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Agenda 05/25/2010 Item #16A 6 Agenda Item No, 16A6 May 25, 2010 Page 1 of 65 EXECUTIVE SUMMARY Recommendation to execute the Termination of Developer Contribution Agreement between Collier County and Long Bay Partners, LLC and document the satisfaction of all DCA commitments relating to the design, right of way acquisition and construction of Livingston Road. OBJECTIVE: To have the Board of County Commissioners (BCC) execute the Termination of Developer Contribution Agreement and all amendments between Collier County and Long Bay Partners, LLC (LBP) and document the satisfaction of all DCA commitments. CONSIDERATION: LBP and Collier County entered into a Developer Contribution Agreement (DCA) on February 17, 1998 to jointly participate in the timely design, right of way acquisition and construction of Livingston Road. The property associated with this agreement is also known as Mediterra. Tins agreement was subsequently Amended and Restated in November 1998 and amended three more times between November 1999 and December 2002 to clarify conditions in the original agreement and modify the temlS to comport with the varying construction needs of Livingston Road. Livingston Road was completed in 2004 as Mediterra was developed concurrently. LBP has reviewed the agreements and has reported the tenns have been satisfied and consequently requests that the DCA, as amended, be tenninated by Collier County. Staff has reviewed the document and has verified that LBP has satisficd all of its obligations under the DCA, as amended, and therefore concurs that the tennination of the agreement is mutually beneficial to the County and LBP. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The remaining impact fees credits associated with the DCA shall remain in full force and effect. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. The remaining impact fees credits arising from this DCA shall remain in full force and effect. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW, RECOMMENDATION: To have the BCC execute the Termination of Developer Contribution Agreement and all amendments between Collier County and LBP. PREPARED BY: Nick Casalanguida, Deputy Administrator, Growth Management Attachments: 1) DCA; 2) Amended & Restated DCA; 3) First Amendment; 4) Second Amendment; 5) Third Amendment; 6) Termination Agreement; 7) Locus Map Item Number: Item Summary: Meeting Date: Agenda Item No, 16A6 May 25, 2010 Page 2 of 65 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to execute the Termination of Developer Contribution Agreement between Collier County and Long Bay Partners, LLC and document the satisfaction of all DCA commitments relating to the design, right of way acquisition and construction of Livingston Road. 5/25/20109:0000 AM Director M Transportation Planning Date Prepared By Nick Casalanguida Transportation Division Transportation Planning 412912010 3:21 :12 PM Date Approved By Judy Pulg Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Approved By Nick Casalangulda Transportation Division 4129120103:33 PM Director M Transportation Planning Date Transportation Planning 4130120107:27 AM Planner Date Approved By Lauren Beard Transportation Transportation Planning 5/3120107:51 AM Assistant County Attorney Date Approved By Jennifer White County Attorney County Attorney 5/412010 10:02 AM Norm E. Feder, AIC? Administrator w Transportation Date Approved By Transportation Division Approved By Gloria Herrera Transportation Division Transportation Administration 511112010 11:24AM Management/Budget Analyst Date Transportation Administration 5112120109:18 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 51121201010:15 AM County Attorney Date Approved By Jeff Klatzkow 5113120104:18 PM Assistant to the County Manager Date Approved By Michael Sheffield County Managers Office 5/141201010:38 AM letl!: C/JU '0 TO BOW IlITllOmCI lTH FLOOt Il! 7240 2294538 OR: 2400 PG: 0020 1IC0lDlD in the omcm UCOIDS of COLLIIl CODm, !L 03/19m at 10: OlAll DWIGHT I, SIOCI, mil DEVELOPER CONTRIBUTION AGREEMENT Agenda IterlN/31 r/A6 IIC PI) 6UI1ay 25. 2010 coms 14.0lPage 3 of 65 nps DEVELOPER CONTRIBUTION AGREEMENT is made and eOlered into the /~ day of ~ ,1998, by and between Long Bay Partners. LLC, a Florida limited liability company, whose ddress lS3451 Boruta Bay Boulevard. SUIte 202. Boruta Sprmgs. FL 3413~ ("LBP"). and Collier County. Florida, a political subdivision of the State of Florida, whose address is 330 I East Tamiami Trail. Naples. FL 34112 ("County"), WHEREAS. !he Livingston Road extension from IrnmokaJee Road (C.R, ~6) to the Lee County line and connecting to a Lee County segment that continues to Bonita Beach Road (hereinafter" Livingston Road") has been an integral part of Collier County's transportation plans for many years; and WHEREAS. the County has acquired substantial portions of road right-of-way along the Livingston Road corridor and is in the process of obtaining the remaining road right-of-way; and WHEREAS, Livingston Road is the only nOM-south arterial between V,S, 41 and [-75 that che County plans to extend noith to the Lee County line. wi!h no plans currently in e,\istence to extend either Goodlerre-Frank Road or Airpon-Pulling ROad~ita Beach Road; and 'W'HEREAS. traffic projes~pe~~!~~~~~ad north of Immokalee will provide relief to traffic congestion on U, S/ 4J..r on 1-75 and will beni!i\r'all'property owners within Road Impact Fee Dismct I' and / I ~~ \ \ WHE~AS. LIV109s ~n';' J.,,_~_"''-:=-:---.J-"\ . ~ili~ toc Collier Coun!) reSidents to the Southwest Flonda (Ole 10J AI: al d lop a, u Jt~erflty. and WHEREAS. LBP IS";;'\~cc ~er the iPrope~Jdescnbed In Exlublt "A' (the Property). attached hereto aIld\l"rrc'tlq>orated herem; and ~,~ I 1:::..'/ \'.-o.\. 'i'l"" ! / 0/ \r,..." 'L..)/" / WHEREAS. LBP's pro~r~located north of h~~e Road west ot and aUjollllllg the Livingston Road corridor; and ,,)/>'"::--'__________,-----(..\,';/ 'I""! l'-)/ -,-.-_,/E crR_;,/ . WHEREAS. the County and LBP haV"e-de!ennirrei1thar the preterai:lle access to lap's Property is from the nonhlsouch Livingston Road corridor; and WHEREAS. LBP is willmg to jointly participate with !he County to accomplish the timely construction of Livingston Road in accordance with the cenos aIld condicions of this Developer Contribution Agreement; and WHEREAS. such Developer Comribution Agreement [0 construcc Livingston Road is in the best interests of. and is a subscarnial bene/it to. the general public; and WHEREAS. such a Developer Comribucion Agreement provides a benefit !O the County and LBP by allowing the con.struction of the preferable access to lap's Property in a timely manner; and WHEREAS. the Collier County Road Impact Fee Ordinance currently in effecc. Ordinance 92-22, as amended. provides a mechanism for impact fee credics to be graIlted !O a lap in exchange for construction of portions of the County's road network; and WHEREAS. both parties to this Agreemem acknowledge Road Impact fee Credics shall be a credit only against Road Impacc fees. and that such credits shall not offset. diminish or reduce any other charges. fees or other impact fees for which LBP is responsible in connection with the developmem of the Property; and Agenda IlJ' Ji lIA6 May 25, 2010 Page 4 of 65 WHEREAS. such proposed plan is in confonnity with comemplated inlprovemems and additions to the transponation network; and WHEREAS, such proposed plan. viewed in conjunction wilh other existing or proposed plans. will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth n~cessitated capital improvements and additions to the transportation network. and WHEREAS. such proposed plan. viewed in conjunction with other existing or proposed plans. will not create a detrimental imbalance between the anerial and colkctor roadways; and WHEREAS. the proposed plan is consistem with the public interest; and WHEREAS. both parties to this Developer Comribution Agreemem acknowledge that the failure of this Agreement to address any pennit. condition. tenn or restriction shall nOI relieve either pany. or their successors. of the necessity of complying with any law, ordinance. rule or regulation governing sai..! pennining requirements, conditions. lenns or restrictions; and WHEREAS. both panies to thi~,_~Contribution Agreement acknowledge that this Agreement is nOI to be constru~, tl\~~~en,t, under the Florida Local Goverrunem Developer Agreement Act; and O\>'~J0' ~) / . - ~-\. WHEREAS. the Lee!:ou y-BeafQ~of County Co siohers has approved a Resolution to amend its Capitallmprovemc;m P gralfr('€l.f) ~e for th ac~' 'ition of approximately one mile of right-of-way between B~'ta~O ' 'ne;) provide for the design of the road; and c) time the acqu tio d 'gn~h e tl no the roadway Will conunence by January 1.2001. n ~ U f-, .- 'Y ....A'I WITNES T~) I:::: ~ '~'I):O NOW. THEREFORE~ '. C lderation of Ten D " ~S"""'.OO) and other good and valuable consideration exchanged betwee .' niCS. the!- :". sufficiency of which lS mutually acknowledged. and m conslderatlon 0 (/l~_,..:::.....~~ erein. the parties agree as follows' I, The above recitals are true and correct. and are herewith incorporated as a part of this Agreement. <::) :::d "'" - = = .", C'1 = = "-' ....... County Comminnems: Phase I Phase I of the project is defmed to be the length of Livingston Road from the existing road terminus approximately 700 feet north of Immokalee Road to the proposed access point at LBP' s Propeny. said road corridor more specifically shown in E:<hibit 'Boo, attached hereto and incorporated herein, 2. The County shall continue with its acquisition by gin. purchase or eminent domain. at the earliest possible date. of all necessary right-of-way for road purposes within the Livingston Road corridor north of lmmokalee Road 10 the Collier County/Lee County boundary, The County shall be solely responsible for the payment of all costs and expenses associated with such propeny acquisition. 2 Agenda ItedtJt1tA6 May 25, 2010 Page 5 of 65 3. The County shall be solely respon.sible for the payment of all costs and for all applications and preparation associated with construction plans and road right-of-way permilting. including completion of all environmental permits and environmental mitigation requirements (land acquisitions. dedications or monetary contributions) by any applicable jurisdictional authority, County's commionent shall incIu.le the cost of any environmental or species surveys required by any jurisdictional authority, 4. The County acknowledges that the timely completion of the road right-of-way acquisition. together with the necessary construction plans and pennirnng. is a critical and fundamental aspecl of this Developer Contribution Agreement, Therefore. the County shall acquire the road right-of-way (including completing eminent domain "quick-take" procedures) and fmalize the construction plans and permitting. including completion of all mitigation requirements. on or before December 31. 1999, 5. Upon completion of the Phase I road construction by LBP and accepmnce by the Count)' in accordance with the requirements of the Collier County Land Development Code. the County shall be responsible for maintenance of the Phase I road construction, 6, TIle County shall engage the services of a qualified Construction Engineenng and Inspection (CEI) consulLaIll 10 oversee all phases of the construction to be undenaken by LBP as set fonh below, LBP's Comminnents: Phase I 7, Within twelve propeny rights plus completi o ::0 ~ ".. c:::> c:> ..." c;") 8. Upon commencement of the Phase I road construction. LBP shall convey 10 Collier CoUJ1ly road right-of-way for the nonh/south Livingston Road corridor via easement or warranty deed in accordance with existing commiunents in Planned Unil Development documents applicable to LBP's Propeny. The estimated cost of such nonh/south right-of-way dedication to LBP's project entrance is $205,000. subject to a County-approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value, c:> c:> ~ ~ 9, The value of LBP's contributions for Phase I of the project are an estimated total of $3.400.700, In addition. LBP shall reimburse the County for all costs for the CEI consultant previously mentioned. The expenses incurred by LBP penaining to the CEI consultant shall be considered a project cost and LBP shall receive road impact fee credits as set fonh in this Agreement for such e:\penses, In addition, LBP shall receive road impact fee credits for surveying and engineering costs incurred by LBP 10 COnstNct the Phase [ road construction upon submIssion of the acntal conslNction costS cenitied by an engineer or architect. Agenda PKr:'RO,},6A6 M~~? 2010 Page 6 of 65 County Commitments: Phase II Phase II of the Livingston Road project is defmed to be th~ I~ngth of Livingston Road from the proposed access point at LBP's Property to th~ Lee County lin~, said road corridor mor~ particularly shown on Exhibit "B". anuched hereto and incorporated herein. 10. The County's commitments for Phase 11 of the Livingston Road construction shall be identical to the County Phase I commitments including the cost of right-of-way acquisition. costs and applications for constrUction plans and permitting, including the costs of mitigation and shall be completed by December 31, 2000, Upon completion of the Phase 11 road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase II road construction, LBP Commitments: Phase II 11. C) ::>0 b. ~ .".. c:::> c:::> ""CI G".ll Impact Fee Credits: Phase I c:::> c:::> ....... u.> 12, In exchange for LBP's road constrUction and land dedication costs in the amount of approximately $3.400.700 related to Phase I of Livingston Road, a regional transportation facility, LBP shall be entitled to the following: a. Upon compl~tion of the Phase I road construction and submission of acrual certifi~d costs of construction, LBP shall receive a road impact fe~ credit with a value of $1.500.11..