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Parcel 119FEE PROJECT: VBR Extn. 60168 PARCEL No.: 119FEE FOLIO No.: 00206800509 DONATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ,;Zv'it>.. day of ;f/<trv..:A , 2010, by and between OFC OF NAPLES, INC., a dissolved Florida corporation, whose mailing address is 9393 Vanderbilt Beach Road Extn., Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Fee Simple Estate over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and free and clear of all encumbrances, and at no cost to the County unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Deed) is hereinafter referred to as the "Closing." 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. County shall pay all fees to record the conveyance instrument and any curative instruments required to clear title. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ,2-,)""l, -U' ..". ATTESt.. €i'lJt;:~O "~" DWI~#~:j'R9~~.!erk ~:tr::~~ .. . .......~, ..,,~~ th1', .,' AS TO OWNE~ / DATED: 3 t.:z. ,,/ w4!J/ 0 . . ( ~~~ ~ FiNol-u-;<-l<- JY4""~ Nam (Print or pel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 'NW. ~ FRED W COYLE, CHAIR. N OFC OF NAPLES, INC., a dissolved Florida corporation BY: r Name (Print or Type) /J1.~~ Title / ,/ (Signature) ~. ilfAYJ JI 5r7li1z- Name (Print or Type) Approved as to form and 'lJ sufficiency: .j A (je() Assistant County Attorney Last Revised: 8/20/08 I \ \ I ~~I ~6!I ~r- SQ, FT. OR rX::-<"-./~1 1'""' " N w+, EXtEIT...6.., Pege--L. of I s SE 1/4. SE 1/4, SECTION 35 60' -I OFC OF NAPLES INC OR 2206/1045 PROPOSED PARCEL 119 FEE 79,377 SQ. FT, I r---L -~ .~ 410 I ~~- "r"--'-T"--" I I I ! 4"/<1 ~ 'I -_.. '" """'.-- 11 HJ ~,~ H:l -T'"""-'''''f'''.....-.;--._~,~. --=-l-~:::::'_____ 61a --- --' -,- -- [' I SQUARE FEET OFFICIAL RECORDS (BOOK/PAGE) PROPOSED RIGHT OF WAY PARCEL LEGAL DESCRIPTION (PARCEL 119 FEE) A PARCEL OF LAND LYING IN SECTION 35. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 60 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35. CONTAINING 79,377 SQUARE FEET, MORE OR LESS, o I ,dJ1~su~aOR FLORIDA RI:C'STHllr'M' flr~'lr. n: NO. 5301 SIGNING DATE: , L: D' NOT VALID WITHOUT THE SIGNATURE '" ~ RAISED EMBOSSED SEAl OF A FLORIDA REGISTERED PROFESSIONAL \JrNE OR AND MAPPER, IDD zoo 4UU .J SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1.""200' BOARD OF COUNTY COMMISSIONERS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED PARCEL RIGHT OF WAY D'lT^n"'~on CONSULTINO avil~ ..&.. ...., ,.... A SurveyiDg&MappIog 6610 Willow ParkOrtve, Sulle 200 Naples, F1orkla34109 Phone: (239) 597-0575 FAX: (239)597-0578 LB No.: 6952 FILE NAME SHEET SK119FEE OF 1 PARCEL 119 FEE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION 060119.00.00 1 SCALE 1" - 200' ORDINANCE NO, ] 0- ..9..L. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, fLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTAFlI ,ISHED THE COMPREHENSIVE lONING REGUl.ATlONS FOR THE UNINCORPORATED AREA Of COL!.!ER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZO:'-JING ATLAS MAP OR MAPS BY CHANOING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE GOLF COURSE (GCl ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT-NEUTRAL LANDS ZONING OVERl.A Y DISTRICT TO THE AGRICULTURE (A) ZONING DISTRICT AND THE RURAL FRINGE \;fIXED USE DISTRICT-NEUTRAL LANDS lONING OVER!.A Y DISTRICT FOR THE PROJECT KNOWN AS OLDE fLORIDA GOLF CLUB, LOCATED AT 9405 V ANDERB)LT BEACH ROAD EXTENSIOr\, IN SECTION 31, TOWNSIlIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, flORIDA, CONSISTING OF 554+/. ACRES SUBJECT TO CONDITIONS; PROVmING FOR REPEAL OF ORDINANCE 91-16; AND BY PROVTDING AN EFFECTIVE DATE, WHEREAS, Margaret C Perry, AICP, of WiIsonMiller, Inc, and John Passidomo, Esq., represcnting Olde Florida Golf Club, ]nc., petitioned thc Board of County Commissioners to change the zoning classification of the herein dcscribed real property. NOW, THEREFORE, BE IT ORDAINED IW THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporatcd hercin by reference, locatcd in Section 31, Township 48 South, Range 27 East, Collier County, Florida, is changed from the Golf Course (GC) Zoning District and the Rural Fringe Mixed Use District Neutral Lands Zoning Overlay District to the Agriculture (A) Zoning District and the Rural fringe Mixed Use District-Neutral Lands Zoning Overlay District for a 554+/- acrc project known as Olde Florida Golf Club. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Co\lier Olde Florida Golf Club. RZ- 2008,AR,I3951 Rev 01113/10 I 01'2 .. -"-~. ._,""_._-~...._... ."'. .--.." ..-- County Land Development Code, is/are hereby amended accordingly, subject to the Conditions of Approval, attached hereto as Exhibit B and incorporated herein and in accordance with the Map of Future Development Envelope attached hereto as Exhibit "c" and incorporated herein. SECTION TWO: Ordinance 91-16 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this cJ3 rt\ day of Fe b'UO'J' 2010, ATTEST: DWIGHT E, BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FR:t::!;y~C~ ,,' .' .' 'eputy A,,*: . lID .: . ~. ~ '--.-:w-tL.:;' ....:t . .. ?c;:::"~ <...",..,~~~/ .t')~ . 11. ;'.\> Approved as to form and legal sufficiency: tL,d:,~;d. [to Section Chief, Land Userrransportation Attachments: Exhibit A - Legal Description Exhibit B - Conditions of Approval Exhibit C - Map of Future Development Envelope OS--CPS-00902/48 Olde Florida Golf Club ' RZ. 2008,AR,I3951 Rev. 01113/10 20f2 EXHIBIT A OlDE FLORIDA GOLF CLUB lEGAL DESCRIPTION All of Section 31, Township 48 South, Range 27 East, less that East V. of the Northeast 14 thereof, Collier County, Rorlda. EXHIBIT B Conditions of Approval I, The Property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. 