Resolution 1982-086
July 13, 1982
aCOK 069 PAC~
R-8Z-86
A RESOLUTION OF
THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier
County, Florida (the Board) has reviewed the draft Stipulation
for Dismissal ,!lnd Settlement A3reement (the "Marco Settlement
Agreement" or "Agreement") which is an exhibit heretoJ
WHE~"S, the Board acknowledges that the Marco Settlement
Agreement represents a compromise by The Oeltana Corporation
("Deltona") and the other pa1ties to the Agreement of long
standing environmental and land use issues affecting the Marco
Beach Subdivision I
WHEREAS, the Board has been advised that the various state
agencies that are to be parties to the Marco Settlement Ag~ee-
ment will not execute the Agreement until such time as the
Governor and Cabinet of tho State of Florida authoriz~ the
expenditure of funds necessary to commence the property ex-
~hange, as provided in the Agreement, whereby the State of
Florida will acquire fee simple title to approximately 15,000
acres of wetlands which are presently owned by Deltona, a"
portion of which were previously zoned and platted as part of
the Marco Beach Subdivision I
WHEREAS, THE Board acknowledges that prov"sion has also
been made for Collier County to be a party to the Marco Settle-
ment Agreement1
WHEREAS, the Board desires that Collier County be a party
to the Marco Settlement Agreement to evidence its support of
the Agreement and to ackn~wledge that development in accordance
with the Agreement would be substantially consistent with the
County's comprehensive land use plan; provided, however, in
entering into the Agreement, the County is not in any manner
abrogating its duty and authority to admin~ster and enforce the
County Comprehensive Land Use Plan, zoning and subdivision
regulations and any other applicable County require~nt8 with
respect to the development contemplated by the Agreement,
NOW, THEREFORE, BE IT RESOLVED TIlAT.
1. Following execution of the Marco Settlement Agreement
by the State agencies that aro parties thereto, tho Collier
Ju1 y 1 'j, 1.);; ~
County attorney is directed to review the final Agreement, with
assistance as appropriutc from the Collier Coun~y Com~unity
Development Division, to determine if the executed Agreement is
in substantially the same form as the draft which is an exhibit
hereto.
2. The Co1l1cr County attorney is further directed to
report to the Chairman of the Board whether or not in his
opinion the ~xecuted Marco Settlement Agreement is in substan-
tially the same form aL the draft which is an exhibit hereto.
3. If in the opinion of the County attorney the final
Marco Settlement Agreement is in substantially the same form 4S
the draft which is an exhibit hereto, the Chairman of the Board
is hereLJY directed and empowered to execute the Marco Set. tle-
ment Agreement on behalf of collier County.
4. Thc~es~arch data that ha~ been historically devel-
oped by Dcltona, by the agp.ncies of local, state, ar.d federal
governments, as well as the data collected by Deltona's ongoing
monitoring programs, together with the environmental impact
statements of the u.s. Army of Corps of Engineers with respect
to the revised development are~s depicted in the Marco Settle-
ment Agreement, shall satisfy the submission requirements of
Collier County Ordinance 77-66 (the Environmental Impact
Statement Ordinance) but will not abrogate subsequent review
and approval by County staff, the Environmental Advisory Board,
and t,he Water Management Advisory Board. If th~ County re-
quires additional data information or ferther analysis and
interpretation of the data ba5e, it will be provi.ded; except
that no new data will be required for Unit 24, Unit 27,
Barfield Bay Single and Multifamily or John Steven's Creek.
5. The Board acknowledg~s that portions of the property
designated in the Marco Settlement as "Development Areas- are
classified "ST~ Special Tr.eatmcnt Overlay District by the
County zoning regulations; in conjunction with the application
tor rezoning of such areas by Deltona consistent with the
Agreement, the Board may remove tho ~ST~ classification from
the property being rezoned. However, the Board will remove the
.ST- cla8sification trom those ^rcas ~Dcvclopm~nt ^r~aB-
Illt:O
.....,0
nJj, 069 rm-taO
July l' l~n
previously platted and approved specifically Unit 24, Barfield
Bay Single and Multifamily, John Steven's Creek, and Good1and
Marina, upon subml.ssion of aatlsfactory evidence that the Marco
Settlement Agreement has been executed hy the parties thereto.
6. Should a Comprehensive Land Use Plan amendment be
necessary in orde. to permit the development contemplated by
the Marco Settlement Agreement, Deltona may apply for such
amendment concurrently with its application for rezoning.
7. Neither the execution of the Marco Settlement Agree-
ment on behalf of the County nor this Resolution shall exempt
De1tona frcm complying with the County Comprehensive Land Use
Plan, all subdivision and zoning regulations and other applica-
ble Cour:y requirements with respect to development in accor-
dance with the Marco Settlement Agreement, except as expressly
provided herein.
as follows:
THIS RESOLUTION adopted after motion, second and .011 call
Commissioner Wenzel
Commissioner K~e
Commiss)..oner Pistqr:.
Commissioner Brown ...
CO~is9io~er W~r
~~b~a ~a
Aye
Aye
Aye
aye
aye
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~::r.Refc!~
APPROVED AS TO FOR.'! AND
LEGAL SUFFICIENCY,
~.~.~
urt L. Saunders
County Attorney
~,","..<
July 13, 1982
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE :lEARINGS
THE DELTONA CORPORATION,
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CASE NOS. 79-2471
80-683
PPtitioner,
vs.
STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL REGULATION,
Respondent,
and
NATIONAL AUDUBON SOCIETY, COLLIER
COUNTY CONSERVANCY, FLORIDA AUDUBON
SOCIETY, ENVIRONMENTAL DEFENSZ FUNO,
FLORIDA DIVISION OF THE IZAAC \,ALTON
LEAGUE, BERNARD J. yOKEL AND
DEBORAH P. COOK,
Intervenors,
IN THE DISTRICT COURT OF
APPEAL. FIRST DISTRICT,
STATE OF FLORIDA.
DEPARTMENT OF ENVIRONMENTAL REGULATION, )
)
Appellant/Cross-Appellee/Respondent. )
)
vs. )
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THE DELTONA CORPORATION, )
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Appellee/Cross-Appellant/Petitioner. )
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CASE NO. XX-335
IN THE DISTRICT COURT OF
APPEAL, FIRST DISTRICT,
STATE OF FLORIDA.
