Capistrano at Grey Oaks RECE~IVED
JuN 2 ~' 2ooo
6oard of County Commissioners
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEER]:NG REV]:EW $ECTZON
MEMORANDUM
TO: Sue Fil~Qn, A~.~.mi~istr(3tive Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: ~Tune 26, 2000
RE:
Capistrano ~.t Grey
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Capistrano at Grey Oaks. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier
County Resolution .No. 93-t47 provides for the administrative
approval of prelimina~ work authorizations. Please have the
Chairman sign the document and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
cc:
Project File
Reading File
PRELIMINARY WORK AUTHORIZATION
Capistrano at Grey Oaks
THIS AGREEMENT made and entered into this a~'~,l~,,' day of June, 2000, by and
between the Board of County Commissioners of Collier County Florida, hereinafter referred to as
"County", and THE HALSTATT PARTNERSHIP, a Florida General Partnership, hereinafter
referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 96-64 known as The
Grey Oaks Ordinance, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
Capistrano at Grey Oaks, attached hereto as exhibit "A" and incorporated herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because
maintaining construction schedule for Capistrano at Grey Oaks improvement plans is paramount
with the on-going construction and development of the approved Capistrano at Grey Oaks PUD; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas unless the necessary permits and approvals for the construction
have been obtained by the Owner; and
WHEREAS, Owner acknowledges that all requirements of Collier County's Growth
Management Plan and Adequate Public Facilities Ordinance No. 93-82 will be met prior to
approval of a final subdivision plat, or final site development plan or building permit as
appropriate; and
WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism
for processing and issuing a Preliminary Work Authorization.
NOW, THEREFORE, in consideration of the premises, the mutual undertakings of the
parties, and other good and valuable consideration, it is agreed by the parties hereto as follows:
ACKNOWLEDGMENT
The foregoing recitals are true and correct and are incorporated herein by reference. Further, it is
jointly acknowledged that the execution of this Agreement does not constitute a Development
Order or any other final approval by Collier County.
Page 1 of 5
SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future residential areas, to include but not limited to
subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks.
2. Construction of infrastructure to include water, sewer and irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Capistrano at Grey Oaks, WilsonMiller, Inc., Drawing File No. D-0120-87, sheet numbers
1 through 12, dated May, 2000, hereinafter collectively referred to as the "Preliminary
Work". The legal description of the boundaries of the Preliminary Work is shown on the
proposed plat for Capistrano at Grey Oaks prepared by Michael H. Maxwell, P.S.M., of
WilsonMiller, Inc.
Prior to any work being undertaken, Owner shall submit to the County, complete permit
packages and applicable review and inspection fees for the necessary permits for the
Preliminary Work (the "Preliminary Work Permits"). These applications are as follows:
Capistrano at Grey Oaks Final Subdivision Improvement Plans, WilsonMiller, Inc.,
Drawing File No: D-0120-87, sheet numbers I through 12, dated May, 2000.
Final plat for Capistrano at Grey Oaks, prepared by Michael H. Maxwell, P.S.M.,
of WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
County staff finding that the application for Preliminary Work Permits are
complete and satisfactory and are ready for scheduling to the Board of County
Commissioners for final plat approval.
Owner submitting to the County a copy of the early work permit or actual permit
from the South Florida Water Management District for all matters included in the
jurisdiction of the South Florida Water Management District, which conforms with
the Preliminary Work Release plans submitted to the County.
7/6/9°.-56231 V~a': 02!-NHOFFMAN
0~ 107-001-002- ES~BM -22872
Page 2 of 5
SECTION 4
APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (a) and (b) in Section 3 above have been satisfied. Owner understands
that no building permit will be issued for habitable structures within Capistrano at Grey Oaks until
the plat is approved and recorded.
SECTION 5
INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or
expense from claims or causes of action including attorneys fees and court costs, resulting from,
arising out of, and in connection with Owner's negligence and/or willful misconduct in the
construction of the Preliminary Work under the Preliminary Work Permits or any challenge by any
person or party objecting to the legality or validity of this Agreement.
SECTION 6
RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 7
LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the Preliminary
Work Permits if the project's final plat is not submitted to the Board of County Commissioner's
for approval pursuant to Division 3.2 of the Land Development Code, unless the Owner is
delayed in having his final plat reviewed by the Board due to the fault of the County. All work
approved by this Agreement must cease and not restart if the final plat is not submitted and
approved by the Board of County Commissioners within this authorization period. No work is
authorized under this Agreement prior to satisfying the conditions (a) and (b) in Section 3 of this
Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all
provisions of this Agreement null and void.
By entering into this Agreement the County does not guarantee and the Owner cannot rely upon
the fact that the project's final plat will be approved upon submission to the Board of County
Commissioners. The Owner is required to comply with all of the provisions and procedures of the
Land Development Code before the final plat can be submitted to the Board for consideration.
7/6/99-56231 Vet: 02!-NHOFFMAN
{Y3107- 001 - 002- E.~M 22872
Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the !~esence of:
Signature
~ted o; ............. ~'
Si~a~we CA~ERI~ ROBIT~
Printed or typed name
ATTEST:,
DWIGHT: E: BROCK, CLERK
D~puty Clerk
' Attes/.~$ to Chalnl~'s
s'fgnature oall,
Approved as to fonlt and l,egal sufficiency:
~D~vi[t~. We~X'~el~' Esquir; Collier Cotmty Attorney
THE H84~STATF PARTNERSHIP,
Paul J..~d~L ~Ahm~-m-Fact m~d/ /
A&ni~ative A~nt for ~e Halsta~ P~ers~p,
a Flohda General Pmnerslfip, r~orded m OR B~k 1714,
page 2214, ~blic Recor~ of Collier ComiC, Florida
BOARD OF ~T~'~~Y C OMMiS~IONERS
OF COLLIE~,,.O~Y, [LORII~A ,~ / ~'
°Y:Ti,noty~onstantine,J~.~m,an ~--'/ ·
03107-001-002-1~SBM-22872
Page 4 of 5
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this 2c1 day of May, 2000,
by Paul J. Marinelli, as Attorney-in-Fact and Administrative Agent, for Halstart Pannership, a Florida
General to me or who has produced
Pannership. He is personally knovm
, as identification.
WITNESS my hand and official seal this ~t{
day of May, 2000.
NOTARY PUBLI~- STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires~
!1~;? ~ '~q MY COMMISSION ~CC 80033 ~
7/6/99-56231 V~r: 02! NHOFFMAN
03107-001-002- E$'BM - 22872
STAFF REPORT DISTRIBUTION LIST
CAPISTRANO AT GREY OAKS
APPLICATION NUMBER: 000524-11
PERMIT MODIFICATION NUMBER: 11-00806-S
!
INTERNAL DISTRIBUTION
Reviewer:
X Dawn Underwood
X Huqh Tamassia
X Karen M. Johnson
X Richard H. Thompson, P.E.
J. Golden - REG
R. Robbins - NRM
Service Center Director FTM
A. Waterhouse - REG
X Permit File
P. Bell - LEG
Enforcement
X Environmental PPC Reviewer
X Environmental Resource Compliance
EXTERNAL DISTRIBUTION
X Owner:
HALSTA1-F PARTNERSHIP
X Applicant:
FLORIDA BAY AT TRACT 20, LP
X Applicant's Consultant
WILSON MILLER INC
X Engineer, County of:
COLLIER
Engineer, City of:
DEPT. OF ENVIRONMENTAL PROI1ECTION
Local Drainage District'
COUNTY
X Collier
-Agricultural Agent
BUILDING AND ZONING
O1}IER
X Brian Kenedy
X Collier County Audubon Society
X Div of Recreation and Park -,District.
X Florida Audubon - Charles Lee
X Florida Fish & Wildlife Conservation
X Leonore Reich
X S.W.F.R.P.C. Glenn Heath
EXHIBIT 6~
STAFF REPORT DISTRIBUTION LIST
ADDRESSES
Brian Kenedy
24965 Bay Cedar Drive
Bonita Springs. FL 33923
Collier County Audubon Society
1441 Gulf Coast Drive
P.O. Box 11387
Naples. FL 34101-1387
Div of Recreation and Park - District 8
FDEP
1843 S Tamiami Trail
Osprey, FL 34229
Florida Fish & Wildlife Conservation Commission
Bureau of Protected Species Management
620 S Meridian Street
Tallahassee, FL 32399-6000
Leonore Reich
713 Reef Point Circle
Naples, FL 33963
EXHIBIT 6 ~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SURFACE WATER MANAGEMENT
GENERAL PERMIT NO. 11-00806-S
Form #0942
08/95
!
PERHI'FI-EE'HALSTATT PARTNERSHIP
2600 GOLDEN GATE PARKNAY
NAPLES. FL 34105
DATE ISSUED: June 21, 2000
PROJECT DESCRIPTION: MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 10.1
ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS CAPISTRANO AT GREY
OAKS.
PROJECT LOCATION: COLLIER COUNTY.SEC 24 TWP 49S RGE 25E
PERMIT DURATION- Five years from the date issued to.complete construction of the
surface water management system as authorized herein. See attached
Rule 40E-4.321. Florida Administrative Code.
This is to notify you of the District's agency action concerning Permit Application No.
000524-11. dated May 24, 2000, ll~is action is taken pursuant to Rule 40E-1.606 and
Chapter 40E-40, Florida Administrative Code (FoA.C.).
Based on the information provided. District rules have been adhered to and a Surface
Water Management General Permit is in effect for this project subject to-
1. Not receiving a filed request for a Chapter 120, Florida Statutes. administrative
hearing,
2. the attached Standard Limiting Conditions.
3. the attached 9 Special Conditions. and
4. the attached 6 Exhibit(s).
Should you object to these conditions, please refer to the attached "Notice of~
Rights" which addresses the procedures to be followed if you desire a public hearing
or other review of the proposed agency action. Please contact this office if you
have any questions concerning this matter. If we do not hear from you in accordance
with the "Notice of Rights." we will assume that you concur with the District's
action.
CERTIFICATE OF SERVICE
I HEREBY f~TIFY,~r~t a "Notice of Rights" has been mailed to the Permittee (and the
;l~e~i/h/~t~e attached distribution list) no later than 5:00 p.m. on this
perso}~q
21s~da~/~,~?~f/fO0. in accordance with Section 120.60(3). Florida Statutes.
Chip Me'rlam
Service' Center Di rector
Ft Myers Area Office
Certified Mail No.7099 3400 0007 6217 3417
Enclosures
NOTICE OF RIGHTS
Section 120.5169(1), Fla. Slat. (1997), requires that 'each notice shall infonm the redpient o( any administrative hearing
or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must
be followed to obtain the hearing or judicial review, and shall state the time limits which apply.' Please note [hat this
No{ice or' Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an
applicable or appropriate remedy. You may wish to consult an attomey regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Florida Water Management District's
(SFWMO) action has the ~ght to request an admin~rative
hearing on that action. The affected person may request
e~er a fortreal o¢ an Informal hea~ing, as set forth below. A
point of entry into adminis~'ative p~oceedings is governed
by Rules 28.106.111 and 40E-1.511, Fla. Admin. Code,
(also i~blished as an exception to the Unifon'n Rules
Procedure as Rule 40E-0.109), as set fo~h below.
Petitions are deemed filed upon receipt of the odginal
documents by the SFWMD Cled~.
a. Formal Administrative Hearinq: If a
genuine issue(s) of material I~act is in dispute, the affected
person seeking a (orrnal hearing on a SFWMD decision
whic~ does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1), Fla. Slat. or for mediation pursuant to
Section 120.573, Fla. Slat. within 21 days, except as
provided in subsections c. and d. below, ol~ either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Pe~Jons must substantially comply with the requirements
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
b. lnl~ormal Administrative Hearinq: I1~ there
are no Issues of material fact in disp~e, the affected
person seeking an infon'nal hearing. on a SFWMD dec.on
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Slat. or for mediation pursuant to
Sermon 120.573, Fla. Slat. within 21 days, except as
provided in subsections c. and d. below, of eP,,her written
nonce through mail or po~ng or pubr~cation of notice that
the SFWMD has o¢ Intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301(2), Fla. Admin. Code, a copy of the
which Is attached to this Notice of Rights.
.'.
c. ~..dmlnlstrative Complaint an~
If a Respondent objects to a SFWMD Administrative
Complaint and O~der, pumuant to Section 373.119, Fla.
Slat. (1997). the person named In the Adminisa'at~ve
Complaint and Order ~nay file a petition foe a hearing no
later than 14 days after the date such order is se~,ed.
Petitions must substantially comply with the requirements
of either subsection a. o¢ b. above.
d. Slate Lands Environmental Resou_m,~
Permit: Pursuant to Section 373.427, Fla. StaL, artd
40E-1.511(3), Fla. Admin. Code (also pubr~shed as an
excei:~ion .to the Unit'oral Rules of Procedure as Rule 40E.
0.109(2)(c)), a petition objecting to the SFWMD's agency
action regarding consortdated applications fo~
Environmental Resoume Pen"nits and Use of Sovereign
Submerged Lands (SLERPs), must be t',led within 14 days
of the notice ol~ consor~ated intent to grant or deny the
SLERP. Petitions must substantially comply. with the
requirements or' either subsection a. or b. above.
e. Eme~ency Authorization and Order,
A person whose substantial interests are affected by a
SFWMD Eme~ency Authorization and Order, has a right
to file a petition under Sections 120.569, 120.57(I), and
120.57(2), Fla. Slat., as ~ovided in subsections a. and b.
above. However. the pemon, or the agent of the person
responsible for causing or cont~buting to the eme~enc"~
conditions shall take whatever action necessary to cause
immediate compliance with the terms of the Eme~ency
Authorization and Order.
f. Order for Emerg. encv. Act[On; A person
whose substantial interests are affected .bY a SFWMD
Order for Emergency Action has a right to.. ~',!e a pelican
pursuant to Rules 28-107.005 and 40E-1.611; Fla. Admin.
