Backup Documents 04/10/2018 Item #16A23 16A 23
Proposed Agenda Changes
Board of County Commissioners Meeting
April 10,2018
Move Item 16F2 to Item 11D: *** This item was continued from the February 27,2018 ***
Recommendation to waive the contract term regarding payment of business license tax"when
due" and authorize payment of the Business Location Inducement Grant to Position Logic,LLC.
(Commissioner McDaniel's request)
Note:
Item 16A23: The Executive Summary requires clarification that
a portion of this project will be constructed by the County and
the amount of the security provided by the Developer shall only
reflect the costs of the improvements for the developer's portion
of the property. The amount of this security is equal to a total of
$202,892.25 — 110% of the cost of the developer's portion of the
project ($184,447.50). (Staff's request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 11:15 a.m.
4/10/2018 8:47 AM
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A Z 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. 1'he completed routing slip and original documents are to he forwarded to the('ounty Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is 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. County Attorney Office County Attorney Office Lf / 7//1)4. BCC Office Board of County ( '
Commissioners \(' S /sal AV--e\•%,
5. Minutes and Records Clerk of Court's Office 0
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 Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 4/N18 V Agenda Item Number 16A23
Approved by the BCC I 0
Type of Document Plat and Eight Amendment to the Number of Original 2
Attached Declaration of Covenants Documents Attached
PO number or account
number if document is
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?
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
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 JH
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 JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 4/t'2.418 and all changes made during the J�?
meeting have been incorporated in the attached do ument. The County Attorney's t/
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th
Chairman's signature. t.,;;
•
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
16A 23
This Instrument Prepared By:
Roger B.Rice,Esq.
Roger B.Rice,P.A.
9010 Strada Stell Court,Suite 207
Naples,Florida 34109
Telephone: (239)593-1002
EIGHTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS,RESTRICTIONS AND EASEMENTS
FOR CITY GATE COMMERCE PARK
This Amendment to the Declaration of Covenants,Conditions,Restrictions and Easements
for City Gate Commerce Park is made and entered into this \\ day of April, 2018, by
CITYGATE DEVELOPMENT, LLC, a Florida limited liability company. Joining in and
consenting to this amendment are 850 NWN, LLC, a Florida limited liability company and CG
II,LLC, a Florida limited liability company.
WHEREAS, Citygate Development LLC, a Florida limited liability company, caused
certain Declaration of Covenants, Conditions, Restrictions and Easements (hereinafter
"Declaration") recorded on the 22nd day of March 2004, in Official Records Book 3525, Pages
2931,et seq., of the Public Records of Collier County,Florida; and
WHEREAS,Citygate Development LLC,is the Declarant; and
WHEREAS, pursuant to Article 4, Section 4.3, the Declarant has the unilateral right to
add to the property subject to the Declaration by the recording an Amendment to the Declaration;
and
WHEREAS,the initial lands to the Declaration were the lands within the plat of City Gate
Commerce Center, Phase One, as recorded in Plat Book 41, Pages 6-7, of the Public Records of
Collier County,Florida ("City Gate Phase One Plat"); and
WHEREAS, the Declaration was extended to the lands within the plat of City Gate
Commerce Center, Phase Two, as recorded in Plat Book 49, Pages 97-100, of the Public Records
of Collier County,Florida("City Gate Phase Two Plat"); and
WHEREAS, the Declaration was extended to the lands within the plat of City Gate
Commerce Center,Phase Three A,as recorded in Plat Book 63,Pages 53-54,of the Public Records
of Collier County,Florida("City Gate Phase Three A Plat"); and
1
16A 23
WHEREAS, all the lands within the plat of City Gate Commerce Center, Phase Three, as
recorded in Plat Book , Page , et seq., of the Public Records of Collier County, Florida,
are owned by owned by 850 NWN, LLC, a Florida limited liability company and CG II, LLC, a
Florida limited liability company; and
WHEREAS, 850 NWN,LLC and CG II, LLC join in and consent to this Amendment.
NOW, THEREFORE, Declarant does hereby amend the Declaration of Covenants,
Conditions, Restrictions and Easements for City Gate Commerce Park as follows:
1. This amendment extends the Declaration to the following described property and such
property is hereby annexed and subject to the Declaration.
City Gate Commerce Park, Phase Three Plat as recorded in Plat Book ,
Pages_to inclusive, of the Public Records of Collier County, Florida.