2. The landowner, its successors or assigns shall, at the time of physical development of the Property under an approved site plan or subdivision plat, provide at its sole cost and expense an integrated stormwater management system designed. permitted, and constructed to provide appropriate facilities for on. site stormwater and for conveyance of stormwater off-site flow from adjacent properties to the north, per historic overland flow patterns. The integrated stormwater management system may include an engineered tlow.through channel, a natural tlow-way through contiguous preserve or buffer areas, a hydraulic connection to an approved development water management system, or any combination thereof~ but expressly excludes design, permitting or construction of any improvements located on any land ofT-site to the Property which is rezoned under this Ordinance. Capacity of the conveyance shall be determined by mutual agreement of the County and the landowner based upon analysis of the basin as required by site plan or subdivision plat revlcv. and approval. The design, permitting and construction of such system must be approved by the County and a drainage casement encumbering the appropriate components of such system shall be dedicated to Collier County with no responsibility for maintenance at the sole cost and expense of the landownt:r, its successors Of assigns. 3. The permitted uses in RFMLJ District.Neutral Lands are permitted on the Property as of right except for farm labor housing. 4. The accessory uses in the RFMLJ District-Neutral Lands are permitted on the Property as accessory to uses permitted as ofrighl or to approved conditional uses. 5. The following uses in the RFMLJ District-Neutral Lands are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00 of the LDC: a. Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. b, Multi-family residential structures subject to the following development standards: (i) Building height limitation: 2 stories (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center (iii) Setbacks: 50% of the height of the building, but not less than 15 reet c. Those essential services identified in Sections 2.01.03(G)( I) and (G)(3) of the LDC: 6. At the request of Collier County, at the time the Ordinance rezoning the Property becomes final and non-appealable the landowner. its successors or assigns shall execute and deliver a Donation Agreement for Parcel 119FEE on the Vanderbilt Beach Road Extension Project to Collier County at no cost or expense to the County.. 4841-14935 #96 #2 - ~~Il'SSlIClCESICMIl$OllAS$OlSIlWU,ATTll[TlY[or/'H'f1IColL~..:NfOf TH[I'fIOI'OOm'\,MlO/fI_D_I'lMI>>SUIlOMSlOtlIUl'.~UI1lIOl[OOS'I .lHO t:O'lIHltM ~mllll"'TPl ~[NTSTIl'ElI DBtINEll. Nllllmll,4If) ~1QiOIlOWU~'1C1J1ICSfOllCW.lIlTI:SlDII_TtlI>>lC'DIIC01fitY.voe[ ~~~.Ff:l~-STQIUftIA~~"::T~=,lH [lC:lr.uJ(llNM-IK_CI'W"I<<I."