Backup Documents 09/28/2010 Item #17DCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
Clerk to the Board: Please place the following as a:
X Normal Legal Advertisement Other:
;play Adv., location, etc.)
;inating Dept/ Div: CDES.IPUD Mgnitorin¢ Person: Kay Deselem, AICP Date: 8 //Q
No. (If none, give brief description): DRiCLO- PL2009 -95, Collier Tract 22
(Name & Address): Mr. Bruce Anderson, Roetzel & Andress, 850 Park Shore Drive, Naples, FL 34103
ne & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) : Germain Real Estate
, LLC, 13315 Tamiami Trail N., Naples, FL 34110
Lrine before BCC BZA Other
Hearing date: September 28, 2010 Based on advertisement appearing 15 days before hearing.
to be used: (Complete only if important).
Naples Daily News Other Legally Required
3osed Text: (Include legal description & common location & Size: Petition: DRICLO- PL2009 -95, CDC Land Investments, Inc.,
,esented by R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting an essentially built -out agreement in order to close
the Collier Tract 22 Development of Regional Impact and be relieved of any obligations for the DRI. The property is located at the
beast corner of US 41 and Immokalee Road, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator:
Deselem, AICP, Principal Planner)
ion petition(s), if any & proposed hearing date:
Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
wed by: Q.!• � -�- R E „Q'1 -'1 I
ion Administfator or Designee Date
Attachments:
DISTRIBUTION INSTRUCTIONS
For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
CLERK'S OFFICE USE ONLY: %� /,
Date Received: '_ JII D Date of Public hearing"t Date advertised:', v
Ann P. Jennejohn
17D
From: RamirezHeather [HeatherRamirez @colliergov.net]
Sent: Tuesday, August 31, 2010 3:38 PM
To: Minutes and Records
Subject: DRICLO- PL2009 -095, Collier Tract 22 Legal Ad
Attachments: DRICLO- PL2009 -095 Legal Ad.pdf; DRICLO- PL2009 -095 Reso.pdf; DRICLO- PL2009 -095
Built -Out Agreement - pdf.pdf
Here is the first ad. This one has a Built -Out agreement for attachments. Thanks for your help! O
YfeatherL Ramirez
Planning Technician
Growth Management Division/Operations
Records /Scanning/E- Permitting
Phone: (239)252 -2930
Fax: (239)252 -6366
er Cowtty
Courage is resistance to fear, mastery of fear, not absence of fear.
- Mark Twain
Under Florida Law, e -ma it addresses are public records. If you do not want your (-rn ail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
t '
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE DEVELOPMENT OF REGIONAL IMPACT
CLOSING OUT OF DEVELOPMENT ORDER 91 -3, AS
AMENDED, FOR COLLIER TRACT 22, LOCATED AT THE
NORTHEAST CORNER OF US 41 AND IMMOKALEE ROAD
IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 91 -3 on February 26, 1991, which approved a Development of
Regional Impact Development Order for Collier Tract 22 ( "DRI"); and
WHEREAS, the Board of County Commissioners approved amendments to the DRI in
Resolution Numbers 91 -335 and 94 -295; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order, and
WHEREAS, CDC Land Investments, Inc. desires to closeout the DRI; and
WHEREAS, R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, representing CDC
Land Investments, Inc., petitioned the Board of County Commissioners of Collier County,
Florida, to closeout the DRI; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the report and recommendations of staff and held a public hearing on the petition on
September 28, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the
DRI, as described in the Essentially Built -Out Agreement, attached hereto as Exhibit "A" and
made a part hereof, is hereby approved.
DRICLO- PL2009 -95 / Collier Tract 22
8/27/10 1 of 2
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this day of
2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
Approved as to form
and legal sufficiency:
�t3Q�Q
Heidi Ashton -Cicko
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Attachment: Exhibit A — Essentially Built -Out Agreement
10- CPS - 01017/47
DRICLO- PL2009 -95 / Collier Tract 22
8/27/10 2 of 2
Prepared by and return to:
R. Bruce Anderson
Roetzel dl: Andress, LPA
850 Park Shore Drive
Naples, FL 34103
(239) 261 -6200
ESSENTIALLY BUILT -OUT AGREEMENT
This Essentially Built -Out Agreement ( "Agreement ") is entered into by and between
CDC Land Investments, Inc., a Florida corporation, whose address is 3003 Tamiami Trail North,
Suite 400, Naples, FL 34103 ("Developer "), Collier County, a political subdivision of the State
of Florida, whose address is 3301 Tamiami Trail East, Naples, FL 34112 ( "County "), and the
Florida Department of Community Affairs, whose address is 2555 Shumard Oak Boulevard,
Tallahassee, FL 3 23 99-2 100 ( "DCA "), with reference to the following facts:
RECITALS
A. Developer is the developer of the Collier Tract 22 Development of Regional
Impact (DRI), located within Collier County, encompassing the real property more particularly
described on Exhibit "A" attached hereto (the "Subject Property"), which legal description is
taken from the Development Order (defined below).
B. The County is a political subdivision of the State of Florida.
C. DCA is the state land planning agency responsible for the administration and
enforcement of Chapter 380, Florida Statutes, including those provisions relating to
developments of regional impact ( "DRI ").
D. Pursuant to Section 380.032(3) and 380.06(15)(g)(3), Florida Statutes, DCA is
authorized to enter into agreements as may be necessary to effectuate the provision and purposes
of Chapter 380, Florida Statutes.
E. Developer, the County, and the DCA desire to enter into this Agreement pursuant
to Section 380.032(3), Florida Statutes.
F. The Collier Tract 22 DRI was assigned DRI No. 5- 8990 -105.
G. The County adopted the original Development Order for the DRI as Resolution
91 -207 (DO 91 -3) on February 26, 1991, as amended by Resolution 91 -335 (DO 91-4) adopted
on April 23, 1991, and as further amended by Resolution 94-295 (DO 94 -1) adopted on April 26,
1994 (collectively the "DO "), which approved the following:
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 1 of 6
174,000 Gross Square Feet of Office Commercial Uses
270,000 Gross Square Feet of Retail Commercial Uses
385 Residential Dwelling Units
18 Holes of Golf
on approximately 506 +/- acres of property as more fully described in Exhibit A.
H. The uses and intensities and density of development approved in the DO are the
same as were approved in the "Collier Tract 22" Planned Unit Development Ordinance for the
Subject Property in Ordinance No. 91 -21.
I. The actual development constructed to date is approximately as follows:
136,395 Gross Square Feet of Office Commercial Uses
180,297 Gross Square Feet of Retail Commercial Use
272 Residential Dwelling Units
18 Holes of Golf
J. There is only one parcel that remains vacant, namely, Lot 2, less the westerly 19.3
feet. Riverehase Commons, according to the plat thereof, as recorded in Plat Book 32, pages 20
and 21 of the Public Records of Collier County, Florida, containing approximately 0.89 + / -acres
and allowing 12,000 gross square feet of retail commercial uses. Copies of the deeds which
allocate the original square footage of 22,000 square feet, of which 10,000 square feet have been
constructed, are attached as Exhibit "B"; and
K. The Collier Tract 22 DRI is located in a highly urbanized area of Collier County
designated Urban, Commercial District, Mixed Use Activity Center Subdistrict, on the Future
Land Use Map of the Growth Management Plan.