\ ("Phase I Road Impact Fee Credit"), The Phase I Road Impact Fee Credit shall be treated as a prepayment of road impact fees for 646 single-family units (current road impact fee of 51379 per unit) and 640 multi-family units (1-2 stories) (current road impact fee of $952 per unit) for 4 Agenda~~J. 16A6 MWt5,2010 Page 7 of 65 the limiled purpose of vesting these units for lransponation concurrency. Such vesting shall be evidenced by the issuance of a Cenificate of Public Facilities Adequacy (for Transportation Facilities) at the lime such Phase 1 Road Impact Fee Credits are granted, LBP shall pay any increase in the Collier County road impact fee which may occur subsequent to the date of this Agreement at the time it obtains a building pennit. By way of example, in the event the road impact fee for a smgle-family unit is $1.500.00 at the time a building pennit is obtained. LBP shall either pay lhe County SI21 ($l.5oo -SI,379 = $121) or shall apply additional road impact fee credits as payment for such amount, The total units to be constructed on the Propeny shall be determined in accordance with current andJor future zoning approvals by Collier County provided. however. that LBP shall be emitled to the total Phase I Road ImpaCt Fee Credit ($1.500,114) set forth above. b, Future road impact fee credits in lhe estimated amount of :51,900.586 ("Phase ( Future Road Impact Fee Credits") whkh can be utilized by LBP and/or its assigns only upon the completion of Livingston Road to Bonita Beach Road in Lee County provided lhe total actual credit is consistent wilh paragraph 22 of this Agreement and further provided that the deed or easement described in paragraph 8 has been recorded in the public records, '!be Phase [ Future Impact Fee Credits shall be an actual cash value credit and shall not be a dwelling unit credit. ~(:\\~RCOU~ lmDact Fee Credits: Phase II /~. ~;../~A ;-.""j' /c:/ J:..."" 13, In exchange ff L~~ lnslJUctio and I d~ication costs in the amount of approximately $1.377,600 a~des'ribe\:f ar aph I of thi. Ag eement for the Phase II road construction. LBP shall be ntit 0 ' th amount of :s 1.250.000 upon completion of the Phase II roa c t ti n by 1i sion of the actual cerulicaLion of conslJUction costs ("Phase II, a F r d ts itio re road impact credits in the estimated amount of $ 127 . ~ Fu oa act I . r~ ) shall be granted to LBP, The Phase II Future Road Impact ~'{~edits can be util' by L 1l dJor its assigns only upon the completion of Livingston Road . ~~ta Beach Road in C '~ after submission of actual costs of constrUction by an engineer o;rrt,Il~. ctt, Th .e credit for, th 'on of land shall be effective upon recording of the warranty deed or ,~~e P~ _, ~ npact Fee Credits and the Phase II Future Road Impact Fee Credits shall b~~ff:~~~~lsand shaH not be dwelling unit credits, ~----- 14, The Phase 1 Road Impact Fee Credit. Phase [ Furure Road ImpacI Fee Credits. Phase II Road Impact Fee Credits and Phase II Future Road Impact Fee Credits shaH be collectively referred to as 'Road Impact Fee Credits." The Road Impact Fee Credits may be assigned by LBP to other propenies within the area described in Exhibit "E" umil completion of Livingston Road to Bonita Beach Road in Lee County and.lhereafter, to other propenies wilhin Road Impact Fee Distric! No, 1. whether the propeny is owned by LBP or by another propeny owner, o ::0 ...... ..... c:::. c:::. ..."" c;') c:::. c:::. ...... ..... 15, LBP reserves for itself and its assigns lhe right to change the types of uses 10 which the Phase I Road Impact Fee Credits may be applied. The road impact fee ordinance in effect at the time of application for a building permit shall be used to value any credits which may be convened from one type of land use to another. whether by LBP or any of its assigns. 5 Agenda Ite~0~16A6 J!a 5 2010 P of65 Accountin2/Use of Road Imoact Fee CrediLS 16. COlISistent with the timing schedule set forth in paragraphs 12 and 13 of this Agreement. the County shall apply poniollS of the Road Impact Pee Credits toward (i) the road impact fees which LBP is required to pay for each building permit which is applied for on the Propeny or (ii) any assIgnment of Road Impact Fee Credits to other propeny owners. thereby reducing the balance of the Road Impact Pee Credit by the same amount, 17. The County shall provide LBP with a cenified copy of this Agreement. including all exhibits anached hereto. such that LBP's cenified copy of Exhibit "P" (Road Impact Fee Credits Ledger) shall serve as the ledger sheet to document LBP's balance of Road Impact Fee Credit. 18. With each building permit issued on the Propeny, the County shall subtract from the Road Impact Fee Credit balance the amount of (i) Road Impact Fees appropriate to that particular permit. or (ii) Road Impact Fee Credits anendam to the particular assigrunem, and shall enter the new balance in the ledger column labeled "Impact Fee Credit Balance." ,r ~ ::0 "" .- c:::> c:::> "'C CO") 23. Upon conveyance of land interests to Collier County. the developer shall provide an attorney's opinion as to the record title holder of said land interest, which opinion shall identify all lienholders having any lien or encumbrance affecting said land interest. c:::> c:::> r-..> <.J'1 General ProvisiollS 24. The burdellS of this Agreement shall be binding upon. and the benefits of [his Agreement shall inure to all successors in interest to LBP, 25, Except as provided herein. this Agreement shall only be modified or ilIllended by a mutual written consent of the parties hereto or by their successors in interest. 6 Agenda Iterr3,.Br;J.6 May 25, 2010 Page 9 of 65 26. LBP shall keep or provide for the releOlion of adequate records and supporring docwnenlation which concern or reflect the total value of construction or installalion of the Road and Utility Project, This information shall be available to County, or its duly authorized agents or represenllltives for audit. inspection. or copying, for a minimwn of five (5) years from the completion and acceptancc of the roadway improvements by the County , 27, LBP acknowledgcs that the donations or cOOlributions cOOlemplated under the Agreemem shall be conslrued and charactcrized as worle donc and property rights acquired by a highway or road agency for thc improvement of a road within the boundaries of a righl-of-way, 28. The County shall record this Agreement. in the Public Records of Collier County. Florida. withm fourreen (14) days of its execution by the Chairman of the Board of COUOlY Commissioners. 29. This wrinen Agreemem, including all exhibilS and permits attached hereto. shall constitute the emire agreement and understanding of the parries, and there are no prior or contemporaneous wrinen or oral agreements, understandings, promises. warrdllties or covenants not contained herein, 30, Either party to this Agre~@ :-aqion for injunctive relief in the Circuit Courr of Collicr County. Florida. to cnf~~ ' , , ,of this Agreement, said remedy being cwnulative with any and all other r~m available to the ~ft enforcemem of Ihe Agreement, 31. County aCkn~I;:~' ~BP~ Cl ~~;~f the Property, Therefore, this Agrcement is expressly cond'iono'd upon ~ in on Ihe Pro by March 26. 1998 ("Closing Date"). In the event LBP d s ~ ~sin Date. this Agreement shall be null and void. However, in e, e en the l'fin e t (T, !,"llte ded Closing Date"), LBP shall notify County of the EXlende , " . I gen i(~ forth in this paragraph shall be automatically extended 10 Ihe ~e ded Closing Date, i 85 32. This AgreemeJ:~\oe construed to aCC;;~%4~ laws of the Slale of Florida, 33, In the fulfillment 0}~~i1ons..s..:t fo~~~:ement. lime shall be of the essence, '",LIj EC' 1 R L / o ...., ~ .- c::> c::> '"C:lI ~ c::> c::> ~ ~ 7 Agenda Item NdJ.J!t / May 25,2010 Page 10 of 65 IN WITNESS WHEREOF, lhe panics have hereunto affixed lheir signaturcs by their duly Attest ., to Chat......, aulhorizcd representatives, I"'wt~ 01111_ BOARD OF COUNTY COMMISSIONERS FOR Dated:~.~ ~ 11; / ',r COLLIER COUNTY. FLORIDA, A POLITICAL DwIGHT E. BR ' ,Clerk SUBDIVISION OF THE ST ATE OF FLORIDA By: c::.;(J;"~Kf),(l. BY~~~~ B ARAB.B Y. hai /;'7/ , .! Approved u to fonn and legal SU7ir~i ' , I i.- Heidi F. Ashton Assistant County Anomey WITNESSES: LONG BAY PARTNERS, LLC, /~R CQUlQrida limited liability company h\V--,,-'!V~ I~;"" Br"./'~TA BAY PROPERTIES.INC,. '/ ~ Fl ida corporal ion. Shlrle M T. m _~( : ging Member ;~..,'~@Jr~~",- '0- ) ! '::J STATE OF FLORIDA '~'~f"'-J 10/ COUNTY OF .lJ::.L- ~'---, ./ 0 Y, ';; f~/\)Y ,. _ The forego~g instrume~ltwlIJ a~difg(jf~5t.me this'::-' day of j\ la,' /, ,1998, by u"nn6 I. , (:, I t:,/! ~ ,H ~~,("lc'~f1'"':r\ of Bonita Bay Propenies, Inc,. a Florida corporation, Managing M mber of Long Bay Partners, LLC, a FlOrida luruted hablhty company, on bchaIf of the corporation and limited liability company. He _ is personally known to me _..==-hlls-- p~'vlll dFi\'er'~ Ii<<r_ 110. ... id\.,,,ifi~"'t;on. C) :lCl I'..> .... <:::I <:::I ..", G"l <:::I c::> "" -.J UICIlAEI.I A. JONII __tlRlIItIlo ..,ClooIoIIIIon......... ", .. 00Ik -CCIII7It /~ "\ " J. '. I 8 ~~G;~'~N'i; ;~~'ri;;g~;.,~~~ ~g~~Cri~S~~ A;';~C~'OL~~~L~d;~"~~'~F~S~~;~~"-~ l~6N~r~ "!if / SJU'iH,l\.ANOE lS EAST, COlol..E:l. COUN7Y, FloORlD^; TH~CE RIJlo.I 1'1, cc-n'O~" W, AloO~ie!1' of65 EAS'i LINE OF SAID SOVTHWE.S7 1/4 OF SECTIOt'lll. FOR A DISTANCE Ci' 263u~ FEET TO TriE (EYrE?. OF SAID SECTION 12; T,,'E'CE CONiiNV'E N, OO'~2'07" w. ALCl'Ci iHE CAS'i LINE Cr i'HE SOU'THEAST 1/4 OF THE NORTh~""'..si 1/4 OF SAID SECTION 12. FOR. A DlSiANCE OF 1316.77 FEET TO Tn!. NORn-rEAST CORNER OF ni:! SOUlriEASi 1/4 OF n"-E NORTHWESi 1/4 OF SAID SECTION 12; Tr{1!:'4CE RIJlo.I S. SS'~4'OG" W. ALCNO THE SOUTH lolNE OF THE SOLlTliE^S7 1/4 Cj' TH1: NORTrlEJ\ST 1/401' THE NORTHWEST 1/4 01' SAID S1:C'iION 12. FOR ^ DI~iTANC1: 01' GG2.25 I'(;r;r TO THE SQUTHWI!ST CORNlZR OF TlI!: S0U111I'!AST 1/01 01,' TIll, N()ll'I1I1~~-r 11.1 01"111" NOIlTIIW~~ 1M OF SAID SEcrlON 12; THENC1: RUN N. 00'50"U' W. ALONG TH~ WEST' UN1: OF 11,1: ~OU1'l'U::"""Si 1/4 OF 'inE NORTHEAST 114 OF THt:: NORTHWESi 114 OF SAID St::crION 12. FOR A DISTANCE OF 65S.71 FEET TO n-rE NORTHWEST COR.'!E., OF 'ir{E SOlJTlolEAST 1/4 OF THE NORTHEAS'i 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RIJlo.I N. 53'55'45"E. ALONG THE NOR-TIl Ll'NE OF THE SOUTl-lEAST 1/4 01" 11,l! NOR11ll!AST 1/4 01' 11lr. 1'0101111 Iwr-"T 114 OF ~A 10 SrccnON 12, FOR ^ DISrANC!! 01' 661 M I'~,. TO 11 m NOI('l"II~:.-r CQIUollill UF TIIU ~0U'1'I1l!A:,'r 1/4 OF TIIU NORTHl!AST I/~ 01' THE NORTHWCST I/~ 01' SAID sucnON 12: nlUNCU RUN N. 00'Sl'07" W. ^LONG THE EAST I..ll'olt:: OF THE NORTHWI!ST 1/4 01' SAID Sl!crlON 12. FOR ^ DIST^NCt:: OF65U9 FElITTO TrlE NORTHEAST COI\.NEll. OF THL; NORTHWEST 114 OF SAID SEcrlON 12; THENCE RUN S. U'$7"20" W. ALONa THE NORTH Lll'olE OF THE NORTHWEST 114 OF SAID SEcrlON 12, FOR A DISTANCE OF 2646.4$ FEET TO THE NORTHWEST CORNER 01' THE NORTHWEST 1/4 01' SAID SECTION 12; THENCE RIJlo.I S. 00'45'07" E.. Al.ONG THE WEST LeNE OF THE NORTHWEST I/~ OF SAID SEcnON 12, FOR A DISTANCE OF IJ 19.36 FE lIT TO THE NOR11olEJ\ST CORNER OF THt:: SOUTHEAST II~ 01' THE NOR11.IEAST l/~ OF SECTION II. TOWNSHl!!_~NGE U EAST; IrlENCE P.UN S. U"~'42" w, ALONa THE NORTH Ll'N!! OF THE so~st\f;~~9Jl.THEAST I/~ OF SAID SECTION II. FOR A DISTANCE OF 1325.63 FEET TO 1J"(~~~THE SOl.iTHEAST 1/4 OF THE NORTHEAST I/~ OF SAID SEC10l'fl ~CE RUN S. OO'4S~~LONG TrlE WEST Ll'NE OF THE SOU'l1iEAST 114 OF THE NOR~S""~AID SEcrlON 1I,f;OR.~ DISTANCE OF 1320.39 FEET TO THE SOI.111iWEST CORNER OFl'rH~0~5'n74O-r4P!E NO~TH &.ST l/~ OF SAID secnoN II; THENCE RUN S. 00'~5'04" E ~!O., N '~:1'N I' "~e, NO~R~.' sr I/~ OF THE SOUT'Hl!AST 114 01' SAID S!!C110N II,I"OR A 1ST ' m- .' '1 U1'f'WI!STCORNEt~ OFTHE NORTHEAST l/~ OF THe SO ST II~ . S 10 . I,' l! RUN S. SS'46'J7" W. Al.ONG 'in: NORTH 1..lN'E 01' THE SO I S II fGf SAlO SECTION II, FOR A DISTANCEOF13i.$,JJFEETT NORTHWESTCOR RO ~ nW'EST1I40FTHE SOUTHEAST 1/401" SAID Sl!cn~ I' THENCE RIJlo.I S. ~~~(l':J . NG THE WEST LINE OF THE SOUTHWEST 114 OFTHESO~ '1/4 OI'SAID SEcn~ I"'~ DISTANCUOF I 32J.IO Ft::lITTO THE SOUTHWI!ST CORNU/{ 01"59.1 "'Il!AST 1/4 ai' S^tb"Al;:t:Ij Nil; TliS'olCU RUN 101."'41'1$" E. AI..ONC THE SOUTH LINt: OF TH Sd ST 1/4 OF ~~~lON II, FOR A DISTANCE OF 2650.2$ FEET TO THe NORTHWEST C i-IrfI; .' 'l~WNSHIP ~I SOUTH, l1....NCE lS EAST; THENCE RUN S. 00'43'25" E. ALONG THE ?l t NORTHWES7 1/4 Of' SAID SECTION 13. FOR A DISTANCE OF 675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 Of.THE NORTHW!ST \/4 OF THE NORTHWEST 1/4 OF SAID SEcrlON 13: THENCE RUN N.II'31'IJ" E.Al.ONG THE SOUTH LIN!! OF THe NORTHWI!ST It4 OF THl! NORTHWtEST It4 OJ' THE NOR11,WI!ST 114 OJ' SAID SEcnON IJ.I'OR A OISTANCl! 01'664.12 FElITTO THE SOUTHEASTCORN!!R OJ' THE NORTHWEST 1/4 01" TH[! NORTHWI!ST 1/4 OI"THI.! NORTHWEST 1/4 OF SAID S[!CTlON 13; THt::NCE RUN N. 00'4\'49' W. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NO l\.TH WEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FORA DISTANCE OF 675.07 ~TOTHE NORTHEAST COR.'IER OF nrc: NORTHWEST 114 OF THE NORTHWEST 1/4 OF n-rE NORTrlWEST 114 OF SAID SECTION 13; THENCE RUN N. 13"41'00" E. AloONG THE SOllTH Ll'N!. OF THE SOUTl-lWEST 1/4 OF secnoN 12. TOWNSHIP 4S SOUTl-l, RANG!! lS EAST. FOR ^ DISTANCl: OF 1993..3 I F[![!T TO THE POINT OF GECINNING. """'''::. The southeast 1/4 o'f"tbe southwczt 1/4, less soLttb 30 fer:: and southeast 1/4 of the northwest 1/4 and southwest 1/4 of tile nortbe:ut 1/4 and northwest 1/4 of the southc:LSt 1/4 and northeast 1/4 of the southwczt 114, less DOrm In of south'W~ 1/4 of northc:LSt 1/4 of southwest 1/4 of Section 11. Towosbip 48 South. Raage 2.S E.m. Collier County. Florida. ...;) :=a ....... .- c::> c::> '"<:I c::;"), .... ! c::> c::> ....... ex> EXHIBIT .. A .. 110. ~"t.'O"'1 FEB 1 7 1998 'G. \ \ 0'.08- 25 10-48-25 02- 08- 25 II 01-08-25 LEE COUN TY COLLIER COUNTY VI Z 1- QC a:~ ~o ..~ ",a: ,,~ i 12-08-25 :; 11-4'-2' PROJECT LOCATION ,,-~~ LJVN:3STON ROAD PHASE 2 LJVN:3STON ROAD PHASE 1 ""'"i:iViNCSTON RD.-E/W (FUTU~ 15-08-25 22-08-25 I 14-oe-25 "-08-25 I 'e.4e-~ //~~O~ -\ /(r~~--Z~~ !t~~ \ '\ ~JCCIDlP fa; , ~i~015-25 )~!/c, ..:J I "P" 01 I ,0 ....r I..) ( /"\ IIlIA 1.[( --:: \\ ,<- It ... 27-0ll-25 C'> 28-015-25 > 2~-08-25 ~ ~ ii II l ~ ... ::: I II .. .... ~ ~ ~ .. !: I ~ % " C'> C '" !A .. 0 0 ~ > II ~ 1S1-4e-~ c:: ::z: I" oP c:: c:: ~ c: c:: ~ c: ,... <..C ,.. I WILSON. MILLER EXHIBIT "B 1'rd,!fi LONG BAY P (L.l LJVt.lOSTON RO FEB t 7 1998 PHASINQ ;L r4'f' O~ 19i. - .. 