DEPARTMENT OF ENVIRONMENTAL REGULATION, )
)
Appellant/Cross-Appellee/Respond~nt, )
)
vs. )
)
THE DELTONA CORPORATION. )
)
Appellee/Cross-Appellant/Petitioner. )
)
CASE NO. XX-336
BOOK0G9 rl.:.~4St
JlIly
13, 1~82
IN TIlE DISTRICT COURT OF
APPEAL, FIRST DISTRICT,
STATE 0.. FLORIDA,
cc~, 069 rm-482
NATIONAL AUDUBON SOCIETY, COLLIER )
COUNTY CONSERVANCY, FLORIDA AUDUBON )
SOCIETY, ENVIRONMENTAL DEFENSE FUND, )
nORIDA DIVISION OF IZAAC \,ALTOlI LEAGUE, )
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Appellants/Intervenors,
CASE NO. YY-76
vs,
THE DELTONA CORPORATION,
Appellee/Petitioner.
STATE OF FLORIDt
DIVISION OF ADMINISTRATIVE HEARINGS
THE DELTONA CORPORATION,
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CASE NO. 80-1308R
Petitioner,
VR.
STATE OF FLORIDA, DIVISION
OF ENVIRONHENTAL REGULATION,
Re?pondent.
STIPULATION FOR DI5~ISSAL
AND SETTLEMENT AGrEEMENT
THIS STIPULATION AIlD AGREE::WT, made and entered into
this _ day of
1982, by and between: (A) THE
DELTONA CORPORATION, a Dela'.are. corporation with its principal
place of business at 3250 S.I" Third Avenue, Miami, Florida,
its successors and assigns (hereinafter "DELTONA") I (8)
NATIONAL AUBUDON SOCIETY, COLLIER COUNTY CONSERVANCY, FLORIDA
AUDUBON SOCIETY, ENVIRONHENTAL DEFENSE FUND and FLORIDA
DIVISION OF THE IZAAC \,ALTOll LEAGUE (herelnafter "CONSERVATION
INTERVENORS) I (C) THE DEPARTMENT OF ENVIRONMENTAL REGULATION OF
THE STATE OF FLORIDA ("DER") I THE TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ("TIITF") I THE DEPARTMENT OF VETERAN
AND COMMUNITY AFFAIRS OF THE STATE OF FLORIDA ("DVCA") I THE
SOUTH FLORIDA \,ATER MANAGEMENT DISTRICT ("SFHMD") (the four
State of Florida agencies hereinafter referred to as "the State
of Florida") I and (D) COLLIER COUNTY, FLORIDA (hereinafter
"rn"~"", r"l1ntv"\.
..... ..,.,.~ J
,
.JuJy lJ, 1
Certai~ of the partie. to this S[i~ulation and Agree-
ment are parties to variou, matters of administrative and
judicial litcgation as are more fully identified herein. As to
such litigation parties, this Stipulation and Agrcement shall
cons titute anagreernent among such parties setting forth the
bases and conditions for dismissal of the matters of litigation
identified herein. The appropriate liU"ation parties further
agree to file such motion~ or petitions jointly as may be
necessary to implement thh Stipulation and Agreement. "ith
respect to the parties hereto, this Stipulation and Agreement
shall constitute an agreement between Deltona and such parties
as to the substantive matters herein set forth.
" I T N E SSE T H:
HHEREAS, Development of the Marco Island Community
was commenced by Deltona in 1964 within that area depicted on
Exhibit "A" attached hereto, constituting approximately 24,962
acrCS.i and
WIERf:AS. the wetland portions of the Marco Island
area comprise a unique and irreplaceable resource located near
other environmentally' sensitive areas, whir,h are the subject of
state ownership, acquisition, regulation or control; and the
disposition. in the manner set forth herRin, of the real
property over which Deltona asserts ownership (constituting a
major portion of such wetlands) will preserve and protect that
resource: and
\mEREAS. the major portion of such real property,
approxima te ly 13,91 I, acres, was acqui red by Dc 1 ton.1 . (or its
then wholly owned subsidiary }Iarco Island Development Corpora-
tion) in 1964: a series of pa,cels, approximately 9,136 acres,
in 1968-69: and the final portion, .approximately 1,912 acres,
in 1976. Title to the real property was patented directly into
Deltona's predecessors in title by the United States or was
ceded to the State of Florida under the Swamp and Overflowed
Lands
deeded to
Deltona's
Act of
1850 and subsequently
predecessor by the State of Florida, through TIITF. The entire
development at Marco Island consists of approximately 24,962
""..... ^-~ ~
,.".. ',. irK"
aCOK 069 r^G~
July D, l'JB2
s tn tc and fed(!ra 1 government: have
acre3.
^ccnciC9
of loc.11.
been involved in the regulation of various aspects of the
proposed development of the subject property since 1964. The
presently undeveloped portion of Oeltona's ownership consists
of approximate:y 19,444 acresl and
WHEREAS, Oeltona's development of Marco Island began
in 1964 with preparation of a master plan for its entire owner-
ship.
Thereafter, Dc 1 tona commenced cons truction of a free
standing community on 8,509 acres.
The master plan provided
for single family homesites, multi-family site~, school, park
sites, cocrunercial sites, shopping areas, boating access and
beach utilization areas, arterial transportation systems and
othec planned community facilities.
This maScet plan was
premised on transformation of bay bottoms and mangrove swamps
into a complex of fast land and canals through dredgi'ng and
fillingl and
\.IIlEREAS,
Marco
Island community was
Dcltona's
des igned as a water -oriented, res idential, retirement and
second home community and resort center intended to provide the
ammenities of a complete planned community. The original plan
included low to Inndcrate density resident! -1 use, basic
shopping services, full utilities, land, water, and air accessl
and
ImEREAS, as master planned, the original development
was divided into five construction areas: Marco River, Roberts
Bay, Collier Bay, Barfield Bay and Big Key. The five construc-
tion areas were subdivided as Harco Beach Subdivision Units
1-23. U~it 24 of the subdivision was added in 19701 and
,
hTHEREAS, when Oeltona began development of tho Marco
Island community environmental construction permits had a three
year time limitation. Therefore, Oeltona .applied for such per-
mits under a time sequence related to construction and delivery
schedules which were in turn related to oblIgations under the
contracts of s31cj and
..
