Backup Documents 03/09/2010 Item #16B 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlt 6 8.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .I.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print Ull pink paper. Auach to origmal UUCUITlClit (higinal UllClIlTlel1h should hc hand ddivcred h the Huard Ollie\: !hc compklt:d roullng slip and nrigJllaJ
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~oute to Ad~,ressee(s) Office Initials Date
List in routinn order
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3. ,,~;;;
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4. ~
5. Ian Mitchell, BCC Supervisor Board of COlmty Commissioners ~ 3bl1o
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. 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 I Phone Number --"44
k. , ,t \ tj~ ,_\ (.. ir.': .~<, ~,-)C;
Contact "
Agenda Date Item was ~ () 2<~,() Agenda Item Number I(~ '.1-'<,-7
A;;nroved bv the BCC -
Type of Document AM C!'.,i I" ,'" t Jo."T' .. F Number of Original \
Attached '.X, ". ..' ^' m .- Documents Attached
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INSTRUCTIONS & CHECKLIST
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a ro riate.
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made during the meeting have heen incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicahle.
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2.
3.
4.
5.
6.
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l: Formsl County Fonnsl sec Fonnsl Original Documents Routing Slip WWS Originai9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09
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6B 7"
INSTR 4406275 OR 4546 PG Hi62"'.
RECORDED 3/16/2010420 PM PACiES 22
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $188 50 INDX $5.00
First Amendment
to
DEVELOPER AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (hereinalicr referrcd to
as the "Amcndment'") is made and cntered into this"'hbday ofS\~~__._ of2010. by and
bctween VICTORIA ESTATES, LTD.. a Florida limited partncrship. MAUI'OND. LLC'. a
Florida limited liability company. MAGPOND--A. LLC. a Florida limitcd liability company.
MAGPOND-B, LLC, a Florida limited liability company. NEW MAG POND. LLC, a Florida
limited liability company and NEW MAG POND-A. LLC. a Florida limited liability company
(hcrcinafter collectively referred to as "Victoria" and sometimes refcrred to as "'Developer").
with an address at 8441 Cooper Crcek Boulevard, University Park. FL 34201, and COLLIER
COUNTY. FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as
"County").
RECITALS:
WHEREAS, Victoria is thc owner of approximately 25.83+/- acres of commercially
zoned land in unincorporated Collier County, Florida (the "'Developer Parcel") which is a portion
of the Collier Boulevard Mixed-Use Commerce Centcr PUD, Ordinance No 01-10 (referred to
as the "South PUO"); and
WIIEREAS, Section 8.5.5 of the South PUD provides that the "proposed storm water
management system for the projcct shall provide for the six-lane condition of Collicr Boulevard
runoff" (thc "Collier Boulevard Stonnwater RequiremcnC); and
WHEREAS, on or about July 22. 2008. County, Victoria and the owner of the adjacent
PUD, 1-75 Associates, LLC, entered into a Developer Agreemcnt which was recorded on July
25. 2008 in ORB 4381, Page 1116 of the Public Records of Collier County. Florida (the
"Agreement"); and
WHEREAS. pursuant to Paragraph 2 of the Agreement. Developer has granted certain
easements to County. including that certain Drainage Easement recorded Decembcr 16. 2008. in
ORB 4413, Page 3877 of the Public Rccords of Collier County. Florida. as corrected by that
ccrtain COITective Drainage Easement recorded July 15, 2009 in ORB 4472, Page 2065 of thc
Public Records of Collier County, rlorida (thc "'Drainage EasemenC) over ccrtain portions of
Developer's property designated for stonnwater retention (the "'Drainage Easement Area"); and
WHEREAS. MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC
("'Magnolia"). which also owns a portion of the South PUO (the "Magnolia Parcel"'), has granted
certain easements to County. including that certain Drainage Easemcnt recorded July 6, 2009. in
ORB 4469. Page 54 of the Public Records of Collier County, Florida (the "'Outfall Easement'.).
over and across the north twenty (20) fect of Magnolia's Parcel (thc "Outfall Easement Area").
extending from the Drainage Easement Area, west to the County drainage ditch #MGG-15: and
Page I of 13
16 a-Ii
WHEREAS. Paragraph 13 of the Agreement provides, inter alia. Victoria shall accepl its
proportionale share of the sfOrmwater runoflfi"om the westernfour lanes of the modified six (6)
lane condition with additionalnorthhollnd and sOllthhound drop lanes totaling eight (R) lanes of
Collier Boulevard (CR-951) hetween west hound enlmncc ramp 10 1- ~5 and Ihe Ciolden Gale
canal. nol to exceed 6.6 aeres of righl-of:way (Ihe "WeSI Right-of:Way.) (The "Drainage
Requirement'.): and
WHEREAS. County has requested that the Drainage Requirement be increased to
accommodate the County's present design for the modified six (6) lane condition with additional
northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-951)
between west bound entrance ramp to 1-75 and the Golden Gate canal: and
WHEREAS. County has requested that the Drainage Easement be modified to add the
Florida Dcpartment of Transportation ("FDOTOO) as a co-grantee with the County: and
WHEREAS. the Transportation Administrator has recommended to the Board of County
Commissioners that the terms and conditions set forth in this Amendment (hereinatier referred to
as the "'Revised Proposed Plan") is in conformity with contemplated improvcments and additions
to the County's transportation network: and
WHEREAS, atier reasoned consideration by the Board of Commissioners. the Board
finds and reat1irms that:
a. The subject Revised Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system:
b. Such Revised Proposed Plan, viewed in conjunction with other existing or proposcd
plans. including those from other developers, will not adversely impact the cash flow
or liquidity ofthc County's road impact fee trust accounts in such a way as to frustrate
or interfere with other planned or ongoing grov.1h-necessitated capital improvements
and additions to the County's transportation system: and
c. The Revised Proposed Plan is consistent with both thc public interest and with the
comprehensive plan. including the most recently adopted live-year capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of thc Collier County
Consolidated Impact Fee Ordinance.
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:
J. All of the above RECITALS are true and correct and are hcreby expressly incorporated
herein by reference as if sct forth fully below.
Page 2 of 13
16 B '17
2. Paragraph 13 of the Agreement shall be and hereby is revised such that maximum
capacity of stormwater drainage Irom the West Right-oj~ Way shall be increased Irom 6.6
acres ofright-ot~way to 7.1 acres ofright-ot~way.
