Agenda 04/10/2012 Item #16A 84/10/2012 Item 16.A.8.
EXECUTIVE SUMMARY
Recommendation to recognize the commitment of the prepayment of road impact fees in
the City Gate Developer Agreement (Agreement) recorded in O.R. Book 4517, Page 640
and to convert a temporary five year Certificate of Public Facility Adequacy (COA) into a
COA in perpetuity.
OBJECTIVE: To recognize that City Gate (Developer) has paid sufficient funds to meet the
current COA requirement needed to achieve a COA in perpetuity based upon modifications to
the Consolidated Impact Fee Ordinance.
CONSIDERATIONS: The BCC approved a Developer Agreement on December 1, 2009
which is recorded in Official Records Book 4517, Page 640. This Agreement defined
transportation commitments, enhances access and preserves the Wilson/Benfield transportation
corridor consistent with the County's Long Range Transportation Plan. The Agreement also
identified a specific dollar commitment based on values from a fee schedule adopted at that time
and established payments into five equal annual installments. The Developer was issued a five
year temporary COA after receipt of the initial payment with an expiration date of January 15,
2015.
By Ordinance 2010 -38 adopted September 28, 2010 and by Ordinance 2011 -05 adopted
February 22, 2011, Road Impact Fees for the land uses authorized in the Phase Two Plat were
reduced by approximately 40% versus the rates in effect at the time the 2009 Developer
Agreement was executed. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which
amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity will be
issued upon the payment of thirty -three percent of the estimated road impact fees.
The Developers advanced payments of road impact fees in the amount of $3,520,921.56
surpasses one hundred percent of the estimated Phase Two road impact fees based on current
rates (Estimated at $3,283,130.44). The roadway adjacent to City Gate development (CR -951 at
I -75) is under construction and is fully funded. The specific payment schedule identified in the
current agreement was contemplated in order to provide surety for the expansion of CR -951 at I-
75.
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.
Due to these changes to the Consolidated Impact Fee Ordinance the Developer has requested that
the County recognize the full payment of road impact fees, issue a COA in perpetuity and
acknowledge that no further payments are due at this time. Staff agrees with the request and
recommends approval as requested due to the fact that the roadway project adjacent to City Gate
contemplated to be funded by the Agreement is fully funded and under construction and they are
in compliance with our current fee schedule.
FISCAL IMPACT: Approval will eliminate two additional payments equaling $2,347,281.04.
Due to the reduction in impact fee rates, the applicant has paid 100% of the current impact fees
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4/10/2012 Item 16.A.8.
applicable to this development. Road impact fees previously collected through the Agreement
amount to $3,520,921.56 and the elimination of future payments will not impact project #60092
(CR -951 at I -75).
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, with
staff's approach having been recommended by the County Attorney. Because impact fees have
fallen subsequent to the execution of the DCA, the Developer's commitment to prepay estimated
transportation impact fees has been fulfilled. Accordingly, this item is legally sufficient,
requiring majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners recognize that the
Developer has paid 100% of the current road impact fees due at this time, directs the County
Manager or designee to issue a COA in perpetuity and suspend the requirement for three
additional payments as defined in the current Agreement.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
Attachments: 1) Original DCA; 2) Site Map
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4/10/2012 Item 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8.
Item Summary: Recommendation to recognize the commitment of the prepayment of
road impact fees in the City Gate Developer Agreement (Agreement) recorded in O.R. Book
4517, Page 640 and to convert a temporary five year Certificate of Public Facility Adequacy
(COA) into a COA in perpetuity.
Meeting Date: 4/10/2012
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
3/14/2012 11:10:16 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/14/2012 11:32:15 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 3/15/2012 9:27:34 AM
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 3/20/2012 9:34:58 AM
Name: MarcellaJeanne
Title: Executive SecretaryTransportation Planning
Date: 3/28/2012 5:04:38 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 3/30/2012 8:58:30 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 3/30/2012 9:26:24 AM
4/10/2012 Item 16.A.8.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/3/2012 12:06:14 PM
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INSTR 4371513 OR 4517 PG 640 RECORDED 12/9/2009 12:48 PM PAGES 65
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/10/2012 Item 16.A.8.
REC $554.00
DEVELOPER AGREEMENT
City Gate
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this ofecori.l�� , 2009, by and between Citygate Development, LLC,
850 NWN, LLC and CG Il, 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, Developer is the owner, except for lands conveyed to Iot purchasers in the
Phase One Plat as hereafter defined, of approximately 287.187 acres of land in unincorporated
Collier County, Florida, located east of Collier Blvd. at City Gate Drive (hereinafter referred to
as the "Development'. A legal descript' m -"e Development, together with a graphic
rendering, is attached as Exhibit A; and - --X t✓ ^w ;�,,
i
N.
WHEREAS, on Decembe 9 88, the Board �i our{ty Commissioners of Collier
County (BCC) adopted bothI ev9la i-of Regional Impact Development Order No. 88 -2,
which has been subsequen y ain' e ere atef- `i ferred to as the "DRI Development
Order "), and Ordinance No. 88- h e t *in "A -2" — Agriculture to
"PUD" — Planned Unit Dexielo a t, 'r dbv`e5pe knowh as City Gate Commerce
Park (the "PUD "); and ! ,.ti �ye�
Y=- UJI
WHEREAS, Section ,,;.titled Transportatik-1of Ithe`lQ10 Development Order, sets
forth the transportation c ns of the DeWoptperlt of ereinafter "Transportation
Conditions "); and
WHEREAS, that portion 4ce of the Florida Power & Light
Easement (hereinafter "FPL Easement ") �in February 2004, said subdivision of the
Development named "City Gate Commerce Center, Phase One" (hereinafter "Phase One Plat")
and recorded at Plat Book 41, Pages 6 through 7 of the Public Records of Collier County; and
WHEREAS, Citygate Development, LLC is the owner of the Phase One Plat, less lands
conveyed to lot purchasers, and has caused subdivision improvements, including, but not limited
to, roads, water and sewer lines, stormwater management facilities, and street lighting in Phase
One Plat to be installed; and
WHEREAS, the County issued a Determination of Vested Rights for the City Gate DRI
& PUD (VRD #2005 -AR -7550) on November 15,2005; and
WHEREAS, an application for the City Gate Commerce Center, Phase Two Plat, has
been submitted to the County (PPL -AR -6476; submitted September 9, 2004) (hereinafter "Phase
Two Plat ") a copy of which is attached as Exhibit B; and
Final DCA 11 -17 -09
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OR 4517 PG 641
4/10/2012 Item 16.A.8.
WHEREAS, the remaining portion, less the Phase One Plat, of the Development is
owned by 850 NWN, LLC and CG II, LLC. A sketch depicting ownership of the Development
is attached as Exhibit C; and
WHEREAS, the County has designed certain improvements to and expansion of Collier
Boulevard, from Collier Boulevard's intersection with Davis Boulevard/Beck Boulevard to the
Golden Gate Main Canal (which canal abuts the northern boundary of the Development), as a
"modified six -lane" roadway (hereinafter "Collier Blvd. Project'). The section of Collier
Boulevard adjacent to the Development will contain eight (8) lanes of through traffic, with one
southbound lane terminating at Davis Boulevard and one northbound lane dropping off at City
Gate Boulevard North; and
WHEREAS, the County has requested that the Development's intersections at Collier
Boulevard be reconfigured, as part of the Collier Blvd. Project, so that the traffic signal at City
Gate Drive may be moved to City Gate Boulevard North, and all westbound exiting left turn
traffic will use City Gate Boulevard No��''_e--�r.,__because of delays beyond the County's
and Developer's control (e.g. the -M ou — ion of Noah's Way across Collier
Boulevard from City Gate BoulevX e mitts of the intersections will need to
be done in stages; and
WHEREAS, the
while the intersection re
certain streets in the Del
said streets is vested in a
WHEREAS, the Trak�04ation Administrator.