L. The build- out date for the Collier Tract 22 DRI expired on February 26, 1995
pursuant to Collier County Resolution No. 91 -207 (DO 91 -3); and
M. Based on the above, the existing development represents 72% of the development
authorized by the DO and approximately 0.89 acres of the total laud area remains undeveloped;
and
N. The total remaining land area is contiguous to and part of Collier Tract 22 DRI,
shares common infrastructure, and is presently accessible via constructed roadways; and
O. The Owner wishes to allow the development of the remaining Lots consistent
with the expired DRI and wishes to retain the right to develop or redevelop within the parameters
of the DRI allowances;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
it is hereby agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein as
terms of this Agreement.
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 2 of
a
2. The parties agree that Collier Tract 22 DRI is "essentially built-out", in accordance with
Section 380.06(15)(g)4 a. & b.(II), Florida Statutes; as the land uses and all infrastructure
presently built are consistent with the terms and conditions of the of the DRI DO; the project is
in compliance with all applicable terms and conditions of the DO except the built -out date; all
physical improvements required by the DO have been made; only 30% of the total approved
residential 22% of the proposed commercial office, and 33% of the proposed commercial retail
remains undeveloped; Developer and its assignees retain the development rights ( "Retained
Rights "} to all uses, densities, and intensities previously approved and undeveloped, specifically
the rights to develop:
36,605 square feet of office commercial uses of which 19,401 square feet have not been
assigned to others and are owned by Developer;
89,703 square feet of retail commercial uses, of which 22,146 square feet have not been
assigned to others and arc owned by Developer;
113 residential dwelling units, of which 103 units have not been assigned to others and
are owned by Developer.
3. Notwithstanding the build- out date contained within the expired DO, as amended, DCA
and the County agree that the remaining square footage of Gross Building Area in the unbuilt
areas (Lot 2, as described above) and the amount of Retained Rights do not create the likelihood
of any additional regional impact not previously reviewed and may be developed without further
DRI impact review, subject to the County's comprehensive plan and land use regulations, so long
as the units and/or square footage authorized under the DO are not exceeded. Developer is
relieved of the responsibility to file future DRI monitoring reports. However, Developer and its
future assigns agree to provide a traffic impact statement or traffic data for a Site Development
Plan or amendment, Site Improvement Plan (SIP), Insubstantial Change to a Site Development
Plan (SDPI) or any other development order where approval of the development order would
approve a change in use and which is submitted for any of the Retained Rights, if required by the
County's land use regulations or County staff.
4. Owner asserts and warrants that the information it has presented and the representations
and statements set forth above are true and accurate. Based upon such information and
representation, DCA concludes that this Agreement reasonably applies and effectuates the
provisions and purposes of Chapter 380, Florida Statutes.
5. In the event of a breach of this Agreement or failure to comply with any condition of this
Agreement, or if this Agreement is based upon materially inaccurate information, DCA may
terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11,
Florida Statutes. Injunctive relief shall be granted to the other parties in the event of a breach of
this Agreement or a failure to comply with any condition by another party.
6. This Agreement affects the rights and obligations of the parties under Chapter 380,
Florida Statutes. It is not intended to determine or influence the authority or decision of any other
state or regional agency or the county in the issuance of any other permits or approval required
for the development specifically authorized by this Agreement.
Collier Tract 22 PUD / DRTCLO- PL2009 -095
Revised 9/26/10 3 of 6
7. The terms and conditions of this Agreement shall run with the property more particularly
described in the attached Exhibit "A" and inure to the benefit of and be binding upon the heirs,
personal representatives , and future successors and assigns of the parties hereto. Developer shall
insure and provide that any such successor in interest in and to any lands or parcels or Retained
Rights owned by the Developer affected by this Agreement is bound by the terms of this
Agreement. Developer shall record a notice of this Agreement that complies with Section
380.06($)(a)10, Florida Statutes, and shall provide DCA with a copy of the recorded notice
within 30 days of execution of this Agreement by the last party.
8. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall together constitute one and the same agreement.
9. Any amendment to or modification of this Agreement shall not be ei%ctive unless
contained in writing signed by the parties.
10. The effective date and the date of execution of this Agreement shall be the date that the
last party signs and acknowledges the Agreement.
(Remainder of Page Intentionally Blank)
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 4 of 6
IN WITNESS WHEREOF, the parties, by and through the undersigned duly authorized
representatives have executed this Agreement as of the date(s) set forth below.
DULY PASSED AND ADOPTED THIS day of , 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
(1)
Signature
Print/Typed Name
(2)
Signature
Printed/Typed Name
Approved as to form
and legal sufficiency
\A4rkt o
Heidi Ashton -Cicko
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
CDC LAND INVESTMENTS, INC.
By:
Signature
Collier Tract 22 PUD / MCLO- PL200M95
Revised 8/26/10 5 of 6
Printed/Typed Name
Printedn'yped Tide
(1)
Signature
Print/Typed Name
(2)
Siparurc
PrintedrFyped Name
CP\10- CPS -0101 Buz
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
By:
Signature
Collier Tract 22 PUD / DRICLO- PL20OM95
Revised 8/26/10 6 of 6
Printed(ryped Name
Printecirryped Title
El
0 [�*4&18 _rjv �m.