July 13, 19H2
registrations began in 1964, and
llllEHEAS, land salen
sales proceeded from that date such that Units 1-2.'3 were sub-
stantia'ly sold out prior to 1970.
Land sales registration
approvals for Unit 24 were obtained and sales commenced in
earl; 1970 with approximately 50% of those lots under contract
when sales were discontinued in 1972, and
\.I11EREAS, Del tona sought and obtained other local,
state, and federal development approvals for the construction
areas comprisLd within Units 1-24 and took other steps to com-
plete development including, but not limited to:
A. In July 1964, Deltona obtained Collier
County zoning approval,
B. On July 21, 1964, Deltona obtained Collier
County franchises for construction. operation and maintenance
of both sewer and water systems for the community.
C. In 1965, after required public hearing,
De 1 tona obta ined and recorded in the pub 1 ic records of Collier
County, bulkhead line approvals delineating permissible fill
areas for the entire community.
D. Between October 6, 1964 and January 22,
1965, subdivision plats for the Marco Island community were
approved and recorded for Units 1-23.
E. In 1964 and 1965, Deltona posted subdivi-
sion development bonds with Collier Cour.t:; to guarantee con-
struction of platted subdivision approvals.
F. Beginning in 1964, Del tona con -,eyed and
otherwise dedicated or commited landn in the Marco Island
community for public or recreational use.
Such included dedi-
catic-n of church sites, conveyance of 31lJ acres of prime
gulf-front beach to Collier County, and the conveyance of Kice
Island with 2~ miles of gulf-front beach pursuant to the herein
described "State Settlement Agreement,lI
G.
Beginning in 1964,
Deltona sought and
obtained registration approvals from Florida and other states
for sale of subdivision lots in parts of the community,
Beginning in 1969, Deltona sought such approval from the newly
n~~~ 069 f^St436
July 13, 1ge2
e'Lablished Office of Inter.Late Land Sales Registration of the
Department of Housing and Urban Developme~t.
H. After registration, subdivision lot. in the
master planned eoo'Illunity were first offered for sale to the
general public in 1965, with varying contract delivery periods
extending as long aq 8~ yearB.
I. Conqtruction commenced in the Marco River
permit area in 1964, and proceeded in Roberts Bay Bnd the
Collier Bay permit areas in 1968-69 and to date.
J. In 197r, Deltona commenced construction of
the golf course and airport facility on the property identified
as Marco Shores Country Club.
Prior to commencement of con-
struction Deltona notified state and federal regulatory agen-
cies which made site inspections and conducted investigations'
af t er wh i ch cons t ruct ion commenced and was comp leted in late
1972 or early 1973, Dnd
Imf:REAS, in connection with the issuance of dredge
and fill permits for the third construction area, Collier 8ay,
TIITF undertook a comprel,nsive review of all Deltona's owner-
ship and development plans ih the Marco Island area in eluding
Units 1-24 and the balance of the company's then unplatted
properti.es.
Pursuant to that review the Governor and Cabinet
considered the envirOtlmental, social, economic, legal arid
equitable issues involved in this long standing master planned
community; and
1fHEREAS,
based upon the foregoing review,
the
Governor
and Cabinet reached
an overall decision ("State
Settlement") covering Deltona's Marco ownership, except that
acquired in 1976. TIlTF agreed to issue a Chapter 253 permit
for construction and development of the area described by the
State Settlement.
As a pa rt of that land use decision, the
TIITF required Deltona to eliminate major portions of its
property from future development and to deed 4,032 acres of
land to the TIlTF a. a preservation area.
Pursuant to the
State Settlement, the TIlTF issued Chapter 253 dredge and f111
,.
permits.
JulylJ,1982
Deltena h.1s conveyed thousand, of acr~9 of land to
the
TIITF and entered
into an agreement quit-clainJing
additional interest to the TIITF, and
I-IHEREAS, DER issued state water quality certifica-
tions for Collier Bay, Barfield Bay and Big Key in April 19741
no state water quality certification was iss'"ed for Unit 241
and
IIHEREAS, in April 1976, the United States Army Corps
of Engineers (the "Corps of Engineers" or the "Corps") granted
Deltona's application for dredge and fill permits in the
Coil ier Bay area and, in re cogni t ion of the na tional interes t
in preserving 11arco Island wetlands, denied Deltona's applica-
tion for dredge and fill permits in the Big Key and Barfield
Bay areas. As a result of the failure to receive such federal
dredge and fill permits, Deltona has been unable to deliver
4,264 waterfront homesites (plus 1,625 multi-family units) to
contract purchasers.
TI1e denied area includes 2,908 acres of
environmentally sensitive mangrove estuary. The 1976 Corps of
Engineers denial also constituted the basis for a reasonable
inference that the Corps would similarly deny Corps permits to
dredge and fill in wetlands in the Unit 24 permit area consist-
ing of 5,155 single fam:.ly and 1.449 multi-family dwelling
units located on 3,564 acres.
TI1e total number of single
family and multi-family dwelling units which Deltona had
planned for Barfield Bay, Big Key and Unit :>4 was therefore
12,493, and,
I/HEKEAS, after de'':.al of the Corps permits in 1976
Deltona purch.1sed 1,912 acres of adjoining land, constituting
the north portion of Unit 30, in order to enhance its flexibi-
lity to deal with the consequences of such denial, and
WHEREAS, on January 19, 197B, DRltona received a
binding letter of vested rights status, (BL1VR 978-1010). in
which the DVCA states that the company was vested with the
right to proceed with development of 33,525 dwellin8 units
(less those previously constructed) located on platted areas
1-24 and related bench properties. This vesting of the right
~.9 A.... July 1], 1982
aDQK VQ ~~tMSlQ with d,"velopment is :mly with re[;,nd to the develop-
mellt of re1>ional im2act rC<luiL ,,,nents of Section 380.06, Florid..
