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Ordinance 89-036ORDINANCE 89- q6 AN ORDINANCE AMENDING ORDINANCE 76-22, WHICH ESTABLISHED THE BRIARWOOD PUD BY ADDING A TITLE PAGE; ADDING LANGUAGE RELATING TO HISTORY OF BRIARWOOD PL~NNED UNIT DEVELOPMENT; ADDING A STATEMENT OF COMPLIANCE; ADDING AN INDEX; ADDING A LIST OF EXHIBITS; AMENDING PUD DOCUMENT BY CHANGING ALL REFERENCES FROM EXHIBIT "F", PUD MASTER PLAN TO EXHIBIT "E", PUD MASTER PLAN; AMENDING SUBSECTION 1.3., PROPERTY OWNERSHIP; ~4ENDING SUBSECTION 1.4.C., STATING THE ZONING CLASSICITION OF THE PROPERTY; AMENDING SUBSECTION 2.3., PROJECT PLAN AND LAND USE TRACTS; ADDING SUBSECTION 2.3.D. TO ALLOW FOR FILL MATERIAL FROM THE PROJECT TO BE SOLD FOR OFF-SITE USES; AMENDING SUBSECTION 2.6., PROJECT PLAN APPROVAL REQUIREMENTS, BY DELETING GENERAL LANGUAGE REGARDING PROJECT APPROVAL REQUIREMENTS AND ADDING SITE PLAN APPROVAL PROCESS LANGUAGE, AND ADDING SUBSECTION 2o6.E. RELATING TO MODEL HOMES; ADDING SUBSECTION 2.7., LAKE SITING; AMENDING SECTION III, BY RENAMING IT SINGLE FAMILY RESIDENTIAL DEVELOPMENT, TRACT SF-PARCELS 1 THROUGH 10 AND BY DELETING ALL LANGUAGE RELATING TO MOBILE AND MODULAR ~4ITS; AMENDING SUBSECTION 3.3.B., USES PERMITTED, ACCESSORY USES, BY ADDING PRIVATE GARAGES AS AN ACCESSORY USE; ~4ENDING SUBSECTION 3.4.4.B., MINIMUM YARDS, SIDE YARD, BY CHANGING THE SETBACK FROM 7-1/2 FEET TO 5 FEET; AMENDING SUBSECTION 3.4.5 BY INCREASING THE MINIMUM FLOOR AREA FROM 600 SQUARE FEET TO 1,000 SQUARE FEET; DELETING SUBSECTION 3.5., SPECIAL USE; DELETING SUBSECTION 4.2., SITE PLAN REQUIREMENTS AND RENUMBERING SUBSEQUENT SUBSECTIONS; AMENDING RENUMBERED SUBSECTION 4.4.1.A., MINIMTJM YARDS, BY ALLOWING PARKING, CARPORTS AND LANDSCAPING ALONG RADIO ROAD FRONTAGE; AMENDING RENUMBERED SUBSECTI~ 4.4.1.C., MINIMUM YARDS, BY DECREASING SETBACK F~'~. TRACT BOUNDARIES FROM 30 FEET TO 25 FEET; AMENDIN~~ -' RENUMBERED SUBSECTION 4.4.3., MINIMUM -.~'~. FLOOR AREA FROM 800 SQUARE FEET TO 750 SQUARE F~'ET; AMENDING RENUMBERED SUBSECTION 4.5.1., PARKING AND' ACCESS REQUIREMENTS, GENERAL REQUIREMENTS AND._-~ SPECIFICATIONS, BY CHANGING THE DIMENSIONS FOR OFF-STREET PARKING SPACES; AMENDING RENUMBERED SUBSECTION 4.5.3., PARKING AND ACCESS REQUIREMENTS, ALLOWING 25% OF SPACES TO BE RESERVED AS GREEN SPACE; AMENDING RENUMBERED SUBSECTION 4.6., FUTURE RIGHT-OF-WAY REQUIREMENTS, FROM 35 FEET TO 25 FEET; AMENDING RENUMBERED SUBSECTION 4.7., ACCESS TO RADIO ROAD, BY .. PERMITTING AN ADDITIONAL ACCESS POINT, ADDING RENUMBERED SUBSECTION 4.8., SPECIAL USE; AMENDING SECTION V, BY RENAMING IT TRACTS "D" AND "E", RECREATION AND CONSERVATION TRACT AND CHANGING REFERENCE TO TRACT "F" TO TRACTS "D" AND "E" THROUGHOUT THIS SECTION; AMENDING SUBSECTION 5.1., PURPOSE, BY CHANGING TRACT REFERENCES AND SETTING FORTH USES FOR NEW TRACTS; ADDING ~'-, SUBSECTION 5.2.A.(4), TO ALLOW RECREATIONAL FACILITIES AS A PERMITTED USE IN TRACT D, PARCEL 1 OF 2 ONLY; .'~.~ DELETING SUBSECTION 5.2.B., PLAN APPROVAL REQUIREMENTS~>J'i/ AND RENUMBERING SUBSEQUENT SUBSECTIONS; DELETING ~ ORGINALLY RENUMBERED SUBSECTION 5 3 , GOLF COURSE ~nn~ RENUMBERING SUBSEQUENT SUBSECTIONS; AMENDING RENUMBEk~' SUBSECTION 5.3., SPECIAL USE, BY HANGING REFERENC O TRACT "F" TO TRACT "D" AND ADDING LANGUAGE RELATIN~,~O_ LOCATION OF AN~ VEGETATIVE BUFFER AROUND PACKAGE ~ TREATMENT FAC7[LITY; AMENDING SUBSECTION 6.2.A.(3), USES PERMITTED, ~RINCIPAL USES, BY ALLOWING SHOPPING CENTERS AS A PRINCIPAL USE; DELETING SUBSECTION 6.5., PL~2{ APPROVAL, AND RENUMBERING SUBSEQUENT SUBSECTIONS; AMENDING RENUMBERED SUBSECTION 6.6., ACCESS TO RADIO ROAD, BY ADDING REFERENCES TO CONNECTION TO FUTURE LIVINGSTON ROAD; AMENDING RENUMBERED SUBSECTION 6.7., Words underliDed are additions; Words s~-~h~h are deletions. 469 ACCESS TO BRIARWOOD BOULEVARD; DELETING ORIGINALLY RENUF3~RED SUBSECTION 6.9., SITE PLAN REQUIREMENTS; ADDIl;G RENUMBERED SUBSECTION 6.8., SPECIAL USE; AMENDING SUBSECTION 7.5., CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE BY DELETING REFERENCE TO OAK-PALM HAMMOCK AND ADDING THREE DESIGNATED CONSERVATION AREAS; AMENDING SUBSECTION 7.6., STREET CONSTRUCTION; DELETING ORIGINAL SUBSECTION 7.8, WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL; ADDING A NEW SUBSECTION 7.8, UTILITY DIVISION, BY ADDING STAFF STIPULATIONS; DELETING ORIGINALLY NUMBERED SUBSECTION 7.9, WATER SUPPLY, AND RENUMBERING SUBSEQUENT SUBSECTIONS; RENAMING RENUPiBERED SUBSECTION 7.11, TRANSPORTATION, DELETING REFERENCES TO INTERSECTION IMPROVEMENTS AND ADDING STAFF STIP~TIONS; AMENDING REN~BERED SUBSECTION 7.18., WATER MANAGEMENT, BY ADDING WATER MANAGEMENT ADVISORY BOARD STIPULATIONS; ADDING SUBSECTION 7.20., ENGINEERING STIPULATIONS; ADDING SUBSECTION 7.21., ENVIRONMENTAL STIPULATIONS; AMENDING SECTION VIII BY ADDING REFERENCE TO SECTION VIII, LANDSCAPE DEVELOPMENT; AMENDING SUBSECTION 8.1., PREFACE; AMENDING SUBSECTION 8.2.B., OBJECTIVE, BY CHANGING REFERENCE FROM OAK-PALM HAMMOCK TO TRACT E, THREE CONSERVATION AREAS; AMENDING SUBSECTION 8.3., PLANT COMMUNITY ANALYSIS; AMENDING SUBSECTION 8.4.1., BY DELETING REFERENCE TO MOBILE AND MODULAR UNITS AND DELETING LANGUAGE REI~TING TO SEWAGE TREATMENT FACILITY IN SF TRACT; AMENDING SUBSECTION 8.4.4. BY AMENDING TITLE TO READ "TRACT E - CONSERVATION AREA" AND DELETING REFERENCE TO OAK-PALM HAMMOCK; DELETING SUBSECTION 8.4.5., OUT-LOT "A" - NATIVE VEGETATIVE BUFFER AND RENUMBERING SUBSEQUENT SUBSECTIONS; AMENDING RENUMBERED SUBSECTION 8.4.5., FLORIDA POWER AND LIGHT RIGHT-OF-WAY; AMENDING RENUMBERED SUBSECTION 8.4.6, BY CHANGING TITLE FROM LAKE TO LAKES; DELETING ORIGINALLY NUMBERED SUBSECTION 8.4.8., TRACT F AS NATURAL OPEN SPACE; DELETING ORIGINALLY N'.~BERED SUBSECTION 8.4.9, TRACT F AS GOLF COURSE; AMENDING EXHIBIT "G" BY RENAMING IT EXHIBIT "F" AND AMENDING THE ANTICIPATED DEVELOPMENT SCHEDULE FIGURES; AMENDING PUD MASTER PLAN FOR PROPERTY LOCATED ON THE NORTH SIDE OF RADIO ROAD (CR 856) AND ONE MILE EAST OF AIRPORT-PULLING ROAD (CR 31), SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 18, 1976, the Board of County Commissioners approved Ordinance Number 76-22, which established the Briarwood Planned Unit Development; and WHEREAS, Young, Van Assenderp, Varnadoe and Benton, P.A., representing Republic Development Corporation of Ohio, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 76-22 by amending certain sections and paragraphs in the PUD Document as stated in the Ordinance title. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Sections of ordinance 76-22, which established the Words ~ are additions; Words s~H=k-%h=o~gh are deletions. 470 " Briarwood r'lanned Unit Development, as identified in the ordinance Title and Exhibit "A" as being proposed for amendment, are hereby amended as set forth in Exhibit "A" to read as follows; (See attached Exhibit "A") This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. ~ATE: ~,-~z//J//'?~/ BO~D Or COUSTY CO~',ISSIONE~S ,..V~, ,~ ~ ' COLLI~ CO~TY ~ F~IDA A~EST: "'~' BY~/~~~/ ~'~ES C. '~'~ES, CLE~ /.B~T L. SANDERS, C~I~ ~':,' , - . . - . (~ :.~PROVED AS ~O FO~ ~D LEGAL SUFFICIENCY: ~O~E M. STUDENT ASSIST~ CO~Y A~O~EY PDA-88-14 ZONING ORDINANCE AMENDMENTS md 47! Words ~ are additions; Words s%=mek-~h~e~h are deletions. DEVELOPMENT PLAN FOR BRIARWOOD A PLANNED UNIT DEVELOPMENT SECTION 31 TOWNSHIP 49 SOUTH. RANGE 26 EAS~ COLLIER COUFTY, FLORIDA ENGIneERS: WILSON. MILLER. BARTON, SOLL & PEEK. IN~ ATTORNEYS: YOUNG, van ASSENDE~PV_~_~~ & BENTON, p.A. 12093 - PRQJECT NO, FILING DATE - NOVEMBER, 197~ CCPC APPROVAL - MARCH. 1976 BCC APPROVAL - MAY 18, ~97~ ORDINANCE NO. - 76-22 R~ISED 6-7-89 A~ENDMENT PETITIQN - 6913 - May 18. 1989 - June 13. 1989 472 HISTORy - DRIARNOOD PLANNED UNIT D~V~LOPMEN~ In March of 1975, th~ owners of approximately 210 acres of property located in the West 1/2 of Section 31, Township 49 South,.Ranae 25 East. Collier Countv Florida, desired to plan and develop a mixed use residential community centered around an opep space Necreatiopa~ area. The property was zoned A-Agriculture. The firm Q~ Wilson, Miller, Barton, Soll & Peek, Inc., Professional ~paineers, Planners and Land Surveyors was retained to prepare Development plans and process a zoning application through the Board of County Commissioners of Collier County to have the property zoned "Planned Unit Development". The following is a chronological listing of the major steps that ~ere taken to accomplish the planning an~ re-zoping process. April 15. 1975 ~av 9. 1975 ~L~Y~ 197~ July 18. 1975 ~ugust 29, 1975 Qctober 10. 1975 ~ovember 21, 1975 ~ecember 17, 1975 ~anuarv 15, 1976 April 8, 1976 ~ay 18. 1976 Ereliminary planning started. Field data collection and preliminary enaineerin~ started. Collier County Planped Unit Deve~oPmen__t Review Committee reviewed the preliminary Field data collectiog completed and final development plan started. ~Uppoytinq . engineering and reports gtarted. Planned Unit Development Ordinapce and Zoning Petition started. Re-zoning Petition along with the planned Unit Development Document, Environmental ~.mpact Statement and the Traffic Analysis was submitted to the Collier County Zoning Q.epartment for processing. ~pproved by the Environmenta~ Advisory Council. Approved b~ the Water Manaaement Advisory Board.. Approved by the Coastal Area P~anning Commission. Approved by the Board of County Commissioners of Collier County~ ~P April 1988 the firm of wilson. Miller. Barton, Soll& p~ek, Inc., was directed to reassess the existing elements o~ the approved P.U.D, to better address todays market. The result of ~hat assessment is: The 395 single family mobile and modular res%depces will be upgraded to 395 single family residences, The optiopal Golf Course..was replaced by larger storm water retention lakes, open space, and larger lots. Multi-Family uDits were rearranged but Kept at ~5 units. Commercial Area was consolidated to remove strip type layout o~ Radio Road and Moved to a location that will Be served by both Radio Rodd and Livi. nqston Roa~ as we~ as direct i~ternal access. ii STATEMENT OF COMPLIANCE This development of approximately 210 acres of property located in the West 1/2 of Section 31, Township 49 South, Range 26 East, Collier County, Florida, as a Planned Unit Development known as BRIARWOOD complied with the comprehensive plan in effect at the time of initial approval, and since the intensity of land uses are not being increased in this amendment, it is consistent with the Growth Management Plan adopted on January 10, 1989. The PUD and the Master Development Plan were amended by approval of the Board of County Commissioners on June 13, 1989. Neither the PUD amendment nor the Master Development Plan amendment provide the project with any vested rights to that use. Further, the PUD shall be subject to the Zoning Evaluation program developed by the County pursuant to the Future Land Use Element of the Growth Management Plan. Index STATEMENT OF ¢0~PbIANCE LIST OF EXHIBITS PROPERTY QWN~BS~IP AND DESCRIPTION PROJECT DEVELOPMENT TRACT SF: SINGLE FAMILY RESIDENTIAL TRACT A MULTI-FAMILY R~SID~NTIAb TRACT D & E TRACTS B & C: RECREATION AND CONSERVATION COMMERCIAL DEVELOPMENT STANDARDS LANDSCAPE DEVELOPMENT EVIDENCE OF CONTROL ANTICIPATED DEVELOPMENT SCHEDULE SECTION I SECTION II SECTION III SECTION IV ~_ECTION v SECTION VI SECTION VII SECTION VII! EXHIBIT "A" EXHIBIT "F" iv EXHIBIT C L~ST OF EXHIBITS Evidence of Cont£ol of Property Warranty Deed; Official Record Book 529, Page 687. Project General Location and Aerial Photo Wilson, Miller, Barton, Soll& Peek, Inc. Drawinq File No. R2-180B Dated: October 20, 1988 Boundary Survey Wilson, Miller, Barton, Soll& Peek, Inc. Drawinq File No. 4C-129 Dated: July, 1975 Topographic Survey & Rock Probes Wilson. Miller, Barto~, $oll & Peek, Drawing File Fo. DC-34 Dated: July. 1975 Briarwood Development PUD MasteF Pi~ WilsoD, Miller, Barton, Soll& Peek, Inc, Drawinq File No. R2-~80A Dated: October 10, ~988 Anticipated Development Schedule v SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to delineate the location and ownership of the Subject Property and to describe the existing conditions of the property proposed to be developed under the project name of BRIARWOOD. 1.2. LEGAL DESCRIPTION The Subject Property is described as: The West 1/2 of the West 1/2; and the Southeast 1/4 of the Northwest 1/4; and the Southeast 1/4 of the Southwest 1/4, less that portion conveyed by Deed dated August 17, 1971 and recorded September 2, 1971 in O.R. Book 413, Page 212, Public Records of Collier County, Florida; and less that portion deeded for State and Road Right of Way, with parcels being situate and lying in Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 210 acres, more or less, being subject to restrictions and reservations of record. 1.3. FROpE~TY OWNERSHIP The Subject Property is owned by ~ ~- ~ .... ~ ~" ~- o~-u of and trent Henderscn McAlpine (Briarwood}, Inc., a Florida corporation. Evidence of unified control of the property is provided by Exhibit "A", Warranty Deed. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The general location of the Subject Property, the current zoning classifications of the surrounding properties and nearby land developments are iljustrated by Exhibit "B". B. The project ~ e contains 210.42 acres and is located in the West 1/2 of Section 31, Township 19 South, Range 26 East, which is approximately one (1) mile east of Airport Road and situated between Radio Road and Golden Gate canal. While it is bounded by Radio Road on the South and Golden Gate canal on the North, the Eastern boundary is provided by a high voltage transmission line belonging to Florida Power and Light Company and the Western boundary is the unrecorded Arnold Industrial Park. C. The current zoning classification of the Subject Property is "~" ~"~ ~ .... ~ n~~ Planned Unit Development (P.U D,) 1-1 478 The property is with the Collier County Water-Sewer District and Collier County Water Management District 1. 1.5. PHYSICAL DESCRIPTION The project is located within Water Management District No.1 and most of the area is within the drainage basin of the Golden Gate Canal. Water management for the proposed project is planned to be of the lake retention type. Elevations within the project site are approximately nine (9) feet above sea level. The soil types on the site are approximately 95% Arzell Fine Sand and 5% Broward Fine Sand. The depth to bedrock in the area varies from five (5) feet to fifteen (15) feet below natural ground surface. Soil characteristics were derived from the soil survey of Collier County, Florida issued by the U.S. Department of Agriculture in March, 1954. The site is a typical pine-cypress woodland with the following existing vegetation: Slash Pine (Pinus elliotti); Pond cypress (Taxodium ascendens) scattered; saw palmetto (Serenoa repens), often growing in iarge defined masses; Dahoon holly (llex cassine) scattered; cocoplum (Chrysobalanus icaco) scattered; wax myrtly (Myrica cerifera), scattered; Melaleuca (Lalaleuca leucandendra) mature trees with isolated dense to scattered stands of second generation growth. In addition, there exists an Oak-palm hammock (defined on Exhibit H) of predominately Quercus species and cabbage palms (Sabal palmetto). 1-2 479 SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for BRIARWOOD. 2.2. GENERAL A. Regulations for development of BRIARWOOD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordina.ce". B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in "Collier County Zoning Ordinance". 2.3. PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "GE"_ , BRIARWOOD Development Plan. There shall ten (10~ land uses +~+~ ~ .............. +~ ~+~-~ ....... the configuration of which is also iljustrated by Exhibit "~K"- 1. Tract E S__F: 3. 4. 5. 6~7. 8. .7.9. ~0. TractA: Multi-Family Residential Tract B & C: Community Commercial Tract D: Public Park Recreation Area Tract F E: ~ ¢ ...... ~ ~' Ccu~ CoDservation Areas Lake Area n~++~ e~= Riqht-of-way Future Livingston Road Riqht-of-way Out!ot "A" Buffer FPL Easement Open Space/Buffer Single-Family M~bi!e & Modular Residential 60.02 89.70 acres ~ ~8.30 acres 15.99 acres 4.19 3.00 acres ~2.{! 7.00 acres 31.00 acres 30.~7 27.00 acres .~,80 acres I.II ~80 acres 3~83 ~cres TOTAL: 210.42 acres B. Areas iljustrated as lakes by Exhibit "~" shall be constructed lakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be designed for rain storms of 25 year frequency and shall be in the same general configuration and contain the same general acreage as shown on Exhibit "~". The 2-1 lakes and interconnecting drainage swales shall be dedicated to Collier Coulity to insure their continued availability. The maintenance of the lakes and interconnecting drainage swales within Tract ~ shall be the responsibility of the owner of Tract ~. C. In addition to the various areas and specific items shown in Exhibit "~", such easements (utility, private, semi-public, etc) shall be established within or along the various Tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. uses. Fill material from the project may be sold for off-site 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 600 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 210.42 acres. The gross project density, therefore, will be a maximum of 2.85 units per acre. 2.5. DEVELOPMENT SEQUENCE AND SCHEDULE The anticipated development schedule for the entire BRIARWOOD project is set forth by Exhibit "G~" of this document. 