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Resolution 1983-199RESOLUTION N0, 83- 199 ' RESOLUTION APPROVING AGREEMENT WITH AVATAR PROPERTIES, INC, PROVIDING FOR THE TRANSFER F OF APPROXIMATELY 1100 ACRES OF LAND TO COLLIER n COUNTY AND AUTHORIZING THE CHAIRMAN OF THE BOARD —Illy; TO TO EXECUTE THE AGREEMENT,ON BEHALF OF COLLIER 'COUNTY NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Agreement with, "t Avatar Properties, Inc., f /k /a GAC Properties, Inc. is hereby approved in substantially the Dorm attached hereto and incorporated herein by reference) and the Chairman of the Board Of County Commissioners is authorized to execute same on behalf of the Board of County Commissioners. This Resolution adopted after motion, second and roll call vote as follows: Commissioner Kruse Commissioner Holland Commissioner Pistor Commissioner Voss Commissioner Broom `�pAb sb �tnber 15 1983 ,ATTEST s. ''WILLIAM )T: wtEAGAN, Clerk � _ _ .' ��4t,1.�.. ---� "ice✓ r, 400 Z-0.— 14,40n4Y4d'as to form and lega_l.-flufficiency: curt L. saunaers Collier County Attorney Nbtioned and aye Seconded and aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y t _— 1t ' Tai, 00842677 1983 tu3 t;o� 18 1,N s 22 .u. COLLIER COUNTY RECORDED ry.�p 100K U 1 v `'A 16M AGREIIKW ' THIS AGRM&"W made and entered into this 15th day of November, 1983, between AVATAR PROPERTIES INC., f/k/a/ GAC PROPERTIES INC., a pj Florida corporation, hereinafter referred to as " " Y rand COLLIER cart COUNTY, a political subdivision of the State of Florida, hereinafter referred to as. "County", acting by and through its Board of County Commissioners. WITNESSETlit .._._..... ;r. WHEREAS, the Company entered into a Consent Order with the Federal Trade Commission dated July 23, 1974, which in Section III, Paragraph E, provided for Cortpany to donate 1,100 acres of land to C County, in the subdivision known as "Golden Gate Estates ", to be used C to provide facilities for such things as recreation, utility and �.C. Ct eamui ty service for the existing and future residents and visitors of iC'J Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates ", as provided herein; and WMREAS, the aforesaid Consent Order was amended by Company and j the Federal Trade Commission in a Modifying Order issued on April 17, 1979 and the Modifying Order no longer required the Company to deed to County the 1,100 acres in Golden Gate Estates; and WHEREAS, the County has acknowledged receipt of previously deeded land from the Company thereby reducing the amount of acres to be conveyed by Company to 1,061.5; and WHEREAS, the Cart>pany and the County desire by mutual consent to recognize that the donation of said 1,061.5 acres by the Company to the County remains an essential need to enable the County to meet the present and future public needs of the Golden Gate Estates area; and WHMMAS, the County has determined that the purposes and intent of that certain Agreement dated October 4, 1977 have been substantially satisfied by various actions of the Company, including, but not limited to exchanges of purchasers to other areas, refunds to purchasers, and expenditure and tendering to the County of funds fci canal maintenance r and water retention facilities; THEREFORE, in consideration of the aforesaid premises, it is mutually convenanted and agreed between the Ompany and the County as follows: �m 1. The Canpany hereby reaffirms that it will donate by special warranty deed 1,061.5 acres of property in Golden Gate Estates to the ��m< x,a r County. Golden Gate Estates is made up of the property shown in *Exhibit "A" attached hereto and incorporated by reference herein. 