Statutes, and
WHEREAS, Deltona on May 3, 1978, submitted a joint
permit application to the DER and the Corps of Engineers which
permit
application
incl uded
of
Deltona's
remaining
all
undeveloped, property in Marco Island and the \'1cinity. The
May 3, 1978 application has been through a series of modifica-
tions reducing the amount of wetland acreage subject to
development, however, the modified application still entailed
the dredging and filling of some 2,500 acres of open water,
ma~grove swamps and fresh water wetlands, and
ImEREAS, Deltonn's May], 1978 application, as modi-
fied, was the subject of a Notice of Intent to Deny issued by
the DER and that application is now the subject of formal
administrative proceedings in consolidated cases styled, The
Oeltona Corporationv. DER, ct aI.,
79-2471 and
Case Nos.
80-683; these cases raise a broad range of legal and factual
issues to determine whether Doltonn is or is not entitled to a
development permit under the rule. and statutes governing such
permits, or whether Doltona is entitled to a variance from any
rules or statutes which might preclude issuance of the develop-
ment permit.
A formal evidentiary hearing before an adminis-
trntive .lnw judge in proceeding No, 79-2471 took place in April
and May 1981; the resolution of these issues may take more than
a year; 3.nd
InIEREAS, Deltona hns challenged the validity of
certain DER rules, culminating in an administrative order of a
hearing officer declaring certain of the DER's rules to be
invalid and certnin other rules to be valid.
These rule
challenge proceedings are now the subject of DER appeals and an
appeal by conservation invervenors (......hose motion to intervene
in the administrative proceedif)g wns denied) to the First
District Court of Appeal of the Stnte of Florida, which have
July D, 1932
been cl)nsolid.1tcd as Statc.~'.1~ridt~l'r)'1rtm(':nt - f Environ-
mental Rcr,ulation 'IS. The Delton" CorporatIon,
Docket
Nos.
XX-335, XX-336 and YY-76, Deltona has, in it. cross-appeal,
challenged the constitutIonality of certaIn provisions of
Chapter 403, Florida Jtatutes, Bnd the validity of DER's
implementation of Chapter 403, and
liHEREAS, Deltona initiated proceedings in the United
States Court of Claims i~ which Deltona alleged that the April,
1976 denial of De~tona's permit application by the Corps of
Engineers resulted in a denial of all economic use of the
affected property. The Court of Claims trial judge entered a
recommended order finding that the Corps of Engineers' denial
was an
unconstitCltional taking of Deltona's property that
requires payment of compensation to Deltona. The United States
Court of Claims reversed and found that the Corps' April 1976
decision granting Deltona's Collier Bay permit application and
denying Deltona's Barfield Bay and Big Key permit applications
did not constitute a taking and did not deny U,
lOa all
reasonable use of the affected property, Deltona Corp. v.
United States, 657 F.2d 1181. \Ct. Cl. 19B1), The U.S. Supreme
Court on March 22, 1982, denied Deltona's Petition for Writ of
Certiari (No. 8]-1207) to rcview the decision of the United
States Court of ClaIms, and
WJEREAS, Deltona also initiated proceedings in the
United States District Court, Middle District of Florida,
styled Deltona Corp. v. Alexander et. a1., and E,wironmental
Defense Fund, Inc., National Audubon Society, Inc., Florida
Audubon
Society,
Inc.
and
Collier
County
Conservancy.
defendants-intervcnors, challenging the validity of the Corps'
April 1976 decision.
On January 14, 1981, the United States
District judge granted final judgment in favor of the Corps and
conservation intervenors, Deltona appealed the decision to the
United States Court of Appeals for the F.leventh Circuit, No.
81-5226,
and 01 decision from that Court is pending,
and
ImEREAS, the Marco area comprises a unique and irre-
placeable wetlands coastal estuarine .ystcm, most of which is
rMi
C69 r^cf440
:::'l.lbjcc:t to
J"ly lJ, 1.9B~
recul.atl0n by the St3te of F:orida and the Corps of
Engineers:
A. The Unit 30 area constitutes the major
wading bird feeding habitat in southwest florida, supporting
the only major rookery in southwest Florida.
B. The wetland portions of the Unit 24 area
adjoin the Rookery Bay National Marine Estuarine Sanctuary.
. C. The wetland areas under Deltona ownership,
constitutit.g thousands of acres, contain basin black mangrove
forest, red mangrove forest and mixed mangrove forests which
are a major contributor to the estuarine food web.
D. The wetland areaS under Deltona ownership
are a major nursery area for shrimp and marine juvenile
organisms of all description.
E. The coastal estuarine system providQs a
unique habitat for wildl ife.
F. The wetland portions of th~ estuarine
system protect a:1d enhance the water quality of the adjacent
bay areas.
WHEREAS, the Marco area is near Rookery Bay National
Estuarine Sanctuary, Aquatic Preserve G-14, Collier Seminole
State Park, Big Cypress Swamp and other government controlled
environmentally sensitive areas; and
HllEREAS, the acquisition by the State of Florida, or
related conservation organizations, of approximately 15,000
acres of the estuarine property as described above, and as more
fully set forth in this Stipulation and Agreement, is deemed to
be a matter of great public interest, and
\.[l{EREAS,
the
inab i 11 ty
complete
the Marco
to
Community has adversely affected not. only Deltona but thousands
of third-party purch~5crs; and
\mEREAS. in recognit ion of the lega 1, equi tab le, en-.
vironrncntal, regulatory and conservation interests affected by
this unique development, the parti~s here"o deem it in their
individual and collective interests, as well as in the general
,.
July 13, 1982
rublic interest, to resolve all outstandinc issue. and to
provide a speedy conclusion to the development issues now
p~nding before state and federal regulatory agenciesl and
IW\, THEREfORE, the p"rties hereto, in consideration
of the mutual covenants and promises herein contained, agree as
follows:
1. The Stat~. of Florida hereby permits Deltona to
develop the real property depicted on Exhibit "B" attached
hereto, and labelled ther"in as "Development Areas" (the
"Development Are~s") in accordance with the Conceptual Develop-
ment Plan attached hereto as Exhibit "c" (The "Conceptual
Development Plan").
The Conceptual Development Plan is a
statement of the general planning concepts to be employed in
the Deve lopment Areas.
(The graphic portions of the Exhibit
"c" are for illuotrative purposes only.) Illustrations only of
Exhibits "B" and "e" are attached hereto.
Exhibits "B" and IIC"
are on fj 1 e wi th the DER and should be referred to for purposes
of interpreting this Stipulation and Agreement.