All that part of Section 22, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the northeast corner of said Section 22; thence South $ 33'39" East along
the easterly line of the Northeast quarter of said Section 22 a distance of 92.28 feet to a
point on the easterly line of those lands described in O.R Book 619, page 1857, said point
being the Point of Beginning of the parcel herein being described;
thence continue South 0* 33139" East along the easterly line of said Section 22 a
distance of 2564.67 feet to the East Quarter comer of said Section 22; thence
South 89' 55'06" West along the east -west quarter section line of said section 22
a distance of 1431.78 feet to an intersection with the easterly right -of -way
Una of the former Seaboard Coastline Railroad;
thence South 5' 57'03" East along said easterly right -of -way line a
distance of 1057.54 feet to the centerline of a Drainage Easement as
described - O.R. Book 185, page 59:
thence South 84' 02157" West along the westerly prolongation of said
centerline a distance of 65.00 feet to an intersection with the
centerline of the right -of -way of the former Seaboard Coastline
Railroad;
thence South 5' 5703" East along said centerline, a distance of 1609.17
feet to an intersection with the southerly line of the Southeast
Quarter of said Section 22, said intersection being a point of the
northerly right -of -way line of Immokalee Road (C.R. 846);
thence South 89' 49'07" West along said southerly line and said
northerly right-of-way line a distance of 1258.12 feet to the South Quarter
corner of said Section 22;
thence South 89' 40107" West along said southerly line and said
northerly right -of - -way line a distance of 552.46 feet to an intersection
with the easterly line of a Florida Power and Light Company Right -
of -Way Easement as recorded in Deed Book 30, pages 27 -34, Public
Records of Collier County, Florida;
thence leaving said northerly right-of-way line North 5 59'23" West along
said easterly line a distance of 25.13 feet to an k tersoction with the rtorerly
right -of -way line of said County Road 846 Ommokalee Road) as recorded In
O.R. Book 1523, pages 1243 and 1244, Public Records of Collier County,
Florida;
thence South W 40'07" West along said northerly right -of -way line a distance
of 703.10 feet;
thence South 8V 5239" West 1501.91 feet;
thence North 84! 25'24" West 503.44 feet;
thence South 89' 52139" West 501.54 feet to an intersection with the
easterly right -of -way line of U.S. 41 (S.R. 45);
thence North 1.04'29" Wort along said easterly right-of-way line a distance of
2588.76 foot to an intasa-tion with the mstrwest quarter section line of said
2010 . Exhibit A Collier Reurve Tract 22
6x OU to Eranttally Bull Out Agreement
Pogo 1 of 3
Section 22;
thence North 89�55'06� Fast along said east -west quarter section line a
distance of 733341bet to the southeast corner of the westerly 110.00 feet of
the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22. said comer being a point on the easterly rigirt-of- -way line of
Cocohatehee Street;
thence North l 'OT31" West along said easterly right of way line a distance
of 959.09 feat to the booming ofa elrmlar came concave southwesterly
whose radius point bears North 49� 42'56" West 40.00 feet;
thence northeasterly, northerly, northwesterly and westerly along the arc of
said circular curve through a central angle of 131 24135" an arc distance of
91.74 feet to an intersection with the easterly line of the westerly 80.00 feet
of the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22;
thence North 010 0731" West along said easterly line a distance of 181
feet more or less to the centerline of Horse Creek;
thence westerly and southwesterly along the centerline of the original
channel of said Horse Crock to a point on the easterly right -of -way line
of U.S. 41 Tamiami Trail (S.R, 45). said point being the intersection
of the northerly line of the West one -half of the Southwest Quarter
of the Northwest Quarter of said Section 22 and said easterly right -of-
way line;
thence North 1* 01'35" West along said easterly right -of -way tine a
distance of 1331.44 feet to an intersection with the northerly line of the
Northwest Quarter of said section 22:
thence North 85* 5734" East along said northerly line a distance of 2520.99
feet to the North Quarter corner of said Section 22;
thence South 89* 59'39" East along the northerly line of the
Northeast Quarter of said Section 22 a distances of 848.95 feet to the
northwest corner of those lands described in O.t Book 619, page 1857;
thence along the boundaries of said lands on the following six courses:
1) South 50 57'03" East 326.16 feet to an intersection with
the are of a circular curve concave nallnvestaly whose
radius point bears North 2246149" West 240.00 feet;
2) thence northeasterly along the arc of said circular curve
through a central angle of 29 44111" an are distance of
124.56 feet;
3) thence North 3729'00' Fat 184.65 feet to the homing of a
circular curve concave southeasterly and having a radius of
160.00 feet;
4) thence northeasterly and easterly along the we of said eircular
save through a central angle of 52 31'02" an arc distance of
146.66 feet;
s) thence South 89' 59'58" East 1137.68 feet to the beginning of a
c7ttoular Cum concave so Andy and having a radlus of 320.00
feet;
2010 FAhibit A Collier Reserve True! 22
Erhlbit to Ersemdady Bud Our Agreement
Page 2 of 3
e) thence easterly and sollffieasterly along the are of said circular
curve through a central angle of 33 1 5'40" an arc distanec
of 185.77 feet to the Point of Beginning of the parcel
herein described;
containing 506± acres of land more or less; subject to easements and restrictions
of record.
2010 FAWblt A COUfeP Reserve rrad 22
.Exhibit to Essentfaffy Bull Out Ageeineat
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170
Acct. #068779
September 1, 2010
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: DRICLO- PL2009 -95; Collier Tract 22 DRI Close -out
Dear Legals,
Please advertise the above referenced notice on Sunday, September 12, 2010
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500096189
17D
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, of
Collier County will hold a public hearing on Tuesday, September
28, 2010, in the Boardroom, 3rd Floor, Administration Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT
CLOSING OUT OF DEVELOPMENT ORDER 91 -3, AS AMENDED, FOR
COLLIER TRACT 22, LOCATED AT THE NORTHEAST CORNER OF US 41
AND IMMOKALEE ROAD IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA.
Petition: DRICLO- PL2009 -95, CDC Land Investments, Inc.,
represented by R. Bruce Anderson, Esquire of Roetzel and Andress,
LPA, is requesting an essentially built -out agreement in order to
close out the Collier Tract 22 Development of Regional Impact and
be relieved of any obligations for the DRI. The property is
located at the northeast corner of US 41 and Immokalee Road, in
Section 22, Township 48 South, Range 25 East, Collier County,
Florida.
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
17D
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252 -8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17D
11C'1'11nt 'f— Cc -llier
CLERK OF THE (JRC:,TIT COURT
Dwight E. Brock COLLIER COUNTY COURtHOUSE
3301 TAMIAMI'AIL EAST Clerk of Courts
Clerk of Courts P.O. BOX 40044 Accountant
NAPLES, FLORIDA 14101 -3'44 Auditor
A Custodian of County Funds
September 1, 2010
R. Bruce Anderson
Roetzel and Andress, LPA
850 Park Shore Drive
Naples, FL 34103
Re: DRICLO- PL2009 -95; Collier Tract 22 DRI Close -out
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 28, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 12, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jenn
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.colliercierk.com Email: collierclerk @collierclerk.com
of C c'llier
CLERK OF THE CIRC�TI
Dwight E. Brock COLLIER COUNTY COURTP
Clerk of Courts 3301 TAMIAMI (NAIL EA
P.O. BOX 413044
NAPLES, FLORIDA-4101 -3
g
September 1, 2010
Germain Real Estate, Co., LLC
13315 Tamiami Trail N.
Naples, FL 34110
COURT
Re: DRICLO- PL2009 -95; Collier Tract 22 DRI Close -out
Dear Property Owner:
170
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 28, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 12, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(P-C._
Ann Jen ,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.colliercierk.com Email: collierclerk @collierclerk.com
17o
Ann P. Jennejohn
To: Naples Daily News Legals
Subject: DRICLO- PL2009 -95 Collier Tract 22 DR] Close -out
Attachments: DRICLO-PL2009-95.doc; DRICLO- PL2009- 95.doc
Hi there,
Please advertise the attached on Sunday, September 12, 2010.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
l7D
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Wednesday, September 01, 2010 4:10 PM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT179985.txt; DRICLO- PL2009 -95 Collier Tract 22 DRI Close -out
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals @naplesnews.com
17n
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, September 02, 2010 8:47 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UASSCB.jpg
ATTACHED please REVIEW notice & confirm APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
PUB. Date SEPT. 12, 2010
Publication NDN
Ad Number 1867464
Total Ad Cost $285.18
Emely Pagan
239 - 213 -6061
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 1 TD
Notice is hereb given that the Board of Coun Corr missioners, of Collier County
will hold.a pubfic hearing o n Tuesday, September 28, 2010, in the Boardroorn, 3rd
Floor, A dministration !gilding, Collier Count� Government Center, 3311 East Ta
miami Trail, Maples, Florida. The meeting wl,ll begin at 9,00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF C'OUNTY,CC1f�1MISSIONER$ CAF' COLLIER.COUNTY.