2~"" : '?086,,'-'p'02g,)'&'JUIi\01'Z9'}.O"l'O' r:-9 Agenda Item NcfV'\~61 May~~()' Page 13 of 65 EXHIBIT C Qswjption of Work Livinl!ston Roo4 (NOrth-SOllth SelZlDent) ~ \\0111 collSist of approxiroatcly 12,500 line.'1l feet of two-lane arterial rural road......y from !be Carlton Lakes eatrance to the proposed LBP projec:t entranc:e. The c:oostnlc:tion will inc:lude mobilization; c:luring and gNbbing; filling and grading; roadway subgrade, base and asphaltic: c::>ncrete pavilla; installation of storm da.iDag~ fac:ilities; sodding and seeding; sianage lUld pevement markings; lighting; signalization; traffic: cootrol; construction engineering and inspection and materials testing; construction surveying and layout; and all incidcataJ worle necwary to complete the roadway in a~rdance with the coostnlc:tion plans and specificatioos prepared by Hole. Montes and Associates. Inc roved by Collier County. The work will also coo(onn to the requirements sc ~Rh orida Water Management District P~nnit No. I 1-<l1359-s and V,S. N2 0 tI 't No. I 9900 I 402(lP,CC) as it applies to construction o(this ti . i~ 'ogation requir~m~~ ot included), r---" a \ ElIIK..Il will consist of appr , rely, l' fee two-Iae rial rura1 roadway from the proposed LBP project en . Th construction will iac:lude mobilization; clearing and b g fill . r y su de, base and asphaltic concrete paving; installatio (tlf\~ c .ties; d' d seeding; signage and pavement markings; Iightin ~c conll'Ol; cons crioo en '~ . g and inspection and materials testing; constructio~c" eying and layou ., d all .~ ental work necessary to complete the roadway in ac:cor e 'th the consll'Uc:ti 'n speciticatioos prepared by Hole, Montes and Associates, Inc, oved bv Collie ' The work will also conform to the requirements set forth in the 11 . ~7M ement District Permil No, 11. 1)1359.S and U,S, Army Corps of En . , 199001402(IP,CC) as it applies to constrUction of this facility (mitigation reqlliremenls are Dot included). ~ "'" -- c:::> c:::> ...." c;'l c:::> c:::> ~ c:::> W,'I997197013'_'\nhclOl U,oloc 110. /'C. EXHIBIT D OPINION OF PROBABLE CONSTRUCTION COST LIVINGSTON ROAD Agenda 'tem.J;'MJG May 25, 2010 Page 14 of 65 livinGston Roacl Phase I 11UOO. LFI PHASE I & II IIltlIINo. Description QII&IIIIlV UnlI IInll PrIca Amounl I ~ 1 1.$ I 2e9.6lXl.OO I auoo 2 MIi_ of Trsftlc I 1.5 I lUOOOO S 17,~ 3 ~ . Gl\*lIlOlg 11 AC S 2. 100.00 S 170,100 . Sid...... 1.000 SI' , 12.50 S B7.~ 5 ~... 11.100 SI' S 5,00 S 59.000 . T_ S Aop/wItil: C<<\enOI (2'1 ..,~ SV S ..00 I 178.000 1 Fnetan COII'N ",500 S'I' I 2.00 I 119,000 a 11.........8_ 33,0400 SV I ..00 I 2OO,o4CCI . Prime' TlICk Coa\ UOO GA I 1.110 I 10.010 to Type e SlabiZIllon (12') .',200 s'I' I 1...0 I ..010 11 ~HllME$IEW &4 EA I 750,00 I 41.000 12 8"'"" "ioe 5.000 l.F I 31),00 I 150,000 13 ~0Il/W- lez,500 SV I 1.:10 I 195.000 I. ~ 170,900 SV I 0.20 I 34,1ao 15 ~, Mil';"" I.F I 3,50 I ~.150 III ,-.... //. ~p R. 1. :n,1 :----.~S , 55.000,00 I 55,000 17 :i:iantn. /"v? ---.; t IVci.'" I ze,510,OO I ze.510 sw_- F~ /U/ "-..7~ I 1,",700 18 E.w\IMft (ErnbIn~1 / '\ =---, , BI,aoo CY\ s\ 7.50 I 1,2111,000 It ~~ri i'..l1;ng \ I \ ZlQ,OOO.OO I ZlO,ooo l.ivinalton Raid Ph'" I Tota ,-~~...... """"'\ I 3,1".1llO Livina.ton Raid Phasen f3,7Do+.LJ Itl ( .1.1\ ) ~~ ..... No. DMotI,- ;..;< - . dl:i:I1Ilftv ==ttni Unll "rica AmouoII I ~ \,.'(\,\ 'ill US 7 't,,/ 11,..00 00 S 11. ..00 2 MainIII\InCe <II Traftlc \"'r'.\ '4 .L$/ 'III . I C> :::0 3 t'_'~ \T '- 23 ...." At I.,,) ti 2.100,00 S 44,300 . . . ~ ...h""-. 2.Ill!l- :.....'\\ / I 12.50 S ze,:/SO "-" 5 ~B_ ""- "T-I -:':".UOOI '-'.-Sf I 5.00 S 17,500 ..,.. c:> . Ty~ S Aaphalllc Con"'''' (1" , ~~' SY . ..00 . SHOO c::> 1 F_e_ 13.ZOO Sy I 2,00 I 26,400 ...." ~e- en . 8.900 S'I' S 11,00 I 59,..00 9 P...., Tack CGat 1.900 GA S UO , 3.040 c:> 10 T_' SllollIalian "Z'l 1.,000 $V I 1.<10 I ".100 c:> L.> " I.-IIoIHllMESIEW 20 EA I m.oo I 15.000 t-' 12 S"'"" PlDot 1,500 I.F I 30.00 I .s.ooo 13 iSad.h.lFOIl/WolWr 44,\00 SV S 1,20 , 57,120 14 ........,llIcIl .ul,7oo SY I 0,20 I 1,340 IS Silri1a , Mar1dng 3,100 I.F I 3.50 I 1:,950 " l..-oIlnIion 0 I.S S 55,000,00 I . 17 LJahInCI I I.S $ \$,100,00 $ 1s.1OO SullID\lIl""""'" FiI S 48i' , llOO IS ~ IEmban.....-ill 50,000 Cy S 1,50 S 375.000 19 C...~ e;;;;;;;-_ 1M '....po_ (CEIl....c1 MnnaI. TeRng S "5,00000 S ~~: Uvlnaaton Road Phase II Total s , .u....]( ~ Total Pha.. J + Phasa 11 , "17i.~ i:l,', - NOTE: Figures Include conslruc:tion surveytng and layout. I FE8 I 71998 2190"',04 PM HIM F 1'1:. 14 I \VI L~l)N :r;;~' 1\1 J L L E R Agenda Item ti3',lJMf, Ma~~Q:(O Page 15 of 65 OR: 2400 PG: 0032 (~ .€.u..o 0...' IIIl "tr COUlll" ,... f(~'" ...... a.... ... "" r.. .-::\ ...-- 11 IMPACT FEE ASSIG MENT AREA J ~ ..... ...- ...- 27 eXHI8lT E l.ONG BAY PARTNEaS DEVELOPER CONTRIBUTION AGREEMENT IMPACT FEE ASSIGNMENT AREA .Pelican Slrllnd PlIO la.!,ol included unlll connecled 10 Livingslon Road OEVf' cpq' ~ AOIO I~P1CT F r< Cl<~ I T I <jet; Agenda Item No4' &, / May 25, 2010 Page 16 of 65 I~POAUIr: Tnl s ROld lmpl't Fit CredIt lfd;er Is Intendea t~ do"ment the bill"" of ROld !lIIplct Fit Credits lPP1,1"g OHlY to the following prapertl: BEIi!HHlHG aALAHCE . . . . . . . . . . . . S OtiHOP(~ AEP (SIG.'I.\TURE) I s S I I s S I I I s S I I s S I I I s s , I I s t-.; ,:: {;I r ;::::" T /' 1 I s /:(-..;\. :C..-----~ ( '. ," I y^", I s/U7 I J--'-'- I " \ I I ~ I Ut- ~ I ,- I I s ?7\l <7\\ "-,,1"'\ \ \ \ II ! T I Ihi ~fi IT)) fl \I> VI I \f I I t"~. ~ - --\ ~ I' I I S \or, /..... I I ~,. ';:\ S I /--.::..' I ",'P / I I I s \!. r.~ s ~/(I I . /,Ai: / I I s ~~ ~i;-;::,---::::=; "\'" r ,,"' I I s s---~,~ I I I s I I I . I s S I I s s I s S I I I s S I I I s s , I , S I I I I s S I , I s S I I I s S I I s S I I 110. ~l'~:S.\ E."OIIBIT " F ,I FEB 1 7 1998 !'G. It.,. ... .. .. C) :x:I I".) .- c::> c::> .."" ~ c::> c::> ...... ..... .. .. .. leU: CUll to 111 lOUD IlIIIOrrICI n. MOl mUtt AMENDED AND RESTAHO DEVELOP.:R CONTRIBUTION AGRHMENT 2411537 OR: 2494 PG: 1704 Ag~~m N01f.i6 UCODP II tM onmu IJCOIII of COLLIn CllIIft. n. eGPII~a~ 215;1 ~ 12/22/,. It 12:41" DIIm I. 11IlCl. CUU ilK .f THIS AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT is made and entered inlo the 4S[ day ()r~ .1998, by and llI.'1\\'~'I.'11 Long Ray Partll~T.i, LLC, a Florida limited liability company. whose address is 3.\51 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134 ("LBP"), and Collier County. Florida, a political subdiVision of the Stale of Florida, whose address is 3301 East Tamiami Trail, !\japles."L 3.\112 ("Coumy"l. WHEREAS. the Livingston Road extension from Immokah:e Road (C.R. 846) to the I.ee County line and connecting to a Lee County segment that continues to Bonita Beach Road (hereinafter "Livingston Road") has been an integral pan of Collier County's transponation plans for many years; and WHEREAS. the County has acquired substantial ponions of road right.of.way along the Livingston Road corridor and is in~he,' in.i!!g the remaining road right.ot:way; and \,\b Or 1 ',,- :0~__c." t"" WHEREAS. LivingstonRll' ~neonly nonh-s 'al between U.S, 41 and 1-75 that the County plans to extend noft 'the Lee County line. w h n plans currently in existence to extend either Goodletle_FranJ('~ R R d~~' oad nh 0 Bonita Beach Road; and WHEREAS, traffi pr'o a' In s Ro d nonh of Immokalee will provide relief to traffic eon ti u.~dn . II n fit all propeny owners within Road Impact Fee District I iii1 ~ \W d , f-, r" \~ /~ WHEREAS. Living~ oad will provide". r 'e ~ essibility for Collier County residents to the Southwest Flo\lIt,temational Airpo a~2:6m a,GUlrCOa5t University; and "'-.0 p <' \'\~ , WHEREAS, LBPpurchased'IQe~ ~~m' xhlbtt "A" (the Propenyl, attached hereto and incorporated herein; and ~_~---- WHEREAS, LBP's Property is located nonh of Immokalee Road west of and adjoining the Livingston Road corridor; and WHEREAS, the County and LBP have determined that the preferable access to LBP's Property is from the north/south Livingston Road corridor; and WHEREAS, LBP was willing to jointly participate with the County to accomplish the timely conslnlCtion of Livingston Road in accordance with the temlS and conditions of this Amended and Restated Developer Contribution Agreement; and WHEREAS, LBP and County entered into a Developer Contribution Agreement on February 17,1998, which is recorded in Official Records Book 2400, Page 20. el. seq" Oflicial Records of Collier County. Florida ("Developer Contribution Agreement") for the construction of Livingston Road from Immokalee Road to the Lee County line (hereinafter "Livingston Road"); and WHEREAS. such Developer Contribution Agreement to construct Livingston Road was and is in the best interests of. and is a substantial benefit to, the general public; and O 249A~enda Item~~o 16A6 R' . PG'MI, 2010 . 'pati of 65 WHEREAS, such a Developer Contribution I\greemelll pru\'ides a henetitlu the Cuunty ami LBP by allowing the conslIUction of the preferable access to LBP's Propeny in a timely manner; and WHEREAS, the Collier County Road Impact Fee Ordinance currently in effeet, Ordinance 92-22. as amended. provides a mechanism for impact fee credits to be granted to a LBP in exchange for construction of portions of the Cl1unt)"s road nctwork; and WHEREAS, both panies to this Amended and Restated Devclopcr <:ontnbution Agr<.-cment acknowledge Road Impact fee Credits shall be a credit only against Road Impact fees, and that such credits shall not ofTset. diminish or reduce any olher charges. fees or other impart Ices tilr whirh LBP is responsible in connection with the development orthe Propeny; and WHEREAS. such proposed plan is in cont'omlity with contemplatcd irnpron:ments and additions to the transportation network; and tcr,:sl; and nt, Li\'ingston Road was WHEREAS. the estimated cost of constructing an urban cross-section is $4,897,118.00 and the estimated cost of constructing a rural cross-section is $4,183,300.00; and WHEREAS, LBP and County agree thaI the total amount of road impact fee credits LBP shall receive for constructing an urban cross-section shall not exceed the total amount of road impact fees credits it could receive for the construction of a runtl cross-section as provided in the Developer Contribution Agreement unless the County is able to reduce the amount of right-of.way it will acquire, thus reducing the County's tinancial expenditure for right.of-way; and 2 OR: 249'te~':i:'l~f.1~~g Page 19 of65 WHEREAS. to limit the amount of impact fee credits LBP can receive for constructing an urban cross-scction, LBP has agreed 10 limit the certified estimate of construction costs for an urban cross-scction to the certified estimale of construction costs for a rural cross.section; and WHEREAS, the parties ha\e agreed to amend and restate the Developer Contribution Agreement to reflect that Livingston Road will be constructed as an urban cross-section; and WHEREAS, both parties to this Amended and Restated Developer Contribution Agreement acknowledge that the failure of this Agrccment to addrcss any permit. condition. leml or restriction shall not relieve either party, or their successors. of the necessity of complying with any law, ordinance, rule or regulation go\'\:ming said permitting requirements, conditions, terms or restrictions; and WHEREAS. both parties to this Amended and Restated Del'eloper Contrihution Agrcement acknowledge that this Agreement is nol to be construed as a development agreement under the Florida Local Government Developer Agreement Act; and ~Cnmmitments' Phase I Phase I of the project is defincd to be the length of Livingston Road from Immokalee Road to the proposed access point at LBP's Property, said road corridor more specifically shown in Amended Exhibit "B", attached hercto and incorporated herein. 2. The County shall cOlllinue with its acquisition by gift, purchase or eminent domain, at the earliest possible date. of all necessary right-of-way for road purposes within the Livingston Road corridor north oflmmokalee Road to the Collier County/Lee County boundary. The County shall be solely responsible for lhe payment of all costs and cxpenses associated with such propeny acquisition. 3. Other than the enginecring costs to be paid by LBP pursuant to this Agreement, the County shall be solely responsible for the payment of all costs and for all applications in prepar.llion OR: 2U4erpQl~t]tJ 1~~3 Page 20 of 65 associated with Construction Plans and road right-of-way permitting, including completion of all environmental permits and environmcntal mitigalion requirements (land acquisitions, dedications, or monetary contributions) by any applicable jurisdictional authority, The County's commitment shall include the cost of any environmental or species surveys required by any jurisdictional authority. 4. The County acknowlcdges that the timely completion of thc road right-of-way acquisition, together with the necessary construction plans and permilling. is a critical and fundamental aspect of this Developer Contribution Agreemcnt. Therefore, thc County shall acquirc the road right-of-way (including completing eminent domain "quick-take" procedurcs) and finalize the construction plans and permilling, including completion of all mitigation requirements, on or before December 31, 1999. 5. Upon completion of the Phase I road construction by LBP and acccptance by the County in accordance with the requirements of the Collier County Land Development Codc, the County shall be responsible for maintenance of the Phasc I road construction, 6. The County shall en,gg",~, ~ ,~' . 9ualifi,Ied Construction Engineering and Inspection (CEO consultant to overy~~ &;ftVt~~~~on to be undenakcn by LBP as set forth below. ;/(? "<)~:.. '\. [ RP's Commitments' Phas7e I \ 7. Within t\\'el e (1 10 S r u.' . q is~on of all nccessary right-of- way property rights, plus c JI1!P .i "' ." '~', P i~ts. LBP shall be responsible for commencement of con Uil t " ~:I\ r 'Ilh an urban cross-seCl1on between and the proposed en ~~ to LBP's Propeny . has I r a , onstruction"). LBP agrees 10 indemnify and hold the Co ,armless from all. s, 'e~' d omissions of its agents, contractors, subcontractors. an:/fer nnel with respect to ,Iit~irement of any permit that has been issued in the name of Collie . general d " ~ of the Phase I Road Construction is set forth in Amended Exhibit "C" !ii\f;Ere.'