2.6. PROJECT PLAN APPROVAL REQUIREMENTS required improvements shall .... ~"~ the approval cf all appropriata ............. = governmental agencles to ~ ...... com anco ~ith the Plan ~ Deve!opmont, ~ ~"~" c,,~;,,~ o~,,~~ =~ ~ platting la'ds of the State ef F!orid~ Exhibit "~" (BRIARWOOD Development Plan) constitutes the PUD Development Plan and the Preliminary Subdivision Plat or Subdivision Master Plan, provided that supplemental informatio~ recuired b~ subdivision requlati.ons, not indicated on the .PUD Master Plan, shall be submitted to Project Review Services for administrative review and approval prior to the submission of detailed construction plans for buildinq permits. A. The developer of any tract must submit a Conceptual Site plan for the entire tract prior to final Site Development Plan submittal for any portion of the tract. The developer may choose DOt ~o submit a Conceptual Site Plan if a Site Development Plan is submitted and approved for the entire tract. B. The developer of any tract must submit, prior to or at the same time of application for a buildinq permit, a detailed Site Development Plan for his tract or parcel in conformance with the Zoni~ Ordinance Section 10.5 Development Plan Approval. This pla~ 2-2 03'5 ~hall also ~how the location and size of access to any tract that doe~ DQt abut a public street. C. In the event that any established tract as identified on tb~ ~pproved PUD Master Plan is proposed to be further divided in a manner that does not affect the approved infrastructure, increase the number of dwellinq units, increase density, chanqe the dwellinq type or chanqe permitted uses within the tract, the developer shall submit a revised PUD ~4aster Plan indicatinq the division of the established tract prior to the submittal of a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the pla~ninq-zoninq Director for review and approva%. P. Final Site Development Plan approval shall follow the procedure as required by the Zoning Ordinance, Section 10.5. E__~. Model homes shall be permitted within this project subject to the followinq provisions: (1) Models may be allowed to be constructed prior to the recording of plats for Briarwood PUD. This may be permitted only so lonq as no C.O.'s are granted prior to plat approval and provided that a conceptual site plan, in accordance with Section 2.6.A. above is approved prior to buildinq permit approval. (2) Models may be permitted as "dry models" without temporary utility systems prior to availability of central utility systems. The sales office model can be temporarily connected to a septic tank and well meeting the requirements of Florida Administrative Code 10D-6. This model center septic tank use is limited to one year unless otherwise approved. The septic tank installation shall comply with the requirements of the Collier County Health Department. The septic tank and well use shalI be discontinued when the central utility system is completed. (3) Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. (4) Temporary access and utility easements may be provided in lieu of dedicated riqht-of-ways for inqress~ eqress and utility service to model homes. ~ Site plan(s) . shall be submitted at the 'time of buildinq permit application which contain the information required under Section 2.6.A. above. 2-3 (6) permitted project. Sales, marketing, and administrative functions are to occur in designated model homes withiD th~ (7} Temporary uses such as construction and sales trailers shall be permitted subject to Section 10.6 of th~ Collier County Zoning Ordinance. 2.7. LAKE SITING As depicted on 'he Master Land Plan (Exhibit E), lakes and natural retention areas have been sited adjacent to existing and planned roadways and throughout the project. The goals of this are to achieve an overall aesthetic character for pro~ect, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 88-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off-site, subject to the provisions of~ the excavation ordinance in effect at the time permits are sought. Final lake area determination shall be in accordance with the south Florida Water Management District stormwater criteria. 2-4 SECTION III Tract E SF - Parcels 1 throuqh 10 SINGLE FAMILY MOBILE & !~ODUr~.R RESIDENTIAL DEVELOPMENT 3.1. PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit "F~" as Tract E SE, Single Family Residential, which has been designed specifically for the placement of mobi!c and modular homes for residential occupancy upon lots which are owned by the residents thereon. 3.2. MAXIMUM DWELLING UNITS A maximum number of 395 single family units may be constructed in this tract. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Principal Uses: Single Family Mebi!c and Hodular Residences. Accessory Uses: (1) Accessory uses and structures customarily associated with mcbi!c and modular homes development, such as recreation facilities, sel-vice buildings, utilities and additions ';;hich ~-n...-~l,,1 .-~.~- ).~ .... private qaraqes. (2) Signs as permitted by County Ordinance. 3.4. REGULATIONS: 3.4.1. GENERAL: Ail yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 3.4.2. MINIMUM LOT AREA: 6,000 square feet. 3.4.3. MINIMUM LOT WIDTH: 60 feet average between front and rear lot lines. 3-1 3.4.4. MINIMUM YARDS: A. Front Yard - 25 feet. B Side Yard - ~ ~ /~ 5 feet. C. Rear Yard - 10 feet. De Ail yards abutting a street shall be front yards. Four-sided corner lots shall have two front and two side yards. Five-sided corner lots shall have two front, two sides, and one rear yard, with the rear yard being farthest from the abutting streets. 3.4.5. MINIMUM FLOOR AREA: ~00 1,000 square feet of living area exclusive of patio and garage. 3.4.6. OFF-STREET PARKING REQUIREMENTS: Two parking spaces shall be required for each dwelling unit, both of which shall be located within the permitted building area. 3.4.7. MAXIMUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. SPECIAL rJSE ~"~= ~ ..... ~=~ ~ ...... ~ .... ~ ~ .... ~ time plant ~ ~{ .... ~ .... ~ ~h=em rt of Tract ~ sha!~ sing~ family ~ .... ~ ..... + -~ pray~ ~ ~,, ~hlc 3-2 SECTION IV TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT PARCELS 1 AND 2 4.1. PURPOSE The purpose of this Section is to indicate the development plan and regulations for the areas designated on Exhibit "~" as Tract A, Multi-Family Residential. Prior to the issuance of any building permit, detailed architectural plans shall be submitted to the proper County agencies for review and approval as to conformity with the Development Plan and PUD document. ' !y ' ld bi ....... + ....... ~ ~=~+,, ~ su~se~uen+_ .~ - ~ ~ ~.~~e;,e~o *~=~* mutt be ~,,h~q**~ by t~ ..... ~ ~*" and T~ e~ ...... + .... !ti-fami!y +~=~* ~= ~ m ...... owner in ~=~+~=~ parts +~ ~+~ ..... +~= ~ g~bl~ ...... ~ ....... , .............. u procedure ~=~ ~ be adhered +~' (i) The owner ';;ho proposes to fractiona!ize any tract unit distribution covering the entire affected appropriate Collier County agencies. Such a~k~re;'a! =h=~ ~ ~ ~*= ~ ned ~ +~ tho ~=~+~=~ ~=~+ ~ +~ =~+=~ tract Tbe-~ plan ~ ~n~+ .... ~ dw~l-l-iqqg ,,- ~ + sba!~ ~,,~ access ~=~ =ize, ~=*~ dwelling "~+? c,,~h ~+?~,,+~ ~ ~,,~ ,,~ i g p p ' dwe!~ n ,,~i+~ ~=~ ~ ....... ~" re ortlon~ possible. (2) .......... ~ ............... part tract ~"~+ ~,,~4. a* ........ = permit., 4-1 ~ 4.2. MAXIMUM DWELLING UNITS A maximum number of 205 dwelling units may be constructed on this tract. ~.~. 4.3, USES PERMITTED NO building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (1) Multi-Family Residences B. Accessory Uses: (1) (2) Accessory uses and structures, including private garages. Recreational uses and facilities such as swimming pools, children's playground areas, etc. such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. Such facilities shall not restrict the visual and functional enjoyment of the non- participating residences. (3) Signs as permitted by County Ordinance. ~.5. 4.4. REGULATIONS ~.. 5. I. 4.4.1. MINIMUM YARDS: Radio Road Frontage - Seventy (70) feet measured from the North boundary of Radio Road right-of-way as existing on January 1, 1975. Such yards shall not bc used for perm. anent ~ .... ~'~' ..... parking T=~ .... ~ ~ ~ pe~-mi~.Such yards may be used for parkinq, carports, and landscapinq, except that in no instance may land be devoted to vehicular use within fifteen {15) feot of the future planned riqht-of-way for Radio Road. Dedicated Street Boundaries Thirty-five (35) feet. 4-2 (other than Radio Road) Ce Tract Boundaries that are not Dedicated Street Boundaries - ~hJ~-~-~ ~wenty-five (25) feet; pcol or any screened enclosure may be reduced to fifteen (15) feet. 4.4.2. DISTANCE BETWEEN STRUCTURES: There shall be a minimum separation between structures of 30 feet, or one-half (1/2) the sum of the adjoining building heights, whichever is greater. In instances where there shall be structures on opposite sides of the same multi- family tract, and these structures are separated by a through accessway, each structure will be set back from the center of the accessway a minimum of 20 feet plus one-half (1/2) the height of the structure. ~.5.3. 4.4.3. MINIMUM FLOOR AREA: Each residential unit shall have a minimum floor area of 750 square feet. ~.5.~. 4.4.4. MAXIMUM HEIGHT: Four (4) floors of living area, with option of having one (1) floor of parking beneath the living area. 4.5. PARKING AND ACCESS REQUIREMENTS: ~ .4.5.1. GENERAL REQUIREMENTS AND SPECIFICATIONS: Each off-street parking space shall be at least tcn nine (9) feet in width and ~4~ eiqhteen ~18) feet in length and shall be so arranged that no automobile shall have to back into any dedicated street. Each space shall be accessible from an access drive which interconnects to a public right-of-way. All off-street parking facilities, including access aisles, driveways and maneuvering areas, shall be surfaced with a hard, dustless material. Ail off-street parking facilities shall be suitably sloped and drained so as not to cause any nuisance to adjacent or public property. Access drives shall have a minimum pavement width of 24 feet wherever there is parking along their edge. Otherwise, minimum pavement width of access drives shall be 20 feet. 6.6.2..4.5.2. LOCATION: Parking spaces required for buildings within a tract shall be located within said tract and shall be located on the same side of the access drive as the building being served. 4-3 REQUIREMENTS: Parking Spaces - two (2) parking spaces per residential unit. Twenty-five percent C25%) .of the required spaces may be preserved as green space and improved as parking as future demand requires. 4.7.. 4.6. FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road shall remain as an unused part of Tract A so that it may become a part of any future expansion of Radio Road. The additional right-of-way (~4~ ~$ feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 4.7. ACCESS TO RADIO ROAD Qn!y One access drive shall be permitted to connect Tract~ A and $~' to Radio Road, and another access drive shall be permitted to connect Tracts A and SF to future Livinqston Road. One access drive shall be permitted to connect Tracts B and C to Radio Road a~d another access drive shall be permitted to connect Tracts B and C to future Livinqston Road. 4,8, SPECIAL USE 6 portion of Tract A - Parcel 1 of 2 may be used as the t~mporary location of a sewaqe treatment plant and · oxidation/evaporation pond until a municipal treatment and collection system is available to serve project. At such time as the treatment plant is discontinued that part of Tract A -Parcel ~ of 2 shall be utilized for Multi-FamilY Development as provided for by this Section. 4-4 SECTION V TRACTS F-: OPEN SPACE OR COLF COURSE D AND E RECREATION & CONSERVATION 5.1. PURPOSE The purpose of this Section is to indicate the development Plan and regulations for the area designated on Exhibit "~E" as Tract~ ~ D and E_. ~-h.;~ ~=~ ma~ ..... ~ =s ~:~ .... ~ .... spac~--~ .... ~ ~ .... ]r~ ..... ~ ....... Tract E, Parcels 1-3 shall remain as natural open space... Tract D, Parcel 1. of 2 shall., be a recreatioDal area and Tract D, Parcel 2 of 2 is temporary qreen .space and shall be dedicated to the County for extension of .Livinqston Road when fundinq is in place for extension of Livinqston Road. Applicant has aqreed to dedicate 100 feet for the extension of Livinqston Road and 25 feet for the wideninq of Radio Road alonq ~ts west and south boundaries, respectively, at no cost to the County. If the County amends its Impact Fee Ordinance within five ~5) years from the date of this PUD amendment adoption to include riqht-of-way .acquisition, and if said Ordinance, as amended, provides for credit aqainst impact fees for dedication of road light-of-way, County aqrees to cre4it applicant aqainst future impact fees for the fair market value of the property dedicated as of June 30, 1989. 5.2. NATURAL OPEN SPACE If Tract~ ~ D and E remain as natural open space, the following regulations shall apply. A. Permitted Uses No building or structure, or part thereof, shal~ be erected, altered or used, or land or water used, in whole or in part, for other than the following: (1) Natural Open Space. (2) Water management facilities such as lakes, swales, control structures and pumping stations. (3) Central water treatment facilities in accordance with all applicable State and County regulations. Recreational facilities (Tract D, Parcel 1 of 2 only]. 5-1 shall be s,--,bmit~ed to tho Director who wi!!-.~,,~ .... these z-' .......... t--z--~ 0% .................................. ~ha!! be in accorded, ce with th~.--approvad pla~s and ~peci ficationsr Requirements Ove~a!! ~'~-*'" design shall ~ ~ .... ~,,s ~ - .location of access streets and parking areas and !ecation and treatment of buffer area~. pi~s shall be located and ~aped to be ~m~a+~~ ~ .... ~ +~ .......... ~n~ ~ .... c,,~ a~d maintained to ac-~ ac a buffer zone. or other interferense. structure locations. C.,, B. Maximum Height Twenty (20) feet above the finished grade surrounding land. of..the 5.3. COLF COURSE regu!atiens s h a ~4~~-Y~ 5-2 Central water treatment facilities in ~ccordance with all applicable State and County drivin~-r~4~3~ uses o~ golf faci!it4=~. (b) exclusively ..... pa~ ..... ~ +~ go!~ course ~bject te the prov4 ~4 ~ of Section S .,12, ~ning Ordinance. for outdoor recreation. ~ =~ .... .~ ..... ~,,~4~ ~ .... *r~ctio~ ~ha~ be 4 ~ accordance with the approved plat. (b) 5-3 ~hbori~ ..... ~e~= ~ ~irect glare other interference. t~ ~ ~ite-p~~! be provided ~ .... ; .... went structure locations. ,,,;~ ~:n ~ ~ any distr~ ~;~a ~ ~h~rty (Om~ e4~oawnere within the district. D. Minimum Off-Street Parking As per Section I~ of the Collier County Zenin~Ord{ ..... . 5.~. 5.3. SPECIAL USE A portion of Tract ~ ~ lying bet,-Jeen the Florida Po,~:er & Light Easement and the Ce!den Gate Canal may be used as the temporary location of a sewage treatment plant and oxidat~,=,,.~..~._~_.__.~..~ pond facilities until a municipal treatment and collection system is available to serve the project. At such time as the treatment and collection system is available to serve the project. At such time as the treatment plant is discontinued, that part of Tract F p shall be utilized for permitted development as provided for by this Section. If a veqetative barrier is placed around the package treatment plant and/or land disposal area, it shall be located in a manner so it does not affect the proper operation of the treatment process. The petitioner shall locate the land .application site away from any drainaqe ditch and/or swale that may affect the proper operation of ~he land disposal site. 5-4 ( 35 493 SECTION VI TRACT B & C: COMMUNITY COMMERCIAL 6.1. PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "~" as Tract B & C: Community Commercial. 6.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Restaurants - No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages, no drive-ins, subject to the provisions of Collier County Zoning Ordinance. (3) Retail shops, shoDping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. (4) Financial institutions. (5) Professional, business, financial, utilities offices and services. (6) Medical offices and clinics - for humans. (7) Barber and beautY shops. (8) Barber and beauty shops. (9) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and self-service laundry. (11) Retail bakeries. 6-1 (12) Tailoring, millinery, garment alteration and repair. ('13) Museums. B. Accessory Uses: (1) Accessory uses and structures customarily associated with the uses permitted in this district. (2) Signs as permitted by County Ordinance. C. Provisional Uses: The property may be used for the following subject to Section 14, Provisional Uses, of the Collier County Zoning Ordinance: (1) Transient lodging facilities with a minimum of twenty (20) dwelling units. (2) Schools and Colleges. (3) Private Clubs, subject to the provisions of the Collier County Zoning Ordinance. (4) Motion picture theaters and live theaters - no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County Zoning Ordinance. 