In the event of any conflict between the provisions of the Declaration, as amended herein, and
those provisions contained in other Association documents, such as the Articles of Incorporation,
By-laws, Rules and Regulations and Guidelines, the provisions of this Amendment will prevail,
and the provisions of this Amendment will supersede any conflict.
CITYGATE DEVELOPMENT,LLC,a Florida limited liability company
By: 41, , , ' 1 ��1�"-"'
Jo - , R. 'eber, its Vice President
Signed, seal-: and delivered in our presence as witnesses:
/11
Ado
_ter/ 1 ��
By: 4 a.i%r l By: CP
,
' ig •to e 1 Signature
.fid` j %
Name: : Name: TVL1.c-t. t• � tj
Print I Print
2
16A 23
STATE OF OHIO
COUNTY OF SUMMITT
On this t day of April, 2018, before me, the undersigned notary public, personally
appeared Joseph R. Weber, who subscribed to the foregoing instrument, as the Vice President of
Citygate Development, LLC, a Florida limited liability company, and acknowledged that he is the
same on behalf of said company and that he was duly authorized to do so. He is [>( personally
known to me or [ ] has produced a (state) driver's license for identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF,OHIO
of U cVa0 ►►►►►
.•° ti •S�ArF ( O'•,,
• �,�'�G Geo ••
Signature .�QJ,/\\.�1// y 's
Name: MIL he I ie A VGA r(sC Q --
Printed Namei _
My commission expires: I I s ` �J
Joined in and consented to by: '•'�i- qp N 5`)s
850 NWN,LLC,a Florida
limited liability company
By: •i�bl'
J.s .h R. eber, its Vice Presiden
Signed, so, and delivered in our presence as witness •
By: .f.wrri.. Ey:
S gnatu e f Signature
Name: hkier Jam"1C� �.C��r. Name: cAfi-
Print / Print
STATE OF OHIO
COUNTY OF SUMMITT
On this I I day of April, 2018, before me, the undersigned notary public,
personally appeared Joseph R. Weber, who subscribed to the foregoing instrument, as the Vice
President of 850 NWN, II, LLC, a Florida limited liability company, and acknowledged that he is
the same on behalf of said company and that he was duly authorized to do so. He is £KJ personally
known to me or [ ] has produced a (state) driver's license for identification.
3
16A 23
IN WITNESS WHEREOF, I hereunto set my hand and official seal. ``���,.,`E'A"
NOTARYNOTARYPUBLIC,A
STATEyOF OHIO `,0\10.-8�►c•sr-44/
GiV u�/'`U li LJ" S*,y``,I ./;`Q 'It;
0
I. 0i=; ��°_ i
Signature = Z; '.o
Name: (d I i c lie I i .,�
Printed Name %q, . . c
.
My commission expires: 41 13 j 1
4, ON N tes4'
Joined in and consented to by:
CG II,LLC, a Florida limited liability company
By: ..i b' id14/ ,`rte
. • -ph R. Weber, its Vice Pre• dent
Signed, se,a ed, and delivered in our presence as witnesses:AA4
By: ,._ %Lor/ By: =!f/ 1!i r
Iggna ure f~ Signature
Name: ,44 ..<7 ./.--:•A,051, Name: --9 ''ti-` C.-4,C "1/4--. �.`.".•vJ
Print / Print
STATE OF OHIO
COUNTY OF SUMMITT
On this I I day of April, 2018, before me, the undersigned notary public,
personally appeared Joseph R. Weber, who subscribed to the foregoing instrument, as the Vice
President of CG II NWN, II, LLC, a Florida limited liability company, and acknowledged that he
is the same on behalf of said company and that he was duly authorized to do so. He is [X]
personally known to me or [ ] has produced a (state) driver's license for
identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF OHIO
�,,• �\, c•sTA SC,,,,
Signature �•2.Je. -`f c1( 0 ,,
Mtcl Il I\ V(1 V\Sccs ii
Name: 1 4�:'`—� -- ;°
Printed Name z;. ••---- - ,•* : a'Si
' w, , qj
My commission expires: q ) i 3 119 % ,: .-- s
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 2 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. 'Hie completed routing slip and original documents are to he forwarded to the County Attorney Office
at the lime 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
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is 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. County Attorney Office County Attorney Office ,v/o\\
(// (/1
4. BCC Office Board of County
Commissioners N(VcA/ .0k-t1ref,
5. Minutes and Records Clerk of Court's Office
[ I-7 I1 i : 6141)
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 Jodi HughesPhone Number x-5744
Contact/ Department
Agenda Date Item was 4/ 18 Agenda Item Number 16A23
Approved by the BCC ►'C�
Type of Document Bond,Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
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)
I. Does the document require the chairman's original signature? nS
2. Does the document need to be sent to another agency for additional signatures? If yes, /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
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
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 JH
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 JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 4/1 '18 and all changes 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 I `
BCC,all changes directed by the BCC have been made,and the document is ready for he • `
Chairman's signature.
