Agenda 06/23/2015 Item #16A 76/23/2015 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Developer Agreement (DA) between
Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier
County (County) to design, permit and construct a portion of City Gate Boulevard North
to preserve the future Wilson/Benfield transportation corridor.
OBJECTIVE: To approve a Developer Agreement Amendment (Amendment) that preserves
the WilsonBenfield transportation corridor consistent with the County's Long Range
Transportation Plan and allows the County to design, permit and construct a portion of City Gate
Boulevard North in advance in order to provide access to the Resource Recovery Park.
CONSIDERATIONS: A Developer Agreement (DA) was approved by the Board of County
Commissioners (BCC) on December 1, 2009 to improve the transportation network that serves
both Citygate and the traveling public. These improvements specifically include modifications to
the Citygate development access points and additional capacity to Collier Boulevard and Davis
Boulevard.
On October 27, 2009, the BCC approved the Wilson/Benfield corridor study report that
identified City Gate Boulevard North as a critical connection point for this future roadway. The
BCC directed staff to work with adjacent land owners to manage the corridor and preserve the
integrity of this critical future facility. This connection point has been coordinated with and is
supported by the Developer. It serves the mutual interest of the Developer and the County by
providing an alternative roadway that can avoid additional impacts to Collier Boulevard within
the vicinity of I -75. The DA avoided the condemnation of right -of -way and significant
reconstruction costs that would be required to expand City Gate Boulevard North in the future.
The Amendment will allow the County to extend and construct City Gate Boulevard North from
the current terminus to the eastern line of the City Gate DRI/PUD. The right -of -way and
ancillary water management needed for this road will be dedicated to the County at no cost to the
County. This road will also serve as a connection to the Resource Recovery Park and up to forty
acres of essential services in the northern portion of the adjacent 305 acre parcel owned by the
County and the Collier County Water -Sewer District.
FISCAL IMPACT: This Amendment eliminates the future costs needed for the condemnation
of City Gate Boulevard North. Design, permitting and CEI are estimated at $150,000 and
construction is estimated at $1,572,200.
GROWTH MANAGEMENT IMPACT: This Amendment is consistent with the goals and
objectives of the Collier County MPO 2035 Long Range Transportation Plan adopted December
10, 2010.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
Packet Page -625-
6/23/2015 16.A.7.
RECOMMENDATION: That the Board of County Commissioners approves the Amendment
and authorizes the Chairman to execute the Amendment and supplemental closing documents on
behalf of the County once approved by the County Attorney's Office; and authorizes the
recording of the Amendment in the Public Records of Collier County, Florida.
Prepared By: Trinity Scott, Transportation Planning Manager, Growth Management Department
and Dan Rodriguez, Solid Waste, Division Director, Public Utilities Department
Attachments: 1) Locus Map; 2) Amendment; 3) Exhibit 1 (pages 1 through 4); 4) Application
backup information due to the size of the document it is accessible at:
http: / /www.colliergov. net /ftp /AgendaJune2315 /GrowthMamt /City Gate Recorded DA.ndf
Packet Page -626-
6/23/2015 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve an Amendment to the Developer
Agreement (DA) between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer)
and Collier County (County) to design, permit and construct a portion of City Gate Boulevard
North to preserve the future Wilson /Benfield transportation corridor.
Meeting Date: 6/23/2015
Prepared By
Name: BeardLaurie
Title: Project Manager, Growth Management Department
5/13/2015 7:12:45 AM
Approved By
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 5/29/2015 11:19:45 AM
Name: ScottTrinity
Title: Manager - Planning, Growth Management Department
Date: 5/29/2015 11:30:52 AM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC, Growth Management Department
Date: 6/1/2015 12:51:22 PM
Name: Pui0udy
Title: Operations Analyst, Growth Management Department
Date: 6/1/2015 3:33:42 PM
Name: RodriguezDan
Title: Division Director - Solid Waste, Public Utilities Department
Date: 6/2/2015 7:49:59 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Packet Page -627-
Date: 6/9/2015 8:15:22 AM
6/23/2015 16.A.7.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 10:24:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/12/2015 2:09:45 PM
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/14/2015 1:07:19 PM
Packet Page -628-
ti
2!
>i
6/23/2015 16.A.7.
FIRST AMENDMENT TO DEVELOPER AGREEMENT
City Gate
THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this
of , 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
WFTI -REAS, 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.
Packet Page -630-
6/23/2015 16.A.7.
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 DRUPUD 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 concurreney, 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
Packet Page -631-
6123/2015 16.A.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 I 1 i of the Developer Agreement shall
extend to any and all future lots with frontage on City Gate Blvd. North.
