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F- W z °C z Q a O Owp � Lu \ v` c�. Retn: CLBRI ?0 TH BOARD IMROFFICI ITT FLOOR 11T 8406 ITEM #. /t BCC DATE: 3621786 OR• BY: r!,O,��,�, j5 -7 e . - ,"�,% • 3OVL ru; 0JI Be 111 299.00 RICORDID in the OFFICIAL RICCUS of C011II1 Cow, FL COPIES 35.00 05/19/2005 at 09:53AK DVIG1i 1. BROCK, CLIK DEVELOPER CONTRIBUTION AGREEMENT AVE MARIA I 2 A THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement') is made and \ entered into this Zlotl. day of April, 2005, by and between AVE MARIA DEVELOPMENT, 1� LLLP, a limited liability Florida Limited Partnership, formerly nown New Y as Town Development, LLLP ( "Developer ") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ( "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ") was created and established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625, effective June 17, 2004; and WHEREAS, within the b available approximately 905 operation of a private uni ersi undergraduate, graduate, an pr es activities, benefits and pr gr southwest Florida, the State of o arron Collier Company has made the Ave Maria ity, Inc. for the institution and as Ave Man U 'versity with a full slate of ro s rela c ltural, recreational, and other i , se ch, and public services to la. t e t n- n WHEREAS, as set in the February 005 endations of the Southwest Florida Regional Planning C Development of a act Assessment for the "Town of Ave Maria," DRI #07 -030 ere is to be create 95 -acre Town of Ave Maria, to be located just north of Oil We Q d adjacent Keais, which proposed Town at buildout will include 11,000 reside a17'i' ouse an estimated 24,200 residents, 690,000 gross square feet of retail/servic , square feet of office, 400 hotel rooms, a 6,000 - student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laving of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of Immokalee, Developer has agreed: (1) to donate certain right -of -way and other consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of 8 OR: 3802 PG: 2558 WHEREAS, in addition to the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County, and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Immokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road contemplated hereby; WHEREAS, the Trans p Administrator �has"" Commissioners that the plan for d set forth in this conformity with contemplat d p nt d a ditioi network and that it will be a v right -of -way described herei ; WHEREAS, after re e conside ra io tn by authorized the County Attorne reps are this Agree a. The subject Propo� is in confi and additions to the t't�a,A. IT ended to the Board of County ent ( "Proposed Plan") is in to the County's transportation tper to donate and contribute the issioners, the Board has i finding that: the contemplated improvements b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the County's existing Comprehensive Plan; d. Except for the right -of -way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five -year capital improvement program for the County's transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement: Page 2 of 8 12q OR: 3802 PG: 2563 l2 a County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (S) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 23. This Agreement and DRI Development Order, SRA d Engineers permit for the Town Maria DRI or SRA do not bec me received and become effecti e b fc hereunder shall be null and vo' $6,000,000 in impact fee cr its ec impact fee credits may be uti i IN WITNESS WHEF by their appropriate officials, •.r Attest:'' DWIGH�t,5.141' 'Ierk S E S: 0" . Print Name: $►/�� ��9c4 Print Name: ! rein shall become effective when the Ave Maria and Army Corps of become i effective. If the Town of Ave ACOE perm fo the Town of Ave Maria is not r 06, th's A eement and all obligations to r will retain the estimated r e i Plans and Permitting which le parties hereto � date first above Agreement to be executed Y COMMISSIONERS , FLORIDA, By: W FRED W. COYLE, Chairm AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Baron Collier orporation Gene P By: Paul Marinelli Title: President Page 7 of 8 12q November 8, 2011 allocated for the -- for unincorporated Collier County strictly. So there are some individual components within the AUIR/CIE where we utilize different population numbers. I will admit the majority of them utilize the peak season, which is your 20 percent markup. COMMISSIONER HILLER: Going -- continuing with that. And, Commissioner Coyle, thank you for providing the clarification. In the email where you responded to me on the question about the population -- which I still have an exception to. I take exception with and I think we should bring it back and analyze it -- is -- it says that you're supposed to use BEBR except when we're in a census year, when we have census numbers. So did you use census numbers for this? Because I thought you were using BEBR. But according to this email it says that you're supposed to use census estimates. MR. BOSI: We did use census estimates -- COMMISSIONER HILLER: You used census? MR. BOSI: -- that were incorporated within the BEBR numbers. COMMISSIONER HILLER: Okay. So the census was incorporated into the BEBR? MR. BOSI: Yes. COMMISSIONER HILLER: Because here in your email your response is, is that BEBR is separate from census and that the census MR. BOSI: The BEBR numbers were delayed two months this year because they had to incorporate the factoring of these 2010 census estimates that were provided for. COMMISSIONER HILLER: So that's actually -- BEBR are one and the same for purposes of this? MR. BOSI: For the purpose of this population, yes. COMMISSIONER HILLER: Okay, great, wonderful. The next item that I'd like to address is under requested actions, it's Item 7, which is direct the county manager or designee to manage Page 285 12A November 8, 2011 the impact fees and projects identified in Attachment D of the roadway portion of the CIE consistent with the conditions outlined in the Ave Maria LLLP letter attached. And then what we have at the beginning of this staff report is a letter from Ave Maria signed by Blake Gable, and it provides what seems to be a -- an amendment to the DCA. Now, it's supposed to be acknowledged by Nick Casalanguida, but obviously Nick cannot sign in a contract amendment on behalf of the Board of County Commissioners. And, you know, this has provisions in it, some of which I can't accept and others of which I can, but are, you know, absolutely contrary to the DCA. So, I mean, if we've got -- and, really, I don't want you to address it, Nick. I want the county attorney to address it, because this really doesn't make a whole lot of sense to me. And it -- in effect, for the benefit of the people who are listening, it's all about, you know, the shifting of impact fees between districts and, you know, the un- -- one of the unfinished projects, specifically 60044C, which was to be completed under the DCA. MR. CASALANGUIDA: May I, Mr. Chairman? It might be helpful if I give an introduction to this for the county attorney. CHAIRMAN COYLE: Go ahead. MR. CASALANGUIDA: Thank you. Your Attachment D. which is on Page 20, shows your five -year work program. CHAIRMAN COYLE: You're going to have to be more specific. We've got a packet with information in it, and then we have this document with information in it. You're going to have to tell us -- COMMISSIONER HILLER: Can you put it on the overhead? CHAIRMAN COYLE: -- which section you're talking about. MR. CASALANGUIDA: It's in your book, your AUIR book. CHAIRMAN COYLE: Okay. Under which tab? MR. CASALANGUIDA: It's under Page 20, under Category A facilities. Page 286 I 2 A November 8, 2011 CHAIRMAN COYLE: Okay. On page what, 20 you said? MR. CASALANGUIDA: Twenty. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: And it's up on the viewer right now. It's your Attachment D. CHAIRMAN COYLE: Got it. MR. CASALANGUIDA: Okay, very good. That is your five year road program. Now, when we developed this program, we also looked back at Ave Maria DCA that says, monies from that impact fee district and adjacent district have to go towards the Oil Well Road project. Well, as you know, Ave Maria has not developed that area as much as we've liked. They recognize that. We've done both ends of that project consistent with that agreement, monies collected within that district or adjacent district, and more recently we've agreed to resurface that middle section of the road with the understanding that they wouldn't ask us to do anything for the next five years. That was a letter we received from Ave Maria a little while back. Kind of to piggyback off that letter, we said, well, we've got Golden Gate Boulevard and Wilson. That's an important project in District 5 that requires an improvement. It's a failing segment. And we said, if we're handcuffed by putting all the pipeline money the next five years towards Oil Well Road, while you're growing very slowly, and we resurfaced the middle section and widened it, you kind of put us in a bad jam. So we reached out to Ave Maria and said, can we take the money that we collect over the next five years in impact fee, that district, and apply it to some other capital projects that we think are more important than Oil Well Road right now? They thought about it for a while, and we talked back and forth, and they agreed, provided by this letter, for a reduction in impact fees dedicated to Oil Well Road over the next five years consistent with this attachment. They said, Page 287 12A h November 8, 2011 whatever you've provided to the Planning Commission, whatever the board's going to see, we're okay with that. You're going to do some other improvements that are good for people in the Estates: The bridge on 23rd, Golden Gate and Wilson intersection, and continue on with those projects that are needed today. So what they've said is, rather than put that money in an account for us, which everybody would not like right now, we'll allow you to move forward with that project. But one particular caveat they said is, any monies collected in Ave Maria, we'd like that to be consistent with that district that we've set up through the DCA that you have. And we said, we don't have an issue with that. So they've allowed us to present this Attachment D, which is our five -year program, allow some other needed projects within the area to move forward as long as we take the Ave Maria dollars that they collected and one mile around Ave Maria and keep it for that area; we didn't have a problem with that. It's actually a reduction in the demand of the DCA. They're not asking for more. They're asking -- they're letting us take less. So that's kind of where we're at, and then the county attorney can opine as he sees fit. MR. KLATZKOW: And, Nick ' ' that we 51- had -- iscussions with " em, shou w 's by a endment, and they did not want to amend the DCA? MR. CASALANGUIDA: They said absolutely not would they open up the DCA at this point in time. KLATZKOW: Okay. COMMISS 'the- proble not going to amend the agreement, but you're basically going to do things which are supposedly in violation of the agreement. MR. KLATZKOW: Well -- COMMISSIONER HILLER: And we don't have an agreement to say that we can violate this agreement. I mean, to me that's just not Page 288 12A November 8, 2011 the way we should be doing business. Either we're amending the DCA or we're not amending the DCA. Why would they be objecting to amending the DCA? You know, this has the effect of an amendment. So why wouldn't they agree to do it legally and properly? Because to call this -- to say that this is not an amendment makes no sense. MR. CASAL UI d, ma'am, t thing it changes is that we don't ave to pipeline funds to Oil Well Roa . That's -- as I read -- and it as drafted -- and I helped them draft it -- s, it's a forgivenes of that requirement. Rather than encumberin the county to do more, they've de- encumbered the county to do le s nd said, for the -- COMMISSI Well, again, we are bound by a contract. We're obligated under that contract. If we're going to do anything contrary to that contract, the contract provisions say there has to be an amendment, a formal modification. So I don't see how we can be doing this and getting away with it. MR. KLATZKOW: We're not doing anything and getting away with it. This was -- COMMISSIONS agreement -- MR. KOW: Ma'am, I mean, made the request of them because COMMISSIONER HILLER: Understood. MR. KLATZKOW: And they're willing to do this much. They're not willing to amend the DCA. My preference -- and I told them that. My preference would be to amend the DCA and get it before the board. For whatever reason they don't want to go that way. They preferred this letter. COMMISSIONER HILLER: I have a problem with that, because I think that exposes us to a contract dispute. I mean, this letter does not serve as a basis for a modification. Now we're going forward, and we're doing something contrary to the agreement, Page 289 12A November 8, 2011 suppose \ , according to this letter. . KLATZKOW: What's your alternative, ma'am? COMMISSIONER HILLER: Well, the alternative is you don't do it. MR. KLATZKOW: In which case you won't -- you'll be losing all those projects. COMMISSIONER HILLER: I understand that. Well, then they need to understand that and agree to a modification. COMMISSIONER FIALA: We've just been talking about being business friendly, being flexible -- COMMISSIONER HILLER: It's the -- COMMISSIONER FIALA: -- working with people so that we can benefit the whole county. COMMISSIONER HILLER: I understand all that. COMMISSIONER FIALA: And if they're in agreement and everybody's in agreement -- COMMISSIONER HILLER: Either this is a -- you either have a modification or you don't. You can't be half -- you can't go halfway on this. You can't just sit there -- COMMISSIONER FIALA: I think they have an agreement. MR. KLATZKOW: It's more of an estoppel and a waiver than it is an agreement. And, again, it's not the preferred way to do this, but it's the best deal we can cut. COMMISSIONER HILLER: And I also don't understand with -- Bullet 3 of this. I mean, this is -- you know, and I certainly don't think that this is something Nick can cut under any circumstance. MR. CASALANGUIDA: I didn't sign it, ma'am. I just acknowledged I received it was what they've asked. COMMISSIONER HILLER: Okay. Well, it doesn't say acknowledge receipt. It said "acknowledge." So, you know, Bullet 3, you know, I really don't understand what that means, and I don't understand the implication of it. Page 290 I za November 8, 2011 MR. CASALANGUIDA: It's -- it will apply for grants, and we'll do our best to keep things moving in our program the best we can. And it says -- it's best efforts, which is kind of, you know, one of those, we shall do our best efforts to keep moving forward, apply for grants, maintain a schedule, accelerating projects where possible that qualify for funding. But it doesn't require us to do anything other than use our best efforts. COMMISSIONER HILLER: But why are they requiring that of us? MR. CASALANGUIDA: Well, I think what they've said is, you've got a five year program; do your best to maintain that five year program. That -- so they wanted to -- so they put us on notice, don't let these projects drag out, you know, so -- keep things moving. COMMISSIONER HILLER: But what is it -- how is it their business how we do business? And how can they include that in this agreement? And then it also says, to further pursue funding for that particular project with the same level of priority and diligence as is exercised with respect to other projects in the five year program. Is 60044C part of the five year program? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: Okay. So how do you go for funding for this with the same level of priority as with other projects? I mean, priority means -- - MR. CASALANGUIDA: Grants. COMMISSIONER HILLER: -- that one comes first. MR. CASALANGUIDA: Grants, ma'am. They're referencing grants. COMMISSIONER HILLER: And what's the priority? MR. CASALANGUIDA: In other words, we apply for any and all grants that are available. There's that Indian Roads Reservation grant that we could apply for in that area, economic development grants. If a project gets approved out there, we can go through -- they Page 291 12A November 8, 2011 are within the RASIC (phonetic) in Immokalee. So anything that they qualify for, they just say, "and apply for it," you know, and we're comfortable doing that because we're reaching -- we're applying for anything that we can qualify for. COMMISSIONER HILLER: Well, like I said, I can't accept this as presented as an alternative to, you know, properly modifying the contract. I mean, there's a way of doing business and it's governed by the law, and I think that's what we're bound by. And this loosey goosey, you know, here's a letter, Nick, you know, acknowledge that you received it, I mean, just -- MR. CASALANGUIDA: Well, I did tell them to put it on the Board of County Commissioners, an exhibit to this executive summary, so the board would have to review the requirements. Again, it's a reduction. COMMISSIONER HILLER: For -- Commissioner Coyle didn't even know it was in there. CHAIRMAN COYLE: I didn't? COMMISSIONER FIALA: But you know what? This is where government is getting in the way. You know, we're talking about thinking about our people, about our community, and we're talking about less government. And, I mean, we've stated that many times, less government. And to have to -- have to adhere to something letter by letter by letter instead of working for the betterment of the community and preparing these agreements so that we can help that community, instead of hinder them, I think it's important. I say less government. COMMISSIONER HILLER: Well, it has nothing to do with more or less government. It's about the law. CHAIRMAN COYLE: It's about your interpretation of the law which, as we all know, is sometimes very bizarre. COMMISSIONER HENNING: Well, I don't know if that was necessary, but it's the same opinion as our county attorney. Page 292 12A November 8, 2011 CHAIRMAN COYLE: It's not the same opinion as our county attorney. COMMISSIONER HENNING: That he said that we should amend the agreement. CHAIRMAN COYLE: He said his preferred -- MR. KLATZKOW: The preferred way to do it -- CHAIRMAN COYLE: --process. MR. KLATZKOW: -- would be to amend the agreement. They don't want to do that. CHAIRMAN COYLE: Okay. And I fully understand why they don't want to do that, and you should, too. COMMISSIONER HILLER: Why is that? CHAIRMAN COYLE: Because once they open up that agreement, there are all sorts of things people can come in and demand that would be detrimental to them. And if they don't have to open it up, they're not going to open it up. COMMISSIONER HILLER: Who's going to ask -- CHAIRMAN COYLE: And no lawyer would recommend that they do so. COMMISSIONER HILLER: You know, modifying one provision doesn't affect the rest -- CHAIRMAN COYLE: When you open it up, you're not saying you're modifying one provision. COMMISSIONER HILLER: Sure, you are. CHAIRMAN COYLE: You're opening it up, and lots of things can be done. COMMISSIONER HILLER: Jeff, can you help out? CHAIRMAN COYLE: So it's -- you know, the point is that the county attorney has reviewed this. He believes it is an appropriate procedure under the circumstances. And we can belabor that all night long if you wish. It's not going to change anything. So let's go to your next question and see if we can't get it answered for you. Page 293 12A November 8, 2011 COMMISSIONER HILLER: Jeff, can you respond to what Commissioner Coyle just said? MR. KLATZKOW: Okay. Let me put it a slightly different way. We're not -- we are gaining by this. r'u A Tu A/f CendmATZKOW: Okay. If the Colliers stick by this, haw ent gain by this. If for some reason Colliers decide to s , er's not binding because the contract requires an n the same form that it was originally signed in, then ame position -- CHAIRMAN CO . s we were a ore. MR. KLATZKOW: -- as we are now. So from a cost benefit analysis, we have everything to gain by going forward with this, and we've got nothing to lose. Would I prefer a formal amendment to the DCA? Yes. Do I know why they're not doing this? No. COMMISSIONER HILLER: Here's why. I'll tell you why. Because if it's not a formal modification to the contract, at any point in time they can change what they have committed to, and we go back to where we are now. So to secure our plan to be able to take these funds and build these other projects, as we have outlined in the CIA (sic), what we want to do for the benefit of the taxpayers is secure that that is, in fact, going to happen, because that is what those citizens need. MR. KLATZKOW: Well -- but to be fair, we'll be getting into cons c ion agreements as a result of this. We've been relying on this letter to our detriments t the can just yank that letteT Commissioner Hiller, I agree with you, my strong preferen w uld be to amend the DCA. I don't know why they don't want to COMMISSIONER HIL cou you address what Commissioner Coyle said, that amending it for this -- Page 294 �Y 12A November 8, 2011 MR. KLATZKOW: He might be right. I mean -- COMMISSIONER HILLER: It doesn't open -- it doesn't open anything else. It merely addresses this one issue. It's a singular modification related to this. It gives everybody certainty. It provides that this is all being done legally, and it provides certainty for our projects. If we go back and we say, oh, we entered into these contracts because we detrimentally relied on this letter, they'll laugh and they'll say, well, guess what? That was a nonbinding, you know, agreement. It's not a modification to the contract. We can renege it at any time. MR. KLATZKOW: Ma'am, they may feel targeted. I mean, I don't know what else to say. I mean, they've taken a lot of negative remarks from this board over the past year or so. And, you know, I don't know how comfortable they are coming in here. COMMISSIONER HILLER: Well, we're exposing the taxpayers. CHAIRMAN COYLE: We're not exposing the taxpayers. COMMISSIONER HILLER: We are, because if we get into these contracts and then we can't pull these impact fees, and we're going to have to pull it out of General Fund to pay, which means we're going to take the money away from, you know, other services that those taxpayers anticipated they would get for those dollars contributed. MR. CASALANGUIDA: These are simply road impact fees. And right now the way -- COMMISSIONER HILLER: Right. And if you don't get those impact fees -- COMMISSIONER FIALA: Let's hear what he has to say. COMMISSIONER HILLER: -- and they all go to Oil Well Road rather than to these projects, then these projects, once committed to, would be drawn from. CHAIRMAN COYLE: Does anybody -- is there -- yeah, okay. Page 295 I ZA �, November 8, 2011 We're going to go to some other commissioners. Who was next? COMMISSIONER HILLER: Well, I'm not done. CHAIRMAN COYLE: I know you're not done, Commissioner Hiller, and you won't be done until four o'clock tomorrow morning -- COMMISSIONER HILLER: You're right. CHAIRMAN COYLE: -- because you keep belaboring the same issue. COMMISSIONER HILLER: Well, these are big issues. CHAIRMAN COYLE: So we'll try to answer your questions, and then we're going to vote. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: Okay. Commissioner Coletta, were you next? COMMISSIONER COLETTA: I think it was Commissioner Henning. CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: As far as the 20 percent seasonal population, could you provide us in the future -- Mike, I don't know if it's readily available. I'm not sure if that 20 percent has actually changed at all over the years, but I would like to see that to verify that. Commissioner Hiller may have a valid point, but if it hasn't changed, then we haven't built anything for that seasonal population of 20 percent. Thinking that that 20 percent is the coastal seasonal residents, and all the growth is in the, you know, urban to rural, nothing has changed. Do you see what I mean? MR. BOSI: And I think what your statements are, that there would be merits for us to look at the seasonal population rate and see if that 20 percent is still a valid number to represent the influx that we do receive. COMMISSIONER HENNING: Well, the influx of that 20 percent may -- that number may have not changed for a decade. That Page 296 12A 1W November 8, 2011 -- those seasonal residents that live up and down the coast, Marco Island, Gulf Shore Boulevard, Port Royal, City of Naples, that's -- it may not have changed over the years. MR. BOSI: And what I can do is look and find and identify the data analysis that was provided to this board when you got -- when the commission made that change in 2007 to see what the justification of why that 20 percent was arrived upon and provide that, and if that leads to further questions, then I will -- you know, we'll explore wherever the board would direct us. COMMISSIONER HENNING: Yeah, yeah. But if it was ramping up and we're providing -- we're not providing if it for roads because it's peak p.m. -- MR. BOSI: Yeah, it's real time. It's real time based. COMMISSIONER HENNING: Water and sewer. The only other ones is, you know, public services. Well, safety, too, with the jail, and police force. MR. BOSI: And we've adjusted jail level of service based upon the actual incarceration rate and the cell availability. We've lowered our levels of service standard for our jail rates, and based upon the sheriffs ability to better manage our occupancy rate related to the 287G program and the deportation, but we have made those adjustments. But I can provide that -- that information, and if the commission would like to see us move forward with it, you know, we'll be at your direction. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay, good. COMMISSIONER FIALA: I think it was Coletta. CHAIRMAN COYLE: Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Thank you. Yeah, going back to the 20 percent. That's -- we're taking the seasonal -- not the seasonal population, but the permanent population Page 297 12A g November 8, 2011 and we're increasing it by 20 percent across the board. COMMISSIONER HENNING: Oh, is that what it is? MR. BOSI: Yes. COMMISSIONER HENNING: Oh. MR. BOSI: Yes. COMMISSIONER HENNING: Okay. Well, you've got the floor. COMMISSIONER COLETTA: That's as I understand. COMMISSIONER HENNING: Okay. Then I misunderstood. I thought it was 20 percent of the seasonal. COMMISSIONER COLETTA: Okay. So the -- that -- I mean, if you took the actual population need -- like Commissioner Henning said before, you have to deal with the seasonal population when it comes to water and sewer. You can't run out of the water; you can't run out of the capacity for sewer. You also have to deal with other issues. But when you come to, like, parks and rec, you've got a little bit of room to be able to play there with, and that's where the 20 percent comes in over and above the full time population. I think we're there. I mean, so far we haven't had any complaints about inadequate space in the parks or the libraries have been crowded. The only question -- the only thing I ever hear is the hours of operation, never the fact there's too many people using it. So I think we're pretty close on to where we need to be on that. But one of the others that I really wanted to talk about was, it's a little bit upsetting. Nick, can I have you come up again regarding -- this is, once again a a Collier's ping forward and making the adjustments to the c ct by etter. I mean, if we can't take the word of Barron Collier out there, ith -- to memorialize an agreement, a difference to the agreement i letter sent by the CEO of the company, Blake Gable, I d ow Page 298 12A November 8, 2011 where we can go in this county. I mean, you know, God forbid the we're making such an issue out of the fact that they didn't bring the whole thing back up for reconsideration. One of the suggestions I'd like to make to my fellow commissioners as we're going through this process, if you've got a point that's a little bit out there and you can't seem to get the answers to it, make a motion for some sort of action to take place so we can go up or down on the motion and move forward. You know, I'm willing to spend as much time as necessary with this, but I'd like my time to be as productive as possible. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I just wanted to address parks for a minute, and that -- and as I was looking through the park listings here, the park inventory -- and it says parkland inventory. And I wanted to note, at one point in time Commissioner Henning had wanted to know what -- how many community centers we had in District 1. He'd asked that question at the end of one of our meetings, and so I asked Marla Ramsey to send me a note telling me how many community centers we had in District 1. And then I scaled it down to just East Naples, because Marco has a different set of things altogether over there. And, of course, there isn't one in East Naples District 1. But she mentioned on this, on her list of things, regional parks, and she said there were seven regional parks in East Naples. And I was really surprised, so I asked her what they were, because I didn't know of any. I mean, Sugden Park is there but, of course, that's in Coyle's district, and I didn't know of any regional parks in East Naples. So she sent back -- of course, she sent back Marco Island ones, but one of the things she mentioned on here, Goodland Boat Park, Collier Boulevard Boat Park, Rich King Memorial Greenway, Caxambas Boat Park, or I though, maybe we ought to categorize some Page 299 12A November 8, 2011 of these things so that we have a better grasp on what kind of parks we're actually talking about. Because we've been trying to build up our boat park repertoire, if you -- you know, our boat parks for our boaters, but we don't have a listing of boat parks. Same with greenways. We're to build more and more. Somehow I can't consider Rich King Memorial Greenway a regional park. I mean, you can't go swing on a swing or, you know, anything like that. It's a -- you know, it's a nonmotorized pathway, is what it is. So maybe we ought to put them in categories that actually mean something. So if they say a regional park, you think of North Naples Regional -- or North Collier Regional Park or, you know, even Sugden Regional Park. And so -- that's just something to consider. I don't ask you to change it now, but I think that they send a different message than what they really are. Thank you. CHAIRMAN COYLE: I think she's right. COMMISSIONER FIALA: I'd love to know our stock of boat parks. MR. BOSI: Well, and we're -- and, Barry, you elaborate upon -- Barry could elaborate upon this. The reason why the boat parks are considered regional, it's because of the draw. It's because of the regional -- the regional classification is known for its -- someone will travel more than 5 or 10 miles to that facility. COMMISSIONER FIALA: Yeah. But, Mike, that isn't my point. MR. BOSI: No, and I understand. I think that -- COMMISSIONER FIALA: I think we ought to have a classification as boat park. I think people ought to know where our boat parks are, all of them and as we add we'd have more under that classification. MR. WILLIAMS: Commissioner, we can -- and what we can do in future AUIRs is we can categorize it. We could distinct -- make a Page 300 12A jo November 8, 2011 distinction between a regional park, as you're describing with Sugden or North Collier versus these other boat amenities, like the boat parks. We can segregate them and show them as what they are. COMMISSIONER FIALA: And even greenways. I mean, if I were a tourist or even a winter resident and I picked up a list of the parks, I'd want to be able to flip to boat parks or -- MR. WILLIAMS: Yes. COMMISSIONER FIALA: -- or to biking pathways or something. MR. WILLIAMS: And I would say on our website we do have them categorized that way. So when the public's looking for them -- and what we can do with the AUIR is just similarly put them in those type of categories. We do have the distinction of regional park as far as the definition, but there's a way to categorize them so that it's not deceptive to anyone. COMMISSIONER FIALA: Thank you, okay. CHAIRMAN COYLE: Thanks. Now, did you have anything more to present, Nick? MR. CASALANGUIDA: No, sir. CHAIRMAN COYLE: Mike? MR. BOSI: Okay. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, going to the issue of parks, you know, currently we have a very substantial inventory surplus. We have about approximately 150 acres valued about 30 million in surplus. Where -- and, by the way, the General Fund, we've got about 10 million in impact fees going towards the regional. Where -- the facilities, do you have those included in government buildings? Where are the facilities, like, for Eagle Lake and projects like that? Because -- yeah, they're not included in your -- in your community parkland or regional parkland categories. Page 301 i za November 8, 2011 MR. WILLIAMS: Commissioner Hiller, just to -- one point is that with the parks' AUK we focused strictly on land. COMMISSIONER HILLER: On land. Right, so where -- MR. WILLIAMS: But we do have within the appendix section a categorization of the various facilities that we have in our inventory. COMMISSIONER HILLER: So where are the -- so where is the -- where is the CIE for park facilities? MR. BOSI: They are no longer -- they are not a part of concurrency, Capital Improvement Element for the parks. We have regional and community. The board, in 2009, directed us that they didn't see the value of the facilities measure based upon the metrics that were presented, and it was directed -- COMMISSIONER HILLER: So they eliminated that? MR. BOSI: To eliminate that, we include it as part of the appendix -- COMMISSIONER HILLER: As part of the appendix. MR. BOSI: -- and that we try to classify where our new facilities are going to be located at. COMMISSIONER HILLER: Okay. And go ahead and explain the $10 million for Pepper Ranch, or 9 million -- yeah, $10 million for Pepper Ranch. MR. WILLIAMS: Just to get us on the same page, I think you're referencing -- COMMISSIONER HILLER: The 50 acres. What's going on with that? MR. WILLIAMS: Page 103, is that a good place for us to -- COMMISSIONER HILLER: Let me see my numbers. Actually, I'm on Page 95. MR. WILLIAMS: Ninety -five? COMMISSIONER HILLER: Like 96 and 95. MR. WILLIAMS: Just part of the discussions that we've had with Conservation Collier -- and this has been in the AUIR for the last Page 302 12A November 8, 2011 couple of years. But Conservation Collier and the work that they do in the land in preserves, there has been talk of Pepper Ranch and developing a recreational component to that where Parks and Recreation would manage either a trailhead or the system of trails to allow public access. That's not something that we have formalized nor have -- COMMISSIONER HILLER: How would that affect our mitigation banking? MR. WILLIAMS: That I couldn't answer. MR. CASALANGUIDA: Passive. COMMISSIONER HILLER: It would be passive? So it wouldn't -- MR. WILLIAMS: It wouldn't -- Nick is telling me that it wouldn't, but let's see if he wants to -- MR. CASALANGUIDA: As long as it's passive recreation for a lot of your mitigation, it doesn't affect that. COMMISSIONER HILLER: Okay. So it wouldn't in any way adversely affect those numbers. The ATV park, the $3 million in the ATV park, I saw you had that footnoted. What year do you anticipate to see that project coming forward in? MR. WILLIAMS: Well, there is currently public discussion right now. There's been one public meeting. We are soliciting input from the public about potential spots. We don't have a defined timeline for, you know, the ATV park opening. I know that Nick has been working on some of this, and I'll let him address that, if I could. MR. CASALANGUIDA: The simple answer is, no, we don't have a date, ma'am. We don't know if there'll be an ATV park yet. We're going through that whole discovery phase, so -- COMMISSIONER HILLER: Well, we have $3 million that we got by way of a settlement. MR. CASALANGUIDA: Yes, ma'am. Page 303 12A November 8, 2011 COMMISSIONER HILLER: You know, how can you say that you don't know if there will be one? MR. CASALANGUIDA: Because the requirements to put in an ATV park are a certain amount of acreage. We're going to have to go with the discovery and analysis phase to see if we can meet that. COMMISSIONER HILLER: So where do you have it in your analysis other than as a footnote? Do you have it projected anywhere? MR. CASALANGUIDA: No, he wouldn't or we won't, because right now the board's directed us to go out and see what we can do to come up with an ATV park, so -- COMMISSIONER HILLER: Are you going to amend the CIE -- MR. CASALANGUIDA: You'd have to. COMMISSIONER HILLER: -- to -- so we have to make a note that this is going subject to amendment to add the ATV park? MR. CASALANGUIDA: You do it every year, ma'am. You amend this based on any conditions that change, so -- COMMISSIONER HILLER: So we're -- over the course of this year we'll analyze it, and next year we'll incorporate it. But as of right now, it's not incorporated or it is incorporated? MR. CASALANGUIDA: That's not a capital program because you haven't identified it as such. It's just funding right now. COMMISSIONER HILLER: Okay. So we just have a footnote that there's funding there, but we haven't identified that as a project in our CIE? MR. CASALANGUIDA: Exactly. COMMISSIONER HILLER: Okay. The next area that I'd like to talk about is the Category B facilities. And I think the point that you made, that all of the Category B facilities with the exception of the dependent fire districts required loans from the General Fund to meet the necessary revenue. And, you know, I thought that was a very important point. I was very concerned when I looked at law enforcement, and- Page 304 i 2a November 8, 2011 where I said that, you know, in most areas we have very substantial surpluses. When it comes to the level of service with respect to officers required, our available inventory shows a deficit. And public safety is our number one function. So I have a real concern with that. MR. BOSI: We -- this is the first year that we've modified the level of service standard for officers per thousand. What we had in the past was 1.96 officers per thousand as our level of service standard. What we were finding, though, was that it was only a number for the AUIR accounting purposes. The sheriff had a much different staffing level. We worked with the impact fee and the Sheriffs Office to bring the AUIR to almost a base year with law enforcement. That's why you're seeing -- you would see right now that as it goes out to year'9 that you're going to have a deficit. It's because we're starting at our base year this year based upon the changes that were directed by this board from last year's AUIR. COMMISSIONER HILLER: And what were the changes that this board directed last year? MR. BOSI: Make the level of service standard a more relevant standard. So what we did -- COMMISSIONER HILLER: What does relevant mean? MR. BOSI: Relevant means that this is a Capital Improvement Program. If we just say that we're going to -- we're constructing -- we've got X dollars of construction associated with 1.96 officers, that really wasn't telling you anything in terms of square footage that was being provided. So within this AUIR we developed it, we developed the actual staffing based against the square footage to be able to get a square footage cost per officer, and then as we move forward with population, those -- that population can be translated to -- like I provided within the library, as an example, that square -- that square footage could be appropriately allocated to the population growth, because the way that it was before, that 1.96 officers just wasn't a real Page 305 12A November 8, 2011 deficit, you've got a deficit. What are you doing to make up the deficit? You know, I know that the sheriff has agreed to 1.84 officers per 1,000 people, and he has agreed that that will provide the substantial -- the necessary staffing for him to do his job. MR. BOSI: Yes. CHAIRMAN COYLE: Now, whatever we did to translate that into a deficit of square footage is clearly wrong. MR. BOSI: Well, and it was in the -- and I wish Amy Patterson could be here to help me because she had indicated during the impact fee study that the Board of County Commissioners endorsed -- what we did, we took their current staffing level and the square footage, and we're at zero. This year we're at zero. So all the new population that would be added within this five year window would show that we need improvements, that we need additional square footage. COMMISSIONER HENNING: That explains it better. CHAIRMAN COYLE: Perhaps. I'm still not convinced of it -- COMMISSIONER HILLER: Say that again. CHAIRMAN COYLE: -- but it gets closer to explaining it. MR. CASALANGUIDA: Commissioners, real quick. I think Amy's coming back to you as part of the annual indexing in December for some of these, so maybe we could have her explain what we've done in terms of level of service with the Sheriffs Office. CHAIRMAN COYLE: Okay. But the point is that the sheriff has agreed -- MR. CASALANGUIDA: Yes. CHAIRMAN COYLE: -- that what he's got is adequate for him to do the job. MR. BOSI: Yes. CHAIRMAN COYLE: I mean, he agrees to that every year when a budget is established; otherwise, he would be screaming if we had cut him to these kinds of deficits on square footage. Page 308 AVE MARIA 1 2A DEVELOPNMENT, LLLP October 18, 2011 Mr. Nick Casalanguida, Deputy Administrator Collier County Government Growth Management Division 2800 Horseshoe Drive North Naples Florida 34105 Re: County 5 Year Work Program — Use of Impact Fees Reserved for Oil Well Road Under Developer Contribution Agreement Dear Nick: I am writing to confirm our recent discussions regarding the County's use of road impact fees that have been otherwise reserved for the expansion of Oil Well Road in accordance with the April 26, 2005, Developer Contribution Agreement ( "DCA ") between Ave Maria Development, LLLP ( "Ave Maria ") and the County. As you are aware, the DCA states "[a)II road impact fees from District 5 and adjoining Impact Fee Districts shall be prioritized for the Project," which Project provides for the "the urban four laning of Oil Well Road ... between Immokalee Road and Camp Keais Road." The relevant unfinished segment of the Oil Well Road expansion is itemized as "Project # 60044C" on the attached 5 Year Work Program, which is incorporated herein by reference. You have asked for Ave Maria to consent to the County's use of those "prioritized" road impact fees to complete the capital improvements described in the 5 Year Work Program — rather than Project # 60044C — through the end of the County's 2016 fiscal year. Ave Maria agrees to the County's request with the understanding (as we have discussed) that the County agrees to the following conditions: • Collier County will expeditiously complete the roadway safety improvements to Oil Well Road described in the October 6, 2011, letter agreement between Ave Maria and the County (copy attached and incorporated herein), which improvements are described as Project # 60016A on the 5 Year Work Program; • Any road impact fees paid within the Ave Maria Development of Regional Impact (the "DRI "), and within a one (1) mile radius of the DRI, shall continue to be reserved by the County exclusively for completion of Project # 60044C; 2600 Col den Cat Parkway Ka pie �, Florida 3.1105 Tel 23').262 21, 1) 0 Fax 23`x.403,6808 :1'ww.1 L,em11 ria.cum Mr. Nick Casalanguida October 18, 2011 Page Two 12A • The County shall utilize its best efforts to secure the "Grants /Reimbursements" funding itemized on the 5 Year Work Program, as well as such additional grant funding as may become available during the relevant period, and shall take such steps to ensure that each project or program described in the 5 Year Work Program is staged to satisfy the conditions or contingencies associated with such funding, including: 1. Securing such permits and approvals necessary to render each project or program "shovel ready" as funding becomes available; and 2. Accelerating the work schedule for projects or programs where acceleration is necessary to qualify for funding. The County shall further pursue funding for Project # 60044C with the same level of priority and diligence as is exercised with regard to the other projects and programs listed in the 5 Year Work Program; • Road impact fees paid within District 5 and adjoining Impact Fee Districts shall once again be reserved and prioritized for the Project # 60044C in accordance with the DCA beginning on the earlier to occur of: 1. Such time as the Impact Fees /COA Revenue exceeds the $41,555,000.00 budgeted on Line 53 of the 5 Year Work Program; or 2. October 1, 2016; and • All other terms of the DCA remain unmodified and in full force. We appreciate the opportunity to assist the County in improving the safety of its roadway network under the foregoing terms. Please acknowledge our agreement where indicated below and return a copy for our files. If we can be of further assistance, please let me know. Sincerely /, /Z Blake Gable Ave Maria Development, LLLP Acknowledged By: COLLIER COUNTY GOVERNMENT— GROWTH MANAGEMENT DIVISION Nick Casalanguida, Deputy Administrator Date 89424898 7 A B D E F G H I J K L 1 _ Attachment D 2 FY12 - FY 16 5 YEAR WORK PROGRAM/CIE (TIED TO FY12 ADOPTED BUDGET) 3 (Dollars shown in Thousands) 4 Project Project 5 8 Name 6 FY12 FY13 FY14 FYI FY16 7 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount 12 600440 Oil Well (Ave Maria - Oil Grade Road) 437 RA 437 16 60044C Oil Well (Everglades to Oil Well Grade) 1,500 R 1,500 18 60168 Vanderbilt Beach RdlCollier Blvd - Wilson 200 200 1,300 R 3,000 R 4,700 19 60040 Golden Gate BlvdlWilson E to Desoto 1,000 R 3,500 R 4,500 20 600408 Golden Gate Blvd/Wilson E to Desoto Intersection 1,800 R 5,000 D/C 6,800 21 61001 Tree Farm/Woodcrest 2,550 A 2,550 22 68056 Collier Blvd (GOB to Green) 6,450 R/A 1,000 R 22,000 RICA 29,450 23 680568 Collier Blvd (N GG Canal - Green) 2,500 R 2,500 28 60116 US411SR 951 Intersection /Resurfacing 7,210 DIR 18,810 R/Cll 26,020 29 Contingency 3,197 1,000 1,000 1,000 1,000 7,197 19.407 25.310 23.200 8.300 9,000 85,217 30 Srbforal 19,844 25,310 23,200 8,300 9,000 85.654 31 Total 32 Operations Improvements /Programs 33 60016 Intersection Safety /Capacity Improvements 1,400 2,400 2,250 2,150 2,000 10,200 34 60016A Oil Well Shoulder Safety Enhancements 1,000 1,000 35 66066 Bridge Repairs/Improvements 5,100 2,300 4,800 6,500 6,000 24,700 36 60163 Traffic Studies /Calming 50 50 50 50 200 37 60077 Enhanced Resurfacing (Transfer to 1011111) 3,100 2,500 2,500 3,000 2,500 13,600 38 60077 Safety Enhancement (Road Refurbish) 500 600 600 600 600 2,900 39 60183 Sign Retrorefiectivity Requirement 150 250 250 250 250 1,150 40 60172 Traffic Ops EnhancementslSignals 1,350 1,000 1,000 1,250 750 5,350 41 69081 Pathways /Sidewalks Bike Lanes /Repairs 365 460 100 100 100 1,125 42 61011 Transit Enhancements /Operations 1,523 2,000 2,000 2,000 2,100 9,623 43 Subtotal Operations ImprovementslPrograms 14,488 11,560 13,550 15,900 14.350 69,848 44 45 60003 Collector Roads /Minor Arterial Roads 3,995 LP 6,453 LP 1,955 1,955 1,960 16,318 46 60171 Advanced ROW 50 50 50 50 50 250 47 Transfers to other funds (312) 2,868 2,900 3,000 3,100 3,200 15,068 48 Impact Fee Refunds 2,280 500 500 500 Soo 4,280 49 Debt Service Payments 13,480 14,582 14,583 14,579 14,584 71,808 50 Total Funding Request All Funds 57,005 61.355 56.838 44,384 43,644 263,226 51 52 REVENUES 53 Impact Fees /COA Revenue 7,155 7,000 8,400 9,000 10,000 41,555 54 DCA Consortium US411951 60116 3,320 3,320 55 Gas Tax Revenue 18,300 18,500 18,600 18,700 18,700 92,800 56 Grants /Reimbursements 2,000 21,209 15,100 2,000 40,309 57 Carry Forward 13,401 13,401 58 Interest Fund 313 Gas Tax 350 500 500 500 500 2,350 59 Interest Impact Fees 419 500 500 500 500 2,419 60 - 61 General Fund Transfer 13,735 13,700 13,700 13,700 13,700 68,535 62 63 Revenue Reduction (Less 5% Required by Law) (1,463) (1,463) 64 Total 5 Year Revenues 57,217 61,409 56,800 44,400 43,400 263,226 65 Gross Surplus /Shortfall 212 54 (38) 16 (244) - 66 67 Cumulative Through FY16 Capital Funding - 266 228 244 68 69 Key, 70 S = Study 71 0 = Design Expenditures based on current cost estimates. Revenues based on current adopted Impact Fee Schedule, projected gas tax revenues, budgeted general fund transfer, and approved grants and developer contribution 72 M = Mitigation agreements. 