6.3. REGULATIONS 6.3.1. Minimum Lot Area: None 6.3.2. Minimum Lot Width: None 6.3.3. Minimum Yards: Radio Road Frontage - si×ty (60)twenty-five {25) feet measured from the north boundary of Radio Road right-of-way rs o~isting on which shall be the Radio Road right-of-way as of January 1, 1975, alonq with the twenty-five {25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures ~ ~=~n~ T=~=~{~, ,.,41] be~.,.*~-~.~ and the first fifteen (15) feet north of the new riqht-of-way shall be a landscaped qreen belt. 6-2 Tract boundary lines and dedicated roads other than Radio Road - twenty-five (25) feet, (no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) feet. Separation between structures - one-half (1/2) of the sum of the heights of the structures. 6.3.4. ~inimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5. Maximum Height: 30 feet above finished grade. 6.3.6. Maximum Floor Area: 20% of Commercial land area. 6.4. MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading shall conform to the requirements of the Collier County Zoning Ordinance. ~ 6.5. FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road - 352--5 feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. The additional right-of-way (.3525 feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 6.6. ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from ~ Tract B and Tract C connecting with Radio Road and in that event such connections shall be at least 500 feet from the centerline of BRIARWOOD Boulevard. Tracts B and C shall also have one connection to future Livingston Road. 6.7. ACCESS TO BRIARWOOD BOULEVARD Access from Tract~ B and C to Briarwood Boulevard shall be limited to four f~ one al) driveways ,-,~+~ = ~ .... ~+ ..... ~ 200 .fact bet%~;een ccnter!inas of such driveways. This internal access may be provided when temporary sewaqe treatment plant is removed from site. 6-3 Access from Tract G A...r parcel 2 of 2 to Briarwood Boulevard shall be limited to one (1) driveway. = o ~ ~LAf' REQUIREMENTS Qwner to a ....... ..... ~ ~rty~= .v~F~ subsequent d~ve!epment by ~ha~-~econd ~=~*, ..... *~ (er site) plan ~ the tract must bo s,mbm, itted by the second party and be approved~~,, ~_..~ ........ ~--r~ o~~____~ County agencies prior .to the ~ ......... F ~,,~~ Such .......... = permits ......... ~4~=a~p~an, ~h~..~ accessory ....... _~ ~..~ structures~ ........... part~ ~ ~ ..... ~ ~ s dove! ..... ~ ~ ~ ~ .... ~"" procedure sha~ ~ be adhered ~: shall ~,'k~ .... ~ plan ~ ~k~ ~e~ =~z~ Collier County agencies. Such ap~cva! shall ~ ..... r ...................... part ~"~ .......... ~ ~"~ location, o%-/ncrsh~ .fracti~n.a~ part o,,~h site ~=~ ~h~ ~h .... the pr~posed !ecatien of all buildings, acco~s ~oadsr accessory 'uses and structures. 6.8. SPECIAL USE A portion of Tracts B and C may be used as a temporary location of a sewaqe treatment plant and oxidation/evaporation pond until a municipal treatment and collection system is available to serve the project. At such time as the treatment plant is dis~ontinued, that part of Tract C shall be utilized for permitted development as provided for by this section. 6-4 SECTION VII DEVELOPMENT STANDARDS 7.1. PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 7.2. GENERAL Ail facilities shall be constructed in strict accordance with the BRIARWOOD Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the County Subdivision Regulations in effect at the time of approval of the record plat shall apply to this project. 7.3. BRIARWOOD DEVELOPMENT PLAN Exhibit "~", BRIARWOOD Development Plan, iljustrates the proposed dev :lopment, and the location of the temporary sewage treatment facilities as permitted by Sections III and V of this document. Except for such definitive facilities and demarcations as street locations, Tract boundaries, etc., the design criteria and system design iljustrated on Exhibit "~" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the project. 7.4. PROJECT DEVELOPMENT The proposed development is iljustrated by Exhibit ':~". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem Such measures as the construction of cul-de-sacs at street ends, screens, signs, landscaping, erosion control and other similar-in- ful.ction facilities shall be taken to accomplish the above set forth objective. 7-1 03'5 4:98 7.5. CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE Ail clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. The Oak-Palm Hammock three (3) desiqnated conservation areas in the Southwest portion ef the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to there roads, which will be stabilized if sand traps occur. 7.6. STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane divided section from Radio Road along the length of Tract ~ $ - parcel 2 of 2 with a transition to a two lane section at the ~ ..... ~ ~ n~=~..~ ~,,~ ..... ~ ,.,~+~ ~.~]] .... Wa~ within three hundred ~300) feet north of the north property line of Tract A - ~arce% 2 of 2. The remainder of Briarwood Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along Briarwood Boulevard from Radio Road to the intersection of Briarwood Boulevard with C~-ee~r Roa~ at Outlet A. Proqess Avenue and future Livinqston Road. purposes =~ +h~recerd plat for that i~ recorded. 7.7. EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, T.V. cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 7-2 035 499 7,8.. UTILITY DIVISION Water distribution, sewaqe collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Ail customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the...County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the pr.o~ect, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off- site water and/or sewer facilities are available to serve the project. Co It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage...generated by this project. Should the County_ system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the ~quirements of Collier County Ordinance No. 88-76, as amended. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demands, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. The existing off.-site water facilities of the District must be evaluated for hydraulic capacity, to serve this 7-3 project a~.reinforced as required, consistent with the county's water Master Plan to insure that the District's water ~ystem can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's e×istinq committed capacitv. The on-site water distribution system to serve the project shall be connected to the District's 12 inch water main on Radio Road, extended to and throuqhout the project, terminatinq at the project's north property line at a point established by the Utilities Division, consistent with the findinqs of item 5 above. Durinq desiqn of these facilitiesa the followinq features shall be incorporated into the ~istribution .system: Dead end mains shall be eliminated by loopingjthe internal pipeline network. Stubs for future system i~terconnection with adjacent properties shall be provided alonq the east pr@peTty line of the pro~ect~, at locations to be mutually aqreed upon by the Utilities Division and the Developer prior to 'the design phase of the prQject. If oversizinq of the project's water distribution facilities to meet the needs of the County Water Master plan is required pursuant to items E & F, the Developer shall enter into an Aqreement with the Collier County Water-Sewer District for that work. The Aqreement must be finalized and accepted by the District prior to the approval of construction documents for the project by the County. The utility, construction documents for the project's on- site seweraqe system shall be prepared to contain the design and construction of the on-site and off-site force main which will ultimately connect the project to the future central seweraqe facilities of the District at Pu~p Station 3.10, to be located on Tract 10 of the Foxfire Subdivision. The force main must be extended from the main on-site pump station to a point outside the project's southern boundary as specified by the Utilities Division and capped,...unless the County's central sewer facilities are available for connection at the time of construction. It must be interconnected to the on-site main pump station with ~ppropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities become available. Ultimate connection to the County's seweraqe facilities will be the responsibility of the Developer pursuant to the requireU Agreement reqardinq 7-4 the use o~' an interim sewaqe treatment facility as specified in item 3 above. The utility construction documents for the project's on- site sewerage system shall be prepared so that all sewaqe ultimately flowinq to the District's master Pump Station No. 3-10 is transmitted by one el) main on-site pump station. The Developer's engineer shall meet with the County staff prior to commencinq preparation of construction drawings, sQ that all aspects of the se%~eraqe system desiqn can be coordinated with the District's sewer master plan. 7.9. WATER SUP4~ ~=~ ~ ~ ~ty of Naples system ~ '~*~ .......... available to ~e project site via Collier County Water-Sewer Distriot. A !e~ter sha!l be obtained from the '~;atcr agency =~,,~ extension of *~ ..... *~ ~ ~ prior to. A !~t~g~r---~a!! also be obtained from thc %-:ater agency cemmittinq delivery perm..its for construction of dwelling 'units. Individual ~ells shall ........ ~ by the 7.9. SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 7.!I. 7,10, OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all residential areas. Ail such utility lines shall be installed underground. 7.12. 7.11. T?~FFIC SICNAL TRANSPORTATION The main entrance to the residential portion of the project (desiqnated Briarwood Boulevard on the site plan) shall be in aliqnment with the main entrance to Foxfire Be Subdivision. The developer shall provide a fair share contribution to the capital cost of a traffic siqnal on Radio Road at the main entrance to the project when deemed warranted by the County Director of Transportation Services. The siqnal 7-5 shall be. owned, County, operated and maintained by Collier The de~eloDer shall provide left and right turn la~e$ o_~ Radio Road at the main entrance to the project. This construction shall be coordinated with the four laninq of Radio Road. The commercial tract shall be limited to one access to Radio Road and one access to the future Livingston Road. Approval of these accesses at this time does not imD!v that median openings will be permitted when these roads are four laned. Appropriate turn lanes shall be provided at each access. E: The develpper shall provide 25 feet of additional right- of-way throughout the project's Radio Road frontage an~ 100 feet of right-of-way along the section line at the project's western boundary. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance, however, if the County amends its Impact Fee Ordinance within five (5) years from the date of this PUD amendment adoption to include riqht-of-way acquisition, and if said Ordinance, as amended, provides for credit against impact fees for dedication of right-of-way, County agrees to credit applicant against future impact fees for the fair market value of the property dedicated as of June 30, 1989. and tho entranc~ tc BRIAR[.3~D at the time such cy~tem . is ~ %-?i.th this paragraph shall be included in the bend~ ~prevemcnts ,~;hen the plat is recerded. 7.13. 7.12. ARCHITECTURAL REVIEW Ail buildings constructed with BRIARWOOD must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the prcperties. 7.!4. 7.13. ACCESSORY STRUCTURES 7-6 Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. ?.15. 7.14. SIGNS Ail signs shall be in accordance with the appropriate ~ ' ~o~lier County Ordinance. ?.i~. 7.15. LANDSCAPING FOR OFF-STREET PARKING AREAS Ail landscaping for off-street parking areas shall be in accordance with the appropriate Collier County ordinance. 7.17. 7.16. PARKING, STORAGE, EQUIP~4ENT OR USE OF MAJOR RECREATIONAL Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, travel trailers, pickup campe~ or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. 7.17. PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS (A) It shall be unlawful to park a commercial vehicle on any lot in a residential zoned district unless one of the following conditions exist: The vehicle is engaged in a construction service operation on the site where it is parked, the vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the exterior of the lot. (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one tone, shall be exempted fromm this Section. 7.18. WATER MANAGEMENT 7-7 The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. A dry season pool ~ ~ be maintained in the lakes portions of the project by pumping from the Golden Gate Canal. T-h~lf course irrigation v~atcr, shall be drav;n from the lakes. All required permits shall be obtained prior to pumping. Detailed site drainage plans shall be submitted to the Pro~ect Review Services' for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is qranted by the Pro~ect Review Services. An Excavation Permit will be required for the proposed lake[s) in accordance with Collier County ordinance 88- 26 and South Florida Water Manaqement District rules. c0Pie~ ...of the approval from Management District for the constructio~/operation~ permit construction sites be provided. South Florida Water conceptual plan and for each phase of Revised Master Plan reflectinq the relocation of Lakes 1, 2, and 7 to meet the requirements of Ordinance 88-26. The typical lake section shall also be revised to meet Ordinance 88-26. Ail lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 7.20. 7,19, EXTERNAL ANTENNAS Antennas, includ, ing but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external of the principal or accessory structures in residential districts. ENGINEERING No development activity shall beqin prior to approval of final details plans and plats or SDP. Excavation work may begin only upon specific aqreements between the County and the applicant relatinq to quantity, location, clearinq, submission of final plans, bondinq, etc. Ail required Riqht-of-Way for Livinqston Road and Radio Road shall be dedicated to the County prior to approval 7-8 505 of construction plans for any tract. However, the dedication may be part of the first plat. Progess. Avenue shall not be connected to the internal roadway system until Livinqston Road is built. A Subdivision Master Plan submission shall be required, in accordance with.. Ordinance 76-6, as amended or superceded,, on all tracts as they are individually developed. The submission will be administratively reviewed by staff prior to construction plan submission bY the applicant. If the tract is not intended to be subdivided., the applicant will submit an SDP application. No variances to the subdivision requlations are Fe requ~sted, none qiven. Conservation areas shall be identified by a su~;ey and preserved Q~ the plat document by easement or tract. If lot lines are allowed.~o extend iDto the area, a minimum of 15 feet setback from the preserve area shall be required for all principal or accessory use structures. 7.21. ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to Ordinance 75-21 (or the tree/veqetation removal ordinance in existence at the time of permittinq), requirinq the acquisition of a tree removal permit prior to any land clearinq. A site clearinq.plan shall be submitted to the Natural Resources Manaqement Department for their review and subject to approval prior to aDy work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearinq..plan shall clearly..depict how the final site layout incorporates retained native veqetation to the maximum extent possible and how roads, buildi~qs, lakes, parkinq lots, and other facilities ~ave been oriented to accommodate this qoal. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all ~andscapinq on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their aPProval. The landscape desiqn shall incorporate a minimum of 60% native plants, by number, includinq trees, lshrubs, and qround cover. At least 60% of the trees, 60% of the shrubs, and 60% of the qround cover shall be native species. At the direction of the County Landscape Architect or County Environmental .Specialist a highh percentaqe of trees or shrubs can offset an equal percentaqe of qround cover. For example, the. use of.70~ 7-9 native trees cculd ..allow She use of only 50% Da$ive ground cover. This plan shall depict the igcQvDoration Qf n~tiv¢ species and their mix with other species, if any. The goal of site landscaping sh~ll be the re- creation of native vegetation and habitat characteristics ~ost on the site durigg construction or due to past activities. Ail exotic plants, as defined in th..e County Cod~.