DEVELOPMENT AGREEMENT (Camprop-Corkscrew Farms) THIS DEVELOPMENT AGREEMENT (hereinafter, "Agreement") is entered into this _____ day of ___________ 20___, by and between: LEE COUNTY, a political subdivision and charter county of the State of Florida (hereinafter “County”), having its principal office at 2115 Second Street, Fort Myers, FL 33901; and THE PLACE AT CORKSCREW, LLC, a Florida limited liability company (hereinafter “PLACE” or "Developer"), whose address is 4954 Royal Gulf Circle, Fort Myers, FL 33966. WHEREAS, the Florida Local Development Agreement Act, Sections 163.3220163.3243, Florida Statutes ("the Act"), authorizes a local government to enter into a development agreement in order to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in assuring there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the County has adopted Chapter 2, Article III of the County's Land Development Code to enable the County to implement the provisions of the Act; and WHEREAS, PLACE owns approximately 1361.1 +/- acres of land located in Lee County, said property being legally described in Exhibit "A" attached hereto (hereinafter, "the Property"); and WHEREAS, PLACE filed an application for a Comprehensive Plan Amendment (hereinafter, "CPA") and an application for a Residential Planned Development rezoning (hereinafter, "RPD Rezoning") for the Property, requesting approval of residential uses and ancillary uses related thereto; and WHEREAS, the CPA and RPD Rezoning were approved by Lee County on August 19, 2015, and November 18, 2015, respectively; and WHEREAS, the RPD Rezoning is pursuant to the application known as DCI 2015-00004 and all references herein to the Project is a reference to the project permitted by the county pursuant to DCI 2015-00004 and Resolution Z-15-025 (Resolution Z-15-025 identifies the project as Corkscrew Farms). WHEREAS, the County and Developer desire to enter into this Agreement to provide 1 Draft for Discussion purposes January 13, 2016 appropriate mitigation for the transportation impacts associated with the CPA and RPD Rezoning; and WHEREAS, the County and Developer seek to ensure adequate road, sewer, water, and Fire and EMS facilities and services are available to serve PLACE through this Agreement; and WHEREAS, the County conducted two public hearings on __________, 201_, and ____________, 201_, prior to entering into this Agreement, both of which were properly noticed by publication in the News-Press and by mailed notice to the affected property owners in accordance with Section 163.3225(2), Florida Statutes. NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of the benefits to accrue to each Party, the County and the Developer agree as follows: 1. Recitals. The foregoing recitations are true and correct and are incorporated herein by reference. All exhibits to this Agreement are deemed a part hereof. 2. Property Subject to this Agreement. The Property described on the attached Exhibit “A” is subject to this Agreement. The term Property and Project are used interchangeably in this agreement. 3. Ownership. PLACE represents that it is the fee owner of the Property and as such may lawfully enter into this Agreement. 4. Proposed Development of the Property. Property will comply with the following: The Proposed Development of the A. A maximum of 1325 single family/two family attached residential dwelling units and customary accessory uses and structures may be developed on the Property. An amenity center and other ancillary uses and facilities, including but not limited to a clubhouse, mail kiosk, and other private recreational uses, may also be constructed on the Property. B. No building shall be more than 35 feet in height, except that the clubhouse and buildings within the amenity center may be as high as 45 feet, as measured pursuant to the Lee County Land Development Code. 5. Consistency with Comprehensive Plan. As permitted by the CPA and RPD Rezoning, the County finds that the Proposed Development for the Property set forth above is consistent with the Lee County Comprehensive Plan and Lee County land development regulations. 