIP.MO'iep6:iiry
nwu.r,n nTm �; conn„:
Mita .(•mN,y�.• 64 acne..: '
1) (1 Sor ir., I C'l ljbf�: -- S vll)j C. -C t
0 5)
(30)
Culic,r'll
(A 7)
Gj F I -
(.'.f:)
C1; ": f; ;I r 0 "Al.i rror ;al:... No 1% i nol nq
F; L:
Dranratinci .13,bowrro:or tin(] Offi.c.'e.
("I
a LO j'i(! S - Pilin, rah in(]
Tn u ng.
(50)
Launclric.,;,
i:loak-o '1'jl(?;Itr(1:1.
(5.4)
I.i.rIllor
(5 5
q
rona.
(S'i)
ji�tat.
PM
Hud j co I Cl j 1-1 i c it
( 5 () )
Milloncl"y
(60)
14o t W. r, .
(fil.)
Mot:inn Ncturc ThenLron,
(62)
Woums.
(63)
Mll!,,ic: storr:s.
CO U
New M. Outside: dispIny
permitted.
( 6 11 )
V(!ws St.orcs,
(GG)
Office Supply ;:torr::.
((,7)
Paint onel Wal.lpvjp�r. Stares.
(68)
Pct fl.bopn.
(69)
Pet SlIpply sll(-jl)s.
(70)
Stores.
�8001� :L QA6G 1401A
15:1
—caw y
U M16.,, LM0, 1
ti"Awre.,-�"V er
(1%)
1,J ilij;: Lld'd i'd,illq nll;f fiS.TCb/IY:,ldl
17:1
rrlr,::r VIM,
(74)
ofiemt.
(7tq
Ic:?gin a„A •r, •1 r•yi^inn ^ale:: untl l:r.•rvi.co.
(7b)
I,.. ::d, tn.r1 bnninn hobs.
(Y'1)
Ii Ih.. on an,l all lar S.py,:'.
(71:)
Iry v.l.:np do Lu, WA inrel.aninq dxi VC-i.na.
(TIN
114114.11C. :u
I,Lla.
(nh)
R11C)I0,gl Crn ba'a - Lunn than 25,000
n[Jplrn font. rp•r'tll
17,'Mlr lna4r pn 111,11nd flour.
(OM1)
(Oa)
Tailor, Tailororl:^La.
(110)
1'::::i 0t:.i e,
(117)•)
TIl.:I
ile Il.:It, - Cn..,:,:,in 'I•ih.
fala
Yr)hapuu
(a0)
Varietal hi ah 711 r):en. '
(9))
Variety
(02)
VOhi Ola livnLal - 7$Itomb:lMn may.
(Jn)
Vui.r.rinal:i.lm OIfiC[:n and (:7. C1: - NO
p,rd.,:ido Ca., c7. rq.
„(.^.A)
,11.I
1:•nttB and Pruainipn Inatrllm['llt Nppair
Si,upp.
b. P«nniLG:d Acc,nmry iln..ra nrl .L'Y.",Lnrc::.
huupra a,r}• acct.-:,n,i
nti'up nt: e:i ouslowO[y ut:c�ri)nLc�l
"i,the um•t )ICrm.itUu,1 in thin lintrict.
C. P,:rmittcd Pupviniunnl. I1rpP and nlrp,:turrn,
'1'lIN tp11C\:'A C:I M;' !i In'ly ]X!lrfli
n' tT.L•d Eni)ftCt tC 11 )'OV),t1,lCi1i
of ,,^,rp LYun 7M1 p' thin Oxdi nnnx: '
[xp,arc, ft,[.t Orp::.:
fl,,,, On gruuhd floor.
(2)C[z.nnnrcfal
na(`real:f,ill - Outdoor.
(3)
),j,VC-111 TI)oatrtu,
3. Hici mum Tnt Arn.�, None.
A. kinianum bot Width. /ions.
5. MUJIMUM Ynrd RC)(ni_ro. ntr..,
b. D'vptI
OE FYOnt YuF[1-' utbaCk - IH it,acn (IS)
L'ont in which nn pnrkinq rball bO nllpwpd nor any
morrbandlu, slurti
or ainpl:,yed.
n. Rooth
Or Lido, Yard r.,tbntk •• Nono or n
Ininim:al of fire (5)
feOt with pnobulxn Otell pawn, gO from
front. to I -Oar yard,
C. DOpfh
feu L.
of Near Yard SCtbaek - Twenty-fiVO (25)
No rear y,ird regnirod for mnrinan,
15:1
—caw y
U M16.,, LM0, 1
ti"Awre.,-�"V er
. wF ru'rill I rev.. an 1-r' . Ar. req -,11 xed
3.11 I .l'.)- UJ' --i f" i. !"; -6-j(4) :,I ii ". I 'r;*i�7.-.^--'
on As reqviref] in Soctjon 20
(A 11 1 I)j ::r.a ;I v , Un lcrw
Vi!;
RECORDERS UXMOi I-OU"'Ity
of writing. Typlas' 14
In
1 .1
Cc I !Trim bit i .1 -!.; j 1 (.1 L) it- trrejunel
rj
I fit- 'I of.
Cliff t
. wF ru'rill I rev.. an 1-r' . Ar. req -,11 xed
3.11 I .l'.)- UJ' --i f" i. !"; -6-j(4) :,I ii ". I 'r;*i�7.-.^--'
on As reqviref] in Soctjon 20
(A 11 1 I)j ::r.a ;I v , Un lcrw
Vi!;
RECORDERS UXMOi I-OU"'Ity
of writing. Typlas' 14
In
AGENDA ITEM 3-13
Coifier County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING: JULY 13TH, 2017
SUBJECT: ZLTR (CUD)-PL20170001085, ARTESA POINTE PUD
APPLICANTIAGENT:
Applicant: Emilia Pearson, Rook at Naples I, LLC
4828 Ashford Dunwoody Road #400
Atlanta, GA 30338
Agent: Kristina Johnson
J.R. Evans Engineering
9351 Corkscrew Road Ste 142
Estero, FL 33928
REOUESTED ACTION:
The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a zoning
verification letter issued by the Planning and Zoning Division pursuant to LDC Section
10.02.06, in which County staff deten-nined that the proposed uses of beauty shop (SIC 723 1)
and barber shop (SIC 7241) are comparable in nature to those commercial uses permitted in
Section 4.4 A of the Artesa Pointe FUD, Ordinance No. 03-46, as amended.
GEOGRAPHIC LOCATION:
The subject property is located on the east side of Collier Boulevard, approximately one half
mile south of Tamiami Trail East, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida, consisting of 82f acres.
ZLTR(CUD)-PL20170001085 Page 1 of 5
Artesa Pointe
SURROUNDING LAND USE & ZONING:
Subject: Artesa Pointe Planned Unit Development (PUD)
North:
Tamiami Crossing Commercial Planned Unit Development (CPDD)
East:
Residences zoned Artesa Pointe PUD
South:
Mobile homes zoned Mobile Home
West:
Residences zoned Eagle Creek PUD
•. ��� ^Ar
S hp(
owe Cwnty V,ovm %— —
Aerial Photo (Collier County Property Appraiser)
PURPOSE/DESCRIPTION OF PROJECT:
The Applicant seeks a determination that the use of a beauty shop, SIC 7231, and barber
shop, SIC 7241, are comparable in nature to those commercial uses permitted in Section 4.4.
A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended.
The applicant requested a Zoning Verification Letter (ZLTR) from the Planning Manager on
March 13, 2017. The Planning Manager issued a ZLTR stating that a beauty shop, SIC 7241,
and a barber shop, SIC 7241, is comparable and compatible with the listed uses in the Artesa
Pointe PUD. This hearing is to seek affirmation of that opinion by the HEX.
ZLTR(CUD)-PL201700010$5 Page 2 of 5
Artesa Pointe
ANALYSIS:
LDC Section 10.02.06 J. Lb, Comparable Use Determinations, states: "The County Manager
or Designee may issue a zoning verification letter to determine whether a use within a PUD
is consistent and compatible with the surrounding uses within the PUD. To be effective, the
zoning verification letter shall be approved by the BCC by resolution, at an advertised public
hearing." The BCC delegated this duty to the Hearing Examiner through Ordinance 2013-25.
The comparable analyzation of beauty shop and barber shop to the uses in this PUD are
threefold: 1. similar zoning, 2. external impacts and 3. business character.
A beauty shop, SIC 7231, and barber shop, SIC 7241, are permitted uses in the Commercial
Professional and General Office District (C-1), the Commercial Convenience District (C-2),
the Commercial Intermediate District (C-3), the General Commercial District (C-4), and the
Heavy Commercial District (C-5), C-1 through C-5, of the Land Development Code (LDC).
The permitted uses in Section 4.4.A of the Artesa Pointe PUD includes a limited number of
commercial (non -regional) uses listed within the range of C-1 through C-5 districts of the
LDC. It should be noted that, Section II.A of this PUD states it "will be developed as a
mixed-use community which may feature a full array of commercial uses, residential
dwelling types, and a recreation center providing for activities such as community gatherings,
recreational amenities, and personal services, central to community residents." Personal
services are Major Group 72 which include beauty shops, SIC 7231, and barber shops, SIC
7241.
The external impact of the proposed beauty and barber shops will be less intensive than other
permitted uses in this PUD's non -regional section. The applicant submitted a trip generation
comparison comparing permitted uses in Section 4.4.A of this PUD to beauty and barber
shops. More specifically, comparing drive-in banks, high -turnover restaurants, fast food
restaurants with drive thru windows and coffee donut ships with drive-thru windows to that
of a hair salon calculation. The study shows that hair salon produces AM and PM peak hour
trips which are much lower than any of the compared uses. Moreover, beauty and barber
shops are not characterized as a generator of either significant noise or odor as compared to
other permitted uses outline in Section 4.4.A.
The business character of the facility will be similar in nature to permitted uses in Section
4.4.A of this PUD. The applicant states that both requested uses are, "similar in nature to
many of the other permitted Non -Regional Commercial Uses in the Artesa Pointe PUD such
as `Apparel and Accessory Stores', `Business Services' and `Drug Stores', which offer
personal services and products to the general public during conventional business hours of
operation of 9am-6pm." In addition, surrounding land uses are comparable and compatible
as well. The Tamiami Crossing Commercial Planned Unit Development (CPUD), directly
to the north, permits personal services such as beauty and barber shops. Properties, located
in the general area, to the north and south of this PUD are zoned C-3 and C-4; beauty and
barber shops are both permitted uses in C-3 and C-4.