"Deve lopment ",
as used herein, means alteration of the land and topography,
dredging.
filling,
placement
and
cons truction of
roads,
utilities, installation of drainage facilities, construction of
residential
and
commercial
buildings
facilities,
and
as
permitted under the terms of this Stipulation and Agreement.
It is the express intention of Deltona and the State of Florida
that this Stipulation and Agreement shall serve to permit the
development activities herein identified within the Development
Areas in accordance with the Conceptual Development Plan
without the ,",ecessity of further appr()\'als by them, except as
specifically set forth herein.
However, this Stipulation and
Agreement docs not obviate the necessity of obtaining the
following permits or regulatory approvals:
A. Construction and operation of sewage dis-
posal facilities and solid waste disposal sites,
B. Construction and operation of water treat-
ment and distribution facilities,
e~:., C169 i'iGf442
July 13, 1982
C. Construction of entrances or driveways from
or onto state roadways I
D. SFIMD approvals and permits for consumptive
use of water andfor artificial rechargel and
E. Collier County approvals as required
pursuant to paragraph 17.
2. No dredging, filling, drainage or destruction of
vegetation ,n areas outside the Development Areas is permitted
under the terms of this Stipulation and Agreement.
3. Deltona agrees that the airport in Unit 30 is
restricted to a single development use as an airport and may
not be subject to residential, industrial or other commercial
use.
4. Subject to the conditions in Paragraphs 8 and 9,
the conservat ion intervenors expr~s sly consent to and support
the issuance of perffiits by the State of Florida under Chapters
253, 380 (except ~s hereinafter set forth in Paragraph 6) and
403 and by the SF~mD under Chap ters 373 and 403 for the
Development Areas in accordance wich the Conceptual Development
Plan, as further refined in Exhibit "0" (the "Engineering
Detail Drawings") and Exhibit "E" (the "Conceptual Drainage
Design Criteri,,"j.
5. Subject to the conditions in Paragraphs 8 and 9,
the cc,nservation intervenors expressly consent to and support
the issuance of permits by the Corps of Engineers under Section
10 of the 1899 Rivers and Harbors Act, 33 U.S.C. Section 403,
and Section 404 of the Clean \Jater Act, 33 U.S.C. Section 1344
for the Development Areas in accordance with the Conceptual
Development Plan, as further refined by the Engineering Detail
Drawings and the Conceptual Drainage, Design Criteria.
6. The parties hereto acknowledge that certain
final constructio~ plans (such as detailed bridge design,
detailed design of lakes and other drainage features) could not
be produced prior to execution of this Stipulation and Agree-
ment.
As to such matters, Del tona and the State of Florida
-~-- "',........,
July 13, 1982
Drawings and the Conceptual Drai,w[;e Design Critcria. At such
time as Deltona has prepared final construction plans for any
of the Development Areas or ,1~Y pha<e of a Development Area,
Deltona shall submit such plans to DER, the SFlMD, any other
agency as the DER may designate, and ~he Collier County
Conservancy
(or such other representative entity as the
conservation intorvenors O1ay from time to time designate), as
representativl3 ")f the conservation intervenors I for review to
determine whether such final construction plans are consistent
with the
En[;ineering Detail Drawings and the Conceptual
Draindge Design Criteria.
The Collier County Conservancy (or
such other representative as the conservation interw~nors may
from time to time designate), as representative of the con-
servation intervenors, shall have sixty (60) days from receipt
of such pldns in which to comment in writing to Deltona and the
State of Florida with respect to the 'conformance or noncon-
fcrmance of such final cons truct ion plans to ~he Engineering
Detail Drawings at1d the Conceptual Drainage Design Criteria.
Except as provided below it1 this Paragraph 6 with
respect to SF\"1m. such final construction plans shall be deemed
approved oy the agencies in accordance with this Stipulation
and ^[;reement ur.less, within ninety (90) days following receipt
thereof. the DER or other agency designated by the DER, shall
providewrilletl notice to Delto-na of any ;nronl=;istcncy between
such final construction plans and tne Engineering Detail
Drawings or the Conceptual Drainage Design Criteria, specifying
in such notice those modifications to the final construction
plans as will conform such plans to the Engineering Detail
Drawings and the Conceptual Drainage Design Criteria.
In the
event Oeltona conforms its final construction plans in accord-
ance with such agency notice, such plans shall be deemed
approved by those agencies in accordance ,,'ith this Stipulation
and Agreement.
In the case of SFIIMD' s review of such final con-
atruction plans, the requirements of Chapter 373, Florida
Statutes, Chapter 403, .flor!i,,---,~t,,~!!.!.~". (to the e"tent dela-
~
0::- 069 r,\c~
.July 13, 1082
and the rulc" set forth in Chapter 1,0E rAC,
gated to s,.,mD) ,
shall be deemed complied with as follows:
A. Deltona may file an application for surface
wat~r management conceptual approval and shall flle an applica-
tion for a surface water management permit on the form or forms
prescribed by the SFWMD for all Development Areas.
8., In any app lica t ion to SFHMD, De I tona will
respond to all items relating to surface water management,
provided, ho,,~ver, Del tona shall not be required to submit
information or data with respect to the suitability of the land
for the proposed use, or information or data with respect to
environrn~i\tal impacts related to sllch proposed land use.
C. Based upon the information submitted by Deltona
in any application, SHIMD shall grant or deny the application
in accordance with FAC Rule 40-E 1. 603,
In consider~ng any
application submitted in accordance "ith this Paragraph 6,
SFlMD shall consider only those items for which Deltona is
reG~ired to submit info~mation in accordance with subparagraph
B above.
D. It is acknowledged by SF',,'MD that various
purtions of the Development Areas may be the subject of
separate applications in accordance with this Paragraph 6.
E. In reviewing Deltona's application in accordance
with this Paragraph 6, SFlJMD will apply its then current regu-
lations with respect to surface water man.:Jgement (excluding
those items provided in subparagraph B above). However, SFI-IMD
acknowledges that Deltona "ill not fully comply with its
reqcirements for a surface water management permit for the
following areas: "Isle of Caprill, "Goodland Marina", "Barfield
Bay Single-Family", "John Stevens Cr~ek and Barfield Bay Multi-
Family", and "Horr's Island", which at"eas are identified on
Exhibit "B" hereto.