~P'UIW_~~PIlf:VIlVtDII 1\.WnJl-'''~~QN<IP;T(lIITOAIl~__1D1I/WIO[1IIINT ~-ot~~?u:rUJl~~~ft~~.,1tCIl ISIlUOlCl.MlOITHII~. tN'fCfJTtS'lH( CII:lIfon/rlClSMlU.. D(TtII"'QlII' W.mw.. ~[IIIlNt Df' M 0ClI,IItf'\' *0 M IIl/IIOO-U"'O U.-.col _'I'lIllI 0If1lC MSIN AS.QlJllRI....5n:P'\,NoICltIlJIIlMIION,.."T__....O~NIlOIOH,~~ ~~Df'IUtHI'I'I!IIlWUIT.~.,.Mt:OIMrfNlOA~ WDlOO DQM_ TM!: _11: CO"OIC!If1 0If IUCN M10I ~ . llUllCA~ 10 OOUllRCOI.H!TImlNOIlDPONlilIIIIUlFOR~ctn1Mi:SIlLiOOlif/lKlPPl:N5E1)f TH[1NCXllIlWDl.Il$~OlI.wcG111. EXHIBIT 'C'" , of 3 (m>.) '"'IN''''' ~ '" I (16'lYPE-r lJoNOSiCN't IUffU PO UlC. \' '.',','.'.'.'.'.'.'...'.'. ..", '~~uG'" ...... ~1.-.lln' ... .:,:-:,:,:<*iStRYo','A9I-l':-: \:::::::::::~E~~:::::: , , ....- NO ...... ""'""ED GOLF CLUB Of THE EVERGWl (A) VN:;NfT (A-MHO) FUTURE OEVaOPllENT EJM:L.OPE EXISTING CONSERVATION EASEWENT .... LDC, NO IUI'1D REClUIRED I / !=_oo I \ VN:;NfT (A-WHO) SINGLE fAlotILY HOWES (E) p~OJECT: CclENTo OLDE FLORIDA GOLF CLUB OLDE FLORIDA GOLF CLUB MAP OF FUTURE DEVELOPMENT ENVELOPE Wil.Millef """",._._.,."."".~_._..."",-- WIsonMlIer, Inc. ......~~~.. """. N.T,S. Ql,T~EB. 2010 ",v", 32Wau.r...U.IJX}....,..,R:n:At~.",.., ~.Fu ,.~.N-6IIt........cGIIll PIlOoJE NO. N0107-015-001 DIlWN BY MP NO. J.M,l. 1322 IN )(NQ, OO-ND1Q7-00J >OW'" 1 OF' J LEGEND NOTES: , Al. DEVELOPMENT WilL " " COMPLlAr-.CE WITH THE cDC IN EFFF.CT AT 'HE T;ME OF DEVELOP MEN'!" CJ 2 fHr FACIl.ITIFS ANO MPROVEMENTS SHOWN ON THIS CONCfPTUAL RfZONE EXISTING CONSERVATIOt-< MASTER PLAN, ShAll. aE CONSIDEF/ED CONCEPTUAl " NATURE T;E DESIGN, - - I EA$[MENi LOCATiON ANO CONFIGURATION OF THE LANO IMPROVEMENTS SHALL BE Df.rNED AT SITE PIAN APPROVAL OR SUBDIVISION PLAT APPROVAL. "'. - .~. 3 LAND USE AREA::; ARt: CONCEPTUAL AND SUBJECT TO RELOCATION/CHANGE PRIOR TO CONSTRUCTION PERMITTI"lG //";';;// / /,,' / /,//,/ EXISTING NATIVE VEGETATION 4 HE AREA DEPIC1ED AS "FUTURE DEVELOPMENT ENVELOPE" IS THE AREA /,/ ,,<. /.' / .',/ >"'/ / /// / WITHIN GCLF COURSf WITHIN WHICH FUTURE DE.VELOPMENT ON lHE PROPERTY WILL OCCUR. lHE ~:.>;/~~~ DELINEATION '"0 DESIGNATION OF A PRESERVE AREA WILL aE MADE AS AND WHEN REQUIRED DY mE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT REGULATIONS CJ FUTURE DEVELOPMENT ENVELOPE NATIVE VEGETATION CALCULATION ~ EX!STING NATIVE VEGETATION REQUIRED NOT INCLUDED WITHIN .. . .- . . - .- CONSERVATION EXISTING NATIVE VEGETATION WITHIN GOLF COURSE I 55' A~;E'- I . EASEMENT EXI'5iH.JG CONSERVATION EASEMENT 510 ACRE', --.---.---...-.-.. -.- _.._-~ -- ------~ ----~ -- rXISTING NATIVE Vr:CETATION OIJTSIDf GOLF :t;!jO ACRES t;"<~~ COURSE -- - -- COlF COURSE BuFFER lONE ~O-'-A;, EXISTING NAfIVE VEGETATION .1:3894 ACRES )'(/'x^;;/ ;~ .1. ---- ...LL__.".:...L::....:..:..J I ---- -- REQUIRED NATIVE VEGETATION (60~) _____L i-2J36 ACRES . .. ------ -"'-.--.-.