~.~ shall be removed during each phase of construction from development areas, open space areas, and preserve areas_=. Following site development, a .maintenance t)rcqram shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources MaD~gement ~epartment ~nd the Community Development Division. If, dur~nq the course of site clearinq, excavation, or other constructional activities, aD archaeological or historical site, ~rtifact, or lther iDdicator is discovered, al! development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient lenqth of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will yespond to any ~ucb Dotificatio~ iD a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. In conjunction with the Florida Game and Freshwater Fish Commission (FGFWFC), petitioner shall transfer ~he gopher tortoises to the CODservation areas and/or leave the tortoises where they.are presently located. This is also in accordance with policies 1.1.5 and 7.3.5 of" the Collier County Growth Management Plan. p~t~tioner sb~ll designate the three areas along the western border of the site (the cypress wetland, xeric habitat, and cabbage palm hammock) as conservation areas. These areas shall be so deslgnated on all subsequent site plans. Buffer zones, at least 10 feet wide (20 feet wide for Parcel 1 of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. 7-10 SECTION VIII LANDSCAPE DEVELOPMENT 8.1. PREFACE The purpose of this section is to establish guidelines for the preservation of certain natural resources.~..-=~ ~v~w~ ~-.~="~.-~- 8.2. OBJECTIVE To enhance the quality of the environment for future residents of this development and the community as a whole by: Establishing guidelines for maximum utilization of existing natural vegetation within the development plan. Preservation of ~=v_,~__.. ~_~m '~..~...~..~ Tract E - three ~3) ' coDservaticn. ,areas, in .a natural unaltered condition. C. Establishing guidelines for re-vegetation of cleared areas. 8.3. PLANT COMMUNITY ANALYSIS The veqetation on the subject property.can best be described as a typical Pine flatwoods community in Collier County. The site is virtually flat with less than one foot chanqe in elevation over the entire property.. The site has been badly burned within the past 3 or 4 years as evidenced by the numerous dead and dyinq hatrack cypress. The 8-1 few living cypress remaining on site are badly scarred and appear ~o Be very stressed. No siqns of reproduction are visible,.neither younq trees or seed cones are present. There was a layqe wetland system present ton the 1983 aerial) near the eastern, central edqe of the property. This system is virtually qone. All the wetland veqetation in this area appears to have been destroyed by the fire(s). All that remains is the burned out stumps of the cypress trees. Melaleuca has completely taken over this system. The melaleuca trees form a solid mass of 12' to 18' tall trees with occasional larqer trees scattered throuqhout this entire historic wetland area. The trees are so dense the visibility into this area is approximately 19' or less into the system. A small cabbaqe palm/oak hammock exists near the south central edqe of the subject property. Thi[~ area would be a very attractive and desirable porticn of the landscapJ.ng for the project if it is preserved. Vegetation present on the property includes the followinql Slash pine (PiDus elliotti); ...few scattered Pond cypress (Taxodium ascendent), numerous larqe defined monocultures of saw palmetto (Serenoa reDens), scattered dahoon holly tilex cassine), cabbaqe palms (Sabal palmetto), wax myrtly (Myrica cerifera), cocoplum CChrysobalanus icaco), and a few isolated oaks (Quercus sp...). Brazilian pepper (Schinus terebinthefolius) is present in considerable numbers and is scattered throuqhout the property. Melaleuca (Melaleuca quinqeuneriia) has invaded the entire parcel. Density of the melaleuca varies from occasional, . scattered trees to a monoculture of trees that is crowdinq out and replacinq the oriqinal native vegetation on approximately 65% of the property. Ail exotics, Brazilian pepper, melaleuca and downy rose myrtle Should be removed form the property as it is being developed. No endanqered or threatened species were observed on this property with the sinqle exception of gopher turtles. The site has a~ UDusuallY larqe number of gopher turtles. There are o~e or more burrows in each palmetto patch throuqhout the property. Four active turtle burrows out in open forest areas with no cover present anywhere near the entrances were also found. 8.4. LANDSCAPE DEVELOPMENT 8.4.1. Single Family !~cbi!c & Modu!a~ Dwelling Sites: Shall be excluded from landscape development by the project sponsor. However, h~ it shall not alter the exiting 8-2 03'5 509 vegetation within the dwelling site boundaries from its natural state except for these areas where access may be required for construction activities (to include but not limited to drainage, utility easements, etc.). Said access areas shall not exceed 50 feet in width at any one point and shall not exceed 20% of the total dwelling site areas. They shall be stabilized with durable grasses. In the event that temporary sewage treatment facilities may be required for this project, ~aid faci!itioc will b~ .located '-'~ ~ single ~l,, d~c!!ing ~ ~=~ ~ ~h~ parco! to the north of tha Florida Po'~/ar and Light Right-cf- %;ay. Shcu!d this occur, th~ requiramcnts indicated above ara e.xc!ud~nd the following requirements prevail: Clearing shall be minimized to the extent necessary to accommodate the required facilities. Ail disturbed ground ar~as shall be revegetated with durable grasses to stabilize erosion. When the treatment' facilities are no longer needed and removed (as sewer districts are formed with required tie-ins) the affected area shall be revegetated with durable grasses and reforested on a program developed in conjunction with the appropriate forestry agency. This program should give consideration to the area used as dwelling sites and their primary building zones. 8.4.2. Multi-Family and Commercial: (to include tracts A, B and C) These areas are subject to existing county tree and landscape ordinances and shall remain in an unaltered condition until such time as individual site development plans are approved. However, limited clearing may take place as these sites re3.ate to adjacent use areas for purposes of drainage, utilities, etc. that are a par~ of the overall plan. However, disturbed areas shall be revegetated with durable grasses to control erosion. 8.4.3. Streets and Rights-of-Way: Function: Enhancement of the quality of the environment through use of trees and vegetation. Species selection should require a minimum amount of maintenance. Be Treatment: Street trees will be planted on basis of one tree per 60 lineal feet of roadway per side. Trees may be planted as individuals or as cjusters. Cjuster planting will be located on a maximum interval of 180 8-3 lineal feet. Any existing trees within the right-of-way may be counted as a part of the street tree planting. Unpaved portions of right-of-way will be revegetated with durable grasses to control erosion. 8.4.4. Tract E - Conservation Areas: Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the community. Be Treatment: Total protection of flora and fauna. Prohibit vehicles and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. O,-'t-Let "A" - .Native Vegetative Buffer.: Function: Pr.vide v!s,_'al and noise buffer bet;-;cen building site~, roadwayg 8.4.5. Florida Power & Light Right-of-Way: This area has been totally cleared and has been stabilized with Bahia grass. This area may be used in part as ~ ~ Qpen space and shall be vegetated with appropriate grasses. ~ 8.4.6. Lake~: A. Function: Provide water retention, visual quality for the community. recreation, and Treatment: On completion of construction, lake banks will be revegetated with durable grasses to control erosion. Tract F shall .... ~- in an unaltered condition until guch ~ =~ ~4 ~ ~e,/e~ o~men~ ~ ....... 8-4 511 Tract F a~ Coif Cc'arEa ~g~g in a natural una!tercd condition. grasseu~ .... =~_~ ~ ~=,, and introduced !a~~ affacting off-str~at v~hicu!ar ucc 8-5 EXHIBIT A AGREEMENT AND RELATED OPTIQN FOR SALF~_ AND PURCHASE OF REAL PROPERT_~Y , 19~by and between McALPINE (BRIARWOOD), INC., a Fl~ida corporation, Suite B, 5820 North Federal Highway, Boca Raton, Florida 33487, hereinafter "Seller", and REPUBLIC DEVELOPMENT CORPORATION OF OHIO,;W~';Florida corporation, Suite 2, 3150 Republic Boulevard North, Toledo, Ohio 43615, hereinafter "Purchaser". R E C I.T A L S: A. Seller is the owner of a parcel cf real property located in Collier County, Florida, constituting and being a residential Planned Unit Development known as "Briarwood, a Planned Unit Development" pursuant to Collier County Ordinance No. 76-22. 'Said real property is more particularly described in Exhibit "1" attached hereto and made a part hereof. B. Purchaser desires to rezone the real property described in Exhibit "1" and acquire from Seller a portion of said real property, which portion is more particularly described on Exhibit "2" attached hereto and made a part hereof together with an easement from Radio Road for purposes of ingress and egress and for utilities. C. Said parcel of real property' described in said Exhibit "2", together with any improvements situated thereon and together with all and singular the rights, tenements, hereditaments, easements, privileges, and appurtenances thereto, all of which are herein collectively referred to as the "Subject Property" or "Land". D. Said Land is located within Briarwood, a Planned Unit Development and the uses of the Land are restricted by the P.U.D. Document (Ordinance No. 76-22) for Briarwood. E. Any reference herein to project development, residential development; infrastructure development and common, areas is in reference to the Land as such is delineated on the P.U.D. Master Plan for Briarwood. F. It is the intention of the Seller to sell to the Purchaser and it is the intention of the Purchaser to purchase from the Seller the Land for the Purchase Price and upon the terms hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, other good and valuable consider9tions, and subject to the conditions and restrictions contained in this Agreement, Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the "Subject Property" in the manner following: 1. INCORPORATION OF RECITALS AND CONVEyANC~ OF PROPERTY. The above-stated Recitals are hereby incorporated as though fully repeated herein. The Land will be conveyed with good, marketable and insurable title and with all and singular the rights, tenements, hereditaments, easements, privileges, and appurtenances thereunto beto~:ging, including those which may be acquired by Seller up tc and including the Closing Date: and such other rights as may be spacl~fied in this Agreement to be transferred, assigned or conveyed by Seller to Purchaser. McAlpine (Briarwood)/Republic Development 07-20-88/mh Hard/Agree/Briarwoo. MCA ,00~ (]35 ~.: 513' OF, FIMITIO~IS. (a) AGREE:4ENT - This instrument, evidencing the contractual arrangement between the Seller and Purchaser for the sale and purchase of the Land and the Option Parcels, (also herein called "Contract"). .(b) (c) (d) (e) (f) (g) (h) (i) (k) (1) (m) BRIARWOOD - The real property described in the P.U.D. Master Plan, the legal description of which is contained in Exhibit "1", and the devel6pment planned thereon pursuant to such P.U.D. :4aster Plan. CLOSI}:G - Conveyance of the Land as evidenced by delivery of the deed transferring title to the Purchaser upon payment to Seller by Purchaser of the Closing Payment. CLOSI~:G DATE - The date on which the Closing is to occur, which is set forth in Paragraph 3 hereof. CLOSING PAYI4ENT - The Purchase Price paid by Purchaser to Seller at Closing, adjusted for prorations as provided in this Agreement, including the Deposit. CO:~IERCIAL PARCEL - The real property described in Exhibit "3" hereof which shall be zoned for commercial usage upon completion of the Rezoning of Briarwood by Purchaser as elsewhere herein described, and the ownership of which shall be retained by Seller. CONCEPTUAL SITE PLAN - The proposed draft of the site development plan for Briarwood attached hereto as Exhibit "7". DEFAULT - Failure on the part of a party to this Agreement to fulfill the covenants and agreements contained herein, including failure to meet obligations of Closing. DEPOSIT - The sum of money paid by the Purchaser to the Escrow Agent for Seller upon execution of this Agreement by Purchaser, and which represents an earnest money binder to be applied to the Purchase Price at Closing hereof: and which includes b9th the Initial Deposit, any Additional Deposit as destribed in Paragraph 4.B, and any Deposits made pursuant to Paragraph 3.B. hereof. Said Deposit shall be placed in an interest bearing account and interest thereon shall apply to the Purchase Price at Closing, and if C!csing does not occur by reason of Default of the Purchaser then the interest shall accrue to the benefit of the Seller. EFFECTIVE DATE - The date when the last one of the Seller and Purchaser has signed this Agreement. ESCROW'; AGENT - Young, van Assenderp, Varnadoe & Benton, P.A., Attorneys at Law. FI~;AL SITE P~\N - The site plan fur B.'iarwood, as ['ezoned pursuant hereto, expressly a~,proved in writing by Seller and approved by the appropriate governmental authorities for the Rezoning of Briar%.:ood P.U.D. as contemplated herein. OPTIC}~ PARCELS - The real property described in Exhibits "4" through "6" hereof which constitutes 2 514 (n) the subject matter of the terms and -~ ~ contained in Paragraph 13 hereof. P.U.D. - Refers to the P.U.D. Document for Briarwood, as reflected in Ordinance 76-22 and the P.U.D. :4aster Plan incorporated therein, and any amendments to the aforementioned. (o) PURCHASER - Ail Purchasers, jointly and severally, if there be more than one. (p) PURCHASE PRICE - The sum of money to be paid by the Purchaser to the Seller as 'described in Paragraph 4 hereof. (q) REZCNI~:G - The reclassification of the use of Briarwood by the appropriate Collier County authorities at the sole cost and expense of Purchaser and subject to the express written approval of Seller (r) UNIT or DWELLING UNIT or DWELLI:IG UNIT LOT - A portion of the Land and any Option Parcel which lawfully will accommodate one single-family dwelling whether detached unit, condominium, villa, cjuster housing or otherwise. A. The Closing of the transaction contemplated by this Agreement shall take place on or before nine (9) months from and after July 1, 1988, hereof, at the offices of the attorney for the Seller, or such reasonable place within Collier County as the parties hereto may designate in writing. The Seller will deliver possession of the Land to the Purchaser at Closing, provided that Purchaser may have prior access pursuant to Paragraph 6 hereof. B. In the event Purchaser is unable or unwilling to close this transaction as stated in Paragraph 3.A. above, Purchaser shall have an option to extend the Closing Date for up to six (6) months by depositing with the Escrow Agent the sum of Forty Thousand and 00/100 ($40,000.00) Dollars per month prior to the expiration of the last month in which Closing may occur pursuant to the te-~m..s of this Contract. Each such deposit shall be non-refundable to the Purchaser in the event of Default by Purchaser, but shall apply on the Purchase Price at Closing. In no event, however, shall the Closing Date be extended beyond Cctober 1, 1989. C. The parties agree to comply with the provisions of Section 627.7841, Florida Statutes, so as to effect the gap coverage by the title insurance underwriter and avoid delaying disbursement of Closing Payment. 4. PURCHASE PRICE AND MANNER OF PAYMENT. The full Purchase Price of the Land is T%:enty Five Thousand Five Hundred and 00/100 ($25,500.00) Dollars per acre which shall be determined prior to closing based upon the calculation to the nearest one hundredth of an acre by the Florida Registered Land Surveyor conducting the Survey described in Paragraph 9 hereof, payable as follows: A. INIT%AL DEPOSIT. An earnest money deposit in the amount of Twenty Five Thousand and 00/100 ($25,000.00) Dollars paid hera~ith, recni[~t of ~hich is hereby acknowledged by Escrow Agent, to be held in nn interest bearing escrow pending acceptance of this Agreement by Seller and thereafter to be held in an interest bearing escrow account to apply on the Purchase Price of the Land and upon Closing to be paid to the Seller; and 3 B. AQD!TIO~AL DEPOSIT. An additional earnest money deposit in the amount of Fifty Thousand and 00/100 ($50,000.00) Dollars shall be paid to the Escrow Agent, to be held in the same interest bearing account as the Initial Deposit pending Closing of this Agreement and to apply on the Purchase Price of the Land and upon Closing to be paid to the Seller. This additional deposit shall be paid, as required herein, on or before the expiration of the Inspection Period described in Paragraph 6 hereof; and C. CLOSING PAY~4ENT. Purchaser will pay the Seller at Closing the kalance of the Purchase Price as determined above, including the Initial Deposit, Additional Deposit, and any deposits pursuant to Paragraph 3.B. above, adjusted for prorations as provided in this Agreement. 