2. The Company and the County mutually agree that the following described lands will be conveyed in accord with the following schedules a) On or before December 1, 1983,, the Company will convey to the Couqty the lands listed in Exhibit "B ". encompassing appraxi- mately two hundred ten (210) acres. These lands are within the area narked I m shown in red as set forth in Exhibit "C- hereto which rei naarprated herein y feren' c".h e '. : = 4 t 1 ✓xw TAB h..MS+eM i c; OLI,t`n3J Q.: peen DYiG' /�l� FAt/ 14,h F13et 0G' 1 OSi-am 000491 ' ):der 15, �83 OR BOOB PAGE b) On or before December 31, 1983, the Company will convey to the County approximately two hundred twelve (212) acres within the area marked II as shown in blue as set forth in Exhibit "C ". c) On or before December 31, 1984, the Carpany will convey to the County approximately two hundred ten (210) acres within the area marked III as shown in brown as set forth in Exhibit "C ". d) On or before December 31, 1985, the Company will convey to the County approximately two hundred fifteen (215) acres within the area marked N as shown in green as set forth in Exhibit "C ". e) On or before December 31, 1986, the Company will convey to the County approximately two hundred fourteen and five tenths (214.5) acres within the area marked V as shown in yellow as set forth in Exhibit "C". 3. The Company and County will meet in October of each calendar year referenced in Paragraph 2 so as to mutually establish and agree upon the property to be deeded fran Company's inventory to the County ,for that particular year. In the event that the Company and County are unable to do agree then the Company and the County shall agree upon a mutually acceptable independent arbitrator to settle the dispute as to property to be donated to the County by the Company for that particular year. In the event that the Company and the County are unable to agree as to a mutually accep` -.ble independent arbitrator, then the Company and the County agree to abide by arbitration purusant to the American Arbitration Association Rules to resolve all disputes in reference to what properties shall be donated to the County by the Company. 4. The Company hereby agrees, at its expense, to deliver to County thirty (30) days before any conveyance a Title Insurance Crnmitment showing title to be good and insurable subject to building and zoning laws, restrictions, reservations, limitations, easements of record, taxes for the balance of the year following the date of conveyance and subsequent years. If the county has any title objt,cLions, they must be delivered in writing to Canpany within forty - five (45) days from County's receipt of the said Commitment. In the event that the title shall no; be found to be good and insurable, Company, at Company's option, may cure such defects and shall have sixty (60) days in which to do so, which additional time will extend the conveyance date herein provided. If after reasonable diligence on Ccmpany's part, said title shall not be made good and insurable within the time provided, the Company shall have the obligation hereunder to substitute other inventory land in Golden Gate Estates of a similar nature and acreage. The Company and the County will mutually establish and agree upon the property to be substituted in accordance with the above. 5. The lands deeded to the County pursuant to this Agreement shall bb used only to provide governmental facilities for existing and future tesidents of Collier County, with all capital iLmprove ants to be physically located within the geographical boundary of the area known as "Golden Gate Estates" and any proceeds from the sale of dedicated lands as provided herein shall be utilized for capital projects, ale Ron( 07R�v, PI a I V L I U.# ._. U U U 4 V 3 .. 