6. Public Facilities. Development on the Property: A. Potable Water: The following public facilities will serve the Proposed Potable water will be supplied by Lee County Utilities and LCU presently has adequate capacity at the Corkscrew Water Treatment Plant to serve the 2 Draft for Discussion purposes January 13, 2016 Proposed Development. B. Sanitary Sewer: Wastewater services will be provided by Lee County Utilities and LCU presently has adequate capacity at the Three Oaks Waste Water Treatment Plan to serve the Proposed Development. C. Solid Waste: Solid waste service will be provided by the hauler franchised by the County and the Lee County waste-to-energy facility, and is presently adequate to serve the Proposed Development. D. Drainage: Subject to the requirements of paragraph 7 below, drainage will be provided for the Project in accordance with the applicable environmental resource permit ("ERP") to be issued by the South Florida Water Management District (SFWMD) and will be designed and constructed in compliance with all applicable federal, state, and county standards and requirements. E. Fire and Rescue Fire control and rescue services will be provided by the Estero Fire Rescue District, and EMS will be provided by Lee County Public Safety. Such services are adequate to serve the Proposed Development. 7. Development Permits Needed for Proposed Development. A list governmental permits needed for the Proposed Development is set forth below: of all South Florida Water Management District Environmental Resource Permit South Florida Water Management District Water Use Permit (dewatering) South Florida Water Management District Water Use Permit (irrigation) Lee County Development Orders Lee County Building Permits FDEP Wastewater Permit LCDOH Potable Water Permit Lee County Vegetation Removal Permit U.S. Army Corps of Engineers Section 404 Permit Lee County Right of Way Permit The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 3 Draft for Discussion purposes January 13, 2016 8. Developer Commitments and Obligations. For and in consideration of the benefits received pursuant to this Agreement, the Developer agrees as follows: A. Pursuant to Policy 38.1.9 of the Lee Plan, the County is undertaking a transportation proportionate share study which is to be completed by the County in 2017. Upon completion of the Roadway Improvement Study, the County will determine the proportionate share cost for roadway improvements identified in the study (hereinafter, “PSC”). The County and Developer agree that traffic impacts anticipated from the development approved pursuant to the CPA and RPD Rezoning will be mitigated by the Developer as follows: 1. In the event the Proportionate Share Study is not adopted prior to the time that residential building permits for vertical development of any portion of the Project are issued, and the Developer is ready to proceed then the Developer will pay the proportionate share payment in accordance with the following: a. Payment made at time of Residential Building Permit Prior to Completion of the Proportionate Share Study. The Developer, or the Developer’s successor in interest, shall pay Lee County all impact fees due at the rate in effect at the time of permit issuance plus a $1600 proportionate share payment per unit for each residential building permit issued, a residential building is either a single family home or a two family attached unit. The entity that pays the impact fee is the impact fee payer. The entity that pays the proportionate share is the proportionate share payer. Lee County will retain the proportionate share funds paid by the Developer in a separate account until the Proportionate Share Study is completed. The fees will be paid at the time of building permit. b. If the Proportionate Share Study provides that the per residential unit proportionate share amount is less than $1600 over impact fees, the overpaid amount for each permit issued prior to the completion and acceptance of the Proportionate Share Study shall be applied to the Proportionate Share payment described in Section 2 below. If it is determined that the per unit proportionate share amount exceeds $1600 per residential unit over impact fees, then the Project proportionate share shall be capped at $1600 over impact fees. 2. The County will determine the project’s proportionate share of the roadway improvements identified in the Study. If the Proportionate Share amount is greater than impact fees due, the County will notify Developer in writing of the amount of the proportionate share calculated for the Development. The Developer will pay the Phase I proportionate share, less any overpayments made under 1.a. above, upon the later of (i) thirty (30) days from the date of Proportionate Share Study acceptance by the County, or (ii) December 31, 2016. The Developer will pay the Phase II proportionate share prior to the issuance of the first development order for Phase II of the Project, or December 31, 2020, whichever comes first. Phase I includes approximately 628 units. Phase II includes approximately 697 units. Should the Notice to Proceed for the capacity improvements 