3. Developer shall, within thirty (30) days t()llowing the date of this Amendment, execute a
replacement drainage casement in substantially the form attached hereto as Exhibit "A,"
to supersede and replace the Drainage Easement. which replacement easement shall
providc for and be limited to the increased capacity agreed to in Paragraph 2 above. and
shall add FOOT as Grantee. together with the County.
4. In consideration jor Developer's acceptance of the additional drainage capacity as
provided in Paragraph 2 above, County hereby covenants and agrees that the County
shall, at County's sole cost and cxpense. design. permit and install thc outfall drainage
pipe within thc Outfall Easement Area. as depicted in Exhibit "13"". The outfall drainage
pipe shall bc sizcd to accommodate thc outll11l for stormwatcr run-off Irom the maximum
development approved under the South I'll D lor the Developer Parcel and the Magnolia
Parcel as wcll as thc increascd Wcst Right-oj~ Way stormwatcr as provided in Paragraph
2 above.
5. Except to the cxtent specifically modi tied in this Amendment, all of the terms of the
Agreement shall remain in full force and effect and are hereby ratitied by the parties
hereto. Any capitalized terms used herein but not defined herein shall have the meaning
ascribed to them in the Agreement.
6. This Amendment shall not be construed or characterized as a development agreement
under the Florida Local Governmcnt Development AgreCment Act.
7. The burdcns of this Amendment shall be binding upon. and the benetits of this
Amendment shall inure to. all successors in intcrest to the parties to this Agreement.
R. Developer acknowledges that the failure of this Amendment to address any permit,
condition, tenn or restriction shall not relieve either the applicant or owner. or its
successors or assigns. of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements. conditions. terms or restrictions.
9. In the event state or federal laws are enacted after the execution of this Amendment.
which are applicable to and preclude in whole or in part the parties' compliance with the
terms of this Amendment. thcn in such event this Amendmcnt shall be modi tied or
revoked as is necessary to comply with such laws, in a manner which best retlects the
intent of this Amendment.
10. Developer shall execute this Amendment prior to it being submitted lor approval by the
Board of County Commissioners. This Amendment shall be recorded by the County in
the Ofticial Records of Collier County. Florida. within j(lUrteen (14) days after the
County enters into this Amendment. County shall pay all costs of rccording this
Amendment. Thc County shall provide a copy of the recorded document to the
Dcveloper upon request.
Page 3 of 13
16 8 '7
I J . In the event of a dispute under this Amendment, the parties shall first use the County's
then~un'ent Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may tile an action !()r injunctive relief in the Circuit Court of
Collier County to enforce the terms of this Amendment. said remedy being cumulative
with any and all other remedies available to the parties for the enforcement of the
Agreement.
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~ ~
a...,~ ...... 'Ierk
It.......j II.
By: '11....),- LAi C2~"
FRED W, COYLE, CHAIRMAN
Approved, form
and J ga s rl'ic~
'O\V
REMAINING SIGNATURE PAGES TO FOLLOW
Page 4 of 13
16817
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
i--'.--~-------._-------- --1------- ------ -. ---,
i WITNESSES: ' VICTORIA EST A TES, LTD., a Florida
I limited partnership,
By: BENDERSON-VICTORlA, LC, a Florida
limited liability company.
Its: Gcneral Partner
AM i ~=--~___
By: David H, Baldauf
Its: Manager
,
~
STATE OF _.t-:kl,_~C (
'. ) ss:
COUNTY OF .' "-
The fo~e ,oing instrument was acknowledged before me this 1L.., day of
_ 1. \. )(UL-'- ____.2010 by David H, BaldauL \i1anager of Benderson-Victoria. LC.
a Florida limited iability company. General Paltner of VICTORIA ESTATES, LTD.. a Florida
limited partnership. on behalf of said limited partnership. who is personally_ ,( known to mc or
has produccd ____. as idcntification.
WITNESS my hand and oflicial seal this -JJ---- day of " Ii!
i/I II. I
I
2010,
N~tary ~~bliC'':~ -V U (, I ~.
NOTAR Y RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Namc
SHERRY A. KEKll,K
Nrtllry Public ~tate of New York
Regisrfi1ticn ,lID. CIKESDJ8/i98
Q.:2.ILed In Erie C:}U:1(y
Mv Comr.,ISSlfili EXi;,res jJ;1i.lJiY iI, 20-JJ
Commission No. Expiration Date
Page 5 of 13
16 B 17
SIGNATURE I'AGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
----~--_._-
WITNESSES:
.\ I V \. . (
.. .... '\ '. \.'__\ ~~.~ .1 ::. ~1 _ .
! Witness Nam"li) )\L~ 'II 'iLl keLFIIt
i _c*rr) CI~~_-__---
! WItness Name:-KiLllLA\..':ti\ '-,
i MAG POND, LLC,
I a Florida limited liability company
BY:~~~.i~==
David H. Baldauf. Manager
~,
._______~__J
,
._~_~___~_.~.,___......l.____,_"_____._
STATE OF _[Ir' -~f2--L_) ss:
COUNTY OF ... .
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)
The foregoing instrument was acknowledged before me, this li.- day of..Ld.2i 1J(j. J 20 I O.
by David H. Baldauf as Manager of MAGPOND. LLC. a Florida limited liability c(;;:;;plny. on
behalf of the company, who is ( .I ) personally known to me or ( ) has produced
as evidence of identification.
,\ I ( t t . r\
Notary put1f\c
~/. I"
. ~,
I .,
i ("
,
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY \. KEKl I,K
Notary Public, ;l:~tt; o~ ;~:;!'N l'Grk
Rt.glstratli.ili ['i;, OlK~6'w! o4'.;1~
OL1~idle~ Iii Er,f: C(w;:tJ' I
My Cornrr:lssHJi' t'-~Ire~ Jd;");;')' E, 2U L
Commission No. Expiration Date
Page (, of 13
169 I~
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
r----------.------
WITNESSES:
MAG POND-A, LLC,
a Florida limited liability company
I I,
I \ \ ,.
I . ~ \, " ~, -'.. '(
Witness Name' \ .\,r'\.(~Tir10?Il7il(
! .-:
i~ll y~b( \Lu ell't i\J
I Witness Name~x'. 1\ ~<:, il.:.o.