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
16A 23
CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
CITY GATE COMMERCE CENTER, PHASE THREE PLT
THIS AGREEMENT(the "Escrow Agreement")entered into this\111 day of April, 2018 by
CG II, LLC, a Florida limited liability company, (hereinafter"Developer"),joined in by 850 NWN,
LLC, a Florida limited liability company, and THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, (hereinafter, the "Board") and ROGER B. RICE, P.A.
(hereinafter "Escrow Agent").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as City Gate Commerce Center,
Phase Three Plat ("Plat").
B. The subdivision will include certain improvements which are required by Collier
County ordinances. A portion of the required improvements for the Plat shall be constructed by
the Developer, as set forth in a site construction cost estimate ("Estimate") prepared by Davidson
Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05 (C) and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D. Developer and the Board have acknowledged that the amount Developer is required
to guarantee pursuant to this Agreement is $202,892.25 and this amount represents $184,447.50
for the Estimated Remaining Costs to be incurred to complete the Required Improvements, plus
$18,111.75 or 10% of the total estimated cost of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the County
Manager or his designee within fifteen (15) months from the date of approval of said subdivision
plat.
2. Developer hereby authorizes Escrow Agent to hold $202,892.25 (the "Escrow Funds"), in
escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this
Agreement.
Page 1 of 4
16A 23
4. The escrowed funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit not more
than once a month to the Developer, in amounts due for work done to date based on the percentage
completion of the work multiplied by the respective work cost less ten percent (10%).
Further, upon completion of the work, the County Manager or his designee shall approve the
release of any remainder of Escrow Funds except to the extent of$18,444.75 which shall remain
in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum
period of one (1) year pursuant to Paragraph 10 of this Agreement.
However, if Developer fails to comply with the requirements of this Agreement, then the Escrow
Agent agrees to pay to the County immediately upon demand the balance of the Escrow Funds, as
of the date of the demand, provided that upon payment of such balance to the County, the County
will have executed and delivered to the Escrow Agent in exchange for such funds a statement to
be signed by the County Manager or his designee to the effect that:
(a) Developer, for more than sixty (60) days after written notification of such
failure, has failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the terms of
the above-mentioned contract or will complete such portion of such work as the County, in its
sole discretion shall deem necessary in the public interest to the extent of the Escrow Funds then
held in escrow;
(c) The Escrow Funds drawn down by the County shall be used for construction of the
Required Improvements,engineering, legal and contingent costs and expenses, and to offset
any damages, either direct or consequential, which the County may sustain on account of the
failure of the Developer to carry out and execute the above-mentioned development work; and
(d) The County will promptly repay to the Developer any portion of the Escrow Funds not
expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to
the Developer shall constitute authorization by the County to the Escrow Agent for release of the
specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts
specified in a letter of authorization by the County to the Escrow Agent shall constitute a release
by the County and Developer of the Escrow Agent for the funds disbursed in accordance with the
letter of authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to and
reviewed and approved by the County Manager or his designee for compliance with the Collier County
Subdivision Regulations.
Page 2 of 4
16A 23
7. The County Manager or his designee shall,within sixty(60)days after receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the
preliminary approval of the Required Improvements. However, in no event shall the County
Manager or his designee refuse preliminary approval of the improvements if they are, in fact,
constructed and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the
Required Improvements, the Board, after duly considering the public interest, may (at its option)
complete the Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those
placed in deposit by the Developer in accordance with the foregoing provision;provided,that the Escrow
Agent does not release any monies to the Developer or to any other person except as stated in this
Escrow Agreement to include closing the account, or disbursing any funds from the account without
first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvements for one (1) year after preliminary
approval of the Required Improvements by the County Manager or his designee. After the one
(1) year maintenance period by the Developer and upon submission of a written request for
inspection,the County Manager or his designee shall inspect the Required Improvements and,if found
to be still in compliance with the Code as reflected by final approval of such improvements by the
Board, the Escrow Agent's responsibility to the Board under this Agreement shall automatically
terminate. The Developer's responsibility for maintenance of the Required Improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the Escrow Agent.
