1983 Agreement
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Naples, florid., November 15. 1903
LET IT BE HKMEMBERED, that the Boord of County Commlsslonoro In
~nd for tl)e County of Collier, Qnd nIso nctlng as the Bonrd of zoning
^ppeals ~nd as the governing board(s) of such special districts as h~vo
been created nccordlng to Idw nnd h~ving conducted business herein, mat
on ttlis date at 9:00 A.M. in Rogular Session In Buil~ing "F", of the
Courthou5C Cor.tplcy., E.(~::;t 1~3pla5, Florida, witl} the followinfj n,o;)mbcrs
prostlnt:
C HA I RMAN I
VICE-CHA!l111AN I
i;dvld C. Brown
C. C. "Hod" Holland
John A. plstor
Frederick J. Voss
Mary-Frances Kruse
ALSO PRl:::Sr;NT: h'illiam J. Heagiln, Clerk; J.1mes C. Giles, FlsC31
Officer; C. william Norr.wn, County Ma.nlH]Crl Burt L. Saunders, County
Attorney; eruce Anderson, kssistnnt County Attorney; Terry Virta,
Community Development Administrator; Knutc Hartman, Public ~orks
AdminIstrator; Irving Berzon, Utilities Administrator; Mark Thiele,
Purchosiny DirectorJ Rollic Rice, Parks & Ilecreation Director; Ann
uber, Plunner; Cruce Underwood, Administrative Aide to tho ~oard; Dnd
Dllputy Chicf !lilY Barnett, Sheriff's Department.
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aDDK 078p1;[597
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Novcmbcr IS, 1983
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078r~',\ 610
Commissioner pistor moved, seconded by Commissioner Voss and
carried unanimously, that the public hearing be closed.
Commissioner pistor ~oved, seconded by Commissioner Kruse and
carried unanimously, that the Ordinance as numbered and entitled below
be adopted and entered into Ordinance Book No. 17, subject to amendment
of the PUD document and that detailed site drainage planz be 3ubmitted
to the County Engineer for review and no construction permits shall be
issued unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the County Engineer,
ORDINANCE 83-51
AN ORDINANCE M';El<OING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE ZONING ATLAS MAP ~1lJ!1BER 49-26-6 BY
CI~NGING THE ZONING CLASSIFICATION OF TI,L HEREIN DESCRIBED
REAL PROPERTY FROM RMF-12 TO "PUD" PLAN~BD UNIT DEVELOPMENT
FOR PETITION R-83-4C AND R-83-5C; AVATAR PROPERTIES, INC. FOR
APPROXIMATELY 83.45 ACRES OF LAND IN GOLDEN GATE, UNIT TWO,
PART ONE, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE
DATE.
Itelll '5
RESOLUTION 83-199 APPROVING AN AGREEMENT WITH AVATAR PROPERTIES, INC.
PROVIDING FOR TilE TRANSFER OF APPROXIMATELY 1,100 ACRES OF LAND TO
COLLIER COUNTY - ADOPTED.
Mr. /\ssnnd stnted that this is an agreement to approve the l,lOn
acres of Innd to Collier County from Avatar properties, Inc.
Commissioner Plator stnted thnt there arc approximately 1000 one
acre lots, addln1 thnt this Is poor negotiations as there should have
been larger arens of land dedlcnted.
Comm'ssloner Urown ~tated that he would accept any property after
12 yellrs of trying to settle this matter.
Commissioner Kruse stated that the negotiatln.. has gone on for 12
years with numerous members of Staff, GAC/Avatar, and the Fedcral Trade
Commission. She indicated that these plcces of property arc very nice
oj
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l~ov"mber 15, 1983
pieces and can be used (or ranger otations, park proporty, roads, etc.,
adding tilat some of those pieces' ore 1-1/2 acros and some "re flvo
acres. bhe stated that the County has tho' rlqht to swap, trade, or
sell this property (or tho benefit of the people of Colden Cate
~5tates. She Indicated that it is the first time in history that any
sUu'bv;slon has had a trust fund, add In'] tildt thi~ was never 1eqally
ruqulrcd by GAC/^vatar and she Is thankful for the donation.
Mr. Donnis GetmGln, Senior Vic~ Presidnnt for AVDtClr, stntec.l tl1at
back in 1974 there was languagc In the agreement that provided for this
land, but In 1979 that particular Consent Order was deleted and a new
C"~f.! .~'""\a set up, ;H1dili'-' that tht' ney! one did not requiru 11ny dcdicntions
of any land to tile County by Avatar. lie st~ted that this ~graemor)t is
basically a moral i,l.'~reemcnt <.lnd l1il3 taken two years to complete.
County ^ttorncy Saunders stated t~lat tllorc is ~ rninor change on
Exhibit "S" which is a 1.13 acre piece of land which has been sold,
adding tllat ttl~rc will be ~nother approximate one acre substituted for
this piece of land.
Mr. Gutmllll stilted that tll~ agreement cnlls [or AVfltilr nnd the
County to meet to~etller to ilgree on the particulnr ~rcaG for the second
phase of the property to be donated, adding that he would likn to have
ttlC l~nd~ in Area il and Area ~2 donated bcforo the end of the yo~r.
Commissionel Kruse moved, soconded by Commissioner Holland, that
Resolution 83-199 approving an agreement with Avatar properties, Inc.
providing for the transfer of approximately 1,100 acres of land in
Golden Gate Estates to Collier County be adopted.
Mr. George Keller stated that an association in Golden Gate asked
him to respond to this matter, adding that the association says there
llas not been ample h~^rlngs on the matter, there nre too many sm~ll
. ~OOK 07BFl\.t611
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November 15, 1983
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parcels spread allover, and the f'cdoral Bankruptcy Court ruled that
this land was "orthless.
Commissioner Kruse stat~d that each pioc~ of property has been
chocked by Staff and the land is extremely valuable.
County Attorney Saunders stated that In this case Avatar is
~lim!n:t'ng a potential legal challenge and that is tho consideration
among othor things that they arc rec~iving for this contract.
upon call for the question, the motion carried unanimously.
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