EXHIBIT A LIST OF PERMITTED USES ADDIES CORNER MPUD

Transcription

1 EXHIBIT A LIST OF PERMITTED USES ADDIES CORNER MPUD Regulations for development of the Addies Corner MUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any site development plan or plat. Where this MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: I. Tract A Permitted Commercial Principal Uses: A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses (N/A) 7. Architectural services (8712) 8. Auto & Home Supply Stores (5531) 9. Bakeries, Retail (5461) 10. Banks, commercial: national (6021) 11. Banks, commercial: not chartered (6029) 12. Banks, commercial: state (6022) 13. Banks, savings: Federal (6035) 14. Banks, savings: not federally chartered (6036) 15. Barber Shops (7241) 16. Beauty Shops (7231) 17. Book Stores (5942) 18. Business Associations (8611) 19. Business Consulting Services, not elsewhere classified (8748) 20. Camera & Photographic Supply Stores (5946) 21. Candy, Nut & Confectionery Stores (5441) 22. Carpet and Upholstery Cleaning (7217) 23. Civic, Social and Fraternal Associations (8641) 24. Clothing & Accessory Stores, Men's & Boy's (5611) 25. Clothing Stores, Women's (5621) 26. Collection Services (7322) 27. Commodity Contracts Brokers & Dealers (6221) 28. Commercial Art & Graphic Design (7336) 29. Commercial Photography (7335) 30. Commercial Economic, Sociological & Educational Research (8732) 31. Computer & Computer Software Stores (5734) Page 1 of 14

2 32. Computer Facilities Management Services (7376) 33. Computer Maintenance and Repair (7378) 34. Computer Processing & Data Preparation Services (7374) 35. Computer Programming services (7371) 36. Computer Rental & Leasing (7377) 37. Credit Reporting Services (1323) 38. Credit Unions, Federal (6061) 39. Credit Unions, State: not federally chartered (6062) 40. Dairy Products Stores (5451) 41. Data Processing Consultants (7379) 42. Dance Studios, Schools & Halls (7911) 43. Data Processing Services (7374) 44. Dental Laboratories (8072) 45. Dentist Office/Clinic (8021) 46. Direct mail advertising service (7331) 47. Direct Selling Establishments (5963) 48. Doctors - Medicine Offices & Clinics (8011) 49. Doctors - Osteopathy Offices & Clinics (8031) 50. Doctors - Chiropractors Offices & Clinics (8041) 51. Drapery, Curtain & Upholstery Stores (5714) 52. Drinking Places (Alcoholic Beverages); Bottle Clubs and Cabarets are (5813) not permitted 53. Drug Stores (5912) 54. Eating Places (5812) 55. Engineering services: industrial, civil, electrical, mechanical, marine (8711) and design 56. Executive Offices (9111) 57. Executive & Legislative Offices Combined (9131) 58. Fire, Marine & Casualty Insurance Services (6331) 59. Floor Covering Stores (5713) 60. Florists (5992) 61. Food Stores, Miscellaneous (5499) 62. Foreign Branches & Agencies of Banks (6081) 63. Foreign Trade & International Banking Institutions (6082) 64. Furniture Stores (5712) 65. Funeral home or parlor (7261) 66. Gasoline Service Stations (5541) 67. General Government, not elsewhere classified (9199) 68. Gift, Novelty & Souvenir Shops (5947) 69. Grocery Stores (5411) 70. Hair weaving or Replacement Services (7299) 71. Hardware Store (5251) 72. Health practitioners - not elsewhere classified (8049) 73. Hobby, Toy & Games Shops (5945) 74. Home health care services (8082) 75. Hotels & Motels (7011) 76. Household Appliance Stores (5722) 77. Hospital & Medical Healthy Services (6324) 78. Information Retrieval Services (7375) 79. Insurance Carriers, not elsewhere classified (6399) 80. Investment Advice (6282) 81. Jewelry Stores (5944) Page 2 of 14

