Backup Documents 06/23/2015 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP CC �l 2
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documents already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jeff Klatzkow, County Attorney Office County Attorney Office _
4. BCC Office Board of County
Commissioners \tr.)�1!k.J co\.Z,S\.c
5. Minutes and Records Clerk of Court's Office ,�,,,, 1
Ivv1 f2-Q/J S 1=1 n
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Laurie Beard Phone Number 252-5782
Contact/ Department
Agenda Date Item was 6/23/15 Agenda Item Number 16A7
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is 313-163673-633011-601711
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? LB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06/23/15(enter date)and all changes LB i
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the III.
BCC,all changes directed by the BCC have been made and the document is ready for t e
Chairman's signature. -v ;
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A7
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, July 08, 2015 11:15 AM
To: Beard, Laurie
Subject: Recorded City Gate Developer Agreement
Attachments: Laurie Beard.pdf
Attached for your records.
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
16A7
FIRST AMENDMENT TO DEVELOPER AGREEMENT
City Gate
THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this
,i3 4 of `,n e_ , 2015, by and between Citygate Development, LLC, 850 NWN, LLC and
CG II, LLC, Florida limited liability companies (hereinafter collectively referred to as the
"Developer"), with an address at 159 South Main Street, Suite 500, Akron, Ohio 44308, and
Collier County, a political subdivision of the State of Florida (hereinafter referred to as
"County").
RECITALS:
WHEREAS, on December 13, 1988, the Board of County Commissioners of Collier
County (BCC) adopted both Development of Regional Impact Development Order No. 88-2,
which has been subsequently amended (hereinafter referred to as the "DRI Development
Order"), and Ordinance No. 88-93, which rezoned the Development from "A-2"—Agriculture to
"PUD" — Planned Unit Development, for a development to be known as City Gate Commerce
Park(the "PUD"); and
WHEREAS, the Developer and County entered into a Developer Agreement dated
December 1, 2009, which is recorded in Official Record Book 4517 at pages 640 through 704 in
the Official Records of Collier County, Florida ("Agreement"); and
WHEREAS, at its April 10, 2012 meeting, with respect to the Developer Agreement, the
Board of County Commissioners recognized that the Developer had paid the road impact fees
then due, and directed that a permanent Certificate of Public Facility Adequacy be issued for the
land uses authorized in the Phase Two plat; and
WHEREAS, Developers warrant and represent to the County that they continue to have
full ownership or control with respect to all portions of the land within the PUD which are the
subject of this Agreement; and
WHEREAS, that it is found and determined that there is no PUD transportation condition
or Transportation Conditions for the buildout that has not been satisfied, or would not be
satisfied by Developer's compliance with its obligations under this Amendment; and
WHEREAS,the parties wish to amend the Developer Agreement as set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
INSTR 5142115 OR 5168 PG 3989
RECORDED 6/29/2015 4:06 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $78.00
16A7
2. County, at its sole cost and expense, will design, permit, provide CEI, construct
and otherwise extend City Gate Boulevard North from the current terminus to the eastern
property line of the City Gate DRI/PUD and the western property line of the County's adjacent
property, with the typical section as approved in attached Exhibit 1. Developer will assist the
County with obtaining all necessary permits by providing the County at County's request with all
available support documentation. Further, in order to add the access point to the existing PUD or
the DRI Development Order, County will be responsible to fund, process and obtain all
necessary development orders to include, but not limited to, any PUD, DRI Development Order,
South Florida Management District, Department of Environmental Protection (DEP) or any other
agencies changes, as needed, to add this access point. This road will be used to access the
Resource Recovery Park and up to forty acres of essential services in the northern portion of the
adjacent 305 acre parcel owned by Collier County. The road will be gated until needed by the
County at the eastern end on the County's side of the property line, and no additional traffic will
be allowed to use the City Gate North Boulevard until the connection is made to the Wilson
Boulevard-Benfield Road Extension. A temporary turnaround will be provided in front of the
gate.
3. Developer shall install street lights when platting the adjacent property. The
County will have street lighting designed for the extension of City Gate Boulevard North so that
conduit will be installed at appropriate locations under the roadway. The County's design and
construction of the extension of City Gate Blvd. North will include conduit for other future
utilities and irrigation. Developer may install irrigation in the ROW, when platting the adjacent
property. Upon completion of the aforementioned eastern extension, the County shall maintain
City Gate Boulevard North from CR-951 to the eastern boundary, except lighting and
landscaping which shall be maintained by the Developer. Notwithstanding the foregoing, the
County will mow the extension right-of-way four times a year (the first week of July, October,
January, April) until the land adjacent is platted. The County will work with City Gate to
consider temporary traffic calming.