Code, copies of which are attached to this Notice of I:Ughts,
and Section 373.119(3), Fla. Slat., for a hearing on the
Order. Any subsequent agency action or proposed agency
action to initiate a formal revocation proceeding shall be
separatelj noticed pumu'a'nt to section g. below.
g. pen'nit Suspension, R evocation,
/~,nnulment, and W~hdmwal: If the SFWMD Issues an
administrative complaint to suspend, revoke, .annul. o~
wffhdmw a pen'nit, the permittee may request a headng to
be conducted in accordance with Sections 120.569 and
120.57, Fla. Slat., wfthin 21 days of either wHtl. en no(ice
through mail or posting or publication of notice that l. he
$FWMO has or Intends to take final a~ency act[on.
Petitions must substan[tally comply with the requiremeats
of Rule 28-.107.004(3), F. la. Admin. Code, a copy of the
which is attached to this Notice or' Rights.
2. Because the administrative hea~ing process
is designed to fon'nulate final agency action, the filing of
a petition means that the SFVVMD's l',nal action may be
different from the position taken by It previously'.
Persons whose substantial interests may be affected t3y
any such final decision of the SF'WMD shall have.
pursuant Icl Rule 40E-1.511(2). Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(~;)). an additional 21
days from the date of receipt of no[ice of said decision to
request an administrative hearing. However. the scope of
Ihe administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons enlilJed to a hearing
pursuant to Section 120.57(1), Fla. Slat., may waive (heir
right to such a hearing and request an int'ormal hearing
before the Governing Board pursuant to Section
120.57(2), Fla. Slat., which may be granted at the option
of the Governing Board.
4. Pursuant to Rule 28-106.111(3), Fla.
Admin. Code, persons may file with the '$FWMD a
request for extension of time for I'dtrig a petition. The
SFWMD, for good cause shown, may grant the
extension. The request for extension must contain a
certificate that the petitioner has consulted with all other
parties, if any, concerning the extension and that the
SFWMD and all other parties agree to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Slat., any
substantially affected person who claims that final agency
action of the SF'WMD relating to permit decisions
constitutes an unconsQtutional taking of property without
just compensation may seek judidal review of the action in
circuit court by firtng a civil action in the drcuit court in the
Judicial circuit in which the affected property is located
wffhin g0 days of the rendering of the SFWMD's final
agency action.
6. PurSuant to Section 403.412, Fla. Slat., any
citizen of Florida may bdng an action for injunctive relief
against the SFWMO to compel the SFWMD to enforce the
laws of Chal~er 373, Fla. Slat., and 'i"~e 40E, Fla. Admin.
Code. The complaining party mus~ file with the SFWMO
C~ed( a verff'~ed complaint setting forth the facts upon which
the complaint is based and the manner In which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
recell:~ the complaining [:xarty may then file a civil suit for
Injunctive relieir In the 15"' dudiclal Circuit In and for Palm
Beach C~ounty or circuit ~:iourt in the 'county where the
cause of action allegedly occurred.
7. Pumuant to Section 373.433, Fla. Slat., a
private citizen or' Florida may file suit in ctrc~it court to
require the abatement of any stormwater management
system, dam, impoundment. reservoir, appurtenant work or
works that violate the provisions ot' Chapter 373, Fla. Slat.
DISTRICT COURT OF APPEAL
8. Pursuant to Section ! 20.68. Fla. SiaL, a party
who is advemely affected by final SFVVMD actio~ ~
seek judidal review or' the SFWMD's final decision by f'~.~g
a notice of appeal pursuant to Florida Rule of Apl:ei~e
Procedure 9.110 in the Fourth District Court of Appeal orin
the appellate distdct where a party resides anti, filing a
second copy or' the notice with the SFVVMD Clerk.within 30
days of rendering or' the final SFWMD action.
LAND AND WATER ADJUDICATORY coMMIssION
9. A party to a 'proceeding below' may se~
review by the Land and Water Acrjudicatorj Commissi~
(LAWAC) ot' SFWMD's Final agency aclJon to deteffnine il'
such action is consistent with the provisions and purposes
of Chaplet 373, Fla. Star. Pursuant to Section $73.1
Fla. Slat., and Rules 42-2.013 and 42-2.0132. Fla. ~
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with LAWAC within 20 days after
rendition of the order or adoption of the rule. sought to be
reviewed; (b) an order ot~ the Department of Environmetttal
Protection (DEP) requiring amendment or repeal o1" a
SFWMD rule must be I'ded with LAWAC within 30 days
rendition of the DEP's order, and (c) a SFWMD order
entered pursuant to a formal administrative headrig under
Section 120.57(1), Fla. Slat., must be filed no later than 20
days alter rendition of the SFWMD's l'mal order.
Simultaneous with filing, a copy of the request for review
must be served on the DEP Secretary, any persort named
in the SFWMD or DEP final offlet, and all parties to the
proceeding below. A copy of Rule 42-2.~t3, Fla. Admin.
Code is attached to this Notice of Rights.
PRJVATE PROPERTY RIGHTS PROTEC'I'IOI~:ACT
10. A property owner who alleges a specif'lc actor
of the SFWMD has inordinately burdened an exL~ng use
of the real property. or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD
action p~rsuant to the procedures set forth in Subsec~ft
70.001(4)(a), Fla. Slat.
LAND USE AND ENVIRONMENTAL DISPUTE RE. SOl. LITtON
11. A property owner who alleges that a S~
deve{opment order (as that term is defined in Sec~o~
70.51(2)(a), Fla. Slat. to Include permits) or SF'WMD
enforcement action is unreasonable, or unfaldy I:xjrde~ts
the use of the real properly, may file a request for relief
with'the SF'WMO wff, hin 30 ~lays of receipe. of th~ SFVVMD's
oder or notice of agency action pursuant to the procedures
set forth In Subsections 70.51(4) and (6), Fla. Slat.
MEDU~.TION
12. A person whose substantial Interests
or may be, affected by the SF'VVMO's acttort may c~oose
mediation as an alternative remedy under Section 120.575,
Fla. Slat. Pursuant to Rule 28-106.111(2), Fla. Arima-
Code. [he petition for mediation shall be filed within 21
days of either written notice through mail or posting Or
publication of notice that the SFWMD has or intends to
take £mal aQency action. Choosing mediation will no!
adversely affect [he right Io an administrative hearing if
mediation dc es not result in settlement.
Pursuant to Rule 28-106.402, Fie. Admin. Code, the
contents of the petition for mediation shall contain the
t'oll ..~ng information:
(1) the name.. address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
deten'nination; and
(4) a statement of relief sought.
As p('ovided in Section 120.573, Fla. Star. (1997), [he
timely agreement of' all the parties to mediate va'11 Ioll [he
time limitations Imposed by Sections 120.569 ~nd 120.57,
Fla. Star., for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, [he
mediation must be concluded within 60 days of the
execution ot the agreement. It mediation results in
settlement of the dispute, the SFWMD must enter a final
order Incorporating the agreement of the parties. Persons
whose substantial inf. erest will be affected by such a
modified agency decision have a right to petition for
hearing within 21 days of receipt of' the final order in
accordance with the requirements of' Sections 120.569 and
120.57, Fla. Star., and SFWMD Rule 28-106.201(2), Fla.
Admin. Ccx:le. If mediation terminates without settlement of
the dLspute, the SFVVMD s~ail notify all parties in wrifJng
that the administrative hearing process under Sections
120.569 and 120.57, Fla. Stat., remain ava~able for
¢~sposYdon of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
?
VARIANCES AND WAJ. VERS
13. A person who is subject to regulation
pursuant tO a SF'VVMD role and believes the application ot
that rule will create a substantial hardship or will violate
pdndptes of' fairness (as those terms are defined In
Subsection 120.542(2), Fla. Star.) and can demonstrate
that the purpose of the undertying statute will be or has
been achieved by other means, may £de a petition with the
SFWMD Clerk requ~s~Jng a vedarice from o¢ waiver of the
SP"WMD rule. A,opl~ng for a ya,dance or waiver does not
substitute or extend the time f6r tiling a petition for an
admlnLstrative hearing or exercising any other right that 'a
person may have concerning the SFVVMD's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must include I.h~ tollowing infomqation:
(a) the caption shall read:
Pei. ition for (Variance from) or (VVaiver o0 Rule (Citation)
(b) The name, address. I. elephone number
and any facsimile number of the petitioner
(c) The name, address telephone number'
and any facsimile number of the attorney or quarifled
representative of the petitioner, (if any);
(cO the applicable rule or portion of the ru~e; .
(e) the citation to the statue the
implementing;
(0 the type of' action requested;
(.g) the specific facts [hat demonsbate a
substantial hardship or violation of principals of fairness
that would justify a waiver or variance for the'petitioner,
(h) the mason why the vadance or the wah,~'
requested would serve [he purposes of the underlying
statute; and
(i) a statement of whether [he variance
waiver is permanent or tamporeO', If [he variance
waiver is temporan/, the petition shall Include the dates
incr~cating the duration of' the requested variance or wa'n/er.
A person requesting an emergency variance from ~
waiver of a SI=V, A4D rule must dearly so state in the
caption of the peGion. In addition to the requirements of
Section 120.542(5), Fla. Stat. pursuant to Rule 28-
104.004(2), Fla. Admin. Cc~e, the petition must also
include:
a) the specif, c facts that make the s~tuation an
emergency;, and
b) the specific facts to show that [he petitioner will
suffer immediate adverse effect unless the variance or
waiver is issued by the SFWMO more expeditiously than
the applicable timeframes set forth in Section 120.542, FL3.
Stat.
WAZVER OF PJGHTS '~ "'
14. Failure to ohsewe the relevant time
frames prescribed above will constitute a waiver of such
ht.
I
28-106.201 INITIATION OF PROCEEDINGS
(2) AJI pe~ons filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's ~'[le or identificafJon number, if known;
(b) The name, address, and telephone number of the
petitioner, the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
i:~ceeding, and an explanation of how the pel~tiorter'$
substantial Intere~ will be affectec~ by the agency
determination;
(c) ,4, statement of. when and how the petitioner
received notice ot the agency decision;
(cO ,4` statement or' all disputed Issues of material iracL
If them are none, the petition must so Indicate;
(e) A concise statement of the ultimate fac:Ls eriegad,
as well as the rules and statutes which entitle the petitione~
to relief; and
(O A demand for relief.
2~1-106.301 INITIATION OF PROCEEOINGS
(NOr I%'VCX. VV, g3 0L~I:RJI'EO ~SL,'~S C~ MATERIAL FACT)
(2) AJI petitions 6led under these rules shall contaia:
(a) The name and address of each agency affected
~and each agency's Isle or identification number, if Imovm;
(b) The name: address. and telephone number of the
pefiUo~ec, the name, address, and telephone number of
the petitioner's representative. if any, which shall be the
address for service purposes during the course of the
proceeding. and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged.
as well as the rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-10/'.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the p.~izty making the
request, for p~rposes of service;
Co) A statement that the party is requesting a hearing
Involving disputed issues of material fact. or a hearing not
lnvoNing disputed issues of matedal fact: and
(c) A reference to the notice, order to show cause.
administrative complaint, or other communication that the
party has received from the agency.
42-2.013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any proceeding arising under Chapter 373, F,S.,
review by the Florida Land and Water ^djudicatory
Commission may be Initiated by the Department or a party
by filing a request for such review wffh the Secretary of the
CommLs.sion and serving a copy on any person named in
the rule or order. and on all parties to the proceeding
which resulted in the order sought to be reviewed. A
certil'~cate of service showing completion of service as
required by this subsection shall be a requirement for a
determination of' sufficiency under Rule 42-2.0132. Failure
to file the request with the Commission within the time
peded provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall Identify the rule or order
requested to be reviewed. the proceeding in which the rule
or order was entered and [he nature of the rule or order. A
copy of the rule or o.rder sought to be reviewed shall be
attached. The request for review shall state with
particularfly:
(a) How the order o¢ rule conRiots with the
requirements. pmvLslons and purposes of Chapter 373.
F.S., or rules duly adopted thereunder.
lb) How the rule or order sought I.o be reviewed
affects the interesls of the party seeking review;
(c) The oral or written statement, sworn or unswom,
which was submitted to !he agency concerning the matter
to be reviewed'and the date and location of the statement.
if the individual or entity requesting .the review has
participated in a proceeding previously instituted putsushi
to Chapter 120. F.S.. on the order for which review is
sought;
(d) If review of an order is being sought, whetl~er and
how the activ'fly authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues
por~cy. statutory interpretation, or rule Interpretation that
have regional or statewide significance from a standpoint
of agency precedent. and all the factual bases in the
record which the petitioner. claims suppod. such
determination(s); and
(e) .The action requested to be taken by the
Commission as a result of the review. whether to rescind
or modify' the order. or remand the proceeding to the
water management distdct for further action, or to require
the water management distdct to initiate rulemaking to
adopt, amend or repeal a rule.
28-107,005 EMERGENCY ACTION
(1) If the agency finds that immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend. limit. or
restrict a license.
(2) the 14-day notice requirement~ of Section
120.569(2)(b). F. S., does not apply an~l shat! not be
construed to prevent a headrig at the earliest time
practicable upon request of an aggrieved party.
(3) Unless othen~,,ise provided by law. within 20 days
steer emergency action taken pursuant to paragraph (1) of
this rule. the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569. 120.57. and 120.60, F.S.
