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Agenda 12/13/2016 Item #16F1 16.F.1 12/13/2016 EXECUTIVE SUMMARY Recommendation to recognize as sufficient the prepayment of road impact fees in the Hammock Park Commerce Center Developer Agreement to extend a temporary five-year Certificate of Public Facility Adequacy to "in perpetuity"and to approve an assignment of Road Impact Fee Credits. OBJECTIVE: To recognize that Hammock Park Commerce Center (Developer) has paid sufficient funds to meet the current Certificate of Public Facility Adequacy(COA) requirement needed to achieve a COA in perpetuity based upon modifications to the Consolidated Impact Fee Ordinance (Ordinance) and to approve an assignment of Road Impact Fee Credits. CONSIDERATIONS: Due to the County's desire to advance the widening of Davis Boulevard and Collier Boulevard north, of its intersection with Davis Boulevard, and the Developer's desire to assist the County in funding the referenced road improvements by paying fifty percent (50%) of its transportation impact fees for all 160,000 square feet of retail and/or office uses authorized for development, the Board of County Commissioners (Board) approved a Developer Agreement for the Hammock Park Commerce Center on February 27,2007, which is recorded in Official Records Book 4202,Page 0675. Paragraph 5 of the agreement required fifty percent (50%) of the estimated road impact fees for the development to be paid and for the Developer to receive a five-year temporary COA. In addition, paragraph 6 of the Agreement allowed for the Developer to elect to pay the remaining 50%balance for a COA to be issued in perpetuity. These same requirements for issuance of a COA were also reflected in the Ordinance,except that payment was not due until time of approval of a Site Development Plan, which in this instance had not yet occurred. n On May 25, 2007, the Developer paid 50% of the advanced estimated road impact fees in the amount of $1,010,640.A five-year temporary COA was issued and subsequently expired in May 2010. On June 14, 2011, the Board adopted Ordinance No. 2011-20, which amended the Ordinance to provide that a COA in perpetuity will be issued upon the payment of thirty-three percent (33%) of the estimated road impact fees. At current rates, the 33% estimated road impact fees for this development total $684,024. Due to the change to the Consolidated Impact Fee Ordinance,the Developer has requested that the County recognize the payment of more than 33% of the estimated road impact fees and extends the COA in perpetuity. In addition, the Agreement allows that upon giving written notice to the County, the Developer may assign all or part of the Road Impact Fee Credits within the Development, or as otherwise provided in the Ordinance. Section 74-205 (n) of the Ordinance allows for assignment of impact fee credits by written agreement executed by the County and from one development to another within the same or adjacent road impact fee district. The Developer has requested that the County approve an assignment of$326,616 to Lord's Way Apartments,LLC.,which is located in the same road district. FISCAL IMPACT: Issuance of a COA in perpetuity will not relieve the Developer from its respective obligation to pay any additional road impact fees that may be due at building permit. Therefore, there is no fiscal impact fee related to this item. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This is a two-part Packet Pg. 2115 16.F.1 12/13/2016 request. The first request is that the Board recognizes that the 2007 prepayment of impact fees was sufficient to vest the Development for traffic concurrency,which the County evidences by the issuance of a Certificate of Public Facility Adequacy (COA). The original Developer, Sembler Family Partnership, pursuant to a 2007 Developer Agreement,prepaid the County half of the estimated Road Impact Fees. By deed dated July 23, 2012, Sembler sold the Development to Wilton Land Company, LLC. Subsequent to this Developer Agreement, the Board amended the prepayment requirements, which now reads as follows: Sec. 74-302.- Special requirements for road impact fee. Payment of road impact fees to obtain a certificate of adequate public facilities. (H)(1) A certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, thirty-three percent (33%) of the estimated payment will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements and are non-refundable. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application submittal, such that additional impact fees may be due prior to issuance of a certificate of occupancy or certificate of completion for the building permit(s). With this change in the Impact Fee Ordinance, Sembler's successor in interest, Wilton Land Company, LLC, is entitled to the issuance of a fully vested Certificate of Public Facility Adequacy (COA). The second request is the transference of impact fee credits arising out of the Developer Agreement from Wilton Land Company, LLC to Lord's Way Apartments, LLC, whose development is located in the same impact fee district(and is in fact adjacent to)the original Sembler Development. This request is governed by and consistent with the following provision: Sec. 74-205.-Developer contribution credit (n) Impact fee credits shall not be assigned or otherwise transferred from one development to another development except by written agreement executed by the county, and then, shall only be transferable from one development to another development within the same or adjacent impact fee district for the same type of public facility impact fee. This assignment or transfer may be to commercial and/or residential developments. Impact fee credits will be accomplished only through the operation of a credit agreement. Should an assignment of credit be approved by the county through execution of such an agreement, the assignee shall take the agreement as is and shall be bound by all of the terms and conditions of the agreement as originally executed by the assignor and other parties. No assignee (or transferee) of any such agreement shall have the right to any review procedure under this chapter except to the extent expressly granted in the agreement. The provisions of this paragraph shall apply to subsequent purchasers or successors in title to the owner. Accordingly, for the reasons set forth above, this item is approved by the County Attorney as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To recognize as sufficient the prepayment of road impact fees in the Packet Pg. 2116 16.F.1 12/13/2016 Hammock Park Commerce Center Developer Agreement to extend a temporary five-year Certificate of Public Facility Adequacy to "in perpetuity" and to approve an assignment of Road Impact Fee Credits from Wilton Land Company,LLC.,to the Lord's Way Apartments, LLC. Prepared by: Paula Fleishman, Senior Operations Analyst Capital Project Planning, Impact Fees and Program Management Division Growth Management Department ATTACHMENT(S) 1.DCA Hammock Park Commerce Center(PDF) 2. Hammock Park Assignment (PDF) Packet Pg. 2117 16.F.1 12/13/2016 COLLIER COUNTY .-� Board of County Commissioners Item Number: 16.F.1 Item Summary: Recommendation to recognize as sufficient the prepayment of road impact fees in the Hammock Park Commerce Center Developer Agreement to extend a temporary five-year Certificate of Public Facility Adequacy to "in perpetuity" and to approve an assignment of Road Impact Fee Credits. Meeting Date: 12/13/2016 Prepared by: Title: Operations Analyst, Senior—Capital Project Planning, Impact Fees, and Program Management Name: Paula Fleishman 11/07/2016 10:05 AM Submitted by: Title: Operations Coordinator—Office of Management and Budget Name: Valerie Fleming 11/07/2016 10:05 AM Approved By: Review: Capital Project Planning, Impact Fees,and Program Management Amy Patterson Additional Reviewer Completed Growth Management Department Jeanne Marcella Additional Reviewer Completed 11/09/2016 11:30 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/09/2016 12:53 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/14/2016 10:58 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2016 8:33 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 2:40 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 2118 16.F.1.a 16891 1 DEVELOPER AGREEMENT HAMMOCK PARK COMMERCE CENTRE THIS DEVELOPER AGREEMENT(hereinafter referred to as the "Agreement") is made and entered into this Q-144—of MI ...I ' F �+c , 2007, by and between SEMBLER FAMILY la 3 i PARTNERSHIP #42, LTD., hereinafter re ed to as "Developer," whose address is 5858 e E, " • Central Avenue, St. Petersburg, Florida 33707, and COLLIER COUNTY, FLORIDA, a political a, � subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms °" Cu not defined herein shall have the same meaning as set forth in the Collier County Consolidated ,� > c Impact Fee Ordinance, Ordinance No. 