ZLTR(CUD)-PL20170001085 Page 3 of 5
Artesa Pointe
The Artesa Pointe PUD is located within the Henderson Creek Mixed Use Subdistrict on the
Collier County Future Land Use (FLUE) map. While the PUD itself does not explicitly
identify the BZA or the Planning Director as having authority to determine a use comparable
and compatible to permitted uses in the PUD, it was determined by the zoning manager that
language outlined in the Henderson Creek Mixed Use Subdistrict stating, "the maximum
intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning
District" and the language in the C-4 zoning district under LDC Section 2.03.03.D.1.a.141
stating, " any other commercial use or professional services which is comparable in nature
with the foregoing uses.." permits the use of the Comparable Use Application in this instance.
Based upon above analysis, the use of a beauty shop, SIC 7231, and barber shop, SIC 7241
are comparable/compatible with the permitted uses within Section 4.4 A of the Artesa Pointe
PUD.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report 6/19/17.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner affirm the opinions of the
Zoning Manager that:
The use of a beauty shop, SIC 7231, and barber shop, SIC 7241, are comparable and
compatible to other permitted uses in the Commercial District under Section 4.4.A of
the Artesa Pointe PUD, Ordinance No. 03-46 as amended.
Attachments:
A. Zoning Verification Letter
B. Application
ZLTR(CUD)-PL20170001085 Page 4 of 5
Artesa Pointe
PREPARED BY:
4
RACHEL BEASLEY, PLANNER
ZONING DIVISION -ZONING SERVICES SECTION
REVIEWED BY:
RAYN6ND V. BELLOWS, ZONING MANAGER
ZONING DIVISION -ZONING SERVICES SECTION
MICHAEL BOSI, AICP, DIRECTOR
ZONING DIVISION
ZLTR(CUD)-PL20170001085
Artesa Pointe
b- 15- 1 -'�
DATE
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DATE
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DATE
Page 5 of 5
Copier
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Growth Management Department — Planning & Regulation
Zoning Services Division
May 2, 2017
Kristina Johnson
J.R. Evans Engineering
9351 Corkscrew Road Suite 102
Estero, FL 33928
Re: Zoning Verification Letter ZLTR (CUD)-PL20170001.085; Zoning Verification Letter — Comparable Use
Determination for the Artesa Pointe PUD, 6654 Collier Blvd, Naples, FL located within in Section 3, Township
51 South, Range 26 East, of unincorporated Collier County, Florida. Property IDIFolio: 81075000082.
Dear Ms. Johnson:
This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the
applicant on the behalf of Rook at Naples I, LLC. The applicant requests a determination from the Zoning
Manager and affirmation from the Office of the Hearing Examiner that the use of a beauty shop, Standard
Industrial Code (SIC) 7231, and a barber shop, SIC 724I, are comparable and compatible with the permitted uses
in Section 4A.A. Principal Uses (non -regional) of the Artesa Pointe Planned Unit Development, Ordinance 03-
46, as amended.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land
Development Code (LDC), Ordinance 04-41, as amended. The current Official Zoning Atlas, an element of the
LDC, reveals the subject property has a zoning designation of the Artesa Pointe Planned Unit Development,
Ordinance 03-46, as amended. The PUD is located within the Henderson Creek Mixed Use Subdistrict on the
Collier County Future Land Use (FLUE) map. While the PUD itself does not explicitly identify the BZA or the
Planning Director as having authority to determine a use comparable and compatible to permitted uses in the
PUD, it was determined that language outlined in the Henderson Creek Mixed Use Subdistrict stating, "the
maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District"
permitted the use of the Comparable Use Application in this instance. More specifically, Section 2.03.03.D.141
of the LDC states, "any other commercial or professional use which is comparable in nature with the foregoing
uses..."
This PUD designates commercial uses into regional and non -regional; the requested use for comparable and
compatible determination falls within the non -regional designation. The comparability review parameters of this
application are threefold: 1. similar zoning, 2. external impacts and 3. business character.
Beauty shop, SIC 7231, and barber shop, SIC 7241, are permitted uses in the Commercial Professional and
General Office District (C-1), the Commercial Convenience District (C-2), the Commercial Intermediate District
(C-3), the General Commercial District (C-4), and the Hearty Commercial District (C-5) of the LDC. Uses in
Section 4A.A. of the Artesa Pointe PUD permit commercial (non -regional) uses permitted within the range of C-
1 through C-5 of the LDC. The applicant states that the, "request is not for a Beauty School or Barber School."
Beauty and barber shop fall into a similar permitted LDC zoning range of the permitted uses outlined in Section
4.4.A of this PUD.
The external impact of the proposed beauty and barber shops will be less intensive than some of the other
permitted uses in the non -regional section of this PUD. First is traffic intensity, the Applicant submitted a trip
Attachment A
generation comparison comparing permitted uses in Section 4.4.A of this PUD to beauty and barber shops. More
specifically, the applicant compared drive-in banks, high -turnover restaurants, fast food restaurants with drive
thru windows and coffee donut shops with drive-thru windows to that of a hair salon trip calculation. The study
shows that hair salon produces AM and PM Peak hour trips which are much lower than any of the above-
mentioned uses. Secondly, the applicant states that the requested use is not characterized as a generator of either
significant noise or odor as compared to other permitted uses such as eating places.
The business character of the facility will be similar in nature to permitted uses in Section 4.4.A of this PUD. Per
the applicant, both requested uses are, "similar in nature to many of the other permitted Non -Regional Commercial
Uses in the Artesa Pointe PUD such as `Apparel and Accessory Stores', `Business Services' and `Drug Stores',
which offer personal services and products to the general public during conventional business hours of operation
of 9am-6pm." Furthermore, surrounding land uses are comparable and compatible to the requested uses. The
Tamiami Crossing Commercial Planned Unit Development (CPUD), directly to the north, permits personal
services such as beauty shop, SIC 7231, and barber shop, SIC 7241. Additionally, there are properties zoned C-3
and C-4 to the north and south of the requested property; beauty and barber shop are both permitted uses in C-3
and C-4.
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that a beauty shop, SIC 7231, and a barber shop, SIC 7241, are comparable
and compatible to the permitted uses in Section 4A.A. of this PUD; it has been found comparable and compatible
in regard to similar zoning, external impacts, and business character. Therefore, in accordance with the Henderson
Creek Mixed Use Subdistrict, "the maximum intensity of commercial uses are those allowed in the C-4, General
Commercial, Zoning District" and thus Section 2.03.03.D.141 of the LDC, the use of beauty shop, SIC 7231, and
barber shop, SIC 7241, are deemed comparable and compatible to the permitted uses in Section 4A.A. of this
PUD.
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of
the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the
county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All
other applicable state or federal permits must be obtained before commencement of the development.
Please be advised that the information presented in this verification letter is based on the Collier County LDC
and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either
of these documents could affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as, but not limited to,
concurrency related to the provision of adequate public facilities, environmental impact, and other requirements
of the Collier County LDC or related ordinances.
Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-
8202 or e-mail: rachelbeasley@colliergov.net.
Researched and prepared by:
Rachel Beasley, Plan r
Zoning Services Section
C: Annis Moxam, Addressing Section
Laurie Beard, PUD Monitoring
Reviewed by:
Raym Bellows, Zoning Manager
Zoning Services Section
i)
J.R. EVANS ENGINEERING
March 23, 2017
Mr. Ray Bellows
Collier County Development Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: Artesa Pointe PUD (Ordinance 03-46)
Comparable Use Application for Beauty Shop (SIC 7231) and Barber Shop (SIC 7241)
Dear Mr. Ray Bellows,
The Artesa Pointe PUD is located on the east side of Collier Boulevard approximately Y2 mile south
of Tamiami Trail East in Collier County, FL. The existing PUD is partially developed with an existing
Walmart Superstore, a Murphy USA gasoline station, and a commercial building located on an
outparcel. There are two (2) undeveloped outparcels remaining.
This application is for a Comparable Use Determination for a Beauty Shop (SIC 7231) and Barber
Shop (SIC 7241) within the Artesa Pointe PUD. Specifically these uses are being requested to allow
a 1,200 SF nail salon and a 1,230 SF barber shop in the existing commercial building located on an
outparcel in the PUD with frontage on Collier Boulevard. Enclosed please find the following items
for the above referenced project application:
1. Cover Letter -submitted electronically
2. Check made payable to the Collier County Board of County Commissioners totaling
$1,925.00
3. Comparable Use Determination Application - submitted electronically
4. Affidavit of Authorization - submitted electronically
S. Comparable Use Determination Narrative - submitted electronically
6. PUD Boundary and Aerial Exhibit - submitted electronically
7. Transportation Trip Generation Comparison - submitted electronically
8. Artesa Pointe PUD (03-46) Ordinance - submitted electronically
Should you have any questions, or require any additional information, please contact our office.
Sincerely,
Attachment B
Kristina M. Johnson, P.E.
Director of Land Development
J.R. EVANS ENGINEERING
9351 CORKSCREW ROAD, STE. 102 / ESTERO, FL 33928 / 239.405.9148 (p) / 239.288.2537 (f)
WWW.JREVANSENGINEERING.COM
i) 0
J.R. EVANS ENGINEERING
ARTESA POINTE PUD
ZONING VERIFICATION LETTER - COMPARABLE USE DETERMINATION
On behalf of Rook of Naples I, LLC, I am requesting a determination from the Planning Manager and
approval from the Office of the Hearing Examiner, that the use of "Beauty Shop" (SIC Code 7231) and
"Barber Shop" (SIC 7241) are comparable and compatible with the permitted Non -Regional
Commercial Uses in the Artesa Pointe PUD.
The Artesa Pointe PUD is located on the east side of Collier Boulevard approximately 1/2 mile south of
Tamiami Trail East in Collier County, FL. The Artesa Pointe PUD is located within the Henderson
Creek Mixed Use Subdistrict on the Collier County Future Land Use Map. The subject property was
re -zoned as the Artesa Pointe PUD in 2003 with residential and commercial uses. The permitted Non -
Regional Commercial Land Uses in the Artesa Pointe PUD include uses that are allowed by right in
both the C-1 and C-2 zoning districts. Although Beauty Shop (SIC 7231) and Barber Shop (SIC 7241)
are not listed in the Artesa Pointe PUD these uses are allowed in the C-1 zoning district in the Collier
County Land Development Code. This request is not for a Beauty School or Barber School.