FLORIDA, APPROVING THE DEVELOPMENT bF REGIONAL IMPACT CLC�51NG OUT OF
DEVELOPMENT ORDER 91 -3g AS A MENDED, FOR.COLLIER TRACT 22, LOCATED AT
THE NORTHEAST CORNER OF US 41 AND IMMOXALEE ROAD IN SECTiON 22,
TOWNSHIR 48 SOUTH, RA1,1Gf 25 EAST. COLLIER COUNTY, FLORIDA.
Petition: DRICLt 7131_2 09 -95. CDC Land Investments. Inca represented by R. Bruce
Anderson, Esgrrrire of Roetzel and Andress, LRAM, is reqwesting an essenti.ally built-
out agro=ement in 'girder try close out t.h€ Collier Tract 22 lieveio�pment of Regional
Impact and be relieved of anyf obligations ror the DR.L. The property is, ' located at
the 'northeast corner of US 41 and Immokaleoe Road. in Section 22, Township
South, mange 2S East, Collier County, Florida.
Aw copy of the proposed Resolution is on file with the Clerk to the Board and is
available for impection., All interested parties arse invited to attend and be heard:
NOTE- All persons wishing to speak on any agenda item must register with the
Count Administrator prior to presentation or tote agenda item To .be addressed'.
Individtjal speakers will be limited to 3 minutes on any rt4m The selection of an In
Aiv dual to speak on behalf of art organization or group is encouraged, ecog-
nized �, If recog-
nized by the'Chair, a spokesperson Tor a group,o�r organization maybe allotted 10
Minutes tc speak on an item..
Persons wishing to have written or graphic maTerials included in The Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearri}g in any case, written materials intended to be considered by the
Board shall be, submitted to the appropriate County staff a minimum of seven days
prier to the public hearing. All material used 'in presentations before the Board
will become a_ permanent part of the record.
Any person who deddes t=o appeal a decision of the Board will need, a. record of the
proceedings, pertaining thereto and Therefore, may, need to ensure that a verbatim
record of the proceedings is made, which record irncludes the testimony and evi-
Bence upon which the appeal is based,
If you are a pper n.t irth a disability whoa needs any accor�nmodation in order to par- -
tiecr ate in this preaceeding, you are entitled, at no cast. to yoi.r, TO the provision of
al assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3301 Tamiami Trail East, Buildfnq VV, Maples, Florida 34112,
(23,9)252 -8380 Assisted Ii tenincg devices for the hearing impaired are available in
the County Commissioners' Officie:
BOARD OF COUINTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W Coyle; CHAIRMAN
DWIGHT E BROCK, CLERK
By: ,inn .Iennejohn, Deputy Clerk
(SEAL)
September 12.;2010 No1867464
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Tracy Reeve, who on oath says that she serves
as the Senior Accountant of the Naples Daily News,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on September 12, 2010
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Signature of affi
Sworn to and subscribed before me
This 15th day of September, 2010
�amj f
(Signature of notary public)
arc . u
KAkOL E KAfut:AS
Notary Pub!ic - State of Florida
My Comm. Expires Jul 29, 2013
Commission # DD 912237
17D
as no cost to you, to the
Hit ,- S Tsiii1 T*
am, 8s n Sl devfdOS fbi the lMppe!n9 a mila3bllle n
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SX7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original docurnent. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Ian Mitchell (line 95).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
I.
September 28, 2010
Agenda Item Number
17D
2.
Original document has been signed /initialed for legal sufficiency. (All documents to be
3.
^
Resolution OI O
Nmnber of Original
1 original
4.
` V
Documents Attached
5. Ian Mitchell, Executive Manager
Board of County Commissioners
fa
''2lla
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary . Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Heidi Ashton- Cicko, Assistant County
Attorney
Phone Number
252 -8400
Agenda Date Item was
September 28, 2010
Agenda Item Number
17D
Approved by the BCC
Original document has been signed /initialed for legal sufficiency. (All documents to be
Type of Document
^
Resolution OI O
Nmnber of Original
1 original
Attached
` V
Documents Attached
INSTRUCTIONS & CHECKLIST
I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03 04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all patties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
r �,
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6:
1 s on- tc o
I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03 04
17D
RESOLUTION NO. 10 -19 0
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE DEVELOPMENT OF REGIONAL IMPACT
CLOSING OUT OF DEVELOPMENT ORDER 91 -3, AS
AMENDED, FOR COLLIER TRACT 22, LOCATED AT THE
NORTHEAST CORNER OF US 41 AND IMMOKALEE ROAD
IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 91 -3 on February 26, 1991, which approved a Development of
Regional Impact Development Order for Collier Tract 22 ("DRI"); and
WHEREAS, the Board of County Commissioners approved amendments to the DRI in
Resolution Numbers 91 -335 and 94 -295; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, CDC Land Investments, Inc. desires to closeout the DRI; and
WHEREAS, R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, representing CDC
Land Investments, Inc., petitioned the Board of County Commissioners of Collier County,
Florida, to closeout the DRI; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the report and recommendations of staff and held a public hearing on the petition on
September 28, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the
DRI, as described in the Essentially Built -Out Agreement, attached hereto as Exhibit "A" and
made a part hereof, is hereby approved.
DRICLO- PL2009 -95 / Collier Tract 22
8/27/10 1 of 2
Board.
170
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this ,Z1 iS rk day of
2010.
ATTEST:
DWIGHT E.:8�0CKa:CLERK
Approved as to form
and legal sufficiency:
__1"' C in
Heidi A hton -CAo
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairma
Attachment: Exhibit A — Essentially Built -Out Agreement
10- CPS - 01017/47
DRICLO- PL2009 -95 / Collier Tract 22
8/27/10 2 of 2
170
Exhibit A
Prepared by and return to:
R. Bruce Anderson
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, FL 34103
(239) 261 -6200
ESSENTIALLY BUILT -OUT AGREEMENT
This Essentially Built -Out Agreement ('Agreement ") is entered into by and between
CDC Land Investments, Inc., a Florida corporation, whose address is 3003 Tamiami Trail North,
Suite 400, Naples, FL 34103 ('Developer "), Collier County, a political subdivision of the State
of Florida, whose address is 3301 Tamiami Trail East, Naples, FL 34112 ('County "), and the
Florida Department of Community Affairs, whose address is 2555 Shumard Oak Boulevard,
Tallahassee, FL 32399 -2100 ( "DCA "), with reference to the following facts:
RECITALS
A. Developer is the developer of the Collier Tract 22 Development of Regional
Impact (DRI), located within Collier County, encompassing the real property more particularly
described on Exhibit "A" attached hereto (the "Subject Property"), which legal description is
taken from the Development Order (defined below).
B. The County is a political subdivision of the State of Florida.
C. DCA is the state land planning agency responsible for the administration and
enforcement of Chapter 380, Florida Statutes, including those provisions relating to
developments of regional impact ("DRI").
D. Pursuant to Section 380.032(3) and 380.06(15)(g)(3), Florida Statutes, DCA is
authorized to enter into agreements as may be necessary to effectuate the provision and purposes
of Chapter 380, Florida Statutes.
E. Developer, the County, and the DCA desire to enter into this Agreement pursuant
to Section 380.032(3), Florida Statutes.
