Agenda 05/26/2009 Item #16B10
Agenda Item No. 16B10
May 26, 2009
Page 1 of 46
EXECUTIVE SUMMARY
Recommendation to approve the Amended and Restated Developer Contribution
Agreement between Marbella Lakes Associates, LLC, herein referred to as "Developer",
and Collier County, herein referred to as "County", for the conveyance of right-of-way
within the Green Boulevard Extension corridor and also approve a modification to the
prior agreement.
OBJECTIVE: To obtain Board approval of an Amended and Restated Developer Contribution
Agreement (the "Agreement") between Developer and the County for the conveyance of right-
of-way within the Green Boulevard Extension corridor consistent with PUD Ordinance 03-23
and prior BCC direction. Further, to modify the terms of the prior DCA.
,.,,-,
CONSIDERATION: The Livingston Village PUD Ordinance 03-23, Section II, Subsection
2.20-L provides for the reservation of right of way along its northern property line for use as part
of the potential future extension of Green Boulevard from Santa Barbara Boulevard to
Livingston Road, and/or the future east-west extension of Whippoorwill Lane to Livingston
Road. The reserved acreage is broken into two segments, a "Western Roadway Reservation
Area" and an "Eastern Roadway Reservation Area" (see attached map). The reservation was set
to expire on January 15, 2006 unless the County took action to approve the exchange of right-of-
way for impact fee credits. On January 10, 2006, the Green Boulevard Extension Study initial
findings were brought to the BCC (Item toe) and a recommendation was made to request the
dedication of right-of-way within the Livingston Village PUD to accommodate the potential
future extension of Green Boulevard. The BCC voted unanimously to accept the dedication. The
Western Roadway Reservation Area was dedicated at no cost to the County in the Plat of
Marbella Lakes (Plat Book 46, Pages 77 through 82) recorded on July 14, 2006. The Eastern
Roadway Reservation Area has yet to be dedicated to the County. Per the PUD, the Eastern
Roadway Reservation shall be dedicated in exchange for impact fee credits based on the fair
market value at the time of rezone approval. An appraisal was completed in May of 2003 and the
value of the Eastern Roadway Reservation Area was determined to be $709,000. The present day
value has been estimated at approximately $840,000.
-
The original DCA with Tousa Homes, Inc. (TOUSA) was approved on October 10, 2006.
TOUSA has since filed bankruptcy without completing all of the obligations within the first
DCA. Marbella Lakes Associates LLC purchased the Livingston Village PUD on June 9, 2008.
Per the original DCA, the Developer was to design, obtain permits and construct Whippoorwill
Way from the main entrance of the Development to the existing southerly terminus of
Whippoorwill Lane at Stratford Place. The design and permitting was completed, but
construction was not initiated. The County and the Developer have agreed to amend and restate
the agreement such that all prior commitments to construct the Whippoorwill connection have
been terminated, approved construction plans shall become the sole property of the County and
the conveyance of the Eastern Roadway Reservation shall proceed consistent with prior BCC
approval and PUD Ordinance 03-23. Construction for the Whippoorwill extension can be
deferred due to lack of demand and shall be completed by the County when funding becomes
available. The current CIE and budget restraints have prioritized Oil Well Road, Davis
Boulevard and Collier Boulevard ahead of smaller projects such as Whippoorwill.
Agenda Item No. 16B10
May 26, 2009
Page 2 of 46
FISCAL IMP ACT: The Developer Contribution Agreement shall establish a road impact fee
credit in the amount of $709,000. This road impact fee credit shall be established in road impact
fee District 2.
GROWTH MANAGEMENT: This Agreement is consistent with the Growth Management
Plan. The construction of this roadway is consistent with the Long Range Transportation' Plan.
LEGAL CONSIDERATIONS: The County Attorney worked with staff in drafting this
Agreement, which is legally sufficient for Board action. This is a regular agenda item requiring
simple majority vote. - JAK
RECOMMENDA TION: That the Board of County Commissioners approves the Agreement,
and authorizes the Chairman to execute the Agreement on behalf of the County.
Prepared by: Nick Casalanguida, Director, Transportation Planning Department
Attachments: 1) Amended and Restated Developer Contribution Agreement; 2) Appraisal; 3)
Reservation Area Map; 4) Exhibit A; 5) Exhibit B; 6) Exhibit C; 7) Exhibit D; 8) Exhibit E; 9)
TOUSA DCA
~-
Page 1 of 1
Agenda Item No. 16B 10
May 26, 2009
Page 3 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16B10
Item Summary:
Recommendation to approve the Amended and Restated Developer Contribution Agreement
between Marbella Lakes Associates, LLC, herein referred to as "Developer, and Collier
County, herein referred to as County, for the conveyance of right-of-way within the Green
Boulevard Extension corridor and also approve a modification to the prior agreement.