IN WITNESS WHEREOF, the Board and the developer have caused this Agreement to
be executed by their duly authorized representatives this\IS day of April, 2018.
Signed,/sealed and delivered
in the prrespnce of: CG II,LLC,
a F . ida limited 'abi "ty cc pang
- dig f 'gill 1 (
Witness Si: .ture / , :y Josep .Weber
. . .4 Vice President
Witnes Printed Name
WitiNss Signature
--C gra-Z-�.:. CV- --. 'Tt Pr r1 C
Witness Printed Name
Page 3 of 4
16A 23
JOINED BY:
850 NWN,LLC,
r
a Florida limited liability company
___:_b7. - ' : it ,_,..,,d__________ ifrite-,/
4', liCittd
A. , A-e7
Witness Si!,attire By: Jos h .Web
.1- --.21./ 1, Its Vi esident
Witness/Printed Name
'6)Gii.4/tAAk,
Wi ess Signature _ �_._........
'41►-T�-% CAL.-r. M.\.. r0.-1J Cao
Witness Printed Name
ATTEST: BOARD O' CO CO . = !. ERS
DWIGHT E. BROCK,Clerk /OF CO IE' 'O ,
*‘, •
By: t Mar By.
Attest a5 0 • i, rrl, ty Cler
F;rtn #, r;f j, An4, Sol ,5, Ors a ,-..9 .4n
App loved as t form and legality:
I '
Scott A. Stone, Assistant County Attorney
"` ESCROW AGENT:
ROLE: :.RICE,P.A. _ _.
tAA., , _.-.a.-
itness Signature By: R►der B. Rice, Esq.
_i UA .-L.__: -A.1_=' '— Its President
Witn-ss Printed Name
I
itn ss S':.lure
5hd1 L.. M o rri s
Witness Printed Name
Page 4 of 4
16A 23
4365 Radio Road,Suite 201
.= ' Naples,FL 34104
PAYIDSON PH:239.434.6060
ENGI NE E NINC'
Fax:239.439.6084
City Gate Commerce Park- Phase Three
SUMMARY OF CONSTRUCTION COSTS
Davidson Engineering,Inc.
Prepared By: / JAW/KLW
Date Prepared: / 4/6/2018
Description
Earthwork = $ 134,947.50
Pavement/Concrete = $ _
Landscaping, Irrigation, and Lighting = $ 49,500.00
Water Utilities = $ _
Sanitary Utilities = $ _
Drainage Utilities = $ _
Total Costs = ( $ 184,447.50
*This EOPCC Is Intended to provide estimates for permit fee generation only.
**This Is an estimate of remaining construction costs after costs of items to be completed by Collier County,pursuant to the purchase
and Sale Agreement,dated December 12,2017
***Guarantee of maintenance for 1 year estimated at$18,444.75 or 10%of the original
EOPCC. = $ 18,444.75
Total = $ 202,892.25
EX IBIT
16A 23
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ACKNOWLEDGMENT AND AGREEMENT
T
Effective as of the close of business on November 30, 2017 ("Merger Date'') ,
Capital Bank Corporation, a North Carolina banking corporation ("CBC") , merged
with and into First Tennessee Bank National Association, a national
association ("FTB") . The undersigned (jointly and severally if more than one,
and collectively "you") hereby acknowledge (s) that as of the Merger Date :
(1) FTB is using "Capital Bank" as its trade name for branches, automatic
teller machines, and offices previously operated by CBC in the states of
Tennessee, Florida, North Carolina, South Carolina and Virginia; (2) FTB is in
the process of revising Bank Documents (as defined below) tc identify the hank
as "Capital Bank, a division of First Tennessee Bank National Association;"
and (3) until such revisions are completed, certain of those Bank Documents
may still refer to the bank as "Capital Bank Corporation" or "Capital Bank. "
As used herein, the term "Bank Documents" means any and all applications,
account forms, disclosures, agreements, understandings or other documents, in
any media, that govern, relate to or are otherwise issued by the bank in
connection with any banking or financial products, services, or accomodations .