73 C = Construction 74 R =ROW 75 A = Advanced Construction 76 L = Litigation 77 1 =Inspection 78 AM = Access Management 79 LP = SIB Loan Repayment to State Retn: 3621785 OR: 3802 PG: 2548 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of CO RIC �00 IMlEROPPICB 4TR FLOOR COLLIER CODNTY, FL 05/19/2005 at 09:53AN DWIGHT B. BROCK, CLERK COPIES 9.00 KIT 8106 INTERLOCAL AGREEMENT RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES THIS INTERLOCAL AGREEMENT ( "Agreemenf) is made and entered into this day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, hereinafter referred to as 'District," an independent special district created by and established by and in Chapter 2004 -461, Laws of Florida (2004), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Land Development Code as of the date hereof and Chapter 2004 -461, Laws of Florida (2004). RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ") was created and established on April 23, 2004, by Act passed b the Florida Legislature, Chapter 2004 -461, Laws of Florida (2004); and 0 WHEREAS, within the es of the District, Collier Partnership, LLLP has made available approximately 5 e Ave Maria U 've 'ty, Inc., for the institution and operation of a private uni ers' y Av aria ni ersity with a full slate of undergraduate, graduate, an pr f 1 cu tural, recreational, and other activities, benefits and pr gr s fo p v di re e h, and public services to southwest Florida, the State p ri t ti ; an 1-4 WHEREAS, as set in the February endations of the Southwest Florida Regional Planning Co evelopment of R act Assessment for the "Town of Ave Maria," DRI #07- 0304 -1 roposed DRI D ent Order, there is to be created the 4,995 acre Town of Ave Mari , lie of Oil Well Road and adjacent to Camp Keais, which proposed Town at ti+ ude 11,000 residential units which will house an estimated 24,200 residents, 690,000 gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, 6,000- student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to be built out, substantial road improvements are required, including four lane improvements to Oil Well Road between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laning of Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the County has entered into a Developer Agreement with Ave Maria Development, LLLP (the "Developer "), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in OR: 3802 PG; 254 .2a certain right -of -way and provide for storm water management adjacent to said right of way donation and other substantial consideration; and (2) to design and permit the four laning of a section of Oil Well Road from Immokalee Road to Camp Keais Road for impact fee credits; all of which will be of significant benefit to the County's Transportation network; and WHEREAS, in addition, the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of $60 million dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Developer and County would not be accelerating the widening of Oil Well Road, and Developer would not be providing the County with substantial free right -of -way and other valuable considerations, but for the fact that Developer is building a new University and University Town in eastern Collier County, which University will greatly enhance the economic and cultural life of the citizens of Collier County; and WHEREAS, the Town of Ave ail t implementation of the Rural Lands Stewardship Area (RLSA) pro gr w nts the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2 e RLSA program innovative and incentive based program for planning, protect on resources, an de lopment in the rural area of Collier County; and WHEREAS, the" SA t r ogr 9s i be efits for Collier County and the Immokalee area; and era WHEREAS, the Imm area and its econ ev l ent will greatly benefit from the proposed road improvemen it Well Road and C s Road; and WHEREAS, given that the es n of Ave Maria may exceed ten years, there is a substantial concern by er pro owners will take advantage of the improvements to Oil Well Road and that their developments will utilize all available road capacity to meet their concurrency needs prior to the completion of the buildout of the Town of Ave Maria; and WHEREAS, the parties agree that: (a) Collier County, by virtue of Section 1(f), Article VIII of the Florida Constitution, Chapter 125, Fla. Stat., and Section 163.01, Fla. Stat., is a public agency with the power to reserve to the District by interlocal agreement sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria; (b) The District, pursuant to Ch. 2004 -461, Laws of Florida, has the expressed authority and duty to determine whether the exercise of any of its general and special powers in carrying out its single limited and specialized purpose (provision of infrastructure to the Ave Maria Community) would interfere with reservations of sufficient road public facilities by the 2 OR: 3802 PG: 2550 County and has the duty to determine that any of the District's activities would not be inconsistent therewith; (c) Both the County and the District are public agencies which have certain rights, powers, privileges and authority, shared in common, which each exercises and may exercise separately; (d) Each has the powers enumerated above which it can exercise separately that, by interlocal agreement, the parties may exercise jointly; (e) Administration of this Agreement will be by the County Manager or his or her designee as approved by the Board of County Commissioners of Collier County and by the District Manager or his or her designee as approved by the Board of Supervisors of the District; (f) The County and the District can use their respective powers held in common by cooperating with each other on a basis of mutual advantage; (g) The essence of this I C which the District provides to th e en any final local development of the De Development Order with s p fic to the public facilities; and WHEREAS, after c of nsi a at n both the County and Distric,,A s ri (a) This Agreem ers the public lu constituents, taxpayers, local s and residents, County community as a whole; (b) The public will reap this Agreement. WITNESSETH: and informal division of duties by hen requested by the County that ithin the final approved DRI s b the County of sufficient road hearings on this matter by listrict and the County, their and future, and the Collier associated with and emanating from NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes and Chapter 2004 -461, Laws of Florida (2004). 3 OR: 3802 PG; 25' 2A 3. The parties have entered into this Agreement in good faith and covenant to cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the residents of Collier County. 4. The proposed plan of development for the Town of Ave Maria at buildout is attached as Exhibit "A." Upon the issuance of the final DRI Development Order, and any amendment thereafter, Exhibit "A" will be modified to conform. The proposed phases and anticipated timeline for build -out of the Town are attached as Exhibit `B." 5. The County understands and agrees that the phases and timelines set forth in Exhibit `B" are merely an estimate of absorption based on current conditions, and from a Development of Regional Impact perspective, the controlling time for buildout is the termination date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further, County understands and agrees that permitting issues, mobilization difficulties, and lack of momentum could delay substantial development during the early years, and that the timelines and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and economic cycles beyond control of District or Developer. 6. Until the termi Order on June 30, 2020, and 1 with the proposed DRI De, capacity on Collier County's Maria. It is understood that development order is issue issued, and transportation i Land Development Code, facilities will be reduced by a for a project within the Distr written assurance that such Development Order. co the University iR reservation of sly mount. Each tirm unty may request of Ave Maria DRI Development truicted in substantial conformity S a to the District sufficient he uildout of the Town of Ave It i phases. As each final local ubl facility adequacy will be &et forth in the Collier County the District of road public development order is sought strict provide the County with sought conforms to the Final 7. Following the seventh anniversary date of approval of the final DRI Development ounty shall conduct a review of performance under this Agreement to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and that the project is proceeding in a timely manner to buildout. If the Collier County Board of Commissioners finds, after consultation with the District, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, or that the construction of the Town of AYt_NJad&_L%_uot_j3roceeding in a substantially timely manner to m out, the Agreement may be modified or terminated by agreement of the parties. substantially timely manner, as used herein, s a maan­Wt de a opment is proceeding in a manner that buildout of the amount of development authorized by the DRI Development Order could rationally be expected on or before the termination date of the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved for public facilities will be released, and made available for other development in the area, with future development of the Town of Ave Maria on an equal footing with all other development as to compliance with the County's concurrency requirements. 4 I eA OR: 3802 PG: 2552 8. If the Collier County Board of Commissioners finds that good faith compliance with the terms of this Agreement has been demonstrated, and that the construction of the Town of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall continue to reserve the remaining unused capacity through buildout of the construction of the Town of Ave Maria, to be utilized in the same manner as described in paragraph 7 above. 9. This Agreement does not create or contain any vested rights for the District or the Developer. This Agreement is personal to the District, and may not be assigned, either in whole or in part. The District's sole obligation pursuant to this Agreement is to give County written assurance when requested that any final local development order sought is contemplated by the final approved DRI Development Order. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. co 11. The duration of t ' en s so long as the District, or its successor -in- function, is functio or in existence. e�riv' e, this Agreement shall only be amended or terminated by the arti on mutual wri en agreement. 12. This Agreem i County, Florida, within fo ei shall pay all costs of recor provided to District within 1 13. This Agreemer agreement under the Florida G s r Official Records of Collier 1) ys a er e t s i to this Agreement. District t co f ecorded document will be ld s o recor ation. i 1 not be cons a acterized as a development )v Development nt Act. 14. The parties specifically�`a` get `that the Collier County Subdivision Regulations, the Collier County Building Codes, the Collier County Land Development Code, all as amended, and their successors -in- function, are "governmental, planning, environmental and land development regulation," and will be so recognized in light of any future analysis of Chapter 2004 -461, Laws of Florida (2004). 15. The parties confirm, agree and acknowledge that the Town of Ave Maria's SRA Development Document and Collier County's Growth Management Plan, Land Development and Building Codes, all as amended, and their successors and function, will and shall control development within the District in accordance with the provisions of Chapter 2004 -461, Laws of Florida (2004). 16. District acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 5 OR: 3802 PG: 232 A 17. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties intend that the terms, and conditions and provisions of this Agreement and any addenda to it may only be amended or modified in writing, executed duly and validly by the parties in a timely and reasonable manner. Any waiver at any time by either party hereto of its rights with respect to any matter arising in connection with the Agreement shall not be considered a waiver of such rights or matters by either party at any subsequent time. This Agreement shall take effect on the date above written and shall continue in effect until the parties mutually determine that it is no longer needed or until termination pursuant to the terms hereof. 19. This Agreement and the co ents herein shall become effective when the DRI Development Order, SRA design ' �-� Ave Maria and ACOE permit for the Town of Ave Maria become final e. f Ave Maria DRI or SRA do not become final, or the ACOE p i r the Town of A a is not received and become effective before December 31,!200 ,eementanid al bli ations hereunder shall be null and void. / 20. Under Sectio 1 3. 1(6 (7 ,S e a ee that administration of this Agreement, including any i i pro d e T all be effected jointly by the County Manager or his desi an d the District M ger f signee with periodic reports to both boards. Written not and when app r e s given to the parties at the following addresses or such oth ' on or place as each �} 11 designate by similar notice. i As to the District: Peter I ger Special Dis ` C. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 As to the County: James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 (Remainder of Page Left Intentionally Blank) Z OR: 3802 PG: 2554 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest:. DWIGHT �F.-BAN ,'Clerk pfi , By; < • �t't�it 0•' � rt V Attest: )!Z� , Assistant District S etar T-'> . 1011, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, C By: W. C4erk FRED W. COYLE, Chairman ARDSHIP COMMUNITY 1 1 1 {DU 11 1 C I to STATE OF FLORIDA COUNTY OF LEON of Supervisors and legal sufficiency Acknowledged and executed before me this 10t day of May, 20 by Kenza van Assenderp. Notary Public 7 -, Sunda W. Parrett ,._ Commission #t DD361834 Expires October 29, 2008 OoWW Tay fik • ft a WA Mw M 0M0 FGA HS1 OR: 3802 PG: 2 *5 „ „ „ „ „ W� „ „ HSA „ „ „ wRA O ; O a >r m s m D 7 HSA ,,� 0 n ----- ---- -'-------- � DRI LAND USE SUMMARY ----------------- - -- O I! WELL --- ROAD --- -- ----- u ----- -------- --- -+�- " "- "- ""' - -- n IMRI UNIVERSITY lSCHOOLS 909 AC n ED RESIDENTIAL 2,921 AC u i Y MOQED USE 329 AC OFFSITE RLSA DESIGNATIONS 11 11 #�. COMMUNITY FACILITY 211 AC ® RLSA FLOW WAY STEWARDSHIP AREA it WEnAND PRESERVE RLSA WATER RETENTION AREA - PARK 02 AC 0/ AC HSA RLSA HABITAT STEWARDSHIP AREA ® LAKE PARKS O RLSA OPEN n 176 AC ® ROADWAYS 242 AC ii DRI BOUNDARY 4.995 AC � � 'r! GRAPHIC SCKE "= MAP H CID s Ii - MASTER DMUIPMENTPLAN ww ` ' * : J i 7 s TOWN OF AVE MARIA ;.�• — N : € a . :A PREPARED FOR: NEW TOWN DEVELOPMENT, LLLP 4 A -! atifti - > [ I 1,1 ✓ s —1 raven • V � ✓ I V 1 11 3 ►t d y �b �rp d� l=J y d \l I -o R� V4 s L S. ).-q Cl) V F- q y N 0 0 al a 11 r r� x� dd \l I -o R� V4 s L S. ).-q Cl) V F- q y N 0 0 al a 11 r f � �` � ID f , 44-) t uc 12A EXHIBIT C ^\ l THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ACTIVITY The Town of Ave Maria DRI was approved with two development phas . The first phase wi I conclude in 2011. The information below shows development activity t rough June 15, 2010. Land Use Type yp tructed This Unit of Measure onstructed to Period' EReporting a $ � Residential Units wellin Units Dwellin Units 376 Dwells Units „v Commercial 47,709 Scivare Feet Square Feet 17 , eetz y, Institutional/University 3 buildincis University Facility Building s 9 buildin s3 Amenities Y Recreation/Open Space 0 4 Amenities4 Notes: 1. The reporting period for this Monitoring Report is June 15, 2008 through June 15, 2010. 2. The previous Monitoring Report (July 29, 2006 - June 15, 2008) mistakenly reported 126,071 square feet of commercial land use constructed to date. This number should have been 127,791 square feet. The 1,720 square feet difference has been included in this reporting period. [127,791 square feet (revised square footage from previous report) + 47,709 square feet (this reporting period) = 175,500 square feet]. 3. Spring 2010 student enrollment at Ave Maria University was 658. 4. Amenities include South Sports Park, North Sports Park, Tennis /Aquatic Park and one Golf Course. kA, 12A TRANSPORTATION PROJECT§ WITNIN ROAD IMPADT FEE DISTRIOTS ®:„.....___._________. _RRCLIE0CTA:9,os.477=PROEGT-144.4E ---,-...,, i •.-. . --.-.--I eioci soOetote FYI Co*dGP14\4(y), .1 60006 Gatlin Gat 1.14WY Oter.as r.: owl a 1••••flaek..Rcl(C.R951-434, SI 60027 Golden Gale PMW P.0ga.4.9.11d-.1fasv) 1 60.0 Gotta Gat ea.cnii5o0 Blvd,Einalo el./ so344 Oi Atli Rd(kantkalet Fad,dot-Witt:1j sou. Rai em gmmolatlee Rd-biartaittd) soon tatiO!km(Rain'N.az,s14-'— ! W.91 *..0 Barna,*60.4.4A .1 Evot ciu'iiiitiiin pa unit...4 ao \\II , 06106 km1,13.:•-4,v•o*orq 60111- tat litlia Rd Qskaa..V74,,-.9,e.N.6, 60116 LtS41 6 CR951 _yoraatmeatl .34 Gaockit Flank fail4- Wall TM N'). .. ,-.46.B.4(1T.".°AfaC..' !,d) 601. tutetitgarrart**Wiiitit# \'S t 60177 Irnmoiratt175Loi rs' \1.. 62071 Livingston Fid(Taft12,1aroSEIA ii: N..., 62061 Santa e..N.,re skm 03,41, ,t.,•er,1,,,,,q 6.41 .Iden Gat Blvd(G19.A t. Btalk ! ... 6.51 Vandeitat B..Rd'Apore'Firk*S•0, IVA12 ,.....e.Ns11-.),,g i) ■,, i ,, 1.6a...,,c1(17,,C.ffinIA ettt R.9at'i 61,4 BMA rk.44.119.....Nc.O.Sq.9...FM59#.1aW, *(.4 *.iiieleliv*w_gug4 I , ■ a \ I :11 ill •i II ib —I I. i 1! • ' I i; I ' I 1 I ' .ea il BEEEll CPU. ...MOM . i I I cf■eso _... • .---..._ i. •2 j I I ' Jo o , i 34 , i 1 1 ....1.1. a . . I E.. ,.. 1 .-,.= • 1, At.O1,z -,, .„ 0 ooze.Ott Otalaw Reitt000tt t I tatat c' '- 1 il L_SALL29_ coat ote cant \ : .0...7\ i 1. pnize6teeps. \. -- ___ sot2tall. • ZZ'--- 11-:j..'tittati:!1' ......:'‘,.0‘.7 I ! / /zN _ . \..'" 1 i ! i . 5 i 0 i ■ ...., I 0 i --' .4ect nom NS, ....N. ! .,„ % -,.. 1 i .. '--..... i m: .2 5 1 N i .e 1 I .. —_ .. i l'i Ili .,..... t V,4i■,,./ g ...,- Lege"-0 fi9.ill(Tf!fgt fqq.l;*10..c.i.,.. L__. CI? _ M 4 =§ r. MT >1(_PrOgt..?wITS. Ci) A......,1*.e...i.:P,P 9.,mme_ts1",..if,A .,..ii.eptIloy,P,PITir Q 1,0 3 6 1 M111111111211IMM____ MilV§ , ____ — OR; 3802 PG; 2556 u E kj -vv--,2.,w LA't v't 0- *A- 'rn '�;v i 12A Table 21 -1 Development Parameters �---__ One Su Two Sub Tota Total Measurement (2006- (2012- Final Land Use Description Units ;9!U-- 2016) Total Residential Dwelling Units Ir 6,010 4,990 11,000 Assisted Living Facilities Beds 0 450 450 Retail, Entertainment, Service Square Feet 367,900 322,100 690,000 Professional Office (General /Medical/Financial, etc.) Square Feet 276,600 233,400 510,000 Civic/Community/Miscellaneous (1) Square Feet 115,500 33,000 148,500 Medical Facilities Square Feet 15,000 20,000 35,000 Hotel 110 290 aoo University .-` • � ' Studer ' 3,150 2,850 6,000 K -12 Schools (Private and Public) (2)-% Students 1,120 1,980 3.100 E C1. O O O O OA E 0 A A OH O tn pH A W O O -0- m pN OH O 0 . 0 0 0 0 0 00 H O Ol In N H H H V l 0 00 A 0 H Ol H W Ig n V W Ol V 00 w 0 0 o O< _$ a z ° m v a�� P @ z o •< v P 6'a a. iQ � a .°e c 3 g' n o 0J A � C W N vi N 0p H A N 00 W O W w W A OD H A H lD H 01 H N N Ol A O `w H H H W w x W O O m A 00 01 O N N W Ln In 00 N A Ln �-' 0 0 co N A K Ul tD A In 'P V 00 In 01 Oo N H In N N I Ol V H �0 A O N C0 V ��-` Ol V In A IO v A ��-' Ol �D 01 In N �D N O In 01 N w V H N H 0 A W Oo > In O1 N V A W V W Q1 O A H V 00 at 00 00 00 O w N M W m 01 w 01 w O O LO Ln 01 H F+ W O W N ID V A 01 O H V1 H O 01 O1 V H 00 V H A w W O VV {A U3 A V lD O W N V 00 lD O W W ON ID 00 N A W V V N 0 lD 0 O 010 W . IO N V A A VOi 0 Ln 0Oi OW0 OO1 N O O W N In 0 0 01 O 3 a 2 � T d V N A H `D V A 01 W N H N G 0) N A V V N W N Ln lNn n W H O In 001 A 0001 V Ol `D O 00 N H H O O N W- W 00 00 V �D A N iD in w t0 N to H O O 01 w V O ID N O w 00 01 H U1 O 00 co co 91 A 00 In p O W O A 01 O H N O O IO 00 O V A 01 00 O1 W �-' w 00 iD A 00 In V V 1-+ Un In O A O 0 O 1- IN 'D 00 w W O N O H W A 0 O W O N W A 3 v d m — m W Q 01 H N O A 0 V V .n O O A Ol N W 01 A w ID W ? V 00 W A N V V O — .n. T < 0 W 0 D7 V 01 A N A O 00 `O W V V O 01 U1 H A N F+ J W V N L!" F+ W O A lD Ol Ln A 01 01 N 00 W O In N Q7 p O 0 O lI V O W Ln N w W Op A W 00 O In O 00 V O V8 /+ O ID O 3 a � � T m 4 M 0 G In V Fa V ID lHn W N Ul .i 00 In N O O O 00 w op In O 0) 0 00 lD V O A p N W H Ol 01 01 W I V O 3 a D T m O1 N 01 H H `p H W G p N p 0 W V 00 F T N 0 l d0pp O O H UI O1 �D u P N In H w O m j J O A O4 A X 0 0- O A O O LU N O O 00 N OD 00 O O 3 a n � m N O 'a) N _ N to b hi O O Ln 1 A O O 0 3 n a C T 0� A N A O1 W A N O W V V Ln 0 00 0p(nop H lAl1 Ln LM �»' t � o 00 W N A l D N 0O0D N : I W 90 L a W D H Ln qO A A A1w N W p N O tAD ; 1,00 co A W A O1 A ID A V O O 3 a n � T m d to O N °m � Ln N A ? I 00 O ITEM #: -? " BCC DATE: ` 12A BY: c� � ; ►,�,��� „a �, . - 3611186 OR: 3802 PG: 1557 uc F11 299.00 1 k 91CORDED in the OFFICIAL RICORDS of COLLIII COONfl, FL COHIS 35.00 IRTIROFFICI 411 FLOOR 05/19/2005 at 09:53AX DWIGHT 1. BROCI, CL111 IM 8406 DEVELOPER CONTRIBUTION AGREEMENT AVE MARIA THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement ") is made and entered into this Z.(w4A, day of April, 2005, by and between AVE MARIA DEVELOPMENT, 1� LLLP, a limited liability Florida Limited Partnership, formerly known as New Town Development, LLLP ( "Developer ") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ( "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, the Ave Maria Stewardship Community District ( "District ') was created and established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625, effective June 17, 2004; and WHEREAS, within the available approximately 905 4 operation of a private uni)►`e: undergraduate, graduate, and(pr activities, benefits and prkra southwest Florida, the Statefof F f ! J V RC 11 0 `Marron Collier Company has made the Ave Maria NAY, Inc. for the institution and ems, as ��S�r Ave Man U versity with a full slate of a c ultural, recreational, and other rP 17�se , ch, and public services to a WHEREAS, as set` in the February 005 `�Re endations of the Southwest Florida Regional Planning C Development of opia act Assessment for the "Town of Ave Maria," DRI #07 -0304' Oere is to be create 95 -acre Town of Ave Maria, to be located just north of Oil We Lend adjacent Keais, which proposed Town at buildout will include 11,000 residettttalr (w ouse an estimated 24,200 residents, 690,000 gross square feet of retaiUservic1$ square feet of office, 400 hotel rooms a 6,000 - student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K -8 school and a K -12 private school, with a proposed buildout to be completed in two 5 -year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road (the "Project "); and WHEREAS, to accelerate these improvements and to facilitate the future four laning of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of Immokalee, Developer has agreed: (1) to donate certain right -of -way and other consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of 8 12A OR. 3802 PG. . 2558 WHEREAS, in addition to the donation of right -of -way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163 - 3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County, and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Immokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road contemplated hereby; r s °` ".__ -� ;I Cl IA WHEREAS, the Transpif'Administrator has Commissioners that the plan f r d set forth in this conformity with contemplat p nt d ditio, network and that it will be adv right -of -way described herein; an(d r 1 WHEREAS, after rea��n conside tra ion`by authorized the County Attornefj� repare this Agree a. The subject Pro 2 J Po is in conf, and additions to the bN t� ien—Al ;ended to the Board of County ent ( "Proposed Plan") is in to \the County's transportation tper�to donate and contribute the Z ;sioners, the Board has finding that: the contemplated improvements b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the County's existing Comprehensive Plan; d. Except for the right -of -way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five -year capital improvement program for the County's transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement: Page 2 of 8 OR: 3802 PG: 2559 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: I . Within 90 days from the effective date of this Agreement, Developer will convey the right -of -way legally described and graphically depicted in Composite Exhibit "A" ( "Donated Land ") to the County for the widening of the road segments. This conveyance shall be at no cost to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide corridor for said road segments and will allow reconfiguration of the intersection of the Camp Keais and Immokalee Roads. Developer shall convey the Donated Land to the County in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed, the form of which is attached hereto as Exhibit `B ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, enc a� so iencies revealed in any title work. Developer will promptly provide dRAttorney with an executed deed, suitable for recording. Upon rem; a County all re deed in the Public Records of the County. The Developer shall costs associate wi the recordation of the deeds. Once Camp Keais Road betwoen R an it We Ro has been improved and the intersection of Camp Keais I d in six lane configuration, r County agrees to abandon aiky a is ng t- f- a t w1exioting Camp Keais Road and Immokalee Road that will n t, ti said intersection. c. - eais Road in the vicinity of �• �� 2• The Donated compasses approrx '+ e,�y156 acres miles of road frontage) whose s � (approximately 13 P dt , ludes creatin g -�oot right -of -way along Oil Well Road, Camp Keais Road and Immok n f - tersection of Camp Keais Road into the Immokalee urban area. Developer estiittates imated current value of the road right -of -way donation at seven million, eight hundred thousand ($7,800,000) dollars. In ad�id t on to the Donated Land, for the purpose of providing sufficient stormwater drainage for the portion of the road segments adjoining the Donated Land, the Developer shall freely provide, at no cost to the County and without any impact fee credits, (1) at least 3 acres of suitable land per mile of road, or (2) will accept such stormwater into existing Developer -owned or controlled stormwater systems, or (3) a proportionate combination of the above at Developer's option. It is estimated that if the County had to mitigate stormwater for said road adjacent to the Donated Land, it would be required to acquire approximately 33 acres. Developer estimates the cost savings to the County of said stormwater mitigation to be approximately $1,500,000. The parties acknowledge that the conveyance of the Donated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 3. The Developer shall fully pay for the capital costs of traffic signals at any access point from the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted Page 3 of 8 12A OR: 3802 PG: 2561 2 by the Collier County Transportation Department. The signals will be owned, operated and maintained by Collier County. 4. The parties acknowledge that the land donation made pursuant to this Developer Contribution Agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 5. The Developer has agreed not to receive impact fee credits from its donation of the Donated Land, but is utilizing the donation, as well as the stormwater accommodation, the Fill and Design and Permitting as a pipelining effort to mitigate the impacts of the Town of Ave Maria on the transportation network impacted by the Town of Ave Maria, together with the other commitments herein. 6. Prior to providing the executed deed, Developer will provide attorneys' opinions identifying the record owners of the Donated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Donated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, e R T N7� 1 rance, and cite appropriate recording information and incorporate by kl ch referenced instruments. The attorneys' opinions will also sthe legal autho ' Paul Marinelli to execute this Agreement on behalf of the De*elorie�,..-- ..___ 7. Developer h4 a Co 4nty, without any impact fees credits, sufficient fill for the{ Pr e an r h' d sag four laning of Camp Keais Road with provision for sii r i Ro kalee Road, then north on Immokalee Road to the ex in four lane sectio in t e ` ` alee urban area, upon the following terms and conditio' s eveloper has ide ` acent to Oil would be an appropriate site fr 'ch to obtain the ne a 11 for the Project;Vthe Road it being described and depicted in Co s xhibtt C '�e 'Per will file a conditional use application for earth mining on th , sik f ��itional use application is Developer will provide fill on the site for aPp granted, `t of its cost. Cost shall include the costs of obtaining conditional use approval, permitting, mining, stockpiling and loading of the fill material. Fill for the improvements to Camp Keais Road will be provided from an expansion of the site identified in Composite Exhibit "C" or from another location fairly proximate to Camp Keais Road, subject to conditional use approval for either alternative. Developer estimates the cost savings to the County from this provision is approximately $11 million. This commitment shall expire if the Town of Ave Maria achieves buildout prior to the expansion of Camp Keais Road. 8. In order to accelerate the Project, Developer has agreed to pay for the cost of design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars, which amounts shall be eligible for transportation impact fees as set forth below. Any mitigation shall be part of the construction contract and not part of design and permitting. Developer will provide County with a set of Design Plans which must meet the County's standard requirements for design plans. County will be provided with 30/60/90/100% plans for review, and shall have the right to require public meetings for the 30/60/90% plans. All plans are subject to approval by Page 4of8 OR: 3802 PG: 256 2Q the County, which approval shall not be unreasonably withheld or delayed. Upon receipt of the final Design Plans, County will competitively bid out the Project. 9. Once the County has received final Design Plans and all necessary permits pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project as soon as practicable, but within six (6) months, assuming no bid protest and absent force majeur. The contract shall provide for the Project to be constructed in three phases as set forth below. The County commits that construction of the First and Second Phase will commence within a commercially reasonably time after award of the contract. (a) First Phase — Immokalee Road to Everglades Blvd, more or less (b) Second Phase — Camp Keais Road to Camp Keais Strand, more or less (c) Third Phase — completion of the Project The Developer commits that its road impact fees through 2007 will equal $6,500,000. After the payment of $6,500,000 of road ---- f I veloper may utilize impact fee credits for 50% of road impact fees due & are utilized. The County commits to construct the Third Phase u o� p rf ,} lent impact fees applicable Impact Fee Districts being available for said cons ctio0 d impact fees m istrict 5 and adjoining Impact Fee Districts shall be prioriti f¢r t ect fter necess ds to complete the existing Immokalee Road project. The C to omplete construction of the Project by 2010, subject to ifs ra d im ct fe s c r i g s j�bstantially intact, receipt of sufficient road impact fees, a' a s b ers t i llki'iee�sidered to be force majeur. 10. The parties are ful of obtaining fr rr�`'t- /&ate of Florida to assist with improvements to the Road Se , whether in the - ants or loans from the State -$r Infrastructure Bank. Developer a e sist CounXioping grant and loan applications and to use all reasonable efforts too �° rlgssist in paying for improvements to the Road Segments. 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 12. The credit for the Road Impact Fees identified in this Agreement shall run with the land identified in Exhibit "D" and shall be reduced by the entire amount of the Impact Fee for that Public Facility due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that Public Facility in effect at the time the Building Permit is applied for. The credit shall specify the specific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Page 5 of 8 OR: 3802 PG: 2561 2A 13. The amount of road impact fee credits to be granted under this Agreement is approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit "E ", in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth the amount of Road Impact Fee Credits granted pursuant to this Agreement, which will be adjusted based on final costs for design and permitting. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 15. The terms of this Agreement are intended, along with the payment of all applicable impact fees, to meet the requirements of Section 9J 2.045, Florida Administrative Code, including fulfilling the Developer's proportionate share obligation and providing full mitigation for the Town of Ave Maria impacts on the regional road network. Developer's commitments herein include " Pipelining" the construction of a critical link in the County's road network; and providing additional cost saving benefits to future road segments impacted by the Town of Ave Maria. CO 16. The i elinin o *� P p g an approved fob 'tigation which provides for the aggregation of a project's in re acts on a n er f roadways, resulting in an improvement on one (or mor of he ' ted o a Thi coi ept allows for the provision ��� P of roadway capacity, when i� mi ; lough pipelining, a roadway improvement is constructed, f bui i g t ap ci t ant on concunency. In order to facilitate the use of the pipe *P o i i case a es ' ajor roadway improvement to be constructed in advance 4f a Project's impac and in to ensure a consistent road impact fee revenue stream, t unty is entering i al Agreement with the Ave Maria Stewardship Commum ct ( "District") w e County will reserve to the District sufficient capacity on the 's road public; to complete the buildout of the Town of Ave Maria. 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 19. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier Page 6 of 8 OR: 3802 PG: 25d 2A County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 23. This Agreement and thµi T rein shall become effective when the DRI Development Order, SRA d Ave Maria and Army Corps of Engineers permit for the Tow . Maria become i 1 effective. If the Town of Ave Maria DRI or SRA do not bec�me e ACOE perm for the Town of Ave Maria is not received and become effective b�for em r 06, t 's Agreement and all obligations hereunder shall be null and/vol' lopier will retain the estimated 1 $6,000,000 in impact fee cre its ec iv i e c4 r e ign; Plans and Permitting which impact fee credits may be uti * IN WITNESS WHER the parties hereto qau /is Agreement to be executed by their appropriate offcials, as date first above; , Attest: TY COMMISSIONERS DWIGH��I .* ferk OUNTY, FLORIDA, By. - � By. W y �l'Clerk FRED W. COYLE, Chairm AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Barron Collier 5orporation ® Gen P By: Print Name: Paul Marinelli • Title: President Print Name: Page 7 of 8 OR: 3802 PG: 254 2A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1(�kday of SAY , 2005, by Paul Marinelli, as i� of Ave Maria Development, LLLP. He is [ Vfpersonally known to me, or [ ] has produced driver's license no. as identification. NOTARY PLBUC•STATE OF FLORIDA Trisha A. Akers (SEAL) Commission #DD39Zi98 *Expires, FEB. 10, V; ;'9 Bonded Tbru Adaatie Bonding Co., Inc. and legal sufficiency: Assistant County Attorney NOTARY PA& A. AIMRS Name: (Type or Print) My Commission Expires: FE$ t0, 2 to f ! ti Page 8 of 8 3 �y � � 1 OW OR: 3802 PG: 255 214 w;,:,. .. . , , , _ A,,,, . 1 ... __ . , .:„. . . . ._ _ . .*,) PU s!lomiluie --2 p ' 7 X`.y • - ......it7. ....---... _ ., , :jig X _ x IV = 1 INN W y I l• I : ` 4-•+:'„ _y;„*.;,-„:1,..•u. a :Y=T�-=' ... f. `�• l i 1,ijg•S pUrS.1a:\:.I .. *y;.- 4--- . r- -- ——__.L -- 4 - it = --!.,. ._ h~. ;� t. to 11 -s� '• 1. k....:, 411 y � •t-' : . 111 I'1 r_ - _ J 4 Ilif .• .3: i 1 _ v A _ I R UH' a < m A Z Ilix PRIX u y PH o �N .R C'C (( r OR: 3802 PG: 2566 ri N —rrrr O V cry (n Z cn Z Z 00000000 co 00000000 (3 co co wq NIw) r(0w I' NS 000 rcpw U rVr W CA r�r'' W rVr •I• W ww�'' ,V r1lI'riI:::EIrriI4E I::::,; rn IMMOKALEE ROAD N00004 I Hi + R ;1 i L 1OW Z 3, 65,Pp !. N G1 ^jam. ,T � ._ •�.. ��,rr�' N ` CA to VC-) �Cl)r tn 2 H- O sp 11'09"E 26)28.12 co n 1 O � n Cl) � O � Cn S00'04 1315. vo°iooa 00000000 c.ro 000 rn IMMOKALEE ROAD N00004 I Hi + R ;1 i L 1OW Z 3, 65,Pp !. N G1 ^jam. ,T � ._ •�.. ��,rr�' N ` CA to VC-) �Cl)r tn 2 H- O sp 11'09"E 26)28.12 co n 1 O � n Cl) � O � Cn S00'04 1315. OR: 3802 PG: 2567 1 2A - r n r A r r Z �zzz 3 00 co n (J; Ui tZ n N3 n tv (n � Z 0) C)W r I rri r r'1 J V V V O o o O O o O O O n O O o nl 00' RIGHT "W N00004'09 "W W V V � OF WA / r---n NO -1 lfl W _ an C) to 19 :'El S00.04'09 " 1' E �' �26' I ` 4' 1256.00' r v �, 14 coo n _ n~ N °n � o rn 0 0 rn if SCALE: 1" = 1000' 1 0 o. 8 L r •i L 0 O O O Z_1 O 0 a i x'10 • �Z A r���v 1) r o '�i� o x 4 Z N �j a r r r a 3802 PG; 2568 o � 0 0 cn to o� ' o n 22� n 2 =�0 00 N N n1 v1 ' A to 0;0 $ N V a A. '\ r���v 1) r o '�i� o x 4 Z N �j a r r r a 3802 PG; 2568 .Ia V ilia Al A O r Y M 9 AIWAT2 Cr C R I` c~ • PARCEL 3 80.34 ACRES ! (AVE MAR�iI UNIVERSITY LAN MOST, LLQ) AYM -10 1HOJd .08 OV08 SVWf dW o � 0 0 cn to rn ' o n n r N W .Ia V ilia Al A O r Y M 9 AIWAT2 Cr C R I` c~ • PARCEL 3 80.34 ACRES ! (AVE MAR�iI UNIVERSITY LAN MOST, LLQ) AYM -10 1HOJd .08 OV08 SVWf dW 0 � � v On � � r �• N n y�O V oo� O N T T -_ T T- 1 � VI On co to �• N n Jn �N O N T T -_ T T- 1 � T T T T VI d N v �0 es AA a OR-3807 BG: ? 569 1 2 A . T T• T T T T -_ T T- T T T T T T 7 T T T 1 f 11 I d N v �0 es AA a OR-3807 BG: ? 569 1 2 A 0 �On �r � O D �1 Q C N v µ N.3 N 1� . 1 11 I El Z 0 �On �r � O D �1 Q C N v µ N.3 N 1� . 1 11 I 0 �On �r � O D �1 Q C N v µ N.3 N OR; 3802 PG. 2510 1 2 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED THIS WARRANTY DEED made this day of 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains; 'ens, remises, releases, conveys and confirms unto the Grantee, all th N Collier County, Florida, to wit: it � �. See Attached Exh' if`"0 Fil which is incorpora d orein by reference. Subject to ea ements, reslr' s an reseryati�ns of record. This is O tt e' e f �rantor. TOGETHER with a Fffi tenements, her, ita eniI l d appurtenances thereto belonging or in anywise ap ing.� TO HAVE AND TO HOL `sa a in fe - forever. (11, $V'C', AND the Grantor hereby covenarits vvitfr said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) I)A kil "I \k By: [GRANTOR NAME] OR: 3802 PG: 2571 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WITNESSES: (Signature) _ By: �! C ()j � , \ [GRANTOR NAME] (Print Full Name) '7' (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WARRANTY DEED 12A _u m o LAJ C*4 40 , jpz,9z9l OR; 3902 PG: 2572 2 co -H LLJ--i (Z) c) c6 3-6Z -d 'S-9*-1 .00C t :37VOS Z N 06. o LAJ C*4 40 , jpz,9z9l OR; 3902 PG: 2572 2 co -H LLJ--i (Z) c) c6 3-6Z -d 'S-9*-1 Cj 0 J �.I a Z J O 0 0 J 4.1 �o oW ZZ S 3 W � "10.00S w O Fi m co Q: V_ co 0P',IO.00N _( 0 0 0 h M W) w O Q cr- 0 J W J 0 N N O O h 01 0o h (. a' DO w O U Z a3o v1 OR; 3802 PG; 2573 a s p Ji aaa a XA 4"IF n n N W � 1 i 2A b g a I S ^ ! h m N W a O� ffl R a : 2 V) 0 1 i 2A b g a I S a O� lit R Lam\ WNS097miller 0 New Direcam In Planning, Design 6 Engineering OR, 3802 PG. 25741 DESCRIPTION OF PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (28.00 ACRES ±) All that part of Section 18, Township 48 South, Range 29 East, Collier County, Florida being more particularly described as follows: Commencing at the southwest corner of Section 18, Township 48 South, Range 29 East, Collier County, Florida; Thence along the south line of said Section 18 North 88 056'28" East 589.02 feet; Thence leaving said south line North 01 003'32" West 150.00 feet to a point 100 feet north of and parallel with the north line of Oil Well Road (100 foot Right of Way) and the POINT OF BEGINNING; Thence North 00 °01'40" East 1,626.24 feet; Thence North 88 056'28" East 750.13 feet; Thence South 00 °01'40" West 1,626.24 feet to a point on a line 100 feet north of and parallel with the north Right of Way line of the aforementione Thence along said line South 88 °56'28 " -Me'1 I<� �# o�,� Containing 28.00 acres, more or I Subject to easements and restri9tion4 re Bearings are based on the sou lino e Florida being North 88 °56'28" Last, and Lan 1 -ka `- • � ��r r ,G9 T kger`,,P.S•M., L.S 1 Not vale uniess embossed with the REF. 2H92 W.O.: 03786 -010-002 Date: 3 -08-05 EM11V C-2 NT OF BEGINNING. 48 8�uth� Range 29 East, Collier County, l ' I �r 3 -08 -05 Date 011/ces stratey/celly located to serve our clients 800.649.4336 MapIOWCoiporate Office 32Li? Bailey Lane• Suite 2170 • Alaotes, RO ida 34105 . 23.9 64,9 4M - Fax 239 605716 142„ VW OW GLAND Wilson/ /lei com CAMO wreso+000z- - o WlhonMlNlr,rnc. — FL Lie.,, LC- C000170 Exhibit "19" SKETCH & DESCRIPTION FOR THE AVE MARIA DRI LANDS c CA OR: 3802 PG: 2575 12A Wilsoommier 0 New Directions In Pfamog, Design d &►pMnw*v OR: 3802 PG: 2576 12A - D.R.I. LANDS DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: THENCE NORTH 01 °04'07" WEST 150.00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF-WAY) SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88 °5TO6" WEST 354.33 FEET; THENCE LEAVING SAID LINE NORTH 01 °OT23" WEST 200.01 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD; THENCE ALONG SAID LINE SOUTH 88 °5TO5" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88 °55'37' WEST 1,128.15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89 °32'56" WEST 1286.63FEET; THENCE LEAVING SAID LINE NORTH 00 °27'04" WEST 1,089.55 FEET; THENCE SOUTH 89'32'56" WEST 242.19 FEET,--__..._ THENCE SOUTH 89 °24'19" WEST 39 co THENCE NORTH 00 °01'40' EAST THENCE NORTH 90 °00'00" EA S FEET; THENCE NORTH 00 °19'38" W f.9 .46 FEET; THENCE NORTH 09 °2T58' OST ti THENCE NORTH 14 °56'15" PPANS 32 THENCE NORTH 59 °02'49 /EA 24.49 F THENCE NORTH 68 °12'251 EA THENCE NORTH 73 °0954 EA 2.4 T , THENCE NORTH 69 "14'09 .1 ' THENCE NORTH 61 °11'58 THENCE NORTH 56 °44'10 80.38 FEET; jf THENCE NORTH 54 °18'17" 82.75 FEET; i r THENCE NORTH 51 03419" 2.31 FEET; THENCE NORTH 12 °32'03" EA _60. FEET; THENCE NORTH 16 °41'34" WE I EET; THENCE NORTH 38 °40'18" WEST 2'7 'N' ? =' THENCE NORTH 55 °5845" WEST 175. THENCE NORTH 78 °14'12" WEST 46.21 FE ; THENCE SOUTH 86 0411 T' WEST 358.77 FEET; THENCE NORTH 43 °16'35" WEST 44.00 FEET; THENCE NORTH 01 °2853" WEST 584.34 FEET; THENCE NORTH 88 °45'30" EAST 2,256.99 FEET; THENCE NORTH 11 °31'40' WEST 679.82 FEET; THENCE NORTH 29 °5T19" EAST 43.24 FEET; THENCE NORTH 80 °03'11" EAST 750.96 FEET; THENCE NORTH 82 °05'14" EAST 23.32 FEET; THENCE NORTH 08 °45'48" WEST 831.15 FEET; THENCE 82.76 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36 °53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23 °30'23" EAST 81.34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39 °4843" SUBTENDED BY A CHORD WHICH BEARS NORTH 22 °02'37" EAST 146.95 FEET; THENCE NORTH 02 °08'16" EAST 434.86 FEET; THENCE NORTH 38 °40'13" EAST 124.61 FEET; THENCE NORTH 23 °55'58" EAST 503.82 FEET; THENCE NORTH 89 °19'06" EAST 272.53 FEET; THENCE NORTH 81 °1942" EAST 718.98 FEET; O/ /Ices strategically located to serve our clients 800.649.4896 NaplezlVoMorste Wice 3200 Bailey Lane, Salle 2W • A*ft, Florida 34105 " 239.649.4040 • Fax 239.64? 5716 2RSY200i 127230 Vr. 03!- BSTOCKHAM C o wilsonmiller cam W /lton/uAgr.1ne. - FL UC.0 LC- 0000170 Wl"Isoolmillere New Directions In Planning, Design & Engmwgng OR: 3802 PG: 25 77 12a DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 09 °56'39" EAST 638.73 FEET; THENCE NORTH 73 °36'58" EAST 172.46 FEET; THENCE NORTH 10 °5322" EAST 171.73 FEET; THENCE 327.51 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68 °OT37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39 °53'35" WEST 308.50 FEET; THENCE NORTH 73 °5T24" WEST 492.85 FEET; THENCE 313.21 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54 °05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90 °00'00' WEST 301.71 FEET; THENCE SOUTH 62 °57"04" WEST 506.32 FEET; THENCE 155.39 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83 001'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27 009'30" WEST 142.15 FEET; THENCE SOUTH 14 °21'16" EAST 287.88 FEET; THENCE 341.14 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1 _ R9UG CENTRAL ANGLE OF 115 °44'01" AND BEING SUBTENDED BY A CH 29 °11'23" WEST 286.03 FEET; THENCE SOUTH 87°03'24" WES THENCE SOUTH 19 °06'00" W 6 FEET; THENCE SOUTH 73 °34'35" WAS 3.81 FEET; \ THENCE SOUTH 33 °42'00 "S 8 �+6 FEES; THENCE SOUTH 51 °52'05" E 1, E THENCE 219.21 FEET ALqlN G - IRC LAIR CURVE CONCAVE SOUTHEAST HAVING A DI 1 ANGLE OF 82 °54'07" AND BEING SUBTENDED BY AICH D WH H B S H '2 WEST 200.58 FEET; THENCE SOUTH 18 °36'35 THENCE 196.86 FEET AL E ARC OF A NON -T GEN IAL LAR CURVE CONCAVE NORTHEAST HAVING A OF 170.73 FEET THR H C ANGLE OF 66 °04'00" AND BEING SUBTENDED BY A C WHICH BEARS SO 3 EAST 186.14 FEET; THENCE SOUTH 81 °34'34" t .10 FEET; f, j THENCE SOUTH 14 °0228" EA 1 FEET; THENCE SOUTH 15 °5324" WES ' THENCE SOUTH 72 °18'08" WEST 13f THENCE NORTH 16 °22'40" WEST 868.64 THENCE NORTH 16 °02'21" WEST 1,001.63 FEET; THENCE NORTH 15 °43'23" WEST 808.63 FEET; THENCE NORTH 14 °29'42" WEST 215.30 FEET; THENCE NORTH 02 °51'21" WEST 51.77 FEET; THENCE NORTH 37 °59'19" EAST 51.77 FEET; THENCE NORTH 58 °24'39" EAST 660.90 FEET; THENCE NORTH 56 °56'25" EAST 865.77 FEET; THENCE NORTH 62 °2T21" EAST 303.89 FEET; THENCE NORTH 58 °11'43" EAST 148.88 FEET; THENCE NORTH 66 °2T20" EAST 99.67 FEET; THENCE NORTH 79 °5944" EAST 60.67 FEET; THENCE NORTH 18 °39'40" EAST 212.96 FEET; THENCE NORTH 13 °26'09" EAST 80.67 FEET; THENCE NORTH 04 °05'14" EAST 65.75 FEET; THENCE NORTH 00 °4728" EAST 593.12 FEET; THENCE NORTH 05 °2940" EAST 61.18 FEET; THENCE NORTH 20 °17"22" EAST 57.43 FEET; THENCE NORTH 51 °55'17" EAST 55.07 FEET; THENCE SOUTH 84 °48'27" EAST 51.76 FEET; THENCE SOUTH 67 °53'53" EAST 40.46 FEET; THENCE SOUTH 53 °37'33" EAST 55.29 FEET; 2FArM00. IM30 yr 03!- WTOCg1AM OR: 3802 PG: 2578 Wilsonmillee New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT A' - D.R.I. LANDS (CONTINUED): THENCE SOUTH 55 °37'37" EAST 158.19 FEET; THENCE SOUTH 66 °28'32" EAST 79.22 FEET; THENCE SOUTH 81'19148" EAST 69.92 FEET; THENCE NORTH 80 °53'08" EAST 96.10 FEET; THENCE NORTH 83 °09'35" EAST 88.49 FEET; THENCE SOUTH 75 °58'08" EAST 57.96 FEET, THENCE SOUTH 45 044'09" EAST 65.43 FEET; THENCE SOUTH 23 °12'23' EAST 107.03 FEET; THENCE SOUTH 31 °09'29" EAST 124.53 FEET; THENCE SOUTH 36 °28'03" EAST 195.13 FEET; THENCE SOUTH 41 °49'01" EAST 193.27 FEET; THENCE SOUTH 41 °2T57" EAST 187.53 FEET; THENCE SOUTH 50 °0628" EAST 177.12 FEET; THENCE NORTH 86 °06'03" EAST 103.33 FEET; THENCE NORTH 82 °07'11' EAST 76.87 FEET; THENCE NORTH 58 °49'02" EAST 61.16 FEET; THENCE NORTH 41 °11'10" EAST 266.09 THENCE NORTH 43 °45'15" EAST 20 . THENCE NORTH 63 °26'06" EAST , THENCE NORTH 55 °12'54" EA -1 , . FEET; THENCE NORTH 06'58'17" W S .07 FEET; THENCE NORTH 60 °20'46" THENCE NORTH 14 °42'46 ",EASY 42. THENCE NORTH 52 °22'08"/EA IF , THENCE NORTH 05 °13'18' EA .0 E , THENCE NORTH 07 °13'16 W T 85.1 THENCE NORTH 08 05650 THENCE NORTH 08 °3526 T 11 F THENCE NORTH 03 °30'28" 24.24 FEET; THENCE NORTH 09 °22'28" 2.62 FEET; THENCE NORTH 32 °03'11" 35 FEET; THENCE NORTH 41 °59'52" EA 5�+. EET; THENCE NORTH 46 °38'59" EAST . _ THENCE NORTH 40 °19'34" EAST 80. THENCE NORTH 39 °30'46" EAST 42.43 �' THENCE NORTH 52 °07'39" EAST 71.16 FEET; THENCE NORTH 60 °1 T11" EAST 55.95 FEET; THENCE NORTH 68 °43'34" EAST 63.02 FEET; THENCE NORTH 86 °12'19" EAST 41.51 FEET; THENCE SOUTH 75 °32'58" EAST 74.98 FEET; THENCE NORTH 78 °55'50" EAST 42.97 FEET; THENCE NORTH 69 °31'07" EAST 36.80 FEET; THENCE NORTH 75 °37'20" EAST 34.34 FEET; THENCE SOUTH 72 °08'39" EAST 57.43 FEET; THENCE SOUTH 56 °52'50" EAST 70.22 FEET; THENCE SOUTH 56 °52'18" EAST 99.31 FEET; THENCE SOUTH 70 °35'59" EAST 56.76 FEET; THENCE SOUTH 85 °12'15" EAST 70.23 FEET; THENCE NORTH 85 °47'37" EAST 52.90 FEET; THENCE NORTH 77 °1618" EAST 51.33 FEET; THENCE NORTH 64 °20'23" EAST 9.49 FEET; THENCE NORTH 23 658'25' EAST 60.47 FEET; THENCE NORTH 39 °27'42" EAST 136.06 FEET; THENCE NORTH 18 °12'03" EAST 123.70 FEET; THENCE NORTH 16 °26'30" WEST 137.54 FEET; THENCE NORTH 45 °55'34" WEST 133.51 FEET; V"2005- 127290 v°r CM_ OSTOCKMAm c°9 037960OD4M • 0 c. +J 12A OR: 3802 PG: 2579 Wi"Isonmillee New Directions In Planning, Design & Engineering 1 2A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT'A'- D.R.I. LANDS (CONTINUED): THENCE NORTH 84 °43'21" WEST 101.26 FEET; THENCE SOUTH 87 °06'53" WEST 375.05 FEET; THENCE SOUTH 86 °31'55" WEST 296.36 FEET; THENCE NORTH 02 °29'11" WEST 25.06 FEET; THENCE SOUTH 85 °19'00" WEST 63.79 FEET; THENCE SOUTH 87 °01'35" WEST 57.73 FEET, THENCE NORTH 85 °14'11" WEST 27.05 FEET; THENCE NORTH 86 °11'09" WEST 22.51 FEET; THENCE NORTH 71 °01'47" WEST 25.34 FEET; THENCE NORTH 74 °5744" WEST 25.97 FEET; THENCE NORTH 80 °42'24" WEST 41.73 FEET; THENCE NORTH 77 °00'19 "WEST 49.95 FEET; THENCE NORTH 78 °26'56" WEST 104.70 FEET; THENCE NORTH 78 °4616" WEST 195.82 FEET; THENCE NORTH 79 °21'51" WEST 81.14 FEET; THENCE NORTH 76 °30'15' WEST 38.50 FEET; THENCE NORTH 70 °33'36" WEST 13.50 THENCE NORTH 53 °58'21" WEST 1. THENCE NORTH 53'58'22" WES THENCE NORTH 43 °09'08" W FEET; THENCE NORTH 34 °52'31" W S .12 FEET; THENCE NORTH 37 °08'48" ES FEET;._, THENCE NORTH 45 °00'00" E 3 '. THENCE NORTH 43 °28'45 WE F THENCE NORTH 52 °29'45 W 0. THENCE NORTH 53 °28'16 W T 5.1 F THENCE NORTH 69'51'49 THENCE NORTH 72 °53'50 T .74 F THENCE NORTH 74 °38'02" 101.72 FEET; THENCE NORTH 76 °25'14" 9.73 FEET; THENCE NORTH 73 °50'34" .41 FEET; THENCE NORTH 77 °16'32" WE FEET; THENCE NORTH 70 044'15" WES THENCE NORTH 75 °44'50" WEST 2 THENCE SOUTH 76 °2229" WEST 54.20 THENCE NORTH 75 °46'41" WEST 12.81 FEET; THENCE NORTH 78 °0645' WEST 243.02 FEET; THENCE SOUTH 87 °32'28" WEST 438.43 FEET; THENCE SOUTH 86 °36'21" WEST 1,109.58 FEET; THENCE NORTH 77 °00'11" WEST 142.86 FEET; THENCE SOUTH 17 °30'03" WEST 10.94 FEET; THENCE SOUTH 21 °30'05" EAST 36.63 FEET; THENCE SOUTH 30 °5750" WEST 6.02 FEET; THENCE NORTH 73 °10'43" WEST 139.18 FEET; THENCE NORTH 11 °46'06' WEST 25.32 FEET; THENCE NORTH 05°42'38" WEST 20.76 FEET; THENCE NORTH 04 °23'55" WEST 13.47 FEET; THENCE NORTH 50 °11'40" WEST 8.07 FEET; THENCE NORTH 83 °59'28" WEST 19.73 FEET; THENCE NORTH 84 °5T27" WEST 35.25 FEET; THENCE NORTH 83 049'48" WEST 38.44 FEET; THENCE NORTH 80 °4423" WEST 96.27 FEET; THENCE NORTH 79 °48'04" WEST 449.12 FEET; THENCE NORTH 77 °49'57" WEST 284.20 FEET; THENCE NORTH 83 °39'35" WEST 93.52 FEET; THENCE NORTH 87 °3946" WEST 101.30 FEET; MOM 127270 v°r O3& asTOCKmm (i OR: 3802 PG: 2580 WilsoMillere 1 2A New DHredims in Planning, Design & Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 84 °25'40" WEST 85.09 FEET; THENCE NORTH 77 °28'16" WEST 95.22 FEET; THENCE NORTH 77 °23'45" WEST 170.38 FEET; THENCE NORTH 7505T50" WEST 76.65 FEET; THENCE NORTH 69 °26'38" WEST 35.30 FEET; THENCE NORTH 69 "48'31" WEST 41.82 FEET, THENCE NORTH 48 °48'50" WEST 43.91 FEET; THENCE NORTH 46 °14'43" WEST 134.40 FEET; THENCE NORTH 43 °58'24" WEST 611.34 FEET; THENCE NORTH 45 °00'00" WEST 338.85 FEET; THENCE NORTH 44 °41'45" WEST 412.62 FEET; THENCE NORTH 43 °26'06" WEST 267.38 FEET; THENCE NORTH 46 °27'29" WEST 200.89 FEET; THENCE NORTH 66 °02'14" EAST 12.72 FEET; THENCE NORTH 81 °52'12" EAST 18.83 FEET; THENCE NORTH 03°20'45" EAST 73.83 FEET; THENCE SOUTH 85 °25'42" WEST 6.48 F THENCE NORTH 90 °00'00" WEST 1 . F THENCE SOUTH 70 °2T48" WES THENCE SOUTH 56 °18'36" W FEET; THENCE SOUTH 75 °5T49" W,ES .03 FEET; THENCE SOUTH 87 °16'25" YVES 1 THENCE NORTH 59 °2958" E 1 T; THENCE NORTH 35 °32'16 WE F THENCE NORTH 26 °33'54 7. THENCE NORTH 16 °11'21 W T 6.6 F THENCE NORTH 01 °52'04 , THENCE NORTH 00 °05'16 T 6.69 F THENCE NORTH 00 °2938" 299.52 FEET; THENCE NORTH 00 °56'29" 0.01 FEET; THENCE NORTH 00 °52'19" -23K.57 FEET; THENCE NORTH 00 °46'52" WE FEET; THENCE NORTH 00 °00'00" EAST F THENCE NORTH 14 °02'10" EAST 8. THENCE NORTH 45 °00'00" EAST 5.84 F THENCE NORTH 71 °33'54" EAST 9.80 FEET; THENCE NORTH 82 024'19" EAST 15.63 FEET; THENCE SOUTH 89 °12'02" EAST 222.07 FEET; THENCE SOUTH 86 °36'31" EAST 69.83 FEET; THENCE SOUTH 82 °38'52" EAST 32.28 FEET; THENCE SOUTH 70 °49'16" EAST 25.15 FEET; THENCE SOUTH 60 °38'32" EAST 18.96 FEET; THENCE SOUTH 62 04441" EAST 38.34 FEET; THENCE SOUTH 73 °08'30" EAST 35.61 FEET; THENCE SOUTH 87 °42'34" EAST 25.84 FEET; THENCE NORTH 86 °18'31" EAST 32.08 FEET; THENCE NORTH 74 °58'54" EAST 43.84 FEET; THENCE NORTH 66 °16'18" EAST 51.33 FEET; THENCE NORTH 56 °01'25" EAST 57.29 FEET; THENCE NORTH 52 °3443" EAST 171.66 FEET; THENCE NORTH 43 °53'54" EAST 75.96 FEET; THENCE NORTH 36 °3T17" EAST 47.61 FEET; THENCE NORTH 35 °48'12" EAST 77.68 FEET; THENCE NORTH 30 °21'29" EAST 83.78 FEET; THENCE NORTH 22 °3T12" EAST 67.13 FEET; THENCE NORTH 13 °36'02" EAST 32.94 FEET; 205=05. 