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9th Amendment to the Declaration of Covenants, Conditions, Restrictions and Easments (Citygate) INSTR 5551217 OR 5505 PG 3832 RECORDED 5/4/2018 10:56 AM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$52.50 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 NINTH 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 'Z'^`k day of May, 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 4.2,the Declarant has the unilateral right to amend the Declaration; and WHEREAS, all the lands within the plat of City Gate Commerce Park, Phase Three, as recorded in Plat Book 63, Pages 84-90, of the Public Records of Collier County, Florida,are owned by CG II, LLC, a Florida limited liability company and by 850 NWN, LLC, a Florida limited liability company; and WHEREAS, 850 NWN, LLC and CG II, LLC join in and consent to this Amendment; and WHEREAS, Collier County, a political subdivision of the State of Florida, (hereinafter "COUNTY") as a condition precedent to Closing on the purchase of Lots 26, 27 & 28 of City Gate Commerce Park, Phase Three, as recorded in Plat Book 63, Pages 84-90, of the Public Records of Collier County, Florida, (hereinafter"Premises", which includes any later acquired by COUNTY in fee simple of abutting property in the City Gate Commerce Park PUD) has required certain Amendments to the Declaration; and WHEREAS,Article 20, Section 20.10 of the Declaration provides the Declarant with the right to exempt the United States or the State of Florida(or any governmental department or agency thereof),as the Owner of a Site, from any of the restrictions contained in this Declaration, the By-Laws or the Rules and Regulations if such exemption is requested by the United States or the State of Florida(or any governmental department or agency thereof). 1 Ob NOW, THEREFORE, Declarant does hereby amend the Declaration of Covenants, Conditions, Restrictions and Easements for City Gate Commerce Park as follows: 1. All items capitalized herein, unless otherwise defined herein, shall have the same meaning as ascribed to such term in the Declaration. 2. For so long as the COUNTY owns the Premises: a. All provisions of the Declaration which impose a lien on the Premises to secure payment of any amounts due and payable do not apply to the Premises, including,but not limited to the following provisions of the Declaration: Article 14, Sections 14.5 and 14.8; and Article 16, Sections 16.1 and 16.2. b. All provisions which impose an "Assessment"or"monetary fine"against the Premises, including, but not limited to "General Assessments," "Special Assessments" or otherwise, including but not limited to the following provisions of the Declaration: Article 9, Section 9.5;Article 13, Section 13.5;Article 14, Sections 14.1,and Article 15, Section 15.12; shall be subject to annual budgetary appropriation by COUNTY's Board of Commissioners for each applicable fiscal year in accordance with constraints under the Constitution of the State of Florida. The Association, however, shall not be limited or restricted from pursuing any or all of its other lawful remedies available to it in the event COUNTY should fail or refuse to pay any Assessments. c. All provisions which impose a release, indemnification and/or hold harmless obligation on the part of the owner of the Premises do not apply to the COUNTY, including, but not limited to Article X of the Articles and the following provisions of the Declaration: Article 15, Sections 15.13 and 15.17, Article 20, Section 20.3 and Article 21, Section 21.2;and further provide that neither the COUNTY,nor the Premises,shall be subject to Assessment for payment of any amounts owed by the Association in connection therewith. d. All provisions subjecting the Premises to an option to purchase or right of first refusal do not apply to the Premises, including but not limited to Article 19 of the Declaration. e. All provisions which require the COUNTY to maintain insurance neither apply to the COUNTY, nor the Premises, including but not limited to Article 9, Section 9.2 of the Declaration. This shall not be construed, however, to imply that the COUNTY, in the event of damage or destruction of any structure constructed on the Premises, is not obligated to repair or to reconstruct the damaged or destroyed structure, as well as to clear the