2001-13, as amended. a- c a, a N RECITALS: e Q �a 0U WHEREAS, Developer has legal control over or is the owner of approximately 20.23 0 �,o acres of land in unincorporated Collier County, Florida, zoned as the Hammock Park Commerce N ' Centre Commercial Planned Unit Development (Development) on which Developer will o o Y construct and receive Certificates of Occ •. -- wo (2) phases, of approximately Forty-Five zt o : c Thousand (45,000) square feet of rel-a . -go . roval of an amendment to the PUD i i E ' •P ("Phase 1") and an additional One's, 4 : ed and Fi to - '• sand (115,000) square feet of retail ' - . m space on or after substantial earl: .on of the six (6)-lane pribvement of that portion of Collier E _ Blvd. which is adjacent to t)le I evelopnte 2"). rriap depicting the Development, g F : M together with the legal descrlpti , is att a Exhi t A; and i C � � 4 WHEREAS, there is at ,; =.i �p r ti n f r Amendment of the PUD m 4 identified as AR-10030, Inc AP = • n was,irept r the Countyto be filed bya a Resolution No. 06-143; and '` y " ` '. ;.J v L MI 9,0 WHEREAS, Develop -filling to convey 10 y without any impact fee credits, '" a ` E approximately two acres of Ian .:•icted and Q - 6 �` geneAt cribed in Exhibit B (the "Subject � 'c. 6 Parcel") for road right-of-way to d1 • c ur i s part of the proposed extension of v Rattlesnake Hammock Road. The fin 4 # .•* ercfiguration of the Subject Parcel shall be r c determined upon completion of the final Phase 1 design; and g Cct ."0 el Y CAI am WHEREAS, County desires to advance the widening of Davis Boulevard and Collier "' E Boulevard north of its intersection with Davis Boulevard, but has a funding shortfall and a, Developer desires to assist the County in funding the referenced road improvements by pre- ..-- o Q paying fifty percent (50%) of its transportation impact fees for all 160,000 square feet of retail o Z, o and/or office uses authorized for the Development, which County will utilize for the Davis and Collier Boulevard improvements; and a) E WHEREAS, this Agreement is structured to insure that adequate public facilities are c) co available to serve the Development concurrent with when the impacts of the Development occur w on the public facilities; and `L WHEREAS, the parties have agreed to certain terms and conditions set forth below; and Packet Pg. 2119 16.F.1.a OR: 4202 PG: 0676 16 B .-. WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to Development; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the c "Proposed Plan") is in conformity with contemplated improvements and additions to the E County's transportation network; and a� WHEREAS, after reasoned consideration by the Board of Commissioners, the' Board co finds and reaffirms that: irs a. The subject Proposed Plan is in conformity with the contemplated improvements ' and additions to the County's transportation system; Y b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, a including those from other dev- ..ers, will not adversely impact the cash flow or o liquidity of the Cou . s\ O t trust accounts in such a way as to E frustrate or interf- - ivi • er p . -•e t,,1. going growth-necessitated capital E improvements a•. '.., tions to the Count ./r i .portation system; I c. The Propose. PI, con bot th\e\public interest and with the M comprehensi e elan, inc c." : the ost re ent y adopted five-year capital cNi improveme prl r .r i o } i • ST*. ati n system, and complies with �, the require env of the o lier i. el • id.teed Impact Fee Ordinance; and d d. Developerats- �ai he wo 4.. sane i undred Dollars ($2,500.00) i application fe b this Agreement. Thr; C()WIT I'S1 S S 11 0 v ,''.(I-TE CIV- ......r..„7" " NOW, THEREFORE, in consid ratten-ef en Dollars ($10.00) and other good and a 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 E incorporated herein by reference as if set forth fully below. Q 2. Developer shall convey marketable title to the Subject Parcel to the County in fee o simple, made by executed Warranty Deed, suitable for recording, the general form of which is c attached hereto as Exhibit "C", free and clear of all liens and encumbrances, exceptions, or E qualifications, excluding those applicable to subsurface mineral rights and/or natural gas -= deposits, existing FP&L and County easements, and any other existing easements for utilities cts and drainage. The County agrees to condemn the easements described in Items 7 and 11 on `.:.'t Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. The Subject Parcel will be conveyed no later than the earlier of (l) first approval of the Phase 1 Certificate of Occupancy with respect to this Development, or (2) 365 days after the approval of the Agreement, with the executed Warranty Page 2 of 7 Packet Pg. 2120 I 16.F.1.a OR: 4202 PG: 0677 16 B tr Deed provided to the Office of the County Attorney. County will pay the costs of any title work '� and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deed in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the Developer. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall c pay to County as liquidated damages the sum of$1,000 per day for each day past the deadline P that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in a) place of County's claims for actual damages. All provisions of this Agreement shall survive N closing and be enforceable by the County and Developer and their successors and assigns. Q T3. The parties acknowledge that the conveyance of the Subject Parcel is ' characterized as property rights acquired by a highway or road agency for the improvement of a .. road within the boundaries of a public right-of-way. a 4. If requested by the Coo •o- • e Developer shall provide to the County o Attorney, at no cost to the Cot lin *--, b identifying the record owner, his E authority to enter into this Agree , . d identify any -' �alders having a lien or encumbrance = on the Subject Parcel. Said o�stnn '��shall specifically desc -be ch of the recorded instruments ao under which the record o ner o title;-� n or : cunbrance, and cite appropriate M recording information and ico so . e by i,-., ev c . o . l su h referenced instruments. 5. Within 30 ay: .a er th x��i ailb. ppeal periods for Developer's Amended CPUD Ordinanc w i•o , a li•, Der,;ek pe is.14d1 prepay to County one-half (1/2) of the County's estim ie 1 'oad Impact Fees for the pevietTent. Upon payment of these a, fees, Developer shall receiv (Certificate of Ade ' F iblf cilities ("Certificate") westing ae`) the Developer's Project to ccs� -t 160,000 square t f , ail space, as more particularly = described in the PUD Documen't��s ` ' for the pumas-:\ eting the County's Transportation o Concurrency requirements. Final ctt. . r -ening road and other impact fees due Y will be based on the impact fee schedul it f t .1 tFr time of the issuance of building permits c for the 160,000 square feet of retail space. Payment of these fees vests the development .a entitlements for which the Certificate applies on a continuous basis for three years unless o otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after E payment and receipt of the Certificate. Developer will receive Certificates of Occupancy in two ca (2) phases, of approximately Forty-five Thousand (45,000) square feet of retail space on or after Q approval of an amendment to the PUD ("Phase 1"), and an additional One Hundred Fifteen v 0 Thousand (115,000) square feet of retail space upon the substantial completion of the six (6)-lane ;; improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2"). a) 6. Not later than 90 days prior to the expiration of the three-year period for the c Certificate, and following the completion of the Project to County standards, the County shall f°, notify Developer via registered mail of the remaining balance due for the estimated Q transportation impact fees up to Fifty Percent (50%), based on the level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a Page 3 of 7 Packet Pg. 2121 OR: 4202 PG: 06786 B 16.F.1.a "`• lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees is paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e. c lot/tract purchaser) obligation to notify the County that a credit is available, each time a building E permit is applied for. If the estimated transportation impact fee account becomes depleted, the a, Developer shall pay the currently applicable transportation impact fee for each building permit in 'N full prior to its issuance. In the event that upon build-out of the Development estimated Q transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee v district, provided any vested entitlements associated with the unspent and transferred .. transportation impact fees are relinquished and the Certificate is modified to delete those a entitlements. - u 0 7. This Agreement sh -cn Qat,t or characterized as a development E agreement under the Florida Loc 1 ment Deve •• h greement Act. rs = 8. The burdens o thi' Agreement shall be bi di upon, and the benefits of this Agreement shall inure to, aIl,sucRes 3n ere `The part s t this Agreement. Upon giving M written notice to the Count, D v- •• r ••y=• •• • •. of he Road Impact Fee Credits, utilizing the County's the c to f • et, T 1 e wners of other commercial °w' property within the Hamm c ". e c;. -sere 'It-n;, e« A t Development, to successor d owners of all of part of t ' le .pm- , in -w at g . •s cltowners of out parcels, or as v otherwise provided for in th-Q ier County Consoli•-.ted ,mj ac.DFee Ordinance. L .