Two Plat on (1) City Gate Bb kI , d North being A4
future use as part of the Wilsonoiard. Extension, (2)
phases of the Development for Citly,� levard NDrt
the unplatted portions of the Develo to -I ' 6of
Wilson Boulevard Extension, and (3) City var
divided roadway; and
the ` Devklopment are to be private,
i yd. Project would require that
t¢ reeardless of whether title to
cond �ed approval of the Phase
le�#`#�"iise as a public roadway and
Vr`aservation of a corridor in future
ide an easterly connection over
he Phase Two Plat to the proposed
North being constructed as a 4 -lane
WHEREAS, on October 27, 2009, the Board of County Commissioners approved the
Wilson Boulevard Extension/Benfield Road Corridor Study Report which, among other things,
proposes to utilize City Gate Boulevard North for access from the Wilson Boulevard
Extension/Benfield Road Corridor to CR 951 (Collier Boulevard); and
WHEREAS, the Developer is willing to enter into this Agreement to accommodate the
above and to permit the amendment of the PUD, such amendment to provide that the streets in
the Development shall in all cases be open to travel by the public, and which amends no other
PUD provision; and
WHEREAS, the County has requested, and the Developer has agreed to satisfy the
Transportation Conditions of the Phase Two Plat by making advance payment of road impact
fees and by participating in the County Certificate of Public Facilities Adequacy Program
Page 2 of 16
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OR 4517 PG 642
4/10/2012 Item 16.A.8.
(hereinafter "COA Program ') in the manner set forth in this Agreement and Section 74- 302(h) of
the Collier County Code of Laws and Ordinances; and
WHEREAS, this advance payment will substantially assist the County's collection of
revenue for planned capital road projects, as road impact fees paid under this program will be
immediately available to the County for appropriation to implement capital road facility
improvements; and
WHEREAS, the parties agree that the making of this advance payment and the
performance by Developer of the other obligations under this Agreement satisfy the
Transportation Conditions required for the build -out of the Phase Two Plat by the DR]
Development Order; and
WHEREAS, the County wishes to obtain sufficient right -of -way through the
Development to enhance interconnectivity consistent with the County's Long Range
Transportation Plan (LRTP); and
WHEREAS, the Transport tun str a ended to the Board of County
Commissioners that the Develops ' is in conformity wt#h co templated improvements and
additions to the County's LRT) ; ancl",__— I
WHEREAS, after reaso7' si, o ea iof Commissioners, the Board
finds and reaffirms that:
a. The Developu�°lsifi c�mi�y –with oziated improvements and
additions to m bounty s long -term tran " 9rtaUI stem;
b. The Developme ewed in conjunction �` i er existing or proposed plans,
including those fro a velopers� ' versely impact the cash flow or
liquidity of the Coun it a } st accounts in such a way as to
frustrate or interfere with 0
1),
frustrate ongoing growth - necessitated capital
improvements and additions to the County's transportation system; and
C. The Development is consistent with both the public interest and with the
Comprehensive Plan.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
Page 3 of 16
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OR 4517 PG 643
4/10/2012 Item 16.A.8.
Preconditions
2. This Agreement is conditioned upon the following:
a. The approval of the Phase Two Plat as shown on attached Exhibit B which
the Developer originally filed with the County on or about September 9,
2004, and without additional stipulations, conditions or requirements to
those set forth in attached Exhibit D; and
b. The establishment of the City Gate Community Development District
( #CDD- 2009 -1) (hereinafter "City Gate CDD "), which the Developer filed
with the County on April 7, 2009; and
C. The approval of a PUD amendment that will provide that all streets within
the Development shall in all cases be open to travel by the public, and which
amends no other PUID PjO cM0n-
R Co
a s Oblige nx�s �
3. The Phase T Plat' dill -be— recorded in the Public ecords of Collier County,
E ,
Florida within ten business days fro ate pre 8o ditions %set o rth in paragraph 2 above
I
are fully met. //71, F 77�
4. The County'ls, -off c nay aagP
estimated road impact fees i the%sys em ora 'vane TW
a Certificate of Adequate Pub �icTacilities (hereinafter `
Transportation Conditions for , e' ase Two Plat, the I
estimated road impact fees by `txttli the established
make this advance payment, the dlo , ll a
estimated road impact fees in five equ ' _Me tit W$
1r ,,tiie advance payment of
fiction with the issuance of
Ofore, in order to satisfy the
Vl make advance payment of
s of the COA Program. To
the sum of $5,868,202.60 in
a. The sum of $1,173,640.52 within 30 days from the date all preconditions
as set forth in paragraph 2 above are fully met.
b. Commencing with the first anniversary, of the recording of the Phase Two
Plat, four annual payments in the sum of $1,173,640.52.
In addition, the Developer will deposit with the County security in the form of a letter of
credit from a financial institution acceptable to County, the form of which is set forth in attached
Exhibit E, for a term of four years, in an amount equal to $1,173,640.52. Upon full payment of
$5,868,202.60, the security will be released. An additional payment of $1,173,640.52 may be
made in lieu of a letter of credit and will be treated as payment of the final 20% of the estimated
road impact fees.
A five -year temporary COA shall be issued, following receipt of the initial payment and
security provided above for the square\footage and uses described in attached Exhibit F for the
Phase Two Plat. In addition, the County shall reserve the corresponding capacity in the
Page 4 of 16
C.,
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OR 4517 PG 644
4/10/2012 Item 16.A.8.
concurrency management system as shown on Exhibit F, and a COA will be issued in perpetuity
upon payment of 100% of the estimated impact fees.
Failure to submit payment in accordance with paragraph 4.b. above will be addressed as
set forth in paragraph (h)(4) of Section 74 -302 of the Collier County Code of Laws and
Ordinances.
The County acknowledges that upon full payment of the estimated impact fees in accord
with paragraph 4.b. above, all of the Development's Transportation Conditions, as required by
the DRI Development Order will have been satisfied through the Phase Two Plat, for the
aggregate level of development set forth in the COA for the Phase One Plat and the COA for the
Phase Two Plat. Accordingly, the Developer shall be entitled to obtain certificates, certificates of
occupancy, site development plans, plat approvals and building permits for its Development (or
portions thereof, as applicable) subject to the applicable permitting and review process. Issuance
of COAs, however, will not relieve the Developer from its respective obligation to pay any
additional road impact fees. r ----
Both parties agree that
transportation impact fee sche
Transportation Conditions throu
on each end user within the Aa
the time of the application b
shall in no event be modifiz d
the Board of County Commz isst
State Legislature to reduce o.o
or in part, by a mobility or lid+
Reduction may be applied by
its full payment
e impact fees of
However, any r
;r per paragraph
on the
t is based on the current
all of the Development's
.on of road impact fees due
pt fee schedule in effect at
,202.60 advance payment
t not limited to, action by
31ct fees, or action by the
is ( "Reduction "), in whole
credits generated by such
5. The Developer shally`y' ie- iYount}c theu;o# $350,000 for its fair share of
improvements at the intersections of with City Gate Drive and City
Gate Boulevard North as part of the Collier 1kv: . j ct thirty days after the preconditions set
forth in Paragraph 2 above have been met. This fair share was calculated based on the
construction of both intersection configurations described in (a) and (b) below.
a. Because of the delay in the construction of Noah's Way, the two
intersections will initially be built as depicted in attached Exhibit G; and
Upon the construction of Noah's Way, the County plans to reconfigure the
two intersections, moving the traffic signal from City Gate
Drive/Magnolia Pond Drive to Noah's Way /City Gate Blvd. North, as
depicted in attached Exhibit H.
6. Developer agrees to accommodate the County's required dedications /reservations
for public roads as follows:
a. All roads within the Development shall be open to the public without
restriction. All right -of -way may be, at Developer's sole option, dedicated
Page 5 of 16
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OR 4517 PG 645
4/10/2012 Item 16.A.8.
to the City Gate Commerce Park Master Property Owners' Association
and/or the City Gate CDD. The segments of right -of -way containing the
roadway described in paragraphs 7. a, b and c below may be, at
Developer's sole option, dedicated to the County.
b. Street lighting, landscaping and irrigation within all roads and rights -of-
way within the Development shall be maintained by the Developer or its
assigns in perpetuity. As the installation and permanent maintenance of
street lighting, landscaping and irrigation are the responsibility of the
Developer or its assigns, the County may not impose standards above the
minimum standards imposed for these items in the Collier County Land
Development Code for private or public roadways, whichever standard is
less.
C. All roads shall be maintained by the Developer or its assigns except as set
forth in paragraph _1 —belay Road Maintenance shall mean the
maintenance o `e : !''YiTding but not limited to, sidewalks,
pavement, cur e, strnpm ��`oadway drainage system within
the right- q{i�ay.'
d. As
1. Th Deve'I` p r �ha 1 deli cn ir{rswe the design, the permitting
`�th�su ti Cit Gatej$ilevard North within the
'P.l}ase�iwo F�]&r a`ittTr -lan cer adway, with a minimum
oot median substan ly i� aca� ance with attached Exhibit
I, ommodate not on�� / Qr`a1e" s traffic, but also the traffic
froture Wilson Blvd. eon.