<t~1btdrporated herein. The construction of Livingston Road by LBP shall be in acCOra~ construction plans, specifications, and permits approved by the County. Subject to the provisions within Paragraph 14 and 23, LBP has agreed to limit the cost of the road construction, including fill to the estimated amount of $3.499,470.00 pursuant to the certified estimate ofthe cost of construction as described in Amended Exhibit "D" attached hereto and incorporated herein. LBP shall pay one-half of the engineering fees above and beyond the executed Supplemental Agreement No.7 between County and Hole Montes and Associates. Inc. to modify the existing construction plans to an urban cross-section from a rural cross-section. LBP's portion of the cngineering fees are eSlimated to be $197.500.00. In order to expedite the construction of Livingston Road LBP shall have the option. but not the obligation, to begin eanh work, clearing. grubbing. and filling activities. subjcctto permit conditions at the time the County acquires the necessary right-of-way propeny rights on which these activities will occur. 8. Upon commencement of the Phase I road construction, LBP shall convey to Collicr County road right-of-way for the north/south Livingston Road corridor via easement or warranty deed in accordance with existing commitments in Planned Unit Development documents applicable 4 OR: 249fg~f'~~~1~~g Page 21 of 65 to LBP's Property. The estimated cost of such north/south right-of-way dedication to project entrance is $353.400.00, subject to a County.approved real estate Appraisal.- The credit shall be based on the appraiser's determination of fair market value. In addition, LBP shall accept conveyance, treatment and attenuation of the stormwater from the above mentioned north/south right-of-way adjacent to the Propcrty. The estimated cost of this stormwater attenuation is 5340.000.00. 9, The value of LBP's contributions for Phase I of the project are an estimated total of 53.852,870.00. In addition, LBP shall reimburse the County for all costs lor the CEI consultant previously mentioned. The expenses incurred by LBP penaining to the eEl consultant shall be considered a project cost and LBP shall receive road impact fee credits as set fonh in this Agreement for such expenses. In addition, LBP shall receive road impact fee credits for surveying and engineering costs incurred by LBP to construct the Phase I road construction upon submission of the actual construction costs certified by an engineer or architect, County Commitments' Phase II Phase II of the Livingston Road ~ ~ 1 e the length of Livingston Road from the proposed access point at LBIl' nly line, said road corridor more particularly shown on Amende~~~"B'" attached her ~corporated herein. / / c------ \ 10. The County's ~lIl11'l'illl r PJuise1tOJithe Li . gS~ Road construction shall bc identical to the County PhasF ,I c' t f ri t-of-way acquisition. costs and applications for constru~io, pI ns d p i u he osts of mitigation and shall be completed by Decembe ~" O. c lion f he i~aj;e II road construction and acceptance by the County, 0 sh Sl,bl , t;l)!ltnance of the Phase II road construction. \~; \ vI, f) \./ ........ I '] \ /".4" "t\..., /,'\... I RP Cnmmitmenls' Phase II \; f' ". ;/ \...) ""O;:~\::...'/ 11. a. Commitments for i~felj'iUc~n(an December 31, 2001, and aller the County obtams all 'C~~ments for Phase II, LBP shall commencc construction of Li\'ingston Road as a two-lane. undivided road from LBP's Property entrance to the Lee County line ("Phase II road construction"). Subject to the provisions \\ ithin Paragraph 14 and 23, LBP has agreed to limit the total estimated cost of the Phase II construction to approximately S683,830.00. including roadway fill and. roadway construction. A general description of the Phase II road construction is set fonh in Amended Exhibit "C" and incorporated herein. The cenified estimate of the Phase II road construction costs is attached hereto as Amended Exhibit "D" and incorpor.ued herein, LBP shall also reimburse the County for all costs of the CEI consultant mentioned above. LBP shall receive road impact fee credits for costs and expenses it incurs for the CEI consultant, engineering and surveying relating to Phase II road construction upon submission of the actual construction costs certified by an engineer or architect. OR: 24~1G~~1-ms1~~g Page 22 of 65 b. Commitments for right-of-way: Upon cOlllmenccment of the Phase 11 road construction. LBP shall convey to Collier County road right-of-way for the north/south Livingston Road corridor via easement or warranty dccd in accordance with existing commitments in Planned Unit Development docunlcnts applicable to LBP's Property. The estimated cost of such nonh/south right-of: way dedication to LBP's project entrance is S251,600, subject to a County- approvcd real estate Appraisal. The credit shall be bascd on the appraiser's determination of lair market value. Impact Fee Credits' Phase I 12. In exchange for LBP's road construction and land dedication costs in the amount of approximately $3.852,870 related to Phase I of Livingston Road, a regionaltransponation facility. LBP shall be entitled to the following: Impact Fee Credits' Phase II 13. In exchange for LBP's road construction and land dedication costs in the amount of approximately $935,430 as described in Paragraph II of this Agreement for the Phasc 11 road construction, LBP shall be entitled 10 road impact fee l:redits upon l:ompletion of the Phase II road construction by LBP and submission of the actual certification of construction costs ("Phase II Road Impact Fee Credits"), The credit for the donation of land shall be effective upon recording of the 6 OR: 2 Cy,nPG ~e1 ~11\16A6 May 2ts~ 2010 Page 23 of 65 wammty deed or easement, The Phasc II Road Impact Fee Credits shall bc aclual cash valuc eredits and shall not be dwelling unit credits 14. In lhe cvent the County's right-of-way acquisition costs for Livingston Road lor that portion of the right-of-way adjacent to the Property is reduced because of reduced right-ol~way requirements due to an urban cross-scction. LBP will receive road impact fee credits based upon the appraised value of the right-of-way multiplied by the rcduced right-of-way acreage up to the sum ofS979,423.60 ("Contingency Road Impact Fee Credits"). By way of example, ifthc right of way necessary for that portion of Livingston Road adjacent to the Property is rcduccd by twenty (20) acres and the appraised value of the right-or-way is S25.oo0.oo per acre, LBP shall receive Contingency Road Impact Fee Cr~-dils totaling S5OO.OO0.00 (20 x S25.000.00 ~ S500.000.(0). This paragraph shall only be in effect if thc actual cost of constructing an urban cross section cxceeds twenty percent of the initial certified estimated cost attachcd to this Agreement as Amended Exhihit D and only to the extent of such cxccss costs. 18. The County shall prOl ide J.BP with a ceniiied copy of this Agreement. including all exhibits attached hereto, such that LBP's cenified copy of Exhibit "F" (Road Impact Fcc Credits Ledger) shall 5CrVe as the ledger sheet to document LBP's balance of Road Impact Fee Credit. 19. With each building pcnnit issued on the Propeny. the County shall subtractlrom thc Road Impact Fee Credit balance the amount of (i) Road Impact Fees appropriate to that panicular permit, or (ii) Road Impact Fee Credits allcndantto the panicular assignment, and shall enter the new balance in the ledger column labeled "Impact Fee Credit Balance." 20. County shall monitor impact fee collection within the Propeny to assure thut only impact fee credits granted to LBP pursuant to this Agreement are used as impact fee payments for Agenaa Item NO. loAO OR: 2494 PG~alm~m all impact fee construction within the I'ropcny. until all impact fee credits granll:d to LBP pursuant to this Agreement are utilized by LBP or assigned in accordance with the tenns of this Agreement. 21. The County shall apply all road impact fees collected by the County from propenies located within that area described ill Exhibit "E" to the Future Phase I Road Impact Fec Credits, Phase 11 Impact Fee Credits and Fuwre Phase II Road Impact Fee Credits issued to LBP pursuant to this Agreement. Upon application by LBP, the County may forward to LBP, on a semi-annual basis, said road impact fee payments received by the County, 22, No sooner than five (5) years from the dUle of this Agrwmel1t, UPUI1 \Hillen application made to the County hy Uil'. the Coullly may. within sixty (hill days. rcrulld to L1IP moneys equal to the current Road Impact Fee Credit balance. In the altcmati\'e. the County shall continue to pennit LBP to utilize or assign any remaining Road Impact Fee Credits. liettholders having any lien Gena:aLPrlll'Wons n 25. The burdcns C Agreement shall inure to all s c' this 27. LBP shall kcep or provide for the retention of adequate rC'l:ords and supponing documentation which concern or reflect the total value of construction or installation of the Road and Utility Project. This infonnation shall be available to County, or its duly authorized agcnts or representatives for audit, inspection, or copying, for a minimum of lhe (5) years from the completion and acceptance of the roadway improvements by the County. 28. LBP acknowledges that the donations or contributions contemplated under thc Agreement shall be construed and characterized as work done and propeny rights acquired by a highway or road agency for the improvement of a road within the boundaries of a righl-ol~way. 8 OR: 24~fG~ I~'~ 1~~8 Page 25 of 65 29. The County shall record this Agreement. in the Public Records ofCoUier County. Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. 30, This written Agreem.:nt, including all exhibits and permits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous written or oral agreements. understandings, promises, warnlllties or covenants not contained herein. 31. Either party to this Agreement may file an action for injunctive relief in thc Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy bcing cumulative with any and all uther remedies available to the partics for cnforcemcnt of thc AgrCl:ment. 33. 32. This Agreement shalll1e construed in accordance with the laws of the Stale of Florida. In the fulfillmcnt of ~~~h in this Agreement, time shall be of the ~ \\bR CO{,~ /'"),'V;/--"--':::: ~r/-.~ In the fulfillmlll\t-M" :'66ligations set fonlNn)hJ" Agreement. time shall bc of lhc ! ~, ' \ essence. '/'~-'" '\ \ / "'-'........ ~"\~ 35. LBP shall hfve ' e' ;"\' ," FPL facilities as sct forth in the 1991 Engineering Plans p"!"ar b e, n i . . nc.\for the portion of Livingston Road to be construc.ted Pi~ ~ ~~5 t' ad i w1~~tj' construct the eastlwo lanes of a rural cross-section. \ r" '", 1 i ~ \f'f\\ Yk ! /.::.J/ 36. This Amended;~~,': .:ssttaallced Developer~)10Y Agreement shall supercede and replace the Developer Contnb'UaO~ement. /. l./ '- u'" . ./.<."/ " f'" ~:....________- ,.< '-> "/ '.......~Il Eel R ~./ IN WITNESS WHEREOF, the parties haven-emmto1iffixed their signalures by their duly authorized representatives. ,.'; };/:/1 . Alt~..'1:~l<:.~' , <Dat&i:~, ' .iii.ij(~~u"j~/"r ;'.D~., " ~RpeK. Clerk :}.:,~\::~'. :~i. )~? ~ .~y~;~ 'aJ,,~ ~~ ~- ,..;(tI(l.. Attest '-i'<iiO: Chi fF'lllll' s sfgnature onl1_ essence. 34. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: ~~.~~ BARB B. BERRY~Chai an 9 OR: 2UlerPGlte~U.~16A6 Ma;~ 2010 Page 26 of 65 Approved as to fonn and legal sufficiency: J flu d , ,;J!/l/ Heidi F. Ashton Assistant County Attorney L---_ WITNESSES: LONG BAY PARTNERS, LLC, a Florida limited liability company By: BONITA BAY PROPERTIES, INC., a Florida corporation. its Managing Member r. e o Bo . C~ ~ <JJ.!.E C\ReV . If - ---~~ 11 C~~ ~ NOTAR C ~ Name: ~~,I:~ M. Thomplon (Type or Print) My Commission Expires: ~...lIIV ~"4-: 0Pt'IC&M. IDfAII'r MAL f~' 'f\.....,. lM011N011 . ~........ \ t CC4S3Ul ') 4".' ~... .IP 0, ,,0 IIA. 2fI ,n, to . .. 4Wn~'te~ ~iA~~~g OR. 2 ~ge frc;f 65 It '.v.CEI. OF LAND 1.0 no IN ScCiIONS II, I:..t: IJ TO\l.'NS;.... es SOllTN, RANGi: 2! EAST, COU.tER. COUNiY, FLOII.IOA, BElNCi MOllE PAItTlCUl.AA.lo Y OESCRIBED AS 1'0I.loOWS; SECilHNlloICi AT niE SOUTHEAST CORNE!l. OF TllE SOUTHWEST II~ OF SECTION 12, TOWNSHIP ~I SOUTH.IV.NCiE %J EAST, COLLlEll. COUNTY, FLOIlIOA; TH~CE RUN N. 00"2'0;" W. ALONCi iri!: EASiLINE OF SAID SOUTHWUT 1/4 OF SiCTlON 12, FORA DISTANCE OF 4631." FE:rTOi,;~ . CENTn OF SAm S~CTION 11; lliENCE CONiiNIJE N. 00.'2'07' W. ALONe; THE EAST LINE OF irlE: SOtTTHEAST 1/4 OFTiI.E NORTiiWIsT 1/4 OF SAID.SEenON 12, fORA OISTANce OF IJIU; nET TO it!! NOn.THV..ST CORNEA OF THE SOUih'iASi II~ OF 1"HE NOltn;wesr 114 OF SAIO S!CilON 12' irlENCE R.UN S. U"~'OG. W. ALONCi THE SOVTH liNE OF THE SOUTHEAST II~ OF THe NOIl'i);EAST II~ OF THE NOIlTHWEST II~ 01' SAIO SECTlON 12, FOil ^ OIST^NCe 0"'62.21 FSETTO TllE SOUTHWEST CORNEIt OF THE SOlJiliEAST 1.lC OF THE NOIlTH!AST II~ OF 114E NOIC'T;jWE.':ii 114 OF SAIO SECTION 12; THENC&RUN K 00"0'%2" W. AloONCi THE WESl'UN!! Ol'niE SOlJT'1.jEASi II~ OF iriE NORnI!.A.ST 114 OF Till! NOltTHWESi 114 0;: S~IO SECTION 12. FOil A OISiANCE OF 6$1,71 r~iTO THE NOltTHWEST COIl."IE., OF iriE SOlfT'HEAST 114 OF niE NOR.iriEAST II~ OF iriE NOIln."WEST 1/4 OF SAID SECTION 12; THENCE RUN N. U-"'4,"e. ALONCi nil! NOR.TH LINE OF iriE SOVT"riEAST 114 OF THE NORTHEAST 114 OFi..SNORTHWEST 1/4 OF ,sAID SiC710N 12. FOR A OIST~NCE OF 661.9' Fu:T' TO THe NOItTll!.AST COItNEIt OF TH! $OUTH!...sr /I~ OF THE NOn.TllEAST II~ OF THE NORTHWEST lie OF SAID SE,:-nON 12; i,;ENCE ItUN N. 00":Z'07' w. ALONG iriE EAST LINE OF irlE NORTHWEST II. OF ~AID ~E'::TlON 12, FOR A CISi'ANC: OF 6jl..1~ r;rrTO rriE NOn.TriEASi' CORNEl'. OF iri~ NORTJ.i',!,'E.!7 II. OF SAID SECilON 12; T;';~CE IlUN S. 13'$..0" W. ALONG rr.~ NORTH 1.INE OF ir1E NOR]Ji.WEST Y! OF ~AJD SECTlON I~, FOR A DISi'A);C! OF 2!~6.e$ FEET TO iriE NOn.iriW~T C !R ~. 'WEST II~ OF SAiD S!'::TlON I~ rr:~CE RUN S. 00'."0;' E" ALONCi ili!! W - r.. . ,"7114 OF SAID SE'::TlON 12, F~R. A CISTANCE OF Ill9.36 I'EETTO '10. n;E4S7 CCR~C. r~ SOL!i",.,b,S; 1/4 CF i10iE NORj"riEAS1' 1/4 OF ~EcnON 1'1, ' 'l'oI~;.;I~ el SOL!i"rI, C\AN ~ l!"E.,S"i'; TH~C~ RL'N S. U"s.n." W. ALONO iriE NORiri LIN!! Ol'jrri I ~'.I -.:r,::- !'-oOR. ::::..&.n 114 OF SAID S::CTlON II. FOR A DISTANCE OF Ij2j,63 nEt TI iri . ri - I CO eJ;. 0 ~ri~SOlri'riEAST II~ OF To"!! NCRj"r.UST 11< OF SAlO sabo . . . t NO rriE "':.IT LIN! CF j"tiE SOlri'r:'E.'ST II~ OF ir.: N . TAT I' _ I E I I' R :t1S"i'ANCE OF 1320..19 f'EE'i TO rriE SO\J'i"r."WESi CORNEll. ~ . S I I' irl N~. ST lie OF SAIO SiCTION II; il'iiNCE RUN S. OO'H'~. E '1-0 FIE I Ll rrl 0 I sr II~ OF 114E SOI.Ji1iE.&.ST 114 OF SAIC SienON II, FOR A , NCE OF Ilil.') FE_ ;:1'0 WESiCORNU DFrliE NORrliEAST II~ OF il"l!! SO~'.' ST 1/4 OF SAID SI; ~~'I~C!! R.UN S. U'46'J7' W,ALCNG Tr.