�^ '� E 9. Developer ack • •«a es that the failure - ' hiiC greement to address any permit, E condition, term or restriction sh. lila -lieve either t • l' ant or owner, or its successors or o assigns, of the necessity of comply n• • tgr« ce, rule or regulation governing said ,c y`7J ', permitting requirements, conditions,to a..-yi: . s. a. 10. In the event state or federal laws are enacted after the execution of this ri Agreement, which are applicable to and preclude in whole or in part the parties' compliance with E the terms of this Agreement, then in such event this Agreement shall be modified or revoked as ti is necessary to comply with such taws, in a manner which best reflects the intent of this = Agreement. U Q 11. Except as otherwise provided herein, this Agreement shall only be amended by ;; mutual written consent of the parties hereto or by their successors in interest. All notices and a) other communications required or permitted hereunder shall be in writing and shall be sent by E Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, ra and addressed as follows: Q Page 4 of 7 _ - Packet Pg.2122 I 16.F.1.a OR: 4202 PG: 0679 1669 To County: To SEMBLER FAMILY PARTNERSHIP #42, LTD: Harmon Turner Building Naples, Florida 34112 5858 Central Avenue Attn: Norman E. Feder, A.I.C.P. St. Petersburg, FL 33707-1728 Transportation Division Administrator Attn: Craig Sher Phone: (239) 774-8872 Phone: (727) 384-6000 Facsimile: (239) 774-9370 Facsimile: (727) 347-0247 c w E Notice shall be deemed to have been given on the next successive business day to the date E., of the courier waybill if sent by nationally recognized overnight delivery service. N N 12. Developer shall execute this Agreement prior to it being submitted for approval a by the Board of County Commissioners. This Agreement shall be recorded by the County in the E Official Records of Collier County, Florida, within fourteen (14) days after the County enters .0 into this Agreement. Developer shall pay all costs of recording this Agreement. The County d shall provide a copy of the recorded document to the Developer upon request. o 13. In the event of a di . ° q 'II r -t1€. LA, mens, the parties shall first use the E County's then-current Alternativ . Resolutio • ire. Following the conclusion of 03 this procedure, either party ma lute n action for injunctiVe7elief in the Circuit Court of Collier = County to enforce the terms f t "scA-greeme"s -greensai erred bei g cumulative with any and all other remedies available to the p:_ies 6 e - orcem nt of t is eement. M N 14. Any future (imf r e , t f x,` • 4.i h '1 ome from future receipts by �'--. the County of Road Impact eel ,•o v r, o; iii urs. :nt hal'be paid until such time as all development, as defined b t .. + - -y p Y y ge,Ir tris • t the location that was subject to the credit has been comp Such reimbursenpt s all lade over a period of five (5) 1' years from the completion of J velopment, 1.• 15. An annual revie audit of pert.,- ,` �, under this Agreement shall be o performed by the County to dete ne v wu . •t\t. ere has been demonstrated good faith compliance with the terms of this Agre - ►fi ..1 • .ort the credit applied toward payment of co road impact fees and the balance of available unused credit. If the Collier County Board of Y Commissioners finds, on the basis of substantial competent evidence, that there has been a o failure to comply with the terms of this Agreement, the Agreement may be revoked or F unilaterally modified by the County. E 16. This Agreement is contingent on and shall not become effective until final approval of PUD Amendment, Petition No. AR-10030 and the expiration of all applicable appeal ca 0 periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed c by a third party, then on written notice, either party may terminate this Agreement. During this E