4 Draft for Discussion purposes January 13, 2016 identified in the Proportionate Share Study be issued prior to December 31, 2020, the County shall notify the Developer of the issuance of the Notice to Proceed and all proportionate share funds due and owing at that time must be paid within 120 days of the receipt of the written notice from the county. The proportionate share payment may not exceed $1600 above impact fees per unit. Once the full proportionate share amounts are paid the Project shall be fully vested. Nothing in this agreement shall cap or limit the impact fees. All impact fees will be at the rate in effect at the time impact fees are paid. No further building permits or certificate of occupancy in the respective phases may be issued until the required proportionate share payment is made. Phase I and Phase II are depicted on the attached Exhibit B. Should the Developer determine that the full 1325 units will not be constructed, then the Developer shall obtain an administrative amendment to the zoning that reduces the total number of permitted and available units. If the reduction in units is approved prior to the payment of the Phase II proportionate share then the Phase II proportionate share shall be based on the total number of approved and unbuilt units. If the administrative amendment is approved after the payment of the Phase II proportionate share, then the proportionate share payer can seek a refund of the excess proportionate share payment. The refund must be requested in writing within three years of the issuance of the administrative amendment that reduces the total number of permitted and available units. The refund must be requested prior to the County initiation of the roadway improvements identified in the Study. 3. In the event impact fees are replaced by another fee, assessment, or charge of general applicability for the mitigation of road impacts from new development, payment of the new fee, assessment, or charge will replace impact fees in the foregoing calculations for any impact fees not paid at the time the new fee, assessment or charge of general applicability is implemented. 4. The proportionate share amount, or a portion thereof, can be paid by the use of road impact fee credits or cash. 5. No building permits for development for which traffic mitigation has been prepaid will be issued by the County unless the permit applicant provides to the County by a notarized form executed by the Developer identifying the number of dwelling units authorized by the Developer to be built. The form will be in substantially the same format as the form attached hereto as Exhibit “C”. The County will not issue building permits for any dwelling unit that exceeds the amount of dwelling units authorized by the Developer. B. Within 90 days from the effective date of this Agreement, the Developer shall convey a five (5) acre parcel of land located at the southeastern corner of the Property by deed as more specifically provided in Exhibit “D”. The Developer will contribute Seventeen Thousand Dollars ($17,000.00) toward radio enhancements to the Estero Fire Rescue District within thirty (30) days after the first plat is recorded. The Developer is entitled to Fire and EMS impact fee credits for the full value of the donation of land in accordance with Lee County regulations 5 Draft for Discussion purposes January 13, 2016 concerning impact fee credits. The Developer may be entitled to Fire and EMS impact fee credits for the full value of the equipment purchased if authorized in accordance with Chapter 2 of the Land Development Code. If the Estero Fire Department does not agree to spend the money on creditable equipment then the Developer shall not be obligated to provide the seventeen thousand dollars ($17,000.00). The use of the five acre parcel is limited to Fire and EMS purposes only. C. The Developer shall provide to Lee County EMS on or before July 1, 2019 up to Two Hundred Thousand Dollars ($200,000.00) toward the County purchase of an ambulance and equipment for the ambulance. Upon application, the Developer shall receive Fire and EMS impact fee credits in an amount equal to the total capital contribution for the ambulance and the ambulance equipment. Lee County EMS must spend the funds on equipment that is authorized by Chapter 2 of the Land Development Code as a creditable expenditure. The Developer is not obligated to provide any funds for equipment that is not creditable under Chapter 2. The parties agree that if the funds would be expended on a replacement ambulance then the payment does not address new growth and it does not address the impacts of