100K � U78 a416 CIR BOOT( PAGE u, 1983 provided herein, to be located within the area known as "Golden Gate Estates ". The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libra- ries and recreational facilities and equipment necessary for the oper- ation thereof. Neither the property donated nor the proceeds from the sale of any dedicated property shall be used for the purposes of ac- quisition, construction or maintenance of roads and bridges, or similar projects. If it is determined by a court of competent jurisdiction that the County has allowed the lands or any part thereof to be used for any purpose other than the aforesaid, the ownership and title thereto shall revert to the Company. The conveyances provided for herein shall be made by the Company to the County regardless of whether a present or immediate need exists for such acreage in the year of conveyance. The parties hereto recognize that the progress of developnent in Golden Gate Estates, and hence the need for facilities, is not dependant upon the conveyance schedule contained herein. The Company shall have the right to reserve any and all gas, oil and mineral rights for the lands to be donated hereunder, along with the right of reasonable ingress and egress. In the event that the explor- ation for or exploitation of any gas, oil or minerals on subject lands results in damage thereto or results in a diminishing in value of the subject property, the Company agrees to indemnify fully the County for such damage or diminishing in value. 6. The County agrees to establish a special trust fund for any and all revenues received by virtue of the sale of any property described herein. A full accounting shall be made of all revenues so collected so that it can be determined that said revenues have been utilized only for those purposes provided herein. 7. It is understood and agreed that the County shall have the right to sell or trade lands acquired hereunder. However, the County shall not sell or trade more than 201 of said lands in any one year. The County does hereby agree that any land acquired by trade shall be subject to the same limitations that it be used for public purposes within Golden Gate Estates as described in Paragraph 5. Funds acquired from the sale of the lands shall be used for governmental purposes as described above and shall be used only to acquire other lands, equip- ment, materials or for the constructing of improvements as hereinbe- fore described in Paragraph S. Before any lands may be sold or traded, ' the County shall have an appraisal completed bf an M.A.I. and the contemplated conveyance may be eonw sated only ifs (a) the sales xX� q prioe is ninety (901) percent or more of the appraisal fair market value or, (b) the appraisal fair market value of the tY to be r P � received in trade is ninety (901) percent or more of the appraisal fair ., market value of the lands to be traded by the County. All appraisals herein shall be undertaken and dated within ninety (90) days of they closing date of the particular transaction., Upon such sale or trade the Clonpany shall quit -claim deed the rwsrter interest of ompany referenced in Paragraph S to County. �ti OR CO "or 15F CON 8. It is understood and agreed that tho Company shall have the right of first refusal to acquire any property the County desires to sell or trade under Paragraph 7 above. The County shall notify the Carpany of all terms and conditions of any such sale or trade and the Company shall have the right and option for thirty (30) days after receipt of such notice to elect to acquire the property for the same consideration and upon the same terms and conditions. If the property is subject of a trade, the County shall, through the appraisal referenced in Paragraph 7, establish the fair market value of the property and the Company shall have the right to acquire the property to be traded for said fair market value amount. The Company shall have thirty (30) days from the receipt of such notice to respond to the County by notifying the County of its desire to exercise the right of first refusal. If the right of first refusal is not exercised by Company within the stated period, the County shall have the right to