You hereby understand, ratify and agree that as of the Merger Date : (i) FTB is
the financial institution identified under the Bank Documents and is providing
any and all services pursuant to the Bank Documents (even though the Bank
Documents may identify the bank as "Capital Bank Corporation" or "Capital
Bank") ; (ii) the Bank Documents are hereby modified so that all references to
CBC or "Capital Bank" in the Bank Documents shall be deemed to refer to and
1 Association;
Thank You This is your receipt g CAPITAL BANK ind FTB may
For Your Business capitalbank-us.ccm ions under the
Bank Anytime,Anywhere 2 repancy in the
without Mobile App on
your Smartphone or Tablet.
sclose, and you
RECEIPT Drawer-; 7102 4/13/18 3n, Capital Bank,
Transit: 35 12:55:49 ? or under its
4100 #i: 3520 combined to
Checking Deposit. 3202892.25 al deposit
Th-anhe: you for banking with us,
"it as of the
pat Eferace r -
rr ,foot be aaa iabie far inroad ac withdrawalitems- Ai,tes a ep c s c ect to verification and c e.dr prev,s,ois cf the uniform c,;; r nisi
pat
ace a d the.,nee arid reg.,at.,ns i tos back The transaction vorO e.te.ar number.dein and acor.rvi of:c,+tiansa;-o,on are sooan above.
C82'.22 Fe.=;>,-
Account Title :
Roger B Rice PA
Escrow Agent for CC II, LLC
Signature Print Name of Entity Above
— — — -- By -- —— — --
Signat-ure Signature
Signature Print Name and Title
Date: 04/13/18 Date: 04/13/18
16A 23
+
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I
ACKNOWLEDGMENT AND AGREEMENT
Effective as of the close of business on November 30, 2017 ("Merger Date") ,
Capital Bank Corporation, a North Carolina banking corporation ("CBC") , merged
with and into First Tennessee Bank National Association, a national
association ("FTB") . The undersigned (jointly and severally if more than one,
and collectively "you") hereby acknowledge (s) that as of the Merger Date :
(1) FTB is using "Capital Bank" as its trade name for branches, automatic
teller machines, and offices previously operated by CBC in the states of
Tennessee, Florida, North Carolina, South Carolina and Virginia; (2) FTB is in
the process of revising Bank Documents (as defined below) to identify the hank
as "Capital Bank, a division of First Tennessee Bank National Association;"
and (3) until such revisions are completed, certain of those Bank Documents
may still refer to the bank as "Capital Bank Corporation" or "Capital Bank. "
As used herein, the term "Bank Documents" means any and all applications,
account forms, disclosures, agreements, understandings or other documents, in
any media, that govern, relate to or are otherwise issued by the bank in
connection with any banking or financial products, services, or accomodations.
You hereby understand, ratify and agree that as of the Merger Date: (i) FTB is
the financial institution identified under the Bank Documents and is providing
any and all services pursuant to the bank Documents (even though the Bank
Documents may identify the bank as "Capital Bank Corporation" or "Capital
Bank") ; (ii) the Bank Documents are hereby modified so that all references tc
CBC or "Capital Bank" in the Bank Documents shall be deemed to refer to and
1 Association;
Thank You This isyour receipt ! CAPITAL BANK ind FTB may
For Your Business caoitalbank-us.com ions under. the
Bank Anytime,Anywhere :r epancy in the
with our Mobile App on
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Tratis(#: 3`� 12:55:45` or under its
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Date: 04/13/18 Date: 04/13/18
16A23
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
April 10, 2018
CONSENT AGENDA (continued)
16.A.23. This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of City Gate Commerce Center Phase Three, (Application Number
PL20170002331) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE XMeetings I 'Correspondence Xe-mails Calls
2-24-17 Meeting - Roger Rice, John Stinhauer
6-1-17 Meeting - Roger Rice
6-7-17 email - Roger Rice
4-9-17 email -Teryl Brzeski
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item,all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended,the Calusa Island Village Planned Unit
Development(PUD),to allow up to two single-family dwelling units as an alternative to commercial
and multi-family development in the Commercial/Mixed Use Area of the PUD; and providing for an
effective date,for property located on the south side of Goodland Drive (C.R. 892),approximately one
half mile south of San Marco Road (C.R. 92), in Section 18,Township 52 South, Range 27 East, Collier
County, Florida [PUDA- P120160000087].