5. DEV~OP~4~NT OF PROPERTY. A. It is understood by the parties hereto that the Purchaser shall seek to have Briarwood rezoned to accommodate Single Family Homes, Multi-Family Dwelling Units, and Commercial Property. Such rezoning %~ill require substantial amendment of the P.U.D. and the commercial and multi-family properties presently reflected on the existing P.U.D. will be relocated. Such rezoning shall be entirely at the expense and effort of Purchaser; however, Seller agrees to join and consent in such rezoning effort to the extent that Seller, in Seller's sole discretion, approves the Final Site Plan for such rezoning. The Conceptual Site Plan attached hereto as Exhibit "7" is acceptable to Seller as a depiction of the general plan for development by Purchaser of the Briarwood development and is subject to final approval by appropriate governmental authorities. Seller reserves the right, in its sole discretion to approve any substantial or material changes to said Conceptual Site Plan, such approval not to be unreasonably withheld. It is agreed that the Commercial Parcel to be reflected on such Final Site Plan shall be retained by Seller and that this Agreement pertains only to the Single Family and Multi-Family zoned real property which will be reflected on said Final Site Plan. Purchaser agrees to provide said Final Site Plan to Seller for its approval during the Inspection Period. (1) As else'.~here expressed herein, it is the intention of the Parties that the Seller shall retain ownership of the Commercial Parcel as shown on the approved Final Site Plan. It is the intention 6f the parties that the Commercial Parcel shall constitute 15.99 acres. To the extent that the Commercial Parcel constitutes less than 15.99 acres, Purchaser agrees to pay Seller the hereinafter described sums for the incremental reductions in acreage of the Commercial Parcel set forth as follows: (a) For all acreage up to 2.00 acres, the sum of One Hundred Thousand and 00/100 ($100,000.00) Dollars per acre or proportionately for any fraction thereof; and thereafter, (b) For all acreage in excess of 2.00 acres but not more than 6.00 acres the sum of One Hundred Seventy Five Thousand and 00/100 ($175,000.00) Dollars per acre, or proportionately ~or any fraction thereof; and thereafter, (c) For all acreage in excess of 6.00 acres, but not more than 11.00 acres, the sum of Two Hundred Thousand and 00/100 ($200,000.00) Dollars per acre, cr proportionately for any fraction thereof; and thereafter, (d) For all acreage in excess of 11.00 acres the sum of Two Hundred Twenty Five Thousand and 00/!00 ($225,000.00) per acre; (e) Payment for the reduction in size of the Commercial Parcel of up to two acres, the price for which is set out in subparagraph (a) above, shall be due in cash at Closing or thirty (30) days after approval of the Final Site Plan by the Board of County Commissioners of Collier County, Florida, whichever first occurs; (f) Payment of the balance of the sums for the reduction in acreage of the Commercial Parcel according to the prices therefore set forth in ~ubparagraphs (b) through (d) above shall be evidenced by a Promissory Note .end--~ee~r~ b~j__n.-D~r~h~c ~ Payable to the Seller eighteen (1~) months from and after the Closing Date or up~on Purchaser's exercise of the first option set fortP, in Paragraph 13 hereof, whichever first occurs. /~1]' be subord{~~c r~uc~t~f--P~~n ~sums evldenced by said Promissory Note shall bear interest at the rate of ten percent (10%) per annum which interest will not begin to accrue until t?lelve (12) months after the Closing Date, unless said ~;ote a~-~is in default, whereupon all sums shall bear interest at the highest rate allowed by law. There shall be no penalty for prepayment of such sums in whole or in part. (2) The Commercial Parcel shall consist of one contiguous parcel fronting on Radio Road at the Northwest corner of Radio Road and the proposed right-of-way for Livingston Road with at least seven hundred (700) feet of frontage on Radio Road, unless otherwise agreed upon in writing by Seller, but such consent shall not be unreasonably withheld. However, if the Commercial Parcel as reflected in the approved Final Site Plan consists of less than 15.99 acres, then the dimension of the Commercial Parcel along Radio Road will be not les~ than ninety percent (90%) of the average north to south dimension of the Commercial Parcel unless Seller expressly approves a variation therefrom in writing. The average north to south dimension of the Commercial Parcel will be mutually determined by the respective engineers for the Seller and Purchaser. If said Commercial Parcel consists of more than thirteen and ninety-nine hundredths (13.99) acres, then the Final Approved Site Plan shall provide direct access from Radio Road to the Commercial Parcel including curb cuts and all other requirements of the appropriate governmental authority which access shall accommodate pedestrian and vehicular ingress and egress to the Commercial Parcel. B. Prior to the Closing hereof the Purchaser will not place or allc%{ to be placed on the Subject Property any lien. If Purchaser's actions shall result in the recording of a Claim of Lien against the Subject Property during such period of time, Purchaser shall be obligated to transfer the lien to a bond within twenty (20) days from and after the recording of such lien.. In the event Purchaser shall fail to do so, it is agreed that the ~eller may transfer such lien to a bond and shall be entitled to full reimbursement of such costs within thirty (30) days after payment of same or at Closing, whichever first occurs, together with interest at the highest rate allowed by law. Failure of Purchaser to pay such sums to Seller prior to Closing shall constitute a default by Purchaser under this Agreement. C. Purchaser understands and agrees that the Final Site Plan shall provide for access to the Commercial Parcel from the revised main entrance to Briarwood, together with access to Livingston and Radio Roads. Purchaser agrees to plan and accommodate the water run-off from the Commercial Parcel in the over all water management plan for Briarwood. 6. INSPECTION OF SUBJECT PROPERTY. A. Purchaser shall have until ninety (90) days from and after July 1, 1988, to enter upon Briarwood and conduct tests as specified in Paragraph 6.B. and 6.C. hereof. In the event Purchaser, for whatever reason, decides not to proceed to closing according to the terms and provisions of this Agreement, it may uancel this Agreement by providing written notice to Seller and 5 035 517 Escrow Agent on or before the e×piration of said ninety (90) days. If this Agreement is properly cancelled pursuant to this paragraph, Purchaser shall be entitled to return of its Deposit together with all accrued interest, if any, and the parties shall have no further obligation one to the other. In the event that the Agreement is not properly cancelled, the Deposit shall be non-refundable, except as otherwise provided in this Agreement. During the first forty (40) days of this Inspection Period, Purchaser shall develop at Purchaser's sole expense, and submit to Seller, a proposed Final Site Plan for all of the property described in Exhibit "1" hereof. Seller shall have ten (kO) business days from delivery of Final Site Plan, to review and approve or disapprove said proposed Final Site Plan. In the event Seller disapproves same, Seller shall advise Purchaser in writing as to the reasons why Seller, in Sellers' sole discretion, has disapproved said proposed Final Site Plan. All surveys, plans, specifications, and reports of examinations, inspections, investigations, soil borings, hydrology, topographical, drainage, environmental, ecological and other tests shall be delivered to, and become, the property of Seller if Purchaser elects not to proceed to Closing according to the terms and provisions of this Agreement. B. Seller and Purchaser may enter Sria~.~ood at any time after execution of this Agreement and before Closing to insFect and survey Briarwood and conduct any tests and surveys necessary to satisfy Purchaser as to development costs end feasibility. Seller shall not be liable to Purchaser for any damages suffered by Purchaser as a result of any delays, defective products or workmanship or accidents resulting from inspections, tests, or surveys performed by or for Purchaser. C. Purchaser's rights hereunder are conditioned upon the following: (1) No such activity shall cause any permanent, material injury to Briarwood, or any injury to its improvements (if any); and Each such activity is upon reasonable advance notice and conducted so as not to disturb Seller's use of Briarwood; and (3) Purchaser indemnifies Seller against any liability because of any such activities. 7. TITLE EVIDENCE. A. Seller agrees to deliver to Purchaser or Purchaser's attorney within thirty (30) days from and after the Effective Date a ccmplete abstract of title for the Land prepared or brought current by a reputable and existing abstract firm certified as an accurate synopsis of the instruments affecting the title to the fubject ?roperty recorded in the Public Records of the County wherein the Land is situated. Said abstract shall commence with the earliest public records in said county and shall be certified to a date subsequent to the Effective Date. Any ~urther continuation of said abstract caused by any reason other than delay of the Closing past the Closing Date by action of the Seller, shall be at Purchaser's sole expense. Seller shall convey a good and marketable title in accordance with the Title Standards adopted from time to time by The Florida Bar, subject only to liens, encumbrances, excepticns or qualifications set forth in this Agreement and those which shall be discharged by Seller at or before Closing. Upon Closing of this transaction such abstract shall become the proper%y of the Purchaser. Such title shall be subject only to the following: (1) Real property taxes for the current and subsequent years; 6 Zoning, subdivision, building and other ordinances and regulations of Collier County, Florida; Reservation of gas, oil and mineral interests, if any; (4) Easements, if any, created pursuant hereto; (5) Any matters which would be shown by an accurate survey of the Subject Property; Defects created by Purchaser, it agents, successors or assigns. (7) Easements, conditions, restrictions, reservations and limitations of record, if any. B. Within ten (10) days of receipt of the abstract, the Purchaser shall notify the Seller, in writing, of any defects which would render the title other than good and marketable. Seller agrees to use reasonable diligence to make the title good and marketable and shall have a period of thirty (30) days from the date of receipt of Purchaser's notice within which to do so, unless said time frame is extended by Seller and Purchaser to a period not in excess of ninety (90) days in %;hich case Seller shall have the obligation to proceed diligently to cure the title defect for that extended period. Should Seller be unable to make title good and marketable within such time, then, at the option of Purchaser, and upon request of the Purchaser, all monies paid hereunder by Purchaser shall be returned to Purchaser with interest earned thereon and thereafter the parties shall be relieved of all further obligations and responsibilities hereunder. C. At Closing Seller shall provide Purchaser with signed Affidavits regarding possession and liens, and in compliance with Section 1445 of the Internal Revenue Code and Regulations promulgated thereunder. 8. OTHER CONDITIONS AND RESTRICTIONS. Purchaser understands and agrees that the following matters shall survive Closing: A. Use of Subject Property is subject to the permitted zoning and other conditions and restraints imposed by P.U.D. Ordinance 76-22 enactud by the Board of County Commissioners of Collier County, Florida, on May 21, 1976 and by all amendments to said ordinance, as well as such restrictions and conditions as may be imposed on the use of the Subject Property as a result of Purchaser's efforts to have Briarwood rezoned. B. Briar~ood, upon such rezoning, is to be used only for residential units, together with 15.99 acres of property zoned for commercial usage. C. . Purchaser shall, at Purchaser's sole expense, develop a surface water drainage and management plan for Briarwood as Rezoned. Said plan %~ill be designed to accommodate water management and drainage not only for the Subject Property and Option Parcels, but also the Commercial Parcel. Purchaser shall be solely responsible for the cost of development, construction, installation, repair and maintenance of said water management and drainage plan and facilities required by the- appropriate governmental authorities for Briarwood as Rezoned. Purchaser shall be required to obtain, at its sole cost, a surface water management permit from So'_th Florida ~ater ~.~anagement District for Briarwood as Rezoned and to excavate the lakes which will be reflected on the Final Site Pla.% thereof. However, this Contract shall not be construed to x=quire Purchaser to excavate any lakes prior to the time such excavation would be required by the appropriate governmental authorities for implementation of the surface water management plan. In the event that the appropriate governmental authbrities permit purchaser to drain water from real property purchased by Purchaser pursuant to this Contract northerly through the option Parcels, as otherwise described herein, Seller agrees to allow such drainage to be provided through ditches and/or berms excavated by the Purchaser, provided that Seller reserves the right to approve thc location and construction of such drainage facilities. Cunsequently, Purchaser shall have the right to excavate the lakes and/or drainage facilities on properties described in Exhibit "1" hercof in addition to Subject Property; provided, however, that none of the fill excavated from such lakes and/or drainage facilities is removed from the Option Parcel on which such lakes and/or drainage facilities are located. Upon exercise of the Option described in Paragraph 13 hereof by Purchaser to purchase any such Option Parcel and following the closing of the purchase thereof, Purchaser may remove such fill in Purchaser's sole discretion. D. Seller retains the right to use all of the roads constructed by Purchaser at Purchaser's sole expense upon the properties described in Exhibit "1" hereof and also reserves the right to connect such roads to roads that Seller, its successors or assigns, may construct upon the Commercial Parcel to be reflected on the Final Site Plan. Seller shall have no obligation to Purchaser upon connection of such roads of the Commercial Parcel to the roads constructed by Purchaser on the remainder of the property described in Exhibit "1" hereof. E. Purchaser covenants and agrees that the sewer and potable water system to be designed and constructed by Purchaser upon the property described in Exhibit "1" hereof will be designed and constructed in sufficient size and capacity to accommodate future construction upon and use of the Commercial Parcel to be reflected on the Final Site Plan and the ownership of which is to be retained by Seller if Seller, in Seller's sole discretion, deems it necessary to do so. However, Seller agrees to reimburse Purchaser for the cost of oversizing the sewer and/or potable water system to accommodate such usage by the improvements to be constructed upon the Commercial Parcel. The determination cf the extent of such over-sizing and the cost thereof will be determined by Seller's engineers and Purchaser's engineers. F. Seller retains the right for itself, its successors and assigns, to utilize the sewage treatment plant to be constructed by Purchaser as provided in Paragraph 8.G. by paying to Purchaser the cost of oversizing the said sewage treatment facilities to accommodate the requirements for treatment of sewage generated by the improvements that may be developed on the CommercJ.al Parcel in compliance with the approved Final Site Plan. The Purchaser's engineers and Seller's engineers shall mutually determine th~ said cost of oversizing for these purposes. Seller shall pay to Purchaser the cost of such oversizing within thirty (30) days after Purchaser tenders a bill to Seller for same. Such bill shall be accompanied by invoices or receipts from suppliers clearly nvidenciqg the excess costs generated by such oversizing. G. Seller agrees that Purchaser shall be permitted to construct the temporary sewage treatment plant described in Paragraph 8.F., above, on not more than two (2) acres of the Commercial Parcel, which plant will have the capacity to serve the entire Briarwood Development as defined in Exhibit "1" hereof in its fully developed stage; Provided, however, that the Purchaser is successful in getting said entire Briarwood Development rezoned to include at least 15.99 acres of commercially zoned property. If such rezonJng results in less than 15.99 acres but at least 14.99 acres cf Tommercially zoned property, then Purchaser may utilize only one acre of the Commercial Parcel for purposes of constructing a~d operating the said temporary sewage treatment plant. However, if Purchaser determines that the Commercial Parcel is not adequate or appropriate for the location of the temporary sewage treatment plant, up to three (3) additional acres of residentially zoned real property owned by Seller may be used for the plant site and/or settling ponds or areas in which sewage effluent is dried or stored. The location of such additional acreage shall be mutually agreed upon by the Seller and the Purchaser, but will not be on the Commercial Parcel ~r--t~-m~t-~- .