3 82. Land Subdividers & Developers (6552) 83. Landscape architects, consulting & planning (0781) 84. Laundries (Coin Operated) & Dry-cleaning (7215) 85. Legal services (8111) 86. Libraries (except regional libraries) (8231) 87. Life Insurance Services (6311) 88. Liquor Stores (5921) 89. Loan brokers (6163) 90. Luggage & Leather Goods Stores (5948) 91. Management Services (8741) 92. Management Consulting Services (8742) 93. Markets, Meat & Fish (Seafood) Markets (5421) 94. Markets, Fruit & Vegetable Markets (5431) 95. Medical Equipment Rental & Leasing (7352) 96. Medical Laboratories (8071) 97. Membership Organizations, not elsewhere classified (8699) 98. Miscellaneous amusement and recreational services not elsewhere (7999) classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 99. Miscellaneous Business Credit Institutions (6159) 100. Miscellaneous General Merchandise Stores (5399) 101. Miscellaneous Home Furnishings Stores (5719) 102. Miscellaneous personal services, not elsewhere classified excluding (7299) massage parlors, steam baths, tattoo parlors and Turkish baths Miscellaneous Retail Stores, not elsewhere classified (5999) 104. Mortgage Bankers & Loan Correspondents (6162) 105. Musical Instrument Stores (5736) 106. News Dealers & Newsstands (5994) 107. Nondeposit Trust Facilities (6091) 108. Optical Goods Stores (5995) 109. Optometrists - offices & clinics (8042) 110. Paint, Glass & Wallpaper Stores (5231) 111. Pension, Health and Welfare Funds Services (6371) 112. Personal Credit Institutions (6141) 113. Photocopying & Duplicating Services (7334) 114. Photographic Studios, Portrait (7221) 115. Photofinishing Laboratories (7384) 116. Physical Fitness Facilities (permitted only when physically integrated (7991) and operated in conjunction with another permitted use in this district - no stand alone facility permitted) 117. Podiatrists - offices & clinics (8043) 118. Political Organizations (8651) 119. Professional Membership Organizations (8621) 120. Professional Sports Clubs & Promoters (7941) 121. Public Relations Services (8743) 122. Radio, Television & Consumer Electronics Stores (5731) 123. Radio, Television & Publishers Advertising Representatives (7313) 124. Real Estate Agents and Managers (6531) 125. Record & Prerecorded Tape Stores; adult video rental or sales (5735) prohibited 126. Religious Organizations (8661) Page 3 of 14

4 127. Repair Shops & Related Services, not elsewhere classified (7699) 128. Retail Nurseries, Lawn & Garden Supply Stores (5261) 129. Secretarial and Court Reporting Services (7338) 130. Security Brokers, Dealers & Flotation Companies (6211) 131. Security and Commodity Exchanges (6231) 132. Sewing, Needlework & Piece Goods Stores (5949) 133. Services Allied with the Exchange of Securities or Commodities, not (6289) elsewhere classified 134. Shoe Repair Shops and Shoeshine Parlors (7251) 135. Short-Term Business Credit Institutions, except agricultural (6153) 136. Social Services, Individual & Family (activity centers, elderly or (8322) handicapped only; day care centers for adult & handicapped only) 137. Sporting Goods Stores & Bicycle Shops (5941) 138. Stationery Stores (5943) 139. Stores, Children's and Infants Wear (5641) 140. Stores, Family Clothing (5651) 141. Stores, Miscellaneous Apparel & Accessory (5699) 142. Stores, Shoes (5661) 143. Stores, Women's Accessory & Specialty (5632) 144. Surety Insurance Services (6351) 145. Surveying Services (8713) 146. Tanning Salons (7299) 147. Tax Return Preparation Services (7291) 148. Title Abstract Offices (6541) 149. Title Insurance Services (6361) 150. Tobacco Stores & Stands (5993) 151. Travel Agencies (no other transportation services) (4724) 152. Used Merchandise Stores (5932) 153. Veterinary services for animal specialties (0742) 154. Video Tape Rental, adult video rental or sales prohibited (7841) 155. Watch, Clock & Jewelry Repair (7631) II. Tract A or Tract C - Permitted Group Housing/Retirement Community/Principal Uses: A. Group Housing, 8051 Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified B. Independent Living Units C. Assisted Living Units D. Retirement Community III. Tract C Permitted Residential Principal Uses: IIIIV. A. Dwelling Units - Multi-family and Townhouse B. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( BZA ) or the Hearing Examiner. Tract AC - Permitted Accessory Uses: Page 4 of 14

5 Accessory uses customarily associated with the permitted principal uses, including, but not limited to: A. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. B. Water management facilities to serve the project such as lakes. C. Clubhouses, Community administrative facilities D. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. CE. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. IVVI. Tract B - Permitted Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the MPUD Master Plan, that is required to be a minimum of 8.85 acres, other than those uses allowed by Section H.1.h. of the LDC, or any successor provision. VII. Group Housing/Retirement Community Commitments: The developer of the group housing/retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including but not limited to, independent living units, assisted living units or skilled nursing units: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. Page 5 of 14