By' I I.
'-'~-"~--- -.-."---
David I-I. BaldauL
anager
~
'--~-,-
STATE OF I~C'_~L (
ss:
COUNTY OF _~_--'-_ )
The foregoing instrument was acknowledged before me. this JL day of /:-(t) .1010.
by David H. Baldauf as Manager of MAG POND-A. LLC. a Florida limited liability company. on
behalf of the company. who is ( ) personally known to me or ( ) has produced
as evidence of identification.
'LHL,\J..-V(. (I(
_.__.~.~---_."..._._--
Notary Public \.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY A. K,^lAK
Nota'Y PL'n:ic, ,:Jl;1te oi NdW YDrk
RtD'f:rat;ci' rw. OU<f6C;,>j98
(,.';:llfle':;!11 Er;fj CJ,,;;,y !
Mv Crmm,S~lIJr, l)'~lil;::' j.i;jiJ,JIY iI, 20 l,
------------~ -
Commission No. Expiration Date
Page 7 of l3
16B
1
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
[WIT~~~SES--~ ----------
il'
I I l ( \ ~'~ ~':. \. '
Witness ;\Iam~i\. j \,' /::-iTT:l1-,'v
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l'~-( .L~'; ___~____,_~_
, t .u.U_" -{ Il..:..,~
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MAGPOND-B, LLC,
a Florida limited liability company
By._tLi;t~_
David H. BaldauL Manager
l_ ____
\J.-~
---_._-_.~.~...-,-_.~
STATE OF ..l'ii~~~
. ) ss.
COUNTY Of _~,~_ )
The f()regoing instrument was acknowlcdged before me. this L day ofLLiL_. 2010.
by David H. Baldauf as Manager of MAG POND ,B. LLC'. a Florida limited liability company.
on behalf of the company. who is (" ) personally known to me or ( ) has produced
as evidence of identification.
I \ ,I. ,,1 t~_li C: (
Notary Public
NOT ARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHfRRV I KEn.\K
Hrtary PljS::C, St.lif, ~:j :\"'1/ VlI: k
keg;';:;;,:,,:;: i~Q. C;i\L;\'l';','J,)
G..LJi;(,eC: In [rlt' i:,L":'i 1
My Cfi:Tlflii::'SliJil E-,q.'!,~S J..i::_z,:) II in .t.
___.___~~__ ____._._....'u_
Commission No. Expiration Date
Page 8 of 13
168 7
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
I~~---- --~----------....-~_._-
I WITNESSES
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Witness Nam<.r.\-__ J\::"l;~,i 1!1'ITfLil
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: Witness Name: . L .l~\..( IG
NEW MAG POND, LLc,
a Florida limited liability company
IH~
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i By: IV. _,-- _________
i David H Baldauf. Manager
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___-.-.-.-.-.-.J
STATE OFlli~ ~c'i
COUNTY OF -1-,- t
) ss:
The foregoing instrument was acknowledged before me, this 4- day of
by David I L 8aldauf as Manager of NEW ,MAG POND. LLC. a Florida
company. on bchalf of the company. who is (Y ) personally known to me or (
as evidence of identification.
t=i:.J; .2010.
limited liability
) has prod uccd
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
_~~(~,L,((.. \..(/
Notary Public
Printed Name
Commission No.
Expiration Date
SfTr/RV A K:X n<
~jct:1r'i PU!l:!C. .<,i'; ;',':W Y\lr-
rL '! K~'Cc . J4:;o
M C '~L',t - 11 _1.('
y Gnl ~ 'JII[~~ ~lJ,1 udy 11,20
Page 9 of 13
Page 10 of 13
168 17
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
,------
WITNESSES:
. II. .' (
. ,I ~ \1 I. i
. ) \u... ~'-' T~' '.. "+-c'-'-rt'--
Witness Name: -r'\t'.L\I'tRl.uLIl{
! hi & .
! _.__ ,l I }) .'. "\ j".J:.. ....______
I Witness Name: .Ill..[\ \ '-i fI', ..
I
I
!_-
NEW MAG POND-A, LLC,
! a Florida limited liability company
!
I
! By:
I
I~~ ) $ li\/\---
i
I
i
______....L._..
Da\id H. Baldauf. Manager
___ ...31
STATE OF /,[,
\/::-."
) ss:
COUNTY Of
--
~~_._-_._-~-
The foregoing instrument was acknowledged before me. this li._ day of
by David J L Baldauf as Manager of NEW MAGPOND ^. LLC. a Florida
company. on behalf of the company. who is (.- ) personally known to me or (
as evidence of identitication.
~.::LU.__' 20 I O.
limited liability
) has produced
"/" '. I;' .1'-t
-l\i~_--'" ,
Notary Public/X;-
I
. / I i.. ,
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
Sf!; ~:;y i.... K' -,: tK
f\ ':' t c, i, ", . ,. 'J I II ;:'., Yr' i~,
hlr";- ;(/ [); -:,,';'8
Commission No,
Expiration Date
','J',
II,:) CG'~:' ""'~', ';j,i:..~' ;,1." Ij 1 ~() 11
Page 10 of 13
SCHEDULE OF EXHIBITS
EXHIBIT A
EXHIBIT B
General Form of Replacement Orainage Easement
Graphic Rendering of Outfall
Page 11 of 13
16817
1681
JOINDER: NORTH PUD OWNER:
Thc undcrsigncd on behalf ofI-75 ASSOCIATES, LLC, a Florida limited liability company. as
owner of approximately 25.29+/- acres of commercially zoned land in unincorporated Collier
County, Florida, in the Golden Gate Commerce Park Planned Unit Development. Ordinance No.
00-15, as amended (referred to as the "'North PUD"), and as a party to the Developer Agreemcnt
which was rccorded on July 25. 2008 in ORB 4381, Page 1116 of the Public Rccords ofCollicr
County. Florida. hereby join in this First Amendment to Developer Agreement, lor purpose of
acknowledging its consent to the Amendment.
I
I
WITNESSES:
1-75 ASSOCIATES, LLC.
a Florida limited liability company
L u,'.... \.1/
,~ '-,--tL"',.
l ( C
Witness Nami:\
I~~ j ~Vvj /--'~
- =r--.-.--------
By: David H. Baldauf
Its: Manager
. \
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~"l) eX l''j ,.Vj ~
Witness Name: Ki \ "(~v,,c{ /) S
Page 12 of 13
168 7
STATE OF Nl:.u.: yr..:.j".