~ .~a.~wi-~i~zo~~p~q~CT~. Such additional acreage shall be paid for by Buyer at the same time as the payment is made to Seller of the Purchase Price for Option Parcel Three. Said purchase price will be calculated in the same manner as set forth in Paragraph 13.F. (1) hereof. Such temporary sewage treatment plant shall constitute and remain the property of the Purchaser. Purchaser will be responsible for the operation and maintenance of said plant. However, costs of operating the plant, including but not limited to, the cost of electricity, chemicals, maintenance and supervision will be prorated between the Purchaser and the Seller in accordance with the use made of such plant by Purchaser and Seller. Seller shall not be responsible for any such costs prior to the time Seller commences use of such facilities. The determination of such use shall 5e made mutually by the engineers for Purchaser and Seller. The cost of dismantling and removing said plant, as well as the cost of restoring the property utilized by said plant to its previous condition before the construction and operation of such plant, will be the sole cost and expense of Purchaser. Purchaser's rights hereunder are further subject to the follo%¢ing conditions: (1) Purchaser's rights to possession and use of the site of the temporary sewage treatment plant shal~ be evidenced in writing by a lease between the Seller and Purchaser which will reflect consideration of One Dollar and 00/100 ($1.00) Dollar per year. This lease must be prepared and accepted by Purchaser and Seller, subject to closing of this Agreement, within the ninety (90) day inspection period set forth in Paragraph 6.A. hereof; (2) Insurance coverage naming Seller as an insured and satisfactory in form and content to Seller shall be obtained at Purchasers expense and .effective as of the Data of Closing, and such insurance policy shall be submitted to Seller for Seller's approval at Seller's sole discretion, within the ninety (90) day inspection period described in Paragraph 6 hereof; (3) Purchaser shall submit to Seller for Seller's approval, not to be unreasonably withheld, an Agreement by Purchaser to hold Seller harmless from any liability incurred by reason of the construction and operation of said temporary sewage treatment plant. Said Hold Harmless Agreement must be submitted to Seller within the ninety (90) day Inspection Period described in Paragraph 6 hereof; Any contracts for the improvements which will constitute and be appurtenant to the temporary sewage treatment · plant shall be bonded by Purchaser, at Purchaser's sole cost and expense, by performance and payment bond(s) insuring that such improvements will be completed pursuant to those contracts and that all parties have any claims for compensation for such improvements will be paid in full and that no liens will attach to any property of Seller. Purchaser shall provide such bond(s) to Seller for Sellers review and approval, in Seller's sole discretion, within the Inspection Period described in Paragraph 6 hereof; (5) The lease of any portion of the Commercial Parcel for the site of for the temDorary sewage treatment plant, as described herein, shall be limited to a term of ten (10) years or the data when sewer services provided by Collier County become available to Purchaser, whichever first occurs. The lease of any portion of the residentially zoned property for the site of the temporary sewage treatment plant, as described herein, shall be limited to a term of t%~enty (20) years or the date when sewer services provided by Collier County become available to Purchaser, or the closing of the purchase of Option Parcel Three, whichever first occurs; (6) The site for such temporary sewage treatment plant shall be mutually determined by the Purchaser and the Seller; (7) Any settling ponds or areas in which the sewage effluent is dried or stored shall not be located upon Commercial Parcel ~r-~u-l-t,i~f~mi4-.u-~ned-p~oper-t-y contained in the Briarwood development; ' .3~c~'~. · (8) It is understood and agreed by the parties hereto that the temporary sewage t~eatment plant will be constructed to accommodate all cf the potential development at Briarwood, including the development of the Commercial Parcel. (9) This paragraph S.G. shall survive the Closing hereof. H. Purchaser may be required to dedicate or grant: (~) Drainage easement(s) on the Subject Property and any Option Parcel acquired by Purchaser pursuant to Paragraph 13 hereof, which may include any waterbody located on the Subject Property and/or Option Parcels in order to accommodate the ownership and development of the Option Parcels or Commercial Parcel; (2) Easement(s) through the Subject Property and/or Option Parcels, at location(s) to be mutually agreed upon allowing for underground pipe(s) to drain off-site surface water runoff across the Subject Property and/or Option Parcels for the benefit of the Option Parcels or Cor_nercial Parcel; (3) Easement(s) for ingress and egress and for utilities and drainage for the Option Parcels and Commercial Parcel. I. Seller, its successors and assigns, shall have the right to connect into the water and sewer lines to be constructed by Purchaser on the Land. The purpose of such connection shall be to provide such water and sewer services to the portion of the Briarwood as rezoned not included in the Subject Property, as such portion is developed. Purchaser, at Purchaser's sole expense, shall size all water mains, lift stations and sewage collection lines and facilities and electrical distribution systems, so as to have the capacity to serve all ~esidential units which may be developed on the property described in Exhibit "1" hereof. J. . Purchaser recognizes and agrees that an easement exists, or will have to be granted either by Seller or Purchaser or both to create the easement for the right-of-way for proposed Livingston Road, and Purchaser herein agrees to purchase from Seller all portions of the real property described in Exhibit "1" necessary to dedicate.to Collier County for such right-of-way.. K. It is understood and agreed by the parties hereto that Purchaser may construct recreation facilities on the Subject Property and/or the Option Parcels after closing on title thereof. It is further understood and agreed by the parties hereto that the Seller, its successors and assigns, so long as it or they own any interest in a'%y of the Option Parcels shall have the right of ingress and egress to, and use of, such facilities; provided, however, that Seller, its successors or assigns agrees to pay and pays: (1) Its prorate share of all such costs of maintenance and 10 522 operation of such facilities from and after the date of commencement of use thereof by Seller, its successors or assigns. Such prorate share shall be mutually determined by Seller's engineers and Purchaser's engineers. 9. SURveY QF sUBJECT PROPERTy. Seller agrees to provide at Seller's expense a boundary survey of the property described in Exhibit "1". Purchaser shall have the Subject Property surveyed at Purchaser's expense. If the survey, certified by a registered Florida Surveyor, shows any encroachments onto the Subject Property or that improvements located on the Subject Property project onto lands of others, or violate any of the recorded or contract covenants, Purchaser shall at least fifteen'(15) days prior to the Closing Date notify the Seller in writing of such violations, encroachments or projection and the same shall be treated as a title defect pursuant to Paragraph 7.B. hereof. 10. ~EPRESENTAT!ONS AND WARRANTIES OF SELLER. As part of the consideration of this Agreement, Seller hereby makes the following representations and warranties which to the best of its knowledge, or with the exercise of reasonable diligence and inquiry it.should have knowledge, are true: A. Seller has not and will not make any arrangements concerning the use of the Subject Property without approval of Purchaser, except such agreements that can be terminated effectively, prior to Closing hereof. B. Seller is duly authorized to sign this Agreement and. all other instruments necessary or desirable for the consummation of this transaction; and Seller's title to the Subject Property is good and marketable fee simple title subject only to the exceptions set forth in Paragraph 7.A. hereof. C. N6 representation, covenant or warranty by Seller nor any statement or certification given or to be given to Purchaser hereunder, or with respect to the transaction contemplated hereby, contains or will contain, on the dates as of which they are given or made, any un=rue statement of a material fact necessary to make the statemenas contained herein not misleading, and Seller has made, to the best of its knowledge and belief, and will make in good faith on or before the Closing Date, full disclosure of all material facts which a prudent Purchaser would deem relevant. D. To the best of Seller's knowledge, Subject Property has never been used as a site for hazardous waste disposal nor does the Subject Property contain hazardous wastes as that term is defined by the Environmental Protection Agency. E. There are currently no applications, ordinances, petitions, resolutions or other matters pending before any governmental agency in regard to annexution proceeding which would affect in any manner the Land and Seller shall not take any affirmative action during the term of this Agreement which could so affect the Subject Property. F. Tc the best of Seller's knowledge and belief the~e are currently no applications, ordinances, petitions, resolutions or other matters pending be£ore any other governmental agency that has jurisdiction to act on zoning changes which would prohibit or make nonconforming the intended use of the Land as set forth above and Seller shall not take any affirmative action during the term of the Agreement %{hich could so affect the Subject Property. G. To the best of Seller's knowledge and belief there are currently no co~demnation proceedings which would affect any or all of the Land. There are no matters pending before any governmental agency in regard to access routes, curb cuts, median strips, or other contemplated actions of public agencies which in the exercise of Seller's reasonable judgment might tend to diminish 11 ~ 035~:'~'~ 523' . ~(~ or curtail the full flo%~ of traffic by the Subject Property and access thereto. H. To the best of Seller's knowledge, there is no threatened or pending %itigation with regard to the Subject Property. I. To the best of Seller's knowledge, the P.U.D. :.~aster Plan and zoning for Briar~vood P.U.D. has been approved by all appropriate governmental authorities, is in full force and effect and has not been amended, modified or changed, and there have been no violations of the P.U.D. J. At the time of Closing there will be no outstanding contracts made by Seller for any improvements to the Subject Property which have not been fully paid, except as otherwise specified herein, and Seller shall cause to be discharged all mechanic's or materialmen's liens arising from any labor or materials furnished to the Subject Property prior to the time of Closing, and there shall be no leases or other occupancy agreements affecting the real property which will survive closing hereof. L. To the best of Seller's knowledge, Seller is in compliance with all rules, regulations, ordinances and laws of all governmental authorities having jurisdiction over the Subject Property. 11. CLOSING COSTS. Seller and Purchaser agree to the Closing costs and recording expenses as follows: A. Seller agrees to pay: (1) Cost of furnishing a complete abstract to date as specified in Paragraph 7.A. of this'Agreement. (2) Preparation of Warranty Deed. (3) Special taxes or assessments for which a bill has been rendered prior to Closing of this Agreement. Seller represents that it will not take or cause to be taken any action to delay until after Closing the assessment of any special tax or assessment. (4) Ail state documentary stamps to be affixed to the Warranty Deed. Purchaser agrees to pay: (1) Ail recording fees for the Warranty Deed. (2) Special taxes or assessments for which no bill has been rendered prior to Closing of this Agreement. Purchaser represents that it will not take or cause to be taken any action to delay Closing until after the rendering of any bill for special taxes or assessments. (3) Ail costs associated with the Promissory Note and Purchase Money Mortgage described in Paragraph 5.A.(1) hereof, and being more specifically described as intangible tax, documentary stamps and recording charges. C. Selle'c and Purchaser agree to prorate at Closing current year real estate taxes. 12. CONVEYANCES. Conveyance shall be by Warranty Deed at Closing and shall convey good and marketable title. 12 524 13. 0PT~O:! TO pURCHASE ADDITIO~A~ LA~:D$. A. Seller hereby grants Purchaser an option to purchase that certain real property located in Collier County, Florida, herein described as Option Parcels 1 through 3 and more particularly described in Exhibits "4" through "6", respectively, attached hereto and made a part hereof. Such purchase shall be on the terms and conditions stated in this Paragraph 13, and all other terms and provisions of this Agreement not inconsistent with the said terms and provisions of this Paragraph 13. B. This Option is effective immediately and will expire twelve (12) months from and after the Date of Closing of the Purchase of the Subject Property, unless sooner exercised. Purchaser may extend this option within said twelve (12) month period by paying to Seller a sum equal to ten percent (10t) of the purchase price, as hereinafter described, of the remaining Option Parcels. Such payment shall be non-refundable, but shall apply toward the purchase price of Option Parcel One at such time as Purchaser exercises the option to purchase, and in fact closes the purchase of, Opticn Parcel One. If such payment is made, Purchaser's option to purchase Option Parcel One shall be extended to a date eighteen (18) months from and after the Closing of the purchase of. the Subject Property, Purchaser's option to purchase Option Parcel Two shall be extended to a date thirty (30) months from and after the Date of Closing of the purchase of the Subject Property, and Purchaser's option to purchase the Option Parcel Three shall be extended to a date forty-two (42) months from and after the Date of Closing of purchase of the Subject Property. C. Purchaser's right to exercise the option to purchase Option Parcel Two is expressly conditioned upon Purchaser first having exercised the option to purchase Option Parcel One and having closed on the purchase thereof. Purchaser's right to exercise the option to purchase Option Parcel Three is expressly conditioned upon Purchaser having exercised the option to purchase option Parcels One and Two, and closed on the purchase of said option Parcels. If Purchaser fails to timely exercise any option and close upon the purchase thereof, the right to any and all remaining unexercised options shall lapse, terminate and become null and void, and Seller shall have no further responsibilities to Purchaser hereunder. D. Consideration for this Option is non-refundable and is deemed to be included in the Purchase Price as elsewhere set forth in this Agreement. In the event Purchaser exercises this Qption, said consideration shall not apply on the purchase price df the lands under this option, but applies instead as part of the Purchase Price for the Lands which are the subject of this Agreement. E. This o~tion agreement shall be binding on and shall inure to the ~enefit' of the parties and their respective heirs, successors, or assigns. The following constitute terms and conditions o~ this Fo option: (1) The Purchase Price upon exercise of the option shall be equal to Twenty Five Thousand Five Hundred and 00/100 ($25,500.00) Dollars per acre. This price shall be increased at the' rate of ten percent (10%) per annum commencing with the Closing Date for the purchase of the Subject% Property and computed through the date