the project, in which case the funds are not due and owing. The Developer is only obligated to pay the funds if they are going to be used for an ambulance and related equipment that is needed due to growth in the District. The Developer is entitled to Fire and EMS impact fee credits for the full value of the contribution for the ambulance purchased if authorized in accordance with Chapter 2 of the Land Development Code. D. The Developer and Lee County Utilities will identify system upgrades, extensions, improvements, and requirements needed to extend water and sewer to the Property during the development order review. E. The Developer's obligations under subparagraphs above are expressly contingent upon and may not be enforced by the County until the expiration of all applicable periods for judicially or administratively appealing or challenging the CPA, the RPD Rezoning, the U.S. Army Corps of Engineers permit issued for the Property pursuant to Section 404 of the Clean Water Act (“Corps Permit”), and the South Florida Water Management District Environmental Resource Permit (“ERP”) (the CPA, RPD Rezoning, Corps Permit, and ERP being collectively referred to herein as “the Permits”), without an appeal or challenge being filed to any or all of the Permits or, if filed, until such appeal(s) or challenge(s) are decided or resolved in a manner that upholds the validity of the Permits as approved by the issuing governmental authority and the level of development described in paragraph 4 above. 9. Applicable Land Use Regulations. Pursuant to Section 163.3233, Florida Statutes, the Proposed Development within the Property shall be subject to the County’s land development regulations, Resolution Z-15-025, and policies governing development as of the Effective Date of this Agreement. The County may apply subsequently adopted regulations and policies only in accordance with Section 163.3233(2), Florida Statutes. 10. Duration of Agreement. This Agreement shall remain in full force and effect for twenty (20) years from its Effective Date unless terminated earlier as provided in Paragraphs 11 and 12 of this Agreement. The duration of the Agreement may be extended with the Parties’ 6 Draft for Discussion purposes January 13, 2016 mutual consent in accordance with Section 163.3229, Florida Statutes. 11. Amendment and Termination. A. This Agreement may be amended or terminated with the Parties’ mutual consent, in writing signed by both Parties. B. This Agreement will terminate upon expiration of the term of the Agreement specified in paragraph 10 above, without said term having been extended by the Parties in writing. C. At PLACE’s option, PLACE may terminate this Agreement if any judicial or administrative challenge or appeal of the approved CPA or RPD Rezoning is not decided or resolved in a manner that upholds the validity of the CPA or RPD Rezoning as approved by the County and the level of development described in paragraph 4 above, or upon completion of the Development. 12. Periodic Review. The County will review this Agreement annually beginning on the first anniversary of the Effective Date pursuant to Section 163.3235, F.S., to determine if there has been good faith compliance with the terms of this Agreement. If the County determines, on the basis of substantial competent evidence, that there has been a failure to comply in good faith with the terms of this Agreement, the County may, after notice to Developer specified in paragraph 14 below and a public hearing, modify this Agreement to ensure good faith compliance or the County may terminate the Agreement. 13. Notices. All notices required or permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses, or to such other person or address as any Party may designate from time to time in writing: If to the Developer: The Place at Corkscrew, LLC 4954 Royal Gulf Circle Fort Myers, FL 33966 Attn: Joseph Cameratta If to the County: Lee County 2115 Second Street Fort Myers, FL 33901 Attn: County Manager With a copy to: Lee County 2115 Second Street Fort Myers, FL 33901 Attn: Lee County Attorney 14. Remedies. Any material breach of this Agreement may be enforced by either Party as against the other by appropriate action in law or equity filed in a court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has 7 Draft for Discussion purposes January 13, 2016 been given notice and ninety (90) days in which to cure the default. If the default cannot reasonably be cured within the ninety (90) day period, such period shall be extended if the cure is commenced within such ninety (90) days and the defaulting Party is proceeding with due diligence for such period of time reasonably required to complete such cure. 15. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Lee County, Florida. 16. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or unenforceable, the remaining portions or provisions of this Agreement shall not be affected or impaired, each remaining provision shall remain in full force and effect, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 17. Entire Agreement; Termination of Prior Agreements. This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, regarding the Proposed Development of the Property between the Parties. 18. Conflict of Laws. Pursuant to Section 163.3241, Florida Statutes, if state or federal laws are enacted subsequent to the execution of this Agreement which are applicable to and preclude either Party’s compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 19. Covenants Running with the Land and Successors and Assigns. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the Property as covenants running with the land, and this Agreement shall be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees, and assigns, and future property owners, Associations, and Development Districts. Upon prior notice and approval by the County, the obligations of the Developer may be assigned to one or more successor developers, property owners associations or to one or more CDDs, and the Developer shall thereafter be relieved of all obligations hereunder. Unless approved by the Board, any assignments granted hereunder will not apply to obligations incurred prior to the assignment. 20. Effective Date. This Agreement will become effective upon full execution by both Parties and recording of the Agreement in the Public Records of Lee County. As provided above, Developer's obligations are expressly contingent upon and may not be enforced by the County until the expiration of all applicable periods for judicially or administratively appealing or challenging the Permits without such an appeal or challenge being filed or, if filed, until such appeal or challenge is resolved in a manner that upholds the validity of the Permits as approved by the issuing governmental authority and the level of development described in paragraph 4 above. 21. Recording of Agreement. This Agreement will be recorded by the County in 8 Draft for Discussion purposes January 13, 2016 the Public Records of Lee County within fourteen (14) days of approval by the Lee County Board of County Commissioners. The costs of recording this Agreement will be paid by the Developer. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year written below. WITNESSES: THE PLACE AT CORKSCREW, LLC, a Florida limited liability company Print Name: Print Name By: Name: Title: STATE OF ____________________ COUNTY OF __________________ The foregoing instrument was acknowledged before me this _____ day of ______________, 2016, by _______________, as _________________ of The Place at Corkscrew, LLC, a Florida limited liability company, who is personally known to me or who produced ____________________ as identification. ___________________________ Notary Public Signature My Commission Expires: ___________________________ Type/Print Notary Public Name Commission No.:______________ 9 Draft for Discussion purposes January 13, 2016 ATTEST: LINDA DOGGETT, CLERK LEE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Franklin B. Mann, Chair Print Name APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY: Office of County Attorney Exhibits: 10 Draft for Discussion purposes January 13, 2016 a a and Associates, Inc Civil Engineers, Land Surveyors and Planners DESCRIPTION Parcel in Sections 23 and 24, Township 46 South, Range 26 East, and Section 19, Township 46 South, Range 27 East Lee County, Florida A tract or parcel of land lying in Sections 23 and 24, Township 46 South, Range 26 East and in Section 19, Township 46 South, Range 27 East, Lee County, Florida, said tract or parcel of land being those lands described in deed recorded in Instrument Number 2005000078253, less and except Parcels 103, 104A, 104B, 1040, 105 and 109, as described in Instrument Number 2007000176222, all in the Public Records of Lee County, Florida said tract or parcel of land being more particularly described as follows: Beginning at the Northeast corner of said Section 19 run along the East line of the Northeast Quarter (NE 1/4) of said Section 19 for 2,621.08 feet to the Southeast corner of said Fraction; thence run along the East line of the Southeast Quarter (SE 1/4) of said Section 19 for 2,427.68 feet to the Northeast corner of said Parcel 109; thence run along