Parcel 369FEE Purchase Agreement
PROJECT: Golden Gate
PARCEL No(s): 369 FEE
FOLIO No(s): 40629000001
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT~hereinafter ~rred to as the "Agreement") is
made and entered into on this ZF-' day of . {./V.0 , 20~, by and
between SHOESOP, LLC, a Florida Limited Liability Company, whose mailing address
is 840 Jung Boulevard, West, Naples, Florida 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 "Purchaser").
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A,
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein per Exhibit "B"; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
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.
The purchase price (the "Purchase Price") for the Property shall be $30-,000.00
payable at time of closing, (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner, shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to
the cost to relocate the existing irrigation system and other improvements, and
the cost to cut and cap irrigation lines extending into the Property, and to
remove all sprinkler valves and related electrical wiring, and all other damages
in connection with conveyance of said Property to Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3.
Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall provide such instruments, properly executed, to
Purchaser on or before the date of Closing. Owner shall cause to be delivered
to Purchaser the items specified herein and the following documents and
Page 2
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents"):
(a) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore,
Closing shall occur within ninety (90) days from the date of execution of this
Agreement by the Purchaser; provided, however, that Purchaser shall have the
unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all
such liens, encumbrances or qualifications affecting Purchaser's enjoyment of
the Property. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to Seller," and Owner shall
deliver the Closing Documents to Purchaser in a form acceptable to Purchaser.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
obligation on the part of Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
Page 3
affect the Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the Property to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and
not to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity
of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or arising out of
the breach of any of Owner's representations under paragraph 7(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Owner shall pay all fees to record any curative instruments required to clear
title, and all Warranty Deed recording fees. In addition, Owner shall 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.
9. In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by Purchaser, Owner shall
further pay all documentary stamp taxes required on the instrument(s) of
transfer. Furthermore, there shall be deducted from the proceeds of sale all
prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing.
10. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
11. 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,
Page 4
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
12. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes. )
13. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
14. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
15. 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: t:;{J "/0
/
~~t~~~:~.'.'~~~~!<, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
FRED W. COYLE, Chairma'n
Page 5
AS TO OWNER:
DATED:
SHOESOP, LLC
a FlorU'd Limi d /' ilit~Cy any
"p' / / (/,
BY,L
/1,chA-<-1 /FSc/'~~lll'/'
(print~~e~
(Title') /
I
Witness ( e)
1bL1 {l ttl.tn l t VI
Na (Print or Ty e
/
Witness nature)
!j,,..oH'~ ~.//df/lj;;K/;
Name (Pr nt or Type)
Approved as to form and
leg75~
Assistant County Attorney
Last Revised: 3/19/07
~ COASTAL
ENGINEERING
. ~ CONSULTANTS
.... INC
EXtBT L
..... I of -2"
~~9 GrouP_Services
Civil EnqineerinSJ
Planning Services
Survey & Mappino
COO'ilol engineering
Reol Fstote Services
A CECI GROUP COMPANY
Website: www_coostolengincering.com
PROPOSED RIGHT OF WAY TAKING
LEGAL DESCRIPTION
A PARCEL OF LAND, LYING IN TRACT 128 OF GOLDEN GATE ESTATES
UNIT NO. 76 AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 128 RUN
S89040'50"E ALONG THE SOUTH LINE OF SAID TRACT 128 FOR A
DISTANCE OF 350.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT
128 AND AN INTERSECTION WITH THE CENTERLINE OF EVERGLADES
BOULEVARD;
THENCE ALONG THE EAST LINE OF SAID TRACT 128 AND SAID
CENTERLINE NOoo19'10"E A DISTANCE OF 580.47 FEET;
THENCE LEAVING SAID LINE N89040'50"W A DISTANCE OF 65.00 FEET;
THENCE SOoo19'10"W FOR A DISTANCE OF 425.44 FEET;
THENCE S45020'04"W FOR A DISTANCE OF 113.21 FEET;
THENCE N89040'50"W A DISTANCE OF 204.93 FEET TO THE WEST LINE OF
SAID TRACT 128;
THENCE ALONG SAID LINE SOoo19'10"W A DISTANCE OF 75.00 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBE AN AREA OF APPROXIMATELY 62,309 SQUARE
FEET OR 1.43 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLO~:;S AUTHORIZATION NO. LB 2464
RICHARD ,J. EWIf\j , .P.
PROFESSIONAL SI RVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 06.474
DATE OF SIGNATURE:.s. /9' / D
EXHIBIT A
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3106 S. Horseshoe Drive, Naples, Florida 34104-6137 . Phone 1239} 643--2324 Fax (239) 643-1143 . E-Mail: info<dcecifl.com
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SOO"19'10"W 425.44'
----
- - PROPOSED-RIGHT-OF WAY TAKING
1.43 ACRES OF LAND)
NOO"19'10"E 580.47'
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EXHIBIT
Page I of
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DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
2. ENVIRONMENTAL
i. The minimum native preservation requirement shall be 0.39 acres.
(3.93 acres x 10% = 0.39 acres to be preserved).
ii. The subject property is located within the ST-WI wellfield zone.
The storage and use of hazardous materials shall be strictly
prohibited.
3. TRANSPORTATION
A. The property owner witltin 30 days of the approval of this rezone shaU COnvey to
Collier County lands described in Exhibit C attached hereto. The property oWller
shall be entitled to receive cash compensation or Transportation impact fee credits
from CoUier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confinnation of
impact fee credit shall be i~sued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporales the following supporting points:
i.) Tbis conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues wltich
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for planned
capacity improvements at the inlersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
ji.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and inten,sity provided for in tltis
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5. I of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fakahatchcc Plaza CPUD
RevLsed: December 29, 2009
j
EXHIBIT
Page d- of
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iii.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the 'Land Development Code (as amended) is included in
the IMds described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens Md encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warrMty deed, suitable for recording, within ninety
(90) days of the County'S request for conveyance. Upon receipt, the
County shall record the statutory WarrMty deed in the Public Records of
the County. All costs of recording and conveYMce shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches; and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying MY lien
holders having a lien or encumbrance on this parcel. The opinion or,
affidavit will specifiCally describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, Md cite
appropriate recording information and incorporate by reference a copy of
all such referenced Instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
Sept~mber 2009 Tramc Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
Occupant change that increases trip generation per ITE trip generation guidelines
will require Transportation'review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
4. UTILITIES
The project shall utilize wetl and septic systems until central water and sewer are
available.
FakC1hatchce Plaza CPUD
Revised: DecGmber 29, 2009
16
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EXHIBIT
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5. LIGHTING
1. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item iii) below and shall be mOWlted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated, Lighting design shall be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adjacent properties and the Estates in
general:
i. All outside jights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
Ii. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be pennitted.
6. OTHER
Hours of operation for all uses with the exception of Public ()rder and Safety
Facilities shall be limited to 6am to IOpm.
Fakahatoh.. Plaza CrUD
Revised; December 21:),2009
17