Beauty Shop and Barber Shop are similar in nature to many of the other permitted Non -Regional
Commercial Uses in the Artesa Pointe PUD such as "Apparel and Accessory Stores", "Business Services",
and "Drug Stores" (SIC 5912) which offer personal services and products to the general public during
conventional business hours of operation of 9am-6pm. In addition to these similarities the Beauty
Shop and Barber Shop external impacts are equally similar with the other permitted Non -Regional
Commercial Uses in the Artesa Pointe PUD. Specifically the Beauty Shop and Barber Shop:
1. Have minimal vehicle trips, insignificant compared to "Eating Places" and 'Banks".
2. There are no kitchens or outdoor dumpsters that would create off site impacts due to odor.
3. The use is not characterized as a generator of noise of any significance.
Additionally, the Beauty Shop and Barber Shop uses are compatible with other uses in the PUD as
evidenced with the existing Walmart Superstore. The existing Walmart Superstore currently offers a
hair salon internal to the store. (Allowed as an accessory use to the general merchandise principal
use). Further Beauty Shop and Barber Shop uses are compatible with the surrounding properties as
evidenced with the existing C-3 and C-4 zoned properties to the north and south of the subject PUD,
with frontage on Collier Boulevard, which allow Beauty and Barber shops along with other more
intense commercial uses.
J.R. EVANS ENGINEERING
9351 CORKSCREW ROAD, STE. 102 / ESTERO, FL 33928 / 239.405.9148 (p) / 239.288.2537 (f) •
WWWAREVANSENGINEERING.COM
•
The Land Development Code defines compatibility as follows:
"...pertains to issues of compatibility with surrounding uses, complimentary patterns of
development and mitigation of negative impacts. The Compatibility Review will be limited to
compatibility issues, external sidewalks and pathway connections, lighting, dumpster location
and screening, and orientation of buildings and ancillary facilities..."
As stated above, many of the typical external impacts that are created with commercial development
are not an issue with Beauty Shop and Barber Shop uses. Dumpsters will not contain kitchen waste
as an eating place would; pedestrian connectivity will be maintained similar to any other commercial
use; lighting is similar to other business/retail establishments, and the architectural and site design
are similar to other business/retail establishments and meet the Collier County Land Development
code requirements.
J.R. EVANS ENGINEERING
0 9351 CORKSCREW ROAD, STE. 102 / ESTERO, FL 33928 / 239.405.9148 (p) / 239.288.2537 (f)
WWWAREVANSENGINEERING.COM
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AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) PL20170001085
1 Blair G. Schlossberg (print name), as Manager (title, if
applicable) of Rook at Naples f, LLC (company, If applicable), swear or affirm
under oath, that I am the (choose one) owner applicant=contract purchaser=and that:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
3_ 1 have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application; and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. Well authorize J.R. Evans Engineering, P.A. to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
0
'Notes:
• If the applicant is a corporation, then it is usually executed by the carp. Pres. or v. pres.
• If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company's "Managing Member. "
• If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
• If the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner" of the named partnership.
• If the applicant is a trust, then they must include the trustee's name and the words "as trustee".
• In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then •
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts stated in it are true.
Sig
STATE OF Ft@Rtt' A Ge "%' a-
COUNTY OF 69EtWR (� �b
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The foregoin instrument was sworn to (or affirmed) and subscribed before me on _ l S—) �1 (date) by
P.1 � kkoss (name of person providing oath or affirmation), as
who is personally known tenor who has produced
(type of identifi ation) as identification.
dal
sT9N� [,RANT igna f Notary Public
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REV 3/24/14
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliery,ov.net
CAr County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX, (239) 252-6358
Zvr�in VerifiGatin Letter Cpm arable Use Detexmirtatian �r.'.:f`
g A _0;5
LOC sections 2. 03.00 A, 10.0 .05 J & Code of Caws section -$3 2-90 ' y
Chapterf=3b:le Adrii,gtrtive Code
PROJECT NUMBER
PROJECT NAME To be completed by staff
DATE PROCESSED
PUD Zoning District
Straight zoning District
�P.lr. ,,:h1T: NTA' IviATI
l _
Name of Applicant(s): Moshe Manoah, Rook at Naples I, LLC
Address: 4828 Ashford Dunwoody Road # 400 City. Atlanta State: GA
Telephone:
770.391.1233 Cell:
E -Mail Address: epearson@crownhgroup.com
Name of Agent:
Kristina Johnson
Firm: J.R. Evans Engineering
Address: 9351 Corkscrew Road Ste 102 City: Estero
Telephone: 239-445-9148
Cell:
E -Mail Address: KJohnson@jreeeng.com
Fax:
21P: 30338
State: EL ZIP: 33928
Fax: 239-288-2537
PROPERTY INFORMATION7777771
Site Address: 6654 Collier Blvd, Naples 34114 Folio Number: $1076000082
Property Owners Name: Rook at Naples I, LLC
lf�li4T1f3N.Ab'' 5T.< .
.:.....
The determination request and justification for the use must be done by a certified land use
planner or a land use attorney. Provide the completed request on a separate attached sheet. Please
be very specific and include the SIC Code, if known. The request should adhere to the following
format.
"I request a determination from the Planning Manager and approval from the Office of the
Nearing Examiner, that the use of is comparable and compatible with the
permitted uses in the POD or in the Straight Zoning
District."
9/25/2014 Page J. of 2
Cor County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliereov.net (239) 252-2400 FAX: (239) 252-6358
SUBIVIITTAL.REQUIRhMENTS frH;EGKLIST
See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to
be submitted with the application packet. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW
REQUIRED
NOT
COPIES
REQUIRED
Completed Application (download current form from County
El
El
website)
O
Determination request and the justification for the use
x
PUD Ordinance and Development Commitment informationx
El
0
Electronic Copies of all documents
*Please advise: The Office of the Hearing Examiner requires all
o
0
0
materials to be submitted electronically in PDF format.
Auui T 11urvAc REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
FEE REQUIREMENTS:
X Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion
of review and research. Payment of Additional Fees will be required prior to the release of the
verification.
IN Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00
All checks payable to: Board of County Commissione
The completed application, all required submitt aterials, and the permit fee shall be submitted to:
Growth Managerp nt Division/Planning and Regulation
-,' ATTN. Business Center
2800 North Horseshoe Drive
Naples, FL 34104
Moshe`Manoah
Printed Name
-Sk V�-
Date
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on
the date the report was prepared. Code regulations could be subject to change. While every attempt has been mode to
ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department
disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility
for the cost of correcting any unreported conditions.
9/25/2014 Page 2 of 2 .
•
•
•
BeasleyRachel
From: Kristina Johnson <KJohnson@jreeng,com>
Sent: Thursday, April 20, 2817 1:53 PM
To: BeasleyRachel
Subject: FW: Comparable Use Application (CLIA)- Artesa Pointe PUD
Rachel- see below
Kristina M. Johnson, R.E.
Director of Land Development
J.R. Evans Engineering, P.A.
9351 Corkscrew Road, Suite 102
Estero, Florida 33928
o: 239.405.9148 c: 239.285.6999
www.irevansengineering.com
J.R. EVANS
ENGINEERING
COPYRIGHT AND DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sole use of the
intended recipient(s) and may contain information that is confidential or privileged. if this e-mail is not addressed to
you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The
electronic data contained herein may be subject to change without notice, The responsibility for the accuracy of current
conditions and/or digital transfers is solely that of the user.
From: BellowsRay (mailto:RayBellows@colliergov.net]
Sent: Friday, March 10, 2017 3:50 PM
To: BrethauerPaula<PauIaBret hauer@coIIiergov.net>; BeasleyRachel <RacheIBeasley@coIIiergov.net>; Kristina Johnson
KJohnson@j reeng. com>
Cc: PaulRenald <RenaldPaul@colliergov.netb; TriminoEvelyn <EvelynTrimino@colliergov.net>; SernaBritoAlma
<A! ma Se rna Bri to @co l l ie rgov. n eta
Subject: R om arable Use Application (CUD)- Artesa Pointe PUD
Yes, a waiver of the pre -app has been approved.
R_'�
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department — Planning & Regulation
Telephone: 239.252,2463; Fax: 239.252.6350
�o it Cntant
Ol From: BrethauerPaula
Sent: Friday, March 10, 2017 10:32 AM
To: BeasleyRachel; BellowsRay; Kristina Johnson
BeasleyRachel
From: Kristina Johnson <KJohnson@jreeng.com>
Sent: Friday, April 28, 2017 1:41 PM
To: BeasleyRachel
Subject: RE: Artesia pointe PUD
Rachel,
Our client has both a SuperCuts and a Nail Salon tenant interested in leasing a space.
I confirmed that the ITE handbook does not have a nail salon category and the closest trip data is for hair salon.
Please let me know if you have any other questions.
Thanks,
Kristina M. Johnson, P.E.
Director of Land Development
J.R. Evans Engineering, P.A.
9351 Corkscrew Road, Suite 102
Estero, Florida 33928
o: 239.405.9148 c: 239.285.6999
www.irevansengineering.com
•
•
J.R. EVANS
COPYRIGHT AND DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sole use of the
intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to
you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The
electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current
conditions and/or digital transfers is solely that of the user.
From: BeasleyRachel [mailto:RachelBeasley@colliergov.net]
Sent: Thursday, April 27, 2017 11:19 AM
To: Kristina Johnson <KJohnson@jreeng.com>
Subject: RE: Artesia pointe PUD
In the trip generation comparison the term "nail salon" is used—is that synonymous with beauty salon? Is this going to
be a Super Cuts? Thanks!
From: Kristina Johnson [mailto:KJohnson@ireeng.com]
Sent: Wednesday, April 26, 2017 8:10 AM
To: BeasleyRachel <RachelBeasley@colliergov.net>; StrainMark <Marl<Strain@colliergov.net>
Cc: Chris Mitchell <cmitchell@ireeng.com>
Subject: RE: Artesia pointe PUD
BeasleyRachel
From:
Sent:
To:
Subject:
Mark and Rachel,
Kristina Johnson <KJohnson@jreeng.com>
Thursday, April 20, 2017 3:12 PM
StralnMark; BeasleyRachel
Artesia pointe PUD
I'm following up to our conversation on the Artesia Pointe PUD.