F. The Collier Tract 22 DRI was assigned DRI No. 5- 8990 -105.
G. The County adopted the original Development Order for the DRI as Resolution
91 -207 (DO 91 -3) on February 26, 1991, as amended by Resolution 91 -335 (DO 91 -4) adopted
on April 23, 1991, and as further amended by Resolution 94 -295 (DO 94 -1) adopted on April 26,
1994 (collectively the "DO "), which approved the following:
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 1 of6
17D
174,000 Gross Square Feet of Office Commercial Uses
270,000 Gross Square Feet of Retail Commercial Uses
385 Residential Dwelling Units
18 Holes of Golf
on approximately 506 +/- acres of property as more fully described in Exhibit A.
H. The uses and intensities and density of development approved in the DO are the
same as were approved in the "Collier Tract 22" Planned Unit Development Ordinance for the
Subject Property in Ordinance No. 91 -21.
The actual development constructed to date is approximately as follows:
136,395 Gross Square Feet of Office Commercial Uses
180,297 Gross Square Feet of Retail Commercial Use
272 Residential Dwelling Units
18 Holes of Golf
J. There is only one parcel that remains vacant, namely, Lot 2, less the westerly 19.3
feet. Riverchase Commons, according to the plat thereof, as recorded in Plat Book 32, pages 20
and 21 of the Public Records of Collier County, Florida, containing approximately 0.89 + / -acres
and allowing 12,000 gross square feet of retail commercial uses. Copies of the deeds which
allocate the original square footage of 22,000 square feet, of which 10,000 square feet have been
constructed, are attached as Exhibit "B"; and
K. The Collier Tract 22 DRI is located in a highly urbanized area of Collier County
designated Urban, Commercial District, Mixed Use Activity Center Subdistrict, on the Future
Land Use Map of the Growth Management Plan.
L. The build - out date for the Collier Tract 22 DRI expired on February 26, 1995
pursuant to Collier County Resolution No. 91 -207 (DO 91 -3); and
M. Based on the above, the existing development represents 72% of the development
authorized by the DO and approximately 0.89 acres of the total land area remains undeveloped;
and
N. The total remaining land area is contiguous to and part of Collier Tract 22 DRI,
shares common infrastructure, and is presently accessible via constructed roadways; and
O. The Owner wishes to allow the development of the remaining Lots consistent
with the expired DRI and wishes to retain the right to develop or redevelop within the parameters
of the DRI allowances;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
it is hereby agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein as
terms of this Agreement.
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 2 of 6
170
2. The parties agree that Collier Tract 22 DRI is "essentially built -out" in accordance with
Section 380.06(15)(g)4 a. & b.(II), Florida Statutes; as the land uses and all infrastructure
presently built are consistent with the terms and conditions of the of the DRI DO; the project is
in compliance with all applicable terms and conditions of the DO except the built -out date; all
physical improvements required by the DO have been made; only 30% of the total approved
residential 22% of the proposed commercial office, and 33% of the proposed commercial retail
remains undeveloped; Developer and its assignees retain the development rights ( "Retained
Rights ") to all uses, densities, and intensities previously approved and undeveloped, specifically
the rights to develop:
36,605 square feet of office commercial uses of which 19,401 square feet have not been
assigned to others and are owned by Developer;
89,703 square feet of retail commercial uses, of which 22,146 square feet have not been
assigned to others and are owned by Developer;
113 residential dwelling units, of which 103 units have not been assigned to others and
are owned by Developer.
3. Notwithstanding the build -out date contained within the expired DO, as amended, DCA
and the County agree that the remaining square footage of Gross Building Area in the unbuilt
areas (Lot 2, as described above) and the amount of Retained Rights do not create the likelihood
of any additional regional impact not previously reviewed and may be developed without further
DRI impact review, subject to the County's comprehensive plan and land use regulations, so long
as the units and/or square footage authorized under the DO are not exceeded. Developer is
relieved of the responsibility to file future DRI monitoring reports. However, Developer and its
future assigns agree to provide a traffic impact statement or traffic data for a Site Development
Plan or amendment, Site Improvement Plan (SIP), Insubstantial Change to a Site Development
Plan (SDPI) or any other development order where approval of the development order would
approve a change in use and which is submitted for any of the Retained Rights, if required by the
County's land use regulations or County staff.
4. Owner asserts and warrants that the information it has presented and the representations
and statements set forth above are true and accurate. Based upon such information and
representation, DCA concludes that this Agreement reasonably applies and effectuates the
provisions and purposes of Chapter 380, Florida Statutes.
5. In the event of a breach of this Agreement or failure to comply with any condition of this
Agreement, or if this Agreement is based upon materially inaccurate information, DCA may
terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11,
Florida Statutes. Injunctive relief shall be granted to the other parties in the event of a breach of
this Agreement or a failure to comply with any condition by another party.
6. This Agreement affects the rights and obligations of the parties under Chapter 380,
Florida Statutes. It is not intended to determine or influence the authority or decision of any other
state or regional agency or the county in the issuance of any other permits or approval required
for the development specifically authorized by this Agreement.
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 3 of
170
7. The terms and conditions of this Agreement shall run with the property more particularly
described in the attached Exhibit "A" and inure to the benefit of and be binding upon the heirs,
personal representatives, and future successors and assigns of the parties hereto. Developer shall
insure and provide that any such successor in interest in and to any lands or parcels or Retained
Rights owned by the Developer affected by this Agreement is bound by the terms of this
Agreement. Developer shall record a notice of this Agreement that complies with Section
380.06(8)(a)10, Florida Statutes, and shall provide DCA with a copy of the recorded notice
within 30 days of execution of this Agreement by the last party.
8. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall together constitute one and the same agreement.
9. Any amendment to or modification of this Agreement shall not be effective unless
contained in writing signed by the parties.
10. The effective date and the date of execution of this Agreement shall be the date that the
last party signs and acknowledges the Agreement.
[Remainder of Page Intentionally Blank]
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 4 of 6
170
IN WITNESS WHEREOF, the parties, by and through the undersigned duly authorized
representatives have executed this Agreement as of the date(s) set forth below.
DULY PASSED AND ADOPTED THIS ft day of S, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
Aitst`St Etf'= �Qea�f7`�igf 1
f
god i uri 'pA l
Signature
C
Print/Typed Name
(2)1.."..�Git..ft.
Signature
E eirt `frc':e' i/
Printed /Typed Name
Approved as to form
and legal sufficiency
Q it Id 1 A
Heidi Ashton -Cicko
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By: x`
FRED W. COYLE, Chairman
CDC LAND INVESTMENTS, INC.
Signature
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 5 of 6
Printed /Typed Name
Printed /Typed Title
17D OW
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
Si nature
Print /Typed Name Signature F,,<
(I'll k e vti l c
Printed/Typed Name
ignature % ,�` P
� — C�� C t 0� ;C
.