contingency period and for 30 days thereafter, County shall reserve for the Development sufficient capacity on the County's transportation network for 160,000 square feet of retailcz commercial uses. Q REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 5 of 7 Packet Pg. 2123 16.F.1.a OR: 4202 PG: 0680 16 B • '—., IN WITNESS WHEREOF, the parties hereto have caused this Agreement 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 ' r . // t a1 Y (JJJAI i. as aittint es t0 *, f r; AClerk 7• S COI.FTTA, Chairman cr si ,rrl* pol■ a a►rt AS TO DEVELOPER: - a) U Signed, sealed and SEMBLE• AM I Y PARTNERSHIP#42, LTD. delivered in the presence of: By: Se •1: Re .'1 II, Inc.,Ge.-ral Partner a o Signature �C)\ ea E jlrrfrf 1f/ItI44, N„✓ co Prin g Name s/ 7 M " M N ,-- -ir. L --! Signa ure1.4t "' Printed Name c= -..r- ` U a) STATE OF l-t xs+s..c.cC.r..✓ r ��, �'` E COUNTY OF ' (9 ' ... U The foregoing instrument was acknowl4rAi3.01e is a`3'"' day of t 2007, as by (2'etaSA ed , as f of SEMBLER RETA U Inc., General Pa� r'ner of SEMBLER FAMILY PARTNERSHIP #42, LTD., who is personally known o tie or has produced as identification. 1 E 4*6** 2541;;a1,440.1A—ft,_- cti s,";,'''''11,:p, M.Viaandiou • Q Notary Public c..):P Commission#DD473101 '-'•.. 'Expires October 21,2009 ,t r,t 04i '!R`i.. Bartowi.orFsn-mows me 600.Mr I70tY Print Ns3rTle-.�^�" Z.Li+ .3! L7 Le... ...' My Commission Expires: I 0/11/07 c Api of e t o form s -.w ;j `tciency: Item#ICP Q9 Q Y� Jeffry • latzkow .�^�1' Agenda a.. 1 Date Man gin -ssistant County Attorney Date a—ys...pi Recd Page 6 of 7 DePUty ' "a Packet Pg. 2124 16.F.1.a OR: 4202 PG: 0681 16 B9 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of the Development Exhibit B Description and Depiction of Subject Parcel Exhibit C Form of Warranty Deed E a) a, U Y L Lf.. C> COUA C1 _ r'Th (1-,C 0 TV r ✓s \ � \ X11 3 a� lt) c C 0_ O Q U r i� Q Page 7 of 7 Packet Pg. 2125 i6B • 16.F.1.a OR: 4202 PG: 0682 s ........ EXHIBIT"A" LEGAL DESCRIPTION "E A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, a, Range 26 East, Collier County, Florida, being more particularly described as c follows: °' N N Q O.R. 1573,Page 355 'o E' L The North one-half (N1/2) of the South one-half (S 1/2) of the Southwest one- U quarter (SW1/4) of the Southwest one-quarter(SW1/4) less the West 100 feet of L co roadway for County Road 951; Section 14, Township 50 South, Range 26 East, a. Collier County, Florida and the = :1 foot parcel of the South one-half(S1/2) o of the Southeast one-q, • e9,14) c ,Southwest one-quarter (SW1/4); Section 14,Tounshi , 'ange • ,,,?CoE Tier County,Florida. E x O.R. 1708,Page 667 a co ++ a_ M The South 1/2 f � '.•-•.. f..-.. - ...': - 114 f the Southwest 1/4 of Section 14, To slip , 1>+ ."). .�, p"oilicr ounty, Florida, less the L- west 100 feet e f r r .g .1 y. U r'" m a, Containing 20.23'. -s,more or less. / J o a, Vi-- c'75 n. U 0 E E cax Q U w c a, E U cc Q �1. Packet Pg. 2126 16.F.1.a OR: 4202 PG: 0683 16691 ,, . ._ ______ _______ _ i , _ ..___.....___i \ ,_________ ' 5 l COLLIER acarbo No(CR 051) --- �/ ---- o �anw.�.... r aN rhg (PE '�r i p. 'I 1-----, r a+7 L. I S i ._/— e I 4 I i r `Ic1 P�1 � Li z it c ? , 4 I 1 al as I I� a 1 , • 1 $ 0..., iit -.---0-1>otOr.,-- 1-. I K „ 2 110 �1t j.,^I ( a (!.b■ a �:1 ; i 1 I 0 ; rr iii ii, z- -V,4R ^ C.:Nil\\\*7:-.. \ I 1, 10,4.11 E to ,It* 0 I ! I a` m 33 23 14, , \ 'Z\ i . , . _ - i v -, ..��` r1 I fC o_ ` so CO 11 * ., I ' v I .111` 1 1ee1 ,1Wt1 I t r11 lI' 9���g` :i 1 �` O1 I .,' —_ Ett�I ins 9IIt iril� i ' s 4.1,',------------------ ` ' 1 ri I / ! iii■ • +♦` 41 IF -- i . . / !�Grx!°..1�C.-,_-.�- .A�. �_.-- �i V 2r- It 44 ` I ■ 1�1 e� _ — ; _- I J IIlile I to 1'+ cosi. .I� ` Mf tC1 i 0. s n� j,L pqk 4 )�1 5 .) �N c ti = ii J iI � 1 [ i{g n T sc i1. ■ ..3, �. tZ 1 1 r OS Q Q I 1 1 4 li i I 11 1 i 14- ogi f!! 1 ii! Ili iiii Ili fii I !Ili Nili Ili! 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'kik 4 / 4.) o T t E Li E it I a t co M CO -i 4cn „lit y 0 .......„ , kilikb, 1 'et . .. , (-) 1,„,, ,.... :.,. * r--- . 8 `# it 2 E vht EjiA f O 1- 1°II il, T. ( tom k a. U klik i O k tat 1 I Its k,a 1111 U 44'441 I cat .;' co _-- --._.___�_— i — _ _ U Viii -4-----1 illilli Nild Soras"a Xof Ite I ! k —_.... �� — ._ -- t� I 11 b* s r ,� I I I !a El =1 # $ i I 1 - ° $ 1 I I I _ 5 a €es r _ I I I I tkeawct+ Y s I I .�• .