The comparable use determination was found to be the appropriate permitting route to allow beauty shop and
barber shop uses for the Artesia Pointe PUD for the following reasons:
1. Section 2.03.00.A states that
a. "In any zoning district, where the list of permitted and conditional uses contains the phrase "any
other use which is comparable in nature with the foregoing uses and is consistent with the permitted
uses and purpose and intent statement of the district" or any similar phrase which provides for a use
which is not clearly defined or described in the list of permitted and conditional uses, which requires
the discretion of the County Manager or designee as to whether or not it is permitted in the district,
then the determination of whether or not that use is permitted in the district shall be made through
the process outlined in section 1.06.00, interpretations, of this LDC."
2. Although this "phrase" is not located within the Artesia Pointe PUD it is located in the Commercial Zoning
District under Section 2.03.03.A.1.a.41.
a. "Any other commercial use or professional services which is comparable in nature with the foregoing
uses including those that exclusively serve the administrative as opposed to the operational functions
0 of a business and are associated purely with activities Conducted in an office."
What I recall discussing in our meeting from March 2417 was that the "phrase" was added to each zoning district to
allow the Comparable Use Determination to be made for all zoning districts including PUDs.
Please let me know if you have any questions.
Thanks,
Kristina M. Johnson, P.E.
Director of Land Development
J.R. Evans Engineering, P.A.
9351 Corkscrew Road, Suite 102
Estero, Florida 33928
o: 239.405.9148 c: 239.285.6999
www_ revansen ineerin .com
J.R. EVANS
ENGINEERING
COPYRIGHT AND DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sale use of the
intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to
you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The
i)
J.R. EVANS ENGINEERING
ARTESA POINTE PUD
TRIP GENERATION COMPARISON
The comparison summary below along with the enclosed trip generation calculations illustrate that
the proposed land use (i.e., Beauty Shop and Barber Shop) will generate substantially less trips than
other approved land uses within the Artesa Pointe PUD. By adding the land use to the PUD in order
to operate a 1,200 SF nail salon and 1,120 SF barber shop (total of 2,320 SF) in the existing
commercial building will displace other approved land uses, which will result in less impact to the
adjacent road network.
Pro osed Development Trips vs. Permitted Develo ment Trips
Use Based on 2,320 SF
Daily
AM Peak Hour
PM Peak Hour
ADT
(vph)
(vph)
Drive-in Bank
182
15
30
High turnover restaurant
168
14
13
Permitted
Fast Food restaurant w/
drive thru window
587
54
39
Coffee/Donut shop w/ drive
thru
949
117
50
Proposed
Hair Salon
3
3
As shown above, the proposed Beauty Shop and Barber Shop will generate substantially less trips
than other approved land uses within the PUD. Adding these land uses to the PUD and allowing the
nail salon and barber shop to be constructed results in less impacts to the adjacent road network.
J.R. EVANS ENGINEERING
9351 CORKSCREW ROAD, STE. 102 / ESTERO, FL 33928 / 239.405.9148 (p) / 239.288.2537 (f)
WWW.JREVANSENGINEERING.COM
L ---j
•
TABLE I
TRIP GENERATION COMPUTATIONS
Land Use
47% Pass -by Rate
New Daily Traffic (ADT) _
Code
Land Use Description
Build Schedule
New AM Peak Hour f vph) _
912
Drive-in Bank
8/6
2,320 s.f.
57% Enter/ 43% Exit =
918
Hair Salon
2,320 s.f.
(PM) x (% of New Trips)
30 vph
932
high -Turnover Restaurant
2,320 s.f.
934
Fast food Restaurant w/ Drive Thru Window
2,320 s.f.
r7
of
937
Coffee/Donut Shop w/ Drive-thru
2,320 s.f.
u
Land Use
T= 1.21(x) =
Trip Generation Equation
3 /0
vph
Code
Trip Period
iBased upon S.f.
Total Triys
Tis Enter/Exit
T
LUC 912
Daily Traffic (ADT) =
T= 148.15(X) =
344 ADT
AM Peak Hour (vph) =
T= 12.08(x) =
28 vph
16 / 12 vph
LUC 932 Daily Traffic (ADT) =
T= 127.15(X) =
57% Enter/ 43% Exit
AM Peak Hour (vph) =
T= 10.81(X) =
PM Peak Hour (vph) =
T= 24.3(x) =
vph
56 vph
28 /28 vph
50% Enter/ 50% Exit =
Pass -by Trips per ITE= 47%
47% Pass -by Rate
New Daily Traffic (ADT) _
(ADT) x (% of New Trips)
182 ADT
New AM Peak Hour f vph) _
(AM) x (% of New Trips)
15 vph
8/6
vph
57% Enter/ 43% Exit =
New PM Peak Hour (vph) _
(PM) x (% of New Trips)
30 vph
15 / 15
vph
50% Enter/ 50% Exit =
LUC 918 Daily Traffic (ADT) =
N/A
N/A ADT
AM Peak Hour (vph) =
T= 1.21(x) =
3 vph
3 /0
vph
100% Enter/ 0% Exit =
PM Peak Hour (vph) =
T= 1.45(x) =
3 vph
1 / 2
vph
17% Enter/ 83% Exit
LUC 932 Daily Traffic (ADT) =
T= 127.15(X) =
295 ADT
AM Peak Hour (vph) =
T= 10.81(X) =
25 vph
14 /11
vph
551X Enter/ 45% Exit =
PM Peak Hour (vph) =
T= 9,85(x) =
23 vph
14/9
vph
60% Enter/ 40% Exit =
Pass -by Trips per ITE= 43%
43% Pass -by Rate
New Daily Traffic (ADT) _
(ADT) x (% of New Trips)
168 ADT
New AM Peak Hour (vph) _
(AM) x (% of New Trips)
14 vph
8 /6
vph
55% Enter/ 45% Exit =
New PM Peak Hour (vph) _
(PM) x (% of New Trips)
13 vph
8 /5
vph
60% Enter/ 40% Exit =
Page 1 of 2
TABLE 1
TRIP GENERATION COMPUTATIONS
•
LUC 934 Daily Traffic (ADT) =
T= 496.12(X) =
1,151 ADT
AM Peak Hour (vph) =
T= 45.42(X) =
105 vph
54 /52
vph
51% Enter/ 49% Exit =
PM Peak Hour (vph) =
T= 32.65(X) =
76 vph
39 /36
vph
52% Enter/ 48% Exit =
Pass -by Trips per ITE= 49%
49% Pass -by Rate
New Daily Traffic (ADT) _
(ADT) x (% of New Trips)
587 ADT
New AM Peak Hour (vph) _
(AM) x (% of New Trips)
54 vph
27 /26
vph
51% Enter/ 49% Exit =
New PM Peak Hour (vph) _
(PM) x (% of New Trips)
39 vph
20 / 19
vph
52% Enter/ 48% Exit =
LUC 937 Daily Traffic (ADT) =
T= 818.58(X) =
1,898 ADT
AM Peak Hour (vph) =
T= 100.58(X) =
233 vph
119 /114
vph
51% Enter/ 49% Exit =
•
PM Peak Hour (vph) =
T= 42.8(X) =
99 vph
50 /50
vph
50% Enter/ 50% Exit =
Pass -by Trips per ITE= 50%
New Daily Traffic (ADT) _
New AM Peak Hour (vph) _
New PM Peak Hour (vph) _
(ADT) x (% of New Trips)
(AM) x (% of New Trips)
51% Enter/ 49% Exit =
(PM) x (% of New Trips)
50% Enter/ 50% Exit =
Page 2 of 2
50% Pass -by Rate
N/A ADT
117 vph 60 /57 vph
50 vph 25 /25 vph
�1
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161 ON
THIS IS TO CERTIFY THAT THIS IS A PACE OF THE OFFICIAL ZONING ATLAS
REFERRED TO AND ADDPTEOBY REFERENCE BY ORDINANCE NO. 04-41 OF
e 2' THE COUNTY OF COWER, FLORIDA. ADOPTED JUNE 22, 2004.
SUBDIVISION INDEX11, _
ANE P.B. PR.
HENDERSCN CREEK P111
2 NTRENCERAILRSON CREEK PARK DRST ADDITION 4t
OY CHAIRMAN COLLIER COUNTY, FLORIDA
7-77
1 TEAT RTESA "I'M IUD l 11 16 1 � n
s NAPIcs uDT RESORT .g Ss a, COMMUNITY DEVELOPMENT DIVISION
77
.., .,.n» TWP 51S RNG 26E SEC(S) 3 SO 1/2
10�MAscALE
P NUMBER:
ATTEST CLERK
0��400 16
035
06345
0
•
lzoz6t
ORDINANCE NO. 03 - 4 6
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICIi
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS..
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,I
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP. v �'
NUMBERED 1603S AND BY CHANGING THE ZONING 1
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "RSF-3" AND "PUD" TO "PUD" PLANNED.
UNIT DEVELOPMENT KNOWN AS AgTESA POINTE PULL FOR.
PROPERTY LOCATED ON THE EAST SIDE OF COLLIER i-
BOULEVARD (CR -951) AND THE SOUTH SIDE OF U.S. 41
(TAMIAMI TRAIL) EAST, IN SECTION 03, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 82± ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 02-15, THE HENDERSON CREEK PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor and Associates, representing Gateway
Shoppes II, LLC, 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, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 3, Township
51 South, Range 26 East, Collier County, Florida, is changed from "RSF-3" and "PUD" to "PUD"
Planned Unit Development in accordance with the Artesa Pointe PUD Document, attached hereto as
Exhibit "A", which is incorporated by reference herein and by reference made part hereof.. The
Official Zoning Atlas Map numbered 1603S, as described in Ordinance Number 91-102, and the
Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO;
Ordinance Number 02-15, known as the Henderson Creek PUD, adopted on March 26,
2002, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
IN
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 2�4 day of—")aP� 12003.
