Backup Documents 06/11/2013 Item #16F 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 F 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. ::16� (p t
>k• -** ��G �� J 4-
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
�T r" Pa
(Initial)
Applicable)
2.
June 11, 2013
Agenda Item Number
161`2
3. County Attorney Office
County Attorney Office
Kby
VIA
2,
4. BCC Office
Board of County
Commissioners
�C
VNSSIA
6
1
5. Minutes and Records
Clerk of Court's Office
—V(Y-\
b rtq h3
(2, qspm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Amy Patterson
Phone Number
252 -5721
Contact / De artment
�T r" Pa
(Initial)
Applicable)
Agenda Date Item was
June 11, 2013
Agenda Item Number
161`2
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
n 1
Type of Document
Amendment to Agreement
Number of Original
1
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
�o-- -` _ \3 ;cV2_0 _ 6ARo_,�10
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
P
2.
Does the document need to be sent to another agency for additional signatures? If yes,
n 1
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
l�-
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7.
In In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forward' to Tallahassee within a certain��
time frame or the BCC's actions are nullified. Be a of your deadlines!
8.
The document was approved by the BCC on 6/1 /13 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by t e
k
BCC, all changes directed by the BCC have been made, and the document is ready r the
Chairman's signature.
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 11/30/12
16F 2 "
FIRST AMENDMENT TO DECEMBER 3, 2002 STANDARD FORM
COLLIER COUNTY CONTRIBUTION AGREEMENT
FOR ROAD IMPACT FEE CREDITS
THIS FIRST AMENDMENT ( "First Amendment ") is made and entered into this
day of U, V) P. , 2013, by and between SIERRA GRANDE HOLDINGS,
LLC., a Delaware limited liability company, Sierra Meadows, LLC, a Florida limited liability
company, Pelican Bay/Hammock Woods II, LLC, a Florida limited liability company, and Swan
FM, LLC, a foreign limited liability company (hereinafter referred to as "Developers ") and the
Board of County Commissioners of Collier County, Florida, as the governing body of Collier
County (hereinafter referred to as "County ").
RECITALS:
WHEREAS, the Developers are successors in interest to Alanda Ltd. and Wallace R.
Devlin, Sr. ( "Devlin "), who were parties to that certain Standard Form Collier County
Contribution Agreement for Road Impact Fee - Credits dated December 3, 2002, and recorded in
Official Records Book 3168, Page 1339, of the Public Records of Collier County, Florida
(hereinafter the "Contribution Agreement "); and
WHEREAS, Devlin owned the Residential Tract subject to the Contribution Agreement
and, pursuant to Paragraph 2 thereof, was granted $60,841.58 in impact fees for the Residential
Tract; and
WHEREAS, Alanda Ltd. owned the Commercial Tracts subject to the Contribution
Agreement and, pursuant to Paragraph 2 thereof, was granted $122,758.42 in impact fees for the
Commercial Tracts; and
WHEREAS, Paragraph 4 of the Contribution Agreement allows for the amendment or
modification upon the mutual written consent of the parties or their successors in interest; and
WHEREAS, Paragraph 10 of the Contribution Agreement requires that if one or more
developer or parcel is to benefit from the impact fees credits, the amount of each credit available
to each parcel will be described in Exhibit A, and
WHEREAS, on May 25, 2010, the Board enacted Ordinance No. 2010 -22, which
amended the Consolidated Impact Fee Ordinance by providing for, among other things, that
impact fee credits shall run with the land in perpetuity, interest free, until used or assigned; and
WHEREAS, the Developers and County have agreed to amend the Contribution
Agreement as provided herein.
INSTR 4854457 OR 4933 PG 3847
RECORDED 6/18/2013 8:43 AM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $69.50 INDX $6.00
16F 2'"
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above recitals are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. Paragraph 13 of the Contribution Agreement is hereby amended as follows:
The duration or availability of er-edits pursuant te this CeRtribution Agreement,
shall not be f^« ., period of five (5) year-s f;..,m the .late e f the ,1„ «.,4io
of land, , b t in no .mot sha l the a ailab;1;ty of er-e ;ts nder- this ('�e tr-ib do
Agreement exeeed event
seven years, o mer-a4er-ia, any
Flee . For- the pufposes of this agreemei ,the date of evxmple ion shall I
the doe of aeeeptanee by the C Impact fee credits or cash payment shall
run with the land in pelpetuily, interest free, until used or assigned.
3. Exhibit "A" of the Contribution Agreement, attached hereto, is hereby amended by
inclusion of the credit allocation.
4. Except as otherwise modified herein, the remaining provisions in the Contribution
Agreement shall remain in full force and effect.
