Backup Documents 11/08/2011 Item #16A14 -o
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (t 1 C4/i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed muting slip d o�
documents are to be forwarded to the Board Office only gfIgr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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 muting lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in muting order)
1. Judy Puig GMD Planning&
Regulation/Operations 131
2.
3.
4.
5. Ian Mitchell,Executive Manager Board of County Commissioners 1,1 I,9,I it le/V
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Nick Casalanguida Phone Number 252-6064
Contact
Agenda Date Item was 11-08-11 Agenda Item Number 16 a 14
Approved by the BCC
Type of Document 2nd Amendment to Developer Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. 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.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from Ub
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N I
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. 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.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain Lk
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 11-08-11(enter date)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.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
16A 14
SECOND AMENDMENT TO DEVELOPER AGREEMENT
MIRASOL
THIS SECOND AMENDMENT DEVELOPER AGREEMENT (hereinafter referred to
'
as the "Second Amendment") is made and entered into this of November, 2011, by and
between IM Collier Joint Venture, a Florida Venture, with an address at P.O. Box 10489,Naples,
FL 34101 (hereinafter referred to as "Developer"), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized
terms not defined herein shall have the same meaning as set forth in the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended.
RECITALS:
WHEREAS, Developer and County entered into a Developer Agreement on May 8,
2007, which is recorded in Official Records Book 4226 at Pages 2104 et seq. of the Official
Records of Collier County Florida("Agreement"); and
WHEREAS, the Agreement contemplated that a three-year Certificate of Public Facility
Adequacy ("COA") would be issued upon payment of one-half of the County's estimated Road
Impact Fees for the Development less the estimated costs of certain improvements to be
constructed by the Developer; and
WHEREAS, a COA was issued April 28, 2009, with an April 28, 2012 expiration date;
and
WHEREAS, on March 10, 2009, the Board enacted Ordinance No. 2009-09 which
amended the Consolidated Impact Fee Ordinance by providing for, among other things, a five-
year payment for the remaining estimated transportation impact fees following the expiration of
the initial three-year COA; and
WHEREAS, for the purpose of implementing the provisions in Ordinance No. 2009-09,
the Agreement was amended by the First Amendment to Developer Agreement on April 27,
2010, which is recorded in Official Records Book 4561, at Pages 1858 et seq. of the Official
Records of Collier County, Florida("First Amendment"); and
WHEREAS, on June 14, 2011, the Board enacted Ordinance No. 2011-20 which
amended the Consolidated Impact Fee Ordinance to provide that a permanent COA will be
issued upon payment of thirty-three percent(33%) of the estimated road impact fees; and
WHEREAS, the Developer has paid seventy percent (70%), which is in excess of the
now required thirty-three percent(33%) of the estimated road impact fees; and
WHEREAS, Developer has constructed all improvements it was required to construct
pursuant to the Agreement; and
WHEREAS, the County and Developer have agreed to enter into this Second
Amendment to conform the Agreement to Ordinance 2011-20.
INSTR 4625923 OR 4735 PG 2698
1 RECORDED 11/14/2011 9:10 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$27.00 INDX$2.00
16A 14
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein,the parties agree as follows:
1. In recognition of Developer having paid seventy percent (70%) of its estimated
Road Impact Fees and in keeping with Ordinance No. 2011-20, the Certificate issued to the
Developer is hereby issued in perpetuity.
2. Except as modified by this Second Amendment, the remaining terms of the
Agreement and First Amendment remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 2 of 3
16A14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest: •fir, BOARD OF COUNTY COMMISSIONERS
DWIGHT,Et ROCS , erk COLLIER COUNTY, FLORIDA
o ti� �.
&ow.. y:
,A ,:tp C ' Clerk FRED COYLE, CHAIRMA
av ature "G t
AS TO DEVELOPER:
Signed, sealed and IM Collier Joint Venture
delivered in the presence of: a Florida Venture
Sig 19,,,,,,,,,/t ,...o-- By: Mirasol Development, L.L.C.;
ature a Florida limited liability company
_ r ∎ Its Managing Venturer
Fri, :'d Name '
/ f L �. 4 ' Z By: CCMS Development L.L.C.;
`S .'At /� / a Florida limited liability company
I� . a 11 . �i I Its Managing Member
Print d Name
By: , a .- ,
J I/icewonder, Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this of4 eittlay of
�,� � , 2011, by J D Nicewonder, as Managing Me, ber of IM Collier Joint Venture,
who is personally known to me or has produced _'I , ,: /A _ as identification.
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Notary Public
Print Name: JeJe ni L 11..rzr'
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