= NORTH LIh= OF iriE SO '.' I/e OF rriE SOUTI"l~~J~ OF SAlO SECTION I I. Fell A D!SiANCE OF 1:l2.5..1J FeEl TO:Z - :WESi' COR.JiSK~E SO\J'i"riW-eSi' 1/4 OF ir:E SOlri'tlE.'ST II~ OF SAID SE\..iION 'N{,t-ri~~" ..~;;t1. E. ALONO rtiE W~I Ll'iE C F rr1; SOlri'ri\l,'ES1' II~ OF rriE SOurtiEAS1' i/i~ ) . 1'1 1I,I'On ^ DISiANC" CF IJ:.UO FErrro j"tiE SOUTHWES1' COR..~Elt OF inF. SOUn;E.~ST 1/4 OF SAIO SEC"iiCN I I; "'~CE RUN N.U'c 1'1$" E. ALONO THE SOurrlloIN!! OF Tl;E SOl.li"riE...S7 114'OF SAID SECTICN II, FOR ^ DIS"i'ANCE CF 2a!0.1$ I'EEl TO iriE NOIl.THW!:.S"i' COIt'<Ci\ OF SECiION IJ. TOWNSHI~ ~I SOI.J7H. RANCi" l! E.,SO; iriDIC!! RUN S. OO'~!'2a" e. ALONCi ili: w-...rr LINE OF in!! NORrnWESj 1/4 OF SAm SECiiON IJ, FOR A OISi' ANC! or- 6n.60 FEEl TO il'i'E SOI.li"",WEST CORNEll. OF iriE NORTH'W'EST 1/4 OF'T",E NOR.Tn'ViEST II~ OF THE NORTHWISi' I/~ OF SAIO SECTION IJ; iriENCE IlUN N. II'JI'IJ" Eo ALONG rriE SC1.I'nI1.INE OF rrlE NOR.THWEST II~ OF rriE NORrrlWESj /I~ 01' Tl;!:: NORiHWCS'7 1/4 01' SAIC SECTION 13,I'01l ^ O/STANC!:: OF 664.12 FErrTO THE SOI.JTl.;E.~S; COn.N!::1\ Ol'n;E NOltirlWl!ST /I~ OF THU NOIt.!tiW!:.S"i' lie 01' "'\; NORTHWEST lie 01' SAlD SECTION 13; inESCE IlUN N. OO'~ 1'49" W. ALONCi THE e.'ST LINE OFr,;E NOR.THWESi /I~ OF inE NORiriWESi' 1I~ OF iriE NORTHWEsT 1/4 OF SAID SScnON Il, FOR A DISTANCI: OF 67'.07 r=. TO r",E NORi"riEAS1' COR.'o/ER. OF 'Tn: NORTHWEsT 1/4 OF Tl;E NOI',T'n'WESi 114 OF ine NORrti'W'EST 114 OF SAm SECTION 13; TrlENCE RUN N. U'~I'OO' E. ALONCi i,.;E sour,.; loIN! OFTH!:: SOL"iH'W'EST lie OF SECTION 12, TO\VNSHIP ~~ sour,.;, RANOi! U E.'ST, FOR ^ DISTANC!l 01' 199!..! 11'i!l::T TO in!:: POINT 01" I3ECiINNINCi, ~':;) The southe:ut 1/4 of the southwe:t 114, l=:s south :;0 fe:: IIl.i:! south=:. 1/4 of ll:. lIonbwCI 1/4 2nd southwe::t 1I4 of tile 1I0r'..!:= 1/4 u:d 1I01"'J:We::: 1/4 of l!:. lou!h= 1/4 u:d 1I0rth= 114 of thi: southwe:t 114, Ic.s lIClrJ: 112 of south....e::: 1/4 of Ilorth= 1/4 of south....e::t 1/4 of Sed~e 11, TOVCJl:ip4.! SoUl!:, R.u:ge ~ UlI, CoWe: Cou:::y. Florida. ____ ...___. __, EXHIBIT "A" OR: 2c"n~~~nn~~g I II LEE COUNTY II COLlIER COUNT~" ~ I~.~~ I' ~pffOJECT. ~ LMNOSTON ROAD PHASE 2 W;;/ '~;~OS~T19,N;~',~ ~ LMNOSTON ROAD PHASE 1 ~~..A ! .- - . . . . . ~~~i cP , ,,,/,ji~ ~. ~~-~~ 0CC@W j~r\ ~, ~!lc 1/::J) \ ~~ -~~^o. :r ,\...;: OF /\\'" : , 2J1~':;' i . :!: LiViNCSTC" RH'/W (,urc~~) 13 ~ l\wlyc~o,_E~ R'~A:) .\ ; I \1 Ii t I I t ;; " I 0 I " 8 II ;; I !: :=, ;; .., I > ;; i ;= \~ \~ [I - c: \': VI I \~ I ~ II il Ao'lENOED EXHIBIT 'B' WILSO'N . MILLER LONG BAY PARTNERS UP) l.JVNQSTON ROAD PHASING PLAN No... OJ. In. . 01 Ot. U D \0'160.\029'40"Ilol\01_(.118\29.)40'01 .,.~ ---",,-,,"..- OR: 2d,e1~:~~1~~g Pa~~~ of 65 AMENDED EXHIBIT C DescriDtion of Work LivinlZston Road /North-South Sel!mentl Phase I will consist of approximately 13,720 linea.! feet of two. lane arteria.! urbm roadway from Immokalee Road to the proposed LBP project entrmce. The construction ",ill include mobilization; clearing and grubbing; fillin , adway subgrade, base and asphaltic concrete paving; installation of stonn li.. . and seeding; seeding; signage and pavement markings; lighting;, ti) tion; traffic con . struction engineering and inspeclion and materials testingyto l ction surveying and la. ut; d all incidental work necessary to complete the roa<t.ay f ~~ cons ctio plans and specifications prepared by Hole, Montes an<t As~' , I v. y lIie County. The work "'ill also conform to the requiremdnlS t 0 m~ I a a r, anagement District Pennil No. 11-01359-5 and u(~ ~ i ers il p., 9900 I 402(IP-CC) as il applies 10 construction of this ~~,~,' . ty mitigl on rcqUllf,m, ,en~ II'C nar, ~ Included). .;..r,\ '\', J .....:j Phase II will consist ofapproXi~\''''''' &-2,480 lineal feet ~7~ ,~~ e"") eriaJ urban roadway from the proposed LBP project entranc ~ollierlLee Co e e construction will include mobilization; clearing and grubbing; 1,fn~~~ y 5ubgrade, base and asphaltic concrete paving; installation of storm dra~'-soading and seeding; seeding; signage and pavemenl markings; lighting; signalization; traffic control; construct~on engineering and inspection and materials testing; construction surveyipg and layout; and all incidental work necessary to complete the roadway in accordance with the construction plms and specifications prepared by Hole, Montes and Associates, Inc. and approved by Collier County. The work will also conform to the requirements set forth in the South Florida WOller Management District Permit No. 11-01359.s and U.S. Army Corps of Engineers Permit No. I 9900\402{IP.CC) as it applies 10 construction of this facility (mitigation requirements are not included). AMENDED EXHIBIT 0 OPINII OF PROBABLE CONSTRUCTION LIVINGSTON ROAD PHASE I & II "Y""UClIl"'" ,"U. '0"0 OR: 2494 PG~a1m~m )ST LIvingston Raid Ph... I (13,720 LF) Two Llnll _1M. Otoc:ripllon Q-tlIy Unit Unit Price Amount 1 --lion " LS $ 295.90000 $ 29~.90000 2 t.llII1!1nl1nce 01 Tralt'IC , LS S 19.:ZOO,oo $ 19,20000 3 CJuring & GlubOing 09 AC $ 2,100,00 S 116,90000 . _II< 7.700 SV S 12,50 S i6,2~, 00 5 SIlouIdet e... 13.000 SV S ~oo S 15.000,00 1 Type S AspItaItic ConcrelllTI ~.500 SV $ .00 $ 19~,200 00 7 FrICtion Course 01.500 SV S 200 S 117,600 00 5 Ro'l1Wa~ Base 36,600 sv S 600 S 2'960000 9 Pnmo & Tael< COlt 6,700 GA S 160 S \0.72000 10 Type B SIaI>liuOon (12; 51,500 SV S lOa S 72,~20 00 \l InlotoiMHIIMESiEW 70 EA $ 750 00 S 52.500 00 12 Slo"" Pipe I,~OO LF S 3000 S \65000 00 13 SOcJdlngtFerVWa1er t 7iS 400 SV S , 20 S '21408000 10 S..dlMu\ch 181.700 s< S 020 S 3/,54000 '5 SigntnQ & Manung /' ~'11i ~ S 350 S 07,95000 16 SlQIlOhzalJOn /.. \-' :::::-- --t :G\At s 55,00000 S 15,00000 \7 \.i~hllng /".1...)/ 1 L~.( 1\." 26,5'000 I 2551000 Sublottl wllhoul Fill I ~/ \ s t851,470 00 18 Earthwork IEmbankment) / = cV It, "\' / SO S , ,Je9.000 00 19 ConltNC\lon Engan..nnlil a d InsiectJon {CEll a \IIIih I, T.."nIa \ s 213,000 00 Llvlnaaton Raid Phi" I Total /~I/ ""i'.. '\'\ (II s 3,o",no,oo Llvlngslon Road Phas..1I (2,48 ~~\....~D,~ tl ,1;::, Two Len... \ 1"'\'\ 'lA I :) I t_Ho. o.lcripllon VP~\ Quantity """1l!lii,t I IIlij';l.rPrl.. Amount , t.\olId&Zalion ,\"1 ~ I Ls-/:I ~ /62,500 00 S 62,50000 2 U.untenance of Tratf'oc o ......-(s<\. W 5 3 Cleanng & Grubbll"lQ "' 1 Iry~-;:'\! ,l.!o1:-'/ S 2,'0000 5 31.50000 0 Sidewalk ~ SV 5 12 SO 5 11'.500 00 5 Snoulder Basi 2.300 SV S 500 S ".50000 6 Type S ....phanlc COl\Clelt 12'"l 8.800 sv S .00 S 35,20000 7 F~ Course Hoo SV S 200 S 17,60000 8 Roadway Ban 6.600 Sy I 600 S 3960000 9 Pnrne & Tack Coat 1.200 GA 5 160 S 1,92000 10 lype e Stabilizallon (12"'l 9."00 Sv I 140 5 13 1bO 00 " Inlol$lMHslMESiEW '0 EA S 750 00 S \0,50000 \2 Storm Pioe 1,000 LF S 3000 S 30,000 00 \3 Soddtnglf.rtlWa,Of 32.200 SY S 120 S 38,640 00 to SetdlMulch 31.300 sv S 020 I 6,260 00 IS Stoning & Marking 2.500 LF S 350 S 8,75000 16 S'9"I'iUlion 0 LS 5 55.000 00 5 17 Lighting , LS S IS,900 00 S 15,90000 SUb_' wilhoul FiU S 340,13000 18 _ (Embankmtnll 33.500 CV S 750 S 25 t.300 00 '9 Consn..ction Engineering and InspectIon (eEl) and Matenal, Tesllng $ 92.00000 Uviiiilaton Road Ph...." Total 5 653,830.00 Totll Ph... I + Ph... II s 0.183.300,00 E~timaled costs do not include landscaping, utilities. righl-of.way, stonn watet' treatment or environmental work, '1/3198 HMA, FIle 98 95 - PJ~e 1 "II LSOj\; (:;: 1\11 L L E. OR: 2fgrPG~a~1~f!~ a_ -- -.. ...... CoO. 'c....'eu.. . -- ..... .c.-.....i OAIlI SIll lee CIllIl"." n it;. ._, ... 'M.,........ ""- -... . .A. i: Wljlr:: , .. ..': _Co ,~ ""'., ~. '. .. ~ ~ 27 EXHIBIT E LONG BAY PARTNE.flS DEVELOPER CONTRIBUTION AGREEMENT IMPACT FEE ASSIGNMENT AREA .Pelic:m Slr\Jnd Pl.:JD is .!lO! includod until connected 10 Living~1on R003d .... ,. tt* OR: 249+1'G~i7!91~ Page 32 of 65 ROAD 'IMPACT FEE CREDIT LEDGER IMPORTANT: This Road . Impact Fee Credit Ledller Is Intended to document the balance of Utility Imp!lct F.. Crodits applying ONLY to the following property: Beginning Balance. , . , . . . . . . . . . . . . . . . . . . . . . . . . . S ROAD IMPACT IMPACT FEE COUNTY OFFICIAL DEVELOPER REP DATI! PERMIT NO. FEES DUE CREDIT aALANCE l1!a!!llllW ~ ~ ~.;r;::;-:--..... ~G~ ~~ ,', I '/:,>\ I lie- I'.: \ I "\. ~ \ \ I I ~"f\ ,\ \ \ '~/ J/ \ ,~~ J~o 1./~ V/ i ,-. 1.." 1:-<1 ,.- i~ ! / !:::' I \'0';\ 1-..'/ \<!-~ '-.I/()/ // ^'/ '<I -, \.. ;/ "- IE C I~J:> , , EXHIBIT "F" ! ' Agenda Item No. 16A6 May 25. 2010 Page 33 of 65 FIRST AI\1ENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT THIS FIRST AMENDMENT TO THE AMENDED AND I{ESTATED DEYELOPER CONTRIBUTION AGREEMENT is made and entered into thir.:.t3...lI\lay of~, 1009. hyand hetween Long Bny PlII'Iners LLr. a Florida limited liability company. whose address is 345 I Bonita Bay Boulevard. Suite 20t Bonita Springs. FL J41J4 ("LBpll. and Collier County. Florida, a political subdivision of the State of Florida. whose address is 3301 East Tamiami Trail. Naph;~1 fL 34112 ("County"). I~!I!!!' ......=ii ., ., .. '=~I!! ......... ~i! :!;==- ~...- ~;= ~~ WHEREAS. the parties entered into the Amended and Restated Developer Contribution Agrcement on November 10th, 1998, which was recorded at OR Book 2494, Page 1704, of the Public Records of Collier County. f:lorido: llnd 011 ~s 51 :..... r-...>> _.. 0"> ::'i~ ~g~ is... ~ iI~ 0 a 2!! ;:0:0 .... !! .. SSrv ~!cr. .' ....,. 8, .: -;:C) r iii .. ei~ . ....,. WHEREAS, the parties desire to amend and clarify thcir duties with respect to the Amended and Restated Developcr Contribution A~O~ /~\bK LU,~~ NOW, THeRefORE. in ~ lion ofTen DO ' 0,(0) and other lioOO and valuable consideration exchanged bel~ e anies, the receipt II s lciem;y of which is mutually acknowledged, and in consf.1envlo th, e COnlll~ell ercin. lhe panics illUenll lhe Amended lIIld Reslated DevrloPf;..contrib' reem nt as r. 110 s: ,/I/?'Jr1I'1d I~d ' , d f h' 1. The above nlc.ta ~ ...(e t~ 0, Ijj _; e cr, Wit Incorporate as part 0 t IS First Amcndmcnt and the ~~~d clo ~t8p t;on Agreement. IC'\--on ,', ! '" /' \:(".\\ ' ..~!. i ' ) 2. The Westcrly i\g/U.~-way hne of LIVII , n.R~Of Phase I and Phase II shall be located 100 fect west of the qu~ ~ction linc (Townshl~iSJ""'iange 25 E, Section 12) and the Easterly right-of-way line shall 'b(~o feet 9St~I\~k( quaner section line (hcreinafter "North/South Segment"), "',-DIUl R(~;:/ ..---:::.......~-::---~ 3. No changes shall be made to, nor shall additional right-of-way be secured east oflhc Quaner section line (Township 48 S, Range 25 E. Section 13) ill the southeast comer of the int~tion of the Nimh/Suuth Livingston Road and the EasVWest Livingston Road. However, if thc engineering of the alignment through the cross intersection cannot be accomplished \\'ithin the originally dcsignat~ right-of-way west of the quarter section line. Collier County will acquire additional right-of-way cast of lhe ljuaner section line at the southeast comer. Further. there may be /I n~ to provide for lIIl additional 15 fOOl utility easement outside the North/South Sel$ment nonh of the EasVWest Livinl$ston Road on either or both sides of the quarter scelion line. .. - a= ;::" =a C> co 4, LBP accepts responsibility and accoulllability for all resultant design schedule delays, design cost increases lIIld additional pennining costs only to the extent that such impacts were caused by shifting of the pavement to the east and into the 50 foot Slrip cast of the quarter S<.-ction Iinc as shown in the revised cross-section. S. Should LBP acquire land east of the quarter section line, LBP will convey that land for a price which is not greater in value than the llllld that is to be conveyed by LBP to the County west of the quarter seclion (inc. OR: 2~dft:y~!!t~g Page 34 of 65 6. LBP agrees to accept all additional design and construction costs as a result of and caused by the meandering roadways proposed by LBP south of Ihe cross intersection of North/Sollth Livingston Road and the East/West Livingston Road for no additional road impact fee credits. 7. LBP agrees not to purslle an)' further project ehan~es that will result in dela)'s of completion, However, the parties may enter into an amendment 10 this Ag",ement addressing roadway beautification, 8. LBI' agrees to expeditc all required right-of.way lIlld clISCment conveyil/1Ccs pursUlIlll to the Amended and Restated Developer Contribution Agreement to Collicr County along the North/South alignment of Livingston Road North of the intersection of North/South Livingston Road and EastIWest Livingston Road as well as east and west of said intersection. Such right.of- way shall be conveyed concurrently, if possible, as a single group/transaction to avoid replication of administrative and 'elSaltasks and cosls. LBP shall receive road impact fee credits for all land conveylXllo Collier County in accordancc with the Amcnded and Restated Devcloper Contribution Agreement. 9. 10. In the event Collier County is unable to acquire additional right-ol:way at the southeast comer of the intersection of North/South Livingston Road lIIId Easl!West Livingglon Road. after diligently pursuing the acquisition. LBP agrees to convey all necessary additional right-of.way althe northwest comer of the intersection of t~e North/South Livingston Road and EasllWest Livingston Road, Such additional right-of-way shall be conveyed to Collier County pursuant to the tenns of the Amended and Restated Developer Contribution Agreement. It. In the event that this First Amendment to the Amended and Restated Devetoper Contribution Agreement and the Amended and Restated Developer Contribution Agreement conflict. this First Amendment shall supersede the Amended and Restated Developer Contribution Agreement. 12. The County Administrator, or his assigns. is delegated the authority to negotiate and enter into further amendments to the Amended and Restated Developer Contribution Agreement penaining to technical mailers, project detays. and the payment or costs to deSign and construct Livingston Road. OR: 2Sg~'~~fieJi~~~ pag~~ of 65 13. Paragraph 10 is amended in its emirety to read as follows; The County's commitments for Phase II of Livingston Road construction shall be identical to the County Phase I commitments including the cost of righi-or-way acquisition, costs and applications for construction plans and permitting, including the costs of mitigation and shall be completed by Decc:m~r 31, :!OOO with tho: exception that any requir"d pemlit modifications from the South Floridil Wiltcr Management Districl and the US Army Corps of Engineers for Phase II shall be secured by December 31, 1999. Upon completion of the Phase II road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase II road conslruction. 