40E-1.6t 1 EMERGENCY ACTION
(1) An emergency exists when immediate a~on Ls
necessary to protect public health. safety or welfare; the
health of animals, fish or aquatic life; the works of the
Oistrict; a public water supply. or recreational.
commercial. industrial. agricultural or other reasonable
~uses of land and water resources.
(2) The Executive Director may employ the
resources of the Distdct to take whatever remedial action
necessary to alleviate the emergency condition without
the issuance or' an emergency order. or in the event an
emergency order has been issued, alter the expiration of
the requisite time for compliance with that order.
STANDARD LIMITING CONDITIONS
THE PERMITFEE SHALL IMPLEMENT 1-HE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE
ANY ADVERSE IMPACT OF THE WORKS ON FISH. WILDLIFE. NATURAL ENVIRONMENTAL VALUES.
AND WATER QUALITY. THE PERMI1-FEE SHALL INSTITUTE NECESSARY MEASURES DURING THE
CONSTRUCTION PERIOD. INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED
AROUND NEWLY INSTALLED STRUCTURES. TO REDUCE EROSION, TURBIDITY. NUTRIENT
LOADING AND SEDIMENi~TION IN THE RECEIVING WATERS.
2. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN
NECESSARY FEDERAL. STATE. LOCAL OR SPECIAL DISTRICT APPROVALS.
THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE
DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER
MANAGEMENT SYSTEM. THE PERMI1-FEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE
RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT. IF DIFFERENT FROM THE
PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMI1-FED CONCURRENTLY WITH THE
CONSTRUCTION COMPLETION CERTIFICATION.
ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN
SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS
WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET
FORTH IN SECTION 6,4. "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH. 1994."
6. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
7. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE
ENTITY MEETING THE REQUIREMENT IN SECTION 9.0. "BASIS OF REVIEW FOR SURFACE
WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT
DISTRICT - MARCH, 1994." HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE~
SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST
SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HER~.
8. THE PERMIT DOES NOT CONVEY TO THE PERMI1-FEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR
PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4. FAC.
THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES. CLAIMS. OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION.
OPERATION. MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT.
10.THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH
REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE
CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY
THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR. THE DISTRICT WILL REQUIRE
THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER
IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMI1-FEE TO MODIFY THE SURFACE
WATER MANAGEMENT SYSTEM. IF NECESSARY. TO ELIMINATE THE CAUSE OF THE ADVERSE
IMPACTS.
11. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT. THE PERMI1-FEE OR AUTHORIZED AGENT
SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR
EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE
EXPECTED COMPLETION DATE.
12. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR. THE PERMII-[EE OR AUTHORIZED
AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE
SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE
INITIAL COMMENCEMENT OF CONS1-RUCTION.
13. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT
SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRII-I-EN STATEMENT OF
COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER.
THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND
MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL
CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE
SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT).THE
CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM. EXISTING
ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT
FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE
DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE
ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED.
14. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND
WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE
PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM
0483. REQUEST FOR PERMIT TRANSFER: OR FORM 0920. REQUEST FOR TRANSFER OF SURFACE
WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND
SUBMI1-FED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND
40E-4.351, F.A,C.
15. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS.
SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREAI'MENT,
MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.
16. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON
OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMII-FED DISCHARGE STRUCTURES NO LATER
THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION
REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.
17. IT IS THE RESPONSIBILITY OF THE PERMI1-FEE TO INSURE THAT ADVERSE OFF-SITE"~/ATER
RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. ,-..
18.THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING.
UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-
20.302(4), F.A.C.
SPECIAL CONDITIONS
THE PERMI1-FEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION.
SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR
ORERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.
2 ., MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION
AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY
TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES
ARE SHOWN TO BE NECESSARY.
4
LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A
DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE
NURTURED OR PLANTED FROM 2 FEET BELOW TO i FOOT ABOVE CONTROL ELEVATION TO
INSURE VEGETATIVE GROWTH.
5
FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT
AN APPROVED MODIFICATION OF THIS PERMIT.
6
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE
RESPONSIBILITY OF PANTHER GREY OAKS. INC.
7 MINIMUM FINISHED FLOOR ELEVATION' 11.0' NGVD
8
PLAN SHEETS NO. 2. 2, 7, 12, OF 12 BY WILSONMILLER,INC.. SIGNED. SEALED,
AND DATED MAY 22,2000 BY RONALD WALDROP. P.E. ARE INCORPORATED BY REFERENCE
INTO THIS GENERAL PERMIT MODIFICATION AND WILL BE RETAINED IN THE PERMIT
FILE. ~
9
ALL SPECIAL CONDITIONS STIPULATED BY PERMIT NUMBER 11-00806-S REMAIN IN
EFFECT. UNLESS OTHERWISE REVISED. AND SHALL APPLY TO THIS MODIFICATION..~>,
LOCATION MAP '/
PROJECT: CAPISTRANO AT GREY OAKS
PERMIT SUMMARY SHEET
APPLICATION NUMBER: 000524-11
PERMIT MODIFICATION NO.: 11-00806-S
LOCATION: COLLIER COUNTY. S24/T49S/R25E
OWNER: HALSTATT PARTNERSHIP
ENGINEER: WILSON MILLER INC
PROJECT AREA: 10.10 ACRES
PROJECT USE: RESIDENTIAL
DRAINAGE AREA:
10.10 ACRES
FACILITIES:
1. EXISTING: Grey Oaks was issued permit No. 11-00806-S. on June 13. 1991, for
construction and operation on 1562 acres of land in the vicinity of
Golden Gate Parkway and Airport-Pulling Road.
The certified master surface water management system is in place
and is fully operational. The master water management system
consists of several interconnected lakes which provide the required
water quality and attenuation for the 25 year, 3 day storm event.
The backbone system discharges to DAE1, Airport Road Canal, via'
existing control structures.
2. PROPOSED: The application proposes the development of a residential encl'ave
on a 10.1 acre tract bordered by Grey Oaks Boulevard and Grey'.O~ks
Drive. adjacent to Lake Number 26.
The project would be comprised of 21 single family home lots,
construction of Capistrano Way, which is a cul-de-sac, and surface
water management features. Lake Number 26 will be reshaped but
will retain its previously certified lake area. Lake 26A is made a
non-water management lake and is retained as a project feature.
Surface water flows to valley gutter inlets and is piped to Lake
Number 26 of the master surface water management system.
Full water quality and attenuation for the 25 year - 3 day storm
event is provided by the master surface water system.
PROJECT LEVEL:
DRAINAGE BASIN: GOLDEN GATE CANAL BASIN
Exhibit
APPLICATION NUMBER: 000524-11
RECEIVING BODY: EXISTING SW
WATER QUALITY:
Water quality for the Grey Oaks development, including the Capistrano project,
is provided in the master surface water management system.
ENVIRONMENTAL ASSESSMENT:
PROJECT SITE DESCRIPTION:
The project site is an upland parcel within an existing golf course. The
project includes the filling of less than 0.1 acres of a water management
lake. There are no wetlands on the site and no adverse environmental impacts
are anticipated as a result of the proposed project.
ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY:
The project site does not contain preferred habitat for wetland-dependent
endangered/threatened species or species of special concern. No wetland-
dependent endangered/threatened species or species of special concern were.~
observed on site, and submitted information indicates that potential use of
the site by such species is minimal. This permit does not relieve the ,~
applicant from complying with all applicable rules and any other agencies' ~
requirements if in the future, endangered/threatened species or species of
special concern are discovered on the site.
WETLAND INVENTORY
MOD PHASE - CAPISTRANO AT GREY OAKS
ONSITE
Pre-Development
OSW
TOTALS
TOTAL
EXISTING
.1
.1
Post-Development
PRESERVED UNDISTURBED IMPACTED
RESTORED/
ENHANCED CREATED
0 0 0 0 0
o o
Exhibit ~
o o o
APPLICATION NUMBER: 000524-11
UPLAND COMP:
PRESERVED:'N/A
ENHANCED/RESTORED- N/A
APPLICABLE LAND USE:
The area list'ed as "OTHER" represents the 0.5 acre Lake 26A.
TOTAL PREVIOUSLY
PROJECT PERMII-EED THIS PHASE
TOTAL ACRES 10.10 acres
PAVEMENT .70 acres
BUILD COVERAGE 2.10 acres
PERVIOUS 6.80 acres
OTHER .50 acres
DEPARTMENT APPROVAL:
SURFACE WATERxMANAGEMENT
Richar~P.~.
Kar6n M. Johnson
DATE:
Exhibit ~-
H
0
0
t
H
H
COLLIER COtfi'(T~ RECORDI!O
This Instrument prepared by, ~.~1~7 oocumentn:y ?l.~.fnp
and when ce¢ocded mall to: I:eceived$--
' ~ ired $ '~. ~'la~ -C~
JAMES W. ELKINS, P.A. ! C¢ ---- '
Naples, Florida 33940 C CgUN OURIS .
(also known ~s J~IE~ C. S~OU~) as T~tee~, the g~nt~s,
consideration of the s~ of $10.00 ~nd other valuable considera-
tion received this ~ /v. , ~988, from THE H~STA~
PARTNERSHIP, a Florida Gene~l .PartnerShip, the G~antee, of 2600
Golden Gate Parkway, Naples, Florida 33~42~ convey to the G~an~ee
the ~eal p~operty in ColIle~ Cou.ty, Florida, as described on the
attached 'EXHIBI~ A", togethe~ with any b~fldfngs, improvements,
fl~tures~ le~ses and lease deposits, and appurtenances thereto
thereon, and covenant as a~i,st all persons claim~n~ by,
th~ou~h~ or unde~ the Grantors, that the p~operty is free of all
e'ncumbrances, that lawful seisf~ of and ~ood right to convey that
pro~rty are vested in the G~anto~s, that the property is not
homestead property and that the Grantors hereby specially warrant
the title to s~id land and will defend the s~e against the
ful claim~ of all persons claiming by, through, or under. the
G~antors.
This deed is subject to:
1. Restrictions and easements common to'the real property,
if any,' but this provision shall not operate' to re-
impose the same.
2. Zoning and other governmental regulations affecting the
use and occupancy of the real property.
3. Taxes and assessments for-current and subsequent years.
It is hereby expressly understood and agreed by and between
~he parties hereto, anything herein to the contrary notwithstand-
ing, that each and all of the warranties, indemnities, repfesen-
tations, covenants, undertakings and agreements herein made on
the part of the Trustees while in form purporting to be the war-
ranties, indemnities, representations, covenants, undertakings
and agreements of said Trustees are nevertheless each and every
one of them, made and intended not as personal warranties, indem-
nities representations, covenants, undertakings and agreements by
the Trustee or for the purpose or with the intention of binding
said Trustees personally but are made and intended for the pur-
pose of binding only that portlob of the trust property specifi-
cally described herein, and this instrument is executed and
delivered by'said Trustees not in their own right, but solely in
COPY
the exercise of 'the powers conferred upon them as such Trustees;
and that no personal Xlability oc personal responsibility is as-
sumed by no~ shall at any time be asserted or enforceable against
the Trustees individually or any of-the beneficiaries 'under. said
Trust Agreement, on account of this instrument or on account of
any warranty, indemnity, representation, covenant,'undertaking o:
agreement of the said Trustees in this instrument contained,
either expressed or implied, all such personal liability, if any,
being expressly waived and released.
This is a transfer to a Partnership by one of two general
partners; the other general partne~ is coatributing
and Documentary Stamp Taxes on $500,000.00 are affixed.
Sig~d~_in th~~ce of:
/
I, a Nota~ Public d~y authorized by law in the star6 and
county n~ed above to take acknowledgments, hereby certify that
LLO~ G. HENRY fs kn~n to me to be the person described in the
foregoing Special Warranty Deed as Grantor, that the Grantor
s~gned the Special Warr~ty Deed in my presence, and that he ac--
knowledged to me that he executed that Special Warranty Deed.
~ea. ~bove this
. ~. .
v'.'.: ut l o/
LLOYD G. ~E~RY, TruStee
Dated: ~ 1988
/EDIT~ COLLIEa ~PROUL, a/k~a
JULIET C. SPROUL, Trustee
My Commission Expires:
(Date) gr (~
COPY
'0001332
OR BOOK
COUNTY OF
I, a Notary Public duly authorized by law in the state and
County named above to take acknowledgments, hereby certify'that
HAROLD S. LYNTON is known to me to be the person described i, ~he
foregoing Special Warranty Deed as G~antor, that the G~antor
signed the Special Warranty Deed in my p~esence, and that he ac-
knowledged to me that he executed that Special Warranty Deed.
WITNESS my ha~ official seal in the count~ and state
n~d' a~o~e.~this ~X~~ { ~ 1988. . .
?': -.,~...f. '.. . / .. ~ ~. --,~
· ~ . ~2- ~,~. %--.
(NO~ -~"ss~)
-
-' - ......
"-:~ 4:Z.'~::',~.."'-' :~..
cou~ o~.:'
I, a Nota~ Publi~ duly authorized by law in the state and
county named above to take acknowledgehis, hereby certify that
EDI~ ~LLIER SPROUL, also known as JULIET C. SPROUL, fs known to
me to be the person described in-the foregoing S~cfal Warranty
Deed as Gr~tor, .that the Grantor signed the Special Warranty
Deed i~ ~ presence,. and that. she acknowledged to me that she ex-
ecuted that Special ~arranty Deed.
~au"?~NESS my a~ official seal in the_county and state
~Y ~SE~] Notary Public- ..
~U~L~O ~'~S Ny Commission Expires: ..-
The Grantee accepts delivery of the deed, leases and
security deposits ~d agrees to ~ndemnify and hold Grantor harm-
less from all claims for the security deposits ~ceived.