sell or trade the property to such third party, but only at the price of sale and upon the terms and conditions originally comunicated to the Company. Ab sale or trade shall be valid unless and until the foregoing requirements are complied with by the County. The right of first refusal shall run with the land, and failure of the Company to exercise such right in any one case shall not effect the Nrtpany's right to exercise that right in any case thereafter arising. The status of title to any property encuT& -red with the right of first refusal option, referenced above, shall be the same that exists at the time of conveyance of the property by the Company to the County. The County confirms that each and every tract offered for sale or trade shall be eligible for issuance of a building permit. 9. In view of the prenises and in consideration of the mutual obligations and responsibilities hereunder, the County hereby releases -the Canpany, its parent corporation and their subsidiaries from any and all obligations and responsibilities, as set forth in the Agreement dated October 4, 1977, a copy of which is attached hereto marked Exhibit "D ", and incorporated by reference herein. 10. The Company and the County are currently mutually sharing in revenues from the sale of excavated spoil materials in the Golden Gate Estates area, and it is mutually understood and agreed that during the duration of this Agreement, the County will continue to have such rights as the Canpany can convey, at no cost therefor, to utilize such spoil materials that remain available from time to time, for fill purposes on the various land parcels conveyed hereby, if such is deemed ,b,, the County, to be needed. This Agreement will terminate on December 431, 1986, except for the provisions of this Paragraph 10. 11. All amendments, alterations, modifications or changes to this Agreement to which the parties hereto mutually agree, shall be in writing and duly signed by authorized representatives of each party. In the event notice is required to be sent to Company or County Pursuant to an amendment, alteration, modification or change, or pursuant to campliance with or default of any obligation set forth herein, such notice shall be delivered by Clartified Fail to: goo( 078w, 617 -4- VG!(152 C)R PB00K CDIPANY: 100K 078 PA.,! 618 OOr. °5 Member 15, 1983, PAGE AVATAR PROPERTIES INC. c% Avatar Holdings Inc. Attention: Legal Department 201 Alhambra Circle Coral Gables, Florida 33134 COUNTY: ODLLIER COUNTY Board of County Ocmmissioners Collier County Courthouse Naples, Florida 33942 FEDERAL 'TRADE _ CMIISSION: FEDERAL TRADE COMMISSION + Bureau of Consumer Protection Enforcement Division Washington, D.C. 20580 12. Company affirms that it is duly incorporated and in good standing in the State of Florida, and that the execution and performance of this Agreement is in its corporate powers, having been duly authorized, and is not in contravention of the law or the terms of V its charter, by -laws or other corporate papers, or any agreement to which it is a party or by which it is bound and the instruments or other writings submitted to County with this Agreement or hereafter in connection with the Agreement are or shall be true, correct, complete, valid and genuine. The County warrants that it has every right to enter into this Agreement. 13. The laws of the State of Florida shall govern the construc- tion and interpretation of this Agreement. 14. This is the entire agreement to be entered into between the parties hereto with respect to the conveyance of property defined above, and this Agreenent supersedes any prior agreement and/or understandings. 15. Gt!.er than those set forth herein, the parties hereto agree that there are no understandings, representations or warranties, oral or written relating to this Agreement. 