-- Packet Pg. 2128 1 6 © 1 6.F.1.a II EXHIB ARC 4242 PG. 0685 PROJECT NAME: r- PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED THIS WARRANTY DEED made this day of , 20 by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). E c (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this n instrument and their respective heirs, legal representatives, successors and assigns.) Q 'Es WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars U ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that t° certain land situate in Collier County, Florida, to wit: a V o See Attached Exhibi " w ,. �, ibad herein by reference. E Subject to ea rtie• s, restrictions, and r e ions of record. _ This i /NO th e. erty of he4rtenances antor. cvM TOGETHER with all he enrem t err; it n` d thereto belongingor in anywise appertaining. 4 { TO HAVE AND TO H ,`1-t3 he same in fee sim)p fo ev r. i L. 1 0m � � � E AND the Grantor hereby ''ivpiants with said Gra • ' t the Grantor is lawfully seized of E said land in fee simple; that the �a iei h ood "2 t4r ti awful authority to sell and convey o said land; that the Grantor hereby f rErt kits o said land and will defend the same Y against the lawful claims of all person • 'ever; and that said land is free of all f° encumbrances except as noted above. °- Y U 0 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day E m and year first above written. i WITNESSES: o 0 (Signature) By: % [GRANTOR NAME] E U ra (Print Full Name) (Signature) (Print Full Name) Packet Pg.2129 16.F.1.a *** OR: 4242 PG: 0686 *** 16 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by[GRANTOR], who: is personally known to me OR has produced as proof of identity. E rn (affix notarial seal) .N (Signature of Notary Public) a) (Print Name of Notary Public) NOTARY PUBLIC a Serial/Commission # (if any): °' __..+ fission Expires: o Co co CC I L J cOf '/C/ a Y U O C E 2 WARRANTY DEED Packet Pg.2130 16.F.1.b ASSIGNMENT OF IMPACT FEE CREDITS THIS ASSIGNMENT OF IMPACT FEE CREDITS is made by and between Wilton Land Company, LLC (-Assignor). Lords Way Apartments, LLC ("Assignee"). and Collier County for the purpose of transferring all or a portion of Impact Fee Credits held by Assignor arising out of the Developer Agreement for the Hammock Park Commerce Centre. Assignor wishes to convey to Assignee certain Road Impact Fees Credits granted through the Agreement in the amount of Three Hundred Twenty Six Thousand Six Hundred Sixteen Dollars ($326,616). In consideration of assenting to this Assignment. with its increased administration burden. Assignor and Assignee hereby jointly and severally indemnify and hold harmless Collier County against any and all present and future claims of whatever kind arising out of the transfer and ultimate use of '5 a.) these Impact Fee Credits, including but not limited to administrative errors by Collier County staff. Prior E c to payment of the impact fee. Assignee shall notify the County that a credit is available by submitting the cm v) then-current County approved Impact Fee Credit Consent Form. ch < DATE: r tz,--/ ...— 7..c, e4.. ASSIGNOR: WILTON LAND COMPANY, F. LLC c..) 4'"-------- a. u By: George . Bauer. Trustee of the George P. o Bauer Revocable Trust, its Manager E co = STATE OF rt,Db91- 00 COUNTY OF c„,....... The foregoing instrument was acknowledged before me this )5 day of C0;0' . 2OI( by a) George P. Bauer as Trustee for the George P. Bauer Revocable Trust. Manager of Wilton Land P Company, LLC who is personally known to me or has pr diced s as cy) u) identification. , < (Notary Seal) —.••• rts 41111§1Ww.. .;"-L. N ablic .0,Po Notary Put:01C State Of C.10faia U f N; Mania Avar,rFF 051,.,. rqIy E L'an7S:BI°2017 Printtype, or stamp mime of Notar) Public CZ .. DATE: ;C..-IS-W 1--r ASSI ' NEE: , I 'D', WA ' . A. MENTS, T.) LLC i / E rs , -,... < By: Davi.W. T6rres . , ' • STATE OF ruzioil- COUNTY OF Lee kb The foregoing instrument was acknowledged before me this tp, ,day of 1 I 1 . 20(( by David E. Torres as Manager for Lord's Way Apartments, L ' wh• is serisonally known to me or has produced , 1 as identification. - (Notary Seal 411110.-- ----- NotarPut4,q.ate of Fiontsa !anal e 91N9tary ' sqic Y' '—‘ :i? 4c- Maritza Pkgutar _ Ilrai 4 ' r ',,,,.. i My Corlrf,sssorif;VIS151 ''''''4 'iv ;xpsfers lzroequi7 l ... Print, t)peor stamp name of Notary Public coo. Packet Pg. 2131 16.F.1.b DATE: A 1 I EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk . Chair E Approved as to form a) and legal sufficiency: Jeffrey A. Klatzkow County Attorney cts a. co 00 (NI .etjt) a. Packet Pg. 2132