I Ii&rc—, W t t% Printed /Typed Title
Printed /Typed Name
CPA 1 o- CPS - 01017A0.2
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 6 of 6
i • I C I' � � r,l
All that part of Section 22, Township 48 South, Range 25 East, Collier County, Florida.
being more particularly described as follows:
Commencing at the northeast comer of said Section 22; thence South 0 33'39" East along
the easterly line of the Northeast quarter of said Section 22 a distance of 92,28 feet to a
point on the easterly line of those lands described in O.R Book 619, page 1857, said point
being the Point of Beginning of the parcel herein being described;
thence continue South 0` 33'39" East along the easterly line of said Section 22 a
distance of 2564.67 feet to the East Quarter comer of said Section 22; thence
South 89' 55'06" West along the east -west quarter section line of said section 22
a distance of 1431.78 feet to an intersection with the easterly right -of -way
line of the former Seaboard Coastline Railroad;
thence South 5° 57'03" East along said easterly right -of -way line a
distance of 1057.54 feet to the centerline of a Drainage Easement as
described - O.R. Book 185, page 59:
thence South 84' 02'57" West along the westerly prolongation of said
centerline a distance of 65.00 feet to an intersection with the
centerline of the right -of -way of the former Seaboard Coastline
Railroad;
thence South 50 5703" East along said centerline a distance of 1609.17
feet to an intersection with the southerly line of the Southeast
Quarter of said Section 22, said intersection being a point of the
northerly right -of -way line of Immokalee Road (C.R. 846);
thence South 89' 49'07" West along said southerly linc and said
northerly right -of -way line a distance of 1258.12 feet to the South Quarter
corner of said Section 22;
thence South 89' 40'07" West along said southerly line and said
northerly right -of -way line a distance of 552.46 feet to an intersection
with the easterly line of a Florida Power and Light Company Right -
of -Way Easement as recorded in Deed Book 30, pages 27 -34, Public
Records of Collier County, Florida;
thence leaving said northerly right -of -way line North 5 59'23" West along
said easterly line a distance of 25.13 feet to an intersection with the northerly
right -of -way line of said County Road 846 (hmmokalee Road) as recorded in
O.R. Book 1523, pages 1243 and 1244, Public Records of Collier County,
Florida;
thence South 89 40'07" West along said northerly right -of-way line a distance
of 703.10 feet;
thence South 890 52'39" West 1501.91 feet;
thence North 84 25'24" West 503,44 feet;
thence South 89 52'39" West 501.54 feet to an intersection with the
easterly right -of -way line of U.S. 41 (S.R. 45);
thence North 10 0479" West along said easterly right -of -way line a distance of
2588,76 feet to an intersection with the east -west quarter section line of said
2010 Exhibit A Collier Reserve Tract 22
Erh(blt to Fasentlally Buil Out Agreement
Page 1 of 3
Section 22;
thence North 89`55'06 East along said east -west quarter section line a
distance of 733.34 feet to the southeast comer of the westerly 110.00 feet of
the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22. said comer being a point on the easterly right -of -way line of
Cocohatehee Street;
thence North 1 07'31" West along said easterly right of way line a distance
of 959.09 feet to the beginning of a circular curve concave southwesterly
whose radius point bears North 49' 42'56" West 40.00 feet;
thence northeasterly, northerly, northwesterly and westerly along the arc of
said circular curve through a central angle of 131` 24'35" an are distance of
91.74 feet to an intersection with the easterly line of the westerly 80.00 feet
of the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22;
thence North 01' 0731" West along said easterly line a distance of 181
feet more or less to the centerline of Horse Creek;
thence westerly and southwesterly along the centerline of the original
channel of said Horse Creek to a point on the easterly right -of -way line
of U.S. 41 Tamiami Trail (S.R. 45), said point being the intersection
of the northerly line of the West one -half of the Southwest Quarter
of the Northwest Quarter of said Section 22 and said easterly right -of-
way line;
thence North 1 01'35" West along said easterly right -of -way line a
distance of 1331.44 feet to an intersection with the northerly line of the
Northwest Quarter of said section 22:
thence North 85 5734" East along said northerly line a distance of 2520.99
feet to the North Quarter corner of said Section 22;
thence South 89` 59'39" East along the northerly line of the
Northeast Quarter of said Section 22 a distance of 848.95 feet to the
northwest comer of those lands described in O.R. Book 619, page 1857;
thence along the boundaries of said lands on the following six courses:
1) South 5 57'03" East 326.16 feet to an intersection with
the arc of a circular curve concave northwesterly whose
radius point bears North 22 46'49" West 240.00 feet;
2) thence northeasterly along the are of said circular curve
through a central angle of 29 44'11" an arc distance of
124.56 feet;
3) thence North 37 29'00" East 184.65 feet to the beginning of a
circular curve concave southeasterly and having a radius of
160.00 feet;
4) thence northeasterly and easterly along the arc of said circular
curve through a central angle of 5231'02" an arc distance of
146.66 feet;
thence South 89 59'58" East 1137.68 feet to the beginning of a
circular curve concave southerly and having a radius of 320.00
feet;
2010 Exhibit A Collier Reserve Tract 22
Exhibit to Essentially Bull Out Agreement
Page 2 of 3
6) thence easterly and southeasterly along the arc of said circular
curve through a central angle of 33 15'40" an arc distance
of 185.77 feet to the Point of Beginning of the parcel
herein described;
containing 506± acres of ]and more or less; subject to easements and restrictions
of record.
2010 Exhibit A Collier Reserve Traci 22
Wibil to &senllally Bull Out Agreement
Page 3 of 3
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Page 4 of 6
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Page 6 of 6
70'14
ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS P
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
September 28, 2010
Agenda Item Number
17D
2.
Original document has been signed /initialed for legal sufficiency. (All documents to be
3.
Essentially Built -Out Agreement
Number of Original
5 original agreements
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Y`
ro
112 �1�
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary , Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Heidi Ashton- Cicko, Assistant County
Attorney
Phone Number
252 -8400
Agenda Date Item was
September 28, 2010
Agenda Item Number
17D
Approved by the BCC
Original document has been signed /initialed for legal sufficiency. (All documents to be
Type of Document
Essentially Built -Out Agreement
Number of Original
5 original agreements
Attached
by the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
INSTRUCTIONS & CHECKLIST
for s/ r s arms/ h ocumen Rou n h� O.C. 1 t-, (� ' ` t � 7,0
wws 9. 4SNi — % ri �°v V�)!_ Mid I�r t 6 r'D L�( �1
��� P- K F. -fL, A ti",N -'J . /1 Ri)t -i 7-1-11 S , __ -- l "'wi K S
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
n L
resolutions, etc. signed by the County Attorney's Office and signature pages from
Y`
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
! ``
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
T >V.t-
document or the final negotiated contract date whichever is applicable.
VA-
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
- NL;
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours or BCC approval.
_ l�
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6-
ree �eai La t]eidi Astuoa -Dicke is CA -0-
for s/ r s arms/ h ocumen Rou n h� O.C. 1 t-, (� ' ` t � 7,0
wws 9. 4SNi — % ri �°v V�)!_ Mid I�r t 6 r'D L�( �1
��� P- K F. -fL, A ti",N -'J . /1 Ri)t -i 7-1-11 S , __ -- l "'wi K S
17D '
MEMORANDUM
Date: October 14, 2010
To: Heidi Ashton -Cicko
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Board Minutes & Records Department
Re: Essentially Built -Out Agreement w /CDC Land Investments, Inc.