16. It is hereby agreed, any law, custom or usage to the contrary notwithstanding, that the Company shall have the right at all times to enforce the conditions and agreements herein contained in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of the Company in refraining from so doing= and further, that the failure of the Company at any time or times to strictly enforce its rights hereunder, shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements hereof, or as having in any way modified or waived the same. 17. If it should become necessary for either of the parties hereto to resort to legal action or arbitration under this Agreement, z yy z C,D I as" 000496 _ 0'i� F001 No i is. � _ the non - prevails « other expenses incurred by the prevailing party, including attorneys' k k �� 1 fees at trial or appeal level. 18. Invalidation of any provision or clause in whole or in part by � � Judgment or Court order shall inn' n n way, ffect '`' MV .yJ"��p`• *• r err. �` t � �y ! 1 (SEAL) i 5 By Chairmag� 4 // Attests r!i: �C • -:. " �' C > > • ., r,'/ . William J. Reagan, Clerk �T�• C-1 ., ' °4 �T s kit � •.1A �:. r� EXHIBIT "B" November 15, 1983 TRACT DESCRIPTION ACREAGE BOOK V !O?'K'! , .5 S dG S : 5-� -of• - tip, -�30 ' �-i'3 �, ^' J, 6 39D N. 75',of —N. 150' 1.13 7 81 Entire Tract 9.11+" it 107E E. 751.'of W. 180' 1.17 E� ' 11 139D S. 75' of S. 150' 1.17 �- 3 13 20D W. 75' of W. 150' 1.17 a 13 144C S. 75' of N. 150' 1.17 ::%'� 14 114D S. 75' of S. 150' 1.13,..` 14 127 Entire Tract 5.77; 15 35B N. 75' of S. 180' 1.13 16 84C W. 75' of E. 150' 1.13 co 17 18C W. 75' of E. 150' 1.13 0' "0 o 17 36B E. 75' of W. 180' 1.13 m 17 89 Entire Tract 4.62 —� 17 103D E. 75' of E. 150' 1.13 18 12D S. 75' of S. 150' 1.17 18 29B W. 75' of E. 180' 1.13 18 55 Entire Tract 4.43 18 67C W. 75' of E. 150' 1.13 18 122B N. 75' of S. 180' 1.17 19 105B E. 75' of W. 180' 1.13 20 2 Entire Tract 8.78 20 17A W. 105' of W. 180' 1.59 20 81D E. 75' of E. 150' 1.13 20 134C N. 75' of S. 150' 1.17 23 31B W. 75' of E. 180' 1.13 23 58W W. 180' of 330' 1.75 x'* 23 75A W. 105' of W. 180' 1.63 23 SOD E. 75' of Z. 150' 1.17 23 =_9D W. 75' of N. 150' :.13 23 :1�2A N. 105' of .4. 180' "1.63 23 .43A S 105;' of S. 180' "1 63, `-.a• ' 2. 49C .,. '.' E. 75'> of W. .. 150' '�., err Y b. 2i 52B W, 75' of E. 180' ' yf: s. ..31 24 68B W., 5 of . E. 180' _ 24 .,�., 75�, nt 180'.,., k P P .� 10 . UWILT IKASsk uaa�niraw►. cgveroen= �.,r.�ye. 24 97 Entire ct 4 i . •xf 24 106C E. 75' of W. 150" 1.13 24 126A E. 105' of E. 180'' 1.63 25 25B E. 75' of W. 180' 1.13 25 26A W. 105' o£ W. 180' 1.59 t�;o 25 28A E. 105' of E. 180' 1.59;er 25 28C E. 75' of W. 150' 1.13 25 77A W. 105'-of W. 180' 1.59 26 13A E. 105' of E. 180' 1.59 27 30B E. 75' of W. 180' 1.13 27 53A W. 105' of W. 180' 1.59 27 96C W. 75' of E. 150' 1.13 Cm 28 35D E. 75' of E. 150' 1.13 p- 28 98D W. 75' of W. 150' 1.13 nt ca CO 33 103D W. 75' of W. 150' 1.13 33 104B W. 75' of E. 180" 1.13 48 43C N. 75' of S. 150' 1.13 .. is 48 123D S. 75' of S. 150' 1.17 49 68A S. 105' of S. 180' 1.59 IS 49 126 Entire Tract 5.60, 49 130E N. 75' of S. 180' 1.17 50 14B S. 75' of N. •180' 1.17yz SO 23A N. 105' of N. 180' 1.59 ;> va 50 24D N. 75' of N. 150' 1.13 50 66A S. 105' of S. 180' 1.59 50 103D S. 75' of S. 150' 1.13 51 3D N. 75' of N. 150' 1.17 51 10D S. 75' of S. 150' 1.17 r °> 51 35D S. 75' of S. 150' 1.13 51 43C S. 75' of Na 150' 1.13 51 69D S. 75' of S. 150' 1.13 :a 61 SOB S. 75' of N. 180' 1.13 y 51:' 107C N. 75' of S. 150' 1.13.'x* 95 A Entire• Tract +.09 95 38B E • 75' of Via. 180' 1.:3 �. W. 75' of W. 150''. 1 I3 5 • 9S 47D � . 1.4� w al j�'u•�''�ti•,4. ►` 95 53W W. ,180!A` of 130' {; @n5 x a*` k �' s%PU1 `s• M 95 95D Vii. �7 •i.. 150' ,( *�(.s. ,S, F�•?�9•L Y '? 5 rl-. '.71. ,i . +rY J'Y .,. 9S lOSD t E. •7 ,� o'B: 150' 1.13' I UNIT 95 96 96 97 193 193 193 193 193 193 193 193 193 194 194 194 194 194 194 194 •194 195 195 195 195 195 N. 0 TRACT 106C 121 10 15A 16C 21B 48B 54B 72D 93A 94D 135 27A 27C 30A 34D 53C 67D 89D 92C 85 115B 131N 1335 135S .. ..w...