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I !Meetings Correspondence e-mails I iCalls
16 A23
GoodnerAngela
Subject: Ron Rice, John Stinhauer re: City Gate Commerce Center
Location: County Commission Office, 3299 Tamiami Trail East, Naples
Start: Fri 2/24/2017 3:00 PM
End: Fri 2/24/2017 3:30 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndrew
Required Attendees: rricel0@comcast.net; Andrew I. Sok (ASolis@cohenlaw.com)
With Roger Rice and John Stinhauer
www.citygatenaples.com
16A23
GoodnerAngela
Subject: Attorney Richard Rice -- City Gate, Sports Complex, Economic Development
Location: BCC Office, 3299 Tamiami Trail East, Suite 303
Start: Thu 6/1/2017 1:00 PM
End: Thu 6/1/2017 2:00 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
Categories: Commission Chambers
1
16 A23
GoodnerAngela
From: Teryl H. Brzeski <scudsite@aol.com>
Sent: Sunday,April 9, 2017 11:46 PM
To: TaylorPenny; FialaDonna; SolisAndrew; SaundersBurt; McDanielBill
Cc: OchsLeo; CasalanguidaNick
Subject: Sports Park Location, Visibility and Impact
Attachments: Magnolia Pond Sports.docx
9th April, 2017
Dear Commissioner,
We are all very excited by the prospect of enhancing and augmenting the availability of sports facilities
throughout Collier County and have watched with interest the complexities of balancing further development of
existing sites with building new ones under the challenge of managing budgetary constraints. In furtherance of
the discussion, I wished to address some key advantages relating to the Magnolia Pond property that perhaps
have not been adequately reviewed.
Visibility Adjacent to I 75 with high visibility. The only investment that will sell itself every day like
Germain Arena. Naming Rights income.
Accessibility I 75 Exit 101. Signalized intersection at Magnolia Pond Drive and Collier Blvd.
Proximity Between two Title 1 eligible `C' schools, extends local community recreation, promoting health
and academic attainment. Next to commercial property.
Economy Existing Hotels, retail and restaurant zoning, drive economic growth and create local jobs in
designated activity center.
1
16 A 23
Zoning Existing PUD zoning readily adaptable.
Smell Test PASS. Not located between a Water Treatment Plant and the County Landfill.
Availability Willing sellers ready to negotiate price for timely closing. All owners cooperative.
Best Value Magnolia Pond can be quickly developed in consideration of an economical solution.
Benefit Most importantly, puts our school children first.
In providing a high quality, destination sports facility,this represents the optimum site that includes
a self-promoting multi-use field and stadium location that maximizes the return on investment. With the long
time factor involved developing the existing County owned property that could act as a future expansion, should
it be needed, bigger is not better. The adjacent City Gate site is expensive and is also blighted by the sewage
plant and county dump sandwich— is this really the Welcome to Naples we want our visitors to receive and then
charge them for the privilege? It sends a rotten message.
Magnolia Pond hits the sweet spot. Please consider it in your deliberations for the cost analysis and find that its
many benefits make it the best choice.
Sincerely,
Teryl H. Brzeski
Manager, Magnolia Pond Holdings LLC
2
p A23
GoodnerAngela
From: Roger Rice <Roger@attyrogerrice.com>
Sent: Wednesday, June 7, 2017 4:20 PM
To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill
Cc: Genevieve Turner
Subject: City Gate Commerce Park&Conceptual Collier County Amateur Sports Park
Attachments: 2017.06.07 - RBR Letter to Commissioners - City Gate.pdf; 2017-06-07 OVERALL AERIAL
LOCATION EXHIBIT - used with Letters.pdf; Press Conference Letter.pdf
Dear Commissioners,
I represent the owners of City Gate Commerce Park(collectively"City Gate"). Attached hereto please find a
copy of my letter to you and my letter, which was included in Commissioner Penny Taylor's Press Conference
today.
If you or your staff have any questions or concerns, please do not hesitate to contact me.
Roger
Roger B. Rice, Esq.
Roger B. Rice, P.A.
9010 Strada Steil Court, Suite 207
Naples, Florida 34109
Phone: 239-593-1002
Fax: 239-593-1309
1
16A23
Roger B. Rice
Attorney at Law
9010 Strada Stell Court
Suite 207
Naples, Florida 34109
Phone: 239-593-1002 Facsimile: 239-593-1309
June 7, 2017
RE: CONCEPTUAL CITY GATE I COLLIER COUNTY AMA l'EUR SPORT PARK
GREATER NAPLES CHAMBER OF COMMERCE
I represent the owners of City Gate Commerce Park(collectively"City Gate"). City Gate
representatives were pleased to see, in Monday night's WINK News Report, the City Gate
property described as "one of Collier County's most valuable pieces of land". City Gate
representatives have long touted City Gate's location near I-75 in the coastal urban area of Collier
County, its vested entitlements and its permits in hand (including its PUD/DRI, Federal Fish &
Wildlife Permit from the US Fish and Wildlife Service and an Environmental Resource
Permit from the South Florida Water Management District).
On the other hand, I thought it would be wise to respond to concerns voiced by Michael Dalby
CEO of the Greater Naples Chamber of Commerce in that same WINK News Report: that
if the County Sports Complex were sited on City Gate it would rob the County of City Gate's
potential as a site for light industrial jobs, "high-wage, high-value, high-skill", like Arthrex.
Mr. Dalby stated that he supported the Sports Complex,but because of his concern,he urged
Collier County to look at other sites.
City Gate contains plenty of land for both work and play. If the conceptual public private
partnership between City Gate and Collier County for the phased development of an amateur
sports park were to proceed, the first phase would be developed on 60 acres of City Gate
and the second phase on the County land to the east, known as the "CC305". Over 154 acres
of lots will remain available in City Gate.
To put that in perspective, Arthrex headquarters are located in the Creekside PUD, which
had 50 acres of light industrial zoning. The Hertz headquarters in Estero is 250,000 square
feet on 20 acres. In other words, City Gate could accommodate the contemplated Sports
Complex and a project the size of Arthrex in Creekside, a project the size of Hertz
headquarters in Estero, and still have over 84 acres lots available for other projects.
The City Gate Commerce Park PUD Ordinance and DRI Development Order entitles 250
hotel units, 90,000 square feet of retail building space, 826,000 square feet of office building
• 't A 16A23
space, and 1,920,000 square feet of building space, which includes both light industrial and
recreational uses. In other words, City Gate's 1988 zoning is entirely consistent with, and
permits recreational use, like the conceptual Sports Complex.
The principals of City Gate have been investors in Collier County since the 1970s and were
pleased to participate in the conceptual discussions with the County on the Sports Complex.
We believe that the Sports Complex is would in the best interest for the County and not
significantly restrict the development of light industrial,with high-paying jobs,on City Gate.
Respectfully submitted,
- - —
Roger B. Rice
RBRJget
16A23
Roger B. Rice P.A.
Attorney at Law
9010 Strada Stell Ct.
Suite 207
Naples, Florida 34109
Phone: 239-593-1002 Facsimile: 239-593-1309
June 7, 2017
Conunissioner Donna Fiala, District 1 Commissioner Andy Solis, Esq., District 2
Collier County Commissioner Collier County Commissioner
Email: DonnaFiala@colliergov.net Email: AndySolisCcoiliergov.net
Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4
Collier County Commissioner Collier County Commissioner
Email: BurtSaunders@colliergov.net Email: PennyTaylor@colliergov.net
Commissioner William L. McDaniel, Jr.
District 5
Collier County Commissioner
Email: BillMcDaniel@colliergov.net
VIA EMAIL
RE: CONCEPTUAL crry GATE/COLLIER COUNTY AMATEUR SPORTS PARK
Dear Commissioners,
1 represent the owners of City Gate Commerce Park(collectively"City Gate"). Attached hereto
please find a copy of my letter,which was included in Commissioner Penny Taylor's Press Release
today. That letter provided City Gate's response to the concerns of Michael Dalby, CEO of the
Greater Naples Chambers of Commerce, in the WINK News Report which first aired on Monday,
July 5,2017;to wit,if the County Sports Complex were sited on City Gate it would rob the County
of City Gate's potential as a site for light industrial jobs, which could be "high-wage, high-value
and high-skill."
Upon prior Board of County Commissioners direction,Nick Casalanguida,Deputy County
Manager, and other County staff, have over a course of months met multiple times with myself
and other City Gate representatives to evaluate the potential for a public private partnership
between City Gate and Collier County for the phased development of an amateur Sports Complex.
Conceptually, the first phase would be 60 acres on City Gate property and the second phase on the
County land, known as the "CC305." See aerial herewith.