------- - . ---~-'--- _._~--_._-------_. -~---_._-- -..~._.._- ~ FlJTURE DEVELOPMENT ACCESS f~f\'OVI:JU) - - 1 EXISTiNG NATIV!' VEGETATION WITHIN GOl.f COURSE I B8A ACRES ,_.__._---_._--~,-_.~--_._+ .-- ... EXISTING CONSERVATION EASEMENT 510 ACRES PROJECT BOVNDARY ----- ----- ... POIE'>lTIA~ NATIVE VEGETATION PRESERVATION AREA (NCLUDES 15c' BUFTEI;' EXCLUDES NON--NATIVE i94.2 ACRES VEGETATION) I FUTURE DEVELOPMENT AREA ---- u. i -... TOTAL TO BE PROVIDEO :t2JJ6 ACRES NOlL THE ABOVE NATIVE VEGETATION CALCULA1IONS ARE APPROXIMATE AND MAY VARY AT THE TIME or DEVELOPMENT FINAL ACREAGE OF RETAINED NATI\I[ vrGr.1ATION SHAll NOT 3E LESS THMI 6," OF THE EXISTING ONSITr NATIVE Vi:.GUATION (i,e.. j 2J36 ACRES) <-',,' i,I;', j OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE 'I "r OLDE FLORIDA GOLF CLUB Wil.Miller -. f1!><'<C'''''''''''' ~tlc:-CW1b"'otA_N:l S'~"l r 1:".1f N."S. 'FEB 2010 PIfMer, . EnQi'lftflr8 . Ecologltlls . Surveyors. Land8C8p& Architect, . Trar13porrlllion Consutl/llll. -':[::.---n;;p--.-~.~~~>'l'..~0.--- WlsonMiller, Inc ~""-"') ,.,~,^ NO N0107 015 001 OO-N0107-003 3200 a.lty /Inlt, Me 200 . NaIiN. F/Qridt J4105-8507 . f"OOIW 2:>>-549--4040 . FIX 2;}9-263-6494 . Wob-Slo WIVII',MIormIerc;'Q'll ~RWN ~'!rtM~~./1471 :;WfT 'J(';. 2 " 3 r'e~ ::!.1 .,1' , Of:l5<l)>:I ~8r')'_I\ii\RI~' r NG\ r jD I ~7\ CO.3 . (,r:~c. (",2'C ~e l\ 'if'/OJ\ DC .',D'C;' U);D)1 .-'-,Jj"" Exhibit C .1 of 3 SITE SUMMARY I 553.7 ACRES TOTA_ PROJECT AREA GOLF COURSE -~;~~~A;;~~,C-~:~:'~~~8:,~~~ GW ~OU~S[ 1 1467 ACRES 58.4 ACRI-S EXISTING CONSERVATION EASEMENT 51:1 ACRES fUTURE DlvElOPMENT AREA rLTURE JEV[lOPMENT AREA 2179 ACRES OTHER AREA (OLJ'510E DEVELOPMENT AREA) 49.7 ACRES h'JJ:':~-;T OlDE OlDE FLORIDA GOLF CLUB FLORIDA GOLF CLUB I l:r Wil.Miller OPEN TOTAL PROJECT AREA REQUIRED OPE'\J SPAcr (70~) SPACE EXISTING OPEN SPACE PRovmED (GOLF COURSE) AJDIT'ONAl OPE" SPACE REQUIRED MAP OF FUTURE _,..R....~ ~.to:..c.1I<.,,<II~I/b>K1 PIa",... . Engineers. EcoiogiBtI . S~e'lor' . Land6c~ Archi/er;l, . Traftlporlliltion COI'lIIlRt.nt. WifsonMJ7Jer. Inc 3200BIky W, Slife 200 . ,.., ~. \14105-8501 . ~ Z:H-(U9-404C . FI,( 239-263~ . Wtlb-ste MlW.iItIom'Ier.cml DEVELOPMENT 'iCA_'- N,T.S. AREA 05-5/ ACHlS 3876 ACRES 774.5 ACRES 11.~.1 ACRES ENVELOPE DM, FEB 1010 "l;;'I~-6----' INrr,,,', DO~N0107-00J ~I,[ [: NC- o 3 f,-s- )1, /'.:i>:1 :)854,'-1 IR(JL:vr,Rx\[,,<r;"'JJ1D7\'.C'-<J1l,c..,(reL(l'lf:",fI['I'J3\C[J ~jl: 0: rOlf',' r,dwc "p ""~l F"D.'t.C' ~6 N010? 015 001 r,k'^'jtl"!EM""'C- I..M.B. 1471 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-08 Which was adopted by the Board of County Commissioners on the 23rd day of February, 2010, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 2010, DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of Couney Commissiore,rl?;,}, , .....,. !/. CUJJJ- &(fC,r?~;' By: Ann JennEi]'ohn, Deputy Clerk ..: