Agenda 03/26/2019 Item #16F 203/26/2019
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement with GC II, LLC to provide for the
extension of the option closing deadline for the 2.5 +/- acres that would increase the base footprint
of the future Sports Complex.
OBJECTIVE: To extend the option closing deadline.
CONSIDERATIONS: On December 12, 2017, Agenda Item I IF, the Board approved an Agreement for
Sale and Purchase (Agreement) that authorized the acquisition of a parcel of land identified as Parcel A
comprising 61 +/- acres and the lease/option parcel of land identified as Parcel B comprising of 5.69 +/-
acres. Parcel A was closed on May 4, 2018 and 4.83 acres of Parcel B closed on March 5, 2019.
Section 15.01 of the Agreement provided that Seller and Purchaser agreed that the base footprint of the
Sports Complex could vary by plus or minus 2.5 acres. For a period of one (1) year after closing,
Purchaser may, based on its final design plans, request an adjustment no greater than 2.5 acres. Purchaser
and Seller desire to extend the period for exercise of the option and closing allowed by Section 15.01.
To that end, an Amendment to Section 15.01 of the Agreement is proposed to extend the time Purchaser
may acquire the 2.5 -acre parcel to October 11, 2019. The purchase price is $200,000 per acre, which
equals Five Hundred Thousand Dollars ($500,000). Seller may further extend the closing to January 10,
2020 by written notice to the Purchaser on or before September 20, 2019. The additional 2.5 -acre parcel
is described in Exhibit "1" to the attached proposed Amendment to Agreement.
Seller and Purchaser shall continue to explore the possibility of a joint parking project on the 2.5 -acre
parcel. If such proves productive, then a further amendment embodying the terms and containing such
representations, warranties, covenants and conditions would be presented to the Board for approval.
The Amendment to Agreement has been reviewed and approved by counsel for both parties.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
FISCAL IMPACT: There is no fiscal impact at this time.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. --JAB
RECOMMENDATION: To approve the Amendment to Agreement and authorize the Chairman to
execute the Amendment to Agreement.
PREPARED BY: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. City Gate Agreement (PDF)
16. F.2
Packet Pg. 1091
16.17.2
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.2
Doe ID: 8360
Item Summary: Recommendation to approve an Amendment to Agreement with GC II, LLC to
provide for the extension of the option closing deadline for the 2.5 +/- acres that would increase the base
footprint of the future Sports Complex.
Meeting Date: 03/26/2019
Prepared by:
Title: Property Management Specialist, Senior — Facilities Management
Name: Michael Dowling
03/18/2019 3:58 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
03/18/2019 3:58 PM
Approved By:
Review:
Public Utilities Department
Public Utilities Department
Facilities Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Budget and Management Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Dan Rodriguez
Additional Reviewer
Dan Rodriguez
Additional Reviewer
Damon Grant
Director - Facilities
Jennifer Belpedio
Level 2 Attorney of Record Review
Laura Wells
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
Additional Reviewer
Susan Usher
Additional Reviewer
Leo E. Ochs
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
03/18/2019 4:34 PM
Completed
03/18/2019 4:35 PM
Completed
03/19/2019 10:11 AM
Completed
03/19/2019 10:48 AM
Completed
03/19/2019 10:58 AM
Completed
03/19/2019 1:16 PM
Completed
03/20/2019 10:01 AM
Completed
03/20/2019 10:17 AM
Completed
03/20/2019 12:21 PM
03/26/2019 9:00 AM
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AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this day of March, 2019, by
and between. CG II, LLC, a Florida limited liability company, (hereinafter referred to as "Seller"),
whose mailing address is 121 S. Main Street, Suite 500, Akron, OH 44308, and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is
3335 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "County" or "Purchaser").
WITNESSETH
WHEREAS, the Seller and County have previously entered into an Agreement for Sale and
Purchase ("Agreement") dated December 12, 2017 for a certain parcel of land ("Parcel A") and the
lease/option of a certain parcel of land ("Parcel B"); and
WHEREAS, on May 4, 2018, the County's purchase of Parcel A was closed.
WHEREAS, on March 5th, 2019, the County's purchase of a 4.83 -acre portion of Parcel B was
closed.
WHEREAS, Section 15.01 of the Agreement, which was to survive closing, provided that
Seller and Purchaser agreed "that the entire Sports Complex Properties are a base footprint and may
vary by plus or minus ("+ or —") 2.5 acres. For a period of one (1) year after closing, Purchaser may,
based on its final design plans, request an adjustment no greater than plus or minus ("+ or —") 2.5
acres. Purchaser will be responsible for all costs of modifying the Plat or Re -Plat and will receive a
commensurate refund for any reduction in land or shall pay the commensurate price for any additional
land".
WHEREAS, the Purchaser and the Seller are desirous of amending Section 15.01 of said
Agreement to refine said provision and extend the time for Closing of the transaction to and including
October 11, 2019.
NOW THEREFORE, in consideration of the mutual covenants and obligations provided
within the Agreement, and other valuable consideration, Section 15.01 is hereby amended in its
entirety to:
Seller and Purchaser agree that the Purchaser may acquire the 2.5 -acre parcel as described in
Exhibit "A" ("2.5 Acre Property") for $200,000 per acre, equal to Five Hundred Thousand Dollars
($500,000.00), to incorporate the Property into the Collier County Sports Complex and Event Center.
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16.F.2.a
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Closing shall occur on October 11, 2019. Prior to Closing, Seller shall complete a Re -Plat through
the Collier County Growth Management Division which will establish the boundaries of the Property
as set forth in Exhibit "I". At Closing, Purchaser will reimburse Seller for all costs of the Re -Plat.
Seller may extend Closing to January 10, 2020 by written notice to the Purchaser on or before
September 2W', 2019.
Seller and Purchaser will continue to explore the possibility of a joint parking project on the
2.5 Acre Property. If such proves productive, then a further Amendment embodying the terms and
containing such representations, warranties, covenants and conditions as shall be agreed between
Seller and Purchaser, would need to be executed.
Except as expressly amended herein the said Agreement between the Purchaser and County
remains in full force and effect according to the terms and conditions contained therein, and said terms
and conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and County have hereto executed this Amendment
the day and year first above written.
DATED:
ATTEST:
Crystal K. Kinzel, Clerk of the
Circuit Court
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney �°� N
45\�
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
William L. McDaniel, Jr., Chairman
16.F.2.a
0Packet Pg. 1094
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
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CG II, LLC, a Florida limited liability company
BY:
Joseph R. Weber, Vice President
16.F.2.a
Q
Packet Pg. 1095
DESCRIPTION
A PARCEL OF LAND
LYING IN A PORTION OF
LOT 23 AND TRACT R-3, CITY GATE COMMERCE PARK PHASE THREE
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLL.ER COUNTY, FLORIDA
A PARCEL OF LAND LYING IN A PORTION OF LOT 23 AND TRACT R-3, CITY GATE COMMERCE PARK PHASE THREE, AS RECORDED
IN PLAT BOOK 63, PAGE 84, OF THE PUBIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 35, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE AFOREMENTIONED LOT 23, THENCE S.00'46'37"E. ALONG THE EAST LINE OF SAID
LOT 23, A DISTANCE OF 703.30 FEET TO AN INTERSECTION WITH THE EAST PROLONGATION OF THE SOUTH LINE OF SAID LOT 23;
THENCE S.89'00'01"W. ALONG SAID EAST PROLONGATION AND SAID SOUTH LINE: OF LOT 23, A DISTANCE OF 154.73 FEET; THENCE
N.00'46'37"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 703.89 FEEL TO AN INTERSECTION WITH THE NORTH LINE OF SAID
LOT 23; THENCE N.89'13'05"E. ALONG SAID NOR1H LINE, A DISTANCE OF 154.73 FEET TO THE POINT OF BEGINNING.
DESCRIBED PARCEL CONTAINS 108,867 SQUARE FEET OR 2.50 ACRES, MORE OR LESS.
TRACT RL
PARCEL No. 26095004189
CG d LLC
N89'13'05"E 154.73'
N. :i,W, 0f (0, 23
50' D£
0 LOT 27
z
r�
Lq
C7
U
50' DE
0
(ORB 5505, rG 3922)
10' PUE
LOT 2.1
I
PARCEL No. 26095004723
•-
CC
-_
CITY GATE-Offh'VARD Sob-
F ch
c
CT
-- PARCEL No 26095004163 CG. 11 LLC TRACT R-3 ..
PROLONGATION OF
S. LINE OF LOT 23 -
dam'
a m
F P. 0. B.
Il N, !HFAST CORNFR OF 107 23,
CIN GAT COMMERCE CENTER
PhAS£ THREE
(P6 63, PG 84)
F116LIC RECORDS Of
COLLIER COUNTY, FLORIDA
L/N!- OF LOT 23
- 2.5"
-50' DE
& A£
LOT 2B
PARCEL No. 26095004646
M COLLIER COUNTY
O v cv (ORO 550.5, PG 3925)
Imo` ? ti
LIJ L'� O
Maw
0W
O
$ I
0 LOT 27
z
,I
PARCEL No. 16095004820
I
COLLAR COUNTY
50' DE
(ORB 5505, rG 3922)
10' PUE
I
_
•-
. - A PORTION OF TRACT R 3
-_
CITY GATE-Offh'VARD Sob-
_
CT
-- PARCEL No 26095004163 CG. 11 LLC TRACT R-3 ..
PROLONGATION OF
S. LINE OF LOT 23 -
-
i
— — -:
S. UNE OF LOT 23
N89°00'01"E 154.73'
a I
LOT 26
IOT 25
I PARCEL No. 260950048C4
a
PARCEL No. 26095004781
COLLIER COUNTY
CG 11 LLC
I (ORB .5505, PG 3919)
NOTES
1. THIS IS NOT A BOUNDARY SURVEY, NOR 'S IT INTENDED TO
BE USED AS ONE.
2, COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN
v FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM
y OF 1983 (NAD83), 2011 ADJUSTMENT.
i 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF
LOT 23, PLAT OF CITY GATE COMMERCE CENTER PHASE
THREE, WHEREIN SAID EAST LINE BEARS S.00'46'37"E.
4. PARCEL CONTAINS 108,867 SQUARE FEET OR 2.50 ACRES,
MORE OR LESS.
0 5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK
7. PB PLAT BOOK
8. PG = PAGE
i 9. PUE = PUBLIC UTILITY EASEMENT
0 10. DE = DRAINAGE EASEMENT
11. AE = ACCESS EASEMENT
12. SQ. FT./AC. = SQUARE FEET/.ACRES
•
JOHNSON ENGINEERING, INC.
2350 STANFORC COURT
NAPLES, FLORIDA 34112
PHONE: (239) 434-0333
E N G I N E E R I N G
EFA343661
x:#6429&3L.8- (642
EXHIBIT
Pageot
0 75. 150 300
(INTENDED DISPLAY SCALE: 1 "=300')
NOT A SURVEY
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
SKETCH WERE PREPARED IN ACCORDANCE WITH THE
APPLICABLE PROVISIONS OF CHAPTER 5J--17.05,
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
CHAPTER 472, FLORIDA STATUTES.
Barry E. Syre
ux<:zn ao �.n 15 5V0 oa'oo'
BARRY E. SYRF_N (FOR THE FIRM L.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5365
DATE SIGNED: O /20I9
03i
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
SKETCH AND DESCRIPTION
A PARCEL OF LAND
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
03-11-19 1 2018'.328 I 35-49-26 I I"=100' 1 1 OF 1
Packet Pg. 1096