16A23
City Gate believes that Mr. Dalby's concerns are unfounded. I point out that City Gate has
plenty of land for the conceptual 60-acre Sports Complex, with 154 acres of developable lot acres
left over. These 154 acres could accommodate a project the size of Arthrex in Creekside, a project
the size of the Hertz headquarters in Estero, and still have over 80 acres of developable lots
available to accommodate other significant projects.
I want to assure each of you that City Gate will immediately reach out to the Collier County
Office of Business&Economic Development, the Greater Naples Chamber of Commerce, and the
Southwest Florida Economic Development Alliance to clear any misunderstanding and foster a
productive coalition, which could focus on attracting projects with "high-wage, high-value, high-
skill" light industrial jobs to the City Gate site.
Respectfully submitted,
4.:(ZZ
Roger B. Rice
RBRlget
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16A23
Ex parte Items - Commissioner William L. McDaniel, Jr.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
April 10, 2018
CONSENT AGENDA (continued)
16.A.23. This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of City Gate Commerce Center Phase Three, (Application Number
PL20170002331) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE ZMeetings I (Correspondence [ e-mails I (Calls
Met with developers
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended,the Calusa Island Village Planned Unit
Development(PUD),to allow up to two single-family dwelling units as an alternative to commercial
and multi-family development in the Commercial/Mixed Use Area of the PUD; and providing for an
effective date, for property located on the south side of Goodland Drive (C.R. 892), approximately one
half mile south of San Marco Road (C.R. 92), in Section 18, Township 52 South, Range 27 East, Collier
County, Florida [PUDA-PL20160000087].
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails I (Calls
16A23
FilsonSue
Subject: Ron Rice re agenda item for the 28th in City Gate
Location: Marriott Hotels/Fairfield Inn 3808 White Lake Blvd. meet him in the lobby
Start: Mon 2/20/2017 2:00 PM
End: Mon 2/20/2017 3:00 PM
Recurrence: (none)
Organizer: McDanielBill
Ron Rice: 598-5270
He wanted to see you before the 28th and I couldn't find another time. Sorry.
16A23
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
April 10, 2018
CONSENT AGENDA (continued)
16.A.23. This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of City Gate Commerce Center Phase Three, (Application Number
PL20170002331) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE > Meetings ❑Correspondence 1e-mails [Calls
Meetings and discussions with Nick Casalanguida, Ron Rice, Mark Strain, emails
from the Communities about the Sports Park
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended,the Calusa bland Village Planned Unit
Development (PUD),to allow up to two single-family dwelling units as an alternative to commercial
and multi-family development in the Commercial/Mixed Use Area of the PUD; and providing for an
effective date,for property located on the south side of Goodland Drive (C.R. 892), approximately one
half mile south of San Marco Road (C.R. 92), in Section 18, Township 52 South, Range 27 East, Collier
County, Florida [PUDA- P120160000087].
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings _Correspondence I le-mails I 'Calls
16A23
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
April 10, 2018
CONSENT AGENDA (continued)
16.A.23. This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of City Gate Commerce Center Phase Three, (Application Number
PL20170002331)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE ( !Meetings Correspondence I le-mails (Calls
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended,the Calusa Island Village Planned Unit
Development(PUD),to allow up to two single-family dwelling units as an alternative to commercial
and multi-family development in the Commercial/Mixed Use Area of the PUD;and providing for an
effective date,for property located on the south side of Goodland Drive (C.R.892), approximately one
half mile south of San Marco Road (C.R. 92), in Section 18,Township 52 South, Range 27 East,Collier
County, Florida [PUDA-PL20160000087].
>1 NO DISCLOSURE FOR THIS ITEM
Pl SEE FILE Meetings Correspondence e-mails Calls
16 A23
Ex parte Items - Commissioner Penny Taylor
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
April 10, 2018
CONSENT AGENDA (continued)
16.A.23. This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of City Gate Commerce Center Phase Three, (Application Number
PL20170002331) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE I !Meetings I !Correspondence e-mails I,CaIIs
Broad discussions with staff.
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended,the Calusa Island Village Planned Unit
Development(PUD),to allow up to two single-family dwelling units as an alternative to commercial
and multi-family development in the Commercial/Mixed Use Area of the PUD; and providing for an
effective date,for property located on the south side of Goodland Drive (C.R.892), approximately one
half mile south of San Marco Road (C.R. 92), in Section 18,Township 52 South, Range 27 East, Collier
County, Florida [PUDA- PL20160000087].
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I Meetings I !Correspondence I le-mails Calls