6 7. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Page 6 of 14

7 EXHIBIT B DEVELOPMENT STANDARDS ADDIES CORNER MPUD The tables below sets forth the development standards for land uses within the Addies Corner MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. DEVELOPMENT STANDARDS FOR TRACT A COMMERCIAL DISTRICTAND TRACT C GROUP HOUSING ACCESSORY PRINCIPAL USES USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) (See paragraph below From Immokalee Road Canal ROW 25 ft. SPS From Eastern Project Boundary 25 ft. 15 ft From Western Project Boundary 25 ft. 15 ft. From Northern Project Boundary As Shown ft. Minimum ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights** 10 Ft. MAXIMUM HEIGHT ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. Office Buildings 55 ft. 65 ft. 35 ft. Group Housing 45 ft. 65 ft. 35 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 135,000 sq. ft. *** N/A GROUP CARE FACILITIES Maximum 0.60 F.A.R. up to 26 units per acre***, **** & ***** N/A HOTEL & MOTEL Maximum 26 units per acre ***, **** & ***** (F.A.R. Not N/A Applicable) * No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). ** Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Total allowable commercial square footage is 135,000 of commercial development. For each acre of Group Housing/Retirement Community or Hotel/Motel or fraction thereof developed, 10,914 S.F. of commercial development will be reduced on Tract "A". **** The maximum height and setbacks shall be the same as those for office buildings. ***** The preserve area shall not be used in calculating the F.A.R. for C.C.R.C. use or the density for Hotel/Motel. Page 7 of 14

8 II. DEVELOPMENT STANDARDS FOR TRACT C RESIDENTIAL DISTRICT PRINCIPAL STRUCTURES TOWNHOUSE MULTI-FAMILY Minimum Lot Area 1,440 SF N/A Minimum Lot Width 18 feet N/A Minimum Lot Depth 80 feet N/A Minimum Front Yard Setback*2 25 feet 25 feet Minimum Side Yard Setback*1 0/10 feet 0/10 feet Minimum Rear Yard Setback 15 feet 15 feet Maximum Building Height Zoned Actual 45 feet 50 feet 55 feet 65 feet Minimum Distance Between Buildings 20 feet 20 feet Floor Area Min. (S.F.), per unit 750 SF 700 SF Minimum PUD Boundary Setback 20 feet 20 feet Minimum Preserve Setback 25 feet 25 feet ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet Minimum Side Yard Setback 10 feet 10 feet Minimum Rear Yard Setback 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet Minimum Distance Between Buildings 0/10 feet 0/10 feet Maximum Height Zoned Actual 20 feet 25 feet 20 feet 25 feet *1 Minimum separation between adjacent dwelling units, if detached, shall be 10. *2 Front yards shall be measured from back of curb for private streets or drives, and from ROW line for any public roadway. Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. IIIII. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST In the event amendments are made to the Tree Farm MPUD to the east of this MPUD to allow for a unified development plan of both properties, a zero setback shall be allowed along the common property line of this MPUD. IIIIV. ALTERNATIVE LANDSCAPING EAST PROPERTY LINE A minimum 6-foot height hedge, minimum 3-foot in spread, planted a maximum 4-feet on center, 100% opaque at planting shall be installed along the east property line, in lieu of a wall, along with other requirements of a Type B Landscape buffer. IVVI. A stipulation has been added that outside amplified music is prohibited. Page 8 of 14

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10 SITE SUMMARY GROSS SITE AREA 23.33± ACRES PUBLIC ROW/CANAL 1.50± ACRES NET SITE AREA 21.83± ACRE RESIDENTIAL 9.82± ACRES (0.45%) COMMERCIAL 4.32± ACRES (0.20%) AMENITY AREA 0.59± ACRES (0.03%) PRESERVE 3.45± ACRES (0.16%) WATER MNGMNT 0.95± ACRES (0.04%) BUFFERS/OPEN SPACE 2.70± ACRES (0.12%) TRACT A COMMERCIAL NOTES MAXIMUM 75,000 S.F. TRACT B - PRESERVE REQUIRED: 3.45± ACRES (13.81 ± ACRES NATIVE VEGETATION X 25%) PROVIDED: 3.45± ACRES TRACT C RESIDENTIAL MAXIMUM 349 D.U. (16 DU/AC) GROUP HOUSING 0.6 FAR OPEN SPACE: REQUIRED: 30% PROVIDED: 30% 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. 3. A 10' WIDE TYPE 'D' BUFFER BETWEEN THE PROPOSED INTERNAL ROW AND THE COMMERCIAL AND RESIDENTIAL TRACTS SHALL BE PROVIDED. 4. THE EXISTING PRESERVES WILL MEET BUFFER REQUIREMENTS AFTER EXOTICS ARE REMOVED. INGRESS/EGRESS # DEVIATIONS ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES RPUD RESIDENTIAL 10' WIDE TYPE "A" LANDSCAPE BUFFER ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES RPUD RESIDENTIAL POTENTIAL SHARED ACCESS 10' WIDE TYPE "A" LANDSCAPE BUFFER ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES RPUD PRESERVE TRACT B PRESERVE NO BUFFER REQUIRED TRACT C (RESIDENTIAL AND GROUP HOUSING) AMENITY AREA 3 GradyMinor SEE NOTE #3 REGARDING BUFFER TRACT A (COMMERCIAL) WATER MANAGEMENT AREA SEE NOTE #3 REGARDING BUFFER 20' WIDE TYPE "D" LANDSCAPE BUFFER Civil Engineers Land Surveyors Planners Landscape Architects Cert. of Auth. EB Cert. of Auth. LB Business LC Bonita Springs: Fort Myers: ' WIDE TYPE "A" LANDSCAPE BUFFER TREE FARM MPUD UNDEVELOPED FUTURE SHARED ACCESS 10' WIDE TYPE "A" LANDSCAPE BUFFER EDGE OF WATER 0 100' 200' SCALE: 1" = 200'

11 EXHIBIT D LEGAL DESCRIPTION ADDIES CORNER MPUD The North one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; and The South one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the south 100 feet thereof; and The East one-half (1/2) of the East one-half (1/2) of the East one-half (1/2) of the Southwest one-quarter (1/4) of the Southeast one-quarter (1 /4) of Section 22, Township 48 South, Range 26 East, excepting the south 100' thereof. Page 10 of 14

12 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC ADDIES CORNER MPUD 1. Deviation #1 seeks relief from LDC Section H.1.a., commercial and industrial districts, which require if located on a contiguous residentially zoned property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district, to not require a wall within a Type B buffer along the east property line of this MPUD adjacent to the Tree Farm MPUD to the east. (See Exhibit C, MPUD Master Plan.) As mitigation for the wall, a 6-foot height hedge shall be required in addition to the requirements of a Type B Landscape buffer. (Also, see Exhibit B - Development Standards pertaining to Landscaping). 2. Deviation #2 seeks relief from LDC Section D.1 to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for a Group Housing/Retirement Community. 3. Deviation #3 seeks relief from LDC Section B.1.b, Development Standards for Signs within Residential Districts, which requires a minimum ten foot setback from the sign to the property line, to permit a ground sign to be located within the Immokalee Road Right-of-Way until the future roadway improvements are completed. 4. Deviation #4 seeks relief from LDC Section G - Parking Spaces Required for Multi-Family Dwellings, which requires 1 parking space per residential unit plus 0.75 guest spaces for one bedroom residential units and 1 guest space for two bedroom and larger units. This deviation proposes to establish the required number of parking spaces for leased multifamily residential units 1.65 spaces per one bedroom unit and 1.8 spaces for two bedroom and larger units (inclusive of resident and guest parking spaces). 5. Deviation #5 seeks relief from LDC Section G - Dumpsters and Recycling, which requires that multi-family rental units provide dumpsters or a compactor to allow for rental units to have the option for building staff to transport bulk containers from storage areas internal to the buildings to designated areas for pick up by the solid waste and recycling hauler. 6. Deviation #6 seeks relief from LDC Section N Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards. The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to reduce the required right-of-way width for local streets to 50 feet. Page 11 of 14