N,
2. The Dev alhdpursue the design, the permitting
and the recons tvctiorr of City Gate Boulevard North within the
Phase One Plat in accordance with attached Exhibit J to increase
the operational capacity of the intersection with Collier Boulevard
to accommodate both the Development's traffic and the anticipated
traffic from the Wilson Blvd. Extension.
3. The Developer shall mill and repave the areas of White Lake Blvd.
as shown on attached Exhibit K and will also remark and stripe all
Phase One Plat roadways with thermo markings and striping in
order to better accommodate both City Gate's traffic and public
traffic. Upon completion of this repaving and restriping, the
County will release the Phase One Plat Construction and
Maintenance Security/Letter of Credit, a copy of which is attached
as Exhibit L.
Page 6 of 16
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OR 4517 PG 646
4/10/2012 Item 16.A.8.
7. The County will accept permanent Road Maintenance responsibility, if delegated
by the Developer, its successors or assigns, or the City Gate CDD, but only for the segments, or
any of them, listed in a through c below, as follows:
a. That segment of City Gate Blvd. North from Collier Boulevard (CR -951) to
the turn-around after acceptance of construction improvements defined in
paragraph 6(d).2 and 3 above. See attached Exhibit M.
b. That segment of White Lake Blvd. north of City Gate Drive, after acceptance
of construction improvements defined in paragraph 6(d).2 and 3 above. See
attached Exhibit M.
c. City Gate Blvd. North within the Phase Two Plat, after acceptance of
construction improvements defined in paragraph 6(d).1 above, as shown on
attached Exhibit N, and when the road provides through public traffic to the
east of the Development.
8. The County will gr o' e Credits for the following:
a. The paycnen p,f for in paragraph above;
/ �
b. The dfffer f -� ssaY to accommodate future
public t tc in arc Exhibit 0 and which both
parties a of $ 810
C. The diffarppce in construction is �nec� s y to accommodate future
public tr�n accordance with the - 'hi6it P and which both parties
agree is v e $374,039.53; and
d. The cost of th'ehzio� kre � all Phase One Plat roadways,
which both parties a� g at $20,988.96.
Credits for road impact fees paid per paragraph 4.a. above shall be applied to road impact
fees assessed to building permits or site development plans for the Phase Two Plat in conformity
with the examples set forth in attached Exhibit Q, until the Phase Two Plat is either built -out or
the credits are exhausted or otherwise no longer available, or have been assigned by operation of
or pursuant to an assignment agreement with County. The Developer may use the road impact
fee credits provided in 8.b., 8.c., or 8.d. above to satisfy a portion of any annual payment of
estimated road impact fees as set forth in paragraph 4.a. or 4.b. It shall be the Developer's
obligation to notify the County that a credit is available related to 8.b., 8.c., or 8.d. above. The
credits set forth herein shall be applied solely to road impact fees or remaining Transportation
Conditions, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees
for which the Developer, its successors and assigns are responsible in connection with the
development of their lands. At any time, any unapplied Developer Road Impact Fee Credits
identified in 8.a. above, which Developer deems unnecessary for the build -out of the Phase Two
Plat, may be transferred to another plat or portion of the Development, provided that any land
uses associated with the transferred impact fee credits are relinquished from the Phase Two Plat
Page 7 of 16
�J
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OR 4517 PG 647
4/10/2012 Item 16.A.8.
COA and the Phase Two Plat COA is modified to delete those entitlements. The transferred
Developer Road Impact Fee Credits shall be reflected on any COA or comparable certificate
issued to evidence advance road impact fee payments made in conjunction with the future
platting or development of any unplatted lands within the Development. Upon build -out of the
Development, any remaining credits identified in 8.a., 8.b., 8.c., and 8.d. above may be
transferred to another approved project within the same, or adjacent road impact fee district,
provided any vested entitlements associated with the unspent and transferred impact fees are
relinquished and the COA is modified to delete those entitlements.
At any time prior to full payment of the advance payment of estimated road impact fees
as set forth in paragraph 4 a. and 4 b., a lot purchaser may obtain a permanent COA for its
property by paying 100% of lot purchaser's estimated road impact fees at the time of the
calculation of the lot purchaser's estimated road impact fees. The lot purchaser will provide the
prospective square footage and land use for the calculation of the estimated road impact fees for
issuance of the lot purchaser's permanent COA. At the time of this calculation, the lot purchaser
will be given a credit toward lot purchaser's 'mated road impact fees in an amount equal to lot
purchaser's estimated road impact fie ftrcentage of estimated road impact
fees paid by the Developer as re u3sedU 1 rap 4a, ". above. Lot purchaser shall be
required to pay the remaining l�jcs of lot purchaser's estates road impact fees to obtain a
permanent COA. Any cash pgymetrt Made -by,a lot purchaser to obtain a permanent COA will be
a credit against the next estimated/roakir�ct fee p e�tit required under paragraph 4 b.
9. For the advance r rayEne'o etirt ? iac fees for the Phase One Plat
($1,438,256.33 paid in l aK �O�(��. 1,7�1 5 68 a rch 2007 by Citygate
Development, LLC and an a� ton�1,297;626.�roa mpabtfeie payments by Phase One
Plat lot purchasers), the Could 's all issue to Citygate eve opurieut /LLC a COA in perpetuity
for the capacities allocated to tjufsquare footage and lryukea':cQeribed in, and in accordance
with, attached Exhibit R.
10. Site Development Plans( f'pr�o i ity Gate Phase One and Two Plats
shall only require a Transportation Impact that is limited to calculating the proposed
SDP evening peak hour trip generation (i.e. entering & existing driveway volumes) for that SDP,
recommending the location and configuration of the proposed SDP driveway access, and
analyzing the need for exclusive turn lanes on the internal City Gate road for an individual SDP.
11. The Parties hereby acknowledge the following:
a. . This Agreement does not diminish the Vested Rights Determination
previously issued by the County.
b. The County will construct the sidewalks and bike paths along the
boundaries of the City Gate lands that abut Collier Blvd. as part of the
Collier Blvd. Project. The construction of these sidewalks and bike paths
or payment in lieu of these sidewalks and bike paths shall not be required
of Developer.
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OR 4517 PG 648
4/10/2012 Item 16.A.8.
C. That nothing in this Agreement is intended to, or shall be interpreted as,
divesting or in any other way interfering with the Developer's right to
complete development of the DRI with all development uses and
intensities set forth in the DRI Development Order, nor shall anything in
this Agreement constitute a waiver of, or in any way diminish, the
Developer's rights under the PUD or DRI Development Order.
d. This Agreement shall be construed so as to give effect to its paramount
purpose, which is to assure that the Developer may complete the
development of the Phase Two Plat as authorized by the DRI
Development Order. The County shall be prohibited from refusing to
issue any development permits within the Phase Two Plat 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 accommQdaW-the.traffic from such authorized use.
e. That it is f e t f
ere is no PUD transportation
condition 4jwl sportation Conditto t r a buildout through the Phase
Two Pl thatas —r�et been satisfie , or ould not be satisfied by
Developer's corpliaace i �ligatioit un er this Agreement,
f. That itl re idin s goad° ' ` o r � ev @o ment permits that the
g �! � P P
Deve) pgr1li is o o eiv;n , co It re n private roads in City Gate
to public 2ise`` d grecto t on rgtt iio City Gate's access points
on ColVer%$oulevard (CR- 951),*(the Qo s considered City Gate's
develop'" 'ghts as set forth `rl$ by pcpevelopment Order and the
PUD and ds F this Agreement rePxesetnd assure the Developer that
it may comp velo me f aft, ase Two plat authorized by the
DRI Developme and that the public use of the roads
so dedicated or ^othrrocnse — t'6mmitted in this Agreement and the
reconfiguration of the access points will not result in any operational or
safety concerns that would entitle the County to refuse or restrict
development of the Phase Two Plat as authorized by the Development
Order and the PUD.
g. The Developer may assign certain of its obligations under this Agreement
to the City Gate CDD.
h. The construction of City Gate Blvd. North in the Phase Two Plat, in
substantial conformity with attached Exhibits I and S is essential to
providing access to the lots in Phase Two and allowing the Developer to
build in accordance with the DRI Development Order Master
Development Plan. Accordingly, the operation of, and access to, this
roadway may not be restricted or diminished from that in attached
Exhibits I and S. Without limiting the generality of the foregoing, the
County agrees that by this Agreement it has reviewed and approved the
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OR 4517 PG 649
4/10/2012 Item 16.A.8.
location of the driveway openings, median openings and left turn access
points depicted on City Gate Boulevard North in Exhibits I and S.