�.:. 77, Y.N.rr rr r ..V .•. ._..:a•rr•+M.+ , Number 15, 1983 DESCRIPTION ACREAGE W. 75' of E. 150' 1.13 Road R /O /W - S32, T48S, 29.28 R26E Entire Tract 4.52 Entire Tract. 5.67 r�> . S. 105' of S.'1801- 1.59 N. 751,0f S. 150' 1.13 ' _o S. 75' of N. 180' 1.13 S. 75' of N. 180' 1.13 N. 75' of S. 180' 1.13 J W. 75' of W. 150' 1.13 T S. 105' of S. 180' 1.59 S. 75' of S. 150' 1.13 -u c' Entire Tract 3.00 nt cc' v> N. 105' of N. 180' 1.59 N. 75' of S. 150' 1.13 s; S. 105' of S. 180' 1.59 W. 75' of W..150' 1.13 ;y S. 75' of N. 150' 1.13• S. 75' of S. 150' 1.13r N. 75' of N. 150' 1.13 W. 75' of E. 150' 1.13 , Entire Tract 4.77 r: S.••75 of N. 180' 1.13` N. 150' of 330' 2.50 ' S. 180' of 330' 3.00'ri S. 180' of 330' 3.00 r • i } J, 3 u'l BOOK +. �, a I -4 \ ,., UNITS BY NUM ,.tu;� :,•.,..�:,,- •i.+' >:..�� ••,::...: ..=r '�s'lr.:. �� .!..:.fit_i•)•'•. +w•+'••��4erf � •� • YI•.�wI.1 -•vY • lP '• 't �a'r� :re •: ♦ n . �. -•ff:�w .: =••'w bta. j".- .••f.•�. iRt; .rtL.:t.L.�tf�.�y�w{w��Vt�1.r1' + in'.�. -• •� - ..n�:r =,•/it. !:•'f11'rN�ir+. T:..::Sr M1•.=.2il�iM1S �':1i`:�•rt�'tYr �••� 3 ...• «:r,: • i..tii��.1�61►-w:w N.��• «e.i••�':.. • •s,� _ 'sv. ,. �... "" .. .r � � ; tff{ ` J s a�'.r�"t - ia'�:�..a.si. — :w�Z •I:•. !'uL�s��r?a -.� . j. �L, .t�?��t:ar:«t.:��.��•:�� «w•.•�. 7"►•r.ii}C2: yj..r,r t Y�t-iei r a;C.i•�•a::.•Ls..a.i'. -J!). st".':S v.e`•� -M' „• ..'�j ; n..r. ..it:�Y:s+:r��•�r��^,�- .�ti.... ..4 µ-- �'1..�'j�it'�:2"t•PJ. ✓L'::' .::•+. .•.� «t'.L.�,s►a:r �� _ .j ✓ N :r. ”. •.j: �t� j:. �i'�7»: �;•:t vr^'a.?r+ :;a,•a•.� V �.. -. -JT L ,,Z ••fit:: : �if•fIA JS�' {.t•ti •L•5•' �y ''i�^L � � V { �t�sr ��'� � 3 ,Ly ::.t, r L:. ,.r:.- :�, i:`.« •, Yty }' v.:=_ .�:�.r.. _ p•tn� =f2• •r"it:��;� �` �.• ...., , . t�•«A`:'?!'t:M �:aiLQ t•3,' •!t; l 11. d .��... f�1t^ vr�•!•;�A,1,y - r ••, .•.:'..:•�.. fir• - .���..�. - �i� t T4.� ai; �: !"� .tYS ..y. a. a .. .LE* CCVJJTY._ .. - :••,5. aa►•.: %...i 7rt.•,, a). «.a.•+.;•..;v�4a- �a'..7t..•i: _ C;Ku iA COUNTY `M t:g : x ' w o O C iL r' ` �.,,p__ y'• *- _ fff 117A .o eAft • STA�c ROAD b.6. a a o, o o •. •' :' ^}.; i'}. 4, n a a �n r: • s.� ..' ri. .. a •) ;�• n I t1 n.I �i I: p' - _. 't ••.r:w•t�. -; t• :t I 1. ) c•.I '/:I le. ufl w• u. �' -n- V:I• if : "£$I iB2T'•n ►A�,sr U 't3 .tt' 1 +. i! 'O•I;Y It ,; EXHIBIT "C�'� Lampor tx I. ty a�o.. W *1641 STATF9CAO1t1 ALLIGATOR ALLEY frog Road) v I s I „ ton tAU0940ALI t" w c » I tm to ` •Ot1TF M u 0 • 10 - 1Qt itl W to w IN us I to • I tx a ( 21 ml I m • .. t~il t 1 W to >d Oto III I IV 311 • tx ; a1 I a►.� ati Al too , 078f�ft� 6`� lu I � I u1 I is X V 1 Ili at A. S . ! •rid•; � ati Al too , 078f�ft� 6`� lu I � I u1 I is sy w to Ili at tit to ( IM III Iw ( lO . ! •rid•; � `tui r +j � •` tt *r " :`rj c 3 ' i pA9 a '� Novadw 15, 1983 EXHIBIT D ., . ,, ..•�,`, 'irt:FCecr: or t;:,C V.,rT►u »Ati::n ane. its , (nnv)t:ny ') t:;.vL rcr,t:es�ec tau: iloaw : of Councy * w of Collier County, Florida ( "rha C:-unty ") to accept, in Principal., a rrof;rhn: Ear the comIA -6tton of the roads and canals in Golden GaLc Lstatca and the eventual acceptance of such reads and canals - by the County. This Agreement is subject to approval of the Bankruptcy Court. v " C.e The Company estimates the total. dollar value of its �• planned expenditures to be $3,100,000. This total is broken dou-n into four categories as per th.e..attached Schedule A. o The Company would propose to fund. '?306.000 to the County to be utilized for capital improvements, maintenance � and restoration worl: in the Golden Gate Estates canal. system. 