14, Paragraph II is amended by adding the following Subpilrilgrllph (C); The County shull app located within the an: Credits not utilized by I.) I Road Impact Fee Credit ' Road Impact Fee Credits i1ppli,ation by Lap. the Count road impact fee payments received 15, e ponion orlhe roadway in Lee Road. Provided thaI lhe to commence Phase slruction of Phase III \ 110 s: lb. Paragraph 22 is amended in it entirety to read as follows; No sooner than live (~) years from the dilte of this Agreement upon wrillen application made to the County by LBP. the County may. within sixty (60) days. refund to LBP monies equlillo the lhen cll/Tent road impact fee credit balance. In the allemative, the County shall continue to penn it lBP to ulilize or assign any remaining road impact fee credits and the County shall continue to apply all Road Impact Fees collected by the County pursuant to the provisions set forth in Paragraph 21. 17, The obligations of the Developer hereunder are conditions to development and are not unconditional absolute Obligations of the Developer. The panies hereto acknowledge section 190.002(s)(c), Florida Statutes. as amended. which provides that independent special districts are a legitimate alternative method available for use by the privale and public sectors. as authorized by state law, to manage and finance basic services for community development. Any Developer ~ tU OR: l6&f);JMtn A&l1~A'U '~!Jy~~, ~10 Page 36 of 65 obtiption herein may be undertaken alternatively by a community development district established by County ordinance or State rule pursuant to Chapter 190, Florida Statutes. I II, Except 115 slilled IIbove; Ihe; Ie;rms lII1d conditiuns or thl: t\ml:nlllXl lIn\! R~lllll:ll Developer Contribution Agreement remain in full force and elTecl. IN WITNESS WHEREOF. the parties have hereunto ullixed their signatures by their duly authorized represenlatives. Attest: Dated;."~.J/ DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORtDA. A POLlTtCAL SUBDIVISION OF THE STATE OF FLORIDA ~ ~;~~- ~ omlll1 h/~~ N~ . ;WITNESSES: ., , Print Name: Aub7" L. eu,......, ST ATE OF FLO~WA COUNTY OF . ~ " . '"f-fl ;, I 'I. ;:" The fOJ1going instrument was a~kl)Pwledged before me this ."-'L day of L , (J L ~, t 9911, by )"'8( It Ij.f h", U ;/11/. ".,' L- )..1 of Bonita Bay Properties. Inc., a Florida corporation, Manasing Member of LonlS Bay Panners LLC, a Florida limited liability company, on behlllf of the corporation and limited liability company . '}Ie.!::.. is personally known to me ...~ .QfOOUCM ""VC:!". \i~;Ait~. _---'-ltli identificlltion. NOTARY PUBLlC1 . Name:-"f\,('rl_t,:. /./ . '::"-/"~") " (Type ~ Pri~l) 8hlrltY M. ThompaOn My Commission Expires: .; /)/'/ ( "', F,IOA T AIWPOA T A \I.ITIGA TE\LONGBA YIAMENDMEN WP8 llta: fOil UAI. 'IOPII" lIT '" 1 1ml OPPlC. I'rcpuId by IIld Rrlllm Tu: Ill... L. Cool! w..... M.... L.anc A Minendor1', I.LP ).461 Bonitl Bay Blvd.. SUlk 221 lIonill SIlIi.p, ~1. 14 J 14 2673613 OR: 2708 PG: 14&4enda Wnlll:> 16AIJ1.l0 UCOIDID lD tbt OPPlClAL .mOlDS of COLLIII coom. fL ~i'35i ~n~o. 00 01/01/2000 It O!:OlAl DIIGBT I. BlOCI. cml ffi~E 1.00 DEVELorER CONTRIBUTION AGREEMENT AND SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT AND SECOND AMENDMENT to the Amended and Restated Developcr Contribution Agreement is made and entered into this \ day of ~JJ:0t. ,ZOOO, by anI! bclwc:cn MEDITERRA ~UTH COMMUNITY DEYELOrMENT ~!~-!@re,iinnaatler referred 10 as "District"). whose //, \\:~R CO[0 mailing address is 10300 N. W. W~, oral p' ,~J.,.13071. LONG BAV PARTNERS / C>:/ ~"\ LLC. (hereina/\er referred i as ",6~ri'~' Wh~aill~d~s 's 345 I Bonita Bar Blvd.. Suite 202. Bonita SPring( '.fr,.m. rrrmY-\ R,'lP r~'V' FLORIDA, a political subdivi.ion of the State Of~~~~~ tllr~ "), WhOK mlliling lIl1~ is \''<' \'Ie ! /......j 3301 Tamiami Trail East, N~\rlorida 34112."1't I ,/.0 \~~ ~~C/ \~i':~~0Y '-''-..,' lip C lRI. /'/ WHEREAS, Developcr and Counl~o the Amended and Reslated Developer Contribution Agreement (the "Prior DCA"), on November 101ll. 199&. which was recorded ot OR . Book 2494. Page 1704. Public Records of Collier County, Florida; and WHEREAS, Developer and County entered into a First Amendmcnt to thc Amended and Restated Developcr Contribution Agreement on November 23, 1999, which was approved by the Collier County Board of County Commissioners on Novcmbcr 23, 1999 as agcndll itcm 16 B.-II i and Agenda Item No, 16A6 May 25. 2010 OR: 2708 PG~gEnB'65 WHEREAS, the plll1ies hereto desire 10 lI\lend and clarify cenain aspects of the Prior DCA as it pertains to property now owned by District; and WHEREAS, Collier County Ordinance No. 1)1)-41. creatinll the Mediterra PUD. WilS approved by the Board ofCounly Commissioners on June 8,1999. and WHEREAS, the Mediterra PUD is described in Exhibit "A", which is attached hereto and made a part hereof (hereinafter referred 10 lIli the "proJX7ny"); lInd WHEREAS, the Mediterra South Community Development District was established on September 14. 1999 pursuant to Chapter 190, Florida Statutes. for purposes of providing certain and of land lIlong Ihe southern ed8e of the Meditcrra PUD for the conslruction of Livingcton Road lEast- West) for road righl.of.way purposes, which strip of lund is one h~ndred seventy (170') feel wid~ A/onu magi af ilS length CXCCpl for Ih; W~lym yn\l where the strip reduces to one hundred forty (140) feet wide: and WHEREAS, the project design for Livingston ROlld requires the conveyance of a one hundred (100') foot wide strip of land along the eastern edge of the Medilerra PUD for the 2 I L Agenda Item No, 16A6 May 25, 2010 OR: 2708 PG~artmof 65 construction of Livingston Road (North-South): and WHEREAS, the Developer has conveyed to the District the property shown in Exhibit" A-I", which is attached hereto and made a part hereof (hereinafter referred to as the "District Property"); and WHEREAS, the above referenced 170' wide strip of land together with the 100' wide strip ofland constitute the District Property, as defined herein; and WHEREAS. the District is desirous of conveying the District Property for the construction of Livingston Road in return for road impact fee credits in an amount equal to the market value of the right-of-way being conveyed; ~/\'1€R C?j0';\'t:: / :'J '\., /:---- <,,", A'"~ /,,-,,\...-,,,/ ,..f' " '\ WHEREAS. pursUjO ~grap~! and ~v~Ofth~O~CA' the District, as succeS$Or to the Developer. is entitled Ii,,' +' im ~ n ilf" '''''''IF'r orllcol COllV"..... '0< c;....."...." '" ""~' ,,~~, ) k;! WHEREAS, County ~~~mpact Fee Ordin~ No! nr~j As amended, requires that the '< .-c , " 1~ ! /0! vallie of the District Property sh~~~ed upon an appr~, . I.~( M;hir market value; and ".Jh / <' / ", r' r' "----:-- .,\..) , / WHEREAS, the County has ?im~& (ait~ value of the District Property to be appraised; and WHEREAS, the District accepts the appraised value of the District Property: and WHEREAS. the parties to this Agreement acknowledge that the valueonhe District Propcny is ~ U~2.900. as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction: and WHEREAS, the panies to this Agreement acknowledge that the Road Impact Fee Credits referenced in this Agreement are consistent with those referenced in the Prior DCA, and shall be 3 Agenda Item No. 16A6 OR' 270B Pll1flYfl,lJ!Il10 . ~ageJ4tJCbt 65 reduced by the amount ofthe Road Impact Fcc due for ellch building permit issued to District or its assignee, until all such Credits have been exhausted; and WHEREAS, the parties to this Agreement acknowledge that Road Impact Fcc Credits shull be a credit only against ROlla Impact fee$, and that such Credits shall not offset. diminish or reduct) any other charges. fees or other impact fees for which the District or Developer is responsible in connection with thc devclopmcnt ofthc Properly: and WHEREAS, the parties to this Agreement acknowledge that the failure of this Agreement to address any Ilennit condition. Icnn or restriction shall not n:licvc any part)', or their successors. of the necessity of complying with an'y~~r regulation governing said pcrmining zjs \.~;:..-----'" i\; j,'" requirements, conditions, te €~trictions; and '" )~'.\ WHEREAS. the Di ri~,iasJfgreoQ 10 na req~ ~ility EilScment, which is more particularly described and~~ ~ xet ~~IO ~d milac iI plll'l hereof; IUld \n~ I~I WHEREAS. the p~~ 0 lhlS Agreement ac owl ge ~J.e burdcns and benefits of this \~;:;\ i~ I / :.:.)! Agreement shall be binding ~ ~ shall inure to 'J}~'&I.JC,I:Jfe.S, 8" in interest to the parties to this vp~A'''?' Agreement: and "--.J'~o/ WH!;REAS. the parties to this Agreement acknowledge that this i\grct;ment is \lot to be lilm5\n1ed as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable consideration exchanged between lhe panics. tile receipt lI/ld sufficiency of which is mutually acknowledged. and in consideration ofth~ covenants contained h<:rein, the parties agree as follows. 4 Agenda Item No. 16A6 OR: 2708 ~Ve fd~~ I. Thc abovc recitals are truc and correct. and are herewith incorporated as a part of this Agreement. 2. Distnct shall provide County with either (i) an anomey's opinion or (ii) lill~ insurance commitment and policy al District's cost, as 10 the record title holder Oflhe Di5tri~t Properly, which opinion shall also identify any lienholders having any lien or encumbrance affecting the portion of the District Property, 3. The District shall convey to the County, via Warnutly Deed, ilml free oflllllicns and cncumbrances, the District Property, more particularly described in Exhibit" A.I" 4, and the Utility Ease~~~~scribed in Exhibit "B". Said Warr.rnty <:\~:>---k4' " Deed and Ut,l1iliyt ~~en~:hall be deh~(b,~~e County by the District within thirty (30) diYs t)fth~ ' menl, \ \ In eX~hang/ f,.O~I~f1~~\~th \ i ,tls,~ab be entitled to a Road Impact ~,-; \ \.....1 U, i ,-I Fee Credit ir\~" ~ iUilt no ex - ,N,E if~!j TWO HUNDRED THIRTY- };:~n k , ;.;::) TWO THOU~~INE HUNDR~(r'OO) DOLLARS. This credit h 1 '1 bl' ./L'~' ~,<;"\ /. f h' b h s a I be aval a e'4tfl" .,.e; 'eKecullon 0 t IS Agreement y t e ~V/' Chainnan of the Board of County Commissioners of Collier County, Florida and recordation ofthe Warranty Deed described in Paragraph J. The Di~trict may assign all or any portion of thc credit to the other properties described in Exhibit A until completion of Livingston Road to Bonita Beach Road in Lee County and thcreafter to other properties within Road District No. '1 whether the property is owned by the District or other property owner{s). Agenda Item No. 16A6 OR: 2708 PGra~~~~ s. Upon receipt of said Warranty Deed, County shall rccord same in the public records of Collier County, Florida, and will assume the costs associated with recordation. 6. Effective upon recordation of the Warranty Deed described in Paragraph 3, until development of the Property is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the District, the Developer, or any builder i~ required to pay for each building permit which is applied for on the Property or within Road Impacl Fee District I, reducing the balance of the Road 8. 7, column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the person applying for the building permit shall print and sign their names, 9. Upon written application made unto the County by the District, and no soom:r than November 10.2003, County shall. within sixty (60) days. refund to the District the Impact Fee Credit Balance. Said written application shall include a certification 6 Agenda Item No. 16A6 Ma~ i)i.;OlO OR: 2709 p~agflJ9llPf 65 made by the District that all development subjecllo Ihc payment of ROl&lllmpllct Fees has been completed on the Property. The refund by County shall be disbursed as agreed between the District and County based upon Ihe liquidity of Road Impact Fee Districl J account and provided it docs notadvcrsely affect the cash flow ofsaid Road Impact Fee District account. provided. however, notwithstanding the foregoing, the refund shall be paid 10 District no latcr than live years from the date District's application. consistent with the Prior DCA. 10. The Prior DCA is hereby amended to allow road impact fee credits related 10 construction costs for/~~~~tio, n costs incurred by District as are /", v ---.--------.,~i~ dcscribed in sect/o~e. (Ii,' 12 and 13 ofthe~~'l\CA as limited hy Section 23 of I r--'--, \ \ / '~-',f' '\ Ihe Prior DCjPl. 0nl~~~!t: ~ \ Paragraph 2 i ';." f~e fri~,\Dr~ is)he~+r~a eMed)t~ ~ad: \'j\~'~ II') The fj~ of this Agreem V'ksha11 ~~ ~fdinl! upon, and the bcnCIiIS<~~, ^8f;;mlint shali1\1t~~~ltr"'\~ccessors in interest to '\ ......~. H thM/~ Lkl:h. h' h h LBP and lh",!?~.?::;--oweve~~ \.~}O t IS paragrdp IS t at I e Agreement will'be~!~1ierson or entity who purchases from LBP wilh Ihe intent ofassuminl$ LBP's role as the "developer" of the propcny dcscribed in Exhibit "A" to the Agreement. as such tenn is defined in section 617.301(5). Fla Stat., and nOI individuals, builders, or sub'developers who purchase lots or development parcels within the propeny describcd in Exhibit "A". provided the lots or development parcels are not part of the right-of. way obligated to be conveyed by LBP 10 County under this Agreement. It. 7 Agenda Item No. 16A6 OR: 2708 ~:efAD~~ 12. County shall record this Agreement in the public records of Collier County. Florida. within 14 days of its execution by the ChllinnWl I>f the Bow of County Commissioners. 1'. Any party to this A~reemenl may file an acllon for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement. said remedy being cumulative with any Wld all other remedies available to the parties for enfl>rcemenll>f the Agreemenl. 14. This Agreement may be amended or cWlcelcd only by the mutual consent of the parties to the A&zeme ~~~rs in interest. .' :\"~[J.V~~ . 15. This wntten ^l9: ?; mcllldm~ all exhibi(jtJ hed herelo, IS supplemental 10 the Prior DCA, ~~{h~-t 0 iets ~~ thiS Agreement and the Prior DCA. this i~ nt alent I. W~\, J IN WITNI1SS WH\~,' ~ e p le~ here cO h~thelr signatures by their duly authorized representatives 1'1' ~ 1;~~/ (1 AS TO COUNTY 'Z!2.f,' ~-:\ \'\;/ "'~5>/ ATTEST: BOARD OF COU MISSIONERS (,OLLIE NTV.li'lORJDA ~rl~ ,Deputy Clerk By: DWIGHT E. BROCK, CLERK PAt', Y-?..... ,~ lttIIt II to CIII'''', .1 t QlIlt.... on 11. 