Authori~Warranted
trstl.wy (mh) 012188
(c :/ws2000/wsdi r t/collier/hal start )
Notary Public
My Commissi~on Expires:
(Date}
COPY
,., HAROLD s. LYNTON, LLOYD G. HE~DRY AND EDITH COLLIER SPROUL (also
~ c~ known as JULIET C. SPROUL), as t~-ustees, the Grantors, as a
~ contribution to the capital of the Grantee, and for One Dollar the
~- receipt of which is hereby acknowiedged, hereby convey this December
31, 1988 to the HALSTATT PARTNERSHIP, a Florida General Partnership,
-the Grantee, of 2600 Golden Gate Parkway, Naples, Florida 33942, the
teat property in Collier Co~ty, Florida, as described on .the
attached "EXHIBIT A", together with any buildings, improvements;
fixtures, leases and lease deposits, and appurtenances thereto or
thereon, and covenant as against all pearson~ clai~g by, through, or
-=' ~ under the Grantors, that the property .is free of all enc,,mbrances,
cD --that lawful seisin of and go. od right to convey that property are
c~ o vested in the Grantors, that the proper~y is not homestead property
co ~ and that the Grantors hereby specially warrant the title to said land
~ and will defend the same against the lawful cla~m~ of all persons
-~ claiming by, through, or under the Grantors.
This de~d is snibject to:
Restrictions and easement of record, if any but this
provision shall not operate to telrepose the same.
Zoning and other gove~ental regulations affecting the use
and occupancy of the real property.
3. Taxes and assessments for ~/rrent and subsequent years.
4'. Oil, gas, and m~nera/ ~nterests of record~ if any.
It is expressly understood and agreed by and between the parties
hereto, anything herein to the contrary not~ith=tanding, that each
and all of the warranties, indemnities, representations, covenants,
undertakings and agreements here~l made on the part of the Trustees
while in fo~m purporting to be warranties, indemnities,
representations, covenants, ~dertakings a~d agreements of said
Trustees are nevertheless each and every one. of them made and
intended not as personal varra~ties, indemnities, representations',
covenants, undertakings and- agreements by the Trustee or for the
purpose or with the intentio~ of binding said Trustees personally b6t
are made and intended for t~.e. p~rpose of binding only that portion of
the trust property specifically described herein, and this instrument
is executed and delivered by said Trustees not in their own right~
but solely in the exercise of the l~owers conferred upon them as such
Trustees; and that no personal li~bility or personal responsibility
is assumed by nor shall at any time be asserted or enforceable
against the Trustees individually or any of the beneficiaries under
said Trust Agreement, .on account of any warranty, indemnity,
representa:ion, covenant, undertaking, or agreement of the said
Trustees in this instrument contained, either expressed or implied,
all such personal liability, if any, being expressly waived and
released.
This is a contribution to the ca~ital of the Grante~ which
partnership, with no change of partnership interests. The Tax
Identification Number of the Grantee is 65-0022259. The Parcel
Identification Nu~er(s) appear on the legal description(s).
~o~ s." LYN
~Y~ H~DRY, T~stee _.
~TH CO~I~R-~PROUL, a/k/a
~I~ C. SPROUL, T~tee
STATE OF F~RIDA
CO~TY OF ~IER
I, a Not~ P~ic, duly au~orized-by law in ~e .state and
co~ty' n~ed above to take ac~owl~en~, her~ ce~ify
~o~ S. L~N, ~YD G. ~DRY ~D EDIt. ~IER SPROUL, are
~o~ to me to be ~e perso~ descried in ~e .fo~egoing Special
Wa~anty Deed as ~Gr~tor, ~at. ~e Gr~tor si~ed ~e Special
.Wa~ty Deed ~ my pres~ce, ~d ~at he ac~owledged to me. ~a.t he
executed ~at Special Wa~ Deed.
WIT~SS ~y hand and official seal in ~e county an~. ~nte n~ed
above th!s-Dece~er 31, 1988.
Signed in the presence of:
2
The following described real property, lying in Section 24 and
Section 25, Township 49 South, Ran~e 25 East, Collier County,
Florida;
All that part of Section 24, Township 49 South, Range 25
East, Collier County, Florida, lying easterly of that
100 foot canal right-of-way as described in O.R. Book
154, page 6, public records of Collier county, Florida,
bearing Property Appraiser's Identification Number
02689800001;
ALSO
All that hart of Section 25, Township 49 South, Range 25
East,- Collier County, Florida, lying easterly of that
100 foot canal right-of-way as described in O.R. Book
154, page 6, O.R. Book 873, page 1879, and O.R. Book
873, page 1882, all of the public records of Collier' -
County, Florida bearing Property Appraiser's Identifica-
tion Numbers 02691000006, 02691600008, and 02690400005;
BUT LESS AND EXCEPT:
golden Gate Parkway (C-886) as described in
O.R. Book 465, page 275, and O.R. Book 465,
page 278, public records of Collier County,
Florida;
AND ALSO LESS:
those lands as described in O.R. Book 194,
page. 603 and O.R. Book 640, page 229, public
records of Collier County, Florida;
property.des (mb) 22089
( c : w$2/collier/halstatt )
1
AGREEMENT FOR PURCHASE AND SALE
TRACT 20
with Exhibits
between
THE
HALSTATT PARTNERSHIP
a Florida general partnership
as Seller
and
FLORIDA BAY AT TRACT 20 LIMITED PARTNERSHIP,
a Florida limited partnership
as Buyer
AGREEMENT FOR PURCHASE AND SALE
TRACT 20
. . ~
.T~l~ S AGREEM.E, NT ( Agreement )is made and entered into this ~..r-/ day of ~ z>~" ,'1 ,
2000 (the Effective Date ), by and between The Halstart Partnership, a Florida general partners~p ("Seller"), and
Florida Bay at Tract 20 Limited Partnership, a Florida limited partnership, or its assigns as permitted hereunder
("Buyer").
.RECITALS
Seller is the fee simple owner of a certain parcel of real estate located in its Collier County, Florida which
is a part of a larger project commonly kno~vn as ~Grey Oaks", which parcel is more particularly described on Exhibit
A attached hereto (the "Land").
In consideration of the premises stated above, the mutual covenants and agreements hereinafter set forth, and
for other good and valuable considerations, the receipt and sufficiency of which are hereby mutu.ally acknowledged,
Seller and Buyer agree as follows.
ARTICLE I
THE PROPERTY
1.1 PROPERTY DESCRIPTION. Subject to the terms and provisions of this Agreement, Seller agrees
to sell and convey to Buyer, and Buyer agrees to purchase the Land from Seller, together with all rights, privileges,
tenements, hereditaments and appurtenances pertaining thereto, including the right to construct a maximum of twenty-
six (26) residential villa units thereon (all of the above are collectively sometimes hereinafter referred to as the
~Property").
1.2 Definitions appear in Exhibit B hereto and are incorporated herein by reference.
1.3 Special Provisions appear in Exhibit C hereto and are incorporated herein by reference.
1.4 CLUB MEMBERSHIP. There are currently available through Grey Oaks Country Club enough
equity golf memberships in Grey Oaks County Club for each and every residential unit of Buyer's proposed project
on the Land ("Buyer's Project ~). Such memberships may be purchased by purchasers of units in Buyer's Project (with
no obligation to purchase) upon execution of any unit sales contract, assuming membership availability at such time,
at the prevailing rates and terms charged and imposed for such club memberships at the time the contracts for such
memberships are signed by purchasers of units and subject to the Grey Oaks Membership Plan attached hereto and
made a part hereof (as it may then have been amended) as Exhibit "Dr.
1.5 APPROVAL OF DESIGN. Notwithstanding anything contained herein to the contrary, if Buyer
and Seller are unable by May 15, 2000 to agree on acceptable elevation(s) and floor plans for the homes to be
constructed on the Land, then Buyer's "Deposits~ shall be returned to Buyer immediately, whereupon this Agreement
shall be terminated.
1.6 PLATTING. Buyer shall at its expense initiate platting of the Land into Lots based upon Buyer's
already approved site plan (the MSite Plan~ attached hereto) within fifteen (15) days after the Effective Date. Seller
agrees to fill those areas identified on the Site Plan which are outside the original Tract 20 boundaries at its expense
which shall be accomplished by September 1, 2000, with extension permitted for reasons beyond Seller's reasonable
control. Each Lot shall be sixty (60) feet in width. Such platting should be accomplished within one hundred twenty
(120) days after April 21, 2000, with delay in completion excused for causes beyond Buyer's reasonable control.
Buyer shall construct on such Lots homes of a minimum size of 2,800 square feet "under air'.
1.7 MODELS. Buyer shall commence construction (.pouring of slab) of two (2) models on two (2)
Lots by Septemb?r 15, 2000, with extensions for delays excused for reasons beyond Buyer's reasonable control.
Complete said models no later than March 15, 2001.
4/14/2000
1.8 INFRASTRUCTURE AND FINISlIED LOTS. Buyer shall use its best efforts, at its expense,
to install and construct the infrastructure necessary to provide access to and service each Lot comprising the Property
(roads and utilities) within one hundred and eighty (180) days after the plat referenced in Section 1.6 above is
obtained with delays excused for reasons beyond Buyer's reasonable control. Those infrastructure costs are to include
engineering design, costs of platting the Lots, extension of water, sewer, storm sewer, electric, telephone and cable
TV service to the boundary edge of each Lot, Grey Oaks standard street lights, and installation and landscaping of
Grey Oaks standard entry signs. The design and specifications for the road, utilities and Lots shall be in accordance
with the site development plan to be approved by Seller as provided herein. Further, Seller agrees to apply for permits
to complete construction of the main drive located adjacent to the Land, which drive accesses Livingston Road, by
:arlvffi 30, 2000, and to complete such construction by November 30, 2000, with extension permitted for delays beyond
eller's reasonable co~rol. Seller shall provi~ Buyericonstruction access to the Property by Closing.
2.1 P~RCHASE PRICE. .
(a) Base Purchase Price. The base purchase price for the Property shall be Four Million Five
Hundred Thousafid and 00/100 Dollars ($4,500,000.00) ("Purchase Price").
(b) Additional Consideration. As additional consideration, Seller shall be entitled to two percent
(2 %) of the gross contract sales price generated from the sale by Buyer of any Lot and residence constructed thereon,
Gross Contract Price shall include all extras and upgrades. Such additional consideration shall be due and payable
at the closing of each such sale and a short form memorandum of this Agreement shall be recorded in the Public
Records of Collier County, Florida to evidence this obligation as a lien against each such Lot. It shall be a default
by Buyer if Buyer sells or transfers any Lot to any party without a residence meeting the requirements of this Contract
having been constructed thereon or to transfer a Lot and residence thereon or any interest therein for less than twenty
percent (25%) of the price for such property is listed with Grey Oaks Realty, Inc.
2.2 METHOD OF PAYMENT. The Purchase Price of the Property shall be paid by Buyer to Seller
in the following manner:
(a) Deposit. On or before April 15, 2000, Buyer shall make a deposit in the sum of One
Hundred Thousand and No/100 Dollars ($100,000.00) as the earnest money deposit for the purchase of the Property
to be held by Price, Siket & Solis, LLP, 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34105 ("Escrow
Agent") in escrow pending Seller's execution of this Agreement. Escrow Agent shall hold said Deposit in an interest-
bearing account with interest accruing to Buyer, unless Buyer defaults hereunder, to be held in such account and
disbursed as hereinafter provided. This Agreement shall serve as the escrow agreement and constitutes instructions
binding upon Escrow Agent, Buyer and Seller, subject only to mutually agreed upon supplemental instructions
executed by both Buyer and Seller in writing.
(b) Additional Cash at Closing. At the time title to the Property is transferred to Buyer,
Buyer shall pay to Seller the balance of the Purchase Price by a wire transfer on the closing date of cleared federal
funds to the account of Escrow Agent or by a cashier's check drawn on a local bank; subject, however, to adjustments,
credits, and allocations of expenses and prorations as herein provided under Sections 6.4 and 6.5.
ARTICLE
TITLE AND SURVEY
3. I TITLE INSURANCE AND CLOSING COSTS. Within ten (10) days after the Effective Date,
Seller shall obtain and deliver to Buyer a title insurance commitment (with copies of all title exceptions attached
thereto) evidencing a good fee simple title in Seller to the Land subject only to the title exceptions set forth
hereinafter, to mortgages and liens that will be discharged or released at or prior to Closing, and to the standard
ALTA title insurance exceptions, which standard exceptions shall be deleted upon receipt of instruments from Seller
as required herein allowing such exceptions to be deleted from the final policy. BuYer shall have five (5) days from
receipt to examine the binder and notify Seller of any defects in title, including title defects revealed by the boundary
4114/2000 2
survey obtained by Seller as provided below, or title defects not herein agreed to by Buyer. Upon receipt of such
notice, Seller shall have a reasonable period of time, not to exceed thirty (30) days, to remove or correct same and
shall use due diligence in removing or correcting same, excluding the bringing of lawsuits or payment of any sums
of money, and this sale shall be closed within ten (10) days after receipt by Buyer of a title insurance binder or
endorsement omitting the exceptions to which Buyer has properly objected. If Seller does not or cannot correct such
matters after a diligent effort to do so, Buyer may, at Buyers's option, elect to take title "as is" or terminate this
agreement and obtain a refund of the Deposits theretofore paid. At Closing, Seller shall deliver to Buyer an owner's
title insurance policy or "marked up" title commitment insuring a good fee simple title in Buyer to the Land subject
only to the Master Declaration of Covenants, Conditions and Restrictions for Grey Oaks, as amended, encumbrances
arising from acts of Buyer, easements or encumbrances common to the subdivision and taxes for current and
subsequent years.