Attached for your records, are rive (5) originals as referenced above,
(Item #17D) adopted by the Board of County Commissioners September 28,
2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
Thank you.
Attachment
170
Prepared by and return to:
R. Bruce Anderson
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, FL 34103
(239) 261 -6200
ESSENTIALLY BUILT -OUT AGREEMENT
This Essentially Built -Out Agreement ( "Agreement ") is entered into by and between
CDC Land Investments, Inc., a Florida corporation, whose address is 3003 Tamiami Trail North,
Suite 400, Naples, FL 34103 ( "Developer "), Collier County, a political subdivision of the State
of Florida, whose address is 3301 Tamiami Trail East, Naples, FL 34112 ( "County "), and the
Florida Department of Community Affairs, whose address is 2555 Shumard Oak Boulevard,
Tallahassee, FL 32399 -2100 ( "DCA "), with reference to the following facts:
RECITALS
A. Developer is the developer of the Collier Tract 22 Development of Regional
Impact (DRI), located within Collier County, encompassing the real property more particularly
described on Exhibit "A" attached hereto (the "Subject Property "), which legal description is
taken from the Development Order (defined below).
B. The County is a political subdivision of the State of Florida.
C. DCA is the state land planning agency responsible for the administration and
enforcement of Chapter 380, Florida .Statutes, including those provisions relating to
developments of regional impact ("DRI").
D. Pursuant to Section 380.032(3) and 380.06(15)(g)(3), Florida Statutes, DCA is
authorized to enter into agreements as may be necessary to effectuate the provision and purposes
of Chapter 380, Florida Statutes.
E. Developer, the County, and the DCA desire to enter into this Agreement pursuant
to Section 380.032(3), Florida Statutes.
F. The Collier Tract 22 DRI was assigned DRI No. 5- 8990 -105.
G. The County adopted the original Development Order for the DRI as Resolution
91 -207 (DO 91 -3) on February 26, 1991, as amended by Resolution 91 -335 (DO 91 -4) adopted
on April 23, 1991, and as further amended by Resolution 94 -295 (DO 94 -1) adopted on April 26,
1994 (collectively the "DO "), which approved the following:
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 1 of
17D
174,000 Gross Square Feet of Office Commercial Uses
270,000 Gross Square Feet of Retail Commercial Uses
385 Residential Dwelling Units
18 Holes of Golf
on approximately 506 +/- acres of property as more fully described in Exhibit A.
H. The uses and intensities and density of development approved in the DO are the
same as were approved in the "Collier Tract 22" Planned Unit Development Ordinance for the
Subject Property in Ordinance No. 91 -21.
L The actual development constructed to date is approximately as follows:
136,395 Gross Square Feet of Office Commercial Uses
180,297 Gross Square Feet of Retail Commercial Use
272 Residential Dwelling Units
18 Holes of Golf
J. There is only one parcel that remains vacant, namely, Lot 2, less the westerly 19.3
feet. Riverchase Commons, according to the plat thereof, as recorded in Plat Book 32, pages 20
and 21 of the Public Records of Collier County, Florida, containing approximately 0.89 + / -acres
and allowing 12,000 gross square feet of retail commercial uses. Copies of the deeds which
allocate the original square footage of 22,000 square feet, of which 10,000 square feet have been
constructed, are attached as Exhibit "B "; and
K. The Collier Tract 22 DRI is located in a highly urbanized area of Collier County
designated Urban, Commercial District, Mixed Use Activity Center Subdistrict, on the Future
Land Use Map of the Growth Management Plan.
L. The build -out date for the Collier Tract 22 DRI expired on February 26, 1995
pursuant to Collier County Resolution No. 91 -207 (DO 91 -3); and
M. Based on the above, the existing development represents 72% of the development
authorized by the DO and approximately 0.89 acres of the total land area remains undeveloped;
and
N. The total remaining land area is contiguous to and part of Collier Tract 22 DRI,
shares common infrastructure, and is presently accessible via constructed roadways; and
O. The Owner wishes to allow the development of the remaining Lots consistent
with the expired DRI and wishes to retain the right to develop or redevelop within the parameters
of the DRI allowances;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
it is hereby agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein as
terms of this Agreement.
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 2 of 6
170 1 i
2. The parties agree that Collier Tract 22 DRI is "essentially built -out" in accordance with
Section 380.06(15)(g)4 a. & b.(II), Florida Statutes; as the land uses and all infrastructure
presently built are consistent with the terms and conditions of the of the DRI DO; the project is
in compliance with all applicable terms and conditions of the DO except the built -out date; all
physical improvements required by the DO have been made; only 30% of the total approved
residential 22% of the proposed commercial office, and 33% of the proposed commercial retail
remains undeveloped; Developer and its assignees retain the development rights ( "Retained
Rights ") to all uses, densities, and intensities previously approved and undeveloped, specifically
the rights to develop:
36,605 square feet of office commercial uses of which 19,401 square feet have not been
assigned to others and are owned by Developer;
89,703 square feet of retail commercial uses, of which 22,146 square feet have not been
assigned to others and are owned by Developer;
113 residential dwelling units, of which 103 units have not been assigned to others and
are owned by Developer.
3. Notwithstanding the build -out date contained within the expired DO, as amended, DCA
and the County agree that the remaining square footage of Gross Building Area in the unbuilt
areas (Lot 2, as described above) and the amount of Retained Rights do not create the likelihood
of any additional regional impact not previously reviewed and may be developed without further
DRI impact review, subject to the County's comprehensive plan and land use regulations, so long
as the units and /or square footage authorized under the DO are not exceeded. Developer is
relieved of the responsibility to file future DRI monitoring reports. However, Developer and its
future assigns agree to provide a traffic impact statement or traffic data for a Site Development
Plan or amendment, Site Improvement Plan (SIP), Insubstantial Change to a Site Development
Plan (SDPI) or any other development order where approval of the development order would
approve a change in use and which is submitted for any of the Retained Rights, if required by the
County's land use regulations or County staff.
4. Owner asserts and warrants that the information it has presented and the representations
and statements set forth above are true and accurate. Based upon such information and
representation, DCA concludes that this Agreement reasonably applies and effectuates the
provisions and purposes of Chapter 380, Florida Statutes.
5. In the event of a breach of this Agreement or failure to comply with any condition of this
Agreement, or if this Agreement is based upon materially inaccurate information, DCA may
terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11,
Florida Statutes. Injunctive relief shall be granted to the other parties in the event of a breach of
this Agreement or a failure to comply with any condition by another party.
6. This Agreement affects the rights and obligations of the parties under Chapter 380,
Florida Statutes. It is not intended to determine or influence the authority or decision of any other
state or regional agency or the county in the issuance of any other permits or approval required
for the development specifically authorized by this Agreement.
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 3 of
17D
7. The terms and conditions of this Agreement shall run with the property more particularly
described in the attached Exhibit "A" and inure to the benefit of and be binding upon the heirs,
personal representatives, and future successors and assigns of the parties hereto. Developer shall
insure and provide that any such successor in interest in and to any lands or parcels or Retained
Rights owned by the Developer affected by this Agreement is bound by the terms of this
Agreement. Developer shall record a notice of this Agreement that complies with Section
380.06(8)(a)10, Florida Statutes, and shall provide DCA with a copy of the recorded notice
within 30 days of execution of this Agreement by the last party.
8. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall together constitute one and the same agreement.
9. Any amendment to or modification of this Agreement shall not be effective unless
contained in writing signed by the parties.
10. The effective date and the date of execution of this Agreement shall be the date that the
last party signs and acknowledges the Agreement.
[Remainder of Page Intentionally Blank]
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 4 of 6
170
IN WITNESS WHEREOF, the parties, by and through the undersigned duly authorized
representatives have executed this Agreement as of the date(s) set forth below.
DULY PASSED AND ADOPTED THIS 2 day of S Q (Q„b � 12010.
ATTEST:
DWIGHT B. BROCK, CLERK
aws a. t, gej?,o � erk 3
Signature
,5%1, 1
Print/Typed Name
Signature
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
P
By:
FRED W. COYLE, Chairman
CDC LAND INVESTMENTS, INC.
By: /-
Signature
Printed /Typed Name
� k (- f LLV ; t G L
Printed /Typed Title
Printed/Typed Name
Approved as to form
and legal sufficiency
LL'4� J Clu
Heidi Ashton -Cicko
Assistant County Attorney
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 5 of 6
17D
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
(1)
Signature
c
ft 4 w By:
Print/TypedName Signature��K 1�,,,,s,�.✓ Q'r�c-fa�
l "ke
Printed /Typed Name
Signature
.--- C_�rP - C'i�icC c�� CGsn�y,l! ✓uMSiv�. I lniJi . ✓ <} /,
--Fp&4t5 Printed /Typed Title O
Printed /Typed Name
CPA10- CPS - 01017A42
Collier Tract 22 PUD / DRICLO- PL2009 -095
Revised 8/26/10 6 of 6
s I ; i' •
170
All that part of Section 22, Township 48 South, Range 25 East, Collier County, Florida.
being more particularly described as follows:
Commencing at the northeast comer of said Section 22; thence South 0 33'39" East along
the easterly line of the Northeast quarter of said Section 22 a distance of 92.28 feet to a
point on the easterly line of those lands described in O.R Book 619, page 1857, said point
being the Point of Beginning of the parcel herein being described;
thence continue South 0' 33'39" East along the easterly line of said Section 22 a
distance of 2564.67 feet to the East Quarter corner of said Section 22; thence
South 89' 55'06" West along the east -west quarter section line of said section 22
a distance of 1431.78 feet to an intersection with the easterly right -of -way
line of the former Seaboard Coastline Railroad;
thence South 5' 57'03" East along said easterly right -of -way line a
distance of 1057.54 feet to the centerline of a Drainage Easement as
described - O.R. Book 185, page 59:
thence South 84' 02'57" West along the westerly prolongation of said
centerline a distance of 65.00 feet to an intersection with the
centerline of the right -of -way of the former Seaboard Coastline
Railroad;
thence South 50 57'03" East along said centerline a distance of 1609.17
feet to an intersection with the southerly line of the Southeast
Quarter of said Section 22, said intersection being a point of the
northerly right -of -way line of Immokalee Road (C.R. 846);
thence South 89' 49'07" West along said southerly line and said
northerly right -of-way line a distance of 1258.12 feet to the South Quarter
corner of said Section 22;
thence South 89' 40'07" West along said southerly line and said
northerly right -of -way line a distance of 552.46 feet to an intersection
with the easterly line of a Florida Power and Light Company Right -
of -Way Easement as recorded in Deed Book 30, pages 27 -34, Public
Records of Collier County, Florida;
thence leaving said northerly right -of -way line North 5 59'23" West along
said easterly line a distance of 25.13 feet to an intersection with the northerly
right -of -way line of said County Road 846 ( Immokalee Road) as recorded in
O.R. Book 1523, pages 1243 and 1244, Public Records of Collier County,
Florida;
thence South 89 40'07" West along said northerly right -of -way line a distance
of 703.10 feet;
thence South 89 52'39" West 1501.91 feet;
thence North 84' 25'24" West 503.44 feet;
thence South 89` 52'39" West 501.54 feet to an intersection with the
easterly right -of -way line of U.S. 41 (S.R. 45);
thence North 1' 0429" West along said easterly right -of-way line a distance of
2588.76 feet to an intersection with the east -west quarter section line of said
2010 Exhibit A Collier Reserve Tract 11
Exhibit to Bssentlally Bull Out Agreement
Page] of3
Section 22;
thence North 89`55'06 East along said east -west quarter section line a
distance of 733.34 feet to the southeast comer of the westerly 1 10.00 feet of
the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22. said comer being a point on the easterly right -of -way line of
Cocohatehee Street;
thence North 1'07'31" West along said easterly right of way line a distance
of 959.09 feet to the beginning of a circular curve concave southwesterly
whose radius point bears North 49 42'56" West 40.00 feet;
thence northeasterly, northerly, northwesterly and westerly along the arc of
said circular curve through a central angle of 131` 24'35" an arc distance of
91.74 feet to an intersection with the easterly line of the westerly 80.00 feet
of the East one -half of the Southwest Quarter of the Northwest Quarter of
said Section 22;
thence North O1` 0731" West along said easterly line a distance of 181
feet more or less to the centerline of Horse Creek;
thence westerly and southwesterly along the centerline of the original
channel of said Horse Creek to a point on the easterly right -of -way line
of U.S, 41 Tamiami Trail (S.R. 45), said point being the intersection
of the northerly line of the West one -half of the Southwest Quarter
of the Northwest Quarter of said Section 22 and said easterly right -of-
way line;
thence North 1 01'35" West along said easterly right -of -way line a
distance of 1331.44 feet to an intersection with the northerly line of the
Northwest Quarter of said section 22:
thence North 85 5734" East along said northerly line a distance of 2520.99
feet to the North Quarter corner of said Section 22;
thence South 89 59'39" East along the northerly line of the
Northeast Quarter of said Section 22 a distance of 848.95 feet to the
northwest corner of those lands described in O.R. Book 619, page 1857;
thence along the boundaries of said lands on the following six courses:
1) South 5` 57'03" East 326,16 feet to an intersection with
the arc of a circular curve concave northwesterly whose
radius point bears North 22 46'49" West 240.00 feet;
2) thence northeasterly along the are of said circular curve
through a central angle of 29 44'11" an arc distance of
124.56 feet;
3) thence North 37 29'00" East 184.65 feet to the begirming of a
circular curve concave southeasterly and having a radius of
160.00 feet;
4) thence northeasterly and easterly along the arc of said circular
curve through a central angle of 5Y31'02" an arc distance of
146.66 feet;
a) thence South 89 59'58" East 1137.68 feet to the beginning of a
circular curve concave southerly and having a radius of 320.00
feet;
2010 Exhibit A Collier Reserve Tract 22
Exhibit to Essentially Bull Out Agreement
Page 2 of 3
-170
6) thence easterly and southeasterly along the are of said circular
curve through a central angle of 33 15'40" an are distance
of 185.77 feet to the Point of Beginning of the parcel
herein described;
containing 506± acres of land more or less; subject to easements and restrictions
ofrecord.
2010 Exhibit A Collier Reserve Tract 22
Exhibit to Essentially Bull Out Agreement
Page 3 of 3
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