12rM Vw. 001• DSTOCKNAM OW] 07I160060011, - 0 4 F f i NZL, Wilsonmillere New Directions In Planning, Design & Engineering OR: 3802 PG: 251 ZA DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A" - D.R.I. LANDS (CONTINUED): THENCE NORTH 14 °28'13" EAST 66.13 FEET; THENCE NORTH 1005T15" EAST 65.22 FEET; THENCE NORTH 11 "18'36" EAST 21.06 FEET; THENCE NORTH 16 °41'58" EAST 10.78 FEET; THENCE NORTH 45 °00'00" EAST 10.22 FEET; THENCE NORTH 58 23'33" EAST 15.76 FEET; THENCE NORTH 64 °39'14" EAST 21.71 FEET; THENCE NORTH 67'4T47" EAST 163.98 FEET; THENCE NORTH 64 "59'39" EAST 161.25 FEET; THENCE NORTH 66 "22'14" EAST 18.04 FEET; THENCE NORTH 72 053'50" EAST 28.10 FEET; THENCE NORTH 90 °00'00" EAST 14.46 FEET; THENCE NORTH 88 °18'55" EAST 35.13 FEET; THENCE SOUTH 88 "36'10" EAST 42.36 FEET; THENCE NORTH 90 "00'00" EAST 28.92 FEET; THENCE SOUTH 82 °45'47" EAST 16.40 FEET; THENCE SOUTH 61 "55'39" EAST 17.73 F THENCE NORTH 69 "34'35" EAST 11 THENCE NORTH 81 °56'55" EAST THENCE NORTH 86 "43'15" EA FEET; THENCE NORTH 13 "46'19" W S 8.58 FEET; THENCE NORTH 70'48'07" T 6S�1FEET\._ THENCE NORTH 54'29'06" 37.1 THENCE NORTH 21 °53'45" E T F THENCE NORTH 70'4T14 EA 7 .5 E ; THENCE NORTH 71'02'31 EA .61 E T; THENCE NORTH 72'16'21 1 THENCE NORTH 72'04'43 1 .98 F THENCE NORTH 73'1318" 106.86 FEET; THENCE NORTH 71'11'17" 4.14 FEET; THENCE NORTH 68'33'08" 3 FEET; THENCE NORTH 71'33'54" EA 1 EET; THENCE NORTH 81'15'14" EAST THENCE SOUTH 83'05'20" EAST 17. THENCE SOUTH 47'43'35" EAST 15.29 F , z THENCE SOUTH 37'20'58" EAST 24.58 FEET; THENCE SOUTH 16'38'20" EAST 46.68 FEET; THENCE SOUTH 24'10'17" EAST 35.78 FEET; THENCE SOUTH 21'5245" EAST 70.36 FEET; THENCE SOUTH 34'33'45" EAST 28.09 FEET; THENCE SOUTH 47'26'12" EAST 34.20 FEET; THENCE SOUTH 52'25'53" EAST 8.43 FEET; THENCE SOUTH 71'33'54" EAST 9.75 FEET; THENCE SOUTH 85'01'49" EAST 11.87 FEET; THENCE SOUTH 87'08'15" EAST 20.59 FEET; THENCE SOUTH 88'25'50" EAST 37.54 FEET; THENCE NORTH 87'3348" EAST 48.37 FEET; THENCE SOUTH 89'35'00" EAST 141.38 FEET; THENCE NORTH 89'06'34" EAST 99.23 FEET; THENCE NORTH 84'31'51" EAST 48.55 FEET; THENCE NORTH 82'20'00" EAST 26.97 FEET; THENCE NORTH 79'46'40" EAST 31.87 FEET; THENCE NORTH 76'2T51" EAST 28.56 FEET; THENCE NORTH 70 °2345" EAST 39.84 FEET; THENCE NORTH 70'48'11" EAST 134.46 FEET; THENCE NORTH 70'3T19" EAST 79.02 FEET; 2asao05- 127230 VW 030- eSTOCKMAM wa a37e50004M - 0 co i OR; 3802 PG; 2582 WilsonMillee New Directions In Planning, Design 6 Engineering 2A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A' - D.R.I. LANDS (CONTINUED): THENCE NORTH 66 °3228" EAST 29.70 FEET; THENCE NORTH 57 °49'44" EAST 37.66 FEET; THENCE NORTH 53 °21'57" EAST 74.96 FEET; THENCE NORTH 54 02459" EAST 148.87 FEET; THENCE NORTH 50 °50'35" EAST 203.54 FEET; THENCE NORTH 48 043'53" EAST 33.52 FEET, THENCE NORTH 32 °2352" EAST 31.67 FEET, THENCE 334.86 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70 °24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06 °25'03" WEST 314.18 FEET; THENCE NORTH 41 °3T27" WEST 133.18 FEET; THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING • RADIUS OF 573.36 FEET THROUGH CENTRAL ANGLE OF 18 °26'50" AND BEING SUBTENDED BY • CHORD WHICH BEARS NORTH 50 °50'52" WEST 183.80 FEET; THENCE NORTH 60 °04'16" WEST 149.32 FEET; THENCE 44.34 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 29.99 FE TRAL ANGLE OF 84 °41'37" AND BEING SUBTENDED BY A CHORD WHICH EST 40.41 FEET; THENCE NORTH 24 °3T19" EAST `° THENCE NORTH 23 °58'3T EA 5 FEET;} THENCE NORTH 27 °45'05" S 63 FEET; THENCE NORTH 34 °51'48' ST FE THENCE NORTH 36 °14'23" S 11 ET. THENCE NORTH 39 °15'14 EA F THENCE NORTH 30o3T48 EA 8 E THENCE NORTH 31 0942#' EA T 36.0 F THENCE NORTH 31 °5T25 EA 1 THENCE NORTH 32 °39'03 T 134.08 FEET; 'fir THENCE NORTH 28 °3224" 53.34 FEET; ' THENCE NORTH 31 °15'49" 5.90 FEET•_ l THENCE NORTH 36 °52'12" 2 66 FEET; /.. -: THENCE NORTH 53 049'13" EA EET; -, THENCE NORTH 59 030'01" EAST THENCE NORTH 58 016'35" EAST 70.E =' THENCE NORTH 46 °49'06" EAST 48.85 F - THENCE NORTH 34 °36'20" EAST 66.58 FEET; THENCE NORTH 36 023'58" EAST 266.89 FEET; THENCE NORTH 35 °28'00" EAST 51.47 FEET; THENCE NORTH 24 °13'40" EAST 48.08 FEET; THENCE NORTH 20 °29'50" EAST 62.60 FEET; THENCE NORTH 17 °32'36" EAST 44.54 FEET; THENCE NORTH 11 °02'07" EAST 134.56 FEET; THENCE NORTH 09 °20'41" EAST 65.81 FEET; THENCE NORTH 08 04913" EAST 32.16 FEET; THENCE NORTH 02°0T16" WEST 14.81 FEET; THENCE NORTH 19 °58'59" WEST 12.83 FEET; THENCE NORTH 29 °55'53" WEST 20.87 FEET; THENCE NORTH 45 °00'00" WEST 56.96 FEET; THENCE NORTH 48 °51'56" WEST 57.48 FEET; THENCE NORTH 42 °3848" WEST 28.31 FEET; THENCE NORTH 38 °4T48" WEST 35.86 FEET; THENCE NORTH 43 °25'04" WEST 39.03 FEET; THENCE NORTH 36 °22'11" EAST 30.93 FEET; THENCE NORTH 23 °54'19" EAST 139.67 FEET; THENCE SOUTH 66 °5326" EAST 241.46 FEET; THENCE SOUTH 64 °45'28" EAST 263.29 FEET; ?RY2006- 127270 Vr 001• MTOC1 AM CAM 0778600D*00.. 0 WilsonNillee New Dlr0chons In Planning, Design 8 Engineering OR; 3802 PG; 2583 DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT -A- - D.R.I. LANDS (CONTINUED): THENCE SOUTH 71 °1847" EAST 57.07 FEET; THENCE SOUTH 85 °OT33" EAST 50.51 FEET; THENCE NORTH 81 °05'07" EAST 75.18 FEET; THENCE NORTH 81 °43'21" EAST 63.88 FEET; THENCE NORTH 84 °5T08" EAST 36.24 FEET; THENCE SOUTH 88 °2639" EAST 83.81 FEET; THENCE SOUTH 81 °31'21" EAST 262.28 FEET; THENCE SOUTH 88 °08'03" EAST 273.99 FEET; THENCE NORTH 80 °58'13" EAST 327.79 FEET; THENCE NORTH 67 °50'56" EAST 252.22 FEET, THENCE NORTH 81 °02'01" EAST 819.65 FEET; THENCE NORTH 81 °4241" EAST 310.84 FEET; THENCE SOUTH 65 °3443" EAST 80.72 FEET; THENCE NORTH 89 °5947' EAST 219.16 FEET; THENCE NORTH 82 °42'28" EAST 41.19 FEET; THENCE NORTH 58 °02'38" EAST 138.72 FEET; _ THENCE NORTH 41 THENCE NORTH 73 °57'36" EAST 81 R c' 0 THENCE NORTH 84 °51'58" EAST THENCE NORTH 86 °38'43" EA FEET; THENCE NORTH 87 °28'42" 9ST ST 3.72 FEET; THENCE NORTH 88 °46'01" 2 7 FEE THENCE NORTH 37 °30'20"OS 35 . 9 , THENCE NORTH 15 °32'08 EA THENCE NORTH 86 °55'36 EA 1. F THENCE NORTH 72 °53'31 6.5 F 9 THENCE NORTH 50 °45'14 THENCE NORTH 87 °14'14 314.60 FEET; THENCE SOUTH 76 °38'32" 143.08 FEET; R THENCE NORTH 89 °4943" 054.71 FEET; THENCE SOUTH 75 °20'32" EA 5 FEET; THENCE SOUTH 41 °43'41" EAS 3 . EET; THENCE SOUTH 59 044'48" EAST THENCE SOUTH 82 °5638" EAST 71. 1 THENCE NORTH 76 °31'27' EAST 68.87 F - - THENCE NORTH 60 °3245" EAST 175.39 FEET; THENCE NORTH 78 °18'10" EAST 41.23 FEET; THENCE NORTH 89 °28'30" EAST 480.22 FEET; THENCE NORTH 82 °52'57' EAST 82.50 FEET; THENCE NORTH 59 °2648" EAST 47.53 FEET; THENCE NORTH 77 °3627 EAST 12.36 FEET; THENCE SOUTH 70 °5529" EAST 16.45 FEET; THENCE SOUTH 47 041'12" EAST 748.88 FEET; THENCE SOUTH 34 °06'49" EAST 46.63 FEET; THENCE SOUTH 14 °16'24" EAST 615.15 FEET; THENCE NORTH 85 °59'44" EAST 160.53 FEET; THENCE NORTH 47 °06'44" EAST 110.60 FEET; THENCE NORTH 29 °11'18" EAST 460.96 FEET; THENCE NORTH 13 °5657" EAST 209.85 FEET; THENCE NORTH 76 °19'41" EAST 160.84 FEET; THENCE NORTH 61 °43'54" EAST 107.89 FEET; THENCE NORTH 18 °58'36" EAST 69.73 FEET; THENCE NORTH 01 °36'49" WEST 341.03 FEET; THENCE NORTH 89 °06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE SOUTH 00 °14'32" EAST 45.99 FEET; MSFA s. inzm ver oa- esrocauw CAM W78MOM -o 12A wboamiller, OR; 3802 PG; 2584 New Di►ecem In Planning, Design 6 Engineering DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND 2A PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT 'A' - D.R.I. LANDS (CONTINUED): THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE SOUTH 05 °5177" WEST 224.83 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE 95.78 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 01 °26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 °04'45" WEST 95.78 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE SOUTH 26 °31'54" WEST 759.71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00 °14'33" EAST 1,537.82 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 00 °22'10" EAST 2,347.87 FEET; THENCE LEAVING SAID LINE NORTH 89 °29'01" EAST 330.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE SOUTH 00 °22'10" EAST 200.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE SOUTH 89 °29'01" WEST 330.00 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE FOR THE SES: 1. SOUTH 00 °22'10" EAST 62.31 F i' 2. SOUTH 00 °30'10" EAST 2,674 3. SOUTH 00 °35'31" EAST 2,6 ET; \ 4. SOUTH 00"38.11" EAST 2, 10. FEET; \ 5. SOUTH 00 °30'34" EAST .6 FEZ_ 6. 227.68 FEET ALONG OR �afL CU CUR CONg� VE ST HAVING A RADIUS OF 3,032.95 FEET THROUGH E t; /l NG UBTENDED BY A CHORD WHICH BEARS SOUTH 0 39' 7. SOUTH 04 °48'38" EAS 8. SOUTH 05 °08'04" EAS 3 EE 9. SOUTH 00 °29'16" EA20 il FEET; % THENCE LEAVING SAID UTH 89 °0 4'49" WEST *.79 FE THENCE NORTH 47 °03'5 8.67 FEET;; THENCE SOUTH 52 °55'0$ THENCE SOUTH 06 °39'26" WE 29 FEET; FEET; THENCE SOUTH 71 °24'17" WES THENCE NORTH 19*54'41"WEST 1 ST THENCE NORTH 43 °05'38" WEST 251.09 THENCE NORTH 11 °0429" EAST 79.58 FEET; THENCE NORTH 05 "51'31" WEST 66.56 FEET; THENCE NORTH 48 °5226" WEST 332.24 FEET, THENCE NORTH 74 °56'35" WEST 80.29 FEET; THENCE SOUTH 74 °58'06" WEST 235.65 FEET; THENCE SOUTH 51 "40'42" WEST 93.09 FEET; THENCE SOUTH 21 "53'05" WEST 241.50 FEET; THENCE SOUTH 77 °21'09" WEST 341.17 FEET; THENCE SOUTH 60 °48'05" WEST 79.49 FEET; THENCE NORTH 88 °09'54" WEST 265.68 FEET; THENCE SOUTH 89 °36'53" WEST 1,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415.00 FEET THROUGH A CENTRAL ANGLE OF 03'08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 °11'35" EAST 77.47 FEET; THENCE SOUTH 00 °38'28" EAST 84.34 FEET; THENCE NORTH 90 °00'00' WEST 71.80 FEET; THENCE SOUTH 00 °3846" EAST 3,444.22 FEET; THENCE 224.04 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04 °43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223.98 FEET; THENCE SOUTH 04 °0659" WEST 217.57 FEET; 2rAFA S I M]O VW. ON- BSTOCKHAM cl" 08790.00D.OW - 0 Wilsomillee New Directions in Planning. Design 6 Engineenng OR. 3802 PG. 2585 12A DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT'A' — D.R.I. LANDS (CONTINUED): THENCE 153.40 FEET ALONG THE ARC OF A NON — TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277.17 FEET THROUGH A CENTRAL ANGLE OF 03'51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 °10'28" WEST 153.37 FEET; THENCE SOUTH 06 °34'56' EAST 1,089.87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT —OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT -OF -WAY); THENCE ALONG SAID LINE SOUTH 88 °54'34" WEST 247.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,026.3 ACRES, MORE OR LESS. SUBJEC T M NTS AND RESTRICTIONS OF RECORD. BEARING D ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88054'34' B LAWCE T. ,-S-M- LS#5627 CERTIFICATE 01F, AUTHORIZATION #L ,' �. REF: 4H -125, SHEETS 1 -5 ,o . T DATE: AUGUST 29, 2003 :��� REVfSIONS: T, QCTOBER 16; 2. MARCH 3.2 3: SEPTEMBE, 30, `4. FEBRUARY .20 5 5. FEBRUARY 4,"'n~ 2F25FAW 1272]0 Vr. 021- BsTOCKHALI CAM .m -o 10 r C.C. OR. TI00R 1733 PACE 951 25 R C.I. OR. a" 7403 36P'a 77» T -47 T— t8 Cot � OR MOON 577 PA 7747 f 1 � HOT vkA W ESS SIGNED 97 THE SARNErOR AND W-11) T. DIE ;A,'W D 'S EQIOSSED SFY CERWK-E OE AOTIIEAN7,LTIDN E U -43 GENERAL Wis. WNOKA EE ROAD 10O RIGHT- OF -WAl ICP. O.R. Moog 7009 P*W 1536 - 1S45 30 I _ICP. OR. 9008 7009 P41 t539- 1S45 Ie 9 ' 3 PARES 7779 -17" • Cos. ow. ROpt 1577 12 PACC 747 ME- E lnne Sw.4�r 3 700. (]]9) 419 -4010 t .:, tt f N31LR, P.S.A!. L S. 5917 a7E HOT vkA W ESS SIGNED 97 THE SARNErOR AND W-11) T. DIE ;A,'W D 'S EQIOSSED SFY CERWK-E OE AOTIIEAN7,LTIDN E U -43 GENERAL Wis. WNOKA EE ROAD 10O RIGHT- OF -WAl ICP. O.R. Moog 7009 P*W 1536 - 1S45 30 I _ICP. OR. 9008 7009 P41 t539- 1S45 Ie 9 ' 3 PARES 7779 -17" 1 1411r7SE ALL OIOCNSICHS AK IN FEET AND DECRA7LS THEREOF, UNLESS or Norco. _ 7. not VALID NITHONr THE SIGNARIAE AND THE ORCM, RASED SGL OF A R0190A LICENSED StRhlYDR AND IEAPPER. rONNSw M SOUiRANCE E.LST. TOOLLYR COtr1Y, IOIrDL BEAM SOUTH x54.3: WEST. 4. CE9""ATE a MRNORNATION u -43 s. coIlrARrc s.o76 a AarS ND�E OR " 9. SUIICCT TO EASEMENTS. RESTRICTIONS AND RESERym"d OF RECORD. 7. THIS SKETCH w7 WA SEEN REDUCED. s ADaRr —TUNS: oR. _ OFFICNL RECORD 90OK C t COLL" ERTEMPrSES. ETD R.C, BARRON COLLIER rVESTMENTS LTD ICI. . RARRON COLLIER PAR71(Ryi RI - MIGHT OF WA7 P.00.. POINT OF CONNENCEN N P.04 POINT OF KQW NC C.DC . COLLIER EV ER DELOPWNr CORPaRAEIoN OR, DE IELOPN[IIT OF REGIONAL UWACT ® . PARCEL OESCMKO ip 74. 7005 _ 1102:56 CIA.M. \SUR\D37" \.N 175SI a.p r.'— rr...w.�.,.�..•+re... OIL NEU RDA IIGO RIDIO -a -I 9 28 I.C.P. PER O.M. BOON 7903 PAGE 7751 i j� BAC "iNl7ti 6C1. O.R. 900K 1009 PACES 154E -1553 16 i H RENSIOMS: 10-15-03 KS CONTAINS - 5026.93 ACRES MORE OR LESS 1. RE 9R9 NOT A SURVEY *es 1. SE BOUNDARY. 3 -3 -a, KS ­SEE ATTACHED FDR DESCRIPTION rr9 3. REVIWSED O BOUNDARY. 7 -4-05. cPRL/I957 4. REVISED 9oaROARY, 7- 74 -03, OPRL /1957 ..Mw X11 ..Mw r VIN WN: NCIf11' NWI - MILL Wpb . /7D03 »rs w1 n rCrRAR�•T -9 N�i9 'K.; I �pyrR 1•.1DDp AVE MARIA wa a m, ur rcror r -A5 . NA4NtwA •7 4a.IIL AWA RNIq » rA4r. wuWR OtINl7, Oar. _ I O3Te6- OOO -000 .s .7 • u ME- .:, tt 0�°Il /j V 1 1411r7SE ALL OIOCNSICHS AK IN FEET AND DECRA7LS THEREOF, UNLESS or Norco. _ 7. not VALID NITHONr THE SIGNARIAE AND THE ORCM, RASED SGL OF A R0190A LICENSED StRhlYDR AND IEAPPER. rONNSw M SOUiRANCE E.LST. TOOLLYR COtr1Y, IOIrDL BEAM SOUTH x54.3: WEST. 4. CE9""ATE a MRNORNATION u -43 s. coIlrARrc s.o76 a AarS ND�E OR " 9. SUIICCT TO EASEMENTS. RESTRICTIONS AND RESERym"d OF RECORD. 7. THIS SKETCH w7 WA SEEN REDUCED. s ADaRr —TUNS: oR. _ OFFICNL RECORD 90OK C t COLL" ERTEMPrSES. ETD R.C, BARRON COLLIER rVESTMENTS LTD ICI. . RARRON COLLIER PAR71(Ryi RI - MIGHT OF WA7 P.00.. POINT OF CONNENCEN N P.04 POINT OF KQW NC C.DC . COLLIER EV ER DELOPWNr CORPaRAEIoN OR, DE IELOPN[IIT OF REGIONAL UWACT ® . PARCEL OESCMKO ip 74. 7005 _ 1102:56 CIA.M. \SUR\D37" \.N 175SI a.p r.'— rr...w.�.,.�..•+re... OIL NEU RDA IIGO RIDIO -a -I 9 28 I.C.P. PER O.M. BOON 7903 PAGE 7751 i j� BAC "iNl7ti 6C1. O.R. 900K 1009 PACES 154E -1553 16 i H RENSIOMS: 10-15-03 KS CONTAINS - 5026.93 ACRES MORE OR LESS 1. RE 9R9 NOT A SURVEY *es 1. SE BOUNDARY. 3 -3 -a, KS ­SEE ATTACHED FDR DESCRIPTION rr9 3. REVIWSED O BOUNDARY. 7 -4-05. cPRL/I957 4. REVISED 9oaROARY, 7- 74 -03, OPRL /1957 ..Mw X11 ..Mw r VIN WN: NCIf11' NWI - MILL Wpb . /7D03 »rs w1 n rCrRAR�•T -9 N�i9 'K.; I �pyrR 1•.1DDp AVE MARIA wa a m, ur rcror r -A5 . NA4NtwA •7 4a.IIL AWA RNIq » rA4r. wuWR OtINl7, Oar. _ I O3Te6- OOO -000 .s .7 yG • p [n SEE SNEEt 2 OrKM113E WIED. - - — - -- —� .•+•••••. ••+aa • Im"110 4 T NOr wao MTNOUi rK SGNTtAE No rK ;OIEMrfW tTMSEp O.N. allloNE EECO.D W, SEAL OF rlo.OE uCEKKD AKNEVOK AM mwM. C[. - DoEUE. ENfO/.gfS. Ero r011 SKrfAlUlt[ 3. KGSKrs AK NEED oK TK soUM ENE of KCT*N rs. se _ M.K6t cOEEfIII K0(SrKNti ETD I. wO SEAL SEE Lift i a 3. N Sou'"' P"DE 2r EAST. COWEK o W- IEON.E _ MM011 Co11fN rNIIKNLfP '. N.o.W fYGT K04 SP .E110 SOUIN MSS'3•' WEST. a. aATi1P 1iE Oi wlNpbTAiIOK LB -r] S. — TNfKNC S,ms.0] Or MT ►.O.c.. ftN or co— IN"MEK1 r.o... _ PONT or ROrwm Not VAID tNaESS Sr#&D ITT TK Kaum NO itG[S 0. LESS. S. su.icT To EAfEfKNTS NESrs[TtONf Am MESEOpTK" of m1como. C.D t.. Cofifll oQRtOhI[Mr COtiMMo. D...l - cEKEOrKM OI N[otoTUa aaaaEi SEALED MtN 1K SuNEVE," EN.pSSED SM. 2. MIS SKErO1 1MT NNE SEEN oEOU ED ® - ►a.cR DICK ED a.mua as wlta7KWnoK E Ea -.3 KEVtsnNS: CONTAINS - 3020.23 ACRES MORE OR LESS r. to -IS -w. sEs a. KEV6ED .OUNDANT. 3 -3-04. KS .« NOT A SURVEY a. r.a N. 7003 - ti:tlof U.wgz: \L+N \o3]EE\.N i]sS2 a.y 3. "SEO .aNnf.r, 2 -. -06, cwa/ISST �. RENSEO SOINgMT. 2- 24-oi. oPR/tSST *"SEE ATTACHED FOR DESCRIPTION ... aam EXHW .A �.rr,.fti.fnf..��.��.fWr.frr,f .. tNK iNL W fr T /2003 '� r� T rr o. SOOioW 3-E w tf -N tars v fume AVE MARIA Y.TOy �+ •�.�.�.� fh YNfE s fflC NW fltllotl !� -A . fpffs� 41 fYm� frq s SOT. NW mM11. Am 0 1 . I sit JiP 12 AIRI >A L'i LLJ III CIO rn cr I ct OR: 3802 PG: 2588 9 u. 18 w. AA RN-Ew— IiAs LiNIIoo S.-,— - / 3M &W" LINHI. IS-U, 200, (239) 649 -4040 05 FOR SIGHATUlItE AND SEA. SEE SHEET I OF S. NOT vALRD UNLESS 5E90 By THE S,40I AN,,, 6 SEALED WITH W TNAhVON,% EM CERTIFICATE Of AUTHORIZATION i LA-43 GEINERIN. NOTES- 1 ALL ORAERSIONS ARE 0 FEET AND DECIMALS / /� j //� THEREOF. UNLESS OTHEIRMS1 NOTED. LOT VNJI) INTMOUT THE SIGNATURE AND THE ORO AHO E, 3. YONNNS OF SH, 4, SOUTH am" 29 EAST. COULMEN OF SECTION 16. TABLE ZINC SOUTH WS4'34' INCSV. COUNTY, FLOWN, CERTIFICATE Of AUTHORIZATION "-43 5. CTTNT 5.024,93 ACRES NONE 001 A SUIllWIECT 10 EASEMENTS, RESTRICTIONS AM MESERvATIONS OF flecomm 7 THIS SKETC- w HINOC BEEN PKOUCM. / // /// !1 a Ammwno.$: , /� / j/j / /`!' O.R. FFIC♦A FACOND Dom C COUAR ENTERPRISES. tm C -&ARAON COLLIER W4STMCNTS LID M .0 IMARRON COLLIER PAATKVtSMP 11.0 IN MONT OF TIIAy P.O C POINT Of COWMENCENENT PONT OF KGONNNG CA . M COLLIER OFWUOPWENW CORPORATION, OAL - DEVELOP" OF REGIONAL IWACT 1. 10-15-03. KS CMAM I. W26-93 ACM YORE OR uss IM . PARCEL "scam 2 REWKO BOUNDARY. 3-3-04 MES wv-� — NOT A SURVEY *sq- FIMI 24. 2005 - I . .0 - ja57 *Sm AITPZHfM MR DESCRIPTION so* . MV- I A ­MIN, . Not WRE iml E)(HlBrr 'N' IIM* INN, MARLA IN, -000-000 17'.5 ­ns a F 29 RN E'Mn�nr arm laM aur.eyp� )JDO ayT Lyr. s,y. ]Op. (J]f) Nf -.DW RAOMt. f1v�s 3.105 r00 SOG- -1 W — SEAL. SEE SKEI l of S. Rol ♦ALTO IRREss SrAco by ERE swLCYG ARD SEMED MTN M SLMrEYOWS ELI,OSSM SEAL. CERTlCAIE DE ADTHDRIJ.LTA]R E ..... 1.12DI CLAHD(It1sUR\Oi ) a6 \w1JSilA.S � OR: 3802 PG: 2590 1 2A 28 0 y7 3 GENERAL worm tl URII M 1 .0 oRLCwsnRS w¢ M rtEr .w atyL.LS rKR[or. uatss otKRMSE wrto- i J. wDi Wltl IIIIIIDIII rK SIfJl.11lllC AID rK OMOMAL RRSCD SEK a A ELDRe1A LCEHSEO f11RYEYDR s .�RRnunRS: OFF01A OR OEEICML RCORD eDOR E4DORD Sa yq ]. eGLaflf.5 AAE aAYD OR M fOLnR lll[ CICM 16. rOMlSlf► N SOUTR, AMIDE N EAST, COl1[R CdLRtt, iLOI1lOA [ LID !CL MMDII COLL[R RMSID LTD R.C.► eaRRM COLLIER ►ARiKOENTS RfID SOIITR ' wEfT. R.O.■ . MUO DE . �I .. CERffIGTE OE N11110giATgR /lg -.J a. CORTAeMir l.07e.N •OC.. POeIT Of COYIIEKE4EM1 AGES MDR DR LESS S. Sumo TO EAS[YERiS. ►.Oj. IONI OE RDeRIfID 4.1 RSRRCigRt AIM llf%na11OMS DE CD.C. C011IEll DEMLOP CORVORAIDR T� TTiK SRETCH Aln IIAM REM ROOKED. D.RI . OEMLONIEw OF RGDRAL MPKI ® . RARC[L DEsCRM(D CONTAINS 5026.07 ACRES MORE OR LESS RL+slws: 1. ID-Ia -OS, acs ]. aE\SSED ROIRtlMr, ] -] -D., RS aaa NOT A SURVEY ea i. RMSED SOUND W. J -. -Da, DPILL /leaf NeSEE ATTACHED FOR DESCRIPTION eee .- RMSED ROLAROMM, 2-2 -as. WOVISaT EXHIBIT .A w �p worm- E. .rl d IEL cr : =R Mo Iq , AYILZ �Jm] .OD• AVE MARIA �am M ua. ae YCaMR v -u . *�M 1 ffwH, MLQ T WI. WLW WART. ILiDL * ** OR: 3802 PG: 2591 * ** Ave Maria Development Contribution Agreement DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $6,000,000.00 Available ° 7 y Ey�-I�J I'k 11 12A NJ bV (',R-CTIGNS IN ' .ANN t DE.5_-.:.'. ENC NEE'niN NCc 795c. � 2A 11riIsonmiller0 June 23, 2010 0.*4 Mr. Dan Trescott DRI Coordinator Southwest Florida Regional Planning Council 1926 Victoria Avenue Ft. Myers, FL 33901 RE: 2010 DRI Monitoring Report for the Town of Ave Maria Dear Mr. Trescott: Enclosed please find the 2010 DRI Monitoring Report for the Town of Ave Maria. This biennial monitoring report for Ave Maria covers the time period from June 15, 2008 through June 15, 2010. A check in the amount of $250.00 to cover the cost of processing this report is also included with this submittal. Please feel free to contact me if you have any questions or need additional information. Sincerely, WilsonMiller, Inc. Margaret argaret Pery, AI P Senior Project Manager, Senior Associate Enclosure cc: Laurie Beard, Transportation Planner, Collier County Development Services Bernard Piawah, Department of Community Affairs Lawrence Massey, FDOT Brian Goguen, Ave Marie Development, LLLP George Varnadoe, Cheffy Passidomo 800 649.4336 239.649.4040 F 239.643.5716 R&wERDO Bailey Lane Suite 200 Naples, Florida 34105 �____ WilsonMillercom Ave Maria Development, LLP N406 n OUMsa.uaPATMso.On=, j'A+ . NO. 0 Check Date: 6110/10 SW REG} Invoice Data Invoice Description Invoice Amount Discount _.._ Balance 06 10 10 061010 $250.00 $0.00 $250.001 2010 AMID DRI Monitoring Report 3 I I i F ( ft# SE j i I Detach at Perforation Before Depositing Check TOTALS: $250.00 $0.00 $250.00 Page 1 of 1 THIS.CNECK IS VOI ®: WITHOUT A GREEN &BLUE BORDER AND BACKtftl tUND !L!!! KNIGHT & FINGERPRINT WATERMARK ON THE BACK - "OLD AT ANOLE TO "+ .A VIEM/ IZ AVE MARIA DEVELOPMENT, LLLP 2600 GOLDEN GATE PARKWAY NQ. 001638 NAPLES, FLORIDA 34105 -3227 TIB Bank Naples Boulevard t I Sm r'> "Aed �i4 and AO/too vae&u 9 '° CHECK DATE 06/10/2010 VENDOR SWF REG AMOUNT $ $250.00 PAY TO THE TO FLORIDA REGIONAL ORDER PLANNING COUNCIL OF 1926 VICTORIA AVENUE FORT MYERS, FL 33901 0 12A WlsonNifier New Directions In Planning, Design & Engineering 2010 DRI MONITORING REPORT Z•T THE TOWN OF AVE MARIA Prepared for: Ave Maria Development, LLLP 2600 Golden Gate Parkway, Suite 105 Naples, FL 34105 Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 June 23, 2010 Offices strategically located to serve our clients 800,649.4336 wilsonmillercom ANNUAL STATUS REPORT Reporting Period: June 15 2008 to June 15, 2010 Month /Day/Year Month/Day/Year Development: The Town of Ave Maria Name of DRI Location: Ave Maria Collier City County Developer: Name: Ave Maria Development LLLP Company Name Address: 2600 Golden Gate Parkway Suite 105 _ Street Location Naales, FL 34105 City, State, Zip 12A 1. Describe any changes made In the proposed plan of development, phasing, or in the representations contained In the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A, a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a. Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; No changes in the plan of development or phasing have occurred during this reporting period. b. State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed In the reporting year and to be filed during the next year. No incremental DRI applications for development approval or requests for substantial deviation have been filed during the reporting period. It is not anticipated that any substantial deviations will be filed in the coming year. C. Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. There have been no modifications of an adopted development order recorded during this reporting period. 922/2010 - 219312 -V� 1- MPERRY 03799-013 -003 - PWRK 32361 12A 2. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development of Regional Impact development order for the project? Provide a copy of the order adopted by the annexing local government. There has been no change in local government jurisdiction for any portion of the development. 3. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. A minor revision to the approved DRI master plan was approved by Collier County in March, 2010. The current, approved DRI master plan is included with this submittal as Exhibit B. 4. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total development proposed and actually conducted to date. Example: Number of dwelling units constructed, site Improvements, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. Infrastructure improvements and vertical construction have commenced and are ongoing within the project. Exhibit C, Summary of Development Activity, identifies the vertical construction to date. 5. Have any undeveloped tracts of land in the development (other than Individual single - family lots) been sold to a separate entity or developer? If so, Identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. Tracts of undeveloped land (some of which have been subsequently developed) have been sold to other entities and are identified in Exhibit D -1 and associated map Exhibit D -2. 6. Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. No lands have been purchased or optioned adjacent to the Town of Ave Maria DRI. 022@010 - 210312 - Vast- MPERRY 03706013 -003 - PWRK - 323512 12A 7. List any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response Is to be more than one sentence, attach as Exhibit F. Local, state, and federal permits for the June 15, 2008 through June 15, 2010 reporting period are listed in Exhibit F, Summary of Permits. 8. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been compiled with during the annual report reporting period. Please see attached Exhibit G, Summary of Development Order Conditions, and Exhibit H, Transportation Monitoring Report 9. Provide any Information that is specifically required by the development order to be Included In the annual report. To our knowledge, the requirements of this biennial monitoring report for the Town of Ave Maria are being satisfied by submittal of this report. 10. Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15) and (18), F.S. Copies of this DRI Monitoring Report have been sent, via U.S. Mail to: Dan Trescott, DRI Coordinator SWFRPC Laurie Beard, Transportation Planner, Collier County Development Services Bernard Piawah, Florida Department of Community Affairs Lawrence Massey, FDOT District One Brian Goguen, Ave Maria Development, LLLP George Varnadoe, Cheffy, Passidomo Person completing the questionnaire: Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: 239 -649 -4040 E -Mail: M@Mwvtpe"Ca)Wlsonmiller.com 4'22!2010 - 218312 - Yx: 1 - MPERRV 0378&013.003 - PW RK - 32351 3 12A 1 EXHIBIT B DRI MASTER PLAN EXHIBIT C SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D -1 PARCELS SOLD OR TRANSFERRED EXHIBIT D -2 MAP OF PARCELS SOLD OR TRANSFERRED EXHIBIT F SUMMARY OF PERMITS EXHIBIT G SUMMARY OF DEVELOPMENT ORDER CONDITIONS EXHIBIT H TRANSPORTATION MONITORING REPORT EXHIBIT I WILDLIFE IMPACT EVALUATION REPORT 2 Q 0 cc N Q W Y a Q l: I M I N N 01 V V P H N M fY1 ^ N OVON 113M 110 0 H H ce tL El L tiuuo�xs- ,osxo.rmnawnr� r�xi ow�wwn .r d A C A �y 3 Q 2C b F- F 12A 12A EXHIBIT C THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ACTIVITY The Town of Ave Maria DRI was approved with two development phases. The first phase will conclude in 2011. The information below shows development activity through June 15, 2010. Land Use Type Constructed This Unit of Measure Total Constructed to Reporting Period Date Residential Units 25 Dwelling Units Dwelling Units 376 Dwelling Units Commercial 47,709 Square Feet Square Feet 175,500 Square Feet' QCL y -77 77,77,77 Institutional/University 3 buildings University acilitV Buildings 9 buildin s3 Recreation/Open Space 0 Amenities 4 Amenities° Notes: 1. The reporting period for this Monitoring Report is June 15, 2008 through June 15, 2010. 2. The previous Monitoring Report (July 29, 2006 - June 15, 2008) mistakenly reported 126,071 square feet of commercial land use constructed to date. This number should have been 127,791 square feet. The 1,720 square feet difference has been included in this reporting period. [127,791 square feet (revised square footage from previous report) + 47,709 square feet (this reporting period) = 175,500 square feet]. 3. Spring 2010 student enrollment at Ave Maria University was 658. 4. Amenities include South Sports Park, North Sports Park, Tennis /Aquatic Park and one Golf Course. 12A EXHIBIT D -1 THE TOWN OF AVE MARIA PARCELS SOLD OR TRANSFERRED Land Use Type Entity /Developer Acreage In Reporting Description Total Acres Sold/Transfer Period red To Date Pulte Homes Residential Development Residential Corporation 0 Tracts 707.50 MPG Ave Maria Commercial LTD 0 Gas Station 1.96 Florida Community Commercial :�.. � .„ Bank 0 Bank 0.36 Commercial . .. emu. H,r• , rv:. Arthrex, Inc. 0 Medical Research 12,88 Ave Maria Institutional University, Inc. 0 Oratory & Private School 206.00 Mixed Use Commercial/ Ave Maria Residential Develo ment, LLLP 0 La Piazza Avila & Condos 18.86 Ave Maria Master Recreational Amenities Association, Inc. 0 North Park & South Park 69.85 Pulte Homes Recreational Amenit Corporation 0 Goff Course 139.79 Pulte Homes Recreational Ameni Corporation 0 Tennis /A vatic Park 10.73 Queen of Peace Institutional Monastery, Inc. 0 Monaste 10.00 Ave Maria Utility " Communi4 Su ort Facilit 777 77" 7-111 Com any, Inc. 24.40 Utility Plant 24.40 Ave Maria R.O.W., Lakes, & Conservation Stewardship Public R.O.W., Lakes, & Areas Commqnqy District fflm� 197.79 Conservation Areas 430.20 Collier County Public School Elementary/Middle Institutional b = =:. ��... District :. 46.00 School 46.00 Total Acreage Sold/Transferred 268.19 1,659.67 Note: The Reporting Period for this Monitoring Report is June 15, 2008 through June 15, 2010. TENNIS CENTER mom PARK ujl� 11 ;( -- -`:; ORATORY HAMPTON SOUTH PARK DEL WEBB ARTHRE. L WE GOLF BB 1 AREA z AVE MAMA VTILITY COMPAMY• ULp AVE (24.4 ACRES) L=IA __ I WEEN Of PEACE YONASrERr, WC. (10 ACRES) EMARTIA STEWAR y DISTRICT D IP (43D.2 ACRES) (SCN ACRES) -TE -E CCR-TI). (707.5 ACRES) I PU3L§ I 77WWE CORPORATION (DOLT) 9 ACRES) ()[L-WL-L- NOWAD U F-1 YPO AYE YARN L7D (I." ACRES) DA COYYONm BANK (0.36 ACRES) C- (12.88 ACRES) AVEMARIA AVE MARIA UNIVERSITY. INC. (206 ACRES) PARCELS SOLD OR TRANS EXHIBIT D-2 -E — —ER AS--. -C. (69.85 ACRES) u 12A EXHIBIT F THE TOWN OF AVE MARIA SUMMARY OF PERMITS JUNE 15, 2008 THROUGH JUNE 15, 2010 Ave Maria Development etUM10. 216312 -Yer; 1 - MPERRY 0378&013-003 - PWRX - 32351 Publix at Ave Maria SDPI buildin fa ade AR -13365 6/16/2008 Ave Maria Blvd. Extension /Arc Rd, Excavation Permit Renewal and Ins action Fees 59.902 -9 /AR -6880 6/24/2008 Ave Maria Po a John Paul I I Blvd, Excavation Permit Renewal and Ins action Fees 59.902 -8 /AR -8697 6/2412008 Publix at Ave Maria AR -13454 7/9/2008 Ave Maria University SDP 2 Phase 1 (Withdrawal of School of Law SDPI AR -13185 10/14/2008 Davita AR -12578 4/18/2008 Ave Maria Cell Tower AR -14076 4/6/2009 Publix at Ave Maria SDP! (arading & detectable warnings) AR -14423 5/26/2009 Ellington Park PPL AR -10931 7/7/2009 AMU Undergraduate Housing Bldg #6 Final Site Acceptance AR -13185 7/16/2009 Ave Maria Unit 4 Hampton Village Phase 1 PPL Permit Extension AR -8879 8/4/2009 - 814/10 Ave Maria University Gym Alternative Architectural Design Application, Deviation Approval Arch- PL2009 -1209 10/4/2009 Ave Maria Phase 3 PPL Extension SB 360 AR -8880 10/19/2009-10/19/2010 Ave Maria Phase 2 PPL Extension SB 360 AR -8697 10/19/2009-10/19/2010 Ave Maria Unit 5 - Bellerawalk Phase 1A, PPL Permit Extension AR -9033 10/21/2009- 11/26/2011 Bellerawalk at Ave Maria Excavation Permit Renewal 59. 902 -1 /AR -9214 10/21/2009 - 7/28/2010 Ellington Park PL2002 -1339 11/18/2009 Ave Maria Flex Site Permit Extension SB 360 AR -9645 11 23/2009 8/22/2011 Ave Maria Medical Building Permit Extension SB 360 AR -9684 11/23/2009 - 8/22/2011 Ave Maria Phase 4 PPL Permit Extension SB 360 AR -10816 12/14/2009- 10/14/2011 Ave Maria Guest House SDP PL2009 -446 12/1/2009 Del Webb Parcels 105 110 112 113 115 PL2009 -1450 12/28/2009 Ave Maria Universi G m /Story a Building SDPA PL2009 -75 12/29/2009 Bellerawalk at Ave Maria Phase 1 B, PPL Permit Extension SB 360 AR -9583 1/7/2010 - 7/27/2010 Ave Maria Unit 5 Bellerawalk Phase 1 A, PPL Permit Extension SB 360 AR -9033 1/7/2010 - 1/1312012 Ave Maria Unit 3 Del Webb Phase One PPL Permit Extension SB 360 AR -8654 117/2010 - 1/13/2012 Ave Maria Unit 4 Hampton Village Phase 1 PPL Permit Extension SB 360 AR -8879 1/13/2010 - 1/13/2012 Ave Maria SDP No. 2 - Phase 1 University, Insubstantial Change PL2009 -2071 1/15/2010 Ellington Park Sales & Model Center PL2009 -209 1/20/2010 Ave Maria Guest House SDPI PL2009 -2468 19/2010 Ave Maria Phase 3 Plat, Insubstantial Change (Removal of unconstructed portion of Anthem Pkwy) PL2009 -2515 3/19/2010 Ellington Park Sales & Model Center PL2009 -208 3/29/2010 Del Webb Parcel 105, Lots 11 -18 & 29-40 Insubstantial Change PL2010 -162 5/13/2010 etUM10. 216312 -Yer; 1 - MPERRY 0378&013-003 - PWRX - 32351 12A EXHIBIT F (Continued) e[►nrts - Hampton Village at Ave Maria Phase One - Town Homes Insubstantial Change, Permit to Construct Public Water Supply 264366 - 002 -DS 6/24/2008 Ave Maria SDP 2 UGH Building #8, Partial Certification for Public Water System Pub lix at Ave Maria Certification for Public Water System AMU Under raduate Housin Bld #6 Certification for Public Water System Ave Maria Guest House Permit to Construct Public Water Supply Ave Maria Guest House Permit to Construct Sanitary Sewer Del Webb Parcels 106, 110 112, 113, 115 Del Webb Parcels 106, 110 112 113 115 233650- 003 -DS 278406- 001 -DSGP 288454 -001 -DSGP 296574 -001 -DSGP 249396- 028 -DWCCG 249396 - 029- DWC /CG 297052 - 001 -DS 7/15/2008 12/18/2008 6/912009 7/20/2009 7/20/2009 8/17/2009 9/3/2009 Tract F -2 Davita , Certification for Public Water SuDP1Y Ave Maria Univers' Gym /Store a Building, Permit to Construct Public Water Supply 2859626- 001 -DS 298425 - 001 -DSGP 9/15/2009 12/3/2009 Del Webb Phase 1 Plat AMUC Final Acceritance 012 -06 7/3/2008 7/24/2008 UGH Building #8 AMUC Preliminary Acceptance 002 -05 003 -06 005 -07 022 -06 Emerson Park, AMUC Preliminary Acceptance Tract F -2 Davita AMUC Preliminary Acceptance 9/18 2008 10/1/2008 Del Webb & Golf Course Maintenance Facility, AMUC Preliminary Acce tance Ave Maria SDP #1 AMUC Final Acceptance 10/16/2008 001 -05 1/19/2009 Ave Maria South S orts Park AMUC Final Acceptance Emerson Park AMUC Final Acce tance 002 -06 003 -06 1/19/2009 2/10/2009 Liberty Park AMUC Final Acceptance 003 -06 215/2009 Bellerawalk Main Entrance/Model Center AMUC Final Acceptance 005 -05 3/26/2009 Publix at Ave Maria AMUC Preliminary Acc fence 026 -06 4/15/2009 Middlebrooke Townhomes AMUC Final Acce tance 025 -06 4/21/2009 Ave Maria Park of Commerce AMUC Final Acceptance 006 -06 4/2112009 Ave Maria North Sports Park AMUC Final Acceptance Ave Maria Arc Rd Extension and Anthem Parkway. AMUC Final Acce fence Del Webb Arnenitv Campus, AMUC Final Acceptance 008 -06 010 -06 003 -07 4/21/2009 4/24/2009 4/24/2009 5/29/2009 Pope John Paul II Blvd Phase 1 -3, AMUC Final Acceptance (Stipulated) Ellington Park Del Webb Parcels 101, 103,104,105, AMUC Final Acceptance (Stipulated) 011 -06 019 -06 007 -06 8/27/2309 7/2/2009 716/2009 AMU Under-graduate Housing Bldg #6 AMUC Preliminary Acceptance AMU Undergraduate Housing Bldg #8 AMUC Prelimina Acceptance Ave Maria Guest house AMUC Approval Del Webb Parcels 105 110 112 113 115 Del Webb Parcel 102, Rescinded Ave Maria Recreation Center Rescinded Ave Maria University G m /Store a Building, AMUC Approval Del Webb Parcel 105, Lots 11 -18 & 29-40 Insubstantial Chan a 002 -05 002 -05 018 -06 021 -06 020 -06 006 -07 003 -08 007 -06 7/24/2009 8/31/2009 8/10/2)09 9/2/2009 9/2/2009 9/13/2009 4/6/2010 6/22/2010 - 210.712 • Ver; 1 - MPERRY 03766-013 -M - PWRK - 32351 12h EXHIBIT F (Continued) W22/2010 - 215312 - Vw: 1 - AWERRY 0075&011003 -PWRK -32351 MEW Ave Maria ERP 2, AMU Undergraduate Housing Bldg fib, 6127/2008 Letter Modification -Application No. 080414 -9 Permit No. 11- 02336 -P Water Use Letter Modification Arthrex at Ave Maria Application No. 080324 -21 Permit No. 11 -02317 -W 7/2/2008 Ave Maria ERP 2 School of Law GP Modification Application No. 071214 -15 Permit No. 11- 02336 -P 7/3/2008 Ave Maria ERP 2 Recreation Center GP Modification Application No. 080109 -24 Permit No. 11- 02336 -P 2/2/2009 Ave Maria ERP 2, Cell Tower, Letter Modification Application No. 090109 -16 Permit No. 11- 02336 -P 3/11/2009 Water Use Letter Modification, Ellington Park Ave Maria ERP 2, Park of Commerce, Permit Extension (SB Application No. 090602 -15 Permit No. 11- 02317 -W 7/17/2009 360 ) Water Use Letter Modification, Del Webb Parcels 106, 110, Application No. 090911 -10 Permit No. 11- 02336 -P 9/11/2009 112,113,115 Application No. 090820 -8 Permit No. 11- 02317 -W 9/17/2009 Ave Maria ERP 2, Guest House GP Modification Application No. 090428 -1, Permit No. 11-02336-P 10/5/2009 12/7/2009 Ave Maria ERP 2 Ellington Park Sales & Model Center Application No. 090814 -15 Permit No. 11- 02336 -P Ave Maria ERP 2, Del Webb Sales & Model Center, GP 1/8/2010 Modification Application No. 090814 -14 Permit No. 11 -02336 -P Ave Maria ERP 2 Outfall Structures GP Modification Application No. 0903103 Permit No. 11- 02336 -P 6/5/2009 Ave Maria ERP 2, University Gym /Storage Building, GP 12/8/2009 Modification Application No. 091005 -1 Permit No. 11- 02336 -P Ave Maria ERP 2, Ellington Park Sales & Model Center Application No. 090814 -14 Permit No. 11 -02336 -P 1/8/2010 W22/2010 - 215312 - Vw: 1 - AWERRY 0075&011003 -PWRK -32351 1gA EXHIBIT G THE TOWN OF AVE MARIA SUMMARY OF DEVELOPMENT ORDER CONDITIONS Affordable Housing A. An affordable housing development known as Middlebrooke has begun development and occupancy. To date 48 units have been constructed at Middlebrooke. B. A 26.85 acre parcel of land has been provided to Habitat for Humanity of Collier County, Inc. (OR Book 3962, pages 3812 - 3815). C -G. Other affordable housing development order conditions will be addressed as the project progresses. Energy Conditions "A -R" have been met as required to date. Stormwater Management A. Initial exotic and nuisance vegetation eradication treatment has occurred onsite and at the offsite Camp Keais Flowway enhancement area. Additional exotic and nuisance treatment has occurred and ongoing maintenance treatments are scheduled. B. The ERP for Ave Maria, which includes all required supporting calculations, has been issued as Permit No. 11- 02336 -P. Several modifications to this permit have been issued as well. C. Both the required BMP's and water quality treatment permitting requirements have been incorporated into the approved Environmental Resource Permit and adopted as part of the on -going construction. D. An individual modification to ERP No. 11- 02336 -P (originally issued for the PDA phase) was approved on May 10, 2006 (Application No. 050412 -18) for conceptual and construction approval of the entire DRI site. Several modifications to this permit have been issued to accommodate for proposed development. E. A Water Use Permit for the remaining phases of the proposed development was issued on June 14, 2006 as Permit No. 11- 02560 -W. Modifications to the Water Use Permit have been issued to accommodate for proposed development. F. The construction of the stormwater management lakes and the continued on -site preserve maintenance is underway. The conservation easements for these preserve areas have been recorded. G. Best management practices are being employed by the applicant throughout the process of the ongoing development. H. Portions of the project site are currently under construction and the conditions relating to erosion control are being adhered to. I. Per Collier County Ordinance 90 -10, post - development run -off is limited to 0.15 cfs /acre. J. Stormwater management lakes including littoral zones constructed on slopes consistent with SFWMD and Collier County requirements are constructed and planted in accordance with SFWMD and County requirements. K. Annual inspections in accordance with the conditions of the approved ERP will be conducted and properly adhered to as required. 8122!2010.218312 - Vac 1 • MPERAY 037W-01 3-M - PW RK- 32351 12A L. Assurance that the proposed stormwater management system will not impact habitats of listed species was reviewed as part of the SFWMD ERP permitting process for the project site. M. Vacuum sweeping of common streets and parking areas is occurring. N. Ditch and swale slopes have been designed to minimize discharge. O. Grass stormwater treatment areas are being maintained. P. Under drain systems and grease baffles are in place around the Town Core. Q. Removal of mosquito - productive nuisance plant species, as part of Stormwater Management System maintenance, is included in pond maintenance. R. Conditions addressing isolated wading bird "pools" constructed in lake littoral zones have been designed into the system. S. All of the project construction complies with the BMP's and the Surface Water Pollution Protection Plan (SWPPP) in the approved ERP. T. The surface water management system, approved under SFWMD ERP No. 11-02339 - P, was designed to limit the discharge per Collier County Ordinance 90 -10. U. Enhancement/restoration activities to off -site areas are underway and continuing. Monitoring of hydroperiods will be performed as required by the approved SFWMD ERP. V. No action required of the permittee. W. The littoral planting species selection, the elevation strata, and the bonds issued relative to the survivability of the plantings have been approved as part of Collier County permitting. X. Upon completion of construction, operation and maintenance of all stormwater management lakes will be undertaken by Ave Marie Stewardship Community District. Y. The permittee will comply with all of the requirements of questions 10 & 19 and subsequent sufficiency round information provided in the ADA. Transportation Responses to Conditions A -L are addressed in the Transportation Monitoring Report, Exhibit H. Vegetation and Wildlife Additional wildlife information is included in the Wildlife Impact Evaluation Report, Exhibit I. A. Stewardship Easements for Stewardship Sending Areas one through six have been recorded in the Official Records of Collier County. These Easements run in favor of Collier County and the Department of Agriculture and Consumer Affairs of the State of Florida, and encompass approximately 17,000 acres B. The State of Florida Fish and Wildlife Conservation Commission issued Permit No. WX05444 for the Audubon's Crested Caracara on October 7, 2005 The USFWS review and approval of the project's plans for caracara is contained in the Biological Opinion, USFWS Log No. 4- 1- 04- PL- 6866 -R3 C. A pre - construction survey was conducted and Florida burrowing owls nests were found. The State of Florida Fish and Wildlife Conservation Commission issued Permit No. WN05473 on November 7, 2005 authorizing the permittee to destroy inactive Florida burrowing owl nest burrows within active construction areas. Collier County approved a wildlife management plan for the Florida burrowing owl that will be shown on construction plans for contractors to review for construction purposes. 6122J2010 - 216312 - Vw 1 - MPERRY 03786913-003 - PWRK -. 32351 2 12A D. USFWS reviewed project details and opted not to require an indigo snake protection plan for the project site. E. The develop has preserved and completed restoration (recontouring, planting and exotic eradication) of 62 acres of wetlands as shown on the Master Development Plan (Map "HI. Ongoing exotic and nuisance vegetation treatments are scheduled. Permanent conservation easements have been recorded. F. Initial exotic vegetation has been treated outside (west) of AMU within the North and South farm fields. Ongoing exotic and nuisance vegetation maintenance treatments have occurred and future treatments are scheduled. Planting of native trees has occurred. The recruitment of additional native wetland species has also occurred. G. The locations, habitat types, and extent of the set asides were determined by the applicable agencies through a Section 7 Consultation. Panther set asides have been finalized, recorded and accepted. H. The permittee will comply with all of the requirements of questions 12 & 13 and subsequent sufficiency round information provided in the ADA. Wastewater Management/Water Sunnly A. Ultra -low volume water plumbing fixtures, self- closing and/or metered water faucets, xeriscape landscape techniques, and other water conserving devices and /or methods will be adhered to as required by the public water supply permit issued by SFWMD. B. Verification that the proposed plumbing and irrigation system designs conformed to District criteria was completed as part of the Water Use permitting. C. Ave Maria Utility Company, LLLP reviews and approves all required items prior to commencement of construction. D. Potable water facilities have been constructed and are currently sized for Phase I development plus fire flow. E. Reclaimed water (with raw water supplements) is being utilized for irrigation purposes. F. Irrigation systems are equipped with rain or moisture sensors. G. A licensed drilling contractor has properly plugged and abandoned agricultural wells located within the developed portion of the project site. H. Water saving plumbing devices are being used as required by the current building code. I. Golf course irrigation is in accordance with SFWMD consumptive use permits. J. Ave Maria Utility Company is providing water, wastewater service and reclaimed water. K. All BMP's approved as part of the SFWMD ERP are being adhered to. L. The permittee will continue to comply with all of the requirements of questions 10, 14, 17 & 18 and subsequent sufficiency round information provided in the ADA. Historical Archaeological Site A. The property owner is currently working with the Seminole Tribe on the design and location of a historical marker commemorating Second Seminole War activities. Timeframe for completion is estimated to be 2012. Education A. The Developer has dedicated an approximately 46 -acre site within the Town of Ave Maria for the elementary and middle school. (OR Book 4383, pages 0114 - 0118). M22=101 21$312 - V¢ 1 - MPERRY 03766 -013.003 - PWRK - 32351 3 12A B. Additional coordination is occurring with the school district on the dedication of an off - site high school site of approximately 60 acres. C. The developer will continue to comply with all of the requirements of questions 10 and 27 and subsequent sufficiency round information provided in the ADA. Police and Fire Protection A. As buildings are constructed, any locations using, displaying or handling hazardous material /waste will be constructed in accordance with this requirement. B. Provision will be complied with when applicable. C. The Developer is continuing to work with Collier County Sheriff's office, Immokalee Fire Control District, and Collier County Emergency Management on the development, building and funding of a multi - purpose public safety center. D. Fire flows are provided through the potable water distribution system. E. On- campus security at the University is ongoing. F. The Developer continues to coordinate with the Collier County Sheriff's office on a wide range of security measures. G. A temporary public safety facility is operational and is located west of Ave Maria Blvd and north of the Ave Maria University campus. The 3 -acre site for a joint facility to house EMS, Fire and the Sheriff and the one -acre site for government buildings have been reserved on site but have not yet been dedicated. Solid /Hazardous /Medical Waste A. The project will abide by applicable County recycling requirements. B. At such time as buildings are constructed, any locations using, displaying or handling hazardous material /waste will be constructed in accordance with this requirement. C. Hazardous waste effluent is not discharged into the sewage system. D. Development is compliant. E. Off -site disposal of hazardous waste is the responsibility of the business generating said waste. Local and state regulations will be adhered to. F. Businesses will comply with local and state regulations. G. Applicable state and local regulations will apply if natural gas is utilized. H. Local restaurants will comply with the County's grease trap ordinance. 