3.2 SURVEY. Seller shall at its expense have the Land surveyed and shall have the survey delivered
to Buyer within twenty-one (21) days after the Effective Date hereof. If the survey, as certified by a registered Florida
surveyor, accurately shows: (a) an encroachment onto the Property; (b) an improvement located on the Property
projects onto lands of others; (c) an improvement violates a zoning or other governmental use restrictions; or (d) an
improvement violates any recorded covenant. Buyer will promptly notify the Seller in writing of the mistake,
violation, encroachment or projection so Seller may treat it, and cure it, as a title defect. The survey shall identify
and show all easements affecting the Land.
3.3 PERMITTED EXCEPTIONS. The Land shall be sold, and good and marketable title is to be
conveyed, subject to the following described matters (the "Permitted Exceptions"):
(a) Real estate taxes and assessments for the year of Closing and subsequent years, for which
a bill has not been rendered as of Closing (as described in Section 6.4).
(b) Use restrictions imposed under the zoning approvals and permits in place for Grey Oaks;
(c) Master Declaration of Covenants, Conditions and Restrictions for Grey Oaks recorded in
O.R. Book 1697, Page 1167, et. seq., Collier County, Florida Public Records, as amended; and
(d) Easements or encumbrances common to the subdivision.
ARTICLE IV
DUE DILIGENCE PERIOD
4.1 INSPECTIONS. Buyer has completed its inspection of the physical condition of the Property and
is satisfied with the results thereof (the "Inspection Period").
ARTICLE V
ENCUMBRANCES
5.1 Notwithstanding any other provision hereof to the contrary, in the event the Property is subject to
or encumbered by any mortgage, deed of trust, assessment or any other lien of any kind not expressly permitted
herein, Buyer shall have the right to discharge such lien or encumbrance at Closing and deduct from the Purchase
Price all amounts paid to obtain a release of such lien or encumbrance, or if Buyer is unable or Seller fails to discharge
any such lien or encumbrance, Buyer may terminate this Agreement and hold Seller responsible for any damage the
Buyer may have suffered.
ARTICLE VI
CLOSING
6.1 CLOSING AND CLOSING DATE. Buyer shall close on the Property on or before June 30, 2000
("Closing"). Closing shall occur at the offices of Price, Siket & Solis, 2640 Golden Gate Parkway, Suite 115, Naples,
Florida, 34105, or at such other place which Buyer and Seller shall mutually agree upon in writing.
4/14/2000 3
6.2
the following:
CLOSING DOCUMENTATION. At Closing, Seller shall deliver to Buyer, at Seller's expense,
(a) A good and sufficient general warranty deed (the "Deed");
Co) A customary non-foreign, owner's gap and mechanics' lien affidavit;
(c) An appropriate assignment of all easements, rights-of-way, contract rights, intangible rights
and other property and rights related in any way to the Property;
(d) Possession of the Land; and
(e) Partnership affidavit of Seller in compliance with Florida title standards.
6.3 CONSIDERATION. Buyer shall deliver to Seller the consideration required pursuant to Section
2.2 (a) and (b) herein.
6.4 REAL PROPERTY TAXES. Apportionment of real property taxes shall be made on the basis of
the current year's tax with due allowance made for maximum allowable discount and exemptions if allowed for said
year. If Closing occurs at a date when the current year's taxes are not fixed but the current year's assessment is
available, taxes will be apportioned based upon said assessment, and the prior year's millage. If the current year's
assessment is not available at the time of Closing, then taxes will be apportioned on the basis of the prior year's tax.
However, any tax apportionment based on an estimate shall be recalculated when the taxes are timally fixed, and the
Seller or Buyer, as the case may be, shall make payment to the other based on such recalculation. Certified,
confirmed and ratified special assessment liens as of th6 Closing are to be paid by Seller. Pending liens as of the
Closing shall be assumed by Buyer, provided, however, that where the lien related improvement has been substantially
completed as of the Closing, such pending lien shall be considered as certified, confirmed or ratified and Seller shall,
at Closing, be charged an amount equal to the last estimate by the public body, of the assessment for the improvement.
If any refund of taxes or assessments is made after the Closing for a period prior to the Closing, the same shall be paid
to Seller for the period to and including the Closing and to Buyer for the period commencing on the date after the
Closing.
6.5 EXPENSES. Buyer shall pay, at the time title to the Land is transferred, Buyer's proportion of the
prorations as set forth in Section 6.4, any institutional or other loan-related costs for any loans procured by Buyer
including a mortgagee's title insurance policy as to any mortgages, costs of any new soils or environmental studies
or reports initiated by Buyer agreed to by Seller in advance and only on one such occasion to be designated by Buyer,
and Buyer's own attorney's fees incurred prior to any default by SeIier~ Seller and Buyer shall share equally the
documentary stamp tax on the General Warranty Deed, the premium for the Owner's title insurance policy and the
recording costs of the General Warranty Deed. Seller shah pay at the time of Closing the cost of Seller's share of the
prorations as set forth in Section 6.4, the cost of recording any corrective instrument, and Seller's own attorney's fees
incurred prior to any default by Buyer. Except as otherwise provided in this Agreement, all other expenses hereunder
shall be paid by the party incurring such expense.
ARTICLE VII
REPRESENTATIONS AND WARRANTIES
7.1 SELLER'S REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to
Buyer to the best of Seller's knowledge and belief the following which shall be true as of the Closing:
(a) Seller is the owner of fee simple title to the Property;
Co) The Property, is or at the time title to the Property is transferred to Buyer will be, free and
clear of all liens except for ad valorem taxes for the year of such transfer, not yet due and payable, and for all
subsequent years, and except for Permitted Exceptions and the plat contemplated hereunder. Further, there is no
proceeding pending or being prosecuted for reduction of the assessed valuation, or taxes or other imposition with
respect to all or any portion of the Property at the Effective Date, or for any special assessment liens against the
Property;
4/1412000 4
(c) Seller has not performed nor is Seller obliged to perform any inspection of the Property,
but to the best of its knowledge, information and belief, there is not located in, on, upon, over or under the Property
at the Effective Date (i) asbestos in any form, (ii) urea formaldehyde foam insulation, (iii) transformers or other
equipment containing dielectric fluid which contains levels of polychlorinated biphenyls in excess of fifty parts per
million, or (iv) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by
any federal, state, county, regional or local authority or which, even if not so regulated, is known to pose a hazard
to the health and safety of any persons that now or may hereafter occupy the Property or property adjacent to the
Property (hereinafter sometimes collectively called "hazardous waste "). Should any asbestos, urea formaldehyde foam
insulation, transformers containing excessive levels of polychlorinated biphenyls, or other regulated materials,
equipment, or substances described above be found in, upon, over or under the Property prior to transfer of title to
Buyer, Buyer hereby agrees that it shall promptly notify Seller and upon receipt of such notice Seller shall forthwith
remove same, in full compliance with any applicable governmental regulations, at Seller's sole expense. Further,
Seller shall indemnify Buyer against and saye Buyer harmless from all loss, damages and liability that may be imposed
upon Buyer arising from the existence of any such hazardous waste upon the Property which existed or were present
prior to such title transfer. The terms, covenants, agreements and representations of this Section 7.1(c) shall
specifically survive the Closing of the transaction contemplated by this Agreement.
(d) Prior to the issuance of any certificate of occupancy for any residential unit constructed in
Buyer's Project, all utilities required for the operation of all improvements contemplated by Buyer will be available
to the Property through adjoining public streets or if they pass through adjoining private land, do so in accordance
with valid public easements or private easements which will inure to the benefit of Buyer, and that Buyer, unless
Buyer is in default hereunder, will have access at all reasonable times over and across any and all construction access
roads in Grey Oaks for construction vehicles and related purposes;
(e) The present zoning classification by the applicable state or local governmental authority
having jurisdiction over the Property allows and a Final Development Order has been issued which allows for the
availability and capacity of utilities permitting construction of Buyer's Project on the Land;
7.2 CONTINUATION OF WARRANTIES. Seller shall notify Buyer in writing if Seller becomes
aware of any information that would adversely affect the truth or correctness of any and each of the warranties set
forth above and agree to indemnify and hold the Buyer harmless from any loss or damage suffered by the Buyer on
account of any material untruth or incorrectness of any such warranties (except for warranties of title) for a period
extending to one (1) year after Closing.
7.3 BUYER'S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants that:
(a) After consultation with counsel, Buyer does not consider itself to be a partner or joint
venturer of Seller, either in Seller's capacity as conveyer of title or as lender and agrees to indemnify and hold Seller
harmless from and against all claims, damages, liability or expenses, including attorneys fees, Seller incurs by virtue
of any party making a claim or assertion to the contrary.
(b) Buyer shall not place any asbestos, urea formaldehyde foam insulation, transformers
containing excessive levels of polychlorinated biphenyls, or other regulated materials, equipment, or substances
described above be found in, upon, over or under the Property prior to transfer of title to Buyer. Buyer shall
indemnify Seller against and save Seller harm/ess from all loss, damages and liability that may be imposed upon Seller
arising from the placement by Buyer, or its agents, of any such hazardous waste upon the Property. The terms,
covenants, agreements and representations of this Section 7.3(b) shall specifically survive the Closing of the
transaction contemplated by this Agreement.
ARTICLE VIH
INTERIM COVENANTS
8,1 INTERIM COVENANTS. Seller and Buyer hereby covenant and agree that between the Effective
Date of this Agreement and the Closing all risks shall be borne by Seller until acceptance by Buyer of delivery of
Seller's deed at the Closing.
a/l 4,~ooo 5
ARTICLE IX
DESIGN REVIEW PROCESS AND SUBDIVISION IMPROVEMENTS
9.1 Buyer, for itself and any Architect, understand that Seller has created a quality community within
Grey Oaks and that Seller will maintain high standards for aesthetic values when considering any plans, specifications
or applications, whether or not defined herein, submitted by Buyer for approval.
9.2 SUBMISSION OF PRELIMINARY CONCEPT PLANS. Seller and Buyer shall agree upon
Preliminary Concept Plans and Design Proposals for Buyer's Project no later than May 15, 2000 or this Agreement
shall automatically terminate.
9.3 SUBMISSION AND APPROVAL OF CONSTRUCTION PLANS AND SPECIFICATIONS.
Within a reasonable time after Seller's written approval of Buyer's Preliminary concept and Design Plans, Buyer shall
submit to Seller the Construction Plans and Specifications ("Specifications"). Within three (3) business days of the
date of receipt of the Specifications by Seller, Seller shall notify Buyer, in writing, that the Specifications are approved
as submitted, or approved subject to certain specific modifications. Provided, however, the Specifications shall be
a true extension of the approved Design Proposals and shall not vary substantially from prior submissions. If the
Specifications are not a true extension of the approved Design Proposals or if there is any substantial variance
therefrom as determined by Seller in the reasonable exercise of its discretion, Seller shall notify Buyer of the variance
or deficiency within two (2) business days and Buyer shall be required to cure such variance or deficiency within ten
(10) days thereafter.
9.4 PRICE LIST. (a) Buyer and Seller acknowledge that the "base price" for each home to be
constructed by Buyer on the Lots shall initially be no less than Nine Hundred Ninety-Five Thousand and No/100
Dollars ($995,000.00) (exclusive of change orders or upgrades) to be based upon the Buyer's base unit design and
standard base unit specifications to be approved by Seller within ten (10) business days after receipt thereof. "Base
price" for a home shall mean that price which represents the total sales price initially approved and offered for such
home, the design and construction specifications of which have been approved by Seller pursuant to the provisions
of this Article IX, which has been or will be equipped with the minimum amount of constructed features necessary
to obtain a Certificate of Occupancy for such home. Any changes in the initially established minimum base price
of the homes in Buyer's project must be agreed to by Seller within its reasonable discretion given then existing market
conditions. Buyer understands and acknowledges that the pricing of homes in Buyer's project has an indirect but
significant impact on the success of the Grey Oaks project in general.
9.5 SECURITY SYSTEM. Buyer will install wiring for a security system in each residential unit of
Buyer's Project to be approved by Seller but at a minimum must be of a high quality and a type that is consistent and
compatible with and connected to Seller's central security system.
9.6 Buyer understands that the approval of any plans (regardless of type and whether defined hereunder)
is to assure satisfaction of the aesthetic design purposes and compliance with all covenants, conditions and restrictions
applicable to the Land. Further, any architectural, construction or design approval does not address or constitute a
guarantee of the engineering or technical merits of the plans, nor does it certify compliance with applicable building
codes, fire safety requirements or other governmental regulations, but is intended solely for the Seller's purposes.
Such approval also does not constitute a guarantee of the marketability or economic feasibility of what is planned or
constructed. This provision shall also apply to any subsequent purchaser of Buyer of any portion of the Land.
9.7 Buyer shall not apply to Collier County for a building permit for a floor plan other than the approved
model plans until Seller has reviewed and approved the plans and specifications in writing in the manner required
herein. This provision shall also apply to any subsequent purchaser of Buyer of any portion of the Land.
9.8 Buyer shall not commence construction of any improvements on the Land until all of the plans and
specifications have been reviewed and approved by Seller.
9.9 In no case, except for fraud or misrepresentation by Seller, shall Seller be responsible or liable for
any cost or expense incurred or paid by Buyer in Buyer's endeavor to comply with any provision of this Article IX
so long as Seller's approval and consent is not unreasonably withheld.
4/! 4/2000 6
ARTICLE X
RIGHT OF FIRST REFUSAL
10.1 If, after Closing, Buyer intends to sell substantially all of the Land it owns to a bona fide third party
purchaser pursuant to an arms length offer, then, Buyer shall provide Seller written notice of such offer. Such notice
shall state the name of the proposed transferee and the terms and conditions of the proposed transfer. Seller shall then
have the option, not the obligation, exercisable by giving notice to the Buyer within thirty (30) days following the
date on which such notice of intention to transfer is received, to purchase such property for the Purchase Price
referenced herein divided by the square foot area of the Property and then multiplied by the square foot area of the
property to be sold by Buyer plus the actual cost of any improvements Buyer may have made to such Property. The
other terms (excluding price) of any such purchase shall be the same as those offered by the third party purchaser and
c~ntained in the herein referenced notice. This provision does not apply to a transfer of the Property to an entity in
~ichtl~llll~ holds more than a substantial equity interest.