Therefore, the location of driveway openings, median openings and left
turn access points on an SDP and/or plat improvement construction plan
that conforms to or that substantially conforms to Exhibit I and S shall be
deemed approved by the County Manager or his designee. However, the
length and physical construction characteristics of driveway openings,
median openings and turn deceleration lanes shall be determined at SDP
review consistent with the existing Right -of -Way Handbook.
i. The County Manager or his designee has advised Developer that site
development plan approval for Phase Two Plat lots will be conditioned
upon the reservation of land to facilitate the future construction of a right
turn lane in conjunction with any driveway access on City Gate Boulevard
North. The County acknowledges that this is being done primarily to
accommodate the n arttici}�ate ftaffic to /from the Wilson Boulevard
Extension. Th oatvi}i 6ayi`'�ulg any requirement, standard, or
regulation cep' n e inty Land Development Code
(LDC), the �or any requiremen�ca:itats�ed in any document, order or
agreement to./W,hiGh-the Development, Developer, lot purchaser, or any of
the abpve , s �"at (h a " Requirements"), including, but not
limite to,/A er atti Site Development Plan is
submitted f o� v�r ent 1 where the County has
determnae t an �' �s 1 b rgtser� c4 � to facilitate the future
cons, a rig lTl tGrni'in c cti$ntwith any.driveway access
on Cit Boulevard North, t17 th ROg994ments shall be reduced by
the s / mension, area, or otrr► /i ved in the reservation to
facilitate ` re construction of the, rW turn lane. This reduction in
the Require " �i trated s d'Exhibit T. It is the intent of the
parties by this iTri servation to facilitate the future
construction of right will be at no cost to the County, while at
the same time assuring Developer that such reservations to facilitate the
future construction of right turns lanes will not result in a loss of any
developable area on the lots affected. It is also the intent of the parties by
this provision that the reservation to facilitate the future construction of
right turn lanes will be considered a "planned public use ", whether the
reservation is to be accomplished by the dedication of right -of -way or by
the dedication of an easement so long as the dedication provides for public
use. Lots whose Requirements are reduced by this provision shall not be
deemed to be nonconforming lots as a result of said reservation to
facilitate right turn lanes. The need for, the timing of construction and
physical construction characteristics of right turn lanes for driveways
located on City Gate Blvd. North shall be determined at SDP review
consistent with the existing Right -of -Way Handbook.
That the City Gate DRI /PUD is vested, but additional phases, beyond the
Phase Two Plat, may not proceed until the applicable Transportation
Page 10 of 16 �d
Packet Page -789-
OR 4517 PG 650
4/10/2012 Item 16.A.8.
Conditions have been satisfied. The parties agree that Developer shall
cooperate with the County in providing an alternative roadway network
consistent with the Wilson Boulevard ExtensionBenfield Road Corridor
Study Report approved by the Board of County Commissioners on
October 27, 2009.
k. That the Developer agrees to continue to construct in conjunction with a
subsequent plat approval, or allow the County to construct, City Gate
Boulevard North, beyond the Phase Two Plat, as shown on attached
Exhibit S with the same typical section as approved in attached Exhibit 1.
The continuation of City Gate Boulevard North to the east of City Gate is
subject to cooperation of the adjacent land owners and the inclusion of the
roadway into the County's adopted Capital Improvement Element (CIE).
The parties agree to utilize the same process for determining the difference
in the value of the right -of -way and construction for the remaining section
of City Gate B;ule va r used in paragraph 8.b. and 8.c. above, if
and when conei n�� A-
The Z
County I, notified the Developer. raft it may in the future close, or
partially/'close 4he-4nedian opening akity yQate Boulevard North and
White I akef$otifLr � wi out c ! n for damages by the Developer.
12. This Agreerr
agreement under the Florida
-1
OFrized as a development
Act.
13. The benefits of Iliisl eement shall mur�Q MVsuccessors in interest to the
parties to this Agreement. The .b bli atio reement shall be binding upon
P gs g g P
any successor to the County and to an u�c.or il" ei; provided however, that none of the
burdens and obligations of this Agreement s mg upon:
a. Citygate Development, LLC or its successors in interest, except for those
obligations which cannot be performed without the participation of Citygate
Development, LLC; i.e. dedication of right -of -way or improvements within
right -of -way in the Phase One Plat. Upon satisfaction of these obligations the
County shall provide a written release from this Agreement to Citygate
Development, LLC in a recordable form.
b. CG II, LLC (if it has transferred all of its interest in the Phase Two Plat
property to 850 NWN, LLC) or its successors in interest, except for those
obligations set forth in paragraph 1 Lk. Upon satisfaction of these obligations
the County shall provide a written release from this Agreement to CG II, LLC
in a recordable form.
c. Purchasers of lots, unless such purchaser is a Successor Developer as defined
herein. As used herein, the term "Successor Developer" shall mean any
Page I 1 of 16
Packet Page -790-
C%
OR 4517 PG 651
4/10/2012 Item 16.A.8.
purchaser or assignee whose ownership after a purchase or assignment
consists of more than 45% of the lot area in the Phase Two Plat.
14. The Developer acknowledges that the failure of this Agreement to address any
permit, condition, term or restriction shall not relieve either the applicant or owner, or its
successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation
governing said permitting requirements, conditions, terms or restrictions.
15. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
16. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties heret their successors in interest, excluding lot
purchasers unless considered a Success - r a efined above. All notices and other
communications required or permit rcder` spa b g and shall be sent by Certified
Mail, return receipt requested, oit a nationally reco i k-' C night delivery service, and
addressed as follows: / ✓`
To County:' (r,. -��
0
` D eloper:
/`0
Harmon Turne Jfn A .. ffoseph R. Weber
Na les, Flori , ,I 1 Main Street
Attn: Norman Eefkder, A.I.C.P. S "u4e,/500
Transportation n -Qr' / ,on, Ohio 44308
Administrator 6ne: (330) 996 -0225
Phone: (239) 252 -88f tip` acsimile: (330) 762 -7990
Facsimile: (239)252- 9 �
Page 12 of l 6
Packet Page -791-
With copies to:
Roger B. Rice, Esq.
9010 Strada Steil Court
Suite 207
Naples, Florida 34109
Phone: (239) 593 -1002
Facsimile: (239),593 -1309
And
John S. Steinhauer, Esq.
159 S. Main Street
Suite 530
Akron, Ohio 44308
Phone: (330) 535 -1010
Facsimile: (330) 535 -1531
OR 4517 PG 652
4/10/2012 Item 16.A.8.
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
17, The Developer shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
County enters into this Agreement. Developer shall pay all costs of recording this Agreement.
The County shall provide a copy of the recorded document to the Developer upon request.
18. In the event of a dispute under this Agreement, the parties shall first use the
County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
IN WITNESS WHEREOF, the �partie ave ca used this Agreement to be executed
by their appropriate officials, as of the biCv6 #tom.
Attest ; �' `' }�^ /` /,7-----BOARD OF COT OMMISSIONERS
DO 1 AFAR Q
Approv d as
.,,c i
and leg 1 i 19 ncy'
Jeffrey
County
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGES TO FOLLOW
Page 13 of 16
Packet Page -792-
J
OR 4517 PG 653
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
ignature
Fr * ame
tu
n
Printed Name ` "-�' -V r' —�
4/10/2012 Item 16.A.8.
Citygate Development, LLC
A Florida Limited Liability Company
By: - R [A.U�q
oseph er, Vice Preside
STATE OF t26/6
h
COUNTY OF-,�PTHLL //
The foregoing instrument
by Joseph R. Weber, as V
company, who is persi
t�
f
PAM S.
MY COMvMION'S
EXPIRES APRIL 19df
Signed, sealed and
delivered in the presence of:
Ge
'gnature
Printed Name
ly of ®✓ , 2009,
a Florida limited liability
ommission Expires:
850 NWN, LLC
A Flo ' a Limited Liabili Com an
By:
J seph a er, Vice President
Page 14 of 16
Packet Page -793-
lu
OR 4517 PG 654
4/10/2012 Item 16.A.8.
STATE OF 1
COUNTY OF SLt-%Y M I' I
The foregoing instrument was acknowledged before me this day of /V�!/ , 2009,
by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company,
who is personally known to me e�-ka flrod� --. �.aPnnY
J
COUNTY OF (SM-jM1nt'i'II -1
The foregoing instrument was acknowledged before me this 1q-lk day of A6 V , 2009,
by Joseph R, Weber, as Vice President of CG II, LLC, a Florida limited liability company, who
is personally known to me er has
PAM& LAWRENCE Notary Public
NOTARY PEmuc -OHIO Print Name: AM S.