1. All medical or hazardous waste generator/business will comply with Florida law (64E -16 and 62 -730, F.A.C.) 8/2y2010 - 218312 - VW: t . MPERRY 03788-013-003 - PW RK - 32361 4 12A EXHIBIT H THE TOWN OF AVE MARIA BIENNIAL TRANSPORTATION MONITORING REPORT The Ave Maria Development Order (DO) 05 -01, requires the submission of a Biennial Monitoring Report to Collier County, Florida Department of Transportation (FDOT), Florida Department of Community Affairs (DCA), and Southwest Florida Regional Planning Council for review and approval. The DO Transportation conditions are listed below, in their entirety in italics, followed by the developer's response in bold. 4. TRANSPORTATION A. The applicant or his successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Town of Ave Maria DRI, including project access points on Oil Well Road (CR 858) and Camp Keais Road as well as secondary access connections to Camp Keais Road. Site related roadway improvements, including those required by Collier County related to access points on Oil Well Road and Camp Keais Road have been approved, permitted and constructed. B. The Application for Development Approval Transportation Analysis (Question 21) indicates roadways that may that the Town of Ave Maria will significantly impact the following regional operate below adopted level of service standards at some time during buildout of the project 12A No analyses of these segments is required as part of the 2010 Monitoring Report. Please See Sections 4.G and H. below. C. The Application for Development Approval Transportation Analysis (Question 21) indicates that the Town of Ave Maria will significantly impact the following regional intersections that may operate below adopted level of service standards at some time during buildout of the project. INTERSECTION PROGRAMMED ESTIMATED ADDITIONAL IMPROVEMENT Immokalee Rd. at I -75 IMPROVEMENT SB OnlOff Ramp None Change One EBL into an Immokalee Rd. at I -75 EST NB On /Off Ram Immokalee Rd. at Oakes Blvd. +1 EST + 1 WBT + 1 EBL + 1 WBL Immokalee Rd. at Wilson Blvd. +2EBT +2WBT +WBR +1NtBR + re- stripe NBL to Immokalee Rd. at None Signalize + 1 NBT + 1 SBT Cam Keais Rd. + 1SBL Immokalee Rd. (1st. St.) at SR 29 (Main None + 1 EBL + 1WBL St. Fifteenth (SR 29) None at Lake Trafford Rd. + 1 NBT + 1SBT + 1 WBR Oil Well Rd. at Ever lades Blvd. None Signalize Oil Well Rd. at Ave Maria Entrance None Signalize + 1 EBL Oil Well Rd. at Camp None Keais Rd. Signalize Oil Well Rd. at SR 29 None Signalize T1 NBL + 1 NBT Camp Keais Rd. at + 1 SBL +1 SBT + 1 EBL Ave Maria Entrance None Signalize + 1 NBL Collier Blvd. at Pine Rid Rd. None + EBT + 1 NBL + 1 NBT + 1SBT No analyses of these Intersections Is required as part of the 2010 Monitoring Report. Please See Sections 4.G and H. below. D. The Developer shaft provide its proportionate share of the costs of necessary roadway and intersection improvements in Paragraph 4.B. and 4.C. including, but not limited to, right -of -way, costs of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service, through the payment of legally adopted road impact fees. Improvements to the facilities outlined in Paragraph 4.B. and 4.C, above will be necessary at the time that a road segment or intersection is expected to operate below the level of service standard (LOS) adopted in the Collier County Growth Management Plan (GMP), or shall be 2 12A programmed for construction within three years of that time. If the road segment or intersection is not operating at the County's adopted LOS standard and the Town of Ave Maria is contributing five percent (5 %) or more of the P.M. peak hour directional service volume at that LOS standard, then except as otherwise provided for in paragraph E. below, no additional building permits shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3423, F.S. incorporated into the D. 0. ensuring completion concurrent with impacts; p • d) the subject of a binding commitment from Collier County ensuring completion concurrent with impacts incorporated into the D. 0.; e) the subject of a binding commitment by the County in the current three years of the Schedule of Capital Improvements of the Capital Improvement Element (CiE); or i) the subject of a binding and enforceable commitment by the developer or his successor or assigns, to provide the improvement concurrent with impacts. Any combination of the above, which ensures that the improvement is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. The Developer and the County have entered into binding Developer Contribution Agreement (DCA) as provided for in paragraph E. below, that pipelines certain improvements that, per agreement, satisfy the Intent and conditions of this paragraph. E. In order to make adequate provision for the mitigation of the project's impacts on the transportation facilities, the alternative innovative mitigation strategy identified herein is based upon the applicable standards and proportionate share criteria set forth in 9J- 2.045, F.A.C. and is intended to comply with the intent and purpose of Chapter 380, Florida Statutes. In developing this public - private mitigation strategy, consideration has been given to the project's overall potential to enhance educational opportunities, to promote economic development in the region, to further other local and state planning goals dealing with rural land stewardship concepts, to the use of innovative solutions that provide equal or better protection, and to the appropriate use of essential transportation planning and programming solutions that further the capital improvement process. As an alternative to the requirement of Paragraph D. above, the developer, or its successor or assigns, will pay a proportionate share contribution, calculated consistent with the formula in Paragraph 9J- 2.045(1)(h), FA. C., to Collier County for the improvement(s). Collier County and Developer entered into a Developer Contribution Agreement on April 26, 2005, a copy of which is attached as Exhibit rD ; that provides for the payment of Developer's proportionate share. A portion of the proportionate share payment shall be applied to the construction of Oil Well Road from Immokalee Road to Camp Keais Road, after which the remaining proportionate share shall be applied only to improvements to one or more of the significantly impacted roadways or intersections. Collier County has deemed the multi - laning of Oil Well Road and commitments to assist with improvements to the other road segments specified in the Developer Contribution Agreement to be a reasonable alternative which, if constructed, will reduce trafi!c volumes on one or more of the listed segments. A portion of, or all of, the applicant's, or its successor's or assigns, proportionate share contribution is being provided through the Developer's, or its successor's or assignee's, payment of Collier County road impact fees, through the donation, without credit for road impact fees of the following: (1) road right -of -way (valued at $7,800,000), (2) stormwater management right -of -way (valued at $1,950,000), and (3) fill material at cost savings (valued at $11,000,000), for future improvements to Oil Well Road, portions of Immokalee Road and Camp Keais Road, and through any other contributions included in the Developer Contribution Agreement, including, but not limited to, the advanced payment of road impact fees and design /engineering services and permitting services fees (estimated to be $6,000,000). No additional building 3 12A Permits shall be issued unless the County receives proportionate share payment and there is a commitment to use the contribution for the construction of a needed transportation improvements. Any delay in payment or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change, The Developer and the County have entered into a binding Developer Contribution Agreement (DCA) as provided for in this paragraph that pipelines certain improvements that, per agreement, satisfy the intent and conditions of paragraph D. above. The DCA commitments outlined in this condition either have, or are In the process of being fulfilled as part of the joint public - private partnership with Collier County in the design and construction of Oil Well Road pursuant to the terms of the adopted DCA. To date, the following commitments have been either fulfilled or initiated: ❑ Oil Well Road Design Services - $7.41M ❑ Right -of -way Donated — All right -of -way contemplated in the DCA, totaling155 acres, has been donated to Collier County ❑ Roadway Fill Material — Conditional Use approval has been obtained for the South Grove Lake parcel that will be the source of the fill needed for Oil Well Road and similar projects ❑ Road Impact Fees Paid - $9.497m ❑ Stormwater Management Infrastructure for Multi - laning Oil Well Road — Portions of the stormwater management Infrastructure to accommodate the portion of the multi - laning of Oil Well Road adjacent to the DRI have been provided both within the DRI and off -site on lands adjacent to the roadway ❑ Stormwater Management Infrastructure for Multi- laning Camp Keais Road — Land for the stormwater management infrastructure to accommodate the portion of the multi - laning of Camp Keais Road adjacent to the DRI has been provided on -site F. In order to ensure a continuous payment stream of the proportionate share contributions anticipated by the Developer Contribution Agreement, and in recognition of the commitments in the Developer Contribution Agreement, and in a manner that ensures consistency with the Growth Management Plan's Concurrency Management System, Collier County has committed to reserve to the AMSCD sufficient roadway capacity within the Concurrency Management System for use by the project pursuant to the Interlocal Agreement (Exhibit "E'j executed on April 26, 2005. This Is a statement of fact and does not require any action by the Developer as this is a County commitment regarding reservation of roadway capacity within the Concurrency Management System. G. To determine the project impact on regional facilities, a biennial monitoring report shall be submitted to Collier County, Florida Department of Transportation Florida Department of Community Affairs (DCA), and SWFRPC for review and approval. At a minimum, except as provided for in 4. H., below, the report shall provide the following: 1. A summary of construction and development activities to date, in the categories of development as recorded in the development order; 0 m D r m m O O. d E CL O D Oy G E E N 1 _a F m 2 c m °c m 2 m m4 0 m m ti 0 n 0 ro 0 D M Q C _Or V L U c 2 W Q O t, m E E 7 n 1 a :7 D m .q m 3 S m N S[ m e m m 3 Y! c u a >b m c m c m v' m m 0 E E m m £ O m b 0 u c m m t b� m s F m e� m` m � O m O q b A ,e r m N m m t � m" cm 6� S m Q_E 0 o� zy Iz Yp S c 0 c g O x E E j D $U C1E y E E" 019 m D O oc N Rte^ v o�� EED �E� w m E e 12A 12A 2. An estimate of the p.m. peak hour trip generation and turning movements at each of the project's access points; TABLE G.2.A. - Existing p.m. peak hour project trip generation and turning movements - Oil Well Road Entrance. TABLE G.2.6. - Existing p.m. peak hour project trip generation and turning movements — Camp Keels Road Entrance. 3. An estimate of p.m. peak hour (project] trips assigned to each road segment identitred in Paragraph 4.B.; See note following #5. below. 4. An estimate of p.m. peak hour (project] trips at the off -site intersections listed in Paragraph 4. C.; See note following #5. below. 5. A calculation of the existing peak hour level of service for the facilities listed in paragraphs 4.B. and 4.C. above. Section H. of the Development Order provides for a "payment in lieu" option as an alternative to providing the data and analysis required by Section G.2 -5. Collier County and the Developer agreed to a partial payment, as an alternative to submitting the data and analysis for every other reporting period. Per the arrangement with Collier County, the data analysis was provided in 2008 and will next be reported in 2012, etc. All other conditions specified in 4.G. are being reported herein. 6. An estimate of the level of development expected to be added by the project for the forthcoming two years; 1 2 Over the next several years, the market will dictate the level of development that will occur, and that is something that the developer Is unable to predict. As can be seen in the response to paragraph G.1. above, certain development has been approved /permitted but has not yet been constructed. As was the case between the 2008 and this 2010 report, it is likely that some of the approved but un -built development inventory will be Included in the next development to come "on- line" during the coming period. Additionally, a number of parcels have been sold to both residential and commercial developers and each Individual developer's pro forma will dictate when development approvals will be sought, and when development will actually commence. 7. The status of the road improvements committed to in the development order, addressing any deviations from the schedule for making such improvements, Commitments made by the developer either have been, or are in the process of being fulfilled as part of the terms and conditions contained in the DCA. Design and permitting for the multi - laning of portions of Oil Well Road has been completed, and construction of two segments of Oil Well Road is currently underway. 8. The amount of total external traffic and the proportion of traffic that is retained internally to the site and that which is accessing the external road network, Using the ITE p.m. peak hour trip generation rates established in the DO and as summarized In G.I.B. above and applied to all development constructed to date, the total number of trips has been calculated as 1,379. As can be seen in the table below, the original estimate of 62/o internal capture used in the Ave Maria ADA traffic assessment would yield 523 external trips. Traffic counts taken in June 2010 (adjusted to peak season) at both project entrances indicate a p.m. peak hour total of 229 trips, or only 17% of the ITE calculated trips being external and yielding an Internal capture rate of 83%. Traffic count data is provided in the Appendix. Table G.8. — Internal and External Project Traffic 1,379 62% 38% 523 241 282 229 63 166 1,379 83% 17% 229 9. The status of `walkable community" planning principles related to efficient pedestrian and bicycle movement within the development, including numerical indicators against which goals can be measured, such as. number of motorized vehicles in the outside lane, vehicle speed, lane conditions, existence of sidewalks, etc.; 7 12A The Town of Ave Maria has been designed In a manner that is consistent with "walkable community" planning principles. In addition to a 12' wide multi -use pathway adjacent to the entrance road, the internal local and collector streets within the project incorporate sidewalks, and are generally designed to be low- speed /volume to facilitate bicycle use in the travel lanes (as opposed to dedicated bike lanes which are more common and necessary feature of high speed /volume facilities). In addition to the walk - friendly town center and core, the Town of Ave Maria Is centered on a pedestrian - friendly university setting that further enhances non - motorized travel. At this early stage of development/occupancy, certain measurable goals can not be developed and /or measured, beyond the identification of the presence of sidewalks /pathways on local streets and the main entrance road(s), and roadways designed to minimize speeds. We would anticipate as occupancy, and thus travel, grows In the future, research can be conducted to evaluate the success of the Town's walkable design principles, Including the measurements of vehicle speeds, and the use of facilities by pedestrians and cyclists. 10. A status report on achieving inter -modal links and access to transit and the use of transit throughout major corridors, including numerical indicators against which goals can be measured, such as: modal split, annual transit trips per capita, buses per hour, or auto occupancy rate; and Due to the limited amount of development and occupancy at this early stage, no decision has been made to date as the development of transit service within or connecting to the Town of Ave Maria. Transit stops and access points can be accommodated within the town plan if and when the County elects to run service into the Town of Ave Maria. The developer will coordinate with Collier Area Transit as to the appropriateness of such service, and to what extent the developer can help facilitate service to and through Ave Maria. 11. A report that assesses the extent that development protects and/or threatens biodiversity and wildlife in the County and Region, including numerical indicators against which goals can be measured, such as: number of wildlife crossings included in road widening plans, number of acres of land set aside for preservation and protection of wildlife, number of species found in the area, use of habitat maps to predict the number of panthers in the area, use of habitat maps to predict travel patterns of panthers in the area, use of GIS maps to identify ecological hotspots. See attached companion Exhibit I entitled Ave Maria University and Town Wildlife impact Evaluation Report 2. H. As an alternative to collecting peak hour traffic data and analyzing the LOS for roadway segments and intersections identified in Paragraphs 4.8. and 4.C. required by Paragraph 4.G. above, the developer and Collier County may consider an appropriate contribution for the construction of permanent traffic counting stations that would be turned over to Collier County for operation and maintenance. These stations would become part of an integrated network of count locations that would provide continuous monitoring capabilities. Data collected by these stations and other stations within the area of influence would be made available to the 12A developer in the preparation of the biennial monitoring reports. In the event such data reveals a potential deficiency, any further data collection and analysis would be the responsibility of the developer. This section of the Development Order provides for a "payment in lieu" option as an alternative to providing the data and analysis required by Section G.2-5. As mentioned previously, Collier County and the Developer agreed to a partial payment, as an alternative to submitting the data and analysis for every other reporting period. Per the arrangement with Collier County Transportation Division, the data analysis was provided In 2008 and will next be reported in 2012, etc. All other conditions specified in 4.G. are to being reported herein. I. The applicant shall install permanent traffic count stations on all project entrance roads. The equipment will be owned and maintained by the applicant or his successor or assigns. Permanent traffic counters have been installed on Ave Maria Boulevard and Oil Well Road at the main project entrance, and will soon be installed on Pope John Paul II Boulevard at Camp Keais Road, the second project entrance, as part of the approved Site Development Plans (SDPs). J. The applicant shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County by providing for the facilities required by the Land Development Code or as may be required by the Comprehensive Pathway Plan that make appropriate linkages to the DRI internal pathways network. Also, the applicant may consider future connection to the proposed FPL Trail, which could enter the Town of Ave Maria from the north in the vicinity of the proposed park/school or northeast via Camp Keais Road. The applicant has designed the Town of Ave Marie in manner that promotes efficient pedestrian and bicycle movement within and between the community's components. All Internal land use components have been designed and permitted pursuant to the County approved street and pathway standards for the Town. If and when the proposed FPL Trail becomes a reality, the developer will consider a future connection. K. The applicant shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. The location of bus stops and transit access points shall be planned and integrated with the Town's bicycle and pedestrian plan. Roadways within the town have specifically been designed to accommodate transit service. Specific stops and access points can be accommodated if and when the County elects to run service into the Town of Ave Maria. The developer will coordinate with Collier Area Transit as to the appropriateness of such locations. L. The Collier County Board of County Commissioners may consider options to the conditions of this Development Order to the extent that the options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. 0 Whatever options are exercised, may be done without amending this Development 2A however, shall be done with the understanding that the following conditions shall be met r� 1. The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of impact fees and /or a proportionate share. 2. No development will be permitted beyond that approved for termination of the Development Order (Year 2020) or based on a land use conversion that exceeds substantial deviation thresholds until such time as a Notice of Proposed Change /Substantial Deviation application including a cumulative transportation analysis has been reviewed and approved in accordance with Chapter 380.06(19), Florida Statutes. To date, no alternative development order transportation conditions have been considered. 10 12A APPENDIX 11 N Intersection Name: Aw Maria Blvd N of Oil Well Rd Start Dab: 6/28010 Start Tinre: 12A0:00 PM Bite Coda: 130130900000 Station ID: 030002121100 Loealbn 1: AVE MARIA MO OIL WELL RD. Location 2: NAPLES, FLORIDA Date Time 2 ' 6012010 12:00 PM 13 13 26 6!1/2010 12:15 PM 8 7 15 622010 12:30 PM 15 7 22 622010 12:45 PM 8 11 19 8/2/2010 01:00 PM 8 14 22 822010 01:15 PM 9 11 20 602010 0130 PM 4 7 11 622010 01:45 PM 10 12 22 622010 02:00 PM 8 11 19 822010 02:15 PM 7 7 14 622010 02:30 PM 11 11 22 688010 02:45 PM 12 13 25 628010 03:00 PM 10 9 19 628010 03:15 PM 17 10 27 62@010 03:30 PM 9 19 28 622010 03:45 PM 11 11 22 628010 04.00 PM 7 18 25 688010 04:15 PM 4 11 15 6812010 0430 PM 22 6010 0445PM 682010 05,00 PM .` :• - s „ _,.. 32 688010 0515PM 622010 05130 PM 10 10 20 622010 05,45 PM 8 13 21 fi2J2010 0890 PM 9 9 18 620010 06:15 PM 6 6 12 6OM10 06:30 PM 5 4 9 622010 06:45 PM 6 1 7 622010 07:00 PM 5 6 11 622010 07:15 PM 9 5 14 622010 07:30 PM 5 6 11 622010 07:45 PM 6 8 14 622010 08:00 PM 2 2 4 62/2010 08:15 PM 5 4 9 622010 08:30 PM 1 5 6 62010 08:45 PM 2 1 3 622010 09:00 PM 1 0 1 622010 09:15 PM 2 0 2 622010 0930 PM 1 2 3 822010 09:45 PM 5 1 6 6/22010 10:00 PM 3 2 5 602010 1 0:15 PM 2 2 4 822010 10'30 PM 0 1 1 622010 10:45 PM 2 0 2 62/2010 11:00 PM 1 0 1 622010 1115 PM 2 2 4 60MIO 11:30 PM 2 0 2 602010 11 AS PM 0 0 0 8/32010 12:00 AM 0 0 0 6r312010 12:15 AM 1 0 1 632010 1230 AM 0 1 1 8r'J2010 12:45 AM 2 0 2 6/30010 01:00 AM 1 1 2 650010 01 :15 AM 0 0 0 &32010 01:30 AM 0 0 0 632010 01:45 AM 1 1 2 6/32010 02:00 AM 0 0 0 6132010 02:15 AM 0 0 0 632010 02:30 AM 0 0 0 6/312010 02:45 AM 1 0 1 WWI0 03:00 AM 1 0 1 6/32010 03:15 AM 1 0 1 832010 03:30 AM 0 1 1 632010 03:45 AM 0 1 1 6/312010 04:00 AM 0 0 0 632010 04:15 AM 0 1 1 6/32010 04:30 AM 0 2 2 6r'J2010 04A5 AM 0 0 0 32 &010 05:00 AM 0 0 0 0132010 05:15 AM 1 2 3 61312010 05:30 AM 2 2 4 &30010 05:45 AM 1 3 4 6/32010 06:00 AM 1 1 2 6132010 06:15 AM 4 2 6 61312010 06:30 AM 6 4 10 632010 0645 AM 13 4 17 6132010 07:00 AM 2 5 7 632010 07.15 AM 12 0 12 61312010 07:30 AM 18 8 26 6/312010 07:45 AM 24 10 34 61312010 08:00 AM 12 12 24 6132010 08:15 AM 10 5 15 W=10 06:30 AM 24 4 28 8/312010 08:45 AM 22 9 31 6/32010 09:00 AM 18 6 24 &32010 09:15 AM 22 4 26 &30010 0930 AM 11 9 20 320 610 09.45 AM 7 8 15 632010 10:00AM 11 9 20 6132010 10:15 AM 12 18 28 61321110 10;30 AM 6 6 12 32 8010 10:45 AM 16 10 26 61312010 11:00 AM 9 9 18 632010 11 15 AM 11 8 19 6132010 11-30AM 10 5 15 6/32010 11:45 AM 17 8 25 613 569 1182 ao M. Fm to a a a a a a a a a a a a °° o 0 0° o g o ° °° -. Ave Maria Blvd. 96 4 96.25% 3.75% L 12.50% 4 28 87.50% Oil Welf Road 12A ^^– ^antenna N8 — Umne 56 Total Note: Turning Movement distibubois were established by TMCs taken on May 26. 2010 by Wilsowaler. Inc. 2444our Directional Counts taken by FTE, Inc. June 2 6 3, 2010 W Imenection Nam: Pope John Blvd IN of Camp Kann Start Oats: 6/22010 Start Time: 12:00:00 PM SRO Coda: 130017020000 Station 10: 030001321100 LocaOOn 1: POPE JOHN BLVD VAO CAMP KEARS Location 2: NAPLES, FLORIOA Dale Time 622010 12:00 PM 5 6 11 622010 1215 PM 11 14 25 622010 1230 PM 7 6 13 622010 1245 PM 16 6 22 22 6010 0100 PM 10 8 18 622010 01:15 PM 7 8 13 622010 01.30 PM 5 2 7 622010 01:45 PM 8 14 22 622010 02:00 PM 11 3 14 6212010 02:15 PM 2 4 6 61212010 02:30 PM 8 10 18 6122010 02:45 PM 4 5 B 622010 0300 PM 6122010 03 15 PM - 6/22010 03:30 PMq., -. 