11.1 Once commenced, construction of a building by Buyer within Buyer's Projeet shall continue without
interruption and shall be diligently pursued, except for reasons outside the control of Buyer, including but not limited
to, reasons due to war, strike, civil unrest, acts of God, or unusually severe or adverse weather, until all of the
improvements contemplated by the approved Specifications are completed. If construction is discontinued or not
diligently pursued, for reasons within the control of Buyer, then Seller shall give Buyer written notice thereof and
Buyer shall have five (5) days to cure.
11.2 Buyer shall only convey the Land, or any portion thereof owned by Buyer, as vacant land to a buyer,
except as to the end user buyer of a residential unit, who agrees to comply with Seller's requirements herein and
Seller's design review procedures. If such event does occur, the obligations and the guaranties of all parties shall
continue as stated herein as to the parties set forth herein.
ARTICLE XI]
SIGNAGE
12. I No project identification signage shall be installed or placed on the Land during the construction
period by anyone other than Seller without Seller's prior written approval which shall not be unreasonably withheld,
conditioned or delayed. Buyer shall ensure that Buyer's builder, contractor and/or agents comply with the provisions
of this Article. The project identification to be used during construction shall be removed upon the earlier of
installation of the permanent signage or upon issuance of a certificate of occupancy for the first Unit constructed in
Buyer's project.
12.2 All permanent signage shall comply with Seller's sign standards and shall be approved in writing
by Seller prior to being installed. Signage shall contain only that information as is approved by Seller in writing.
12.3 In addition to any other right of enforcement, Buyer hereby agrees for itself, its successors, assigns
and grantees, that Seller and its designated agents shall have the absolute right following ten (10) days notice to Buyer
without any other process or procedure to peaceably enter upon the Land and remove any and all non-conforming
signage, and that Buyer, its successors, assigns and grantees will not institute any action, either civilly or criminally
against Seller or its agents or employees, for the removal of any improper signage.
ARTICLE XIII
LIENS
13.1 Buyer shall not place or allow to be placed, prior to acquiring title to any portion of the Land, any
lien on such Land or portion thereof. Prior to acquiring title, should any lien be filed against the Land arising by,
through, or under Buyer, Buyer will cause the same to be released prior to or on the date of acquiring title to the
Land, or otherwise within thirty (30) days from the date on which Buyer has been notified the same is filed.
7
ARTICLE XIV
CASUALTY AND CONDEMNATION
14.1 CONDEMNATION. In the event of the institution against the Land of condemnation proceedings
prior to Closing, the Seller, or the record owner of the Land, of any proceedings, judicial, administrative or
otherwise, relating to the taking, or to a proposed taking of any portion of the Land by eminent domain, condemnation
or otherwise prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in
its sole and absolute discretion of either (a) terminating this Agreement and obtaining a return of the Deposit and all
interest accrued thereon, or (b) closing in accordance with the terms of this Agreement. Such election must be made
by the Buyer within ten (10) days of the notice furnished by Seller. If Buyer fails to make a timely election in writing,
it shall be deemed to have elected alternative (a).
14.2 CASUALTY TO PROPERTY. Seller agrees to give Buyer prompt notice of any fire, sinkhole,
or other casualty affecting the Property or any portion thereof between the Effective Date hereof and the date of
Closing. If prior to the Closing there shall occur fire, sinkhole or other casualty to all or any portion of the Property
which would interfere with the contemplated use thereof by Buyer, then, in such event, Buyer may at its option
terminate this Agreement by notice to Seller within thirty (30) days after Buyer has received the notice referred to
above or at the Closing, whichever is earlier, and in the event of such termination the Deposit and all interest accrued
thereon, shall be promptly returned to Buyer. If Buyer does not so elect to terminate this Agreement, then the Closing
shall take place as provided herein without abatement of the Purchase Price, and there shall be assigned to Buyer at
the Closing all interest of Seller in and to any insurance proceeds resulting or to result therefrom which may be
payable to Seller on account of such occurrence.
ARTICLE XV
DEFAULT
15.1 DEFAULT BY BUYER. If Buyer defaults in the performance of all or any portion of Buyer's
obligations, covenants or agreements contained in this Agreement prior to Closing, for any reason other than a default
by Seller, then, Seller shall be entitled to all Deposits and accrued interest thereon, as agreed upon and liquidated
damages, the parties agreeing that the amount of damages to Seller from any such default being impossible to
ascertain, and each party shall thereupon be released from any further obligations hereunder. If Buyer so defaults after
Closing, then Seller shall be entitled to all remedies available under Florida law.
15.2 In the event of default by Seller hereunder, Buyer shall be entitled to any remedy available under
Florida law, including, but not limited to, specific performance of all of Se!!er's obligations hereunder.
ARTICLE XVI
MISCELLANEOUS
16.1' BROKER. Buyer and Seller warrant and represent to the other that each party has not dealt with
any broker other than Grey Oaks Realty, Inc. in connection with this transaction. Seller shall be responsible for any
fee owed to Grey Oaks Realty, Inc. In the event of any claim(s) by any other person or firm for a fmder's fee,
professional fee or brokerage commission, Seller and Buyer hereby agree to indemnify and hold the other harmless
from any and all losses, damages, costs and expenses, including but not limited to attorneys' fees and related
disbursements through trial and on appeal arising from or growing out of the act of the indemnifying party.
16.2 COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Signatures by facsimile transmission of this Agreement shall be acceptable and binding upon both parties.
16.3 NO RECORDING. Except as otherwise required herein, this Agreement shall not be placed of
record nor shall any Ils pendens be permitted to be placed of record. The recording of the Agreement or a !is pendens
by Buyer shall cause this Agreement and all rights under it forthwith to terminate without the necessity of any further
action on the part of the Seller, and shall be deemed a breach of this Agreement, and in such event Seller is hereby
appointed agent of Buyer for the purpose of executing and recording any and all documents required to release any
such instruments recorded by Buyer in violation hereof.
4/1142000
16.4 ATTORNEYS' FEES AND COSTS. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection
with any of the provisions of the Agreement, the prevailing party or parties shall be entitled to recover reasonable
paralegal and attorneys' fees and other costs incurred in that action or proceeding, including those related to appeals,
in addition to any other relief to which it or they may be entitled.
16.5 NOTICES. All notices, demands, requests or other communications made pursuant to, under or
by virtue of the Agreement must be in writing and either hand delivered, delivered by overnight courier or telecopier
or facsimile transmission, or mailed through the United States Postal Service by certified or registered mail, return
receipt requested, to the party to which the notice, demand, request or communication is be'rag made, as follows:
To Seller:
The Halstatt Partnership
ATTN: Mr. Paul Marinelli
2600 Golden Gate Parkway, Suite 300
Naples, Florida 34105
With Copy To:
R. Scott Price, Esq.
Kelly, Price, Passidomo, Siket & Solis
2640 Golden Gate Parkway, Suite 315
Naples, Florida 34105
To Buyer:
Florida Bay at Tract 20 Limited Partnership
c/o Mr. Nick Shepherd
3200 Bailey Lane, Suite 117
Naples, Florida 34105
With Copy To:
Mr. Stephen P. Hokanson
Hokanson Companies
107 N. Pennsylvania Avenue, Suite 800
Indianapolis, Indiana 46204
or to such other address as may be hereafter designated by either Buyer or Seller by giving notice to the other party.
Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of
hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after
depositing the same in a letter box or by other-means placed within the possession of the United States Postal Service,
properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed
thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail,
return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern
Standard or Daylight Time (as then applicable) shall be deemed to have been given on the next following business
day. For purposes of delivering and receiving any notices, demands, requests or other communications under this
Agreement, the attorneys for Buyer may directly contact Seller and the attorneys for Seller may directly contact Buyer,
with copies to all parties as provided above sent simultaneously. The respective attorneys for both Seller and Buyer
are hereby expressly authorized to give any notice, demand, request or to make any other communication pursuant
to the terms of this Agreement on behalf of their respective clients.
16.6 INTEGRATION. This Agreement contains all of the terms agreed upon between the parties with
respect to the subject matter hereof, and is the complete, fmal, exclusive and entire understanding between Buyer and
Seller with respect to the purchase and sale of the Property, and supersedes all previous contracts, agreements, and
understandings of the parties, either oral or written, relating to the Property.
16.7 AMENDMENTS. This Agreement may not be changed, modified or terminated, except by an
instrument executed by the parties hereto.
4/]4r2ooo 9
16.8 WAIVER. No waiver by Buyer or Seller of any failure or refusal to comply with obligations of
any other party shall be deemed a waiver of any other or subsequent failure or refusal to so comply.
16.9 SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of,
and shall bind, the heirs, executors, administrators, and successors (where assignment is permitted) of the respective
parties.
16.10 PARTIAL INVALIDITY. If any term or provision of this Agreement or the application thereof
to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent
.jurisdiction, or the application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make
it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement
and all other applications of any such term or provision shall not be affected thereby, and each term and provision
of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
16.11 GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws
of the State of Florida, exclusive of choice of law rules, and this Agreement shall not be construed more strictly
aga'mst one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one
of the parties, it being recognized that both Buyer and Seller have contributed substantially and materially to the
negotiation and preparation of this Agreement. The obligations of the parties are performable and venue for any legal
action arising out of this Agreement shall lie in Collier County, Florida.
16.12 ASSIGNMENT. Except as othersvise provided herein, Buyer may not assign this Agreement. Seller
may not assign its rights and obligations under this Agreement except where such assignment is for estate planning,
entity restructuring or tax planning purposes.
16.13 HEADINGS: PLURAL AND SINGULAR. The headings which have been used throughout this
Agreement have been inserted for convenience of reference only and do not constitute matter to be construed in
interpreting this Agreement. Words of any gender used in this Agreement shall be held and construed to include any
other gender and words in the singular shall be held to include the plural, and vice versa, unless the context requires
otherwise. The words "herein", "hereof", "hereunder" and other similar compounds of the word "here" when used
in this Agreement shall refer to the entire Agreement, and not to any particular provision or section unless otherwise
specified. If the last day of any time period stated herein shall fall on a Saturday, Sunday, federal legal or banking
holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which
is not a Saturday, Sunday, federal legal or banking holiday. The term "business day" shall mean any day other than
a Saturday, Sunday, federal legal or banking holiday.
16.14 CAPACITY OF ESCROW AGENT. Escrow Agent has represented only the Seller in regard to
the negotiation of this Agreement and Closing of the subject transaction. Both parties recognize and acknowledge
that Escrow Agent is counsel for the Seller and that Escrow Agent has agreed to serve as Escrow Agent as a
convenience to both parties. Both parties agree that Escrow Agent may continue to represent Seller in this and any
other transaction or matter including, without limitation, representation in disputes between or among Buyer, Seller
and any lender disputes concerning the Deposit and disputes concerning Escrow Agent's responsibilities hereunder,
provided that in the event of any such dispute Escrow Agent shall resign as Escrow Agent hereunder and dispose of
the Deposit as provided in Section 16.15, below.
16.15 LIMITATION OF ESCROW AGENT'S LIABILITY. Escrow Agent shall not be responsible
for any defaults hereunder by any party. Escrow Agent may consult with counsel of its own choice and shall have
full and complete authorization and protection for any action taken or suffered by Escrow Agent hereunder in good
faith and in accordance with the opinion of such counsel. In the event of actual or potential dispute as to the rights
of the parties hereto under this Agreement, the Escrow Agent shall deposit any monies and all instruments held
pursuant to this Agreement with either a third-party escrow agent mutually acceptable to Buyer and Seller, or with
the Clerk of Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liability on
the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore
delivered out of escrow. In the event of any suit between Seller and Buyer wherein in the Escrow Agent is made a
party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent
interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee
and costs incurred, said fees and costs to be charged and assessed as court costs against the non-prevailing party. All
4[14/2000 1 0
paxties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted
by Escrow Agent, including but not limited to any misdelivery of monies or instruments subject to this escrow, unless
such misdelivery shall be due to willful breach in bad faith of this Agreement or gross negligence on the part of the
Escrow Agent.
16.16 FURTI-IER ACTS. In hddition to the acts recited in this Agreement to be performed by Seller and
Buyer, Seller and Buyer agree to perform or cause to be performed any and all such further acts as may be reasonably
necessary to consummate the transaction contemplated hereby.
16.17 SURVIVAL. All terms of this Agreement shall survive Closing except where any particular
provision is expressly limited herein.
IN WITNESS WHEREOF, the Agreement has been duly executed by the parties hereto effective as of the
day and year first set forth above.
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF:
By:.
Its:
BUYER:
FLORIDA BAY AT TRACT 20 LIMITED
PARTNERSHIP, l.~,]~lorida limited partnership ~
SIGNED SEALED AND DELIVERED
SELLER:
THE HALSTATF PARTNERSHIP
a partnership
Floricl~. general
By: , _
The undersigned hereby acknowlex~ges receipt of the Deposit of ONE HUNDRED THOUSAND AND
NO/100 ($ I00,000.00) DOLLARS this ~.'l'~ay of Rf>r l ,2000, to be held in escrow per terms and
conditions set forth in this Agreement.