the Northerly and Westerly line of said Parcel 109 the following three (3) courses: for 1.25 feet; for 259.15 feet and for 145.00 feet to an intersection with the Northerly right of way line of Road, (100 feet wide right of way); thence run along said Northerly right of way line for 1,880.92 feet to an intersection with the Easterly line of the West Half (W 1/ 2) of the following: the South Half (S 1/ 2) of the West Three Quarters (W 3/4) of said Section 19, Less the West 2,310 feet; thence run along said Easterly line for 2,561.01 feet to an intersection with the North line of the South Half (S 1/ 2) of said Section 19; thence run along said North line for 830.92 feet to an intersection with the East line of the West 2,310 feet of said Section 19; thence run along said East line for 2,557.42 feet to an intersection with said Northerly right of way line of Road, (100 feet wide right of way); thence run along said Northerly right of way line for 2,265.68 feet to an intersection with the Easterly line of said Parcels 104C and 105; thence run along the Easterly, Northerly and Westerly line of said Parcels 104C and 105 the following four (4) courses: for 190.00 feet; for 43.96 feet; for 185.35 feet and for 190.00 feet to an intersection with said Northerly right of way line of Road, (100 feet wide right of way); thence run along said Northerly right of way line for 2,232.72 feet to an intersection with the Easterly line of said Parcel thence run along the Easterly, Northerly and Westerly line of said Parcel 104B the following four (4) courses: for 145.00 feet; for 211.66 feet; for 48.02 feet and for 145.00 feet to an intersection with said Northerly right of way line of Road, (100 feet wide right of way); thence run along said Northerly right of way line for 1,437.11 feet to an intersection with the Easterly line of said Parcel thence run along the Easterly, Northerly and Westerly line of said Parcel 104A the following five (5) courses: for 144.55 feet; for 38.90 feet to a point on a non-tangent curve; Westerly along an arc Post Of?ce Drawer 2800 0 Fort Myers, FL 33902 Phone (239) 461-3170 Fax (239) 461?3169 EXHIBIT and Associates, Inc Civil Engineers, Land Surveyors and Planners DESCRIPTION (CONTINUED) of a curve to the left of radius 1,044.55 feet (delta 11?07?17") (chord bearing (chord 202.43 feet) for 202.75 feet; for 38.84 feet and for 144.55 feet to an intersection with said Northerly right of way line of Road, (100 feet wide right of way); thence run along said ortherly right of way line the following three (3) courses: for 201.45 feet to a point of curvature; Westerly along an arc of a curve to the right of radius 1,050.00 feet (delta (chord bearing (chord 192.15 feet) for 192.42 feet to a point of tangency and for 504.76 feet to an intersection with the East line of the Southeast Quarter (SE 1/4) of said Section 23; thence run along the Northerly right of way line of Road, (100 feet wide right of way), as described in a deed recorded in Official Records Book 571, at Page 457, Lee County Records, for 1,069.13 feet to an intersection with the Easterly line of said Parcel 103; thence run along the Easterly and Northerly line of said Parcel 103 the following two (2) courses: for 145.00 feet and for 260.29 feet to an intersection with the West line of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of said Section 23; thence run along said West Line for 2,436.24 feet to the Northwest corner of said Fraction; thence run along West line of the East Half (E 1/ 2) of the Northeast Quarter (NE 1/ 4) of said Section 23 for 2,632.74 feet to an intersection with the North line of said Section 23; thence run along said North line for 1,338.27 feet to the Northwest corner of said Section 24; thence run along the North line of the Northwest Quarter (NW 1/4) of said Section 24 for 2,619.25 feet to the Northeast corner of said Fraction; thence run along the North line of the Northeast Quarter (NE 1/ 4) of said Section 24 for 2,619.44 feet to the Northwest corner of said Section 19; thence run along the North line of the Northwest Quarter (NW 1/4) of said Section 19 for 2,660.88 feet to the Northeast corner of said Fraction; thence run along the North line of the Northeast Quarter (NE 1/4) of said Section 19 for 2,662.24 feet to the POINT OF BEGINNING. Containing 1,361.27 acres, more or less. Bearings hereinabove nientioned are State Plane for the Florida West Zone (1983 NSRS 2007) and are based on the East line of the Northeast Quarter (NE 1/4) of said Section 19 to bear Scott A. Wheeler (For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 - Farms Page 2 NHHWOO Eg- 02:: mza?mm?zaurbzu we; En. gbmanobmn an: {hammooz mrr 05% mend Sm?m. It 39.03 260.36: Ill", 435 352 _w _Z_.mz_umn. mow vgzzim 3518mm 025s. mam EZD .24m2m=_mw OW Dm2m3mw OI>znm maz?abz m>mmD C102 magma. man?meazm. MZSZOZEMZJEI >72: 02 82mg. 24% O?ovvochzamm. 