S. 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:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
A pproyed as tcy,form and legality:
Jeffrey . KI-Stz k*c County Attorney
+r g
ir.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tim Nance, Chairman
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGES TO FOLLOW
Page 3 of 5
Packet Page -632-
AS `1'O DEVELOPER:
Sined, scaled and
dt;livercd in the presence of:
r;
Printed Name
Signature
Prided Name
STATE OF Dh I p
COUNTY OF SU M m 11
Citygate Development, LLC
/ A Florida Limited Liability / Company
IK_c fay: I !1V
seph ' . Weber, Vice President
1.�ts G� L.E A.
'0 s
Pill
A
i �I � •�M
6/23/2015 16.A.7.
The foregoing instrument was acknowledged before me this _ 5 day of_JUDE, .1 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.
Simded, sealed and
d,I-"liverQd in the presence of:
Printed Name
Signature
A le �
Printed Name
Notary Public ' /
Print Name: V I C.y d I A, V a'r I S (_ )
My Commission Expires: 4l t J !E-
850 N ArN, LLC
A Florida Limited Liability Company
f
t
B
J }seph . Weber, Vice President
Page 4 of 5
Packet Page -633-
6/23/2015 16.A.7.
ixiiii €€ €€M €€ €fort
. E A.
fo
STATE OF
COUNTY OF
The foregoing instrument was acknowle htyltl this } day of ty)e 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.
Signed, sealed and
del�vered'in the presence of-
14
na`ture � r
Printed Name
Signature
Printed Name
STATE OF
_ C '
COUNTY OF SLR C
,U C:� .O
Notary Public
Print Name: �A I C kle, I �f A. V O ,,% t S Co
My Commission Expires:
CG II, LLC
A Florida Limited Liability Company
' /5
131': � rr C'
seph Weber, Vice President
".``' SLLE A,
The foregoing instrument was acknowledged before me this 5 day of Jt� t-V. 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.
I L/ .G11.x: - "' , 1--A" 00 yI- C - j --
Nutary Public ��,,
Print Name: ! C �� "'1 , Va Y
My Commission Expires:
Page 5 of 5
Packet Page -634-
I
`� o0
c
ww
U) LLJ
_=
D- �-
wo
CO
Q F
_
a
.,3 d (OdVn3,nOO 3Mdl -b) NeSO POs 6/23/2015 16.A.7.
-
W6
-_ - NOS41hVa
1 NOISN31X3 NSCO W
i;
t
\
\
\
\
\
\
\
\
\
\
\
\
`a
0 Z
W O O
m�Q
�y
mQLL
oa0-
Z
W J W
W Q W
Q
W
j
�\ h
\\ i
o \\ I
z \\
w \\ I
w \
0
z \,
x
W
Packet Page -635-
I�zwo� �Q
a ,y
>�
w-v �LL -
o
w. Y'' ���
��
ti
�m
I
C u
CI
J UJ
>
3
u
mJ
\ J
zI �O EI� J✓ c _
J
C U C
� If
Q _
v >� V Q ��� �✓ �%
I
x
j
G
\\ \ ° C,
g,
cocw�,
°U<'i,
I
I
I
1
I
I
1
I
I
1
I
I
I
I
I
1
I
i
1
I
I
1
I
1
I
I
1
I
I
I
1
I
1
i
I
I
1
I
1
1
1
1
1
1
I
1
,Z6'Z — bp
rK
Q \
Q W
10
0 m L�J ��-- R57'
Id
CD /
Lr— co
W �
W I '�
LL) rill I
OZO 1
U) J Z 1
I
1
I
1
I
Packet Page -636-
LL �
0
_ -H
O z
}" W
CC
Q W
ry
QU)Q
0 W
n
W
W
Z
J
W
0
Of
6/23/2015 16.A.7.
o �
N
oo
og°.
t
03 3
Jw< �
Os
' rc �
N o > O O
Z N
Q O t0
O
i
O
3
0
O
O
0
C
C
y
w �
U UO
z
0
Z
W
f-
X
W
Z
m
U
0,y
T
H
m
2
X
W
a
i
N
Sb'32iV NOf1N313a 1N3W3`JVNHW � 6/23/2015 16.A.7.
_._
I, b31VMWLi01SONIlSIY3 NOSaIn`dd
NOISN31X3 N800 X o
LU
Q
d
I
I �
n
t I
li !:ll
i 8
I ,
s
I c
s)
fi p
VAVA
P, f
o °tea
w
(n lLJ
Q
22
i
LU
Q
d
I
I �
n
t I
li !:ll
i 8
I ,
s
I c
s)
Packet Page -637-
—_ —__
�.
VAVA
P, f
o °tea
w
`V ACA I� I
y� III,
I �v
,y.
�V,
�
I
V- -
Packet Page -637-
WW
0 W
Q�
0-1
W
'a
1
AllI
tf`
LLI
Packet Page -638
1N3w3SV3
�
6/23/2015
16.A.7.
NoitonalsNOO navaodw3l
NOSOIAVO
o
NOISNKY3 N95O
W
4
wrLL
��
WW
0 W
Q�
0-1
W
'a
1
AllI
tf`
LLI
Packet Page -638