Accepted By Frgcrow Age~nt)
Price, at&Sons, LEP }
/ /
L:~DATA\WPDATAkDE'VELOP.LIB~HAL.RYATT\GREYOAKS~Florlda Bay\Tract 20\Parchas* Agn:eane~.Drafi 8.wlxt
4/14/2000 I I
EXH/BIT A
LEGAL DESCRIPTION
,~a nr~ooo 12
WilsdnMiiler
New Directions In Planning, 1~ & Engineering
Description of Parcel 20
being a part of Section 25, Township 49 South,
Range 25 East, Collier County, Florida
(Grey Oaks)
All that pad of Section 25, Township 49 South, Range 25 East, Collier County, Florida,
being more padicularly described as follows:
Commencing at the northeast corner of Tract B of Grey Oaks Unit Six according to the
plat thereof as recorded in Plat Book 27, pages 78 and 79, Public Records of Collier
County, Florida;
thence South 86°37'06'~ East 134.22 feet;
thence South 89°55'00" East 200.55 feet;
thence easterly 46.56 feet along the arc of a tangential circular curve concave to the
north having a radius of 575.00 feet through a central angle of 04°38'22" and being
subtended by a chord which bears North 87°45'49" East 46.55 feet;
thence South 04°33'22" East 100.00 feet to the Point of Beginning of the parcel herein
described;
thence nodheasterly 253.81 feet along the arc of a tangential circular curve
concave to the nodh having a radius of 675.00 feet through a central angle of
21032'38" and being subtended by a chord which bears North 74°40'19" East
252.32 feet;
thence North 63°54'00" East 147.06 feet;
thence northeasterly 256.39 feet along the arc of a tangential circular curve
concave to the northwest having a radius of 600.00 feet through a central angle of
24°29'00" and being subtended by a chord which bears Nodh 51°39'30" East
254.44 feet;
thence South 00038'02" West 1371.27 feet;
thence North 89°21 '58" West 53.16 feet;
thence westerly 8.28 feet along the arc of a tangential circular curve concave to the
south having a radius of 38.00 feet through a central angle of 12°29'03" and being
subtended by a chord which bears South 84"23'31" West 8.26 feet;
thence South 78008'59" West 40.37 feet;
thence nodhwesterly 66.11 feet along the arc of a tangential circular curve concave
to the north having a radius of 60.00 feet through a central angle of 63007'39" and
being subtended by a chord which bears North 70°17'11" West 62.81 feet to a point
of reverse curvature;
thence northwesterly 41.56 feet along the arc of a tangential circular curve concave
to the south having a radius of 50.00 feet through a central angle of 47037'32" and
being subtended by a chord which bears Nodh 62032'07" West 40.37 feet to a point
of reverse curvature;
Naples Fort Myers Sarasota Bradenton Tampa
3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 941-G49-4040 ~ 941-643-5716
www. wi!~onmiller. corn
WilsdnMiiler
thence nodhwesterly 52.65 feet along the arc of a tangential circular curve concave
to the north having a radius of 5000 feet through a central angle of 60°19'45" and
being subtended by a chord which bears North 56°11'01" West 50.25 feet to a point
of compound curvature;
thence nodhwesterly 54.98 feet along the arc of a tangential circular curve concave
to the east having a radius of 125.00 feet through a central angle of 25"11'56" and
being subtended by a chord which bears North 13°25'11" West 54.53 feet to a point
of reverse curvature;
thence northerly 62.98 feet along the arc of a tangential circular curve concave to
the west having a radius o.f 200.00 feet through a central angle of 18002'37" and
being subtendbd by a chord which bears Nodh 09°50'31" West 62.72 feet;
thence Nodh 18°51'50" West 19.41 feet;
thence northwesterly 32.14 feet along the arc of a tangential circular curve concave
to the west having a radius of 150.00 feet through a central angle of 12°16'37" and
being subtended by a chord which bears North 25"00'08" West 32.08 feet to a point
of reverse curvature;
thence northerly 81.19 feet along the arc of a tangential circular curve concave to
the east having a radius of 100.00 feet through a central angle of 46°31'05" and
being subtended by a chord which bears North07°52'55" West 78.98 feet to a point
of reverse curvature;
thence northerly 38.60 feet along the arc of a tangential circular curve concave to
the west having a radius of 150.00 feet through a central angle of 14"44'36" and
being subtended by a chord which bears Nodh 08°00'20" East 38.49 feet;
thence North 00038'02" East 63.65 feet;
thence northeasterly 37.88 feet along the arc of a tangential circular curve concave
to the east having a radius of 70.00 feet through a central angle of 31°00'10" and
being subtended by a chord which bears Nodh 16°08'07" East 37.42 feet to a point
of reverse curvature;
thence northerly 37.88 feet along the arc of a tangential circular curve concave to
the west having a radius of 70.00 feet through a central angle of 31°00'10" and
being subtended by a chord which bears North 16°08'07" East 37.42 feet;
thence North 00°38'02" East 20.00 feet;
thence northerly 31.97 feet along the arc of a tangential circular curve concave to
the west having a radius of 100.00 feet through a central angle of 18018'56" and
being subtended by a chord which bears North 08°31'26" West 31.83 feet to a point
of reverse curvature;
thence northerly 53.41 feet along lhe arc of a tangential circular curve concave to
the east having a radius of 100.00 feet through a central angle of 30°36'10" and
being subtended by a chord which bears North 02°22'50" West 52.78 feet to a point
of reverse curvature;
WilsdnMiller
thence northwesterly 84.57 feet along the arc of a tangential circular curve concave
to the west having a radius of 80.00 feet through a central angle of 60°34'12" and
being subtended by a chord which bears North 17"21'51" West 80.69 feet to a point
of reverse curvature;
thence nodhwesterly 53.68 feet along the arc of a tangential circular curve concave
to the nodheast having a radius of 150.00 feet through a central angle of 20"30'17"
and being subtended by a chord which bears Nodh 37°23'48" West 53.40 feet to a
point of reverse curvature;
thence nodhwesterly 46.14 feet along the arc of a tangential circular curve concave
to the southwest having a radius of 100.00 feet through a central angle of 26°26'16"
and being subtended by' a chord whici~ bears North 40"21'47" West 45.73 feet;
thence North 53°34'56" West 57.50 feet;
thence nodhwesterly 329.92 feet along the arc of a tangential circular curve
concave to the northeast having a radius of 380.00 feet through a central angle of
49°44'40" and being subtended by a chord which bears Nodh 28°42'36" West
319.65 feet;
thence Nodh 03°50'15" West 35.61 feet to the Point of Beginning of the parcel
herein described;
Subject to easements and restrictions of record.
Containing 10.10 acres more or less.
Bearings are based on the
Certificate of authorization #LB-43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
Michael H. Maxwell, P.S
Date '-&'- - 3 -0 d
Ref. 4G-1243
Not valid unless embossed with the Professional's seal.
EXHIBIT B
DEFINITIONS
ARCHITECT. Shall mean and refer to a person or firm that is properly qualified and registered as a building
or landscape architect, as the case may be.
DESIGN PROPOSALS. Shall mean and refer to detailed design documents including a vegetation survey,
planting plan, permanent signage plan (including front entrance to Buyer's project), site plan, irrigation plan, all
elevations and floor plans, and notation of all exterior construction matedMs and colors. DESIGN PROPOSALS shall
be a true extension of the approved PRELIMINARY CONCEPT PLANS and must be sufficient and definitive in
detail so that compliance with applicable zoning codes, ordinances and restrictions of record for the character, exterior
appearance, exterior colors, and their quality and kind of building and landscape materials proposed can be
determined. The layout and final details of structural, mechanical and electrical installations are not necessary for
DESIGN PROPOSALS but must be included on the CONSTRUCTION PLANS AND SPECIFICATIONS.
DESIGN REVIEW COMMITTEE. Shall mean and refer to a committee appointed by the SELLER to review
all plans, proposals and specifications submitted for design approval in GREY OAKS.
INFRASTRUCTURE. Shall mean and'refer to those improvements to the Land required to make the Land
available for Buyefts intended use and shall include, but not be limited to all clearing and grading (not to include fill
for a building pad which shall be Buyer's responsibility), and improvements necessary for water, irrigation, sewer,
stormwater management, telephone, cable and electric utilities (only to edge of lots; Buyer to connect to villas),
together with paving, curbing, street lights, traffic signs, temporary construction signs. Seller is to landscape buffer
those portions of the Land identified on Schedule 1 attached hereto, and provide landscape treatments for Buyer's cul
de sac, and to excavate the berm in accordance with the Site Plan, all of which are to be completed by May 31,2000
and in accordance with the attached Schedule I landscape plan.
NEIGHBORHOOD ASSOCIATIONS. Shall mean and refer to any property owners' association,
homeowners' association, condominium association, business association, or other such entity, their successors and
assigns, for the Land.
NEIGHBORHOOD COVENANTS. Shall mean and refer to the MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS for GREY OAKS, as amended, for the Land'recorded in the
Public Records of Collier County, Florida.
PERSON. Shall mean and refer to any individual, corporation, governmental agency, business trust, estate
trust, parmership, association, two or more persons having a joint or common interest, or any other legal entity.
PLOT. Shall mean and refer to a platted lot, a condominium or any quantity of land capable of being
described with such definiteness that its location and boundaries may be established.
PRELIMINARY CONCEPT PLANS. Shall mean and refer to schematic design materials including the
preliminary site plan for the Land, plans and specifications and a plot plan, floor plans and exterior elevations as
prepared by a Florida registered Architect, and landscape plans as prepared by a Florida registered Landscape
Architect. PRELIMINARY CONCEPT PLANS must be sufficient for preliminary review by the SELl .VR of the
basic character, general exterior appearance, and basic construction materials of buildings; general site organization
and preliminary proposals of landscape intent; all in conformance with applicable zoning codes, ordinances and
restrictions of record.
SPECIFICATIONS. Shall mean and refer to CONSTRUCTION PLANS AND SPECIFICATIONS,
including a final landscape plan, which are a true extension of the PRELIMINARY CONCEPT PLANS and DESIGN
PROPOSALS as approved by the SELJ~F.R and which are not in any substantial variance therefrom.
SUBDIVISION IMPROVEMENTS. Shall mean and refer to those improvements to the Land required to
make it ready for building, including, but not limited to, site preparation, water, sewer, paving, drainage, telephone,
cable, electric or any off-site improvements required to meet any obligations imposed by governmental agencies to
develop the Land.
EXHIBIT C
SPECIAL PROVISIONS
THE HALSTATF PARTNERSHIP
TO
FLORIDA BAY AT TRACT 20 LIMITED PARTNERSHIP
1. Buyer shall be financially responsible for the repair and/or replacement of any damage caused by
Buyer, his Contractors, Subcontractors or other providers of services connected with the development of the Land
(which is not part of the Seller's obligation to provide the infrastructure) or to the rights of way located within Grey
Oaks. Examples would be the repair or replacement of broken curbs, sidewalks, street lights and bike paths. Buyer
shall deposit upon Commencement of Construction into an interest bearing escrow account to be held by Seller
THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) to be used for repair and/or replacement as required
hereunder. In the event of damage, Seller shall notify Buyer thereof and shall show by competent evidence that the
cause was occasioned by the activity of Buyer, his Contractors, SubcontraCtors or other providers of services
connected with development of the Land. Seller may cause repairs and/or replacement of any damage caused by the
foregoing and pay such costs from escrow funds. An accurate and complete record will be kept for all expenditures
upon the Buyer's project. Seller shall approve all repairs and/or replacements required hereunder, which approval shall
not be unreasonably withheld. Buyer and Seller shMl choose a mutually satisfactory third party to act as arbitrator
of any dispute which may arise between them concerning the matters set forth in this Exhibit C, Section 1. Buyer
shall have the right to make such repairs to Seller's specifications within thirty (30) days of notice thereof prior to
Seiler's use of such funds. All unused funds, and accrued interest, shall be returned to Buyer at the closing of the last
Unit to be sold to the public in Buyer's Project.
2. Buyer acknowledges and agrees that Seller shall have no responsibility or liability for services
normally performed by governmental agencies, unless required of Seller by statute, order or ordinance because of
Seller's status as "Declarant" or "Developer" under the Grey Oaks PUD. Buyer's use of the Land shall be in
compliance with all applicable governmental rules, regulations, laws and ordinances.
3. Buyer agrees that, during the construction of any improvements to the Land, Buyer shall limit its
construction traffic to the route(s) designated by Seller and shall control the parking and storage of construction
equipment and vehicles and the equipment and vehicles of construction personnel in accordance with requirements
of Seller, which requirements shall be reasonable. Notwithstanding the foregoing, Seller shall not interfere with or
impede in any way the progress of Buyer's development activity associated with the Land, so long as Buyer's activity
is consistent with the Design Plans and Specifications for the Land and Buyer is not in default hereunder. Buyer agrees
to abide by such construction regulations as are promulgated from time to time by Seller for construction with Grey
Oaks.
4. Buyer shall maintain the construction activities on the Land in a reasonably attractive state.
5. Buyer acknowledges that Seller is the developer of Grey Oaks and agrees not to use the word Grey
Oaks in any document, agreement, or literature without the prior express written consent of the Seller, which right
shall not be unreasonably withheld. Buyer further agrees that Seller has the right to review and approve all
promotional material for the Buyer's development prior to its distribution and use by Buyer and no such material or
advertisement shall be distributed or made without the prior written approval of Seller, which approval shall not be
unreasonably withheld.