ATTEST:
DW—M—B I' :BLOCK, CLERK
Approved as tAorrn
and Legal Sufficiency
Marjorld M. Student
Assistant County Attorney
UDZ-2003-AR-3860/RB/lo
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLO DA
BY: V "'
TOM HENNING , CHAIRMAN
4-23.63
ThN &-&nonce filed with the
ry of Sat 's officeettthe
doy of :
and acknowledgement of that
{Ilin recelved tfti� day
of .. be-
D"ry Ckrk
-2-
•
0
Artesa Pointe
A
PLANNED UNIT DEVELOPMENT
82± Acres Located in Section 3,
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Gateway Shoppes II, LLC
• PREPARED BY:
L_]
D. Wayne Arnold, AICP
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, Florida 34134
And
Richard D. Yovanovich
Goodlette, Coleman & Johnson
4001 Tamiami Trail North, Suite 300
Naples, Fl 34103
EXHIBIT "A"
FAPUD DccumentsWrtesa Pointe 9-03-03.DOC 9/3/2003
m
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
SECTION U
PROJECT DEVELOPMENT
SECTION III
RESIDENTIAL
SECTION IV
COMMERCIAL
SECTION V
PRESERVE/OPEN SPACE
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
EXHIBIT A
PUD MASTER PLAN
EXHIBIT B
BERM/WALL CROSS-SECTION
FAPUD Documents%Artesn Pointe 9-03-03.DOC 9/3/2003
PAGE
1-1
2-1
3-1
4-1
5-1
6,1
•
•
•
•
i
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Gateway Shoppes, LLC, hereinafter referred
to as the Developer, to create a Planned Unit Development (PUD) on 82± acres of land located in
Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned
Unit Development shall be Artesa Pointe. The development of Artesa Pointe will be in compliance
with the planning goals and objectives of Collier County as set forth in the Growth Management
Plan (GMP). The development will be consistent with the growth policies and land development
regulations adopted pursuant to of the Growth Management Plan, Future Land Use Element
(FLUE) and other applicable regulations for the following reasons:
1. The subject property is located in the Henderson Creek Mixed -Use Subdistrict as identified
on the Future Land Use Map. The Subdistrict provides for a maximum of 360 residential
dwellings and 325,000 square feet of commercial development. A minimum of 200
dwelling units shall be developed as affordable housing units.
The proposed residential density of the Artesa Pointe PUD is 5.96 dwelling units per acre
based on approximately 47 acres of non-commercial area, and approximately 8.5 dwelling
units/acre based on 33f acres of residential uses, and is consistent with the maximum
density permitted by the FLUE Density Rating System and is therefore consistent with
FLUE, Policy 5.1. The entire property qualifies for a base density of three (3) units per acre.
Through the affordable housing density bonus provisions of the GMP, eight (8) dwelling
units per acre may be added to the base density.
Base density
Traffic congestion area
Affordable housing density bonus
Total eligible density
Maximum permitted density
Requested density
4 dwelling units/acre
-1 dwelling unit/acre
5.5 dwelling units/acre
8.5 dwelling units/acre (280 units)
11 dwelling units/acre
5.96 dwelling units/acre = 280 units
The maximum amount of permitted commercial space shall be 325,000 square feet of gross
leasable area.
3. Improvements are planned to be in compliance with the applicable land development
regulations as set forth in Objective 3 of the FLUE.
4. The development of the Artesa Pointe PUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1. of the FLUE.
5. The Artesa Pointe PUD is a master planned mixed-use community and is planned to
encourage ingenuity, innovation and imagination as set forth in the Land Development
Code (LDC), Planned Unit Development District,
FAPUD Documenu4Attesa Pointe 9-03-03.DOC 9/3%1003
iv 0
6. The Artesa Pointe 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 of the GMP.
7. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the LDC.
8. The Artesa Pointe PUD is consistent with the Henderson Creek Mixed Use Subdistrict of
the FLUE.
•
is
FAND DocumenlslAnesa Pointe 9-03-03.DOC 9/3/2003
•
•
is
SHORT TITLE
This Ordinance shall be known and cited as the "ARTESA POINTE PLANNED UNIT
DEVELOPMENT ORDINANCE".
F TUD DocurnentMr-tesa Pointe 9-03-03.DOC 913/2003
1-1 0
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the Artesa
Pointe PUD, and to describe the existing conditions of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
A parcel of land located in Section 3, Township 51 South, Range 26 East, Collier County,
Florida being more particularly described as follows;
Commence at the East quarter corner of Section 3, Township 51 South, Range 26 East,
Collier County, Florida; thence run south 00°41'50" west, along the east line of the
southeast quarter of said Section 3, for a distance of 1,361.72 feet to a point on the southerly
right-of-way line of U.S. 41 (State Road 90) (200 foot right-of-way); thence run north
54'20'16" west, along said southerly right-of-way line, for a distance of 966.32 feet to a
point on the westerly line of a 100 foot wide drainage easement a recorded in Official •
Records Book 76 at Pages 127 through 129, of the Public Records of Collier County,
Florida; the same being the point of beginning; thence run South 20"16'12" west, along
said westerly line, for a distance of 203.10 feet to the beginning of a tangential circular
curve concave northwesterly; thence run southwesterly along said westerly line and the are
of said curve to the right, having a radius of 2,799.93 feet; through a central angle of
09°43'48"; subtended by a chord of 474.91 feet at a bearing of south 25°08'06" west, for an
arc length of 475.48 feet to the end of said curve; the same being a point on the north line of
the south half of the south half of said Section 3; thence run north 89°26'59" west, along
said north line for, a distance of 2,833.22 feet to a point on the easterly right-of-way line of
Isle of Capri Road ( State Road 951) (right-of-way varies); thence run north 02°28'03" east,
along said easterly line, for a distance of 1,284.83 feet; thence, leaving said right-of-way
line, run the following four (4) courses along the lines of the property described in Official
Records Book 2529 at Pages 1377 and 1378 north 9000'00" east for a distance of 100.09
feet; thence run north 02°28'03" east for a distance of 136.68 feet; thence run north
04°09'46" east for a distance of 163.91 feet; thence run south 89°55'57" east for a distance
of 867.08 feet to a point that is a distance of 400.00 feet southerly of and parallel with the
aforementioned southerly right-of-way line of U.S. 41 (State Road 90) (200 foot right-of-
way); thence run south 54'20'16" east for a distance of 1,654.49 feet; thence run north
35°39'44" east for a distance of 400.00 feet to a point on the said southerly right-of-way
line of U.S. 41; thence run south 54"20'16" east, along said line, for a distance of 600.00
feet to the point of beginning, containing 81.886 acres, more or less.
is
FAPUD DocumentslAnesa Pointe 9 -03 -03 -DOC 913/2003
• 1-2
•
Together with a non-exclusive ingress/egress easement over Parcel "A-1" as it is described
in Agreement for Non-exclusive Ingress/egress Easement recorded in Official Records
Book 2529, Page 1389, of the Public Records of Collier County, Florida
1.3 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 3, Township 51 South, Range 26 East. The site
is generally bordered on the west by S.R. 951 and the Eagle Creek PUD District; on
the north by undeveloped C4 and A zoned property; on the east by Henderson
Creek; and on the south by the Holiday Manor Mobile Home Park, zoned MH.
B. The zoning classification of the subject property at the time of PUD application is
RSF-3 and PUD.
C. Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per
FEMA Firm Map Panel No. 120067 605 E and 615 E, dated August 3, 1992, the
Artesa Pointe PUD is located within AE 7 of the FEMA flood insurance rate map.
D. Approximately 33% of the site is abandoned agricultural field. The remainder is
naturally forested with pine flatwoods and pine -cypress -cabbage palm.
E. The soil types on the site generally include 02 — Holopaw fine sand, limestone
substratum, 10 — Oldsmar fine sand, limestone substratum, I 1 — Hallendale fine
sand, 14 — Pineda fine sand, limestone substratum, 20 — Ft. Drum and Malabar, high
fine sands, 27 — Holopaw fine sand, and 32 — Urban land as defined by the NRCS.
F. The project site is located within the Collier County Water Management District
Henderson Creek Watershed.
1.4 PERMITTED VARIATIONS OF DWELLING UNIT TYPES.
A maximum of 280 dwelling units are permitted within the Artesa Pointe PUD. This
maximum may include a mix of single-family, two-family, duplex, zero lot line, patio,
townhome and multi -family dwelling unit types.
1.5 DENSITY
A. The acreage of the residential and open space portions of the PUD are
approximately 47± acres and the number of dwelling units authorized to be built
pursuant to this PUD is a maximum of 280 units through use of the affordable
housing density bonus as set forth in the Density Rating System of the FLUE of the
GMP. The gross project density, shall be a maximum of 5.96 units per acre.
FAPUD Dacuments\Artesa Pointe 9-03-03.DOC 9/312003
I-3 is
B. At all times, all property included within the Artesa Pointe PUD as residential or
open space shall be included in determining project density, including lands to be
reserved for road right-of-way as part of the PUD rezoning process.
•
•
FAPUD DpcumentslArtcsa Pointe 9-03-03.DOC 9/3/2003
•
CJ
SECTION H
PROJECT DEVELOPMENT
2.1 PURPOSE
2-1
The purpose of this Section is to generally describe the plan of development for the Artesa
Pointe PUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Artesa Pointe PUD will be developed as a nixed -use community which may
feature a full array of commercial uses, residential dwelling types, and a recreation
center, providing for activities such as community gatherings, recreational
amenities, and personal services, central to community residents.
B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use
Summary indicating approximate land use acreages is shown on the plan. The
Master Plan is conceptual, and the location, size, and configuration of the individual
recreational area, water management features, and development tracts 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 Subsection 3.2.7.2 and more particular Section 3.3 of the LDC.
C. The Artesa Pointe PUD is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the FLUE and the
Henderson Creek Mixed Use Subdistrict of the FLUE.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Artesa Pointe 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 which are in effect at the time of issuance of any development
orders to which said regulations relate which authorize the construction of
improvements, such as but not limited to, final subdivision plat, final site
development plan, excavation permit and preliminary work authorization. Where
this PUD Ordinance does not provide developmental standards, then the provisions
of the specific section of the LDC that is otherwise applicable shall apply. Where
specific standards are specified in this PUD, these standards shall prevail over those,
in the LDC.
F:TUD DocumentsWrtess Pointe 9-03-03.DOC 9i3l2003
2_2 0
B. 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.
C. Development permitted by the approval of this PUD shall be subject to the
Adequate Public Facilities Ordinance, Division 3.15 of the LDC.
D. Unless modified, waived or excepted by this PUD, or by subsequent request, the
provisions of all other sections of the LDC remain in effect with respect to the
development of the land which comprises this PUD.
E. All conditions imposed herein or as represented on the Artesa Pointe Master Plan
are part of the regulations which govern the manner in which the land may be
developed.
F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the
Artesa Pointe PUD, except where an exemption or substitution is set forth herein or
otherwise granted pursuant to the Land Development Code, Section 3.2.4.