5. If there is any conflict between this First Amendment and the Contribution Agreement,
the provisions of this First Amendment shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES TO FOLLOW
2
16F 2'4
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
STATE OF FLO(JOA
COUNTY OF N iAMj - O �
SIERRA GRAXPE HOLDINGS, LLC, a Delaware
limited li i ' 1cmpany b FLORIDA REAL
ESTAffai A FUN P, a
as M ber 1
IM
Print Name: 1� U, -:k4 '1
Title: NP a A cl t t r. M %.TN1 p s-(L
Date: �1 �'�- J J3
The foregoing instrument was acknowledged before me this I !� day of
�Pl Pty , 2013, by Qt j,);Ayt) VLARSetSi ► , as M dace tAf.Mta M of
FLORIDA REAL ESTATE VALUE FUND, LP, a , as Managing
Member of SIERRA GRANDE HOLDINGS, LLC, a Delaware limited liability company. He
/she is personally known to me, or [ ] has produced driver's license no.
as identification.
NOTARY PUBLIC
SEAL fit `: P:'?cf, FIARASEREBREMIK
* * MY COMMISSION t 2, 2017 printed Name: 11.-po -A cJrc2�b 6P.� -jX.
EXPIRES: Apni 22, 2017
°'' .O BoWWTWeU*s0t8rys8nkes Commission Expires: (410'al rc�
[Signatures continue on following page]
Signed, sealed and delivered in
the presence o£
Witness
Pn* d Name: ,�+� t
j
R
Witness
Printed Name:
STATE OF
~�
COUNTY OF ca 111 a/r
16F 24
SIERRA MEADOWS, LLC, a Florida limited
liability company
By:
Print Name:ry % /U
Title: !�
Date: f (,, —/ J
Thq foregoing instrument w s acknowledged be re me this �� day of
2013, by K Q i'� � � . CAV►1/;'�s�' � �� � . of
SIERRA WADOWS, LLC, a Florida limited liability company. He /she is personally known to
me, or ( has produced driver's license no. T 10 as identification.
€ Mru Public NOTARY PUBLIC
MW�ry Pudic • State of Florid
SEA My Comm. Expires Aug 8, 2016
'•y{, tong .. ComrMseion ,r EE 229688 Printed Name: 114 R l I- SC P E9
Commission Expires: 4014 P 2-016)
[Signatures continue on following page]
Signed, sealed and delivered in the
presence of:
31
Witness
Printed Name: �n U
Witness ll
Printed Name:
16F 2"
PELICAN BAY /HAMMOCK WOODS 11, LLC, a Florida
limited liability company
/U`�0"a '
k�') V1t'A
Title: WWy�cNN�R�
Date: S' %, )I
STATE OF
COUNTY OF
,,Z foregoing instru ent was acknowledgqd before me this o day of % 2013,
by 0, rk C, u1�Q�c�,. as p of PELICAN BAY /HAMMOCK
WOODS I LC, a Florida limited liability company. He fsbe is personally known to me, orrr- -f-tms
produce tion.
NOTARY PUBLIC
Printed Name:
Commission Expires:
7
[Signatures continue on following page]
16F 21
Signed, sealed and delivered in SWAN FM, LLC a Foreign limited liability
the presence of. company
Witness
Printed Name: By:
pl,-,-,.S,,-:�el��1-11�, Print Name:
Witness _
Printed Name: ` . 44� Title:
J Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowled ed before me thix day of
2013, byj,��5 as ] %�,(,Q.�i}E.� of SWA M,
LLC, a Foreign limited liability company. He /she is personally known to me, or [ ] has
produced driver's license no. ICU.( t_�, as identification.
ME; N RY�''P� UBLI
BROOKE UBUC o Ab- NOTARY PUpUC STATE OF TEXAS Printed Name:
COMM. EXP. 01 -14 -2014
Commission Expires:
[Signatures continue on following page]
16F 2!1
ATT BOARD OF CO Y COMMISSIONERS
DVCT'Radl Clerk COL O Y FLORIDA
� y:
Attest,;66. 0- chifm* ` ty le r GEORGIA A. HILLER, ESQ.
signatUr�to' s ' � ' f CHAIRWOMAN
Appr to form and
legal V ioSy --
Jf
C
16F 21
Exhibit "A"
Impact Fee Credit Allocations
(Parcel Ownership Credit Allocation
Residential (Tract B) Sierra Grande Holdings, LLC $60,841.58
Commercial
Lot 1
Sierra Meadows, LLC
$7,944.43
Lot 2
Sierra Meadows, LLC
$7,36D.62
Lot 3
Sierra Meadows, LLC
$5,753.01
Lot 4
Pelican Bay /Hammock Woods II
$12,952.79
Lot 5
Swann FM LLC
$6,278.90
Lot 6
Sierra Meadows, LLC
$9,084.70
Lot 7
Sierra Meadows, LLC
$8,993.53
Lot 8
Sierra Meadows, LLC
$31,092.44
Lot 9
Sierra Meadows, LLC
$33,298.00
Sub -total (Commercial)
$122,758.42
TOTAL
$183,600.00