4. Developer will dedicate the right-of-way and ancillary water management needed
for the road via plat at no cost to the County and for no impact fee credits. Once the approved
design for this right-of-way area has been completed, and in order to evidence this dedication,
the Developer and County will cooperate in the preparation and processing of a plat for the right-
of-way corridor, including ancillary water management (drainage), sidewalk/pathways, and
County Water-Sewer District (CUEs) and public utilities (PUEs). Should the County want to
move forward with construction of the right-of-way area prior to the completion of the
aforementioned platting process, Developer will grant temporary construction easements to the
County for work within the dedicated areas and within an agreed upon area outside as needed for
construction. The County shall replace any damaged or removed improvements or vegetation
within the agreed upon area outside of the dedicated areas.
5. Upon meeting its commitments in this Amendment, all of City Gate will be
deemed vested for transportation concurrency. Site access improvements to the individual lots
will be the responsibility of City Gate or their end users. Developer will continue to be
responsible for DRI monitoring and compliance.
Page 2 of 5
16A 7
6. The County shall not refuse to issue any development permits for any uses or
intensities of use authorized by the DRI Development Order/PUD within the Development on
the grounds that the access points on Collier Boulevard (CR-951), as reconfigured by the
County, cannot safely or operationally accommodate the traffic from such authorized use.
7. The application of Paragraphs 11 h and 11 i of the Developer Agreement shall
extend to any and all future lots with frontage on City Gate Blvd. North.
8. The parties will work together in good faith should further changes to the
Agreement be required to effectuate the intent of this Amendment. Except as modified herein,
the remaining terms of the Agreement remain in full force and effect. This Amendment does not
diminish the Vested Rights Determination previously issued by the County.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
-----/ 7,—,/,
B B
Y _ Y
Attest as to hairman's D ty C!t' Tim Nance, Chairman
signature
Approved 9''� orm and legality:
iI)
LA A
Jeffrey A. lit. , County Attorney
s
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il
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGES TO FOLLOW
Page 3 of 5
16A7
AS TO DEVELOPER:
Sit ed, '-aled and Citygate Development, LLC
-liver- in the presence of: A Florida Limited Liability Company
•
tat/
' 7 � . to _ By:11, ANL/
ign. ure / •seph '�. Weber, Vice President
Printed Name
((i X11j-
Signature
r`���t4` ��' /��' 9
Printed Name1c ','' lit•_
STATE OF Oh I6kvitk" '••
,,,, EXPIRES P.',0'%
COUNTY OF SU n'1 m,f.
The foregoing instrument was acknowledged before me this 5 day of jtit K). , 2015,
by Joseph R. Weber, as Vice President of Citygate Development, LLC, a Florida limited liability
company, who is personally known to me or has produced as
identification.
`it€.QJ'k A U (LAjt &cO
Notary Public f n Ai/
Print Name: NI t driz 1 Ie A . V ctr 1 S C ci
My Commission Expires: 4/ 13/ 19
Si ed, s-aled and 850 NWN, LLC
d-liver in the presence of: A Florida Limited Liability Company
7 ' .1 � By:
lignature J seph . eber, Vice President
Lictiv“e"....oe, V 5"7-.t .-c3 F�
Printed Name
Signature
/-� le i Hc6(c t•J
Printed Name
Page 4 of 5
Hon,,.,,, 1 b A 7
� LLE A. �q'%
.,,,,•:10,......„4,,,i,..,i
,-+ -,l 110
' � .p
6hI�STATE OF s ""'m`.4«.+sr$'
COUNTY OF SLAIM[ = �'' '' ���� '07 -.
The foregoing instrument was acknowledgt'tt•b j. ethis day of JLkne, , 2015,
by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company,
who is personally known to me or has produced as identification.
•
AUC
Notary Public . ,
Print Name: .1,I C.14, 1 le A . V a,V(S CO
My Commission Expires: 4/ 13/i 9
Sig,ed, staled and CG II, LLC
de vere. in the presence of: A Florida Limited Liability Company
,iti / t ' leg*: ii o By c Wil)-67
' gna re / .seph 'ki. Weber, Vice President
Printed Name �N,,.ia...w•a,a
,"� e�LEA. (,a',,
87.-14)
/�,� - �G Q� �• e's
IN'Cl-'0
Signature i . ,'-.�,,\. 15141
# , O�I
Printed Name ;�* co
STATE OF L i(1 6 _:• : cc�,�,.•��s0
COUNTY OF Su m m It
The foregoing instrument was acknowledged before me this c5- day of dune. , 2015,
by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who
is personally known to me or has produced as identification.
Wig ,, Ua. La
Notary Public '/
Print Name: )ILA 1 Ie A A . V ct i is c,Q
My Commission Expires: 4/13/ I 1
Page 5 of 5
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