Meeting Date:
5/26/200990000 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/7/200910:23 AM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
5/7/200912:25 PM
Approved By
Gloria Herrera
ManagemenUBudget Analyst
Date
Transportation Services
Stormwater Management
5/7/20092:55 PM
Approved By
Therese Stanley
Transportation
Grants Coordinator
Date
Transportation Administration
5/8/2009 1 :38 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/11/20092:32 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
Date
5/12/2009 8:58 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
5/12/20093:36 PM
Approved By
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
5/14/2009 9:24 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/18/20099:53 AM
file://C:\AgendaTest\Export\ 130-May%2026,%202009\ 16.%20CONSENT%20AGENDA \ I... 5/20/2009
Agenda Item No. 16B 10
May 26,2009
Page 4 of 46
KENNETH R. DEVOS, MAl, SRA
State-Certified GeomU Appraiser #0000703
8359 Beacon Boulevard, Suite 411
Fort Myers, Florida 33907
(239) 437-2245 FAX (239) 437-2250
PAGER (239) 277-2100
May 24, 2006
Mr. Harry C. Henderson, SRA
Collier County Transportation and Right Of Way
2685 S. Horseshoe Drive
Suite 214
Naples, Florida 34104
RE: Appraisal of Reserved Green Blvd Right of Way
Future Green Blvd east of Livingston Road
Naples, Collier County, Florida
PO # 4500062606
Dear Mr. Henderson:
In accordance with your request, I have made an appraisal of the properties more specifically
described in the body of this report for the purpo",e of estimating the market values of the fee simple
interest. By Market Value is meant the most probable price in terms of money that a property should
bring in a competitive and open market under all conditions requisite to a fair market sale; the buyer
and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue
stimulus. The site is valued based upon its "as is" condition. The function of this report is to serve
as the basis for acquisition of the property described within this report. This is a complete report in
summary format
The date of the value estimate is May 12,2003 which was the date prior to the approval of the PUD
for the property of which this right of way is a part. I have thoroughly analyzed the physical,
sociological, economic, and governmental factors which influence the property's value. Based on
my investigation and analyses, it is my opinion that the market value of the fee simple interests of
the subject sites is:
SEVEN HUNDRED NINE THOUSAND DOLLARS
($709,000)
The following pages present the data and discussions which fonn the basis for our value
conclusions.
RF,A 1. F,~T A TF. A PPR A NFRS & C.ON~llT.T ANTS
Agenda Item No. 16B10
May 26, 2009
Page 5 of 46
LEITER OF TRANSMITIAL
PAGE TWO
Information and statements furnished to the appraisers and contained in this report were obtained
from sources considered to be reliable and believed to be true and correct. However, no
responsibility for the accuracy of such items furnished the appraiser can be asswned by the
appraiser.
Disclosure of the contents of this report is governed by the By-Laws and Regulations of the
professional appraisal organizations with which the appraiser is affiliated. Neither all nor any part of
the contents of this report or copies thereof shall be used for any purpose by anyone but the client
specified in this report.
To the best of my ability, the analysis, opinions and conclusions were developed and the report was
prepared in accordance with the standards and report writing requirements of the Appraisal Institute
and USP AP. This appraisal is also subject to the underlying assumptions and contingent conditions
contained in the attached report.
I appreciate this opportunity to have been of service to you. If you have any questions with regard to
this matter, please let me know.
Respectfully submitted.,
Kenneth R. Devos, MAl, SRA
State-Certified General Appraiser
#0000703
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EXHIBIT D
Agenda Item No. 16810
May 26, 2009
Page 10 of 46
PROJECT: :
PARCEL:
FOLIO:
WARRANTY DEED
THIS WARRANTY DEED made this day of ,20_, by,
whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a
political subdivision of the State of Florida, whose post office address is 3301 Tamiami
Trail East, Naples, Florida, 34112 (hereinafter referred to 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: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate 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 HOMESTEAD PROPERTY
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
Agenda Item No. 16810
May 26, 2009
Page 11 of 46
WITNESSES:
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this
, 20_, by , who:
day of
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: 2/6/07
EXHIBIT E
Agenda Item No. 16B10
May 26, 2009
Page 12 of 46
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
Impact fee ledger
~ Beginning Balancel
$709,000.001
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beainnina Balance $709,000.00
Retn:
CLERK TO THE BOARD
INTRROPFICB 4TH FLOOR
BIT 7210
3919084 OR: 4124 PG: 2172 AgEUtlCf~mNo15t~10
RBCORDBD in the OnICIAL RECORDS of COLLIER COUNTY, FL COPUS May 2~ ~09
10/19/2006 at 01:00PK DWIGHT B, BROCK, CLERK Page 1 0 46
DEVELOPER CONTRIBUTION AGREEMENT
MARBELLA LAKES
THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and
entered into this ~day ofcx.....\o~~ ~ 2006~ by and between Tousa Homes~ Inc.~ a
Florida corporation ("Developer")~ with an address of 12550 New Brittany Boulevard~ Suite 101~
Fort Myers~ Florida 33907~ and The Board of County Commissioners of Collier County~ Florida~
as the governing body of Collier County ("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.
R E C I TAL S:
WHEREAS, GMAC Model Home Finance, LLC, a Delaware limited liability company
("MHF") is the owner of that certain parcel of real property located in the County~ described on
Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHE~AS~ pursuant to c~~n Developer and ~H~, Developer
holds an optIon to purchas~,. ~~rty and IS ob1~~ 0 develop certam mfrastructure
improvements on the propei~1
WHEREAS~ the Prqpe ffo ~ elo d as. residential community to be
known as "Marbell. Lakes" fth v fPIT~)
WHEREAS~ the C~I ~ De e ~~... ign~ obtain permits for and
construct Whippoorwill wal~~. th.e main entranc~ th. C.";s>liW ........ nity to the existing southerly
terminus of Whippoorwill L '- . tratford Place (the1~eclQ.~ d
1" ' h'U1
WHE.REAS~ Developer h~, ~~'p~ject on the terms and conditions
set forth herem; and ,~;..//
WHEREAS~ the Transportation Administrator has recommended to the Board of County
Commissioners that the Project is in conformity with contemplated improvements and additions
to the County~s transportation network and that this Agreement will be advantageous to the
public; and
WHEREAS, after reasoned consideration by the Board of Commissioners~ the Board has
authorized the County Attorney to prepare this Agreement with the Board finding that:
a. The Project is in conformity with the contemplated improvements and additions to
the County's transportation system;
b. The Project, viewed in conjunction with other eXlstmg or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity ofthe County's road impact fee trust account in such a way as to frustrate
OR: 4124 RG:hd21JrJNo. 16810
May 26, 2009
Page 14 of 46
or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the County's transportation system;
c. The Project is consistent with both the public interest and with the County's
existing comprehensive plan;
d. The Project is consistent with the most recently adopted five-year capital
improvement program for the County's transportation system; and
WHEREAS, Developer has paid the required Two Thousand Five Hundred Dollar
($2,500.00) application fee for this Agreement.
WIT N E SSE T H:
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 foll. ~~.R. C....,..O~.
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I. All of the above I'\...... .ALS are true ~rorrect and are hereby expressly
incorporated herein by reference asJ"\,set fort~ fully ~Iow. \\\
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2. Attached as Exhibit "i~~e~~~afJtro~ing the Development and the
Project. Attach~d as ~xhi~itslrlf3t I ~ )l~~~\.~. \Sp~cifications . for th: Proj.ect.
Developer, conSIstent WIth ~i e.~,!~~:~l.:~P ~l (aPPhC~~~ l~~ and regulatIons, WIll deSIgn,
obtain all. permit~ and .build ~P{oJect in accordan~wit " XIy~"BI-B~" and shall provide. a
constructIon engmeer mspect~~roved by the Co~o ~~e'~7 the Project. The County WIll
also inspect the roadway to en~ '-it meets all appliciiliW OOd~i and regulations. Construction
w?rk. and drainage improvemen~ ~.b:l:e sufficient.-~)~uth Florida Water M~age~ent
D~stnct standar?s. D~veloper shan'-n,~t>"~'~ ~modIfy. the P~ans and SpecIficatIOns
WIthout the pnor wntten approval o~~th~:-/ ConstructlOn WIll be programmed to
commence no later then one year from the approval of this Agreement, and will be substantially
completed within one year of approval of all permits, The County may extend the start date if the
Developer is delayed in obtaining the necessary permits through no fault of his own. Developer
will provide prompt written updates as to the status of the Project following written request by
County Transportation staff. It is intended (but not guaranteed) that following completion of the
Project, signalization shall be installed at the intersection of Whippoorwill Way and Livingston
Road, if warranted. If installed, Developer shall pay its fair share of total costs incurred for the
signalization of the intersection of Whippoorwill Way and Livingston Road. Developer's fair
share shall be a percentage of the cost based on the number of users which will access the traffic
signal.
3. Attached as Exhibit "C" is a Final Certified Estimate of Probable Costs prepared by
Developer's Professional Engineer. As set forth in Exhibit "C," the estimated cost of the Project
is $1,271,813.96. In the event that there are any changes in the plans or costs for the Project,
Developer shall submit a change order to the County, and may petition the County for the
2
OR: 412~l~cfa ,fet7~o. 16B10
May 26, 2009
Page 15 of 46
additional costs of the Project, as set forth in the change order. The cost estimate includes Thirty
Thousand Dollars ($30,000) for mitigation costs. This amount is an approximation and is subject
to changes in mitigation credit prices at the time the credits are secured. Except for mitigation
costs, total project costs eligible for impact fee credits shall not exceed $1,435,131.32, which
includes a 15% contingency factor.
4. Attached hereto as Exhibit "0" is a copy of the Impact Fee Ledger setting forth the
amount of Impact Fee Credits granted pursuant to this Agreement, which shall be adjusted to
conform to all approved change orders and actual mitigation costs. In the event that the actual
cost of designing, permitting and constructing the Project is less then the Final Certified Estimate
of Probable Costs, as modified by approved change orders, then Exhibit "D" shall be amended to
reflect these reduced costs. These road impact fee credits may be assigned or otherwise
transferred from the Development to another development by written agreement executed by the
County, provided that both developments are owned by Developer and are within the same
impact fee district. No such assignment or transfer of impact fee credits shall be allowed until
the Development has been completed, and such assignment or transfer must fully comply with
the ~ollier County .Consolidated Impa~~e credit for road im.pact fees identified
herem shall run WIth the Develo~~~~~~uced by the entIre amount of each
road impact fee due for each b~g-'~rmit issued ih!l'-until the Development project is
either completed or the creditS' ~exhausted or otherwis no"tonger available, or have been
assigned by operation of or fur~~an . . . agree ent-, with County. The foregoing
reduction in the impact fee rredf/~ b c ~he \unount of the impact fees in
effect at the time the buildinj! ~PVsR. ~~ t 'j"eloper's obligation to notify the
County that a credit is avail~l\~ i~ permit s a.lPplifd for in the Development.
~.~.\' \'1< 1 l~/
. 5. !he. County sha~l \g(~ to Develo~er a rW!t:-01-w~~ermit over that portion of the
Project WhICh IS located WIth)~~. Cooununtyty n ngghntt--oOlf--ww.~a~)t~.&able Developer to complete the
Project Improvements. ~!?I>~0-V
6. As described in Exhibit '~~~~~l")' approximately 4,000 square feet
of land to be utilized in the Project is located on lands owned by MHF which is not otherwise
reserved for County right-of-way. Within 60 days from written request by the County, but no
later then Developer's completion of the Project, Developer shall cause MHF to dedicate and
convey the Dedicated Parcel to the County, the fair market value of which parcel MHF and the
County agree to be $18,365.48, which was defined in the Livingston Village PUD as fair market
value at the time of adoption of the Livingston Village PUD. In exchange for such conveyance,
the County shall provide to the then-current owner of the Dedicated Parcel, at County's option,
the same sum in either cash or in road impact fee credits, or some combination thereof, in the
manner set forth by the then-current Collier County Consolidated Impact Fee Ordinance. This
conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty
deed, the form of which is attached hereto in Exhibit "F". The County will be responsible for
paying the costs of any title work and searches, and Developer shall be responsible at all costs for
promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work.
Upon receipt, the County shall record the deed in the Public Records of the County and shall
assume the costs associated with the recordation. With respect to this provision, time is of the
3
OR: 412~gPGta 1~:1~'6:~~6g
Page 16 of 46
essence. It is acknowledged that Developer's failure to cause the prompt conveyance of the
Dedicated Parcel to County, as set forth herein shall result in actual damages to County. In that
actual damages are difficult to ascertain with substantial certainty, the parties agree that
Developer shall pay to County as liquidated damages the sum of $1 ,000 per day for each day past
the above 60-day deadline that the warranty deed is not delivered to County. Such liquidated
damages will be paid in place of County's claims for actual damages, and. may be used as an
offset to the Impact Fee Credits granted herein.
7. The parties agree to perform or cause to be performed any and all further acts as may
be reasonably necessary to complete the transactions contemplated herein, including, but not
limited to, the execution and/or recordation of further instruments. The parties will reasonably
cooperate with one another to coordinate and achieve the construction of the Project.
8. All notices, elections, requests, and other communications hereunder shall be in
writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3)
business days after being deposited in the United States mail, postage prepaid, to the above-listed
address of the recipient; (c) the next b~after being deposited with a recognized
ovemi~ht. mail or courier delivery/,ge~~ i;l ~~"transmitted by facsimile or telecopy
transmission. ~.l;.."';'\/- -- V.i'~,. '
/ L/ .r-
9. Nothing in this A~rfement is inte~ate a P{lrtn}ship or joint venture between
the parties and none of the partiJ to ~.eement s~all be donstrued under this Agreement as
beingpartnersorjOinlventrs~~jQ lTI\ !
10. This Agreemenl\~~~ th~iebi this Agreement and no right
or cause of a~tio~ sha~l accnk~{eason hereof to ?f'~: th1. b<;?.5IY of any third party not a party
hereto. Nothmg m thIS Agre~Frtt" expressed or Im~d{ I''J~(fnded or shall be construed to
confer upon or give any persottfr 'entity any right, rem~~: ttr'Ctaim under or by reason of this
Agree~ent or any p:ovisio~s Or.'.f0}1~~,;~~~/t6an the parties hereto and their
respectIve representatIves, heIrs, success0rJ and asSl~ ,/
'-~:.~-_.~~'
11. If any provision of the Agreement, the deletion of which would not adversely affect
the receipt of any material benefits by any party to this Agreement or substantially increase the
burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent
by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the
validity or enforceability of the remainder of this Agreement.
12. MHF shall have no liability whatsoever for any obligations hereunder. By execution
hereof, MHF, as the owner of the Property, joins in and consents to the terms of this Agreement.
13. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as
otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written
consent of the parties hereto or by their successors in interest. This Agreement contains the
entire agreement among the parties hereto, and supersedes any and all prior agreements,
4
OR: 41~nMterd~rl.~6B10
rJay 2fJ" 2009
Page 17 of 46
arrangements, or understandings, whether oral or written and whether recorded or unrecorded,
between the parties hereto or their predecessors in interest, relating to the subject matter hereof.
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
15. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this Agreement.
This Agreement shall not be construed or characterized as a development agreement under the
Florida Local Government Development Agreement Act.
16. Developer shall execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. . It .ttal, Developer shall also deliver to the
County an attorney's letter attestin a\ . ~ ~Q' duly formed, validly existing and
authorized to conduct its busine, . ier County; tha i~tA~reement has been duly approved
by Developer; and that the pe.rsoIJ-s~~ng ~n b~:lf of m elop,er has the legal and corporate
authority to do so. This Ag~ement. be rec cCrby the otlnty in the Official Records of
Collier County, Florida, within to ~~ un enters into this Agreement.
Developer shall pay all cost1 of ,/ c rd" i ~! ,I. 0 ~ y, 0 the recorded document will
be provided to the Developef (1 ISH' W ) f-.<
\~\ I / ~
. 17 . This. Agreement\SJ\a~ be gove~ed by,,~,;;o~s~under the l~ws or the State of
Flonda. The partIes shall atte~~ft~OOd faIth to reso~~ute concermng thIS Agreement
through negotiation between au o~e representatives ,,{f\t:I1,eS'e efforts are not successful, and
there remains a dispute under this ~e9t]., 'e~..s6aI1 first use the County's then current
Alternative Dispute Resolution Proc . oR llie conclusion of this procedure, either
party may then file an action in the Circuit Court of Collier County, which shall be the exclusive
venue with respect to any disputes arising out of this Agreement.
18. Any future reimbursement for excess credits shall come from future receipts by the
County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as defined by the Transportation Administrator, at the location that was subject to
the credit has been completed. Such reimbursement shall be made over a period of five (5) years
from the completion of the Development.
19. An annual review and audit of performance under this Agreement shall be performed
by the County to determine whether or not there has been demonstrated good faith compliance
with the terms of this Agreement and to report the credit applied toward payment of road impact
fees and the balance of available unused credit. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with
5
OR: 412fgp~~ 1~1~'6:~~6~
Page 18 of 46
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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6
OR : 4124e~~:lte~~ 16B 10
May 26, 2009
Page 19 of 46
WITNESSES:
TOUSA HOMES. INC..
a Florida corporation
~\(~
By:
1~~~:2;","(
ST ATE OF FLORIDA
COUNTY OF Lee-
h. -J IYL-
t IS ~ day of
USA Homes. Inc., a
known to me or has
as identification.
NOTARY SEAL
...',,,........ SARA MALlVA
W~ ~~ MY COMMISSION I DO 189544
= ~ : i EXPIRES: July 5, 2007
~...,. . BandId 1luu NaI8ry NiC I.hlIrWdI8rs
.,c:",
7
OR: 4124eF~ltP1rl~~. 16B10
1Vi~y ~6, 2009
Page 20 of 46
.-, . ( ~.'"
\. ;"4-.' .... it
At;.tcst::"...... " <:.,
I?WlQHT E.' BROCK, Clerk
t{fu 00= .
Attest. IS' to..- f ' Deputy Clerk
. \rlI4 T'IIaII S
sfQII!Jtur. 00111
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
OC By: ~~-'
FRANK HALAS, Chairman
orrn and legal sufficiency:
atzkow
ssistant County Attorney
\:\bR COUA.
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8
OR: 412ig2G~ It2r1aQ. 16810
May 26, 2009
Page 21 of 46
-
JOINDER AND CONSENT
The undersigned hereby joins in and consents to the Road Extension Agreement to which
this Joinder and Consent is attached.
WIlNESSES:
GMAC MODEL HOME FINANCE, LLC,
a Delaware limited liability company
PrintNmne~~
~~}~~~
-
\JbR COu;y
GO\'; ~~
Vlf1 JW U!-
11"0 ,I (C
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. . \ n f; .-:-
The foreg Ipg In ,ac Ie ge ,be o,\, mo l day of ~
2006 by l: t).> "-' , aslk I~ / of GMAC
Model Home Finance, LLC, ~~~ware limited liab~~J0~y, on behalf of the company.
He/she is personally known to m{<{:,~ ~0 ./
as Identification. V {"I/... ..1:) C~
~1IIID1ll~ ~ ~
~ M. G ~ . -
~ ~~..;.:...;~?'/~~ Notary.
Ira...wp... ""';'-~ ~ Print Name: . r 1IIQ U. 6~k
NOTARYa'L.~ "<;...... ~
i ':0 ~~ ~ Notary Public, State of t/1!1' ivtv
i ~ OF j:: My commission expires: - ~ \- O~
iiIIII! . . ;:
,... . ,,~." t!
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""1I1"'1II\\\\\\~
Title:
Mark P. Panlee"
VIet Prltldent
STATE OF
COUNTY OF
9
OR: 412~g~~ It~~. 16B10
~cYf26, 2009
Page 22 of 46
LIST OF EXHIBITS A IT ACHED TO AGREEMENT
(TO BE FINALIZED AT FINAL DRAFT)
Exhibit "A" Locus map
Exhibit "B I-B3" Plans and Specifications
Exhibit "C" Final Certified Estimate
Exhibit "D" Impact Fee Ledger
Exhibit "E" Dedicated Parcel
Exhibit "F" Warranty Deed Example
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Page 27 of 46
Master Plan and Design Engineering, Permitting, and Oe.lgn
Phase Surveying $
68.290.00 $
25,920.00 $
94,210.00
2
Construction Phase Engineering, Geotechnical. and Surveying $
36,670.00 $
$
36.670.00
Submittal Fees
Legal
Earth Balancing
Storm Sewer
Paving
$ 47,151.62
$ 5,000.00
367,061.67
>~53,384.00
:~8,,336.68
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PFlOJECT tMME:
PARa NO(S):
PARENTTRACT' Fa.IO NO.
WARRANTY DEED
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THIS WARRANTY DEED made 1his _ day of .
20_. by, (heNlin8ft8r r8femId to as "Grantof"). wholIe JX* office box Is (ADDRESS)
to COLUER COUHrY. a poIticII aJbdivision of the State 01 Florida, Its stU B II DI'S and
8S8igns. whole poet aftice 8ddt8esil 3301 TamIamI Trait East. Naples, Florida. 34112
(heteInafter.....-..s to as ~,.
(Wherever U88d hMlin the tenna "Grwdor" and "Grw1Iee- inc:Iude .. the p8Iti8s to lhIa
/nstJument end.. Nep8CtIIM...... ... ~ "l"X Ittn and 8118igns.)
_~_-'''''_''T'''
DoIars ($10.00) ~. ~.. . ~..., " r8C8ipt...., II hefeby
aclcnowtedged. ~" ' balgaIns, ~'*'::' Mlnnl, CCJnV8YS and
conInns unID'" t:__, at that oertaIn land "-. Counly, Florida. to wit
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Sei~iI ~he""'by"""IC8'
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li ETHER...IIIIIS'd he~ ll!J'dilPPUI'.elllllaB ther8Io
beIongilg clrtfi'~ eppertalnIng. ~ I I ~ /
TO ~~ TO HOlD the urne rf~ ~~.
\I/t-" ' 'l...,I/CI
AND the ~~ covenants with uItf~ thallhe Grana It IawfuIy
aeIzed of said ~~. that.. lhe ,-"t1u~ ~end ~ mIItIOIIlyto
... and ClClfMtV uId ~~ .... 1u1y wenara 1M tlllllO I8ld land
end .. det<<Id the .... 1M d all peI1lOIII whomlIo8.-.r, end Ihat
said I8nd ill fme cI .. encurnbrancei UCIIIpt as nol8d abcMl.
IN WITNESS WHEREOF, the Aid Grantor has 8igned and II88Ied Ihue
pnI88nIs Ihe day and )'8lU' flrat above writI8n.
WITNESSES:
By;
(GIWITOR NAIIE]
(SIgnature)
(Print FuU Name)
(Signabn)
(Print Full Name)
EXHIBIT "F'
Agenda Item No. 16B10
May 26, 2009
Page 31 of 46
AMENDED AND RESTATED
DEVELOVER CONTRIBUTION AGREEMENT
MARBELLA LAKES
THIS AMENDED AND REST A TED DEVELOPER CONTRIBUTION AGREEMENT
("Agreement") is made and entered into this _ day of ,2009, by and between
Marbella Lakes Associates, LLC, a Delaware limited liability company ("Developer"), with an
address of 1600 Sawgrass Corporate Parbvay, Suite 400, Sunrise, Florida 33323, and The Board
of County Commissioners of Collier County, Florida, as the goveming body of Collier County
("County"). All capitalized temls not defined herein shall have the same meaning as set forth in
the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13.
R E C I TAL S:
WHEREAS, Developer is the owner of those certain parcels of real prope11y located in
the County, described on Exhibit "A" attached hereto and made a part hereof (the "Property");
and
WHEREAS, the Property is intended to be developed as a residential community to be
known as "MaTbella Lakes" (the "Development"); and
WHEREAS, the current Plalmed Unit Development Document for the Development
(hereinafter referred to as the "PUD Document") was approved by the Collier County Board of
County Commissioners on May 13, 2003, Ordinance No. 03-23 which ordinance created the
Livingston Village POO, now known as "Marbella Lakes"; and
WHEREAS, County entered into a Developer Contribution Agreement dated
October 10, 2006, with Tousa Homes, Inc., a Florida Corporation ("Tousa"), for the
Development, which agreement is recorded in the Official Records of Collier County at OR
Book 4124, Page 2172, et seq. (the "Tousa DCA"); and
WHEREAS, Developer represents and warrants to the County as follows:
1. According to the recitals in the Tousa DCA, at the time of the Tousa DCA, GMAC
Model Home Finance, LLC (MHF) owned the Propeliy. Tousa was the developer ofthe Property
under an arrangement with MHF which gave Tousa the option to acquire developed lots/parcels
in the Property. TOllsa acquired some but not all of the lots/parcels in the Property pursuant to
that arrangement.
2. Developer acquired title to the Property as follows:
a. By General Warranty Deed dated June 9, 2008 and recorded in the Official
Records of Collier County at OR Book 4380, Page 4084, et seq., MHF conveyed
to DOA Properties VIII (Marbella Lakes), LLC the entire Property less the
lots/parcels previously conveyed to Tousa.
Agenda Item No. 16B10
May 26, 2009
Page 32 of 46
b. On July 30, 2008, DOA Properties VIII (Marbella Lakes), LLC changed its name
to Marhel1a Lakes Associates, LLC, which is the ClllTCnt name of the Developer.
c. By Quit-Claim Deed elated October 21, 2008 and recorded in the Official Records
of Collier County at OR Book 4403, Page 0450, ct. seq. and by Special Wan'anty
Deed dated October 21, 2008 and recorded in the 0 [Iicial Records of Collier
County at OR Book 440 3, Page 0456, et. seq., Tousa conveyed its interest in the
Property to Developer.
d. As such, Developer is the presently the owner of the Property.
3. Developer, by virtue of having acquired title to the Property, has succeeded to the
interest of Wallace L. Lewis and Marian H. Gerace, as the original "developer" under the PUD
Document, and as successor in interest, has all rights and is responsible for obligations set forth
in the put) Document; and
WHEREAS, Subsection 2.20(L) of the PUD Document provides in part as follows:
"The developer shall reserve . . . the northe1lll110st 100 feet width between the
mid-section line of Section 18 and 1-75, approximately 5.3 acres, ("Eastern
Roadway Reservation Area") . . . to accommodate a potential alignment of the
potential westward extension of Green Boulevard for which an alignment study is
scheduled to be undertaken between the year 2003 and 2004;" and
WHEREAS, the Eastern Roadway Reservation Area is more particularly described on
Exhibit "B" attached hereto and made a part hereof; and
WHEREAS, the County has requested that Developer transfer the Eastcm Roadway
Reservation Area to the County in exchange for road impact fee credits equal to the fair market
value of the Eastern Roadway Reservation Area pursuant to the POO Document; and
\VHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the plan for dedication oflhe Eastem Roadway Reservation Area as set forth
in this Agreement (the "Dedication Plan") is in confonl1ity with contemplated improvements and
additions to the County's transporlation network and that this Agreement will be advantageous to
tile public; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attomey to prepare this Agreement with the Board finding that:
a. The Dedication Plan is in conf0J11lity with the contemplated improvements and
additions to the County's transportation systel1l~
b. The Dedication Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liqLlidity of the County's road impact fee trust account in such a way as to
2
Agenda Item No. 16810
May 26,2009
Page 33 of 46
frustrate or interfere with other planned or ongoing growth necessi tated capital
improvements and additions to the County's transp0l1ation system;
c. The Dedication Plan is consistent with both the public interest and with the
County's existing comprehensive plan; and
d. The Dedication Plan is consistent with the most recently adopted five-year capital
improvement program for the County's transportation system.
WHEREAS, Developer has paid the required Two Thollsand Five Hundred Dollar
($2,500.00) application fee for this Agreement.
WIT N E SSE T H:
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 COITect and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Attached as Exhibit "c" is the general location map showing the Development.
3. Developer shall convey the Eastern Roadway Reservation Area to County in fee
simple, fi-ee and clear of all liens and encumbrances, by warranty deed in the fornl attached
hereto as Exhibit "D". Developer will provide the Office of the County Attorney with the
executed warranty deed, suitable for recording, within ninety (90) days of the execution of this
Agreement. Upon receipt, the County shall record the warranty deed in the Public Records of
the County and shall assume the costs associated with the recordation. County will be
responsible for paying the costs of any title work and searches, and Developer shall be
responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attomey, Developer will promptly provide
either an attomey's opinion, or a corporate affidavit, identifying the record owner of the Eastern
Roadway Reservation Area, setting forth the authority of the record owner to enter into this
Agreement, and identifying any lien holders having a lien or encumbrance on the Eastem
Roadway Reservation Area. The opinion or affidavit will specifically describe each of the
recorded instruments under which the record owner holds title, each lien or encumbrance, and
cite appropriate recording information and incorporate by reference a copy of all such referenced
instruments. The opinion or affidavit will further set forth the legal authority of the individual
signing this Agreement on behalf of the Developer. In addition to this conveyance, Developer
shall allow the County to connect to the Developer's existing surface water management system
as shown on the approved construction plans CNSTR AR# 11224 and right-of-way permit # 07-
0591E and consistent with the approved SFWlvlD pe1111it # 11-00158-S-03. Developer shall use
its best efforts and cooperate with any necessary easements or pennit modifications which may
be required to complete the surface water drainage physical connection. County shall pay all
costs for permits, planning and constructing this connection, and Developer shall convey at no
"
-'
Agenda Item No. 16B10
May 26, 2009
Page 34 of 46
cost to the County all necessary easements. If any actions or improvements by the County cause
damage to the Developer's water management system, the County, at its sole cost and expense,
shall repair and mitigate said damages.
4. Attached hereto as Exhibit "E" is a copy of the Impact Fee Ledger whieh will set forth
the amount of road impact fee credits granted for the Development in the amount of $709,000.00
for the Eastem Roadway Reservation Area. These road impact fee credits may be assigned or
otherwise transferred from the Development to another development by writtcn agrecment
executed by the County, provided that both developments are owned by Developer and are
within the same impact fee district. No such aSSlgIlment or transfer of impact fee credits shall be
allowed until the Development has been completed, and such assignment or transfer must fully
comply with the Collier County Consolidated Impact Fee Ordinance. The credit for road impact
fees identified herein shall nm with the Development land and shall be reduced by the entire
amount of each road impact fee due for each building peImit issued thereon until the
Development project is either completed or the credits are exhausted or otherwise no longer
available, or have been assigned by operation of or pursuant to an assignment agreement with
County. The foregoing reduction in the impact fee credit shall be calculated based on the
amount of the impact fees in effect at the time the building pemlit is issued. It shall be the
Developer's obligation to notify the County that a credit is available, each time a building pemlit
is applied for in the Development.
5. In keeping with Section 74-205(p) of the Collier County Consolidated Impact Fee
Ordinance, in the event the amount of impact fee credits set forth herein exceeds the total amount
of transportation impact fees incurred by the Development, reimbursement to the Developer of
the excess of such contribution credit shall be made as follows:
(a) Reimbursement shall be made in equal payments, with no interest, over a period
of five years from the date of completion or the Development as netennined by the
County.
(b) Reimbursement shall be from futurc receipts by the County of impact fees. If
impact fees have been legislatively abolished, either at the state or local level, or are
otherwise no longer in existence for any reason whatsoever, such reimbursement shall be
made subject to available funding by the Board of County Conmlissioners.
6. The parties agree to perform or cause to be perronned any and all fmther acts as may
be reasonably necessary to complete the transactions contemplated herein, including, but not
limited to, the execution and/or recordation of further instruments.
7. All notices, elections, requests, and other communications hereunder shall be in
writing and shall be deemed given: (a) when personally delivered to tbe recipient; (b) three (3)
business days after being deposited in the United States mail, postage prepaid, to the above-listed
address of the recipient; (c) the next business day after being deposited with a recognized
ovemight mail or courier delivery service; or (d) when transmitted by facsimile or teleeopy
transmission.
4
Agenda Item No. 16810
May 26, 2009
Page 35 of 46
8. Nothing in this Agreement is intended to create a pmtllership or joint venture between
the parties and none of the parties to this Agreement shall be constmed under this Agreement as
being partners or joint venturers for any purpose.
9. This Agreement is solely [or the benefit oftbe parties to this A!:,rreement and no right
or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party
hereto. Nothing in tIus Agreement, expressed or implied, is intended or shall be construed to
confer upon or give any person or entity any right, remedy or claim under or by reason of tlus
Agreement or any provisions or conditions hereof, other than the parties hereto and their
respective representatives, heirs, successors and assigns.
10. If any provision of the Agreement, the deletion of which would not adversely affect
the receipt of any material benefits by any party to this Agreement or substantially increase the
burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent
hy a court of competent jurisdiction, the same shall not affect in any respect whatsoever the
validity or enforceability of the remainder of this Agreement.
11. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as
otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written
consent of the parties hereto or by their successors in interest. This Agreement contains the
entire agreement among the parties hereto, and supersedes any and all prior agreements,
anangements, or understandings, whether oral or written and whether recorded or unrecorded,
between the parties hereto or their predecessors in interest, relating to the subject matter hereof,
including, without limitation, the Tousa DCA. Without limiting the generality of the foregoing,
the County and Developer agree that Developer shall no longer have any obligation to design,
obtain pernlits for and construct Whippoorwill Way from the main entrance of the Development
to the existing southerly terminus of Whippoorwill Lane at Stratford Place (the "Project") as
provided in the Tousa DCA. In that regard, Developer hereby assigns to County, without any
representation or wan-anty whatsoever, all of its right, title and interest in and to the plans and
specifications for the Project under permit no, CNSTR AR# 11224 and right-of-way penuit # 07-
0591E and the approved SFWMD pem1]t # 11-00158-S-03. County agrees that the Development
shall not be phased or tied in any way to, or limited in mlY way by, the future construction of the
Project, and Developer shall not be prevented or restricted in any way from obtaining building
permits or certificates of occupancy [or the Development based on the timing of constmction of
the Project or any decision by the County not to construct the Project.
12. The Developer acknowledges that the dedication of the Eastern Roadway
Reservation Area pursuant to this Agreement is in anticipation of a potential four lane Green
Boulevard extension. The Developer shall notify all buyers of the future roadway. The
Developer, its successors and/or assigns shall relinquish all rights to noise mitigation if and when
the road is constructed.
13. Developer acknowledges lhat the failure of lhis Agreement to address allY pem1it,
condition, ternl or restriction shall not relieve the Developer, 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.
5
Agenda Item No. 16B10
May 26,2009
Page 36 of 46
14. In the event state or federal laws are enacted after the execution of this Agreement
which are applicable to and preclude in whole or in part the pal1ies' compliance with the ten1lS of
tius Agreement, then in such event this Agreement shall be modified or revoked as is necessary
to comply with such laws, in a manner which best reflects the intent of this Agreement. This
Agreement shall not be construed or characterized as a development agreement under the Florida
Local Government Development Agreement Act.
15. Developer sha1l execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. With this submittal, Developer shall also deliver to the
County an attorney's letter attesting that Developer is an entity duly fornled, validly existing and
authorized to conduct its business in Collier County; that this Agreement has been duly approved
by Developer; and that the person signing on behalf of Developer has the legal and corporate
authority to do so. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida, within fourteen (14) days after the County enters into this A6'Teement.
Developer shall pay all costs of recording this Agreement. A copy of the recorded document
will be provided to the Developer upon request.
16. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute conceming this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and
there remains a dispute under this A/:,Treement, the parties shall first use the County's then current
Altemative Dispute Resolution Procedure. Following the conclusion of this procedure, either
party may then file an action in the Circuit COllli of Collier County, which shall be the exelusive
venue with respect to any disputes arising out of this Agreement.
17. Any future reimburscmcnt for excess credits shall come from future receipts by the
County of road impact fees. However, no reimbursement shall be paid until such time as all
development, as defined by the TranspOltation Administrator, at the location that was subject to
the credit has beell completed. Such reimbursement shall be made over a period of five (5) years
from the completion of the Development.
18. An annual review and audit of perfomlance under this Agreement shall be perfomled
by the County to determine whether or not there has been demonstrated good faith compliance
with the terms of this Agreement and to rep0I1 the credit applied toward payment of road impact
fees and the balance of available unused credit. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure by Developer
to comply with the terms of this Agreement and that Developer has not cured such failure within
thirty (30) days after the Developer has received written notice from the County specifying such
failure, or if such failure is one not reasonably able to be cured within such thirty (30) day
period, then if Developer has not commenced to cure such failure within such thirty (30) day
period and then continued to diligently pursue such Cllre to completion, this Agreement may be
revoked hy the County.
IN WITNESS WHEREOIj', the parties hereto have caused this Agreement to be
executed by tlleir appropriate officials, as of the date lirst above 'written.
6
Agenda Item No. 16810
May 26,2009
Page 37 of 46
Attest:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
DONNA FIALA, Chainnan
, Deputy Clerk
Approved as to foml and legal sufficiency:
.T effrey A. Klatzkow
County Attomey
WITNESSES:
MARBELLA LAKES ASSOCIATES,
LLC, a Delaware limited liability company
. (\Jt.{}J-"--1 {~\j~
Print Name: \ I~~'l~" L "j {2, \-h?(.t\
By: NAPLES ASSOCIATES III, LLC,
A Florida limited liability company,
as managing member
/!
B. F/</~:';,//'/7~----
y.v ~ /" ,(,.. /.
Richard M. Norwalk,
Vice President
Print Name:
y'rLlV'J
ST A TE OF FLORIDA
)
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)
COUNTY OF BROW ARD
Ii The foregoing instrument was acknowledged before me this L day of
M tv~ ' 2009 by Richard M. Norwalk, as Vice President of Naples Associates III.,
LLC, a Flonda hmIted lJabIhly company, on behalf of the company as managmg
member of Marbella Lakes AssociatesJ:=,Lc,..-fl Ddaw::1rp. liUlited liability company, on
behalf of the company. He is (personally known t~ or has produced
--------aSiGentification.
NOTARY SEAL
Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
l/1ttt./j.l_A'--) I'll Cf;~r7J.-IL...{.,-/
-
. ".."......,. KATHLEEN M COFfMAN
111 ","- P!fif"
1 #fE" .(.;-.~ Notary Public. Skllte of Florida
~. * .. . ~ My Comm. Expires Mar 18, 2013
l ~~ ;.J;>"<f Commisslon /I DD 855384
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";f;,'r.,[,~"'" Bonded Tl1roug~ National Notary Assn.
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7
Agenda Item No. 16810
May 26, 2009
Page 38 of 46
LIST OF EXHIBITS A TT ACHED TO AGREEMENT
Exhibit "A" Legal description of Property and map
Exhibit "B" Legal deSCliption of East em Roadway Reservation Area and map
Exhibit HC" Location Map of the Development
Exhibit "D" WaITanty Deed
Exhibit "E" Impact Fee Ledger
8
Agenda Item No. 16810
May 26,2009
Page 39 of 46
EXHIBIT "A"
All of the lots described on the Plat of Marbella Lakes, together with Tracts A-I, A-3B, A-4, A-
S, A-6, A-7, B, C, D, E, F, G, H, I, J-1, K, L-1, L-2, L-3, L-4, L-5, L-6, M, N, 0, P-1, P-2 and P-
3, all according to the Plat of Marbella Lakes recorded in Plat Book 46, Page 77, oftbe Public
Records of Collier County, Florida.
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Agenda Item No. 16B10
May 26,2009
Page 41 of 46
ExtIlBIT "B"
Tract A-3B of Marbella Lakes, according to the Plat thereof recorded in Plat Book 46, Page 77,
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Agenda Item No. 16810
May 26, 2009
Page 44 of 46
PROJECT: :
PARCEL:
FOLIO:
WARRANTY DEED
THIS WARRANTY DEED made this day of , 20_, by,
whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a
political subdivision of the State of Florida, whose post office address is 3301 Tamiami
Trail East, Naples, Florida, 34112 (hereinafter referred to 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: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate 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 HOMESTEAD PROPERTY
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
Agenda Item No. 16B 1 0
May 26, 2009
Page 45 of 46
WITNESSES:
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this
, 20_. by I who:
day of
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:
Last Revised: 2/6/07
EXHIBIT E
Agenda Item No. 16810
May 26, 2009
Page 46 of 46
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
Impact fee ledger
I Beginning Balance I
$709,000.001
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beginning Balance $709,000.00