G. The Site Development Plans Division of the LDC (,Article 3, Division 3.3) shall
apply to the Artesa Pointe PUD, except where an exemption is set forth herein or
otherwise granted pursuant to the Land Development Code, Section 3.3.4.
H. 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.
2.4 ROADWAYS
Roadways within the Artesa Pointe PUD may be privately owned and maintained.
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 Subsection 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 internal and privately owned
and maintained project roadways. The primary access road, loop road connecting U.S. 41
with S.R. 951, shall not be gated, and shall remain open to the public.
2.5 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Subsection 3.5.7.1 of the LDC may be reduced
with the administrative approval of the Collier County Planning Services Director. All
•
FAPUD DocumrntslArtesa Pointe 9-03-03.DOC 9/3/2003
0 2-3
lakes greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Subsection 3.5.7.3.1. and subject to permit approval of the South Florida
Water Management District. Removal of fill and rock from the Artesa Pointe PUD shall be
administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards
maximum), unless a commercial excavation permit is issued.
2.6 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage shall be allowed subject to review and administrative approval
by the Collier County Engineering Director for engineering and safety considerations during
the development review process and prior to any installations.
2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as
provided in Subsection 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 permit
application required by the LDC.
10 2.8 COMMON AREA MAINTENANCE
Common area maintenance shall be provided by a property owners' association. The
Developer shall create a property owners' association or associations, whose functions shall
include provision for the perpetual maintenance of common facilities and open spaces. The
property owners' association, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems and reserves serving
the Artesa Pointe, in accordance with the provisions of Collier County Ordinance 90-48 and
Resolution 90-292, together with any applicable permits from the South Florida Water
Management District.
RTUD Documents0itesa Pointe 9-03-03.DOC 9/32003
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Artesa Pointe PUD. Landscape buffers shall be provided consistent with the
minimum criteria for mixed-use activity centers, and as required by the Henderson Creek
Mixed-use Subdistrict. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4:1
2. Ground covered berms
Perimeter 3:1
Internal to project 3:1
3. Structural walled berms - vertical
B. Fence or wall maximum height: Six feet (6), as measured from the finished floor
elevation of the nearest residential structure within the development. If the fence or
wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in
height from the top of berm elevation, except as noted in Section 2.9.G of this PUD
Document. All fences shall be subject to the design standards of Section 2.6.11 of
the LDC.
C. Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Artesa Pointe PUD boundary with County Staff approval at the time of
preliminary subdivision plat, site development plan, or site improvement plan
approval.
D. Fences and walls which are an integral part of security and access control structures,
such as gatehouses and control gates, shall be subject to the height limitations for
principal residential structures.
E. Pedestrian sidewalks and/or bike paths may be allowed in landscape buffers. Where
such structures or features are located in the required landscape buffer, the landscape
buffer shall be increased in width equal to the encroachment in that location.
F. Landscape berms located within the Artesa Pointe PUD boundary and contiguous to
a property line and/or right-of-way line may be constructed such that the toe of slope
is set back a minimum 5 feet from the property line and/or right-of-way line. The
berm and wall identified in Section 2.9.G of this PUD shall be designed in
compliance with Exhibit `B" of the PUD.
G. Concurrent with development of each tract, a minimum 6 foot high precast concrete
(or similar material) wall shall be constructed within the buffer along the southern
property boundary adjacent the residential tract and an 8 foot high precast concrete
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wall (or similar material) shall be constructed within the buffer, adjacent the
commercial tract(s). The walls must be constructed on a minimum 3 foot high
berm). Within the Preserve Area, a chain link (or similar material) fence shall be
constructed parallel to the southern property line.
2.10 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Artesa Pointe 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 receive approval by the County
Community Development and Environmental Services Administrator. The following
standards shall apply:
A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence;
otherwise, a 4:1 side slope shall be required.
B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a
period longer than one year.
C. Soil erosion control shall be provided in accordance with LDC, Division 3.7
2.11 DESIGN GUIDELINES AND STANDARDS
The 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 forth in the LDC,
Section 2.2.20.1. Both commercial and residential development shall be designed in
compatible architectural styles and the project shall contain similar landscaping, buffers,
and signage.
2.12 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.
2.13 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Artesa Pointe PUD
except in the Preserve/open Space Area General permitted uses are those uses which
generally serve the Developer and residents of the Artesa Pointe PUD and are typically part
of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
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1. Essential services as set forth under LDC, Subsection 2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, recreational facilities.
6. 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.
7. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.9 of this
PUD.
8. Fill storage subject to the standards set forth in Section 2.10 of this PUD.
B. Development Standards: •
Unless otherwise set forth in this Document, or as noted in Table 1, the following
development standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Twelve feet
(12) except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from PUD boundary: See Table 1, Development Standards and
Subsection 4.5.A.4 of this PUD.
3. Minimum distance between unrelated structures - Ten feet (10').
4. Maximum height of structures - See Table 1, Development Standards and
Section 4.5.0 of this PUD.
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
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7. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the
appropriate sections of the LDC in effect at the time of site development
plan approval.
2.14 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixed-use projects maintain open space at a
minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes,
recreation tracts and buffers as open spaces. These areas, in conjunction with open space
areas included within the Residential District, will satisfy the 301/o open space requirement
of Section 2.6.32 of the LDC for mixed-use developments.
2.15 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Growth Management Plan, a minimum of 25% of the viable naturally functioning native
vegetation on site shall be retained, which is 13.755 acres.
2.16 SIGNAGE
• All signs will be in accordance with Division 2.5 of the LDC in effect at time of their
permitting, unless otherwise specified herein within the Artesa Pointe FUD.
A. Exception from Subsection 2.5.5.1.6 On -Premises Signs within Residential
District.
In addition to other permitted residential signs in Section 2.5 of the LDC, one pole
or monument directory sign which identifies the name of the commercial
component of the PUD and individual tenant(s) within the commercial component
as well as the residential development may be located at the project entrance on
U.S. 41 East. The sign shall not exceed a maximum of 150 square feet in sign
copy area and shall not exceed 15 feet in height. The minimum setback from U.S.
41 shall be 15 feet.
2.17 SII7EWALKS/BII F -PATHS
A. Pursuant to LDC Subsection 3.2.8.3.17 and Section 2.9 of the Artesa Pointe PUD,
sidewalks/bikepaths shall be permitted as follows:
1 • An internal pedestrian walkway system is permitted within drainage
easements.
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2. Sidewalks may be located outside platted rights-of-way, when located
within a separate sidewalk easement.
3. 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.
2.18 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
A. The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with Subsection 3.2.7.2
of the LDC.
B. The proposed primary entry road shall be designed and constructed in accordance
with Section 3.2.8 of the LDC. Other roadways within Artesa Pointe shall be
designed and constructed in accordance with Section 3.2.8 of the LDC with the
following substitutions:
C. Streets and access improvements
1. LDC Subsection 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 cul-de-sacs shall be forty (40) feet. Two-way drive
aisles serving multi -family tracts or commercial tracts shall be a minimum
of twenty-four (24) feet. Minimum right-of-way width for the loop road
shall be sixty (60) feet.
2. LDC Subsection 3.2.8.4.16.6, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. LDC Subsection 3.2.8.4.16.8, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum of
a twenty (20) foot radius (face of curb) for all internal project streets and a
thirty-five (35) foot radius for intersections at project entrances.
4. LDC Subsection 3.2.8.4.16.10, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on
any project streets.
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5. LDC Subsection 3.2.8.3.17, Sidewalks, bike lanes and bike paths
•
A sidewalk six (6) feet in width or an eight (8) foot wide multimodal
pathway shall be provided on one side of the loop road connecting U.S. 41
and S.R. 951.
6. LDC Subsection 3.2.8.3.17S, 1� cva L s, b' l b, �L
V A sidewalk five (5) feet in width shall be provided on one side only of local streets.
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SECTION III
RESIDENTIAL
"R"
3.1 PURPOSE
3-I
The purpose of this Section is to identify permitted uses and development standards for
areas within the Artesa Pointe PUD designated on the Master Plan as "R", Residential.
3.2 MAXIMUM DWELLING UMTS
A maximum of two hundred and eighty (280) residential dwellings may be constructed
within the areas designated "R" on the Conceptual Master Plan. A minimum of two
hundred (200) dwelling units shall qualify as affordable housing under Collier County
guidelines for affordable housing, and subject to the approved companion Collier County
Affordable Housing Density Bonus Agreement.
3.3 GENERAL DESCRIPTION
Areas designated as "R," Residential on the Master Plan are designed to accommodate a full
range of residential dwelling types and general permitted uses as described by Section 2.13
of this PUD Document, a full range of recreational facilities, essential services, and
customary accessory uses.
The approximate acreage of the area designated for residential development 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 LDC. Residential tracts are designed to accommodate
internal roadways, open spaces, and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
All residential dwellings shall be offered as for -sale product. No building or structure, or
part thereof, shall be erected, altered or used, or land used, in whole or part, for other than
the following:
A. Principal Uses:
1. Single family attached, and townhomes (no building structure for single
family attached or townhomes shall contain more than'4 dwelling units).
2. Single family and zero lot line dwellings.
3. Two-family and duplex dwellings.
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4. Multi -family dwellings including coach homes andarde
g n apartments (no
building structure shall contain more than 4 dwelling units).
5. Model homes and model home centers (subject to Section 2.6.33 of the
LDC) Offices for project administration, construction, sales and marketing.
6. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this subdistrict, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development, and
essential services.
2. Any other accessory use, which is comparable in nature with the foregoing
list of uses, as determined by the Board of Zoning Appeals (BZA).
3.5 DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for land uses within the Artesa Pointe
PUD residential area.
B. Site development standards for single family, zero lot line, patio home, two-family,
duplex, single family attached and town home uses apply to individual residential
lot boundaries. Multi -family standards apply to parcel boundaries.
C. 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 yard, height,
and floor area standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be in
accordance with those standards of the zoning district which permits development
that is most similar to the proposed use.
E. During the platting process, the Developer shall identify the specific housing type
intended for each platted tract.
F. Single-family attached dwellings shall be permitted to have individual driveways on
private roadways.
G. All residential development shall comply with the minimum landscape standards
required in Section 2.4 of the LDC.
H. All dwelling units shall be required to have a minimum of a single -car garage.
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TABLE 1
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREA
DEVELOPMENT
SINGLE-
ZERO
MULTI-
CLUBHOUSE/
STANDARDS
FAMILY
LOT LINE
FAMILY\
RECREATION
ATTACHED
PATIO\VILLA
BUILDINGS
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
2,250 S.F.