,. ) SSe
COUNTYOF :.,ll'
__ The foregoing instrument was acknowledged before me this Jl, day of
i ~'l'l :1:, "~ . 2010 by David H. Baldauf: Manager of 1-75 Associates. LLC. a
Florida limited Ii bIlity company. on behalf of the company. who IS personally L__ known to mc
or has produced _ as identification.
WITNESS my hand and oHicial seal this
j'.j
day of f f.JHIIUY
2010.
_) '\\_1 I_~.t, \..1" G
Notary Public \
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY A. KEKLAK
NotafY Public, 5tate of New Yock
RegIStration No. OlKE60l8498
Qualified in Ene County I
My CommiSSIOn Expires January 1 i, 2(; 1
Commission No. Expiration Date
Page 13 of 13
EXHIBIT 'A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 1 OF 8
PrOject Collier Boulevard (60092)
PARCEL: 112DE (Revised)
Folio No.: Portion of 00298120608
REPLACEMENT DRAINAGE EASEMENT
THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify,
supersede and replace that certain Drainage Easement recorded December 16, 2008
in Official Records Book 4413, at Page 3877, Public Records of Collier County, Florida,
as corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in
Official Records Book 4472, at Page 2065, Public Records of Collier County, Florida,
and is made and entered into this _ day of ,2010 by VICTORIA
ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited
liability company. MAGPONO-A, LLC, a Florida limited liability company, MAGPONO-
B, LLC, a Florida limited liability company, NEW MAG POND, LLC, a Florida limited
liability company and NEW MAGPOND A, LLC, a Florida limited liability company,
whose mailing address is 8441 Cooper Creek Blvd., University Park, Florida 34201,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida
34112 (hereinafter referred to as "County") and STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, whose mailing address is Post Office Box 1249, Bartow,
Florida 33831-1249 (hereinafter referred to as "FDOT") (County and FDOT shall be
referred to collectively as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this Instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH
Grantor, for and In consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive drainage easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to ditches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures over, under, upon and across the following described lands
located In Collier County, Florida, to wit
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon, provided, however,
that the rights granted herein are limited to run-off from the proposed six-lane condition
of Collier Boulevard, not to exceed 7.1 acres of right-of-way. The Grantee may not
utilize this Easement for drainage in excess of 7.1 acres of right-of-way nor for
drainage required for any other Collier or FDOT project or improvement, without the
prior written consent of Grantor. This easement DOES NOT give Grantee the right to
remove and use any excavated material. The easement granted herein shall constitute
an easement running with the land and shall burden the lands described above
168
7
I
.~
L
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 2 OF 8
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
WITNESSES
VICTORIA ESTATES, LTD,
a Florida limited partnership
By: Benderson-Victoria, Le, a Florida LLC
Its General Partner
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of ~__, 2010, by David H. Baldauf, Manager of Benderson-
Victoria, LC, a Florida limited liability company, General Partner of Victoria Estates,
Ltd., a Florida limited Partnership, who:
_ is personally known to me
OR
produced
Identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial! CommiSSion # (if any):
My Commission Expires:
WITNESSES:
MAG POND, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
L."st Ke'/J ~ed 2/'11 /'J7
168\7
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 3 OF 8
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of ,2010, by David H Baldauf, Manager of Magpond,
LLC, a Florida limited liability company who:
_ IS personally known to me
OR
produced _____
identity.
as
proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My Commission Expires
WITNESSES:
MAGPOND.A, LlC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H Baldauf, Manager of
Magpond-A, LLC, a Florida limited liability company who:
_ is personally known to me
OR
_ produced
Identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My Commission Expires:
:,ast Revised, 2/01/C!
16
7
EXHIBIT 'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 4 OF 8
WITNESSES
MAGPOND-B, LLC
a Florida limited liability company
(Signature)
David H Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
_ day of , 2010, by David H. Baldauf, Manager of Magpond-
B, LLC, a Fiorida limited liability company who:
_ is personally known to me
OR
_ produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Senall Commission # (If any):
My Commission Expires:
WITNESSES
NEW MAGPOND, LLC
a Florida limited liability company
David H. Baldauf, Manager
(Signature)
(Print Name)
(Signature)
(Print Name)
Ldflt Revilled: 2/(:1/0')
I
160'
7
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 5 OF 8
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
_ day of 2010, by David H. Baldauf, Manager of New
Magpond, LLC, a Flonda limited liability company who
~ is personally known to me
OR
_ produced
identity.
__~_~as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My CommiSSion Expires:
WITNESSES:
NEW MAG POND A, LLC
a Florida limited liability company
David H Baldauf, Manager
(Signature)
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
_ day of , 2010, by David H. Baldauf, Manager of New
Magpond A, LLC, a Florida limited liability company who.
_ is personally known to me
OR
_ produced
identity
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My Commission Expires:
La:Jt Re'_'illed }ill/I)".'
168
7
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168 7
EXHIBIT "B" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT
. .
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DESCRIPTION SKETCH
(NOT A SURVEY)
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168 7
~lAGNOLlA POND DRIVE
(60' Right-OI-WOf)
(Access Rood No.2. pcr Q.R. 1016, Pg.
363)
South riqhl-of-..ay lint. one tM
Nor1h boundary of M"G~ml1A pa~m
DEVELOPMUsr COMP..-.NY. LLC
ROAD
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( South boundary of
Ihe Northeast 1/4 01
Section 034-49-26
2533.58' '\
POINT or COl.U.IENCEMENT~
Southeo,t corner 01
the Northeast 1/4 01
Section 34-49-26
Southwe,t corner of
the N'Htheo,t 1/4 of
Secl;on :54-49-20
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LEGEND:
O.R.---Officiol RecordS Book
Pg.---Poge
NOTE: Bearings orc bosed on
the South boundary of the
Northeas.t'1/4 of .Section
34 -49-26. having on assumed
bearing af S:88'47"56IV:
MAGNOLIA POND
20' DRAINAGE EASEMENT
fh;, Sl,lth ol Dn:riptjel" Ra1 pr~j)ord ;11 O:cOrdClflCO .ah
11'1, ~;n;m1,1m TtcMitOI :>tondcrd, set lort'" by tM noridc
~rTJ of Proln,;o1'\G1 SUi"o'.,.ol"l &' L1a~p'ft ./'1 thcp!"
61C17-6.Jl~ k!m:ni,lrolive code, "lolnl/O...l to Secl;Dt\
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OA ,10 ALAN WI~S LS6423
flOtl.J,I. f'RCftSSIOf-W. SCR'.utR l IL'J'P(R /'(). ...............~.
IJ:)T VA.t.J:> .....1THOVT TH[ SGNATUR( AND Tl1l: ORlGl~
PA'SED 5OJ.. or A nORlOA UC[h'S(O suR'VEYCn AND \.W'PER
'R""'EO ""HEIDT & ASSDCIATES. Inc.
T:unp3..) Fort Myers.... Sarasota Manatee ~ llrooksville
Crrllticate cd Authorfzotlon
Number LB 14B
CML EN01NEERING Fort M~.tn Ofnce
LANO SUrtVl!YlNO JElen Colon-al f1ou"'vrud
St..lf.' :200
P'VINNlNO FOr! MVl!"~, FL 3JC066
Ef\.VlRQNMENTAL PM en" :2:39-40:>.7275
LANDSCAPEAAeHnEcrunE FIVe :>:m.4S:!.:!'CJ
REV. LEGAL 6/10/09
Dote: t 1/03/08 Drwn:DAW
rdtr NO:SIll..IoIP...o;.a Ctlk'd;AJll
D.lr_JO'~DI P.C.: N/A
OC:II/4 F8:tl/A
Ee. J4 'iWN..9 s. Rt1G.26 [
HErr:
INSTR 4404843 OR 4545 PG 1745
RECORDED 3/12/20101029 AM PAGES 24
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $20550 INDX $5.00
First Amendment
to
168\7
DEVELOPER AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (Lafter referred to
as the "Amendment") is made and entered into this <=L-l"aay of MARC of2010, by and
between VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a
Florida limited liability company, MAGPOND~A, LLC, a Florida limited liability company,
MAGPOND-B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida
limited liability company and NEW MAGPOND-A, LLC, a Florida limited liability company
(hereinafter collectively referred to as "Victoria" and sometimes referred to as "Developer"),
with an address at 8441 Cooper Creek Boulevard, University Park, FL 34201, and COLLIER
COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as
"County").
RECITALS:
WHEREAS, Victoria is the owner of approximately 25.83+/- acres of commercially
zoned land in unincorporated Collier County, Florida (the "Developer Parcel") which is a portion
of the Collier Boulevard Mixed-Use Commerce Center PUD, Ordinance No. 01-10 (referred to
as the "South PUD"); and
WHEREAS, Section 8.5.5 of the South PUD provides that the "proposed stormwater
management system for the project shall provide for the six-lane condition of Collier Boulevard
runoff" (the "Collier Boulevard Storm water Requirement"); and
WHEREAS, on or about July 22, 2008, County, Victoria and the owner of the adjacent
PUD, 1-75 Associates, LLC, entered into a Developer Agreement which was recorded on July
25,2008 in ORB 4381, Page 1116 of the Public Records of Collier County, Florida (the
"Agreement"); and
WHEREAS, pursuant to Paragraph 2 of the Agreement, Developer has granted certain
easements to County, including that certain Drainage Easement recorded December 16, 2008, in
ORB 4413, Page 3877 of the Public Records of Collier County, Florida, as corrected by that
certain Corrective Drainage Easement recorded July 15, 2009 in ORB 4472, Page 2065 of the
Public Records of Collier County, Florida (the "Drainage Easement") over certain portions of
Developer's property designated for stormwater retention (the "Drainage Easement Area"); and
WHEREAS, MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC
("Magnolia"), which also owns a portion of the South PUD (the "Magnolia Parcel"), has granted
certain easements to County, including that certain Drainage Easement recorded July 6, 2009, in
ORB 4469, Page 54 of the Public Records of Collier County, Florida (the "Outfall Eascment"),
over and across the north twenty (20) feet of Magnolia's Parcel (the "Outfall Easement Area"),
extending from the Drainage Easement Area, west to the County drainage ditch #MGG-15; and
Page I of 13
168 7
WHEREAS, Paragraph 13 of the Agreement provides, inter alia, Victoria shall accept its
proportionate share of the stormwater runoff/rom the western/our lanes o/the modified six (6)
lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes 0/
Collier Boulevard (CR-951) between west bound entrance ramp to 1-75 and the Golden Gate
canal, not to exceed 6.6 acres 0/ right-oj:way (the "West Right-of-Way") (The "Drainage
Requirement"); and
WHEREAS, County has requested that the Drainage Requirement be increased to
accommodate the County's present design for the modified six (6) lane condition with additional
northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-95I )
between west bound entrance ramp to 1-75 and the Golden Gate canal; and
WHEREAS, County has requested that the Drainage Easement be modified to add the
Florida Department of Transportation ("FOOT") as a co-grantee with the County; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the terms and conditions set forth in this Amendment (hereinafter referred to
as the "Revised Proposed Plan") is in conformity with contemplated improvements and additions
to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that:
a. The subject Revised Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system;
b. Such Revised Proposed Plan, viewed in conjunction with other existing or proposed
plans, including those from other developers, will not adversely impact the cash flow
or liquidity of the County's road impact fee trust accounts in such a way as to frustrate
or interfere with other planned or ongoing growth-necessitated capital improvements
and additions to the County's transportation system; and
c. The Revised Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County
Consolidated Impact Fee Ordinance.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
Page 2 of 13
168\]
2. Paragraph 13 of the Agreement shall be and hereby is revised such that maximum
capacity of stormwater drainage from thc West Right-of-Way shall be increased from 6.6
acres of right-of-way to 7.1 acres ofright-of-way.
3. Developer shall, within thirty (30) days following the date of this Amendment, execute a
replacement drainage easement in substantially the form attached hereto as Exhibit "A,"
to supersede and replace the Drainage Easement, which replacement easement shall
provide for and be limited to the increased capacity agreed to in Paragraph 2 above, and
shall add FDOT as Grantee, together with the County.
4. In consideration for Developer's acceptance of the additional drainage capacity as
provided in Paragraph 2 above, County hereby covenants and agrees that the County
shall, at County's sole cost and expense, design, permit and install the outfall drainage
pipe within thc Outfall Easement Area, as depicted in Exhibit "B". The outfall drainage
pipe shall be sized to accommodate the outfall for stormwater run-off from the maximum
development approved under the South PUD for the Developer Parccl and the Magnolia
Parcel as well as the increased West Right-oI~Way stormwater as provided in Paragraph
2 above.
5. Except to the extent specifically modified in this Amendment, all of the terms of the
Agreement shall remain in full force and effect and are hereby ratified by the parties
hereto. Any capitalized terms used herein but not defined herein shall have the meaning
ascribed to them in the Agreement.
6. This Amendment shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
7. The burdens of this Amendment shall be binding upon, and the benefits of this
Amendment shall inure to, all successors in interest to the parties to this Agreement.
8. Developer acknowledges that the failure of this Amendment to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or its
successors or assigns, of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or restrictions.
9. In the event state or federal laws are enacted after the execution of this Amendment,
which are applicable to and preclude in whole or in part the parties' compliance with the
terms of this Amendment, then in such event this Amendment shall be modified or
revoked as is necessary to comply with such laws, in a manner which best reflects the
intent of this Amendment.
10. Developer shall execute this Amendment prior to it being submitted for approval by the
Board of County Commissioners. This Amendment shall be recorded by the County in
the Official Records of Collier County, Florida, within fourteen (14) days after the
County enters into this Amendment. County shall pay all costs of recording this
Amendment. Thc County shall provide a copy of the recorded document to the
Developer upon request.
Page 3 of 13
16-8 '{fp 7
II. In the event of a dispute under this Amendment, the parties shall first use the County's
then--current Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure. either party may file an action for injunctive relief in the Circuit Court of
Collier County to enforce the terms of this Amendment, said remedy being cumulative
with any and all other remedies available to the parties for the enforcement of the
Agreement.
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By: '1'L~ w.
FRED W. COYLE, CHAI
By:
ow
REMAINING SIGNATURE PAGES TO FOLLOW
Page 4 of 13
168 ~7
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
WITNESSES:
~
1 VICTORIA ESTATES, LTD., a Florida
limited partnership,
By: BENDERSON-VICTORIA, LC, a Florida
limited liability company,
Its: General Partner
IW)
By: David H. Bal auf
Its: Manager
C>
STATE OF Nau \/ D(t )
_ i ) ss:
COUNTY OF [> ,. iL )
The fore omg instrument was acknowledged before me this L day of
. r , 20 I 0 by David H. Baldauf: Manager of Benderson- Victoria, LC,
a Florida limited iability company, General Partner of VICTORIA EST A TES LTD., a Florida
limited partnership, on behalf of said limited partnership, who is personally L known to me or
has produced as identification.
WITNESS my hand and official seal this
II day of ~0(ua ^I
~~ 4~QjOrP~
Notary Pubhc
2010.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY A. KEKlAK
Nota!)' Public, State of New York
Registretion No. 0lKE60J8498
Quaiified in Erie County
My Commission Expires Janua!)' l!, 20.tJ
Commission No.
Expiration Date
Page 5 of 13
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
WITNESSES:
S\tu
By: W'~;cl ~
David H. Baldaut~ anager
168" 7
~
STATE OF Jk>u. > \I Drl )
1 ) ss:
COUNTY OF f~ )
The foregoing instrument was acknowledged before me, this U- day of Ghf111lN2010,
by David H. Baldauf as Manager of M,AGPOND, LLC, a Florida limited liabi~ny, on
behalf of the company, who is ( -f- ) personally known to me or ( ) has produced
as evidence of identification, II . 11
,-91 Q Ai .~A oti~ (J{tt
Notary Pu 'c
NOTARY RUBBER STAMP SEAL .....
OR EMBOSSED SEAL
Printed Name
SHERRY A, KEKLAK
Notary Public, State of New York
Registration No. 01KE6018498
Qualified in Erie County 11'
My Commission Expires January 11,20
Expiration Date
Commission No.
Page 6 of 13
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
WITNESSES:
-T'-
!
! MAG POND-A, LLC,
a Florida limited liability company
(tU
By:J&~
David H. Baldauf, . anager
~M~~ ~LL~~
Witness Name: I ,yo O,,\){Jt.9,.
STATEOF Mcuj ~[
COUNTY OF 0v-j)..
) ss:
)
)
168 ,17
~
The foregoing instrument was acknowledged before me, this --li- day of i€b ,2010,
by David H. Baldauf as Manager of MAG POND-A, LLC, a Florida limited liability company, on
behalf of the company, who is ( Y ) personally known to me or ( ) has produced
as evidence of identification.
< S'lutO ~ ~J2dJt{)
Notary Publi
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
Expiration Date
SHERRY A, KEKlAK
Nota.l)' Public, State 01 New York
RegIStratIOn No. 01KE6018498
Qualified in Erie County I
My CommISSion Expires January ll, 20 J
Commission No.
Page 7 of 13
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
--------.,.------
WITNESSES: , /.. :11. /\ .1(/
~~~
Witness Nam":6 (~N)? f!j il WfIill{
j6 m () U.v~
Witness Name: ~~Ih-I rM.-'-tJ'l2,
MAGPOND-B, LLC,
a Florida limited liability company
BY:~~
David H. Baldauf, nager
160'7
STATEOF~ )
C ) ss:
COUNTY OF C AJ."JL )
c>-'6
The foregoing instrument was acknowledged before me, this 1L- day of Rb ,2010,
by David H. Baldauf as Manager of MAGPOND-B, LLC, a Florida limited liability company,
on behalf of the company, who is ('/--) personally known to me or ( ) has produced
as evidence of identification. .' ./1.
,<)>fu 1~ ~ ~ Yt(Jc&J
Notary Public
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
SHERRY A. KEKlAK
Notary Public, ~tate of New York
RegIStration No. 01KE6018498
Qualitled in Ene County II
My Commission Expires January 11, 2011
Printed Name
Commission No.
Expiration Date
Page 8 of 13
1 6 8 f7
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
WITNESSES: . . u.t
SItu~~
Witness Nam .' - 'l
~h,~
Witness Name: 1\..2>
NEW MAG POND, LLC,
a Florida limited liability company
lM
By:
David H. Baldauf, Manager
,
<><5
STATEOF~
. ) ss:
COUNTY OF [Iv. J.
The foregoing instrument was acknowledged before me, this ~ day of ~ ,2010,
by David H. Baldauf as Manager of NEW .MAGPOND, LLC, a Florida limited liability
company, on behalf of the company, who is (X) personally known to me or ( ) has produced
as evidence of identification.
SJ\I"~~(.dI
Notary Publi
)
NOT AR Y RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
Commission No.
Expiration Date
SHERRY A. KEKLAK
Notary Public, State ot New York
Registration No. 01KEfiOJ8498
Qualified in Erie Cuunty II
My CommISsion Expires January 11,20_
Page 9 of 13
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DEVELOPER AGREEMENT
WITNESSES:
NEW MAGPOND-A, LLC,
a Florida limited liability company
(A1lwJ
Witness Narne\ Q
-him ~~
Witness Name: D.~1-.tn<::-'
By:
IW)~ -
David H. Baldauf, Manager
STATE OF ~t'U.--, ~Ji( )
) 55:
COUNTY OF C"I)' ..12- )
16 81l
The foregoing instrument was acknowledged before me, this ~ day of ~ ,2010,
by David H. Baldauf as Manager of NEW MAGPOND-A, LLC, a Florida limited liability
company, on behalf of the company, who is ( 17 personally known to me or ( ) has produced
as evidence of identification. J
$hULA A~'.o( ,
Notary PublicO
NOT AR Y RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY A. KEKLAK
Notary Public, State of New York
Registration No. OtKE6018498
Qualified in Erie County
My CommiSSIOn Expires January 11, 20.11
Expiration Date
Commission No.
Page 10 of 13
SCHEDULE OF EXHIBITS
EXHIBIT A
EXHIBIT B
General Form of Replacement Drainage Easement
Graphic Rendering of Outfall
Page II of 13
16817
168 <7
JOINDER: NORTH PUD OWNER:
The undersigned on behalf of 1-75 ASSOCIATES, LLC, a Florida limited liability company, as
owner of approximately 25.29+/- acres of commercially zoned land in unincorporated Collier
County, Florida, in the Golden Gate Commerce Park Planned Unit Development, Ordinance No.
00-15, as amended (referred to as the "North PUD"), and as a party to the Developer Agreement
which was recorded on July 25, 2008 in ORB 4381, Page 1116 of the Public Records of Collier
County, Florida, hereby join in this First Amendment to Developer Agreement, for purpose of
acknowledging its consent to the Amendment.
WITNESSES:
1-75 ASSOCIATES, LLC,
a Florida limited liability company
WWn
Witness Nam(
1(/ fi-~I\ ~
,W ~ \
By: David H. Baldauf
Its: Manager
ct
J1rn OJ~~
Witness Name: .ki ~ C)vv.en S
Page 12 of 13
16B 7
STATE OF NE.u:l yn2.k6 )
) ss:
COUNTY OF F.1UF: )
The for~oing instrument was acknowledged before me this J.S:, day of
~iYI1Il( ,2010 by David H. Baldauf, Manager ofI-75 Associates, LLC, a
Florida limited Ii bility company, on behalf of the company, who is personallyL known to me
or has produced as identification.
WITNESS my hand and official seal this
day of 'N::.l:niI1^/
~A~
Notary Public
I~
2010.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
SHERRY A. KEKLAK
Hotary Public, 5tale of New York
Registration No. 01KE6018498
Quamied in Erie County 11
My Commission Expires January 11,20
Commission No.
Expiration Date
Page 13 of 13
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 1 OF 816 8 7
Project: Collier Boulevard (60092)
PARCEL: 112DE (Revised)
Folio No.: Portion of 00298120608
REPLACEMENT DRAINAGE EASEMENT
THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify,
supersede and replace that certain Drainage Easement recorded December 16, 2008
in Official Records Book 4413, at Page 3877, Public Records of Collier County, Florida,
as corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in
Official Records Book 4472, at Page 2065, Public Records of Collier County, Florida,
and is made and entered into this day of , 2010 by VICTORIA
ESTATES, LTD., a Florida limited partnership, MAG POND, LLC, a Florida limited
liability company, MAGPOND-A, LLC, a Florida limited liability company, MAGPOND-
B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited
liability company and NEW MAGPOND A, LLC, a Florida limited liability company,
whose mailing address is 8441 Cooper Creek Blvd., University Park, Florida 34201,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "County") and STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, whose mailing address is Post Office Box 1249, Bartow,
Florida 33831-1249 (hereinafter referred to as "FOOT") (County and FOOT shall be
referred to collectively as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive drainage easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to ditches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures over, under, upon and across the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon, provided, however,
that the rights granted herein are limited to run-off from the proposed six-lane condition
of Collier Boulevard, not to exceed 7.1 acres of right-of-way. The Grantee may not
utilize this Easement for drainage in excess of 7.1 acres of right-of-way nor for
drainage required for any other Collier or FOOT project or improvement, without the
prior written consent of Grantor. This easement DOES NOT give Grantee the right to
remove and use any excavated material. The easement granted herein shall constitute
an easement running with the land and shall burden the lands described above.
{
168 7
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 2 OF 8
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
WITNESSES:
VICTORIA ESTATES, LTD.
a Florida limited partnership
By: Benderson-Victoria, LC, a Florida LLC
Its: General Partner
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H. Baldauf, Manager of Benderson-
Victoria, LC, a Florida limited liability company, General Partner of Victoria Estates,
Ltd., a Florida limited Partnership, who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
WITNESSES:
MAG POND, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
Last Revised: 2/01/07
10'B7
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 3 OF 8
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of ,2010, by David H. Baldauf, Manager of Magpond,
LLC, a Florida limited liability company who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
WITNESSES:
MAGPOND-A, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H. Baldauf, Manager of
Magpond-A, LLC, a Florida limited liability company who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Last Revised: 2/01/07
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 4 OF 816 B 7
WITNESSES:
MAGPOND-B, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H. Baldauf, Manager of Magpond-
B, LLC, a Florida limited liability company who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial! Commission # (if any):
My Commission Expires:
WITNESSES:
NEW MAG POND, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
Last Revised: 2/01/07
EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 5 o~ 6 B 7
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H. Baldauf, Manager of New
Magpond, LLC, a Florida limited liability company who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial! Commission # (if any):
My Commission Expires:
WITNESSES:
NEW MAGPOND A, LLC
a Florida limited liability company
(Signature)
David H. Baldauf, Manager
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Replacement Drainage Easement was acknowledged before me this
day of , 2010, by David H. Baldauf, Manager of New
Magpond A, LLC, a Florida limited liability company who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial! Commission # (if any):
My Commission Expires:
Last Revised: 2/01/07
16B7
EXHIBiT .'/\'. TO "'il::ZST /\rIIENDMENT TO DEVELOP!:FI i\C3FZEEMENT PAGE Ii 8
I
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EXHIBIT "B" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT
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MAGNOLIA POND DRIVE
(60' ."nt-cl-Wey)
(Access Road No.2, pcr O.R. 1016, Pg.
363)
South riqht-of-woy line, ond the .0"
North boundory of M.f.CNOllA POND "4.J
DEVELOPMENT COMPAN'f. LLC
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South boundary of
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POINT OF' COMMENCE~Em
Southeast corner 01
the Northeast 1/4 of
Section J4-49-26
Soulhwnt corner of
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20.02
LEGEND:
O.R.---Offic;al Records Sook
Pg.---Page
NOTE: Bearings orc based on
the South boundary of the
Northeast "/4 of ,Section
34-49-26, hoving on _ assumed
bearing of S:8e'47'56"W: 20'
MAGNOLIA POND
DRAINAGE EASEMENT
fbi, Shieh of Ce$;rip!ion ..os 9f~pClr'd it! a:cordQl'lCO with
th. lolilllmum Technical Standard, sri forth by ttle Florida
Boord of Prcl"'tollol SUl'Vt')'Or1i &: Uopp.rt 1n OIopt1"
5ICI1w6.....Aot1'do Ac!m;ni$volive (e>de. pl,,'nIJal'lt to Section
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OA 10 ALAN W1LUAMS LS6 23
ruml(l.l. PR\:lFtSS(lt.W, SURV('Y'OR t UWtR NO. ....,"_~_.,...
NOT VAllO WfTHOOT THr SlCHAruRE AHD TH! OR\Q~
fU.'S(O SEAl or A. FlORIDA UCEh'S(O SuRVtYOR AND \.WIPER
PREPAACO ""HEIDT Be ASSOCIATES. Inc.
Tampa.) Fort Myers'" Sarasota Manatee ~ Brooksville
Culltlecte 0/ Authorlzctlon
Number LB 14B
eML ENGINEERING Port M~'ers Office
LANO SUR\IEYlNO 3600 Colon 'a I 8ou!l)vllrd
f>LANNlN Su,W 200
a Fort My!'l~. Fl.. 3-300<;>
Ef'.MRONMENTAL PMtHl- 239.462.7275
l.../l.NOSCAPEAACHrrECTURE FAX: ~39.<le2'21CJ
REV. LEGAl 6/10/09
Dote: 1 t/03/08 Orwn: CAW
rdtr No:$O\.w"'P~ hl('dAJN
DW9:WoIl-W~ P.C.: N/A.
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EC.3" TWN. 49 S. RNC.26 E.
MECT:
1 OF
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I~-e. 7
EXECUTIVE SUMMARY
3/~/zo\16B
7
Recommendation to approve an amendment to an existing developer agreement related to the Collier
Boulevard Mixed Use Commerce Center and the expansion of Collier Boulevard between Davis
Boulevard and the Golden Gate Main Canal regarding stormwater management improvements.
(Project No. 60092 - Fiscal Impact: $158,450.50)
OBJECTIVE: To obtain the approval of the First Amendment to a Developer Agreement originally
approved by the Board of County Commissioners on July 22, 2008.
CONSIDERATIONS: The original Developer Agreement, dated July 22, 2008, between Collier County
and the Developer provided, in part that the Dcveloper would accept stormwater runoff from a maximum of
6.6 acres of public right-ol~way in connection with the expansion of Collier Boulcvard between Davis
Boulevard and the Golden Gatc Main Canal. It has since bcen determined that the total acreage of Collier
Boulevard right-of-way from which storm water must be routed through and treatcd in the Developer's water
management system is 7.1 acres.
Furthermore, because a portion of the 7.1 acres of right-ol~way is limited access right-of-way for the
Interstate 1-75 interchange at Collier Boulevard, the Florida Dcpartment of Transportation (FDOT) has
requested that they be named as a co-grantee in the drainage easements granted to the County by the
Developer pursuant to the terms of the original Developer Agreement.
The First Amendment to Developer Agreement incorporates these changes to the original Developer
Agreement dated July 22, 2008.
FISCAL IMPACT: Since the Collier Boulevard Mixed Use Commerce Center PUD water management
system is not in place yet, the County will be responsible for installing pipe along the south side of
Magnolia Pond Drive to convey the stonnwater from the treatment pond on the commercial portion of the
PUD all the way to the MGG (Main Golden Gate) Outfall No. IS, where it will then be conveyed to the
Golden Gate Main Canal An engineer's estimate of the probable cost of this extra pipe is $158,350.
Sourcc of funds for project construction will bc road impact fees and gas taxes. In addition to the cost of the
pipc, fees to record the Replacement Drainage Easements which have had the FDOT added as a co-grantee,
will be $100.50.
However, it should be noted that with or without this amendment the County would have incurred this
additional cost to the project at this point in time, simply because the water management system for the
residential portion of the PUD is not yet in place. In lieu of reimbursing the County for the additional pipe
cost, the developer has agreed to provide an additional .5 acres of stonnwater capacity. The value of the
additional capacity is difficult to ascertain by itself as it is included within the existing treatment pond area,
however, if the County wcre to seek this capacity outside of the treatment pond area it would far exceed the
valuc of the additional pipc.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is sufficient for Board action. JAK
168 7
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve
the First Amendment to Developer Agreement presented herewith, and authorize its chairman to execute
same on behalf of the Board.
Prepared by: Kevin Hendricks, TECM Right-of-Way Acquisition Manager
Attachments: (I) First Amendment to Developer Agreement with Exhibits "A" and "B;" (2) Original
Developer Agreement dated July 22,2008