of closing of :ha purchase of the respective Option Parcel; (2) The entire Purchase Price of each Option Parcel shall be d6e in cash at closing of title to each such Option Parcel; 13 (3) (5) (6) Upon exercise of an option, Closing shall occur not later than thirty (30) days thereafter; Purchaser may exercise an option only by delivering a written notice thereof, signed by Purchaser, to Seller at least thirty (30) days before the time set for expiration of each such option. Any such notice, if sent by registered mail, shall be considered delivered when deposited in the United States :4ail. Such notice of exercise of option must be accompanied by a legal description and survey of the Option Parcel being purchased, both prepared by a Florida Registered Land Surveyor. The survey must be certified to Seller. The Subject Property and each Option Parcel %¢ill contain a~proximately the same number of acres and approximately the same number of residential units, it being understood that two (2) multi-family units will shall equal one (1) single family units for these purposes. The options must be exercise~ in numerical order; One, Two and Three. G. This option is voidable by Seller upon the breach or default of Purchaser under the term. s and conditions of this Agreement, or under any provisions of this Paragraph which survive the Closing. Further, this option shall be null and void if Closing pursuant to this Agreement does not occur except by reason of Seller's overt act or wilful failure to comply with the terms of this Agreement. H. Purchaser also shall have the option to purchase the following described parcels upon the terms and conditions hereinafter stated: Purchaser can purchase from Seller all of the real property owned by Seller in the Briarwood Development lying south of the southerly boundary line of the Subject Property, EXCEPT FOR THE CO~{MERCIAL PARCEL AND THE MULTI-~)~ F~ILY PARCEL REFLECTED O~ EXHIBIT ~ HEREOF CONSISTING OF THREE AND SEVENTY THREE HUNDREDTHS (3.73) ACRES IN SIZE, as such Hulti-Family Parcel and Commercial Parcel are shown on the Final Site Plan. Such purchase may occur anytime after Purchaser has closed on the purchase of the Subject Property and after the Final Site Plan has been approved by the appropriate governmental authorities, but not later than the timely exercise of the option to purchase Option Parcel Three. The price for such purchase shall be the maximum amount that would be payable by Purchaser to Seller upon the purchase of Option Parcel Three as deterr...ined in this Paragraph 13. However, at such time as Purchaser exercises its option to purchase Option Parcel Three, Purchaser shall receive a credit against the purchase price of said Option Parcel Three in an amount equal to the difference between: (1) what Purchaser would have pai~ for the property described in this Paragraph 13.H.(1) on the date of its actual purchase if the purchase price had been calculated in accordance with 13.F.(1); and, (2) the purchase price actually paid for such property: (2) Purchaser can purchase the three and seventy three hund-edths (3.73) acre !'!ulti-Family Parcel, as shown on Exhiblt "7" hereof, anytime after Purchaser has closed on oration Parcel Two and Final Site Plan approval has been rendered by the appropriate governmental authorities, but not later than the timely exercise of the option to purchase Option Parcel Three. The price for such purchase shall be the maximum amount that would 14 526 be payable by Purchaser ~ Seller upon the purchase of option Parcel Three as determined in this Paragraph 13. However, at such time as Purchaser exercises its option to purchase Option Parcel Three, Purchaser shall receive a credit against tke purchase price of said option Parcel Three in an amount equal to the difference between what Purchaser would have paid for the property described in this Paragraph 13.H. (2) on the date of its actual purchase if the purchase price had been calculated in accordance with 13.F.(1); and, (2) the purchase price actually paid for such property; (3) The rights granted in this Paragraph 13.H. are governed by the provisions of Paragraph 13.G. hereof. 14. REMEDIES. If Purchaser fails to perform, this Agreement within the time specified (including payment of all deposits hereunder), all deposit(s) paid by the Purchaser tcgether ~ith interest earned thereon shall be retained by or for the account of Seller as liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims: %vhercupon · Purchaser and Seller shall be relieved of all obligations under the Agreement. The Seller and Purchaser have agreed that Seller's actual damages in the event of default hy Purchaser would be extremely difficult or impossible to determine. Therefore, by signing this Agreement, the parties acknowledge that all deposit(s) paid by the Purchaser, with interest, is agreed upon, after negotiation, as the parties reasonable estimate of the Seller's liquidated damages in the event of a breach of this agreement by Purchaser. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort .or upon the happening of the events discussed in Paragraph 7.c above (which provisions shall control in event of any conflict with the provisions of this Paragraph 14), Seller fails, neglects or refuses to perform this Agreement, the Purchaser may seek specific performance or elect to receive the return of all Purchaser's deposit(s) with interest thereon and recover from Seller all of Purchaser's engineering.,expenses relating directly to the Subject Property and incurred~prior to the date of such default by Seller. 15. NOTICES. Notice shall be deemed properly given hereunder when made in writing and deposited in the United States certified or registered mail, return receipt requested, with sufficient postage prepaid thereon to carry it to its addressed destination; and the said notices shall be addressed as follows: .. For the Seller: McAlpine (Briarwood), Inc. Suite B 5820 North Federal Highway Boca Raton, Florida 33487 With a copy to: George L. Varnadoe, Esquire Young, van Assenderp, Varnadoe & Benton, P.A. 801 Laurel Oak Drive, suite 300 Naples, Florida 33963 and Roy V. Ramsey 1100 5th Avenue South Suite 201 Naples, Florida 33940 15 For the Purchaser: Republic Development Corporation of Ohio~/~C · Suite Two 3150 Republic Boulevard North Toledo, Ohio 43615 With a copy to: Mr. Jerome N. Smith c/o ReMax/Downing-Frye Realty, Inc. 3411 North Tamiami Trail Naples, Florida 33940 16. REAL ESTATE CO>~ISSION. 'No broker, finder or other agent entitled to a commission was the procuring cause of this Agreement except REb~X/Downing-Frye Realty, Inc. to whom Seller agrees to pay a commission equal to four percent (4%) of the Purchase Price of the Subject Property. Seller also agrees to pay a commission to RE:o~X/Downing-Frye Realty, Inc. equal to four percent (4%) of the Purchase Price for each Option Parcel. Such commission shall be due and payable upon the respective closing of the purchase of the Subject Property and each Option Parcel. No commission will be earned or payable in the event any deposit is forfeited hereunder. Seller will indemnify Purchaser against any claims for commission that may be asserted against Purchaser by, through or under Seller; Purchaser will so indemnify Seller. 17. REPRESE?;TATIONS A:;D ~ARRA~:TIES OF PURCHASER. In order to induce Seller to enter into the transactions provided for in this Agreement, Purchaser hereby warrants and represents to Seller, which warranties and representations shall su~;ive the Closing, that as of the date of the execution of this Agreement: A. Purchaser has full power and-authority to (1) enter into this Agreement and to comply with all the terms and obligations hereof and (2) execute the documents required of Purchaser herein and to otherwise enter into or effect the transactions and other obligations provided for hereunder. B. There has not been filed by or against Purchaser or any corporation, partnership, or other entity with respect to which Purchaser is a principal shareholder, controlling person or general partner, as the case may be, a petition in bankruptcy or insolvency proceedings.or for reorganization, or for the appointment of a receiver or trustee, nor have any of such entities made an assignment for the benefit of creditors or filed a petition for an arrangement or entered into an arrangement with creditors or admitted in writing the inability ~o pay its or their debts as they become due, which petition, proceedings, assignment or arrangement was not dismissed or discontinued within sixty (60) days following the date such petition, proceeding, assignment or arrangement was filed, served or entered on record. C. Purchaser has the financial ability to meet its obligations under this Agreement and Purchaser has no knowledge of any factor which could affect its financial ability during the term of this Agreement. D. Purchaser, at its sole cost and expense, shall obtain the Rezoning of Briarwood. Purchase covenants and agrees to file the application for such Razcning within thirty (30) days from and after the Effnctive Date and to diligently, orderly and continuously purs%~e the processing of the application through all appropriate governmental agencies and authorities. Purchaser further covena,'to and agrees to provide Seller's legal counsel with copies of all applications, correspondence, and other materials concerning the application and procedure for such Rezoning. These covenants constitute further consideration for this Agreement and the violation thereof shall constitute a default hereunder. 16 E. Ail surveys, plans, specifications and reports of examinations, inspections, investigations, soil borings, hydrology, topographical, drainage, environmental, ecological and other tests shall be delivered to, and become, property of Seller, at no cost to Seller, if Purchaser elects not to proceed to Closing according to the te.~m.s and provisions of this Agreement. 18. COMpbIANCE WITH LAWS. The parties hereto agree to comply with all provisions of law affecting or which relate to the transfers contemplated hereunder.. 19. APPLICABLE LAW. This Agreement and all documents executed pursuant to it shall Da construed and enforced in accordance with and governed by the laws of the State of Florida. 20. MISCELLANEOUS PROVISIOHS. A. RISK OF LOSS. In the event that proceedings to condemn the Subject Property or any portion thereof are legally commenced before the Closing Date and such condemnation proceeding, if successful, would materially and adversely affect Purchaser's development of the Subject Property as depicted on the site plan approved by the Seller, Purchaser at any time after commencement of such proceedings, but not later than ten (10) days after receipt of notification thereof from the Seller, may terminate this Agreement, and thereupon the Seller shall return to the Purchaser the 9eposit and neither party hereto shall thereafter have any other claim against the other. B. MAINTENANCE. The Subject Property shall be maintained by Seller to Closing Date in the same condition in which it existed as of the date of this Agreement, ordinary wear and tear excepted. C. ESCROW. Any Escrow Agent receiving funds is authorized and qgrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of this Agreement. Failure of clearance of funds shall not excuse performance by the Purchaser. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may in his sole discretion continue to hold 'the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Collier County, having jurisdiction of the dispute, and upon notifying, all ~arties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. If a licensed real estate broker, the Escrow Agent will comply with provisions of Chapter 475, Florida Statutes, as amended. In the event of any suit between Purchaser' and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder or in the event of any suit wherein Escrcw Agent interpleads the gubject matter of this escrow, the Escrow Agent shall be entitled to recover reasonable attorney fees and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever for misdeli';ery to Purchaser or Seller of monies subject to the escrow, unless such misdelivery sh~13, be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. D. ATTORNEY FEES AMD COSTS. In connection with any litigation including appellate proceedings arising out of this Agreement the prevailing party shall be entitled to recover reasonable attorney fees and costs. 17 529 E. co?:TBACT t;OT ?~CORDABLE. PERSONS ~OU~:~ AND Neither this Agreement nor any notice thereof shall be recorded in any public records. However, subsequent to the Closing of the transaction contemplated hereby, Purchaser may record in the Public Records of Collier County, Florida, a memorandum of the option contained in Paragraph 16 hereof: provided, however, that prior thereto Purchoser will provide Seller with a duly executed Quitclaim Deed in proper form quitclaiming any interest which Purchaser may have in and to the properties covered by such option, and Seller will record same upon the expiration of the period provided for the exercise of such option. In the event the option is exercised and Purchaser closes on the purchase of the option property, Seller will deliver such Quitclaim Deed to Purchaser at the Closing thereof. This Agreement shall bind and inure to the benefit of the parties hereto and their successors in interest, heirs and assigns. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or.to said party. F. CAPTIONS. Captions of the paragraphs and subparagraphs of this Agreement are for the convenience of reference only, are not to be considered a part hereof and shall not limit nor otherwise affect any of the terms hereof. G. A~.!ENDME~iTS. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termin~ation is sought. H. ASSiGNME~;T. This Agreement may not be assigned by the Purchaser without the written consent of the Seller, and in the event of any such assignment by Purchaser without said written consent of Seller, Seller shall be under no obligation to complete the transaction or any portion thereof with said assignee, but in fact may treat such action by Purchaser as a breach of this Agreement. Seller agrees to consent to the assignment of this Agreement by Purchaser to an entity in which Purchaser owns fifty- one percent (51%) or more of the stock, beneficial interests or other indices of ownership thereof. I. T~DEMNIFICATION. Indemnify means that the indemnitor will defend, indemnify and hold the indemnitee harmless against any claims, demands, losses, or liabilities asserted against, or incurred by, the indemnitee to any third party because 'of the subject matter of the indemnity. The scope of any indemnity includes any costs and expenses, including reasonable attorney. fees, incurred in defending any indemnified claim, cr in enforcing the indemnity or both. J. SURVIVAL. Ail terms, conditions, covenants, representations and agreements contained in this Agreement intended to survive the real estate Closing hereunder shall survive the Closing and be binding on Seller and Purchaser and any subsequent Purchaser of the Subject Property. K. VE~E. Purchaser waives any and all privileges and rights which he may have under Chapter 47, Florida Statutes, relating to venue, as it now exists or may hereafter ke amended, and any other statute or administrative provision: and, further Purchaser agrees that any legal action brought on this Agreement may be brought in the appropriate court in Collier County, Florida. L. ~O LYEMS. Neither Seller nor Purchaser shall place or allow to be placed on the Subject Property any lien prior to Closing. 18 :.~. N_AI_~. The waiver of one or more defaults by any party to this Agreement shall not be deemed a waiver of any subsequent default of that provision of the Agreement, or a default under any uther provision of this Agreement. N. ~TIRE AGREE:.~ENT. This Agreement and the instruments referred to herein embody the entire agreement and understanding between the parties hereto relating to the subject matter hereof. O. COUNTERPARTS. This Agreement may be executed simultaneously in three or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. P. T!:.!E. The parties acknowledge that time is of the essence for each time and date specifically set forth in this Agreement. 24. ACCEPTAI~CE. Purchaser must sign and deliver this Agreement to Seller, and pay the Initial Deposit to Escrow Agent, all on or before Friday, July 22, 1988 at 5:00 P.