MY COMbffMN My Commission Expires:
EXPIRM APRIL 19th6 W14
Page 15 of 16
Packet Page -794-
Z��
OR 4517 PG 655
4/10/2012 Item 16.A.8.
LIST OF EXHIBITS ATTACHED TO AGREEMENT
Exhibit A - A legal description of the Development, together with a graphic rendering. (3 pgs)
Exhibit B — A copy of the proposed City Gate Commerce Center, Phase Two Plat, (PPL -AR-
6476) (4 pgs)
Exhibit C- Sketch depicting ownership of the Development (I pg)
Exhibit D- Agreed Phase Two Plat Stipulations (3 pgs)
Exhibit E- Form for Letter of Credit (2 pgs)
Exhibit F- Square footage and uses for temporary certificate of public facilities adequacy for City
Gate Phase Two Plat (1 pg)
Exhibit G- Intersection co
and City Gate Blvd. North
Exhibit H- Intersection configur
City Gate Blvd. North interse'ctio
Exhibit I- Design of City Gite ),I1
Exhibit J- Re- design of Ci
170' FPL easement (5 pgs)�C >�
Exhibit K- Milling and repaving�i
:ion; Ali -- r'�1v��pjFleet initial construction: City Gate Drive
w o le r A 1) (3 pgs)
atio completion of 13oah' Way; City Gate Drive and
w - er Blv . R -951) pg
Lake Blvd. (2 pg,
eastern boundary of the
Exhibit L- Copy of Phase One Plat ttn�rQnfenance Security/Letter of Credit (6
pgs)
Exhibit M- Permanent Road Maintenance for Phase One Plat (1 pg)
Exhibit N- Permanent Road Maintenance for City Gate Blvd. North for Phase Two Plat (1 pg)
Exhibit O- Right of Way Delta- Phase Two Plat (1 pg)
Exhibit P- Construction Delta- Phase Two Plat (1 pg)
Exhibit Q- Examples of how the Phase Two Plat COA Credits may be applied (1 pg)
Exhibit R- Phase One Plat Certificate of Public Facilities Adequacy (2 pgs)
Exhibit S- City Gate Boulevard North Median Openings and Access Points (2 pgs)
Exhibit T- Future Turn Lane Modifications on City Gate Boulevard North (2 pgs)
Page 16 of 16
Packet Page -795-
OR 4517 PG 656
4/10/2012 Item 16.A.8.
A. TRIGO & ASSOCIATES, INC.
PROFESSI01UL LAND SURVEYORS & PLANNERS
PROPERTY DESCRIPTION
The North half of Section 35, Township 49 South, Range 26 East, Collier .County,
Florida. LESS the West 100.00 feet thereof for right —of —way purposes and LESS
the following described parcels:
A. parcel of land being a portion of the Northwest quarter of Section 35,
Township 49 South, Range 26 East, Collier County, Florida. Being more
particularly described as follows:
Commencing at the quarter Section corner, common to Sections 34 and 35,
Township 49 South, Range 26 East, Collier County, Florida.
Said quarter corner being marked with a 4" x 4" concrete monument having a
3 —inch brass cap attached to the_.tbAreof, with a 3/4 -inch iron pipe;
thence along the Section linedd ations 34 and 35, North 00'29'15"
West, 1,382.43 feet to a S,7ood ,. I ..� the proposed Access Road
No. 1 as shown on the .Af� Florida Depart -+s Nof Transportation
Right —of —Way Map for. No. 93 . (I- 75)`Qhe� 8 of 10; thence along
said centerline of the '`prop o``sed-A= ss Road No. 1� \North 89'31'01" East, 100.00
feet to a point on thre Ust h"— vayTiniei of a eonal, said point also being
on the centerline of Ahe Tcnc4tel ed..�ce thaw er treatment plant
parcel; thence along soi at-a r1; f a i North 00'29'15" West,
50.00 feet to a 4" 4 rrlonu n m ' rk g1the ( Northwest corner of
the proposed access foay t the `at r i�t`'eaiment plant parcel; and
being the true POINT S \BEGINNING of the farce to ,644, erein described; thence
along the North line tafP s' id access road rig ; oll —wa arth 89'31'01" East,
456.51 feet to a 4" x\ ` oncrete monumet'i '.�i rkittg,.Ahe intersection of said
North right —of —way with $fie est boun4ary linewf ! water treatment plant
parcel; thence along said Quundory line Alo h ®b'47 14" East, 994.98 feet
to an iron rod on the Wes Vstrip of land 170 feet in
width for a Florida, Power & Lig s nV €F&L) right —of —way as described
in Official Records Book 681, Page , Collier County Records; thence along
said Westerly FP &L right —of -way North 31'30'28" East, 70.02 .feet to an iron
rod; thence continuing along said Westerly FP &L right —of —way South 58'30'03"
East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along
said Westerly FP &L right —of —way South 00'47' 14" West, 1,066.70 feet to a 4" x
4" concrete monument; thence continuing along said Westerly FP &L right —of —way
South 00'47'14" West, 332.74 feet to an iron rod marking the intersection of
said Westerly FP &L right —of —way with the South line of the North half of the
South half of the Northwest quarter of Section 35, Township 49 South, Range
26 East, Collier County, Florida; said point also being the Southeast corner of
the parcel being herein described; thence along the South line of the North half
of the South half of the Northwest quarter of Section 35, South 89'04'40" West,
690.62 feet to a 4" x 4" concrete monument; said point being the Southwest
corner of the parcel being herein described; thence along the West boundary line
of said parcel North 00'47'14" East, 653.80 feet to a 4" x 4" concrete
monument marking the intersection of the West boundary of the water treatment
plant parcel with the South right —of —way of the proposed access road to the
water treatment plant parcel; thence along said South right —of —way South
89'31'01" West, 454.28 feet to a 4" x 4" concrete monument marking the
intersection of said access road South right —of —way with the East right -of —way
of a canal; thence along said canal East right —of —way North 00'29'15" West
100.00 feet to the POINT OF BEGINNING.
Page 1 of 2 EXHIBIT A PAGE 1
Packet Page -796-
OR 4517 PG 657
4/10/2012 Item 16.A.8.
AND
A portion of the North half of Section 35, Township 49 South, Range 26 East;
being described as follows:
Begin on the South line of the North half of said Section 35, at a point North
89'00'01" East 100.00 feet from the Southwest comer of the North half of said
Section 35, thence run North 00'29' 15" West, 1,334.19 feet, thence South
04'21'08" East, 296.92 feet, thence South 02'46'25" East, 750.60 feet to the
beginning of a curve concave to the, Northeasterly having a radius of 336.00
feet, thence run Southerly along said curve 240.58 feet, through a central angle
of 41'01'29" to the end of said curve, thence South 43'47'54" East, .94.86 feet
to the South line of the North half of said Section 35, thence South 89'00'01 "
West, 206.27 feet to the POINT OF BEGINNING.
AND
A portion of the North bti ection 35,`Ta rr ip,�49 South, Range 26 east;
being described as foI0'VYC -)
Begin on the South trine ,6f North —tru+f
89'00'01" East, 306}27 ,feet from'itbe
Section 35, thence iru.n� o
curve concave toter ea e•y a i
Northwesterly along see c ry
to the end of said e, ence arth
North 04'21'08" Wes ,96.92 feet, the
thence North 89'31'O�w�st, 64.42 fee
feet, thence South 02'46'3 "" East, 751.
concave to the Northeas`e� having b
Southeasterly along said ctse
to the end of said curve, the &t
South line of the North half of sai
95.40 feet to the POINT OF BEGINNING.
Containing 287.187 acres, more or less.
said Section 35, at a point North
South4st corner of the North half of said
s eet� to the beginning of a
r i of 336.00 feet, thence run
thro g al b4itral angle of 41'01'29"
`46' 05t-'/750.60 feet, thence
then rth 00jj'tZj..5." west, 85.00 feet,
t, tf l ce SouA }'04'21'08" East, 378.34
56 fee t?I ithe� beginning of a curve
radius
6!f]0 feet, thence run
Oa central angle of 41'01'29"
'WEast, 159.68 feet to the
Von 35, thence South 89'00'01 " West,
Page 2 of 2
Packet Page -797-
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4/10/2012 Item 16.A.8.
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OR 4517 PG 660
4/10/2012 Item 16.A.8. 11
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4/10/2012 Item 16.A.8'
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OR 4517 PG 662
4/10/2012 Item 16.A.8.
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OR 4517 PG 664
I"
4/10/2012 Item 16.A.8.