2,250 S.F.
1 ACRE
N/A
MINIMUM LOT WIDTH
25 FEET
40 FEET
150 FEET
N/A
MIN. FLOOR AREA
1,000 S.F.
1,000 S.F.
450 S.F.
N/A
FRONT YARDfo,"
20 FEET
20 FEET
20 FEET
N/A
SIDE YARD
5 FEET'-'
0 FEET or
15 FEET
N/A
7.5 FEET 1.7
5 FEET,'
or!/: BH
REAR YARD
15 FEET
15 FEET
15 FEET
N/A
PRESERVE SETBACK"
PRINCIPAL STRUCTURE
25 FEET
25 FEET
25 FEET
25 FEET
ACCESSORY STRUCTURE
10 FEET
10 FEET
10 FEET
10 FEET
MIN. DIST.
BETWEEN STRUCTURES
10 FEET
10 FEET
I5 FEET'
N/A
15 FEET
MAX. BLDG. HT.
35 FEET-'
35 FEET',6
35 FEET'
N/A
ACCESSORY STRUCTURES
FRONT
S.P.S.
S.P.S.
S.P.S.
20 FEET
SIDE
S.P.S.'.'
S.P.S.'• a
S.P.S.''
0, OR 5, OR
7.5 FEET\'
REAR (ATTACHED)
5 FEETa
5 FEET'
10 FEET'
5 FEET'
(DETACHED)
5 FEET'
5 FEET'
20 FEET'
5 FEET'
PRESERVE SETBACK
10 FEET
10 FEET
10 FEET
10 FEET
MAX. BLDG. HT.
35 FEET 1.6
35 FEET5'
35 FEETS'
35 FEET' -6
I Applicable to single story dwelling runts.
Z Applicable to two story dwelling units.
r 2cro foot (0') minimum side yard setback on either or both sides, provided a minimum 10 foot separation between principal structures is maintained.
IS feet or one half of the sum of the .heights of adjacent buildings, measured from the exterior walls, whichever is greater.
' Building height shall be measured from the first finished floor elevation.
6 Maximum height is 2 stories, not to exceed 35 feet, above the minimum finished floor elevation, execpt for attached screen enclosures, which may be
the height of Ute principal structure,
'Where fee simple lots are created as single family attached housing units, no side yard shall be required between interior units of a unified principal
I structure, and the required side yard shall be measured from the exterior wall(s) of the principal structure.
Where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required, 20 foot lake maintenance easement
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan),
9 For purposes of this PUD, attached roofed screen enclosures or lanais shall be considered accessory structures.
"'Building setback shall be measured from back of curb for private streets; however, a minimum of 23 feud from edge of sidewalk to the garage must be
provided, or 23 feet from edge of pavement where no sidewalk is provided_
"For lots abutting the project's loop road and which have access from another private road, a minimum building setback of 15 feet from the loop road
right-of-way shall be required. A landscape buffer or fence shall be required between the slmcttre and the right-of-way.
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Note: The location of structures proposed adjacent to a lake may have o
y n setback from the lake
maintenance easement. No structures are permitted in the required, 20 foot lake maintenance
easement, except as provided for in Section 2.5 of this PUD Document,
S.P.S.: Same as Principal Structures.
BH: Building Height.
F:TUD DOCUnlen6�AY(esa Pointe 9-03-03.DOC 9/3/2003
SECTION IV
COMMERCIAL
"C»
4.1 PURPOSE:
4-1 0
The purpose of this Section is to identify the permitted commercial land uses and
related development standards for areas within the Artesa Pointe PUD designated
"C", Commercial on the Conceptual Master Plan, Exhibit A.
4.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE
A maximum of 325,000 square feet of gross leasable commercial space is permitted
within the Artesa Pointe PUD. A maximum of four out -parcels are allowed, all of
which shall abut Collier Boulevard. All out -parcels shall provide internal vehicular
access. All out -parcels are limited to non -regional commercial uses. No out -parcel
shall exceed five acres.
4.3 GENERAL DESCRIPTION •
Areas designated as "C", Commercial on the Master Concept Plan, Exhibit "A", are
designed to implement the provisions of the Henderson Creek Mixed Use Sub-
district outlined in the FLUE of the Collier County Growth Management Plan. The
focus of this Subdistrict is to provide regional commercial uses with limited
neighborhood commercial uses.
For the purposes of this PUD, the term "regional commercial uses" is defined as:
Retail uses typically dominated by large anchors, including discount department
stores, discount super stores, off-price stores, warehouse clubs, and home
improvement centers. Regional retail uses typically utilize square footages ranging
from 20,000 square feet to over 100,000 square feet.
4.4 PERMITTED USES
A. Principal Uses (non -regional):
1. Accounting, auditing and bookkeeping services (8721)
2. Apparel and accessory stores (5611-5699)
3. Building materials, hardware, and garden supply (5231-5261)
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4.
Business services (7311, 7313, 7322-7338, 7361, 7371, 7372, 7374-7376,
7379, 7384)
5.
Depository institutions (6011-6099)
6.
Eating places (5812)
7.
Engineering, architectural and surveying (8711-8713)
8.
Food stores (5411, excluding grocery stores and supermarkets — 5499, with
accessory gasoline pumps and car wash)
9•
General merchandise stores (5311-5399), including discount retail, and
discount superstore with
grocery, auto tire and lubricating, and pharmacy
component.
10.
Health services (8011-8049)
11.
Home furniture, furnishing and equipment stores (5712-5736)
12.
Insurance carriers, agents and brokers (6311-6399, 6411)
13.
Libraries (823.1)
14.
Legal services (8111)
15.
Management and public relations services (8741-8743)
16.
Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 —
excluding auction room, tombstone
17.
sales, and swimming pool sales.)
Non -depositary credit institutions (6141-6163)
18.
Real estate (6512, 6520-6552)
19.
Stationery and office supplies, retail (5112)
20.
Motion pictures (7832, 7841)
B. Principal Uses (regional):
1. Apparel and accessory stores (5611-5699)
2. Building materials, hardware, and garden supply (5231-5261)
3. General merchandise stores (5311-5399), including discount retail, and
discount superstore with grocery, auto tire and lubricating, and pharmacy
component.
4. Home furniture, furnishing and equipment stores (5712-5736)
5. Libraries (823 1)
6. Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 —
excluding auction room, tombstone sales, and swimming pool sales.)
7• Stationery and office supplies, retail (5112)
8• Motion pictures (7832, 794 1)
9. Discount warehouse clubs, which includes stores where shoppers pay a
membership fee in order to take advantage of discounted prices on a wide
variety of items such as food, clothing, tires and appliances.
10. Home improvement superstore enter, which includes warehouse -type retail
facilities specializing in the sale of home improvement merchandise,
including lumber, tools, paint, lighting, wall paper and paneling, kitchen and
bathroom fixtures, lawn equipment, and garden plants and accessories. No
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outdoor storage of building materials or on-site assembly of building
components is permitted.
C. Accessory Uses:
1. Uses and structures that are customarily incidental and subordinate to the
above permitted uses.
2. Automatic car washes and fuel pumps in conjunction with a convenience
food store.
4.5 DEVELOPMENT STANDARDS
A. Yard Requirements
1. Front: Twenty-five feet (25')
2. Side: Fifteen feet (15')
3. Rear: Fifteen feet (15')
4. From PUD Boundary: Twenty-five feet (25')
5. From Internal Roadway: Ten feet (10')
b. Preserve:
Principal: Twenty-five feet (25')
Accessory: Ten feet (10)
B. Minimum Lot Size
1. Minimum lot width: One hundred feet (100')
2. Minimum area: Twenty thousand (20,000) square feet
C.. Building Height
Buildings shall be limited to one-story, not to exceed a maximum of thirty-five (35')
feet in height except that architectural entry features may exceed thirty-five (35')
feet in height, mezzanines shall not constitute a second story. Building height shall
be applied in accordance with the LDC.
D. Floor Area Requirements
At Ieast one of the regional commercial uses (as set forth in this Subsection) shall
contain a minimum of 100,000 square feet of gross leasable area. Non -regional
commercial uses shall not exceed a total 32,500 square feet of gross leasable area,
and the remaining regional commercial use (beyond the one required at minimum of
100,000 square feet) must occupy a minimum of 20,000 square feet of gross
leasable floor area, as required by the Subdistrict. Those integral components of
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regional retail uses and discount super stores such as gasoline sales and auto service,
grocery sales, pharmacies, and the like shall not be considered non -regional retail
uses for purposes of the overall non -regional retail square footage limitation. For
purposes of this PUD, gross leasable area shall include only that portion of a
building under a roof and enclosed by walls.
0 F:\PUD DocumentslArtesa Pointe 9.03-03.DOC 913/2003
5.1
5.2
53
5.4
5.5
SECTION V
PRESERVE/OPEN SPACE AREA
"P/091
PURPOSE
5-1
The purpose of this Section is to identify permitted uses and development standards for the
area within the Artesa Pointe PUD designated on the Master Plan as "PO", Preserve/Open
Space.
GENERAL DESCRIPTION
Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to
accommodate conservation, passive recreation and water management uses and functions.
The acreage of the Preserve/Open Space area is indicated on the Master Plan.
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, nature trails and shelters.
2. Water management structures.
3. Any other conservation and related open space activity or use, which is
comparable in nature with the foregoing list of uses, as determined by the
Board of Zoning Appeals (BZA).
DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
LANDSCAPE BUFFERS
A. Where Section 2.4 of the LDC requires landscape buffers, and Preserve/Open
Space areas are shown, landscape buffers may consist of preserve vegetation,
where it is demonstrated that the landscape feature meets or exceeds requirements
of Section 2.4 of the LDC.
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SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
6-1
The purpose of this Section is to set forth the development commitments for the
Artesa Pointe PUD.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with final site development plans,
final subdivision plats and all applicable state and local laws, codes and
regulations in effect at the time of approval of the development order to which
such regulations apply except where specifically noted.
B. The PUD Master Plan (Exhibit A) is an illustration 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 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.
6.3 ENGINEERING
A. Except as noted herein, all project development will occur consistent with
Division 3.2 and 3.3 respectively, of the LDC.
6.4 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 Collier
County Ordinance 01-57, as may be amended, except as may be provided in
Section 2.4 of this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
Collier County utility construction requirements in effect at the time construction
plans are approved.