13 EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ADDIES CORNER MPUD l. TRANSPORTATION REQUIREMENTS (Amended by Transportation Staff on 2/4/10) changes accepted on 3/26/10 and then CAO edits put in) 1. The Owner will has dedicated in fee right-of-way for the purpose of relocating the Cocohatchee Canal as depicted on Tract A on the MPUD Master Plan, that includes compensatory right-of-way for the turn lane into the project. This area comprises ± 1.62 acres and was based on the most current information available at the time of approval of this ordinance. The property owner will dedicate to Collier County this right-of-way within 90 days of written request of the County at no cost to the County. The County will be responsible to relocate the canal, except only those portions immediately adjacent to (approximately 100' each side of) the proposed bridge. Collier County Transportation will provide design direction to the developer as to the ultimate alignment of the relocated canal prior to the time of SDP approval. See O.R. Book 5087, Page The Owner, his successor or assigns shall provide a roadway connection available to adjacent properties to facilitate interconnection to the properties property to the east (the Tree Farm MPUD) and will reserve land for an optional roadway connection to the West (Mirasol PUD), at the time of submittal of the first development order application. 3. When Owner constructs the bridge providing connection to lmmokalee Road it shall be constructed in a location consistent with the future location of the Cocohatchee Canal to accommodate the ultimate canal configuration. This will include relocation of the canal immediately adjacent to (approximately 100' each side of) the proposed bridge. 4. The Owner, his successor, or assigns agrees to construct at no cost to the County a 12' multi-use pathway along the North side of the future location of the Cocohatchee Canal, within property owned by Collier County, which shall connect to the pathway to the West. A 10' pathway may be substituted at this location if consistent with the County's Comprehensive Pathway Plan. This pathway shall be constructed prior to issuance of the first Certificate of Occupancy. 5. The development within this project shall be limited to 1,044 unadjusted twoway PM peak hour trips (or 708 adjusted two-way, PM peak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. The terms "adjusted" and "unadjusted" shall reference allowances for pass-by and internal capture trip reductions. For Page 12 of 14

14 purposes of calculation of the weekday PM peak hour trip generation of this PUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. 6. The Owner, his successor, or assigns agrees to be responsiblehas paid for 2% of the construction costs (not to exceed $50,000) to be considered the PUD's proportionate share of the improvements to the intersection of C.R. 951 and Immokalee Road. Payment shall be due within 90 days of receipt of the County's written request. The term "improvements", in this paragraph, means the relocation of the canal, the at-grade improvement of turning movements and turn lanes, all other ancillary at-grade improvements (curbs, bike lanes, etc), construction of a relocated bridge over the Cocohatchee Canal, and signalization for all movements. The term does not refer to potential future, grade-separated intersection improvements. Check received 12/17/15. II. ENVIRONMENTAL 1. If no residential units are constructed: Based on total site acreage of acres and acres of native habitat area, 3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan, Exhibit C, shall provide 8.85 acres of preserve area. 2. If residential units are constructed: Based on total site acreage of acres and acres of native habitat area, 3.45 acres (25% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan, Exhibit C, shall provide 3.49 acres of preserve area. 23. As a part of the Environmental Resource Permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE), recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, and any other protected species which inhabit or utilize the areas within the project. 4. The owner, his successors, or assigns agrees to be responsible for permitting the impacts to wetlands within the 1.5 +/- acre right-of-way parcel that was dedicated to Collier County. As a part of the first development order submittal for the site, the owner, his successors, or assigns will clear the 1.5 +/- right-ofway parcel of vegetation and place the sufficient fill required to impact the wetlands within the right-of-way parcel. Collier County will reimburse the Page 13 of 14

15 developer for the cost of mitigation, clearing, and filling of the right-of-way parcel. 5. A portion of the Addie s Corner PUD is owned by Collier County and proposed to be utilized for future Immokalee Road improvements. The Developer shall include the County s future roadway plans in the SFWMD and USACOE permit applications for development of the Addie s Corner PUD provided that the plans are provided timely and do not delay the permitting of the Developer s project. The County shall timely provide any information required by the SFWMD and USACOE during each agency s review of the Developer s project. In the event the County fails to timely provide the roadway plans and/or information requested by the SFWMD or USACOE, the Developer s obligation to permit the road way improvements is terminated. The Developer shall be responsible for the costs associated with obtaining the SFWMD and USACOE permits; however, Collier County shall be responsible for all other costs related to the construction of road improvements including, but not limited, to (1) construction of the roadway improvements, (2) the costs associated with obtaining mitigation credits associated with the impacts within the County owned portion of the project, (3) the costs of keeping the permits active with regard to the road improvements and (4) the costs of transferring the permits to Collier County with regard to the roadway improvements. Upon approval by the SFWMD and ACOE, the Developer shall be permitted to clear vegetation within the County owned portion of the project and maintain this property until such time as Collier County proceeds with the planned right-of-way improvements. III. MISCELLANEOUS 1. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits must be obtained before commencement of the development Page 14 of 14