204. y? Jul 1E 42335 3325 :3 "in 5.9.8.1332: 59:02 2629933 xroau?? m?gvguaui?i V52: I'll-I. I 0.83 smug?2MB c.5424,? 29:: I REED Ill-Ill. I 152 agozu . SEQ $3.3 49.;an - . rL . . aw??gmgummcizzg . a mzmugz ?5.20 . 3.9311529 ooxxmomm? mo>u ~th Exhibit C Authorization Form AUTHORIZATION TO OBTAIN BUILDING PERMIT WITHOUT RELEASE OF THE PAYMENT OF PROPORTIONATE SHARE ROAD FEES The __________________ is hereby authorized by The Place at Corkscrew, LLC, to obtain a building permit in _________________________________ [describe lot, tract, or property] of the Place planned development. In accordance with the Development Agreement entered into between The Place at Corkscrew, LLC and the County dated ____________, 2016, this document is a limited authorization for the following amount of development to be permitted without the release of payment of proportionate share road fees. 1,325 dwelling units 50,000 sq.ft. of Club House / Amenity Facilities Building permits in excess of the number of dwelling units and/or Club House square footage identified above or for uses other than identified above are expressly prohibited. Developer's Authorized Representative STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ____ day of ___________, 20___, by _________________ as __________________ of The Place at Corkscrew, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public (SEAL) Print Name Commission Expiration Date 11 Draft for Discussion purposes January 13, 2016 EXHIBIT 31? raco and Associates. Inc. CIVIL LAND SURVEYING MND DESIGN 2271 Mme SUITE 100 POST OFFICE DRAWER 1500 FORTMVESI FLORIDA PHONE [139) 48I-3170 FLORIDA CERTIFICATES 0F ENGINEERING MO CAMPROP INC. 4954 ROYAL GULF CIRCLE FORT MYERS. FL 33966 ?4 '4 I n?m II . ?mu: \X?Rguugu v? I I mun necrurnou It" 111/ 0 I ?0 I mu? muni?m 7. m5: ?7 4 ?am mum/?4 my: ?00" mm)? I$?mm?r ?71! 11/, #1 I 0.uumu II I LEE COUNTY. FLORIDA THIS PLAN 15 PRELIMINARYAND INIENDED FOR CONCEFIUN. PLANNING PURPOSES ONLY. SITE LAYOUTAND LAND USE INTENSITIES OR DENSITIES MAY CHANGE SIGNIFICANTLY UPON SURVEY. ENGINEERING. AND I OH OPPORTUNITIES. NOT FO CONSTRUCTIO mun unaware. me. mur wu?mwwnuum 1 avatar?: nun mu: rnuwwu-uu PM Purrm' 0?me 61035 Harman 9mm FORCE MAIN EXHIBIT 00) rqu: rm" AERIAL EXHIBIT EXHIBIT arraco and Associates, Inc. CIVIL ENGINEERNG -IJND SURVEYING LAND PLANNING - LANDSCAPE DESIGN 2271 SUITE ma POST OFFICE DMWER 23W FM 1&9) 481-31 59 HWDA CERTIFICATES OF ENGINEERING 7895 - SURVEYING INC. 4854 ROYAL GULF CIRCLE MYERS. FL 33966 ?nu - um 7" ugug 'unmi 11mm,? PROJET assuranan - I II mm mm? ll ?mull: Imm i' '11 1mm? Hum? mm I I I I?l/ll/l mm? >01 . w? LEE COUNTY. FLORIDA THIS PLAN IS PRELIMINARYAND INTENDED FOR CONCEPTUAL PLANNING PURPOSES ONLY. SITE LAND USE IN IENSITIES OR DENSITIES MAY CHANGE SASED UPON SURVEY. ENVIRONMENTAL AND REGULATORY CONSTRAINTS OR OPPORTUNITIES NOT FOR CONSTRUCTION wwaum mu. um mu mnaaxmn, ma. mum: 22mm We mum LOCATION 1Nm?a?43cm norm navamnuo moan RHERENCED mvlman PLAN amnion: 40 TO STA n- . tr-?r-u? 215 wry I AERIAL EXHIBIT "(021561 I ND. arraco and Associates, Inc. CIVIL mama-2mm - LAND SURVEYING LANG PLANNING-WOW DESIGN 2271 BLVD. SUITE 1 an FAX maven-m9 3'95, otwmomzmau ENGINEERING 7995- SURVEYINB WNIED FOR 4554 ROYAL GULF CIRCLE FORT MYERS. FL 33966 PKWECY DEMIPW LEE COUNTY. FLORIDA THIS PLAN IS PREJMINARYAND INTENDED FOR CONCEPTUAL PLANNING PURPOSES ONLY. EXHIBIT SITE LAYOUTAND LAND USE IN I BISITIES OR DENSITIES MAY CHANGE BASED UPON SURVEY, ENGINEERING. ENVIRONMENTALANDI OR REGULATORY CONSTRAINTS AND OPPORTUNITIES. NOT FOR CONSTRUCTION ?WIan IAIN =04. mum-ume ?cumumrmi. wanna mu Aswan-n. we. ?llama 0: mm ??u?mwmnunm mm! oAVEmmum was: REFERENIID niuwmcn 331PLAN sum BCHIBIT AERIAL EXHIBIT EXHIBIT arraco and Associates, Inc. EVIL ENGINEERING -LAND SURVEYWO LAND - LANDSCAPE DESIGN 2271 BLVD. SUITE 100 FAX mm 461-316? FLWM CERTIFICATES ENGINEERING 7355 -SURVEV No mam FOR CAMPROP INC. 4954 ROYALGULF CIRCLE ?uhuun??, FOR p, a null?nun?: "ll/nawmu umIn: ?lm: 11? '07, 'r ?gm Ill/[1 Ill! COUNTY. FLORIDA THIS PLAN IS PRELIMINARY AND INIENDED FOR CONCEPTUAL PLANNING PURPOSES ONLY. SITE LAYOUT AND LAND USE OR DENSITIES MAY CHANGE SIBNIFICANTLV BASED UPON SURVEY, ENGINEERING, ENVIRONMENTALAND I OR REGULATORY CONSTRAINTS AND OPPORTUNITIES. NOT FOR CONSTRUCTION nmmnumm ~1~u run 1Mmlb.un PM um nr DAVEWLND moan mailman 433 50) I . ., sum EXHIBIT 2015-45-1 AERIAL EXHIBIT MEET ?mum