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C. All customers connecting to the potable water and sanitary sewer system shall be
customers of the County.
6.5 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to
commencement of site work.
B. An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the LDC. All lake dimensions will be approved at the time of
excavation permit approval.
C. The Artesa Pointe PUD 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.
D. All development within the PUD may share common surface water management
facilities.
6.6 ENVIRONMENTAL Is
A. Buffers shall be provided around wetlands, extending at least 15 feet landward
from the edge of wetland preserves and averaging 25 feet from the landward edge
of wetland preserves. Where natural buffers are not possible, structural buffers
shall be provided in accordance with State of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Section
Staff.
B. An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the preserve/open space areas, shall be submitted to Environmental
Services Department for review and approval prior to final site plan/construction
plan approval.
C. 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.
Conservation easements shall be dedicated on the plat to the project homeowners,
association, or like entity, for ownership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
FAPUD DocumentsVausa Pointe 9.03.03 -DOC 9/16/2003
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6.7 TRANSPORTATION
The development of this PUD will be subject to and governed by the following
conditions:
%,7 ow cl/tel u kA
A. All traffic control devices used mfist be in accordance with the Manual of
Uniform Traffic Control Devices/ as adopted by the Florida Department of
Transportation (FDOT), as. 4ad, and as required by Florida Statutes —
Chapter 316, Uniform Traffic Control Law.
B. All traffic speed limit postings must be in accordance with the Speed Zoning
Manual), as amended, and as adopted by the FDOT, and as required by Florida
Statutes -- Chapter 316, Uniform Traffic Control Law.
C. Arterial level street lighting shall be provided at all development points of ingress
and egress. Said lighting shall be in place prior to the issuance of the first
permanent certificate of occupancy.
• D. External and internal improvements determined by Collier County Staff to be
essential to the safe ingress and egress to the development shall not be considered
for impact fee credits. All such improvements shall be in place prior to the
issuance of the first certificate of occupancy.
E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended.
F. Any and all points of ingress and/or egress as shown on any and all plan
submittal(s) are conceptual in nature and subject to change, as determined by
Collier County Staff. The County reserves the right to modify or close any ingress
and/or egress location(s) determined to have an adverse affect on the health, safety
and welfare of the public. These include, but are not limited to, safety concerns,
operational circulation issues, roadway capacity problems.
G. Any and all median opening locations must be in accordance with the Collier
County Access Management Policy, as amended, and LDC, as amended. Median
access and control will remain under the County's authority. The County reserves
the right to modify or close any median opening(s) determined to have an adverse
effect on the health, safety and welfare of the public. These include, but are not
limited to, safety concerns, operational circulation issues, roadway capacity
problems.
FAPUD D-umentsWrtesa Pointe 9-03-03.DOC
9/16/2003
6-4 0
H. Nothing in any development order will vest the right of access over and above a
right in/right out condition. Neither will the existence, or lack of, a future median
opening be the basis for any future cause of action for damages against the County
by the Developer(s), its successor(s) in title, or assignee(s).
I. The development shall be designed to promote the safe travel of all users
including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be
separated from vehicular traffic in accordance with recognized standards and safe
practices, as determined by Collier County Staff.
J. The Developer(s) shall be responsible for the cost of any and all traffic signal(s),
at any and all development entrances(s), when determined warranted and
approved by FDOT. When warranted, upon the completion of the installation,
inspection, burn -in period, and final approval/acceptance of any and all traffic
signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier
County, and will then be operated and maintained by Collier County
Transportation Operations Department. Any negotiations relevant to "fair share"
payment(s), or reimbursement(s), from any and all other neighboring
developer(s)/property owner(s), that directly benefit from said traffic signal(s),
will be determined based upon percentage of usage/impact. •
K. The Developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn lane(s)
improvement(s) at the development entrances) prior to the issuance of the first
permanent certificate of occupancy. Said improvements are considered site
related, and therefore, do not qualify for impact fee credits. When said turn lane
improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined
to be necessary, right-of-way and/or compensating right-of-way, shall be provided
in conjunction with said improvement(s), as determined by Collier County Staff.
L. All internal access(es), drive isle(s), sidewalk(s), not located within County right-
of-way shall be privately maintained by an entity created by the Developer(s), its
successor(s) in title, or assignee(s).
M. Joint/shared access(es) may be required by Collier County Staff, as a condition of
site development plan approval.
N. Frontage, midpoint and/or backside interconnection(s) may be required by Collier
County Staff, as a condition of site development plan approval.
O. Arterial level street lighting shall be provided by the Developer at all project
entrances prior to issuance of a certificate of occupancy.
FAPUD DocumrntSOJUsa Pointe 9-03-03.DOC 9/16/2003
0
0
•
6-5
P. The primary access, loop road connecting U.S. 41 with S.R. 951, shall not be
gated, and shall be open to the public. Provisions for future interconnections to
properties north of the access road shall be made at the time of plat or site
development plan approval.
FAPUD DocumentslAncsa Pointe 9.03-03.DOC 9/16/2003
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-46
Which was adopted by the Board of County Commissioners
on the 23rd day of September, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of September, 2003.
DWIGHT E. BROCK
g.._ ..
Clerk of Courts and Clerrik"
Ex -officio to Boards of.
County Commissioners
By: Patricia L. Morgan.
Deputy Clerk
F- -1
LJ
0
E_
uture Land Use Element as of Ordinance No. 2016-15 adopted May 24, 2016
• Retail uses shall be limited to single -story. Financial services and offices shall be limited to three
stories. A combination of these uses in a single building financial services and/or offices over
retail uses — shall be limited to three stories. Also, mixed-use buildings, containing residential
uses over commercial uses, shall be limited to three stories. All principal buildings shall be set
back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height.
Development within each project or yet to be established PUD District shall be required to have
common site, signage and building architectural elements. Each project or PUD District shall
provide for both pedestrian an I r interconnections with abutting properties.
(V% V)(XXXVll)(XXXVill)
10. Henderson Creek Mixed Use Subdistrict
The enderson Creek MIX
se u is n consists of approximately 81 acres and is located
east of Collier Boulevard (SR 951) and south of US 41 (Tamiami Trail, East). The intent of the
Subdistrict is primarily to provide for a mixture of regional commercial uses and residential
development; the regional commercial uses are intended to serve the South Naples and Royal
Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of
the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of
the residential component of the Subdistrict shall be the provision of affordable -workforce housing
to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal
Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be
developed under a unified plan; this unified plan must be in the form of a Planned Unit
Development.
For purposes of this Subdistrict, the term "regional commercial' is defined as: Retail tail uses t pically
darcL are anchors, including discount department stores, off-price stores, warehouse
clubs, and the like, some o which offer a large selection in a particular merchandise category.
>� Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000
square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial
miles, with a typical store separation of 5 radial miles for any individual regional commercial
business.
(XV) Specific requirements and limitations for the Henderson Creek Mixed -Use Subdistrict as follows:
(XXXVII) a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and US 41.
A loop road that is open to the public shall connect these access points.
b. Vehicular and pedestrian interconnections shall be provided between the residential and
commercial portions of the Subdistrict.
c. The unified plan of development within the Subdistrict shall include provisions for vehicular
and pedestrian interconnection to properties to the north.
d. Commercial components of this Subdistrict shall front on Collier Boulevard.
e. Commercial uses are limited to a maximum of 40 acres and 325. re feet of gross
leasable floor area.
The maximum intensl"ly ofcommercial uses are those allowed in the C-4, General
Commercial, Zoning District.
g. At least one regional commercia use is required to occupy aminimum of 100,000 square
feet of gross leasable floor area. Each remaining regional commercial use must occupy
a minimum of 20,000 square feet of gross leasable floor area.
0 (XXXVIII) = Plan Amendment by Ordinance No. 2015-13 on February 10, 2015
Future Land Use Element as of Ordinance No. 2016-15 adopted May 24, 2016
h. Non -regional commercial uses prohibited in this Subdistrict include grocery stores, fitness •
centers, auto repair, auto sales, and personal service uses.
i. Non -regional commercial uses are limited to a maximum of 10% of the total allowed
commercial square footage (32,500 square feet).
j. A maximum of four out -parcels are allowed, all of which must abut Collier Boulevard. All
out -parcels shall provide internal vehicular access. All out -parcels are limited to
nonregional commercial uses. No out -parcel shall exceed five acres.
k. Commercial development shall be restricted to one-story buildings with a maximum height
of 35 feet.
I. Residential development shall be limited to a maximum of 360 dwelling units, subject to
the Density Rating System. However, a minimum of 200 affordable -workforce housing
units shall be provided.
m. Residential dwellings shall be limited to a maximum height of two habitable stories.
n. Both commercial and residential development shall be designed in a common architectural
theme.
o. Prior to commencement of any development in the Subdistrict, a unified plan of
development for the entire Subdistrict must be approved by the Board of Collier County
Commissioners.
p. The type of landscape buffers within this Subdistrict shall be no less than that required in
mixed-use activity centers.
(Vipl)(Xv)
11. Research and Technology Park Subdistrict
The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry
uses — aviation/aerospace industry, health technology industry, information technology industry,
and light, low environmental impact manufacturing industry and non -industrial uses, designed in
an attractive park -like environment where landscaped areas, outdoor spaces and internal
interconnectivity provide for buffering, usable open space, and a network of pathways for the
enjoyment of the employees, residents and patrons of the park. Research and Technology Parks
shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and
Urban Industrial District, and may include the general uses allowed within each District, the
specific uses set forth below, and shall comply with the following general conditions:
(XV) a. Research and Technology Parks shall be permitted to include up to 20% of the total
acreage for non -target industry uses of the type identified in paragraph "d" below; and,
up to 20% of the total acreage for affordable -workforce housing, except as provided in
paragraph j below. Similarly, up to 20% of the total building square footage, exclusive
of square footage for residential development, may contain non -target industry uses of
the type identified in Paragraph d below. At a minimum, 60% of the total park acreage
must be devoted to target industry uses identified in paragraph c below. Similarly, a
minimum of 60% of the total building square footage, exclusive of square footage for
residential development, shall be devoted to target industry uses identified in Paragraph
c below. The specific percentage and mix of each category of use shall be determined
at the time of rezoning in accordance with the criteria specified in the Land
Development Code. The acreage and building square footage figures and percentages
(XV) = Plan Amendment by Ordinance No. 2007-18 on January 25, 2007 0
37