5 OR 2{ij'l.e,(lda ItemIt~A6 : (V~ pfttay 10 Y>1.g 65 WITNESSES: By: AS TO DISTRICT; '1!L . p~ -( lpature) J.; 1/;'1 n p", ')'Hl (Print Full Name) ~r:,.:JaltiA( (Sipature) ):{;'6..rl,-( c:;,~,.Ht>N (Print Full Name) /--;:\'SR cot,!G /'1 \-- ~::;.-------:, " v f " ,/'(~>// '----"-, j;~ STATE OF FLORIDA / ,?r-~,"\ \ COUNTY OF ~--f~/lIJ-~LF===\ \ \ The foregoing Develo, ~: utQA~; I ut1 before me this ...l-L. day of u...L,... . 2000 l?rJ i ~Ii ,hai \ n" I of Supervisors. Mediterra JComm,,"IY D"'~ D,"'" on" ...', .....wl. lmo_ by ~ or has produced \ ~f \ as pl'OQA~ idl:nt;{~) Affix notarial seal \d-\, '1 ~ n , r', / ' ,~ "" )",>', '< ~~llC~iJbliC (Signll~) ----' UI.AI1 VtIA,an ULUAN PACAN ~.uv~II'ATI~1UDll lXIIBIlN !ll~ llQMNIlIlIlQN lOO'. HPT Prinl NllI1lc ofNolary Publlc 9 OR: tro~atr/t4~8 Page 46 of 65 AS TO DEVELOPER: LONG BAY PARTNERS LLC By: BOt'lIT A BAY PROPERTIES, INC. 115; MANAOINO MeMBER By: ~~~~tt tDtrlt Susan Hebel Wails Vice President WITNESSES: . ') (~~ f~ ( Ignature) L'II,'an P~a.Y1 (Print Full Name) ~~ (Signature) j:;;"h ~d(./b-~+t()N (Print Full Name) (CORPORATE SEAL) -- /<\bR COU"'-- ~)b;:------, }Vp"" STATE OffLORlD/\ / C> "V'" COUNTY OF L.ee.! \ \ 10' \ xecutcd before me this ~ day of ,2 . ts Vitte President of Banita Bay propertics,lnc., anagin M~&!\ r " L C,' I halfoflhecompany. She is ~nallv 1rM'~ by me o"r. produced , "as proof of identity. Affix no\llrial 5cal <~., '. It), ~I ~/A2 ,\1' 1)f~ ~/!t ~~ '\.9P~~~jtlliC ( gnaturc) 1-=F:ilF:-1 ""',Z'!L~~~':i:irI'ln ~on . ....~~_, Print Name of Olary Public Approv~ IIllIO fonn and Ir::;;~, David Weigel ~ County Attorney 10 OR: 2'~~d~~:t1~!!~ A PARCEL OF LAND LOCATED IN SECTIONS t t, 12 & t3 TOWNSHIPS SOUTH.. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 SECTION 12, TOWNSHIP 48 SOUTH. RANGE 2~ EAST, COLLIER COUNTV, t:'LORIDA, THENCE R.UN N. 00'52'07" W. ALONG THE EAST LINE OF SAlD SOU'I'HWEST 1/4 SECTION 12. FOR A DISTANCE OF 2631. 7S FEET TO THE CENTER OF SAID SECTION 12; THENCE CONTINUE N. OO'S~'07" W. ALONG Tm: I;:AST LINh OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. FOR A DISTANCE OF 1316.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF nm NORTIiWEST 1/4 OF SAID SECTION 12, THENCE RUNS S. g~'S4'06" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST. 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE Of 862.28 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN N. 00'50'22" W. ALONG TIiE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTIlWEST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 638.71 FEET TO THE NORTHWEST CORNER OJ:' THE SOUTHEAST 1/4 O~THEAST 1/4 OF THE NORTHWEST 1/4 Of SAID SECTION 12; THEN9'R.~Z~~ONG THE NORTH LINE OF THE SOUTHEAST 1/4 Of THE NoR~ST 1/4 OF ~~RTHWEST 1/4 OF THE SAID SECTION IZ. fOR A DIS~~Of 6(j1.9~ fl;I;T TOH~~~RTHEAST CORNER OF THE SOUTHEAST 1/4 O'YTH,E ~f TH r-:.<:rTHWEST 1/4 OF THE SAID SECTION] 2; THENCE~ 'ior'W!'AiONG 'uHE E STILINE Of THE NORTHWEST 1/4 OF SSE 9F 658.39 FEET TO THE NORTHEAST CORNER 0 ,4 S CTION 12; THENCE RUN S. 85'57'20" W, ALONG HE' ST 1/4 OF SAID SECTION I Z, fOR A DIST Al'ICl; O~., 6.45 fEET TO TIi'~tlO~Tl-ri?ST CORNER OF THE NORTHWEST 1/4 OF S., "ION,lZ,; TIreNOO'\...f}", '~\St:OO'4~'07" E, ALONG THE WEST LINE OF THE NOR, 1/4 OF SAID S~/ -1St{ 12, fOR A DISTANCE Of 131l),36 FEET TO THE NORT '1f'-QR.NER..Bf~ ,sOUTHEAST 1/4 OfTHE NORTHEAST 1/4 OF SI;:CTION 1't.~~ ' UTH, RANGE 25 EAST: THENCE RUN S. 83'54'42" W. ALONG THE NOR:THi:'INE OF TH SOUTHEAST 1/4 OF THE NORTHEAST 1/4 Of SAID SECTION II. fOR A DISTANCE 1325.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 Of THE NORTHEAST 1/4 OF SAID SECTION II; THENCE RUN S. 00'45'23" E. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11. FOR A DISTANCE OF 1320.39 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION II; THENCE RUN 00'45'04" E. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST t/4 OF SAID SECTION 11. FOR A DISTANCE OF 1321.73 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION II; THENCE RUNS J2'4(j')7" W. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 1325.33 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION Il;THENCE RUNS S. 00'45'39" E. ALONG THE WEST LINE Of THE SOUTHWEST 1/4 Of THE SOUTHEAST 1/..1 OF SAID SECTION 11. FOR A DISTANCE OF 1323.80 FEET TO THE SOUTHWEST E';>r ,4 / of'> ~ Agenda Item No. 16A6 OR: 2708 ~e2~~ CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION II: THENCE RUN N. 83'41'15" E. ALONG THf SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 2650.25 FEET TO THE NORTHWEST CORNER OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 25 EASTj TW;NCe RUN S, 00'4)'2B" E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 82'38'13" E. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 FOR. A DISTANCE OF 664.12 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 Of THJ;; NORTHwellT 1/4 Of TW; NORTHweST 1/4 Of SAID SECTION IJ; THENCE RUN N. 00'41'49" W. ALONG THJ; J;AST LINE Of THE NORTHWEST 1/4 Of THE NORTHWEST 1/4 OF THE NOKTIiwt:iT 114 Of SAID SECTION) 1 FOR A DISTANCE OF 67S.07 FEET TO THE NORTHEAST CORNJiR OF THE NORTH'WEH 1/4 OF THJ:: NOR.TJ.lwt!lT l/J OI:' TI-I~ NORTHWEST 1/4 OF SAID ShCTION I~; nmNCE RUN N. 33'4t'OO"E. ALONG THE SOUTH LINE OF THE SOUTHWEST t/4 OF SE~IQl'Il., TOWN~tllf 'lJ ~OUTI1, MNCif 25 EAST, fOR A DIST /\NCE O~~T TO THE POINT OF BEGINNING. ;./ lblZ LOU " , ."-. AND THE SOUTHEAST 1/4 0 'UTHWES S SOUTH 30 FEET AND SOUTHEAST 1/4 OF THh N ~ ST 1/4 AND SOU ~ST 1/4 OF THE NORTHEAST 1/4 AND NO T 1f4 OUT A 1/4 AND NORTHEAST 1/4 Of THf SOUTliWfSli 114 N' T 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 114 F G', S Sf1U ,H, RANGE 25 EAST,ECOLLIER COUNTY, FLO c ) n ,- ~ ~... i ~ \,-'('\ Ji ! / ;:;; '~+ ~i~ Ie?/ ~ 0'" ~~-;; ~ 'l> ~----:;C'-0\>/ "-.,< f{ F rlR ~/ ~-=-~ ct<. rl ;;.. or ~ "~'~t.I~; , ~II .l~iJ If;. 'lID Jvnf._, tt;, "w; , ditll "r;f;', J~\. :.if.~' " ,'"r'.' ''Hi>,' 1 -~ - ,'1~I' : '1:~' '~~,~;,i,:!:,: ' ,'../.... ' i~,,'t\J.'t. .: :! ,;f,..,1 " r;.t;.'~>~ i," "~!':I;!7;,i:. . '':'1',;' ::,%';,;; '''~'Ii'It+ "",1." ':': ,~': , \.\ , j , Age~d . " 1-;. Item 't.\I@,'16A6 May 2S~',4010 Pa9.el'\fj~f 65 , i'l't.""I, r~t ~ ~'l I, I ,~"(~ t' ~ .,'..1.. '''''f :iF;. C)(HldIT ,4- / fJAli:- /.,r ~ HM~ P,IS.rvingllndtMlnC'lngFIOfIdl'J.....ofllltsnn IIN HMA PROJECT "98S03,.A.l0, 6/3199 REf, DWG IB.2683 HOL!!!:. MONTEe' AIIOCIATI!9, INC. ENGINEERS f'lANNEnS SunVFvonS mRGEL 1,05A. T REVISED ~ :!: A PAf~GEL OF LAND LOCATEO IN PORTIONS OF SEG1IQNS 11 ANU 12, TOVVNStllP 46 Sounl, RANGE 2~ EAST, COLLIER COUNTY, fLORIDA. BEING MORE PARIICULARL Y DESCRIBED AS fOLLOWS liE.Qlli AT mE SOUTHEAST CORNE,R,or_~~Il~oUARTER or SECTION 12. TOWNSHIP ~B SOUTIl. RANGE 25 EAST. COLLIER r~J\\I;'~~;Qit.A.'i:!CE RUN S 8B'~I'OOW, ALONG TIlE SOUTII LINE OF THE soumWEST QUARM\)f~ID SECT1t1N1t.J~ A DISTANCE OF 265774 FEET TO TIlE SOUTHWEST CORNER OF SAI~Cjt6N 12, THENCE R~' ~,\1'15-W. ALONG THE sounlllNE OF,TllE SOUTliEAST QUARTER OF SeCTI NS~IIP ~8 SOUT RAl;lGE 25 EAST. FOR A DISTANCE OF 2650.25 FEET TO THE SOUTHWE ER UTHE 5T qUARTER OF SAID SECTION 1 " THENCE RUN N,OO-45'39"W.{Al ' G THE HE OF THE sdvTHl::AST QUARTER OF SAID SECTION 11. FOR A DISTANCE OF 200,OliFE iEF\LY OF. AS MEASURED AT RIGIIT ANGLES TO. T1iE SOUTI-lllNE HE ~O 0 SAiD SECTION 11: THENCE RUN N BB'~l'IS'E. PARALLEL wlrJ.l, j I S U H ~~'OUARTER OF SAID SECTION 1" FOR A DISTANCe OF 2850.32 FeEP IN T l SOUTHEAST QUARTER OF SAID SECTION 11: THENCE JlUNIl,~.,l'OO"E, PARALLEL }~T~E,!:J H LINE OF THE SOUTHWEST QUARTER OF SAID SECTlON~R A DISTANCE 0 ,~6 :THENCE RUN N.42'OO'53"E FOR A DISTANCE OF 49 21 FEET: TH 'RUN N Q4'41'21"E, 0 - . NCE OF 2980 FEET; THENCE RUN N,00"52'45"E, FOR A DISTANCE l\1 FEET: THENCj;..fj1!R ~1"0nn, FOR A OISTANCE OF 50 ~9 FEET. THENCE RUN N,OO"~2'40'E, rot\'1l H;!r.:B~;)~fEET TO A POINT 100,00 FEET VVESTERL Y OF. AS MEASURED AT RIGHT ANGLE :ri\i'iftXSR\NE1JF THE SOUn1WE~T QUARTER OF ~AID SECTION 12, THENCE RUN N.OO"S2'OrW ~H TilE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 165.10 FEET, THENCE RUN S 8g.0rS3"W FOR A DISTANCE OF 12,00 FEET, THENCE RUN N,OO'oz'orw, FOR A DISTANCE OF .6.,05 fEET; T1iENCE RUN N 12'39'22"E FOR A DISTANCE OF 51.31 FEET TO A POINT 10000 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12: THr=NCE RUN N OO'52'07"W FOR A DISTANCE OF 1223,OB FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE RUN N 8B'5~'06'E. ALONG TIlE NORTH LINE OF THE SOUTtlEAST QUARTER OF THE NORH1WEST QUARTER OF SAID SECTION 12, FOR ^ DISTANCE OF 100,00 FEET TO A POINT ON THE EAST LINE OF fltE WEST HALF OF SAID SECTION 12, T1fENCE RUN SOO'52'07'E, ALONG Tt1E EAoT liNE OF TI1E WEST liAlF OF SAID SECTION 12, FO" ^ DISTANCE OF 3948.51 rEEl TO T1iE POINT OF BEGINNIf:!Q. CONTAINING 33.113 ACRES, MORE OR lESS. ~ ~ ..... .... "'" o TIiIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR m:::STRIClIONS OF RECORD BEARINGS REFER TO THE SOUTH LINE or THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOUTH. RANGE 25 EAST, AS BEING S BB'~ ,'OO"W HOLE. MONTES & ASSOCIATES, INC CERTIfiCATE OF AUTHORIZATION l8 #1772 B;-~.J~ TIIO AS J GARRIS P l fj ". J1~1' ~T^TE or HOHIU~ " ,-i" .... ' il I~ ~2 r~ OR: 2709 P(}iglJ.~ Item No, 16A6 If' X. A - I May 25, 2010 Page 50 of 65 ~ oF" f! ~- z 1~; ~ ~~b;G~(;t;!:i ~I :~. ~i~~~;\ --i'~; · . · {~-DlP\Y\ \ j ! i Yf'J~O\ {) ~ \ ' · .,t~\W~~! )E) \ i . .pL"'~ /,-0/ I I~ \T~._ %\..-';: i" ~)p........_[i--:::"\\,"/ I : "-J'Il F ('11<- L:>Y " v ---~~ " i . . I ft . . I ~ I "J! I ~11Il "' ~ I~ 1111 l!i!lillllmli~!i!illlillll~I!I'U~, IJH :1 '. I p13. ~.. ~"il'.1,131 II 1.8.. . .1. , i I; i ji!I!!i!!iiii~lill ill ~iil iii i I" ;11' !!mllilie:i!iI!l !!i!I;!i~! !'I' .., il d..ed;."I~~gll"~ s lilli' ,Ii.. ; .11 ! RP.~~~~.,~~ Ii !i'~ ' i.1 !il;!.I~;' "!Uii1r;r'i!il:!;II!;i Ii . .' I! · I '. .. .. OR: 2708 p~perr,g~~y ~~. i g Page 51 of 5 c,l(HlltlT /'1-/ 3 ...F j' ,,'., '.., L.' ',:a,~!tJl.... ;;"" i., ,;"' ., .;ok HM~ "'.sllVinUllldtnhn:tnQFIotIdl'lQUlMyollllf'JJnce ,M HOlI. MONftl" .ISOClATU.INC ENllINfEns f"t..UMEnll sunvBon~ filM PROJECT I\905031.A.l01 6.4,99 REF DWG '0.2664 PARCEL 105,8.T REVISED A PARCEL OF LAND LOCATED IN mE NDRHlWEST QUARTER OF SECTION 12. TOWNSHIP 48 SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULAnl Y DESCRUU,D AS FOllOWS HOLE. MONTES & ASSOCIATES, INC ' ,.." " CERTIFICATE OF AUTHORIZATION LB '1712 BV'=- /(/JIu.....J.(J , PLS '3741 THO~A(f GARRIS STATE OF FLORIDA "'" "'.I,I'd .1 IOMO".flHAtlIYSINII 1IONl1A.llI"AlNOs_nOfIIOAj~I)5 O.I'''D''~ rAll"'l"~7117 OR: 2709 PG:A1A99Ja Item No 1 6 May 25, 10 Page 52 65 / c~ ~- I '( of" UI i . ~ ~- z w, llN( N.t 1/4. N,r. 1/4. NW 'I. Ke:. u-..-u :r: o ~I~ ~I ~. ~i: · I' ~ z ;1 ~ ~ I ~ ~ I..:. ,~ . 11111 . Iii... ~ El ! JA ill ;= Illl~i;il:I;5Ii! iti ~ ! ~ = ~i'! i! ! liM~llil';I!I;i iii ~ ~ ~ i!i ~ il I g~.dil;lll.bE lift R U r;j wi! ~i ~ 1~IEaill~1l1911I.il ~~! ~ ~ ~ . ~,~~ I E 1~~5 !lIilll!ill a~X ~ i:;: ': ";..;.,.,.. ~I Alii 1111I'.~; :ff;'~JII ! *1111 b!;i11i ~::.i~ ,i '~'.~>:JI; II p li'd1l81!1l111'11 jll '. i. a,.,:... I II i~!..IlU III ft ", ~ ",I'! . '-." .tit .. ~.II II " ::' ;~lilil;"'.;:>i, 1I !111111!llllli III I g. ~ II i ....-L... UIC . '1." .c. ..-...... .~--I ------ i J;; ~I i i .. C) S I I ~ ; . t I I~C ~.r1 j N 'aill. ~ ! i 1 __' 'I: ..1 1. ";1 :; i *11 l"l tt II! I'" , , ! ! ! ~ , , i I -I" 1 ~-r------:::C~RLO- ;-:'-::,- ---", ~I j j /:o;:~>._---J;!,/~:!)), ; n; . 1 !~/~~~~~\i "! i !.nk~~ II !'-.) i ! 11\ s:\ . --I--j,~1 ..--1 ,~ I." \ .,ik i 1,7 I . ,/..j~ ./~l'l(! ,...., i I t \'04 ""-l/',~...... . j 1 \,f~ ;~yL . i i '...0 h~ ~ /,\"' > " ',P l' -----C\.i ; ! i'~llE Cl~>/ I :~i -'-- lo: , . II ~ I -::~iu~ c - :-";:;'-;:~-~~-r.-~,~:~i~o"":.l. . ill-? I "' . ~~~ OR: 2708 ~e1~&.em No. 16A6 May 25. 2010 Page 53 of 65 ~- Z ~. Cl - ~ I :z: 8 .: w n . ~ I , I " , ! i "-: I , ~ Ii Iii Ii 1!!!!!!!!il~!;!;!!!!!!!il~!!!~li! !!i i ~. !~! qm i~=~~!!~!;q~gl&~C!:~I~:qi~!lj~i I.~: i I II ;1. i~ aa~~~~~i~SIII,lii~i~~~jll~~ !II I~ ~ lie ~ ~~ililllll~q~i~:lllllii~I~llr' ;J~ . ~ ~I! i Blr"""'I;I~I!'!'!";Ii!'iji! ~jl ~. il i IIIJjJjjJ!II;li!I!!ilii:I!!iill~; ~~ ~ I iliiliii l~i~~Iiillii,iql~.g , f~ =; i ........aI5~E:.......i~..~~=i i OR: 2709 ~erm~~y ~~, 1~1~ Page 54 of 65 I!XUIDIT 'C" DEVELOPER'S ROAD IMPACT FEE CIIEIlI1' LEIlU~:11 llIf2IlIMlI: Thll ROld IIPlct Fee Cr.dit Ledle.' i. Intended to doculent the blllnce or Rood Ilpoct F.. Credltl IPplyln, ONLY to the rollnwin, properly: (See,;). page attachment) roll U'bAL D"t,IRIPnON BEGINNING BALANCE , . . .1, 23~_/9.(JD [J COV"tY Orrll.:u.L Dnu.Uf'rIl IlIrU:jEtlUTI\t. C8.CNA'rU... . . ,,------ . ~~\f,R C {i~ /< 07 "''! j~,\ -- . I'~ '\ \ / \ ( ~/'), v \ \ \ . ~/ n "\ T )\ \/1 \ \ in ~\WJ ~ I /._1 -- . \r- /~/ '~ Ir~ ~1'C /0/ , /~'/ ,<'1'- e,:/, . : HE C\ :;07 , I , , , , . . . . . I 0/.1 OR: l10rap~~y 1~~~8 Page 55 of 65 A PARCEL OF LAND LOCATED IN SECTIONS 11, 12 & 13 TOWNSHIPS SOUTH.' RANGE 2S EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT TE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 SECTION 12, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, fLORIDA, THENCE RUN N, 00"2'07" w, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 SECTION 12. FORA DISTANCE OF 2Cl31,75 FEET TO THE CENTER OF SAID SECTION 12; THENCE CONTINUE N. 00'52'07" W, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. FOR A DISTANCE Of 1316,77 fEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. THENCE RUNS S. 83'54'06" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST. 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. fOR A DISTANCE Of 862.23 fEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN N. 00'50'22" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 638.71 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4, AST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENC~, ~~'QNG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NO T 1/4 OF THEN<{RJi'JtWEST 1/4 OF THE SAID SECTION 12. FOR A DIS~NC , fEET TO TWe N~RTHEAST CORNER OF THE SOUTHEAST 1/4 OF HE ,fA THE R~WEST 1/4 OF THE SAID SECTION 12; THENCE R ' " L E OF THE NORTHWEST 1/4 OF SAI S Ia 1. !\. 0 ,658.39 FEET TO THE NORTHEAST CORNER ~;.:r: :r 4 OF ID, ION l:!: THENCE RUN S. 85'57'20" W. ALONG T '0 L~ N . T 1/4 OF SAID SECTION Il, fOR /\ DISTANCE Of 'IS fEE"T"TO "THE RT ~.... CORNER OF THE NORTHWEST 114 OF SAID ' ON 12; THENCE1~, 1~4:i'07" E, ALONG THE WEST LINE OF THE NORTH ~ 4 OF SAID SE j2, FOR A DISTANCE Of 1319.36 FEET TO THE NORTH ,l\.E . 