Premises of all debris. f. All provisions reserving in favor of the Declarant,the Association,and/or the"ARB"(as defined in the Declaration) the right to approve contractors utilized by COUNTY in connection with construction activities occurring on the Premises, including but not limited to Article 15, Section 15.14,do not apply to the COUNTY. g. COUNTY intends to utilize the Premises for a "Sports Complex" in order to carry out the purposes and intent of the statutory authority of the COUNTY, presently existing or that may be enacted in the future;therefore,provisions contained in the Declaration,and 2 6J: in other Association documents such as the Articles of Incorporation,By-laws,Rules and Regulations and Guidelines, which conflict with this purpose, or any other use made of the Premises by the COUNTY, in order to carry out the purposes and intent of the statutory authority of the COUNTY, presently existing or that may be enacted in the future,including but not limited to Article 18,Sections 18.5, 18.8, 18.9, 18.23 and 18.32, shall neither apply to the COUNTY, nor the Premises, provided, however, that such amendment shall not authorize the COUNTY to violate any County Codes or other governmental restrictions. h. If,and to the extent that,any indemnification obligation of the Association under Section 20.3 shall result in the levying of an assessment by the Association on the Members to cover the cost to the Association of such indemnification,then such assessment shall not be levied upon,or valid against the COUNTY. i. Nothing in the foregoing shall be interpreted to obviate the requirement for the COUNTY to reasonable screen all parking, loading docks and service areas so as to minimize their visibility from roadways and adjacent sites. j. 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. 3. None of the foregoing amended provisions referenced in paragraph 2 above may be modified, amended or terminated without the written consent of the COUNTY. Signatures intentionally appear on the following pages. 3 0 CITYGAT I EVELOPMENT,LLC,a Florida limited liability company By: �I, ' 'fia` o--ph R. < eber, its Vice Presid- t Signed, sealed, and delivered in our presence as wit - • By: }ut l i U CU SCS By: 111. Signature Signature • Name: • I C�li1l? �� Vs Is G() Name: 4)%er'N"V2- C.(c < <41J C-'O Print Print STATE OF (J' I COUNTY OF al lYl r4 I-E On this 2-1^4 day of May, 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 Xpersonally 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 O k j p0., """,,,,,, S.% 4v \c•STAr Signature no, ; Name: MLC./Ve L[e A UGLY C U c Z " . ,•�' R? Printed Name , ,:;�, -44'a1', My commission expires: 4/ (3 it Igni, 0 IN sy ��`',, ,'4,,SS,ON FITT, 4 0 Joined in and consented to by: 850 ; LLC,a Florida limited ability company BY: ,....,k/i - oseph/. Weber, its Vice Preside ,7 Sir,-d, sealed, and delivered in our presence as w' Vin Ada( n By: \\A�/IA�J da( 'W• 1 S, By: "or, , Signature / Signature Name: t C.�I d!e A•V O..rtsLo Name: f itike•TIL.k. G k.. 't- 'L .\ %AI-1J C 'o Print Print STATE OF Q h i o COUNTY OF SU,WI m I On this z.- • day of May, 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 K personally known to me or [ ] has produced a (state)driver's license for identification. ,,,,,"""',,,,, .;4,4' 4 •5� cpTE ORO . ,,I,, IN WITNESS WHEREOF, I hereunto set my hand and official seal. e `G--'t' I ti \. NOTARY PUBLIC, STATE OF ©k i o ?�QJ,'\.• ` \, a,. Signature , �Z', ...z4al�"•, Name: IVl t alt. �C Vans LO ',,'b,,...• CoijoED0N 1. Printed Name �,,,•c Mmisst tl,,,,� My commission expires: 1.4 1 13/19 5 1 0 Joined in and consented to by: CG II, vie a Florida limited liability company By: .4g ' iZeit/ O. ..eph R. eber, its Vice Presid t Signe. sealed,and delivered in our presence as wit, - • • By: IVIS Ad-62—A,A, U aNLSBy: •../ (F Signature n Signature Name: M I J 1 le A A/arts CO Name: 0 7,Ps-n'`2-:. CAL ^v-, i4ir-t•) G'O Print Print STATE OF no L U COUNTY OF St.A YV1 ry l t On this 2-11d day of May, 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, 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 (�h i p �JPFt1SCp',' ^ ' , A Q QL U /� S .` SEOFO% ". Signature c'��.--\`�up 0t'� Name: M is ne.1 �2 Val( 1SC O 'U> / _ ,,,J= Printed Name 11';% 1 'tz a 19 ' My commission expires: �l i 3/ ' '`"'� ',1%.7 4_<, - A,R,�ECORbE'<.44— 41140"r, C O {SS,,,,```, u 6