6. Buyer understands that it has no right or interest of any nature or kind whatsoever with regard to
any platting, zoning, variance, deviation or amendment to the PUD requested by the Seller as a result of the execution
of this Agreement, and agrees not to object to any action taken or requested by Seller with regard thereto,
a/~4/2ooo 14
F.~AI"111~,I I '._. L.t~!ltllltlt:tl
unless the action materially and adversely affects the Land. In the event Seller decides to rezone, plat or replat any
· part of Grey Oaks, Buyer, its successors, assigns and grantees, without reservation or objection, unless the action
requested would materially and adversely affect the Property, and when requested by Seller, shall, at Seller's expense:
(A)
Join in and/or make application as required for necessary platting, zoning, variances,
deviations, or amendments to the PUD ordinance and permits;
(B)
Make such other joinder or consent, without reservations, as may be reasonable and
necessary to effect the development of the Grey Oaks Project in accordance with the
Master Plan and PUD and the intent of the development of the Land as set forth herein.
7. Non-construction related ingress to and from the Land shall be at a location as approved by Seller
acting reasonably with due consideration of Buyer's plan of development. Such grant shall be over and across the
platted Grey Oaks road system and shall have access through such road system to a public road right of way.
8. No building or structure on the Land shall exceed that height permitted by the applicable P.U.D.
9. In no case shall Seller be responsible or liable for any cost or expense incurred or paid by Buyer in
its endeavor to comply with any provision of the Agreement, except than as. otherwise provided herein, except those
costs and expenses caused by Seller's negligence, failure to disclose facts which are materially adverse to Buyer,
unreasonableness or default hereunder.
10. Seller hereby grants to Buyer, its agents and employees, the right to enter upon the Land for the
purpose of conducting soil tests, engineering and construction studies and surveys thereof, provided that Buyer gives
Seller not less than twenty-four (24) hours advance notice. Buyer hereby agrees to indemnify and hold Seller harmless
against any claims, damages or injury to the Land or Seller caused or occasioned by Buyer, its agents, contractors or
employees, in the performance of such work.
11. Buyer agrees that it shall enter into an Exclusive Brokerage and Marketing Agreement with Grey
Oaks Realty, Inc., to market the dwelling units it offers for sale. The terms of such exclusive listing are contained
in the agreement attached hereto as Exhibit E.
12. The Buyer acknowledges that the Seller as Declarant under the master association documents has
the authority to alter the neighborhood association documents, but the Seller agrees not to make any alterations to the
documents once they have been approved prior to the turnover of the homeowner's association to the Lot owners.
The Seller has the right to approve the homeowners association documents, but this approval shall be reasonable and
be based on the primary purpose of the Buyer in entering into this Agreement, namely to construct residential villa
units. Such documents shall contain a provision requiring that any unit cannot be leased more than two (2) times in
any year. Finally, Seller shall have approval rights over the form of Buyer's "end user" purchase agreement, which
approval shall not be unreasonably withheld.
13. Assessments due Grey Oaks Master Association, Inc. on any Lot shall commence at the time Buyer
has satisfied the requirements of Section 1.6 of the Agreement.
14. To the extent Seller has impact fee credits available for purchase which may be used by Buyer in
lieu of payment to Collier County, Buyer agrees that it is obligated to purchase any such credits from Seller in lieu
of making impact fee payments to Collier County. Such credits shall be purchased immediately prior to the date Buyer
acquires a permit for constructing any improvements related to Buyer's Project according to a procedure established
by agreement with the applicable Collier County agency. If Seller has such credits and offers them for sale and Buyer
fails to purchase such credits as required herein, then Seller may avail itself of all remedies available under Florida
law and shall be entitled to receive interest on all such unpaid amounts at ten percent (10%) per year until paid.
15. Seller agrees to cause Grey Oaks Master Association, Inc. to agree to maintain the berm adjacent to
and east of the Land in an attractive state consistent with other common areas within Grey Oaks.
16. The provisions of Article 1, Section 2.1 Co), Section 7.3, Articles IX -XVI, Exhibits B and C of this
Agreement shall apply to any subsequent owner of any portion of the Land which, when sold to such ow: per, will
be used for construction of units or homes. This Section 16 shall be specifically referenced in the sl >rt form
memorandum of this Agreement referred to in Section 2. l(b) herein. ~
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EXHIBIT D
MEMBERSHIP PLAN
L:'~DATA\~VPDATA~I)EVELOP.LEB'd-IALS~ATT'~GREYOAK$~,rkI~ Bay~Tme~ 2~urci'~ Ag,..~n.~r, LD'rafl g.w~l
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STEPHEN P. HOKANSON ~-,~o,,,,~
580298741
5615 AUDOBON RIDGE LN,
I $ ]~,~-~
EXHIBIT "E"
GREY OAKS
EXCLUSIVE BROKERAGE AND MARKETING AGREEMENT
FOR TRACT 20
THIS AGREEMENT made this o-,~t~ day of ~, i } . ,2000, by and between
[2'l,.,,,irL~ t~,a,, a')7~roe,,]'07o/.;.,~;/,-d fi~r/..,,,,'~,l~h ("Buyer")'and GREY OAKS REALTY, INC., a
Florida ~o~oration (GORI").
BACKGROUND INFORMATION
Buyer intends to construct residential dwellings and related improvements (the
"Dwellings") on property located on Tract 15 located within the Grey Oaks Planned Unit
Development in Collier County, Florida. Buyer will be constructing and selling Dwellings on real
property it has purchased within Grey Oaks.
Buyer and The Halstatt Partnership ("Developer") have entered into an Agreement (the
"Purchase Agreement") with respect to the purchase by Buyer of parcels of land in the Grey Oaks
Estate Homes Section, Collier County, Florida ("Grey Oaks").
GORI is a licensed Florida real estate broker which is in the business of procuring
purchasers and promoting the purchase and development of Dwellings thereon for real estate
located in Collier County, Florida and, in particular, in the Grey Oaks subdivision. GORI has
expended and will expend substantial funds and has devoted and will devote substantial efforts to
developing and organizing an overall marketing, advertising and sales program for the Dwellings,
as well as other properties located in the Grey Oaks project.
Buyer desires that GORI procure purchasers for Dwellings that it constructs and desires
to grant GORI an exclusive listing arrangement for the sale of such Dwellings.
AGREEMENT
NOW, THEREFORE, in consideration for the promotion of Buyer by GORI for the sale
and development of Dwellings, and GORI's agreement to use good faith efforts to effect sales
of Dwellings for Buyer, and other good and sufficient consideration, the parties agree as follows:
1. Exclusive Broker. Buyer hereby grants to GORI the exclusive right and authority
to sell any and all Dwellings owned by Buyer whether existing now or whether constructed
hereafter upon the terms and conditions contained herein.
2. Term. GORI's exclusive fight to sell Buyer's Dwellings shall commence on the
date hereof and shall end when all Dwellings constructed by Buyer have been sold and conveyed
to third parties or when this Agreement has been terminated pursuant to its terms.
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3. Terms of Sales. GORI shall sell the Dwellings at prices and on such terms and
conditions as are determined by Buyer. Buyer shall keep GORI advised at all times, by written
schedule, of the sales price of each Dwelling being offered for sale by Buyer, including, where
applicable, a written schedule of the sales prices for all options available to the Dwellings. Buyer
agrees to give GORI at least ten (10) days prior written notice of any changes in Buyer's written
scheduled sales prices. GORI shall list the Dwellings on the multiple listing service at all times
during the term of this Agreement.
4. Marketing Fee:
(a) GORI shall use good faith efforts to actively promote, market and advertise
Buyer's Villas constructed in Tract 15 to purchasers and prospective purchasers. If Buyer
sells a Villa in Tract 15, Buyer agrees to pay GORI a Marketing fee ("Fee") of seven
percent (7 %) of the total contract price (including the lot, structure, extras, change orders,
and/or premiums) of all such improvements constructed or to be constructed by Buyers.
(b) The seven percent (7%) Fee shall be payable by Buyer as follows:
On a sale or construction contract wherein there is a co-broker: three and
one-half percent (3 1/2 %) within ninety (90) days of execution of a contract
or ten (10) days after a ten percent (10%) deposit has been made under
such contract and all construction contingencies have been removed,
whichever is later; and the balance of three and one-half percent (3 1/2 %)
at closing or final payment as applicable.
~
On a sale wherein there is no co-broker: one percent (1%) within ninety
(90) days of execution of a contract, or ten (10) days after a ten percent
(10%) deposit has been made under such contract and all construction
contingencies have been removed, whichever is later; and the balance of six
percent (6 %) at closing or f'mal payment as applicable.
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(c) Buyer shall deliver to GORI copies of all closing or settlement statements applicable
to all sales made by Buyer in Grey Oaks. Additionally, upon completion of each residence
Buyer shall deliver to GORI an affidavit listing all costs of Buyer in connection with
construction of the residence. Such documents shall be delivered to GORI within five (5)
days after closing and shall be executed by Buyer and the purchaser. The Fee to be paid
by Buyer hereunder shall be based upon the total price as shown on said closing statement
or affidavit attached as Exhibit "A". Buyer agrees to insure that all costs (including this
lot, structure, extras, change orders and premiums) are included on said closing statement
or affidavit.
(d) GORI agrees to co-broker the Fee with any other licensed Broker who was the
procuring cause of the construction contract, in accordance with the standard guidelines
established by regarding co-brokerage. If Buyer is a licensed Florida Real Estate Broker
2
and if Buyer is the procuring cause of the contract then Buyer shall be entitled to a co-
brokerage Fee. The amount of any Fee paid by Buyer to GORI shall be disclosed to any
third party purchaser and shall be included in the total cost of construction on any budgets
proposed by Buyer.
(e) Developer and GORI reserve the right to assign all promotion, marketing and
advertising functions, and right to receive the marketing fee, to a successor entity of
GORI.
5. Failure to Perform. In the event that a transaction for which the GORI has found
a buyer ready, willing and able to purchase, shall not be closed because of the refusal or failure
of the Buyer to perform, GORI shall be entitled to receive, and Buyer hereby agrees to pay, the
full commission to GORI upon demand.
6. Access to Dwellings. Buyer shall allow GORI free access to all unsold Dwellings
that have been constructed, including but not limited to, Buyer's models.
7. Indemnification. Buyer shall indemnify and hold GORI harmless from any and
all loss and for damages resulting from any claims, disputes, litigation or judgments arising from
any incorrect information supplied by Buyer to GORI, or from any material fact known by Buyer,
which Buyer fails to disclose. GORI shall indemnify and hold Buyer harmless from any and all
losses and for damages resulting from any claims, disputes, litigation, or judgments arising from
GORI's gross negligence or willful misconduct.
8. GORI's Efforts. GORI agrees to use good faith efforts to effect a sale of each
Dwelling. Buyer acknowledges that GORI will potentially and simultaneously be offering for sale
other property, dwellings and residential units owned by Developer and others located in the
development known as Grey Oaks. GORI shall not show preference of one property, home, or
unit over another. However, GORI shall not be obligated to ensure that Builder achieves the same
or comparable sales of its Dwellings as are achieved by competing builder dwellings or residential
units.
9. Sales Center. GORI agrees, throughout the term of this Agreement, that GORI
will maintain a staffed Sales and Information Center for the promotion and sale of the Dwellings
in Grey Oaks. It will be open Monday through Saturday, 9:00 a.m. to 5:00 p.m., and Sunday
10:00 a.m. to 5:00 p.m., excluding holidays. The Center shall contain general displays with
respect to Grey Oaks and its development, including a site plan of the development and such other
displays, information and material as GORI may deem necessary or expedient in marketing within
Grey Oaks. Buyer shall be able to provide input into any display materials used for its Dwellings.
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10. Advertising. All advertising and marketing for the sale of the Dwellings shall be
made by and through GORI and shall be at the sole discretion of the GORI except that Buyer may
conduct its own supplemental advertising upon the review and approval of same by GORI. GORI
may include, but is not obligated to include, the Dwellings in an overall marketing and advertising
program with respect to Grey Oaks, generally. Buyer shall acknowledge in writing to GORI that
all advertising materials provided by Buyer to GORI or prepared by GORI based upon information
provided by Buyer are, to the best of Buyer's belief, true, correct and accurate. If GORI is
required to reprint advertising to correct mistakes caused by Buyer providing inaccurate
information to GORI, Buyer shall be responsible for all costs associated with such reprinting.
11. Termination. This Agreement may be terminated by either party in the event the
other party breaches a material term of this Agreement and after receiving written notice of such
breach, the breaching party fails to cure such breach within thirty (30) days after receiving such
notice.
12. Miscellaneous.
(a) Buyer shah cooperate with GORI in bringing about the sale of the Dwellings
and to immediately refer to GORI all inquiries of anyone interested in a Dwelling.
GORI agrees to inform Buyer in advance whenever a prospective buyer desires to
visit a Dwelling for a second time and, in such event, to allow Buyer to participate
in the second showing. Further GORI agrees to provide Buyer with weekly sales
"traffic" reports for Grey Oaks which will include a list of all registrations by
prospective buyers.
(b) Buyer shall be permitted to meet informally with the GORI and GORI's
sales staff on a periodic basis, when convenient, to discuss sales issues.
(c) It is understood that it is illegal for either Buyer or GORI to refuse to
display or sell the Dwellings because of race, color, religion, national origin, sex,
marital status or physical disability.
(d) In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all costs incurred therewith, including
reasonable attorneys' fees.
(e) This Agreement constitutes the entire Agreement between Buyer and GORI
and supersedes all prior discussions, negotiations, and agreement, whether oral or
written. No amendment, alteration or withdrawal of this Agreement shall be valid
or binding unless made in writing and signed by both Buyer and GORI. This
Agreement shall be binding upon the heirs, successors, and assigns of the parties.
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IN WITNESS WltEREOF, Buyer and GORI have caused this Agreement to be executed
the date shown on Page 1 above.
Signed, sealed and delivered "Buyer" Io ~ay /4T- 7~raeP 090
in the presence of: /l~r/[Plor/do J~'
Title: Drt~; ~I
Print Name:
Print Name: KIM D. DAVIDSON
Print Name:
By: Thomas W. Sansbury/
Title' President /
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