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Backup Documents 03/27/2018 Item #11F �jiug-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP J‘i-CMA0191TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 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. Jeff Klatzkow, County Attorney County Attorney JAK b� County Attorney Office J lys I 3 x-ia 2. BCC Office Board of County AS b Commissioners J}})61 gF- 17r- 3.. Minutes and Records Clerk of Court's Office 1 Q a :919y1O 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 Toni A.Mott Phone Number 239-252-8780 Contact/Department Agenda Date Item was -27'.1-271-3-' _ l Agenda Item Number 11F Approved by the BCC f Type of Document Second Amendment to Developer ,greement✓ Number of Original 1 i Attached Documents Attached PO number or account 001-103010 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? TAM 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. 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 N/A 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 TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 March 27,2018 and all changes made TAM 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 AX by BCC,all changes directed by the BCC have been made,and the document is ready for the *l) Chairman's signature. 1: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 INSTR 5531434 OR 5491 PG 3349 RECORDED 3/29/2018 9:19 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$44.00 INDX$1.00 SECOND AMENDMENT TO DEVELOPER AGREEMENT City Gate 1 1 F THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this all of MARA,14 , 2018, 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 121 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 on 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, the Developer and County entered into a First Amendment to Developer Agreement on June 23, 2015, which is recorded in Official Record Book 5168 at page 3989 et seq., in the Official Records of Collier County, Florida ("Amendment"); and WHEREAS, Developers warrant and represent to the County that they continue to have full ownership or control with respect to all portions of the land within the PUD which are the subject of this Agreement; and WHEREAS,the parties wish to further amend the Developer Agreement as set forth below("Second Amendment"). 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. CAO sfi' 11F 2. The Parties hereby amend the Site License Agreement as follows: Paragraph 2: County,at its sole cost and expense,will design,permit,provide CEI, construct and otherwise extend City Gate Boulevard North from the current terminus to the eastern property line of the City Gate DRI/PUD and the western property line of the County's adjacent property, with the typical section as approved in attached Exhibit 1. Developer will assist the County with obtaining all necessary permits by providing the County at County's request with all available support documentation. Further, in order to add the access point to the existing PUD or the DRI Development Order, County will be responsible to fund, process and obtain all necessary development orders to include, but not limited to, any PUD, DRI Development Order, South Florida Management District, Department of Environmental Protection(DEP) or any other agencies changes, as needed, to add this access point. This road will be used to develop and access the Resource Recovery Park and . . . • - - - -- •• -- -- .. .. . the County's use of the adjacent 305 acre parcel owned by Collier County, including but not limited to any expansion of the Sports Complex. The road will be gated ufitil-needed-by the County at the eastern end on the County's side of the property line. The County may move the gate and extend City Gate Boulevard North for an expansion of the Sports Complex on the 305 acre parcel. , and no No additional traffic will be allowed to use City Gate North Boulevard North until the connection is made to the Wilson Boulevard- Benfield Road Extension, either to the east or to the south. A temporary turnaround will be provided in front of the gate, until the gate is moved by the County. Paragraph 3: Developer shall install all street lights when within eighteen (18) months of platting the adjacent property abutting the extension of City Gate Boulevard North or prior to the certificate of occupancy of the first structure on the Sports Complex, whichever is earlier. 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 Boulevard North will include conduit for other future utilities and irrigation. Developer may install irrigation and landscaping in the ROW, when within eighteen (18) months of platting the adjacent abutting 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. • . - .. .•- •• •- .. - - - - - _ 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. Developer and its lot purchasers shall be required to obtain ROW Permits for City Gate Boulevard North, but not for Brennan Drive or City Gate Boulevard South. Paragraph 4: Developer will dedicate the right-of-way and ancillary water management needed for the roadway extension 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- Page 2 of 5 C), 1 1 F 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. Paragraph 5: - .. -- - • ••- • . . •-• , All all of City Gate will be deemed vested for transportation concurrency. Site access improvements to the individual lots will be the responsibility of City Gate or their end users. Developer will continue to be responsible for DRI monitoring and compliance. 3. Except as modified herein,the remaining terms of the Agreement and First Amendment remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Second Amendment to be executed by their appropriate officials,as of the date first above written. . a•Ol` Attest: BOARD O' CO !4 T CO i ' j ERS DW HT E. BR K Clerk, COLLI ' CO T', - ii -l.i • . et % O By ...- Attest as to MitttitniVerk Andy Solis, Chairman sigteturp, nv. ApproNcd .s ofprnrandlegality: d9----- It/ '-i% Jeffrey •' K1 ; zkow, County Attorney AS TO I a OPER: vl Sign;• .ealed and Citygate Development, LLC de 'd in the presence of: A Florida Limited Liability Company kh g •ture fosep' R. Weber, Vice President LAr,..oltgE 7 .5.-r r Pri ted Name f ' ' ' l/l gnature 3usfn { 0tC��1 Pnnted Name Page 3 of 5 111) , 11F STATE OF Oh l'D COUNTY OF SUmrYI i i-- The "The foregoing instrument was acknowledged before me this 2'1 day of Nlaral , 2018, by Joseph R. Weber, as Vice President of Citygate Development, LLC, a Florida limited liabilityo Q�mp�any, who is personally known to me or has produced ,,,.r`. vpR, ?v,jdentification. ,•• �P. TATE a O /y , ;��v b\ --\\1///`-,40 �% I vtil el�SL- k U aAAsce' 0)-, Is Notary Public .fir./ .�; 01= Print Name: MIoneile Pc ,Varisco . Z� , ;.- ei ��. Q y'= My Commission Expires: H/13/ l :Is, /-/i�7C�RDEDN .' `Q` y‘ Signe•, -ar •fiia.''ss''oN''..''`� 850 NWN, LLC deli -res in the presence of: A Florida Limited Liability Company A 1 , , , , I AK ,_ , By: i 414 (VAL') Sit, a: re J•sep /a. Weber, Vice President f; aideeL e 7 /E/cit � Printed Name O I` 4 ignature (-TJ5M 1 -0 CL'1 Printed Name STATE OF Oh;0 COUNTY OF SLlfl/1Mi-(; The foregoing instrument was acknowledged before me this a7 day of (V1Q,rc,I,1 , 2018,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 identificatio .rw'AR►"0n''�,,, 0�‘•�,P SW-q.OF O #i- Vim,;"0410 ' ' �, Notary Public • ��; R' Print Name:m1 clic I lc A Vete/SC 6 oZt>E,., " = My Commission Expires: 4/13' 19 %. a lb, ///I ,)om f. It;,,,,‘ t;-. C Page 4 of 5 a____ 1 1 F Signed, sealed and CG II, LLC deliv; et in the presence of: A Florida Limited LiabilityilCompany 11 /, • , ` ��r,i,— By: lfV i n.ture / / /osep)'R. Weber,Vice P sident P 'nted Name i .A it lC �L.1I::.ki • ignature 37,,ti -rii --)OfiiCker Printed Name STATE OF c v i COUNTY OF S(�l.YY1CYt t't The foregoing instrument was acknowledged before me this ').-1 day of V\ACIV(ill , 2018, 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. ,01111 I tttttt10 4.00 E A. VAR'''•.,, kAdlik A U oars Co �:`V�Q,`��‘1/��,p Notary Public 1r:,-: .� '15 s n ,8,,.,,,_ Print Name: fVIIG�I��Q Iq�V( ISC� I i My Commission Expires: 4/13/ 19 •T'- IIr X47, s‘12-1%esql... L.,';- -:1 �tttttttttu0N, ft Page 5 of 5