~4. IN ~gIT:;ESS ~gHEREOF, the parties have duly executed this Agreement for Sale and Purchase of Real Property the day and year first above written. Signed, sealed and delivered in the presence of: SELLER: McALPINE (BRIARD;OOD), INC., a Flo~a corporati~ ].9 REPUBLIC ~E~LOPMENT CORPO]~ATIO~ OF OHIO, a Florida corporation 19 mm EXHIBIT "2" NW 1/4 of SW 1/4, .Section 31, Township 49S, Range 26E, Collier County, Florida. Purchaser and Seller may mutually agree to modify this legal description after a review by both parties of the proposed Final Site Plan in a form and content acceptable to both parties. EXHIBIT "3" Part of SW 1/4 of SW 1/4 plus Part of SE i/4 of SW 1/4, Section 31, Township 49S, Range 26E, Collier Count,:', Florida. Purchaser and Seller may mutually agree to modify this legal description after a review of both parties of tke proposed F~nal Site Plan in a form and content acceptable to both parties. EXHIBIT "4" SW 1/4 of NW 1/4, Section 31, Township 49S, Range 26E, Collier County, Florida. Purchaser and Seller may mutually agree to modify this legal description after a review by both parties of the proposed Final Site Plan in a form and content acceptable to both parties. EXHIBIT "5" SE 1/4 of MW 1/4, Section 31, Township 49S, RanGe 26E, Collier County, Florida. Purchaser and Seller may mutually aqree to modify this legal description after a review by both parties of the proposed Final Site Plan in a form and content acceptable to both parties. EXHIBIT "6" NW 1/4 of NW 1/4, Section 31, Township 49S, Range 26E, Collier County, Florida. Purchaser and Seller may mutually agree to modify this legal description after a review by both parties to the proposed Final Site Plan in a form and content acceptable to both parties. 538 .qXHIDIT "7" 539 (ST,QUlOI¥ lrOl/,l--$i(TlO~ 61! 02 F.$.} .ho,, .o,, omc. od~,.,, ,, 5820 North Fuderal High~ay, Boca Raton, Florida 33~31 el ,~, C~-~r ,,I Palm 8each . S,o,, al Florida . gronlee%:. .......................... TEN AND NO/lO0 ($10.00) .................................. Doll,,~. All that property set forth in Exhibit A Suoject to Collier County PUD Ordinance Ro. 70-22. Subject to Florid~ Power and Light Easement recorded at OR BOOK Lgu, Public Records of Collier County, Florida. Subject to a~ valorem taxes for 1986 and subsequent years. page 871, &;.J ~;,J v .... t., J... I .... L, /.ll~ .......t ~1.. I;11. h. ,v;d Iv,,./, v,,d .,;11 d.l.,,d ,1~ ~,,,. uvul,,.,' ,h. h-lvl ~hl,n~ ul S,e,,u. ,,.~,u ..u ~,~ .... ,, .~ o., ~,,,,~ce. BRIARWOOD, A FLORIDA GENERAL P~TNERSH~P BY: COAST COMmUnITIES CORPORATION, A Florida ~rpgrati~n, a - ..... ~ n.r n-r ., ~ ......... t ...... (Se:l) Full Authority To Bind The Partnership '~Tilla~. ~i~gs, Pre~ent of Coast'O~unities Corporation · 6ene'ral yarsner of BriarwOod A Florida General Partnership ST~z( o~ FLORIDA coolly OF COLLIER I HERESY CERtiFY Ihot On t~,$ do'/ before me. on o,,cet du,Y avoid.ed la lake acknowledgmenlt., pmr~onall), appeared William T, Hi~gs, Pres~,Jcht al~ Coast COr~munitle$ Corporation, A Florida Corporation, A General Partner ~4ith F,:~l Authority To 8end BRIARWOOD, WIIN[)) m~ bono and olhc.at leal ,n Ihe County and 51Ole loll ulO~elOmd fh,) day od WILSON, MILLER, BARTON, SOLL& PEEK, INC. ~ROFESSIONAL ENGINEERS. PLANNERS AND LAND SURVEYCRS Description of parc of the west 1/2 of. Section 31, Township 49 , South, Range 26 ~.a=t, Collier County, Florida (Release Parcel 3a) (Lots 167-191, ~ota 253-266, e:ld Lots 339-395 and other lands) All that pare of the west 1/2 of the northwest 1/4 of Section 31, Township 49 South, Range 26 £a~%, Collier County, Florida and more particularly described as followsz Commencing a% the southwest corner of Section 31, Township 49 South, Range 26 East, Collier county, Florida; thence along the wes~ line of Section 31, North 0'-!8'-08" 50.05 feet; thence ~eav~ng said ~est line ~ amid Section 31 along ~ha~ lino which lies 50 feet northerly o~ Cas measured a~ ~lght angles to) and parallel with the south line o~ said Section 31, Nort~ 87'-47'-50' ~aat 1468.7~ feet; thence leavin~ said parallel line, northeasterly 38.25 fe~t along the arc of a circular curve concave to the northwest, having radius o~ 25.00 feet, subtended Dy a chord which bear~ North 43'-58'-06" East 34.63 feet; '. %hence North 0'-08'-21" East ~78.62 feet; thence northwesterly 260.66 feet along the arc of a circular curve concave to the southwest, having a radius of 435.00 feet by a chord which bears North 17'-01'-39" west 256.78 fee:; thence North 34'-11'-39' West 136.70 feet; thence northerly 415.55 feet along the arc of a circular curve concave to the east, having a radius of 692.69 feet, sub~ended by a c~ord w~ich bears North 17'-00'-29" Wes~ 409.35 feet; thence North 0'-10'-41" East 1309.12 feet! thence northwesterly, 490.40 feec along the arc of a circular curve concave to the southwest, having a radius of 400.00 feet, subtended Dy a chord ~nic~ Dears North 34'-56'-39' Wea~ 460.26 thence North 70'-04'-00" West 650.00 fee~ to the POINT OF BEGINNING of Release Parcel 3a herein described; thence North 70'-.04'-00" West [56.79 chance northwesterly, 277.59 fee~ along the arc of a circular curve ccncvae to the northeast, having a radius of 227.04 fee~, subtended by a chord which bears North 35'-02'-24" Wes~ 260.62 feet to a point on %hat line which lies 40.00 feet eaS~ Of (as measured at right angles to) and parallel wi~h th. west 6aid Sec:ion 31; thence parallel ~ith the west line o= said Sec:ion 3l, North 0--00'-48' wes% 635.80 feet; thence northeasterly, ~00.52 feet along the arc of a circular curve concave to the southeast, having a radius of 2~9.73 fee~, subtended by a chord which bears North 20"-3~'-21' East feet; %hence South B9'-59'-12" West 108.85 f.eet to a point on wes% line of said Section thence along the w.st line of said Section 31, North 0'-00'-48" Wes% 194,0~ feet to a ~oint on ~he sou%n line o~ tha~ easement right-el-way grant to Florida Power and Light Company as recorded In Official Record Book 190, pages 871 and 872, Collier County Public Records, Collier County, Florida; thence alcn~ the south line of said easement right-of-way grant, N=rth 89'-39'-05' east 115.00 feet; thence North 0'-00'-48' West 110.00 feet to a point on %he north line of said easement right-of-way grant; (continued on pcge 2) ,oo 541 Exhibit A - page 1 WILSON, MILLER, BARTON, SeLL & PEEK, INC. PROFESSION^L [NGIN[[RS. PL^NNF. F.S ;~ND LAND SURYEYCFL5 (con.t£nued from page Chance along the north line o£ said easement right-of-way grant, 5ouch 89'-39'-05' west 115.00 feet to a pain% on the west line o~ said Section 31; thence along the west line o£ said Section 31, North 0%-00'-48· Wes% 620.01 feet to the northwest corner of said Section 31; thence along the north line of said Section 31, North 89'-39'-05' East 1313.01 feet; thence along tho east line of the northwest 1/4 of the northwest 1/4 of said Section 31, South 0'-01'-07" West 620.01 feet to the north line of sHid easem, nt right-of-way grant; thence along the north line of said easement right-of-way grant, South 89'-39'-05" Nest 115.00 feet; thence South 0'-01'-07" West 110.00 feet to the south line of said casement right-of-way grant; thence along the south line of said easement right-of-way grant South 89'-39'-0~' West 60.00 feet; , thence North 0"-01'-07" East 110.00 feet to the north line of said easement right-of-way grant; thence along the north line of said easement right-of-way ~rant, South 89°-39'-05" wes~ 100.00 feet; thence North 0'-01'-07" East Z41.76 feet; thence northwesterly, 168.62 feet along the arc of a circular curve concave to the southwest, having a radius of 106.91 feet, subtended by a chord which bears North 45'-09'-54" West 151.68 feet; thence South 89'-39'-05" West 545.89 feet; thence southwesterly, 172.14 feet alon~ the arc of a circular curve concave %o the southeast, having a radius of Il0.00 feet, subtended by a chord which bears South 44'-49'-08.$" West 155.11 fee~; thence South 0'-00'-48' East 180.00 feet; thence Sout~ 89'-59'-12" West [00.00 fee=; thence South 0°-00'-48" East 130.59 foe~ to a ~oint on south line of said easement right-of-way grant; thence along the south line of said easement righ%-~E-way grant, North 89"-39'-05" East 68~.53 feet; thence South 0'-20'-55' East 100.00 feet; %hence North 89°-39'-95" East 60.00 feet; thence South 0"-20'-55" ~ast 60.00 feet; %hence South 89"-39'-05" West 60.00 thence South 0"-20'-55" East 100.00 feet; %hence South 89"-39'-05" West 540.00 feet; thence southwesterly, 187.37 feet along ~he arc of a circular curve concave to the southeast, having a radius oJ 119.73 subtended by a chord which bears South 44'-49'-08.5" Wes~ 168.83 feet; ~hence South 0'-00'-4B' East 635.80 feet; thence South 17'-11'-29" East 62.80 fee%l thence South 89"-59'-12" West 100,00 ~hence southeasterly, 66.24 feet along the arc of a non-tangential circular curve concave to the northeast, having a radius of 106.32 feet, subtended by a chord which bears Sou~ 52'-13'-05" ~a$~ 65.17 feet; {continued on ~age 3) WILSON, hIILLER0 BARTON, SOLL & PEEK. INC. PP. OFE5$1ONAL £NGINEE;~&, PLANN~.R5 AND LAND 5URVEYOP.5 Release Parcel 3a (con~.lnue~ .~¢om page thence tangentially =o said curve, South 70'-04'-00= East 213.87 feet; thence Suut~ !9'-56'-00" West 100.0O feet to the Poin{.of Beginning; being a p~r~ o~ the west 1/2 of the northwest 1/4 of Section 31, TOwnship 49 South, Range 26 East, Collier County, Florida~ subject to easements and restrictions of rocord~ containing 21.66 acres more or less! the bearings useO herein are based on the west line of the northwest 1/4 Of sai~ Sec=ion 31 bearing North 0=-00'-48= West an~ are true. Not valid unless embossed with the ~rofeasional's seal. WILSON~ MILLER, I~ARTON, SOLL ~ PEEK, INC. Reg. Engineers and Land Surveyors ¢,rl H. $O11, ~.L.S. tl Re~:: 24979 5C-35B (CHS~kjd parcel-3a) [xhibJt A - p~ge 3 WILSON, MILLER, BARTON, Sell & PEEK. INC, F~.0FESClONAL ENGINEERS, P~..AI';NEkS AN{) L.^N0 S'JRVEYORS Descr~pc[on of part al :he southeast 1/4 o~ the northwest o~ Section 31, Township 49 South, Range 26 Call[st County, Florida (Release Parcel (Lots 125 - 146 and other lands) CoMmencing aC the southwest corner of tho southeast 1/4 of the northwest 1/4 of Section 31, Township 49 South, Range 26 East, Collier County, Florida; thence along the west line of the southeast 1/4 of the northwest 1/4 of said Sect:on 31, North 0'-10'-41" East 84.99 feet; thence North 19'-15'-54" West 101.22 feet; thence northwesterly, 244.44 feet along the arc of a non-tangential circular curve concave to the southwest, having a radius of 500.00 feet.~ subtended by a chord which bears North 34*-58'-53" West 242.01 feet.; ther.'e northwesterly and northeasterly, 36,65 feet along the arc of a reverse circular curve concave to the east, having A radius of 25.~0 ~eec, subtended b~ a chord which baare Horth 6°-59~-36' West 3~,45 ~eet~ thence northeasterly, 36.97 feet along the arc of ~ cir,,let curve concave to the southeast, having a radius of 310.00 feet, subtended by a chord which bears North 3Be-25'-00" East 36.[15 feet; thence South 48'-10'-00" East 100.00 feet! thence North 61'-48'-06" East 149.84 feet; thence North 75'-00'-00" East 180.00 feet to the POINT OF BEGINNING of the Release Parcel 3b herein described; thence North 15'-00'-00" West 100.00 fast; thence North 60'-00'-00" West 84.85 feet; thence North 15'-00'-00' West 100.00 feet; thence North 75'-00'-00" East 576.00 feat; thence southeasterly, southerly, and southwesterly, 546.54 feet along the arc of a circular curve concave to the west, having a radius of 150.00 feet, subtended by a chord which bears South 0'-37'-07" East 290.60 feet; thence westerly, 87.45 feet along the arc of a reverse circular curve concave to the south, having a radius of 174.20 feet, subtended by a chord which bears South 89~-~2'-53" West 86.53 feet: " thence South 75'-00'-00" West 360.00 feet to the Point of Geginning; being a part of the southeast 1/4 of the northwest 1/4 of Section 31, Township 49 South, Range ~6 East, Collier County, Florida; subject to easements and restrictions of record; containing 4.14 acres more or less; the bearings used herein are based on the west line of the north~es 1/4 of said Section 31 bearing North 0'-00'-48" west and are.true. Not valid unless embossed with the Professional's seal. WILSON~ MILL5K, BAr{TON, SeLL & PEEK, INC. Engineers and Land Surveyors DATE afl 'Hi ~a.~, P.L.S. ~1962 W.O. 24979 Be~: 5C-35B (OHS:kid parcel-3b) £xhtbtt. A - page 4 '00~ I]35~'~'~ I I EXHIBIT '~' A.2 / A-2 LAND USE SUMMARY PUD AD2 PUD MASTER PLAN ~ EXHIBIT 035~:,:, 545 DEVELOPMENT YEAR 2 3 4 11 EXHIBIT "GF" BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE Sheet 1 of 7 25 25 25 25 25 DWELLING UNITS SF MF 100 ~0o DWELLING UNITS INCREASE/YEAR CUMULATIVE · 5 151 Aq~ 151 ~Q ~48 ~ ~99 ~Q !51 !15 450 ~ 15o z~5 600 -~ 2~5 · ~ 2~5 ~ 215 ~ 3~5 ~ ~5 ~ ~50 25 500 550 575 ~00 DEVELOPMENT YEAR 1 2 3 4 EXHIBIT BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE Sheet 2 of 7 DWELLING UNITS INCREASED/YEAR ~ 148 50 151 ~o ~5Q POPULATION (Based on 3 people/unit) CUMULATIVE INCREASE/YEAR CUMULATIVE 6~ ~99 !50 44~ ~ 897 115 ~5Q ~ 453 3~5 1350 z~5 ~00 ~50 45~, ~ 1800 215 ~50 255 150 215 150 3~5 150 ~!5 150 ~50 105 1350 475 ~ !{25 5OO ~ 1500 525 ~ 1575 ESO ~ 575 ~ 1725 5OO ~ 1800 547 DEVELOPMENT YEAR EXHIBIT BRIARWOOD ANTICIPATED DEVELOPMENT POPULATION (Based on 3 people/unit) SCHEDULE Sheet 3 of 7 INCREASE/YEAR CUMULATIVE 4~ 453 4~ 453 159 444 ~-~ 897 !50 45~ 3~5 ~350 150 450 4~A~ 1800 150 5~5 150 ~u~ 150 ~ 150 ~ 150 !2~5 195 ~ $4; !~25 ~ 1500 ~ !575 ~ !550 ~ ~725 CO~ERCIAL CLUB HOUSE POTABLE WATER (Based on 150 gal/person/day) INCREASE/YEAR CU~JLATIVE ~ 67950 5750 67950 22500 66600 ~ 134550 22500 67950 51750 202500 22500 67500 7~250 270000 22500 ~ 22590 ~ 22500 I~!750 22500 ~ 225GQ !95750 15750 ~2500 11250 213750 .. 11250 22504~Q 11259 gg~ 11250 ~4-7~ 11250 ~-7~ 11250 ~ 83,500 353,500 5,000 ~ EXHIBIT "GE" BRIARWOOD ~TICIPATED DEVELOPMENT SCHEDULE Sheet 4 of 7 DEVELOPMENT YE~ POPULATION (Based on 3 people/unit) SEWAGE (Based on 100 gal/person/day) 1 2 3 4 ~-~ 14 15 COMMERCIAL INCREASE/YEAR CbMULATIVE 44~ 453 4-5 453 150 444 ~ 897 15o 453 :45 ~350 !~o 4~0 ~ ~80o 150 150 150 150 1245 U4~ 1425 ~ 1500 ~ 1575 ~ !~50 ~ 1725 75 !S00 75 COLF CLUB HOUSE INCREASE/YEAR CUMULATIVE 4500 45300 4500 45300 15000 44400 ~ 89700 15000 45300 ~%500 ~$500Q 15000 45000 ~ 180000 15000 5~500 15000 3.-~F~QQ 15009 94-~4)~ 15000 ~ 15000 124500 !0504; 125000 7500 142500 7500 ~5OOOg 7500 ~57500 7500 ~SOO0 7500 172500 7500 -AS~OOO 75150 255150 2750 ~ ,oo : 035,,".: 5,]9 DEVELOPMENT YEAR 1 2 3 4 ~-~ 13 EXHIBIT "GF" BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE Sheet 5 of 7 POPULATION (Based on 3 people/unit) INCREASE/YEAR CUMULATIVE 46 453 45 .4.53 ~-50 444 ~9~ 897 150 4~3 0~.5 7350 1~0 450 ~ ~800 150 ~5 150 !50 150 ~ !~25 ~ !500 ~ !575 ~ ~50 75 1725 75 !~00 SOLID WASTE (Based on 9 gal/person/day) INCREASE/YEAR CUMULATIVE 405 4077 405 ~077 1250 3966 1755 8073 1250 ~077 ~!05 ~ ~-~Q 4050 ~55 16200 1250 5~05 1250 7155 1350 ~ 1250 ~ 1250 11205 94~3 12150 ~75 !2S25 ~75 12500 ~75 !~!75 ~75 ~ !5200 DEVELOPMENT YEAR 1 2 3 4 ~O ~-~ 12 EXHIBIT BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE Sheet 6 of 7 DWELLING UNITS SCHOOL POPULATION (Based on 0.89 pupil/ dwelling/unit) INCREASE/YEAR CUMULATIVE INCREASE/YEAR CUMULATIVE 15! C~O .1,48 ~O 151 150 50 25 -~5 15 151 13.25 234.39 13.35 134.39 6~ 299 ~.50 131.72 ~ ~66.44 115 450 ~.50 ~34.~9 ~02.25 400.50 ~5 600 ~.50 133.50 !~.S5 ~34.00 215 ~{.50 -1-9~ 295 44.50 235.~5 315 ~4.50 2~0.35 295 44.50 32~.~5 415 4~.50 450 ~!.15 ~09.50 ~75 22.25 ~OO 22.25 ~25 22.25 457.25 550 .'~.25 ~E9.50 ~75 22.25 (3!!.75 ~00 22.25 52~.00 -" O3'5 DEVE LO PME NT YEAR 1 2 3 4 $ ~4 EXHIBIT "GF" BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE Sheet 7 of 7 DWELLING UNITS TRAFFIC * (Based on ~ 6.595 trips/day for MF) (7.3 10.062 trips/day for SF) (47.5 74.310 trips/1000 GFA for Comm.) INCREASE/YEAR CUMULATIVE INCREASE/YEAR SF MF SF MF COMM. ~00 51 15% ~006 336. 9 1342 15 4~ !IQ i19 9! 51 29.,,9 976 336 9 5654 25 ~ 64~ ~83 225 47~ 100 51 450 1006 336 9 3996 25 ~-~ 115 ~S3 225 ~75 !~?~ 98 52 600 p86 342 ~9~7 ~424~ ~5 ~-5 215 ~ 225 475 ~ 25 ~5 183 ~25 475 ~ ~ 450 ~ ~ ~75 ~ 475 IS3 475 ~ 590 !8~ ~ 525 ~ ~ 550 ~ ~ ~00 ~ SOURCE: ITE - TRIP GENERATION - 4th ADDITION 8-13 ,o~ 035~,~.: 553' AFFIDA~tIT I, P~Y W' Ramse¥, Pres~ent betnq first duly sworn, McAlpine (Briarwood), Inc. depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this aDolication, are honest and true to the best of my knowledqe and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regardina this Petition. Owner(.:~ % .SW~R~ TO AND SURSCRIBFD before me this ~ day of , SUSAN A. VA.NAOOE I State of Floddl My Corem [xp, Mat 14. 1991 Notary Public My Commission Expires: $1. J.eAN A. V4R~,=ADOE / ] Applicant - REPUBLIC DEVELOPMENT CORPORATION OF OHIO By: Wi 1 1 i_~m Mitchell Its: SW. QRNTO. AND SUBSCRIBED before me this ~ day of ' State of Flor,d,a ~10 t'&~y Public My~m bp. Mar ]4.,l~1 Hy Commission Expires: Aoent' reseneaffiv~- _oun~ ~,an Assenderp, Varnadoe & Benton, P. A. SWORN TO AND S~,BSCRIBED before me this ~ day of ' " Notary Public 5'y Commission Expires: STATE OF FLORIDA ) COUNTY CF COLLIER ) I, J~.IES C. GILES, Clerk of Courts in and for the Twentle~h Judicial Circuit, Collier County, Florida, do hereby cern!fy that the foregoing is a true copy of: Ordinance No. 89-36 which was adopted by the Board of.County Commissioners on the 13th day of June, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of June, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of.' · County Commissioners ' - ' . By: /s/Louise Chesonls '.. 2.' Deputy Clerk ".