622010 03AS PM • a -:_ 622010 04:00 PM 8 5 13 622010 04:15 PM 10 6 16 622010 04:30 PM 10 3 13 622010 WAS PM 5 7 12 622010 05:00 PM 9 1 16 622010 05:15 PM 12 5 1 Y 6722010 05:30 PM 5 6 11 62/2010 05:45 PM 5 1 6 622010 06:00 PM 4 6 10 622010 06:15 PM 4 3 7 622010 06:30 PM 5 6 11 622010 06:45 PM 3 4 7 622010 07:00 PM 5 4 9 622010 0775 PM 2 2 4 622010 0730 PM 1 3 4 622010 07:45 PM 4 2 6 622010 08:00 PM 5 2 7 622010 08:15 PM 3 1 4 6212010 06:30 PM 0 1 1 622010 08;45 PM 0 4 4 622010 09:00 PM 2 1 3 0112010 09:15 PM 0 2 2 622010 09:30 PM 1 0 1 822010 09:45 PM 0 1 1 822010 10100 PM 1 1 2 &22010 10:15 PM 0 0 0 622010 10:30 PM 0 0 0 622010 WAS PM 0 1 1 22 6010 11:00 PM 0 0 0 622010 11:15 PM 1 0 1 622010 11:30 PM 0 0 0 622010 1145 PM 0 1 1 6732010 12:00 AM 0 0 0 6/32010 1275AM 0 0 0 6/32010 12:30 AM 0 0 0 6/32010 12:45 AM 0 0 0 6/312010 01.00 AM 0 0 0 6/3/2010 01:15 AM 0 0 0 81320/0 01:30 AM 0 0 0 61.22010 01:45 AM 0 0 0 6/22010 02:00 AM 0 0 0 61312010 0215 AM 0 0 0 6'3/2010 02:30 AM 0 0 0 67312010 0245 AM 0 0 0 6/312010 03:00 AM 0 0 0 6/312010 0375AM 0 0 0 6132010 0130 AM 0 0 0 6132010 03:45 AM 0 0 0 6/372010 04;00 AM 0 1 1 6/32010 04:15 AM 0 0 0 6732010 04:30 AM 0 0 0 6/3/2010 04:45 AM 1 1 2 6!311010 05:00 AM 0 0 0 61312010 05:15 AM 0 0 0 6132010 05:30 AM 1 7 8 613/2010 05:45 AM 1 4 5 6!372010 06:00 AM 0 3 3 61371010 06:15 AM 1 5 6 6132010 06:30 AM 3 8 11 6/3/2010 08:45 AM 3 7 10 6/22010 07:00 AM 4 10 14 6132010 07:15 AM 8 4 12 6132010 0730AM 6 22 28 6/312010 07:45 AM 10 11 21 6732010 08:00 AM 17 6 23 61&2010 06; 15 AM 7 7 14 6/3/2010 08;30 AM 6 2 8 6121010 08:45 AM 3 7 10 6732010 09:00 AM 6 13 19 6/32010 0?15AM 6 3 9 6/32010 09:30 AM 4 9 13 67312010 09:45 AM 10 6 16 61372010 1000 AM 9 11 20 6132010 10:15 AM 12 19 31 6/3/2010 10:3D AM 8 11 19 6/3/2010 10:45 AM a g 17 67372010 11:00 AM 3 8 17 6132010 11;M 15 A 11 9 20 6132010 11.30 AM 7 18 23 6/22010 11 e5 AM 17 9 26 425 423 848 3S 10 8 8 0 8 a a a a a a a a a a a a a o a o 9 o g g o S .... o o g o 0 o g g o o ffi o Camp Koala Road 26 100% 52 98% 2 4% Pope John Paul 11 Blvd. 0 — EAting E6 ��Entning WE Tway Total Note Turning Movement disbbubons were established by TMCS taken on May 26. 2010 by YAlsonUdler, Inc 24 -How Oirecbonal Counts taken by FTE. Inc June 2 8 3, 2010 12A ® 1,2A Wilsonmiller New Directions In Planning, Design & Engineering EXHIBIT I Ave Maria University and Town Wildlife Impact Evaluation Report 2 For Compliance with Item G.11 of the Development Order for the Town of Ave Maria Prepared for: Ave Maria Development, LLLP 2600 Golden Gate Parkway, 2nd Floor Naples, Florida 34105 Prepared by: WilsonMiller, Inc. 3200 Bailey lane Suite 200 Naples, Florida 34105 June 2010 Offices strategically located to serve our clients 800.649.4336 wilsonmiller.com TABLE OF CONTENTS 1. INTRODUCTION 12A J, , ................................. 2. SURVEY METHODOLOGY .................... ............................... ............... ............................... """" 3. RESULTS AND DISCUSSION 5. SUMMARY AND CONCLUSIONS .... ..........." " " " " " " "'• "••• " " " """ TABLES Table 1 — Data and Observations for Roadkill Recorded on Oil Well Road from Camp Keais Road to Everglades Blvd. Table 2 - Data and Observations for Roadkill Recorded on Camp Keais Road from Oil Well Road to Immokalee Road Table 3 — Roadkill Species Recorded, May 12 -21, 2010 Table 4 - Collier County Average Daily Traffic (ADT) Data GRAPHS Graph 1 — Frequency Distribution for Cumulative Roadkills Recorded on Camp Keais Road Graph 2 — Frequency Distribution for Cumulative Roadkills Recorded on Oil Well Road from Camp Keais Road to Everglades Boulevard. EXHIBITS Exhibit 1 — Wildlife Impact Evaluation Location Map Exhibit 2 - Cumulative Roadkill Locations Along Oil Well and Camp Keias Road (2010) Exhibit 3 - Copy of Page 40 from the 2006 East Collier County Wildlife Movement Study SR 29, CR846, and CR 858 Wildlife Crossing Project (data collected over 9 month period during a total of approximately 90 surveys Exhibit 4 - Proposed Wildlife Impact Evaluation Protocol 6W=10 - 21&W - Vw, 1 - Wow 037WO13.OM - PW Pd( - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 1 1. INTRODUCTION During May 2010 WilsonMiller ecologists Bruce Layman, Tom Trettis, and Craig Schmittler performed the field data collection for the Wildlife Impact Evaluation as required by Transportation Condition G.11 of the Development Order for the Town of Ave Maria. This report documents the results of that evaluation. 2. SURVEY METHODOLOGY The methodology used for gathering roadkill data for this study followed many of the same standards reported in the East Collier County Wildlife Movement Study SR 29, CR846, CR 858 Wildlife Crossing Project, by Reed F. Noss, Ph.D and Daniel J. Smith, Ph.D., December 2006. The above - mentioned Study involved seven sections of roadways in eastern rural Collier County, whereas this Wildlife Impact Evaluation includes just two sections of roadway: 1. Camp Keais Road from Immokalee Road to Oil Well Road, and 2. Oil Well Road from Camp Keais Road to Everglades Boulevard. There is no baseline data for Camp Keais Road in the Noss and Smith study mentioned above. There is also no baseline data available for a portion of the Oil Well Road section in the area from Oil Well Grade Road to Everglades Boulevard. The Noss and Smith study was conducted over a period of nine months with over 90 surveys. This study occurs over a period of two weeks with three surveys conducted per week. Data was collected for the road surface and immediate shoulders from a vehicle traveling no faster than 40 mph. Parameters recorded include: date and time of day of data collection, the GPS location of each roadkill, species of roadkill, approximate age if discernable, traffic lane direction, animal direction of travel if discernable, and lunar phase and weather conditions since the last data collection event. After data collection, each roadkill item was marked with orange or red paint to avoid double counting. 3. RESULTS AND DISCUSSION Table 1 below lists the field data collected along Oil Well Road from Camp Keais Road to Everglades Boulevard, and Table 2 below lists the field data collected along Camp Keais Road from Oil Well Road to Immokalee Road. Table 4 below lists average daily traffic (ADT) counts at stations along Camp Keais Road and along the far western end of Oil Well Road just east and west of the Big Cypress Elementary School. Roadkill data was collected three days per week over a two -week survey period. The data in Tables 1 — 3 represents observations made in 2010, whereas the data in Graphics 1 & 2 represents the i 2a Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 11 6X73@010 - 21 &M - Var t - Smr_ 6.0 037813 -003 - PW RK . 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 2 cumulative total of observations beginning with the 2008 survey effort. The source data for the graphics are located in WilsonMiller Document No. 218605. Table 1 — Data and Observations for Roadkill Recorded on Oil Well Road from Camp Keais Road to Everglades Blvd, May 2010. Date Time Moon Weather – Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/12/10 0943 New Wind approx E 2617.6063 Glass 1 -2 days moon 5 -10 mph, lizard 70s, clear skies 81 31.7205 05/12/10 0943 New moon Wind approx 5 -10 mph, E 2617.6063 Red rat 0 -1 Hour 70s, clear snake skies 81 31.7093 05/12/10 1102 New moon Wind approx 5 -10 mph, W 26 17.6446 Glass 1 -3 days 70s, clear lizard skies 81 27.9430 05/12/10 1110 New moon Wind approx 5 -10 mph, W 2617.6298 Hawk— 70s, clear i 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 3 Date Time Moon Weather — Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/19/10 0912 Waxing Wind 0 -3 E 2617-6233 Toad 12 -24 Hours Crescent mph, 82 Clear skies 81 29.6133 05/19/10 0925 Waxing Wind 0 -3 E 26 17.6250 Toad(s) 12 -24 Hours Crescent mph, 82 Clear skies 81 29.5400 2 05/19/10 0938 Waxing Wind 0 -3 E 2617-6250 Unident. 12 -24 Hours Crescent mph, 82 Clear skies 8129.2783 Frog 05/19/10 0945 Waxing Wind 0 -3 W 26 17.6250 Com 12 -24 Hours Crescent mph, 82 Snake Clear skies 81 29.2383 05/19/10 0950 Waxing Wind 0 -3 E 2617.6250 Leopard 12 -24 Hours Crescent mph, 82 Frog Clear skies 81 29.2367 05/19/10 1010 Waxing Wind 0 -3 E 2617-6617 Toad 12 -24 Hours Crescent mph, 82 Clear skies 81 26.5750 6'0912010 - 218M - Vw,, 1 - SM11w 0378fr013 -= - PW RK - 32351 Direction of travel of animal South 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 4 Date Time Moon Weather — Traffic GPS Species Approx. age phase present and lane coordinates of carcass conditions direction and animal since last survey 05/20/10 0930 Waxing No Wind, E 2617.6250 Toad & 12 -24 Hours Crescent 81, Clear unident. Skies frog 81 29.4900 05/20/10 0940 Waxing No wind, 81, W 2617-6267 Mouse 12 -24 Hours Crescent Clear Skies 81 29.9150 05/20/10 0945 Waxing No wind, 81, W 2617-6250 Leopard 12 -24 Hours Crescent Clear Skies Frog 81 29.9283 05/21/10 0803 First No wind, 75, W 26 17.6617 Raccoon 12 -24 Hours Quarter Clear Skies 81 26.8033 05/21/10 0818 First No wind, 75, W 26 17.6117 Rabbit 12 -24 Hours Quarter Clear Skies 8131-5833 f/GM10 - 219292 - V *r: 1 - SMNW (137U-013-OW • PWRK - 32361 Direction of travel of animal 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 5 Date Time Moon Weather — Traffic GPS Species phase present and lane coordinates conditions direction since last survey 05/12/10 1022 New moon Wind approx N 26 21.0924 Turkey 5 -10 mph, 70s, clear skies 8121-0037 05/12/10 1035 New Wind approx S moon 5 -10 mph, 26 21.2193 Black 70s, clear snake skies 8125.0002 (spp. unknown) 05/12/10 1041 New Wind approx S moon 5 -10 mph, 26 20.5275 Red rat 70s, clear snake skies 81 25.0078 05/12/10 1052 New Wind approx S moon 5 -10 mph, 2617.7439 Garter 70s, clear snake skies 81 24.9541 05/13/10 0940 New Wind approx S moon 5 -10 mph, 26 17.8520 0 possum 70s, clear skies 81 24.9500 05/19/10 1026 Waxing Wind 0 -3 N 26 17.8750 Cotton Crescent mph, 82 mouth Clear skies water 81 24.9500 moccasin 05/19/10 1035 Waxing Wind 0 -3 N 26 18.7650 Pig Frog Crescent mph, 82 Clear skies 81 24.9700 603/2010.218292 - Vat, 1 - SMiNN 03786013.003 - V W RK • 32381 Approx. age Direction of carcass of travel and animal of animal 1 day 1 -3 days 1 day 1 -3 days ' ? 12 -24 Hours I ? 12 -24 Hours I South 12 -24 Hours I South 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 6 Date Time Moon Weather — Traffic GPS Species phase present and lane coordinates conditions direction since last survey 05/19/10 1046 Waxing Wind 0 -3 N 26 20.7417 Leopard Crescent mph, 82 Frog Clear skies 8125-0033 05/19/10 1055 Waxing Wind 0 -3 N 26 21.0800 Black Bird Crescent mph, 82 Clear skies 81 25.0033 05/19/10 1104 Waxing Wind 0 -3 S 2621-4067 Striped Crescent mph, 82 Mud Turtle Clear skies 81 24.9933 05/19/10 1110 Waxing Wind 0 -3 S 26 21.6700 Rabbit Crescent mph, 82 Clear skies 81 25.0000 05/20/10 0820 Waxing Wind 0 -3 S 26 21.6817 Pig Frog Crescent mph, 82 Clear skies 81 25.0033 05/20/10 0827 Waxing Wind 0 -3 N 26 21.5267 Bullfrog Crescent mph, 82 Clear skies 81 25.9983 05/20/10 0842 Waxing Wind 0 -3 N 2621-4033 Leopard Crescent mph, 82 Frog Clear skies 81 24.9650 05/20/10 0850 Waxing Wind 0-3 N 26 21.2633 Opossum Crescent mph, 82 Clear skies 81 24.9617 618MI0 - 218282 - Ve.: t - SMMIw 03786.0134003 - PW RK - 32351 Approx. age Direction of carcass of travel and animal of animal 12 -24 Hours I East 1 -2 days 12 -24 Hours I East 1 -2 days 12 -24 Hours I E 12 -24 Hours I W 12 -24 Hours 12 -24 Hours J S Table 3: Roadkill Group Name Birds Small AMDh mammals BPo.Y2010 ' 218M - VW; 1 - SMW. 03788-013 -003 - PWPo( - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 7 12-21,2010 vo Brewer's blackbird Eu ha us c Hawk Bute:) spp, Vir inia o ossum Didel his vir Raccoon I Procyon lotor Rabbit S /viva us SPI Mouse „e.,,,- ...,�.,_., ovuinern ieo ara trog Bull frog Rana s henoce hale Rana catesbeiana Toad Bufo spp. Striped mud turtle Kinostemon bauri Black snake genus unknown Ever lades rat snake Garter snake Ela he obsolete rossalluni Thamno his sirtalis s. Water moccasin Glass lizard A kistrodon iscivorous C. O hisaurus ventralis Corn snake ►,.,tie ,........_ H, 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 8 Table 4 — Collier County Average Daily Traffic (ADT) Data o m 2003 ADT 2004 ADT 2005 ADT 2007 2008 2009 Change 08- N °c (See (See (See 2008 ADT ADT (See ADT ADT 09 (sea Note 2001 2002 Note Note Note Note 3) Location ADT ADT 1 1 1 NAe 1 Camp Keais 1 Rd south of Immokalee Rd (CR 846) E Oil Well Rd (CR 858) east of Big Cypress E Oil Well Rd (CR 858) east of Immokalee 724 S Rd CR 846 6 390 6,667 8.124 Oil Well Rd (CR 8585) east of Immokalee Rd 649 Q (CR 846) 3 1,534 1 •54.3 % 6,119 1 6,788 1 7 289 I 1 7 050 1 7,205 I 2.8% 11,629 1 9,587 1 6,587 1 9,188 28.3 Notes: 1. No ADT is listed for stations having an anomaly. There were a total of fifteen (15) roadkills along Camp Keais Road from Immokalee Road to Oil Well Road and a total of seventeen (17) roadkills along Oil Well Road from Camp Keais Road to Everglades Boulevard during this 6 -day survey over a period of two weeks in 2010. The Noss and Smith study reported a total of 31 roadkills along Oil Well Road over a nine month period with approximately 90 surveys. The Noss and Smith Study only surveyed half the distance along Oil Well Road that the applicant is required to survey, traveling only as far west as Oil Well Grade Road. Camp Keais Road was not included in the Noss and Smith Study either. Data from the Noss and Smith Study indicates that approximately 0.34 roadkills per survey or 2.1 roadkills per six surveys occurred along the `tiniest Oil Well Road" section, however, their Study also reported that roadkills were highest during the months of December, GM=010 - 218292 - ver 1 - SMak. 03786-013-OM - PWAK . 32351 12p Ave Maria University and Town Wildlife Impact Evaluation Report 2 Page 9 January, April, May and July. Data collected specifically during the month of May, and specifically along Oil Well Road from Camp Keais Road to Oil Well Grade Road or to Everglades Boulevard as is the case for the WilsonMiller survey, is not presented in the Noss and Smith Report, and may reveal a higher number of roadkills during May than the nine -month roadkill average of 2.1 roadkills per every six (6) surveys. Data collected during WilsonMiller's six (6) surveys during May 2010 yielded four (4) roadkills within the same section of roadway surveyed during the Noss and Smith Study. Thirteen (13) roadkills were observed in the additional section of Oil Well Road from Oil Well Grade Road to Everglades Boulevard, though there is no baseline data in the Noss and Smith study by which to compare this extra section of roadway or the Camp Keais Road section. Five out of 32 roadkills occurred adjacent to forested wetlands, five adjacent to a forested wetland and row crops or orange grove, three adjacent to rural residential, and 19 adjacent to citrus groves or fallow pasture. It should be noted that Oil Well Road expansion was under construction for the duration of the survey. Reduced traffic speed or wildlife avoidance or attraction could affect survey results; however, these factors were not quantified. The average daily traffic (ADT) count for conditions that were current during the Noss and Smith Study were reported as 6,788 ADT in 2005 at recording station #725 located just east of the Big Cypress Elementary School entrance. The most recent available data for this station since 2005 is the 7,205 ADT reported for 2009 (see Table 4) demonstrating a slight increase in the traffic count from the previous year. It is important to note that the Big Cypress Elementary School is located approximately 9 miles from the western extent of this WilsonMiller survey along Oil Well Road (approx. 6 miles as the crow flies) and approximately 14.5 miles (approx. 11 miles as the crow flies) from the southern limits of this survey where Camp Keais Road meets Oil Well Road. It is believed that Collier County traffic count station #724 was re- numbered #649, and both stations were situated in the same location, just east of the intersection of Oil Well Road and Immokalee Road. Station #649 reported an ADT of 11,629 in year 2006. Station 649 reported a drop in traffic from the ADT of 11,629 in 2006 to an ADT of 9,188 ADT in 2009. There was a slight increase at this station from 2008 to 2009. It is not realistic to assume that the same amount of traffic in the area of both the Big Cypress Elementary School, Corkscrew Elementary and Middle School, and Palmetto Ridge High School and the surrounding Golden Gate Estates and Orange Tree neighborhoods is comparable to traffic in the rural areas within the vicinity of the Ave Maria DRI several miles to the east. It is safe to assume that traffic counts several miles to the east along Oil Well Road and and Camp Keais Road, closer to the areas of this Wildlife Impact Evaluation survey were and are much lower than what has been reported at stations 725, 724 and 649. The closest County traffic count station to Ave Maria is located just east of the entrance to the Ave Maria DRI along Oil Well Road, but it is not yet operational. The next closest known station is #626 along Camp Keais Road just south of the intersection of Camp Keais Road 5/03/4010 - 215292 - VK 1 - 5Mi9ar 03785 -013 -003 • PW RK - 32351 Ave Maria University 2 ers�ty and Town Wildlife Impact Evaluation Report 2 Page 10 and Immokalee Road. This station reported 3,783 ADT in 2006, and 1,534 in 2009 indicating a reduction in traffic. This station and any new active traffic count stations within the study areas of this evaluation should be used as a baseline in place of station 725 during the next Wildlife Impact Evaluation in May 2010. 5. SUMMARY AND CONCLUSIONS Results of this survey are inconclusive because of the lack of any baseline roadkill data. The Noss Study did not include Camp Keais Road from Immokalee Road to Oil Well Road and Oil Well Road from Oil Well Grade Road to Everglades Boulevard. Oil Well Road was under construction for the duration of the 2010 survey. Reduced traffic speed or wildlife avoidance or attraction could affect survey results. However, compared to the 2.1 average number of roadkills along the Noss and Smith "West Oil Well Road" section per six survey days averaged over the nine months and approximately 90 survey days, the four roadkills observed by WilsonMiller during six survey days in May 2010, in the same section of roadway are a close match. However, the Noss and Smith Study reported the highest roadkills in December, January, April, May and July, which may indicate that their average of 2.1 per six surveys may be lower than the actual number of roadkills recorded along west Oil Well Road during the second two weeks of May 2006. n may appear, from comparison of the 2008 and 2010 surveys, that roadkill was significantly more prevalent in 2010. The 2008 survey documented 9 large birds and medium and small mammals, and the 2010 survey documented 8 large birds, turtles and medium and small mammals. Therefore, the increase in roadkill in the 2010 survey was almost entirely due to the inclusion of snake and amphibian roadkill. Many of the roadkills observed by WilsonMiller in May 2010 occurred adjacent to forested habitats where the animals may have been trying to cross the road from one forested area to another. Roadkills along Oil Well Road where it crosses Camp Keais Strand will be largely avoided with completion of the ongoing widening of Oil Well Road, which will provide directional wildlife fencing and two new wildlife crossings under Oil Well Road where it crosses Camp Keais Strand. The data presented in the 2008 and 2010 WilsonMiller reports may be used as a baseline for these road sections during the next required Ave Maria Wildlife Impact Evaluation in May 2012. &0=10 - 216292 - V�r t - S". 00786{113.003 - PWRK - 32351 12p Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 1 — Wildlife Impact Evaluation Location Map 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 2 — Roadkills Recorded on Oil Well Road from Camp Koala Road to Everglades Blvd. and on Camp Koala Road from Immokalee Road to Oil Well Road, Partitioned Into 100 -Meter Road Segments, May 2010 12A I.h ,1rct/o r�1'w "4.. . 11011 a e u.,,,,, ..,, ...,.,,,,,. . -4-4.--- ',,,- ',� ' 'b"4 90 ,.'1 I: P; may$ 1 �0.,::,-,..,.- 1.,.., � ..$' �-,2`T 3� . � � ""! _.=�=�- lM OKALEE RD - 1 o M;. --'-- - t.,, .t - ,■ 1,1 2 gr 4, , , , , , ,,,,,,w. , _;., , __.____.,,7._,.___, '-:..,.7-----•-,•t•--:--,\‘.,\_/Ve, ,,,ii,-1,r,33 50_ ..____: NI. � - • 2 % i, .,may .- [^ .s m - y,.^. 11 ,r'-°'. } , , F riY `� _ /x'7!1 5 1 1 Y^, t, §7a g »1 , ...e= $�, a s • ,k.a �,, { .,� �� � � O ','''-4 E RAY ��� If 4 7 � L gat %,., - •pp(j' L� ���40,, =S 75 B" 80 � �� � 1. 1 _85 �`__. r � 0 5 19 r 100 t95 90 8S`-8 7 0 65 60 55 50 45' 40 35 30-25 20 t5 10 5 Y rR a t ?F '�a ei 1 � _ r i , ii trvT��t _ -�F"9 "k r t Road Kills i fi YYI�$a,� "Miller ,. �� � ® May 2008&2010 r s� > meter interval m -C. y m 100-meter interval 1 a�..�, .•,m.a +. 5 Ave Maria ORI m 2_ t- 0 Cumulative Ilua�lkill I_ucati41n. n r--� ;�Ittn ; Oil Well anal Camp Kea i; Roads 2010 Aerial , .r` .._...,�.. 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 3 - Copy of Page 40 from the 2006 East Collier County Wildlife Movement Study SR 29, CR846, and CR 858 Wildlife Crossing Project (data collected over 9 month period during a total of approximately 90 surveys GkWO10 - 21!282 • ver: 1 - SMHI&r 83756013-003 - PW RK - 32351 12A 0.18 0.16 0.14 0.12 0.10 0.08 0.06 E .. t^ e 8 2 9 1L N N 2 m 8 Figure 29. Frequency distribution for roadkills recorded on CR 858 west(numbers on x-axis represent 100-m road segments,Fig. 30). .ow 444 a 444,,x»:......, • Rtimpeetraltriesipos AORNiostiliset @ 625 alifiles Viatssessrallile Figure 30.All roadkills recorded on CR 858 west partitioned into 100-m road segments. 38 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 Exhibit 4 - Proposed Wildlife Impact Evaluation Protocol 6ro312010 - 218282 - Vp: t - $mow 03786-013-000 - PW RN - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 PROPOSED WILDLIFE IMPACT EVALUATION PROTOCOL For Compliance with Transportation Condition G.11 of the Development Order for The Town of Ave Maria A. Context: The development order for The Town of Ave Maria stipulates that biennial reports on traffic monitoring and roadway /traffic impacts to wildlife be submitted to Collier County. The first such report is due June 2008. B. Baseline: The baseline conditions are proposed as those in existence prior to August 2006 in the area of the Town of Ave Maria. Roadkill data collected and reported in the report East Collier County Wildlife Movement Study SR 29, CR 846, CR 858 Wildlife Crossing Project, by Reed F Noss, Ph.D. and Daniel J. Smith, Ph.D., December 2006, for portions of Oil Well Road and Camp Keais Road will be deemed indicative of the quantity and type of wildlife mortality generated by baseline roadway /traffic conditions. C. Data Collection: For the purpose of collecting data such that a reasonable evaluation of the trend in roadway/traffic impacts on wildlife in the project area can be made, essentially the same methodology as used in the above - referenced study will be used to collect data for the biennial reports. Specifically, the following methodology will be employed for Oil Well Road from Everglades Boulevard to Camp Keais Road and for Camp Keais Road from Oil Well Road to Immokalee Road: a. Roadkill data will be collected three times a week for two weeks in the month of April 2008 and biennially thereafter b. Data will be collected for the road surface and immediate shoulders c. Surveys will be conducted from a vehicle traveling no faster than 40 mph. d. Data collection parameters will include: i. date and time of day of collection ii. GPS location iii. species iv. approximate age (if discernable) v. traffic lane direction vi. animal direction of travel (if discernable) vii. lunar phase since last data collection event viii. general description of weather conditions since last data collection event e. After specific information is recorded, roadkill will be marked with red paint to avoid double counting fiM&?M 0.218292 - Vsr 1 - SMWN 037 -013 -M - PWRK - 32351 12A Ave Maria University and Town Wildlife Impact Evaluation Report 2 D. Impact Evaluation: data collected will be analyzed and compared to the baseline data sets to determine changes (if any) and trends in wildlife mortality from roadway /traffic impacts. Utilizing the current traffic count numbers, collected as part of this biennial monitoring event, possible correlations between roadkill and traffic count data will be evaluated and discussed. Summary conclusions will be generated and, along with the collected data and analysis, will be provided as part of the monitoring report as required by the development order. 6W M70 - 218292 - Vr: 1 . S% Mlw 03788-013-003 - PW RX - 32351