Such areas encompass approximately 260
acres of the 3,500 total estimated acres in the Development
Areas.
For such .areas, Deltona will be unable to comply with
SFHMD's present regulations with respect to retention/detent! 'n
H"T.'e~ .,nd the limi tRt ion of pos t-deve lop,"ent peak discharge
I..
levels. In
July 13, 1082
the C.3SC of such nrcas I
to predevc!opment
SFlIHD
will grant surface water management permits in the event
Deltona meets SFWMD's other requirements, and in addition,
sat~sfactorily demonstrates thnt it has u3ed all c;corcomically
reasonable design methods in an effort to substantially meet
SFHMD's
r('quiremen~s
for retention/d~tention storage and
post-development peak discharges or to mitigate any potenti~l
adverse effects resulting from its failure to meet fully
SFlI'MD's requirements.
7. The Secretary of thp DER, or the SFlI'MD Governing
Board, as may be appropriate to the issue, shall resolve any
dispute between the parties as to conformity of such final
construction plans with the Engine".~ng Detail Drawings and
Conceptual Drainage Design Criteria,
Any such determination
made or proposed by the Secretary or the Governing Board shall
constitute agency action affecting t~e substantial interests of
the parties to this Stipulation HllG Agreeme:lt, and entitling
'. said parties to the hearing rights prescrUed under Section
120.57, Florida Statutes.
All parties shall r~tain any other
administrative and legKlrights, as provided by law, to contest
the .agency determinati0n as to conformClnce of. such final con-
struction plans l,.,ith Exhibits liD" and liE II ,
This provision
shall not exempt Deltona from fully complying with the sub-
division regulations and other ,'ppHcable county and federal
requirements with respect to such final construction plans.
8. The approvals by the State of Florida granted
herein in Paragraphs 1 and 6 and the consents by conservation
intervenors made herein in Paragraphs 4, 5 and 6, are subject
to and shall not become effective until Deltona conveys to the
TUTF, or its designee, all af the real property described on
Exhibit "F" attnched hereto.
Such conveyance by Deltona shall
be in eY~hat1ge for a conveyance by the TIITF to Deltona of
certain, yet to be designated, State owned real property (the
"Section 8 Exchange").<
It is acknowledged by the parties
hereto that the acreage and the precise description of the real
properties to be exchanged by Dcltona and the TIITF i. subject
BO~i 0G9 fI,C~
to [i:rf,,~'" npprovl\l
.I"!y 11, 19H2
by Oeltonn nnd thl! TIITF after r;atl!ifaction
~f ,,11 regulatory requirement. of the TIITF wi~h respect to the
acquisition of real property by the nITF.
Such regulatory
requirements shall be deemed satisfied at such time as Deltona
and the TIITF enter into a binding contract for the exchange of
the real property.
In the ~vent the real property acquired by
Deltona in. the Section 8 Exchange includes any wetland areas
which are wichin the jurisdiction of the DER or the Corps of
Engineers, Dc Hona agrees that it will not seek permits co
develop such wetland areas.
9. De 1 tona is al so in the process of seeking the
approvals and permits required from federal agencies as are
l"gally necessary to permit the completion of development in
accordance ~lith the Conceptual Development Plan.
In the event
all such federal approvals as are required arc obtained,
Delt0na shall convey to the TUTf, or its designee, as part of
the "Section 8 Exchange", the real property described on
ExrJbit "G" hereto.
Sa id conveyance sha 11 be in addition to
the real property described 1n Exhibit "F". The real property
described 0'1 Exhibits "F" and "G" is graphically depict.ed in
green and blue on the illustration which is attached as Exhibit
HI" hereto.
Ir. the event all such federal approvals have not
been obtained at the time of the "Section 8 Exchange", Deltona
may. at its option:
1) include all or " portion of the
property described on Exhibit "G" as part of the "Section 8
Exchange"; or 2) with~old all or a p''Htion of the Exhibit "G"
property from the exchange until such time as the federal'
permits which Deltona must obtain are received. In the event
the property exchange is completed without conveyance to the
TIITF of all the real property described on Exhibit "G"
(pending receipt, or after denial of, the federal permits)
Deltona
sha 11
restrictive
permanently
record
covenants
e.1cumbering the land described on Exhibit "G", (excepting that
portion of such land as has been conveyed by Deltons in satis-
faction of its obligations to purchasers under contracts
t t~..,~
-..~. .~ .h~ rl"t~ of this Stipulation and Agree-
July D, 1982
ment), which covenants shall prohibit: construction on, or
alteration of the topography of such real property.
In the
event Deltona does not include all of the property on Exhibit
"G" as part of the "Section 8 Exchange", the recording of
restrictive covenants on such property shall be deemed part of
Deltona's obligations under the "Section 8 Exchange".
10. Simu1taneous with the closing of the "Section 8
Exchange" as described in Paragraph" 8 and 9 of this Stipula-
tion and Agreement, all permits and approvals granted in
Paragraph 1 shall become effective and Deltona shall have the
right to proceed thereafter in accordance with such approvals
to undertake development in the Development Areas consistent
with the Conceptual Development Plan, t'1e Engineering Detail
Drawings, the Conceptual Drainage Design Criteria and in com-
pliance with the final construction plans as approved pursuant
to the terms of this Stipulation and Aereement.
Exchange to
the State of Florida of the real property described on Exhibit
"G" shall not constitute a condition precedent to the approvals
granted to Oeltona by this SLir-'.:la.tion and Agreement unless
Deltona receives all federal permits as provided in Paragraph 9
of this Stipulation and Agrcc:ncnt. in which event the Exhibit
"G" prop~rty shall be conveyed as herein provided.
11. This
Stipulation
and
Agreement
constitutes
approval of 14,500 dwelling uni ts to be located within the
Development Areas.
The location and mix of single-family and
multi-family dwelling units, the type, quantity and location of
roads, pubLc facilities and other major improvements, as well
other
residential
subdivisions,
appropriate
to
as
uses
including comrnerr.:ial, recr~ational and other uses, shall be
subsequently determined in accordance with zoning and subdivi-
sion regulations and a development order issued by Collier
after
review and
recommendation by the
County,
Florica
Southwest Florida Regional Planning Council (S"'FRPC) pursuant
380,
to Chapter
Florida Statutes,
as hereinafter further
specified,
~c;9 ",,44'1
DOcK
05' r.\SE44I
The partie.
:lcknowlcJy,c
,July D, 19R2
that the 11.1 reo deve lop-
ment has been the subject of extensive study, principally from
the standpoint of environmental and related land use issues,
but also with respect to other development issues. Deltona has
been in negotlation with the DVCA with respect to the binding
letter previously issued by the DVCA as well as subsequent
modifications anti additions to the l1arco development which, in
part, resuJ ted i... an sgreement between Deltona and the DVCA
under date of August 8, 1980. This Stipulation and Agreement
super cedes the August 8, 1980 agreement.
The parties a,knowledge the statutory criteria
for
review of
developments of
regional impact and have
addressed certain of such criteria, as well as the additional
public interest considerations which are represented by this
Stipulntion and Agreement.
Deltona agrees that upon the effective date of
this Stipulation and Agreement, it shall abandon any and all
rights it may have in and to the previously issued TIITF dredge
and fill permits for the Barfield 8ay, Big K~y and Collier-Read
areas, as well a8 the water quality certifications previously
issued for the Big Key and ~arfield Bay areas.
Deltona agrees that upon the' effective date of
this Stipulation and Agreement, it will abandon the vested
rights status of thc dwelling units located within the follow-
ing units of ~1arco Beach subdivi.i.cn: 5, 9, 13, 15, 16, 17, 18,
19, 20 and 24, excepting therefrom those portions .of said units
located within the Development Areas, and those portions
located within the existing development of l1arco.
Accordingly, with respect to development in
accordance .'ith this Stipulation and Agreement, Deltona shall
be deemed to have complied with the requirements of ~apter
380, Florida Statutes, and all regulations promulgated pursusnt
thereto, as follows:
A. Deltona shall file an Application for
Development Approval <ADA) on the form prescribed by the SWFRPC
for all arells lying outside of Units 1 through 27, Marco Beach
Jll..LY 1.,), ).. .Ju...
subdivision and replats thereof. Unics I throueh 27 of Harco
Bench subdivision and /lny replats thereof sh.111 nC't be regarded
as a portion of the devDlopment for purposes of the ADA.
Deltona will pay the appropriate fees for DRI review.
B. In the ADA, De 1 tona shall be required to
respond only to those items marked "required" on sttached
Exhibit "H".
Tne parties acknowledge that those issues to
which Deltona will nut respond have been, and will continue to
be, addressed by the partie. to this Stipulation and Agreement
in the manner specified herein.~
C. Based upon the information submitted by
Deltona in the ADA, as described in B above, and without
request for additional information, SHFRPC shall issue its
report (recommended development order) at its first regularly
scheduled meetinil which occurs following sixty days from the
date Deltona submits the ADA. Such report shall address only
those items for which Del ~ona was required to submit informa-
tion in accordance with B above.
Failure of SHFRPC to issue its report within the
prescribed period shall be deemed ileneral approval of the
project as described in the ADA, thcreby fulfilling that
380,
agency's review requirements under Chapter
Flor ida
Statutes. for the Marco Project.
D. Any appeal by the S\IFRPC shall be limited
to those issues, with respect to which Deltona was required to
submit information in accordance ~ith B above.
E. The total project will be reviewed within
the time limits set forth above. This Stipuldtion and Agree-
ment docs not contemplate phased review by the SHFRPC.
F. The ADA shall be circu!.1ted for comment by
SHFRPC only to those agencies having jurisdiction with respect
*
This process is consistent with the procedures created by
the 1980 .1mendments to Chapter 380. providi.ng for nego-
tiated agreements to reduce I)aper work, discourage unneces-
sary g.1thering of d"t;, "nd to "ncouraee the coordination of
DR! review with other federal, state and local permitting
and reviews.
"""~" . .A
no~K ~ r'\a..floO
.July lJ, 1982
Delton. ~~s required
to submi t
to those items
for which
information in accorrlance with B above, and to the cOllscrvatlon
intervenors.
G. After a Development Order has been issued.
Deltona shall be required to comply with the provisions of
S380.06, Florida Statutes, governing annual reports and future
changes to the development.
Other than as set forth in this Stipulation and
Agreement, no further review, pursuant to Florida Statute 380
(or amendments thereto cr. regulaticns promulgsted pursuant
thereto), shall be required of this development.
12. Th is St ipu 1 a t ion and Agreeme.nt sha 11 not abridge
the rights, if any, of the parties hereto to participate as
parties in any development of regional impact proceedings
contemplated by Paragraph 11.
13. A fully executed copy cf this Stipulation
and Agreement shall constitute all required permits and
approvah from the State of Florida for development in the
Development Areas in accmrdance with the Conceptual Development
Plan, the Enginee ring De t.1 il Dr awi ngs. and the Conce.ptua 1
Drainage Des ign Criteria. and the final construction plans. A
fully executed copy of this Stipulation and Agreement shall
evidence the consent of the conservation intervenors to those
permits and approvals specifically enumerated in Paragraph 4
subject to conditions set our. in Paragraphs 8 and 9. No
further authority for the commencement or completion of
development shall be dc~anded or required of Deltona, except as
specifically provided in this Stipulation and Agreement.
14. It is acknowledged by the parties hereto that
during the course of development certain conditions may occur
which necessitate rnodiflcations in the delineations of the
Development Areas contained herein, the Conceptual Development
Plan, the Engineering Detail Drawings, the Conceptual Drainage
Design Criteria or final ConstrucUon Plans. Any such modifi-
cations shall be made only in accordance with the following
procedures:
A. Such reque, ted modif icution shall be mude,
i" writing, by Deltona, with copies provided to all parties to
this Stipulation and Agreement. Such request shall include the
reason for such proposed modification.
B. In the event the requested modification
would (w) increase any Development Areas to include additional
wetlands, or (x) increase the maximum number of approved
dwelling units in any individual Development Area from that
provided for in Paragraph 11 of this St~pulation and Agreement,
the modification shall be effective sixty (60) days after the
modification is requested, provided (0') the modification has
been appr0vecl t" wdti"gby the DER, the SF\Vl'lD, the DVCA and
Collier County, and (z) the mudification has been approved in
writing by a majority of the conservation intervenors. Such a
reques ted modification shall not be effective unless the
conditions of (y) and (z) are met.