0 ,o G7 The Company proposes to spend approximately $300,000-or M c such sum as is necessary to acdompli'sh -the clearing and,• restoration of those canals lying South of Stewart Boulevard and Worth of Tamiami Trail (which canals are cross -ha :shed on Exhibit 1 attached hereto). -The Company estimates that road restoration and reme- dial efforts on unaccepted completed roads including the raising of road elevations on certain roads predominantly South of Stewart Boulevard and north of Tamiami Trail (as , identified by broken lines on Exhibit 2 attached) would cost Approximately $1,200,000. The Company proposes to spend the sum of 0,500,000 "``` " or such sum as is necessary to accomplish the'rzising of _ road elevations. v:-,4 4.ne estimated cost of the road restore- tion and remedial efforts for unaccepted completed roads, (whi r.h. wor'r, could be deferred until the County dete'rrined to 'have it accomplished) is appro:cimatel.y 5700,000.. Thr:,. Company proposes to fund this $700 000 to thn CounC� "c,r P Y P .I � unc for cnpital improvemeatit, restoration and maintti, fi as required by the Golden Gate road system. it er •.tci by the County stair to Iliad, ficat ;„ • :�,:::c „,one • The Company would be agreeable to the $300,000 canal r fund referred to above anc the $700,000 •road fund referred.. - to above comprisin;V a sing'14 $1, 000,000 fund for use by the °..,, K County for capital improvements• and maintenance: of roads . � •}4 y► .•x p i +}`” and /or canals in the Golden Gate Estates area. The Company proposes to spend approximathly $1,200,.000 ' for water management (retention) and related structures to enhance-the overall mater management of the Golden Gate Estates Area. The details of the proposal which at present" contemplates. a 500 acre plus- or minus retention pond. with controlled discharge will be refined and worked out with the >, •1+ j M t7 -County Engineer and independent hydrologi.cal engineers ^' engaged by the Company and the Company staff prior-to cam - mancement of construction thereof. The Company proposes to spend approxi.mately'$100,000 on drainage and dike work in addition to. that. sat forth above, including the repair of certain dike breaches on the peri- meters-of the Golden Gate Estates area. As stated previously, the Company is requestin; initial .approval of the above concept, which concept includes the acceptance by resolution of the entire Golden Gat& Estates canal system ,(with the exception of the canals South of Stewart Boulevard and. North of Tamiami Trail) upon the >> tender of the sum of $300,000 by the Trustees bf GLC to the County. Implicit in the request is the undersLanding that an application for acceptance of those canals South of Stewart Boulevard and North of Tamiami Trail will be ,accented._by____the County upon the •complecion of the clanrint; ,iY r ".1itc1 r{�.: %vu ' +`• {rNti4�.tl1 ILti♦ r4/k �w r �• + ... + °• itrituciOtl t 4•, • r. Noveirber 19, 1983` � r. d j• n e tdl.t:�1 U`•1�'��il'J1 C1 L'S +j;il f «aill::a.a.�l� CO:l., i..ti+.riL n • �4t„ IT RESOLVED that: the fore' o;.t••S prors,t:tn is !lcreby ' approvad in princip.-4l, subject to, Furt let "Al i nc:c,ss ^c:. Df ED: octobar j, 101? rOA1tD• OF COC::T,. C0:• "a,ISSIQi.I:F.S » ATTCS'r- COLLIER CO:;a'TY 1 :Lbr,IDA` • ri P t1I1.1, .�,ur�,1./i'Sr.C,1�'d, lerl: / �.... k . ona_s Archer Chairman w GAC CORMATI0:1 1041401-)_ Co- 'trustees , ,o o T> 0s rn w x W 4 J 0 4 � 1983 -, . - „ c:QG►� ,:,�,• c/2a 77 PAGE v GOLDEN] GATE rsTAx'E.i s 1. Canal Alai.ntezitzTicci . This provides' "for `cl.eanin g of • $ 000, 000 'r � X North Area 32+,' t1iles 0 &pproximatoly $300,000 and cloaring of South Canals...,.,` r f� (South of tieirs) 0 approximately $300,000: ' 2. Road Restoration Remedial $1,200,06bry,' efforts on tinaccepted Roads, , Plus raising certain South Roads N to Construction Standards. ' A. Raising est. cost $500 A. Restoration and Remedial � for acceptance est. $700 3. Water Management (Retention) $1,200 and related sl=uctures . , , 4. Drainage and Dike 190rlc 100,000 y TOTAL $3..100,000 e F63? i • . 4f F, Y✓JT K � � � 5 -n fi y t c ¢xw 0 dos i� � ' t� sj� - )•.., }. °4. •l i t yY yL�J