Exhibit "D"
PREMITTED PHASE TWO PLAT
PLAT & PLAT CONSTRUCTION PLANS
STIPULATIONS
PPL -AR -6476 - CITY GATE COMMERCE CENTER PHASE TWO
Stipulations:
DEV REV ATTORNEY
1. MORTGAGEE'S CONSENT AND APPROVAL INDICATING SUBORDINATION TO
DEDICATION: LDC 3.2.9.2.12(2) (May be submitted as separate document)
Provide as separate instrument at time of recording of plat.
DEV REV ATTORNEY
6. EVIDENCE OF TITLE BY
INDICATING RECORD TITI
MORTGAGES (177.041 & 19
submitted as separate documnr
Provide as separate instrument
DEV REV ATTORNE
26. ATTORNEYS OPD
Provide as separate instr
DEV REV ATTORNEY s
(FINAL MYLAR ONLY) �-
Y OR TITLE ABSTRAC'T'OR
., REN PAID AND LISTING
S.): LDC 3.2. & 3.2.6.3.4.(3)(c }, (May be
plat.
DEV REV ATTORNEY �� cvlp -��
a. LEGAL DESCRIPTION IL
Provide as separate instrument at time of recording of plat.
DEV REV ATTORNEY
b. BACK -UP DOCUMENTATION
Provide as separate instrument at time of recording of plat.
3.C. OF LDC
DEV REV ATTORNEY
Additional comments:
Failure to address all of the above comments will result in mylar rejection. Please call Jeff
Wright at 252 -5740 with any concerns.
DEV REV ATTORNEY
Stipulations for Approval Letter
see above.
Page 1 of 3
Packet Page -804-
OR 4517 PG 665
4/10/2012 Item 16.A.8.
DEV REV ENVIRON. PLANNING
28. Stipulations for approval:
Section III C. of the Required Yard Plan: Within sixty days of the issuance of a clearing permit
for the right of way to be platted; the aerial and map mentioned above will be ground truthed and
a revised ( "ground truthed") aerial and FLUCFCS map must be submitted. The FLUCFCS Map
shall delineate the Native Tree species as well as the percentage utilized within an area and the
range of DBH sizes. Additionally, an aerial (with a scale of no more the 1:300) identifying
Native Trees having a Diameter Breast Height (DBH) of 8" or more located within the Required
Yards will be submitted.
DEV REV ENGR SURVEYOR
Stipulations for Approval Letter
Please remove the word "Temporary" from the "Temporary Drainage Easement" over Tract "B ".
DEV REV ENGR UTILITIES
Stipulations for approval letter.
12/20/06
1. All preliminary and final ye4
Jodi Hughes with a 48 houf wli
2. An on site preconstructionn
of construction. Contact .Er (
3. Per FPL agreement; A�1 w ie�
the point of entrance and
4. As- builts shall show pu gs
DEV REV STORMWA�
Stipulations for Approval
irisnections of water an�
longitude
�atitude.
f�� r`
// Z
shall be coordinated through
be conducted prior to the start
ground PVC markers at
k -1 v—
1. At the pre- construction meeting, pro ` roved SFWMD Right -of -Way Use
of the app
Permit to allow construction of the project's outfall within the boundaries of the Main Golden
Gate Canal drainage easement.
2. When the plat mylars are brought to the County for final signatures, revise the mylars to
remove the word "Temporary" from the Tract B drainage easement for the final outfall.
DEV REV FIRE
Stipulations for approval letter:
Per 18.2.2.5.1.1 NFPA 1, Florida Edition 2003 - Fire department access roads shall have an
unobstructed width of not less then 20ft. and an unobstructed vertical clearance of not less then
14ft. (local) Minimum width may be reduced to meet special access with approval of the fire
official.
Page 2 of 3
Packet Page -805-
OR 4517 PG 666
4/10/2012 Item 16.A.8.
DEV REV TRANSPORTATION
Stipulation for Approval
7/8/08 Stipulations for approval:
1. All requirements of the developer and improvements related to this plan and plat are subject
to approval and conditions of pending Developer Contribution Agreement ( "Developer
Agreement ").
2. As a stipulation of approval, the right -of -way in the Phase Two Plat is to be reserved as a
private road right -of -way, but open to travel to the public. All or any portion of right -of -way
reserved on the Phase Two Plat as a private road right -of -way may, by subsequent instrument, be
dedicated as public right -of -way to Collier County, the City Gate Community Development
District, or the City Gate Commerce Park Master Property Owners' Association, Inc. pursuant
to, and with maintenance responsibility as provided in this Developer Agreement.
3. As a stipulation of approval, the closure of a median opening at the intersection of Citygate
Boulevard and White Lake is deferred to the pending Developer Agreement.
Page 3 of 3
Packet Page -806-
OR 4517 PG 667
4/10/2012 Item 16.A.8.
EVOCABLE STANDBY LtrrE.R OF CREDIT NO.
count issuer's identifying number)
ISSUER: (msert fa name, street address, and telephone number of Issuer) (hereina r
"Issuer" — LOCAL ISSUER REQIIMM -).
PLACE OF EXPIRY: At Issuer's oou stem
DATE OF EXpl3Ly This Credit shall be valid until ( msert date of fast anniversary of
date of issm), and shall6weaiier be ZIAOM lly renewed fm successhre nn0'year
periods M the aemivereery of its issue unless at least ably (00) days prior to any such
anniversary date, the Issuer wndfies litre Beneficiary in writing by regisbaid mail that the
Issuer elects not to so TaMW fib Credit.
APPLICANT: Cmsert hU
Applitxmt's current bu dw
BENEFICIARY: The
Division, Impact
34104. ,
AMOUNT: S (insect
CREDIT AV.
BY: Payment against
on the Issuer.
mt)-jU:S•) ITIR an agpe8ml l
Issuer.
"APPVCOLi C
Caullty, Florida
Yvirom1 dd Services
.We. Naples, Florida
drafts at sight drawn
DOCUMI M RBQLTHM: A`iAU ABLE BY BENEFICIARY'S DRAFT(S) AT
SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S
STATEMENT PLWORTEIDLY SIGNED BY THE COUNTY MANAGER,
1r JU YING THAT: "(insert name of APPReant). has failed to submit thaely
Payment of road impact fees associated wits tint project ilamm as (insert name of
projed 1 road, wUh rd weeee to COA #j, and satidedory dberoative performance
for dwe payments bas not been provided to mad forsaallry aaqrted by the
BeaefiCiary."
DRAFT(B) DRAWN UNDER THIS LEWER OF CREDIT MUST BE MARKM:
"Drawn under Cmsert name of Issuer) Credit No. (mmt Issuer's number identifying this
Letter of Credit), dated (mmt wpW dame of issue.)" The err pod Letter of Credit and
all smears, if any, must be Foamed for proper eaftwMICUL
This Lett of wit sets forth in full the terms of d w Issuer's undezUking and such
g dla not in any way be modified, amcaded, or amplified by refer to any
or agreement rued to heseia or in which ibis Lotter of Credit
Packet Page -807-
EXHIBIT E
OR 4517 PG 668
4/10/2012 Item 16.A.8.
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relates, and any such re&rax a shall not be deemed to inoorparatc herein by reference
any document, inonunest or agr+eenmL
Imm hereby wSWes with Beneficiary brat dnd(s) drawn under{ and in complianm with
the terms of this Credit will be duly honored by Issuer if wed within the validity of
this Credit.
This Credit is subje+et to the UWfo m Customs. and Practice, for Documentary C',redits
(1993 Revision) tonal Chamber of Comma= Publication No. 500.
(Name of law)
By:
V--, T�
"�r � Printed Namet itlo
'ldenk Vioe President, or CEO)
proper Bvideoce of Authority)
Packet Page -808-
EXHIBIT E
OR 4517 PG 669
Exhibit " T
The Transportation Impact Fees for the Phase Two Plat were estimated:
Building Site Usage
Office
Light Industrial•
processing: storage
and distribution
Total
Land Use # Land
710 Office
110 Genera
Souare Footage
of Buildings
50.000
Road Impact Fee
per
1000 go. ft.
$16,763
4/10/2012 Item 16.A.8.
Road Impact Fee
$838,150.00
650.550 17.732 $5.030.052.60
TO $5.868.202.60
I.*,.E. 8s' Edition
F=ormula Total Trips
T =1! 12(X )+78.81 135 PM two way
43/X1- 125.20 799 PM two way
700,550 f' Q1"'
Source: Trip Gener a� Edition publisbedte of Transportation
Engineers 20
Land Use Catego es f a ransportation Impact Fee
Update Study C
Note: The amount of building development devoted to the various land
uses authorized by the DRI Development Order/PUD which will
occupy the Phase Two Plat may vary from the estimates set forth
above, but the aggregate unadjusted trips generated by such
development may not exceed the total unadjusted trips set forth
above. In other words, any exchanges of land uses shall be, in the
aggregate, "trip neutral," without consideration for passby or
internal capture.
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4/10/2012 Item 16.A.8.
IM BUBDIVISION IlV1PRpVE11I MM
CITYGATE MMOPL► M LM
MM CONSTR MON, � AND M CUUff AGRSS1uJENT FOR SUBMMON
Il�II'R:0'VS1tilI�GNTS entered iota this of ,16 r • 2004, by and betwom CITiGGATE
DEVELOP]l M, LLC, a Florida iimW t owrany 0011MAft 'Zfevsi%W), and the
ROAM OF COUNTY C011IMISSIONERB OF COLLIER COUNTY, FLORIDA (herahuttw the
"Boer.
:.« 4 : . .
A Developer has, simultaneously with the delivery of this Agreement, appIW for dw approval by
the Board. of a certain plat of the subdivision to be'known as: Mypte Commence pads, Phase
One. �. C0�
B. The subdivision 'elude c � which are required by Contest County
ondinsmcas, as adt in a site comtruetionn' ost titaafe ("Estimatd� preps by Hole
Mantas, Inc., a'"6opy'o 'ch a ereto d moorporated he eao as Exhibit "A". For
Agr
. of this eement, v � cn "and limited to 9soae dwmbed in the
C. Division 3.2 mantras the Developer to provide
appz 1; hip ' for the of anal of the Required yoVwvemcnts.
1.
D. Developer has National City Hank �i "4esuor") to issue a le:tttt of credit dated
\herein the Board ' ' as "Beneficiary" and the Issuer again to
duly honor drafts `' .the terms of said letter of credit, up to an
aggregate amotmt of credit is attached as Exhibit B hereto and
hereby incotpomt*d hen in (the
B. Developer and the Board adwwle4p that It smoamt Developer is required to guarantee
ptusnant to this Agtnement is $1,709,814.70, and this amount repnesmb 110% of the
Developer's engineWs estimate oftine construction code for the Required Improvements.
NOW, THB1tMRE, in consideration of the foregoing premises and mutual Covenants homer set
forth, Developer and the Board do hereby covenant and agree as follows:
,
1. Developer will cause the water, sower, wads drainage (and b1m facilities), the Required
Improvements, to be 0005tcucted putauant to Vwifiicatiaw that have barn approved by the
Development Services Director within eighteen (1B) months from the dats of approval of said
subdivision plat.
2. Developer herewith tenders as its subdivision perfmaance security the Letter, in the amount of
S 1,709,814.70, which amount represents 10% of the total contract cost for Ilse Required
Improvements ($155,437.70), plus 100% of the estimated cost to complete the Required
Improvements ($1,554,377.00) as of the deft of this Agreement.
EXHIBIT
La
Packet Page -828-
OR 4517 PG 689
4/10/2012 Item 16.A.8.
3. In the event of default by tha Developer or faihn of the Developer to complete the Required
improvements within the time m pored by the Collier County Land Devvelopment Code, Collier
County may draw upon the Law to insure sausf AmY completion of the Required. inapavvemenis.
-4. 'The Required Ireprovemeoft shall not be considered complete until a vent of m6stanW
completion by Developer's mminew along with the final project records have be= finniaW to be
reviewed affil gvmved by du Collier Cotmty Development Samoes Duedw foe compliance with
the Collier County Land Development Code.
5. The Development Services Director shall, within sixty-(60) days of receipt of ire stain nevt of
substantial completion, either: a) notify the Developer in writing of big pmeiianiniary approval of five
Required Improvements; or b) notify the Developer in writing ofbis refusal to approve one Required
iraprovaments, thm+ewrilh specVying ftm conditions which the Developer must fulftll.in cruder to
obtain the Director's approval OfAhe -44 c+�ad Improvements. However, in rm want shall the
Development Services Di r -pmh m appm�val of the Required Improvenmemts if they
are in feet constructed ual m scoordanco with the xequirrnnenia • of this
6. The Developer al
period by the D
Director to *nape
shell ir}spect the
Developmaent Cc
100/4, of the sub
maintenance of
mamtenanoe rem
to
by final
Improv all`
emna�s db
by the Fo
a minimum period of one (1) year after
After the one (1) Year maintennee
ill petition the Development Services
anent Services Diractar or iris designee
mphance wits the Cotbar County Land
the Board shall release the remaining
). The Devedopees, Tespanw3w for
to unless or until the Board accepts
7. Tirreie (3) months after -the t .� - avid once within ewes y three (3) •monthss
t unufter, the Developer may regnost the Development Services Director to raduce the dollar
mount of the Letter of Credit an fire basis of work com*etmt Each mqueat for a r thtotkm in the
dollar auinount of the subdivision perfazzo ? 1 seaurity shall ba armed by a xtatem ent of
subatsafial completion by the Developer's engineer together with the project records necessary for
revmw by the Development Semen Dueotor. The Development Services Director shall grant the
request for a reduction in the amount of the subdivision pedbrmance security for the improves
completed as of the date of the request, except to the extent of $155,437.70, which shall remain
available under the Letter as Developces pui&y of penance of the Required Impmvemernts
lbr a minimunt• period of am (1) year pursuant to Paragraph 6 of this Agreement.
8. In the event the Developer shall fail or neglect to fn1i311 its obligations raider this Agemwt, upon
oertiftdon of such Muse, the county Admiatmrstar may draw upon the Letter to secure
satisfactory compietiam, repair and maiWwance of the Required Improvements. The Board shall
have the right to construct and maintain, or cause to be constructed or maintained, purgumt to public
adva tisement and receipt and acceptance of bids, the Required Improvements described herein. The
Developer, as principal under the Latta, shad be liable to pay and to indemnify the- Board, upon
completion of such construction, the final total coat to the Board thereof, inoludiung, but not limited
to engineering, legal and contingent costs, together with any damages, either direct or consequential,
Packet Page -829-
OR 4517 PG 690
4/10/2012 Item 16.A.8.
wbi* the Bond may suodn on account of the failure of the Developer to hM all of the provision
of this Agreement.
All of the terms, covenants and conditions herein contained an and Wa be binding up= the Developer
sad *z rWwdve sw==z and swigns of the Developer.
IN WITNESS WEMEOF, the Board and Developer have caused this Agreement to be oxmned
by dw duly u6odzed npmwt&veg this _Z& day of 16 .2004.
Signori, sealed and doUvered
in *e pnm=o of
NMO
Prhd
grATEOPOHED
COUNTY' OF SM
The &M%ljWUA* wo
Joseph *000= p -" ' 'go Coen _ Weber, a n C
Lwft CM9M. He
id=dficaum
WITNESS ayboad and n 0*4
DEVZL4DPZP-- C=YGA7Z DZVZWPTdENT, LLc
a Flmida LbdW Liabflky CmoMy
CC) By
0) �11
Lt4 /0 - day of 6j7AfAgW Y
�"/ - ,, 2004 by
Developnwrit LLC, A Plan& Lmated
know to me
WMML ANIL INIfyMb
llG,r, f3h*
.:' . r 1
q., Appo VeAj fom and legal suffickwy:
CAW
2004.
Sfvw"#lofNo*
Name of Notary typed, V4W or printed
NOTAILYPU33LIC
CDMMi2d(M Numb=
Packet Page -830-
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OR 4517 PG 691
ataeu TRiwe aER++us sraar
STARIDBY LETi'ER OF CR6D1T'D1iPAR'iHENT
P.O. am 5101
CLEVELAND, OR 4MMAM01 U.B.A.
BTREET ADDREBB:
2700@ KUiCR= BLVD.
CLEVELAND. ON 44122
uuwocmz STANDBY ITT= OF CREW
NO. SCLOO96 5
DATE: FEBRUARY 19, 2004
BENEFICIARY*
TAB HOARD OF COUNTY
2800N. HORSESHOS
NAMM,'FL 34104
DAIBANDPLACE OF ?'+
FEBRUARY 16,200 , ,om j
4/10/2012 Item 16.A.8.
IRLIX" 212u7
ANBWER DAOK: NCe DR
BMW'h HATCUBM
1.60-Hoo -a .