C. IJitil respect to any modification request
other than as pr 0 'in subpa r agr aph B above, said modifica-
tion shall become effective sixty (60) days after such request
is made to all parties by Deltona, unless written notice of
objection is received from the affected agency or agencies
("affected agency or agencies" means the agency that, absent
this Stipulation and Agreement, would assert primary regulation
over the requested modification) or from a majority of the
conservation intervenors within said sixty-day period, in which
case said modification shall not become effective unlesa and
until such objection is resolved by abreement of Deltona and
the affected agency or agencies and a majority of the conserva-
tion intervenors.
D. Notice of the effectiveness of any modifi-
cation shall be provided by Deltona to all other parties within
thirty (30) days following the effective date of such modifi-
cation.
15. Each party shall have the right to enforce
complisnce with this Stipulation and Agreement or to enjoin a
violation of the 53me administratively and judicially, and
nothing herein contained shAll prohibit or restrict such right.
0'
"'-..
-.
.JlIly 13, 19U1 '
aO~K 069 rAcl<462- 'l"ne .,dr1inlstr.,tive and judicial procecdings
which are the subject of this Stipulation und Agreement are as
fo llows I
(1) Oeltona vs. United States of America, Case
No. 370-76,
(2) Oeltona vs. Marsh, Case No. 81-52261
(3) Magp;io v. Oeltona, Case No. 79-4665-Ctv.-CAI
(4 ) Oeltona vs. OER, Case No. 79-24711
(5 ) Del tona vs. DER, Case No. 80-683,
(6 ) DER vs. Deltona, Case No, XX-3351
(7) DER vs. Deltona, Case No. XX-336,
(8) National Audubon Society et al. vs. Deltona,
Case No. YY-76, and
(9) Oeltona vs. OER, Case No. 1308.
The litigation parties hereto rlo hereby stipulate and agree
that the above-described administrative and judicial proceed-
irgs shall be dismissed with prejudice, subject, however, ,to
tre following'
A. Iii th respect to proceerlings 6, 7, 8 and 9.
the execution of this Stipulation and Agreemcnt by all partiesl
B. liith respect to proceedings 4 and 5, the
execution of this Stipulation and Agreement by all parties, and
the effectiveness of this Stipulation and Agreemont (and the
constituent approvals) as set forth in Paragraph 8 of this
Stipulation and Agreement,
C, Hith respect to proceedings 1, 2 and 3, the
execution of this Stipulation and Agreement by all parties, the
effectiveness of this Stipulation and Agreement (and the con-
stituent approvals as set forth in Paragraph 8 hereof) and
receipt by Deltona of all approvals necessary for development
as herein described from the Corps of Engineers, the United
States Coast Guard, and any other federal agencies that may be
granted jurisdiction over such development between the date
hereof nnd the dnte of such dismissals I and
D.
liith
to all proceedings. the
respect
expiration of any periods wherein third parties might appeal or
.......j
otherwise attock the validity of the npprovols here~n contained
or the approv~l of permits issued by the Corps of Engineerr. or
other federal agencies.
The parties hereto agree to file in the appro-
priate proceeding such petitions or motions aS'may be necessary
or required to timely effectuate the dismissals in scr.ordance
with the terms of this paragraph.
17. Execution
by
Collier
County evidences
the
County's acknowledgement that the Comprehensive Land Use Plan
for Collier County classified virtually all of the Development
Areas designated on Exhibit "B" as "residentiaV' land use. The
Comprehen"ive Land Use PL1n will be automatically corrected to
classify to the appropriate residential designation those areas
previously platted, specifically, Barfield Bay Multi-Family and
Single Family. John Stevens' Creek and Unit 24.
Those areas
designated as Environmentally Sensitive on the Comprehensive
Land U~C Pl;]n ;Jnd tntcndcd <~s development areas on Exhibit "B"
arc concurrC'ntly dC:5igi1.1tC'd ,15 "residential" land use. Accord-
ingly, said areas may be developed in a manner not inconsistent
with the Comprehensive Plan upon tho granting of such zoning
ordinan~e amendments .19 ,1rc neCCSf.
tn conform the zoning to
the Comprehensive Plan.
For those areas shown as development
areas on Exhibit "8" and not appropriately designated on the
Comprehensive Land Use Plan, Deltona will submit applications
for ,1n1endment to the Comprehensive Land Use Plan.
The County
further recognizes the puhlic interest served by preservation
of the wetland areas to be conveyed to the State, as well as
r~solution of the other issues addressed in this Stipulation
and Agreement.
The County shall expeditiously process all
app lica tions made in conformity wi th the Comprehensive Plan
provided, however, nothing herein shall exempt Deltona from
compliance with Collier County zoning, subdivision and building
regulations and other requirements applicable to the develop-
ment described herein.
Nothing in this Stipulation and
Agreement shall be construed as nn advance approval by Collier
County of the development contemplated hereby.
""~ft
.-
iiD~f, tJ~ IN,t""'"
18. This Stipulation ,1<"1 /'tl[~L~rn..,nt 611.]11 be binding
upon th~ successors, representatives and assigns of the parties
hereto.
IN WITNESS \nIEREOF, the undersigned have executed, or
caused this Stipulation and Agreement to be executed, as of the
day first above written.
TH~ DELTONA CORPORATION
By:
Its
THE DEPARTMENT OF ENVIRONMENTAL
REGULATION OF THE STATE OF FLORIDA
By:
Its
THE TR USTEES OJ" THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
Its
THE DEPARTMENT OF VETERAN AND
COHHUNITY AFFAIRS OF THE STATE
OF FLORIDA
By:
Its
THE SOUTH FLORIDA \,ATER MANAGEMENT
DISTRICT
By:
Its
THE NATIONAL AUDUBON SOCIETY
By:
Its
THE FLORIDA AUDUBON SOCIETY
By:
Its
"
~"....
By:
Its
ENVIRONMENT AL DEFENSE FUND
By:
Its
THE FLORIDA DIVISION OF THE IZAAC
HALTON LEAGUE
By:
Its
COLLIER COUNTY
By:
Its
aO~l C69 pmG
-25-