'UTHEAST 1/4 OfTHE NORTHEAST 1/4 OF SECTION 11. lmU'); SOOTH, RANGE 25 EAST; THfNCE IUJW S. a1'~4j4~" W. ALONG THr NOR.'rU LM OF TU ~OUTUJ;:A~T 114 OF TH~ NORTHEAST 1/4 OF SAID SECTION 11. FOR A DlElT ANCE 1325.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION II; THENCE RUN S. 00'45'23" E. ALONG THE WEST LINE OF TUE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11. FOR A DISTANCE OF 1320.39 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN 00'45'04" E. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 1321.73 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE RUNS 32'46'37. W. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11. FOR A DISTANCE OF 1 :m.33 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 11 ;THENCE RUNS S. 00'45'39" E. ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 1323.80 FEET TO THE SOUTHWEST FY. C .J.. OF..J . _ *** OR: 276!e~:I~", 1tt~ Page 56 of 65 CORNER OF THE SOUTREAST 1/4 OF SAID SECTION II; THENCE RUN N. &3'41'15" E. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1 I, FOR A DISTANCE OF 2650,25 FEET TO THE NORTHWEST CORNER OF SECTION 13. TOWNSHIP 48 SOUTH. RANGE 25 EAST; THENCE RUN S. 00'43'28" E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 Of SAID SECTION 13. FOR A DISTANCE OF 67S.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAlD SECTION 13; THENCE RUN N. 82'38'13" E. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAlD SECTION 13. FOR A DISTANCE OF 664.12 FEET TO THE SOUTHEAST CORNER Of THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAlD SECTION 13; THENCE RUN N. ()()'41'49" W. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 675.07 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 33'4I'OO"E. ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 43 SOUTH, RANGE 25 EAST, FOR A DIST ANC~~! TO THE POINT OF BEGINNING. ;\)v Ol\;~", , AND THE SOUTHEAST 1/4 " SOUTHWEST 1'14:(!JESiS SOUTH 30 FEET AND SOUTHEAST 1/4 OF TH~OR ~ 1/4 AND SOU'NiWltST 1/4 OF THE NORTHEAST 1/4 AND N RT W /4 OUTHEASr 1/4 AND NORTHEAST \ \ 1/4 OF THE SOUTHWES 11 ST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4, OF E T NIl ~~~H' RANGE 25 EAST, COLLIER COUNTY, FL~., -1.~ d l..l If-., i - J '~1 \.< \ j., ~\ \ /(0; "O>-____~~/:1 ~~c;~S'\;/ EX. c 3 of .3 UVVVL~llt ~ULt~AN raX:l~~-4~5-121~ Jan II lUU~ IU: IdAgenda It'eh\' No. 16A6 May 25. 2010 Page 57 of 65 16B6 THIRD AMENDMENT TO TIlE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT, tHIs TIIIRD .AMENDMENT TO THE .AMENDED AND RESTATED DEVELOPER CO~unON AGREHMENT is made and entered imo this ~y of ~n.bru- . 2002, b~ and between Laos BayPartners, LLC (he.rcinaftarrefemd to as Developer), whose mailing adlkess ~ 9990 CoconutRoad, Suite 200, Bonita SpriDga, PL 34135 and Collier County, Florida, a political subdivision of the State ofFIorlda, (hercinafteucfmed 10 lIS CoIIJ1ty)whose Ilddmisis 3301 EastT~ami Tr1liI. Naples, FL34112. RECITALS ; i WH:BREAs, the Developer md. CoUlrty ent,cnd. into the Au1anded and Rest8!rJd Developer Contribhti.onAsreement(DCA) on NOVClll:lber 10, 1998, wbicl1 wasn:corded at ORBook2494,Page 1704, of the Public Records ofCoDier Co1lIllY. Florida; and. WaEREAs, the Developer and County entrlI:ed into the FiIst AmendmCDt to the Amci1ded and Restated Developer ContxibulionAgreement on Novmnber 23, 1999. which was ~ at OR Book 2~90, Page 1969, oflhe Public Records of Collier County, Florida; and . }vmnu;As, the Devetopcr and CountyCl1tcred into theDevcJoper CotttributionAgreanent and Sec;ond Amendment 10 the A.m<mded and Rllat8red Developer Canbibution ~ on August', 2000, Which was recorded in OR Book 2708, Page 1484. oftbo Public Records of Collier County,' Florida; and ~. thepanies dcsireto amcod the PCA as amended to c1arltYthe lep1 d~tiDn of the Pi:oJ?crty to be benefited by th.. prior DCA Bll amended. WITNEB8ETH NOW, TIIERBFO~ in considetat:lon ofTci1 Dollers ($10.00) and othergoodan4 valuable considefation exchanglld. between tbe parti.es. the receipt and suflicleooy of which is mUtually aclmPVf~edged, and InCOllli.dcnlion of the coveoams oon.tainod~ 1heparties agree as follows: 1. Tho above recitals ll1'e tnlc and oonwt, and m:o hm'ewilh iDcoxpondecl as part of this Agreonient. 2. Exhibit A a ttaclled to the Amaodcd and Restated DCA is Iweby amended and repw.ea by the Amended Bxhibit A llttac.hed !ul.teto and incor;porated herein. The tlll'm Property as used In !he prior DCA as amended, sbaIl J1QOI xefet to the property d<scribed in Amended. Exhibit A. ~. The parties ac:i:nowlcdge !bat it was the intent of the parties tha1 tho road impact fee ctedits kmnted to the Dovolopwpumwmt t.o the DCA 8S amended""" be utilized fOn....i.dMlisl UAeS. gulf coQrses, :retail uses, office mea, industrW USOll and 8llY o1hcr uses fur which road lmpBCl fees must bel paid. delll ~~ ~UU~ ,U. 'Agenda It~muNo. 16A6 May 25. 2010 Page 58 of 65 4. Elccqlt as stated above, tIw tClmlll and conditions of the DCA as lIl:WIDded 1llII1ain in full fonio and effect. 16B6 . iN WITNESS WHEREOF, the partiQl have heremJtu a:ffu:ed their signatures bythcir duly lIUl:bori.icd rep.r:csmltatives. . . .,'In:~,.., . ~t'~' ''',:'~'' n..+..A. L ....;'.oi.:.-: <::, ""~~' . \.,J. DV!]mrtE: ~Clk =-~~ sf BBthDd logal suftic:ic!Jcy; ~ v..u....J.'e.~ . C ty Attomcy , DEVELOPER: WITNEsSES: i BOARD OF COUNIY CQMMISSlONERS FOR COlLIER.' COUNTY, FLORIDA, A roLmCAL =DM&~~~RIDA . r~. CoJotl3. Olaimum ~02.. LONG BAY PARTNERS, LLC By; Bonita Bay Proporties, Ine. Its: M8l18&iag Membm' By; ~'M.... {ILJII' I..JL ~ Vice President /JJ. : 1. J. Print~~::/I!i~~~o- PriDt~~fL~~o.~ STA'IB OF FLORIDA coUNtY OF ~ foregoing insb:umCllll WIllI acknowlod.gcd bcfurc me this -4 day of DIla.Ju. 2002, by sUSlin Hcbc1 Watts, Vice Pnlaident of Bonita Bay ~es, Jnc7 ManagjJIg Member of Long Elay Pai1ncrs, LLC, 011 bcba1f of the company.' Sbtl JL is petllOl1lll1y known to me or _ ba$ procI.ucC.d driftt's DOtlllllC no. . as identification. NotaI:ypnb~LLi<)ti1U Print Name ofNotaxy Public Thuyv! Ge.ta$ ..Ji:H1 iLL. .L.UU.:J I U; I Agenda It~m uNo. 16A6 May 25.2010 Page 59 of 65 WI_Miller --""""IlrIlrI&~ 1696 AMeNDEb EXHU1T A Oescdptlon of South coo - Medlterra, being a part of SectIons 11 and 12, Township 48 South, Range 25 East. Collier County, Florid.. All ~ part of SeoIiOns 11 and 12. TOWI18h1p 48 South, Range 25 East, Collier County, FIQdda being more particulalty d..crfbed as follows: ~innlng at the norfbwest comer of said SectIon 11; . thElllCe along the north line of the norIhwest y.o of said SedIon 11, North 88"5T'5T East 2~ to.the north % comer of saId Seoflon 11; thtjnce along the north Roe of the northeast y.o of said Section 11, NorIh ~56'51. East 1~.46feet; . .' . .tm;nce' continue along said Une, North 88.66'01' East 1325.61 feet to the northeast coljl18r of said S8CIIon 11: . th~ alQng the north line of the I1Ol1f1west ~ or said Section 12, North B8~68'39" East 2616.95 feet to the north X comer of said SeclI!Xl12; . th~ along the north and IIOUth % secUon One, South 00"50"59" EaSt 2633.10 feet to thEi center of said SeotIon 12; th~noe continue alOng said north and south % section One South 00051 '12" East 2~1.85 feet to the south % comer of said Section 12: the.nce leaving said north and south % line of eald Secllon 12 llJong the &OUth line of 58if:l Section 12. South 68.41'20. West 2659.45 feet to the &OI.Ithwest comer of said section 12; thfJnce along the south line of saki Sedlon ii, South 68"41'20" West 2650.25 feet; ttJEince leaving said section line, NOI1h 00"41'40" West 30.00 feet; thGnce South 68"<<'40- West 1325,S1 feet; thqnce North 00"30'44- WeISt. 300,04 feet; thence South OO.4T43" West 1324.49 feet to the west lite of said Section 11; tht!nce along said west section Dne, North 00.48'28" West 2323.27 feet to the west % cOiner pf said Seoflon 11: . th~noe COt'lUnue along salclline North 00"44'87" West 2646.87 to the Point of Beginning of the parcel herein described; eohtaining 953.97 acres more or less ALONG WITH ~c1ng at the southeast comer of said Section 12; . th~ along the ~ line or said section 12, North OO.OO'01"West 200.00 feet to the PoInt Of Beolnnlng of the parcel herein described; _..,I.. F.rt .,..,. ".,....,. T..,. r."."..... ,...... Cft, ...,,/1 =_....__ .!a'>>.....LalIr,Stllla:I1 ~~3(llJ5 t/41aN()f()'fit ~-64S06716fi1 ~_. "'~1lIP ...........'- -II. ~t~.....t,., r~x:LJ~-~J~-lll~ Jan Z'l. ZUU;j IU: I Agenda It~r'nu~o. 16A6 May 25, 2010 Page 60 of 65 Wi_Miller --"'_IIoItIn&~ 1686.... thence leaving said SectIon line SoUfh 88"40'16" West 2578.35' feet; thence North 68"38'42" West 55.56 feet; thence North 02"65'41" West 51,18 feel; thence North 00"53'22" East 168.77 feet; thence North 00"04'47" East 782.63 feet; thence Nor1h 00"61'30" West 83.55 feet; . thence South 88"46'49'" West 50.00 feet to the IJClI'tfHouth % One of said SecIlon 12' th~ce eJong sald lfoe North 00"61'12" West 1316.19 feet toltte C!llI1terofSakt SectIon 12; . . thence along the e&at-wG$l % line, North 8S"51 '44" East 11 GfJ;D7 feet; thence leaving said east-west ~ line end lIIong the west Doe of that land described In O.R. Book 2641, page 3405, Pubfic Records of ColDer cioun1Y, RorIda. North 00"53'36" west 657.3:4 feet to a point on the couIh line of the North ~ of the SW ~ of the NE ~ of said SecIIon 12: thence along said south Bne. North 88"64'36" East 165.65 feet to a point on the west line of t!lat land as described In O.R. Book 1439, page 1 no, Public Records of CollIer County, FIoridii; . thence along sald west line North 00"54'01" West 30.03 feet to B point on !he south line of that Jand BS described In O.R. Book 1952, page 284, PubflC Records of CollIer County, Florida; thence along said south rUle, Sou1h 68"64'36" West 1325.19 feet to the IIOI1h- south % line o( said Secllon 12j thence along said nor1h-south 1I.1lne, Noeth 00"50'59" West 628.30 feet to thlil nar1hwest COlMr of that land BS described In O.R. Bool< 1952,. page.284, Public Records of Collier County, FIorlda: . thence along 1I1e north Doe of 88ld land, North 88'65'21" East 1324.63 feet to the nor1hwestcomerofthat land 8sdesor1bed In O,R. Book 1439, page 1770, PUblic Records of Collier County, Roods; . " . thence along said Une, North 88'65'21" East 1059.38 feotto ~ po!ntth!lils 265 I feet west of 8S meesured at right angles to the east line of sa{d Seotion 12; thence along said line SoUfh oo"STS4" East 657.27 feet; thence continue along sald line South 00'68'26" East 656.64 feet to the oast- west % line of said SectIon 12; . thence atcing said line North 68'6'1 '44" East 264.89 feet to the east Yo comer of said SeoIion 12; ; thence along the east line of saId Section 12, South 00'69'11' East 2422.79 fe&t : to the Point of Beginning of the parcel herein described; SUblect to easements end restrictions of record. -.IGIZ -.:...-. - -. >.lVVIIl..L I I L LVLC.I'I'..... rax:lJ~-4j~-1~1~ Jan ~~ ~UU~ 1 U: 14Agenda IreM~o 16A6 May 25, 2010 Page 61 of 65 W1~iller 1W_"-........~ 16Bc' Cordalnlng 200.42 8CnlB mont or less ContaIning 1,1"54.39 net acas mont or less,' Beatings are ba6ed on the west line of said Section 11 being North 00.43'24" West.. CeI1ilk:8te of authorfzation #ttB-4S. I Wllsi:JnMI/Ier. Inc. R~ EngineeIv and Land SulVe)'018 . , ~ .. . WilL ' ~ ' p .s,M. tIS9S4 Ref.: '4L-1568A Not Valid unlEl$$ embossed with the Professlorial's eeal. -8 ~~ <J.tJtJl ....... VIe........ '- . __I UVVV~~IIL ~VLLMn~ 10:111';. ,.J"-Ofd;r-I, I U GB. d "'l;l.1111 r-, .i i I'i i .:. l i i I ~ .~ ,". , J Agenda Ite~ 'No, 16A6 May 25, 2010 Page 62 of 65 1 86 . i ,.,- ,. . , ~ r- if i , N , - ! ! dl ~ / 1 I~ lIH-- It, . ' ~ I "ll . i it I 't r- I ZIlI'aI" d .l:8SI9 $:lr9 'tt.6 ~ lGTlIIoH:1511M G ~k 'EVln ~""hl.:lI) Agenda Item No. 16A6 May 25. 2010 Page 64 of 65 TERMINATION OF DEVELOPER CONTRmUTION AGREEMENT This Termination of Developer Contribution Agreement is made this ~ day of /lP~'L , 2010, by and between Long Bay Partners, LLC, a Florida limited liability company, whose address is 9990 Coconut Road, Suite 200, Bonita Springs, Florida 34135-8488 ("LBP") and Collier County, Florida, a political subdivision of the State of Florida, whose address is 330 I East Tamiami Trail, Naples, Florida 34112 ("County"). WHEREAS, LBP and County entered into that certain Developer Contribution Agreement dated February 17, 1998, and recorded in Official Records Book 2400, Page 0020, as amended by (i) Amended and Restated Developer Contribution Agreement dated November, 1998 and recorded in Official Records Book 2494, Page 1704; (ii) First Amendment to the Amended and Restated Developer Contribution Agreement dated November 23, 1999, and recorded in Official Records Book 2690, Page 1969; (iii) Developer Contribution Agreement and Second Amendment to the Amended and Restated Developer Contribution Agreement dated August 1, 2000, and recorded in Official Records Book 2708, Page 1484, all of the public records of Collier County, Florida; and (iv) Third Amendment to the Amended and Restated Developer Contribution Agreement, dated December 17, 2002 (collectively the "DCA"); and WHEREAS, LBP has satisfied all of its obligations under the DCA and has requested the DCA be terminated of record and County has agreed. Now therefore, for the mutual covenants contained herein and in the DCA, LBP and County agree that the DCA is hereby terminated and the parties shall have no funher rights or obligations thereunder, except that all impact fee credits arising out of the DCA shall remain in full force and effect and shal! survive the termination of the DCA. LONG BAY PARTNERS, LLC, a Florida limited liability company By: Bonita Bay Properties, Inc., a Florida Corporation, its managing member BY:~ Gary umas, Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this 1'I.1J.. day of .Ii l' ( " I , 2010, by Gary Dumas, as Vice President for Bonita Bay Properties, Inc., a Florida corporation, as manager of Long Ba Partners LLC a Florida limited liability company, on behalf of such entity. Such person is rsonally known to me r has produced as identification and did did no ta e an oat . ~~U~~ r:1 N TARYPUBLIC (STAMP OR SEAL) If .A 17 Ii r' i71 c.. ~'+-C-&-"rt.C"'.-/ KAAEN l HIl.DEBIWtl l.IYCOMMISSOl.DOlIMI91 EXPIRES: 0ct0lI0r 14.2012 _11w-,__ ATIEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk ~, Approved as to form~an~ legal sufficiency: ..,....- ~~ Jennifer . White, Assistant County Attorney Agenda Item No, 16A6 May 25. 2010 Page 65 of 65 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman