Backup Documents 06/22/2010 Item #16K 4�p�c. cv a5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAU K `)�
�'
Print on pink paper, Attach to original document. Original documents should be hand delivered (o the Board Office . 'rhe completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complele routing lines tt I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exeemion fthe, Chairman's soo a an, draw a line Ihrmmh routine lime U 1 Ihrnunh k4 rmmolm, the checklia nnrd forward to co, P,krso flr.. s51
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
Agenda Date Item was
2.
Agenda Item Number
16K4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3.
Type of Document
Contribution Agreement
Number of Original
4.
Attached
resolutions, etc. signed by the Comity Attorney's Office and signature pages from
Documents Attached
5. Ian Mitchell, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(rhe primary contact is the holder of (he 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 Site Filson, need to contact stab 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
tem )
Name of Primary Staff
Nick Casalanguida
Phone Number
252 -6064
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
06 -22 -10
Agenda Item Number
16K4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Contribution Agreement
Number of Original
l
Attached
resolutions, etc. signed by the Comity Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHF,CKLIST
I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 .05, Fes ised 2.24.05
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/initiated 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 Attomey. This includes signature pages from ordinances,
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resolutions, etc. signed by the Comity Attorney's Office and signature pages from
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
Office and all other parties except the BCC Chairman and the Clerk to the Board
N/A
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.
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4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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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
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time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 06 -22 -10 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
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County Attorney's Office has reviewed the changes, if applicable.
I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 .05, Fes ised 2.24.05
INSTR 4446398 OR 4580 PG 1977
RECORDED 6/28/2010 9:03 AM PAGES 3 16 K 4 '
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27 00
SECOND AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY
CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS
THIS SECOND AMENDMENT ( "Second Amendment ") is made and entered into this
_rd day of 201u, by and between Collier Land Development, Inc., a
Florida corporation (hereinafter referred to as "Developer ") and CDC Land Investments, Inc., a
Florida corporation, formerly known as Collier Development Corporation, a Florida corporation
(hereinafter referred to as "CDC "), which, along with their respective successors and assigns,
may be jointly referred to as "CDC /Developer," 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 parties entered into that certain Standard Form Collier County
Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and recorded in
Official Records Book 3138, Page 2357 of the Public Records of Collier County, Florida
(hereinafter the "Contribution Agreement'); and
WHEREAS, the parties entered into that certain First Amendment to October 22, 2002
Standard Form Collier County Contribution Agreement for Road Impact Fee Credits and Second
Amendment to October 14, 2003 Companion Agreement regarding the Lely Area Surface Water
Drainage Improvements dated April 22, 2008, a copy of which is recorded in Official Records
Book 4356, Page 714 of the Public Records of Collier County, Florida (the "First Amendment ");
and
WHEREAS, paragraph 32 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, 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, Developer and County have agreed to amend the Contribution Agreement
and the Companion Agreement, as amended, as provided herein.
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 First Amendment, modifying Paragraph 20 on Page 10 of the
Contribution Agreement, is hereby amended as follows:
PMB 387783.5
16K4
2009, is he"b, a period of five (5) years to October 22, 2014. Impact
fee credits or cash payment shall run with the land in perpetuity, interest free, until
used or assigned."
3. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement and the First Amendment to Companion Agreement shall remain in full
force and effect.
4. If there is any conflict between this Second Amendment and the Contribution
Agreement, the Companion Agreement or the First Amendment to Companion Agreement, the
provisions of this Second Amendment shall prevail.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
Signed, sealed and delivered
in the presence of:
Witness
Print Name: "V
Win eSS cb•, -a-ti- —
Print Name: L w �
STATE, OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND DEVELOPMENT, INC., a
Florida corporation
By: Pa
PrintNamc: I a +e r
Title
Date: r 1 I / L�
�
--H
_ The foregoing instrument was acknowledged before me this day of !_Nt-
< j ( ;, t l � j!r , r , as 1'- e � , , 'L_ of Collier Land Development,
corporation. Ile /She is personally known to me, or [ ] has produced driver's license no.
as identification.
SEAL
SA" ENMDY
-k ur4E
I MY COMMISSION A DO 823387
EXPIRES:OtlW28,2010
�..,
PMn 387783.5
NOTARY PUBLIC —�
Printed Name:
Commission Expires: (_� ;. / ;ti
T
[signatures continue on following page]
-2-
2010, by
Inc.. a Florida
Signed, sealed and delivered
in the presence of:
Witness
Printed Name: "4
q
16K4
CDC LAND INVESTMENTS, INC., a Florida
corporation f /k/a Collier Development
Corporation, a Florida corporation
By: vLl v'
Print Name: I hcrNas f– loo
Title: —41v-c -s t CL e-V `'
witness
Printed Name L�vcn,� h • r,&c4) rl. Date: 9 1 10
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me thisq+44 -day of �TLt-Ke_ 2010 by
Th►ril3S�o� as ve_Sl d++�� _ of CDC Land Investments, Inc., n Florida corporation,
f /k/a Collier Development Corporation, a Florida corporation." Re/ /She is personally known to me, ,_ hag
................................ ...........
..:
JFAL DEBORAH A. BROWN
.s+T_iWr ka CWMnkDD08=19
E)OM 10/18/2012
V51. Flaky NabvyAwn.. Inc
............................................
Attest:
DWIGHTE,,B'.I�OCK, Clerk
By
NO ARY PUBLIC
1��bd. -alp ►a _�_ro-,a�.l
Printed Name:
Commission Expires: —1b J (e 1 Z
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
�.
By: (,
Clerk FRED W. COYLE, CHA AN
-3-
PM .B 387783.5