(
PAY Cris) 4"-Tuo
FAY: (216) 476-76a2
MDBVEWPMBNT,LLC
IH MAIN STREET, SUTPS 500
OH 44308
j--,
WE HERWYESTAH11160 ,OURERRE mnm&WXSTONDBY LEM OF CREDIT NO. SC 009645
DATED FEIBRUARY f$ . Ot, IN YOUR FAVORTI4ftE . S. U. 51,709,814.70 (ONE
MllLlClN 2 RGxpD III�TE THOUSAND Etc -- F0l)R7 SN & 70n00 U.S.
DO[J ARS) FOR T= AC0.0 IT F C17YdA1'E LIA ISO SOUTH MAIN
STREET, S[A4T? 500,
FUNDS ARE AVAILABLE BY DRAWN ON NATIONAL CITY BA 4K,
CLEVELAND, OMO C ISSUBR') AND ACcobeANIED BY BIII I I I MARY'S STATIIMlW
PURPf)RTSDLY SIGNED BY THE COUNTY MAMA=?, CER.TIFYM TRAM
- CITYOATE DFsVMMMFNT, LLC HAS FAILED TO CONSTRUCT ANDMMAIISTAIN THE
IMMOVBMBNTS ASSOCIATBD WITH TRAT COMAIN PLAT OF A SUBDWISION KNOWN AS
(INSE RTNAME OF SUBDTVISION) OR A FINAL VWECTTON SILTIWFAC MY TO OOLLU R
COUNTY HAS NOTBM PBRFORMSD PRIOR. TO TIM DATE OF EXPIRY, AND
SATISE'ACTORY ALTERNATIVE PERFORMANcs SECURTIY HAS NOT BMW PROVIDED TO
AND FORMALLY ACCBi'TED BY THE BBNE WUXY."
TIM LM7ER!0PO EDIT SHALL BE VALID UNMFEBRUARY 16,2005 AND SHALL
THBREAFM BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONB- YEARPERIODS ON
THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH
ANNIVERSARY DATE, TBE ISOMMNOTIFY 7W BBIWICIARY IN W)MI NG BY R3GISTM
MAJL THAT WE ER.BCT NOT TO 80 Rffi+t W TTS LETTBROF CREDIT.
DRAFTS) DRAWN UNDER THIS LETTER OF CREDIT MUST BB MARKED: "DRAWN UNDER
NATIONAL CITY BANK, CLEVELAND, OMD LETTER OF CREDIT NO SCLOOMS, DATED
FEBRUARY 19,2W. THE ORMI NAL LE77M Of CREDIT AND ALL AM MdENTS, IF ANY,
MUST BE PRESENTED FOR PROPER MW0R5MfflNT,
w4M(pW.vM OFtIG "L
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OR 4517 PG 692
4/10/2012 Item 16.A.8.
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PAX- (21a) 4M?854
CLEM I AND, ON 44122
PAX- (218) as -7852
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OR 4517 PG 693
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Packet Page -837-
OR 4517 PG 698
4/10/2012 Item 16.A.8.
COA road impact fee credits ( "COA Credits ") will be applied to road impact fees
assessed at each building permit in the Phase Two Plat until fiords are depleted or build- out
of the Phase Two Flat.
COA Credits will be calculated by multiplying the applicable square footage on the building
permit by the rate for the applicable land use road impact fee rate that was used to calculate the
estimated impact fee payment for issuance of the COA. 1� during the review of a Site
Development Plan, it is determined that the proposed land use is different than the land uses
included in the calculation of estimated impact fee payment for issuance of the COA, then the
calculation of road impact fees and the calculation of COA Credits will be addressed at Site
Development Plan, but the COA Credit shall be no less than the lowest land use road impact
fee rate that was used to calculate the end. i Vact fee payment for issuance of the COA.
Any difference between the
be due upon building permit ce and will be app i
Any cash payments mad� it i .1 suance due to
applied toward the next "200% 6 pa
1l-�-
CONpVIERGAI- DCAAMl.E.
use Sa.
office 5010e $16,763/100q,4, I
Indusbial 650,5 4 `l $ 7,732/ 100011
1' Year 20% Payment
Additional Cash Paid 1s' Year'
2id Year Payment
TOTAL 20°x6 Payment
Additional Cash Paid 2"d Yearm
3'd Year Payment
the credit being applied will
zi the next 20% payment.
n of finds will also be
COA Pavment
$ 167,630
$1,006,010
$1,173,640
$ 152,890
$1,020,750
$1,173,630
$ 379.250
$ 794,380
1't Yearvermits AmountAssessed Credit Amount Cash Payment Credit Balance
$ 1,173,640
Office 10,000 sf $166,730 $166,730 0 $ 1,006,910
Industrial 50,000 sf $386,600 $386,600 0 $ 620,310
Industrial 100,000 sf $773,200 $620,310 $152,8901 0
2"d Yearnermits Amount Assessed Credit Amount Cash Payment Credit Balance
$1,020,750
Office 10,000 sf $2001000 $166,730 $ 33,270 $ 854,020
Industrial 50,000 sf $400,000 $386,600 $13,400 $ 467,420
Industrial 100,000 sf $800,000 $467,420 $332,580 0
$379,250'
Packet Page -838-
EXHIBIT Q
OR 4517 PG 699
0
4/10/2012 Item 16.A.8.
Exhibit "R"
CERTIFICATE OF PUBLIC FACILITY ADEQUACY
COA #: 04 -5108 AR #: 4787 (City Gate Commerce Center Phase One Plat)
ISSUED DATE:
OWNER NAME: Citygate Development, LLC
OWNER ADDRESS: 159 S. Main Street, Akron, OH 44308
LEGAL DESCRIPTION: Lots 1, 7, 8, 9, 10, 11, 12, 13 & 14 of City Gate Commerce Center Phase
One as recorded in Plat Book 41, Pages 6 and 7, of the Public Records of Collier County, Florida.
This is to certify that adequate transportation -Ari ' 'es have been determined to be available pursuant
to the Collier County Adequate Pub1i'Faier_ ue and capacities are hereby allocated for the
following use(s): f
OFFICE
RETAIL
RESTAURANTS -HIGH
This certificate of adem
This Certificate is perpetual a's
USE
OFFICE
RETAIL
RESTAURANTS HIGH T.O.
TOTAL ROAD IMPACT
CREDITS for the property in
legal description above
facilities "runs
M
SCRJARE FEET
68,987
7,051
9 L, 16,000
.nd;'31 scribed herein.
Collier County Authorized Agent
Nick Casalanguida, Transportation PI
Transportation Planning Department
SO. FT. RATE PER 1.000 SO. FT *.
68,987 $15.478
27,051 $13.953
16,000 $55.735
anning Director
TOTAL
$1,067,780.79
$377,442.60
$891.760.00
* Rates in effect at time of initial payment $2,336,983.39
Page t of 2
Packet Page -839-
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OR 4517 PG 700
4/10/2012 Item 16.A.8.
ADDENDUM
CERTIFICATE OF PUBLIC FACILITY ADEQUACY
COA #: 04 -5108
USE
OFFICE
RETAIL
RESTAURANTS HIGH T.O.
TOTAL ROAD IMPACT
CREDITS for the property in
legal description above
Road Impact Fee Credits will b
by the rate for the applicable lei
payment for issuance of *b
proposed land use is different tl
for issuance of the COA, /the
Credits will be addressed S'
lowest land use road impati
of the COA.
AR #: 4787 (City Gate Commerce Center Phase One Plat)
SQ. FT. RATE PER 1.000 SQ. FT ". TOTAL
68,987 $15.478 $1,067,780.79
27,051 $13.953 $377,442.60
16,000 $55.735 $891.760.00
*
Rates in effect at time of initial payment $2,336,983.39
C, 0
by multiplyutg- licable square footage on a building permit
road impact fee rate v S to calculate the estimated impact fee
unngreuie�v,,of a Si Development Plan it is determined that the
the I in the aalcu�lation of estimated impact fee payment
and the calculation of Road Impact Fee
►evel pmet ad pact Fee Credit will be no less than the
c y e impact fee payment for issuance
At any time, any unapplied l�#'JTpact Fee Credits, (g�yner deems unnecessary for the build -
out of the Phase One Plat, mays tre usf4red to ano r portion of the City Gate Commerce
Center PUD, provided that any a transferred impact fee credits are
relinquished from this COA and this m to delete those entitlements. The transferred
Road Impact Fee Credits shall be added to any COA or comparable certificate issued to evidence
advance road impact fee payments made in conjunction with the platting or development of the Phase
Two Plat or any unplatted lands within the PUD.
Collier County Authorized Agent
Nick Casalanguida, Transportation Planning Director
Transportation Planning Department
Page 2 of 2
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OR 4517 PG 701
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