Agenda 09/24/2019 Item #16A19 (Amendment to Developer Agreement for Collier County Sports Complex & Event Center)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Developer Agreement between Citygate
Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County (County) to
define access points along City Gate Boulevard North for the individual lots and to the Collier
County Sports Complex and Event Center.
OBJECTIVE: To approve a Developer Agreement Amendment (Amendment) that realigns access
points and determines proportional share payments for improvements along City Gate Boulevard North.
CONSIDERATIONS: A Developer Agreement (DA) was approved by the Board of County
Commissioners (BCC) on December 1, 2009, to improve the transportation network that serves both
Citygate and the traveling public. These improvements specifically include modifications to the Citygate
development access points and additional capacity to Collier Boulevard and Davis Boulevard.
The previous Amendments in June of 2015, and March of 2018, allowed the County to extend and
construct City Gate Boulevard North from the then current terminus to the eastern line of the City Gate
DRI/PUD to include access to the adjacent 305 acre parcel and the Resource Recovery Park PUD, both
owned by the County.
On September 25, 2018, the BCC approved the layout plan for the Collier County Sports Complex and
Event Center (Sports Complex) which included two access points along City Gate Boulevard North.
Access points had previously been approved through the Amendments, which no longer align with the
County’s approved layout plan for the Sports Complex.
This Amendment is to memorialize the new access points, include a shared use driveway agreement and
determine the Developer share of costs associated with these improvements (driveways, access
improvements, and landscaping).
FISCAL IMPACT: The County will be responsible for the initial costs associated with the operational
improvements and landscaping on City Gate Boulevard North as identified in the agreement using Project
#50156. The Developer will be responsible for reimbursing the County by providing the requisite amount
of impact fee credits to the County for use at the Sports Complex. The original Citygate DA authorized
Transportation Impact Fee credits in accordance with the then current impact fee provisions of the Collier
Code of Laws and Ordinances (Code). Similar to most Developer Agreements, the Citygate DA allows
for the transfer of such Transportation Impact Fee credits. This Amendment establishes a transactional
relationship between the two developer entities, Citygate and Collier County, for the purpose of the
completion of certain improvements and the assignment of impact fee credits to be used for new
development within the same impact fee district. As stated above, the impact fees were granted under the
provisions of the Code and will be assigned and utilized in compliance with Code requirements.
Adequate Transportation Impact Fee credits are available for the proposed assignment.
GROWTH MANAGEMENT IMPACT: N/A
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve a Developer Agreement Amendment that realigns access points
and determines proportional share payments for improvements along City Gate Boulevard North.
16.A.19
Packet Pg. 1031
09/24/2019
Prepared By: Trinity Scott, Transportation Planning Manager, Capital Projects, Planning, Impact Fees &
Program Management Division
ATTACHMENT(S)
1. Exhibits final (flattened) (PDF)
2. Citigate - 3rd DCA Amendment_Final (DOCX)
16.A.19
Packet Pg. 1032
09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 10198
Item Summary: Recommendation to approve an Amendment to the Developer Agreement
between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County
(County) to define access points along City Gate Boulevard North for the individual lots and to the
Collier County Sports Complex and Event Center..
Meeting Date: 09/24/2019
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Leeann Charles
09/18/2019 10:48 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
09/18/2019 10:48 AM
Approved By:
Review:
Growth Management Department MaryJo Brock Level 1 Reviewer Skipped 09/18/2019 10:48 AM
Capital Project Planning, Impact Fees, and Program Management MaryJo Brock Additional Reviewer Skipped 09/18/2019 10:48 AM
Growth Management Department MaryJo Brock Department Head Review Skipped 09/18/2019 10:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/18/2019 10:59 AM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/18/2019 10:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2019 11:37 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2019 11:45 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.A.19
Packet Pg. 1033
16.A.19.a
Packet Pg. 1034 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1035 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1036 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1037 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1038 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1039 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1040 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1041 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1042 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT E –PAGE 2
SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT
THIS SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT, made and
entered unto this ______ day of ______________, 2019, by COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter “Grantor”) and CG II, LLC, a Florida
limited liability company, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples,
Florida 34109 (hereinafter “Grantee”).
CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation (hereinafter referred to as “CITY GATE PROPERTY
OWNERS ASSOCIATION”)hereby joins in and consents to this SHARED DRIVEWAY
ACCESS AGREEMENT AND EASEMENT.
WHEREAS, on December 12, 2017, Agenda Item 11F, the Board of County
Commissioners approved an Agreement for Sale and Purchase (“AS&P”) that authorized the
acquisition of a parcel of land in the City Gate PUD for the Collier County Sports Complex and
Event Center; and
WHEREAS, Grantor is the owner of the land more particularly described as Lot 26
according to the Phase Three Replat of City Gate Commerce Center, as recorded in Plat Book
63, Page 84-90, of the Public Records of Collier County, Florida; and
WHEREAS, Grantee is the owner of the land more particularly described as Lot 9 according
to the Phase Three Replat of City Gate Commerce Center, as recorded in Plat Book 63, Page 84-
90, of the Public Records of Collier County, Florida; and
WHEREAS, on September 10, 2019, Agenda Item 16.F.8, the Board of County
Commissioners approved a Second Amendment of Section 15.01 of the AS&P, revising the
amended Section 15.01 to accommodate the County’s purchase of the east 23.67 feet of Lot 9 (an
0.345 Acre Property) (See Exhibit 1 attached hereto and incorporated herein); and
WHEREAS, on ______________, 2019, the Phase Three Replat #2 (Lot 9 and Lot 26) of
City Gate Commerce Center, was approved and recorded in Plat Book ____, Page ____ et seq.,
of the Public Records of Collier County, Florida; and
WHEREAS, Grantee and Grantor have entered into a Developer Agreement, which is
recorded in Official Record Book 4517 at pages 640 through 704; which was amended by the
First Amendment to Developer Agreement, recorded in Official Record Book 5168 at Page 3989
et seq.,; and which was further amended by the Second Amendment to Developer Agreement,
which is recorded in Official Record Book 5491 at Page 3349 et seq.; and which was amended
on _______________________ 2019, by the Third Amendment to Developer Agreement, which
is recorded in Official Record Book ______at Page ______et seq.,all recorded in the Official
Records of Collier County, Florida; and
16.A.19.a
Packet Pg. 1043 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT E –PAGE 3
WHEREAS, the Third Amendment of the Developer Agreement set forth Grantee’s
proportional share of the median and turn lane improvements of the Great Lawn Entrance to the
Collier County Sports Complex and Event Center and authorized this SHARED DRIVEWAY
ACCESS AGREEMENT AND EASEMENT between Grantee,as owner of the abutting lot
(“Lot 9”)and Grantor, as the Owner of Lot 26, that allows a driveway connection to the Great
Lawn Driveway by/for the adjacent Lot 9 owner, its successors and assigns, which will runs with
the land.(See Exhibit 2 Sketch and Legal).
Whenever used herein the terms “Grantor” and “Grantee” include all the parties to this instrument
and their respective heirs, legal representatives, successors and assigns.
W I T N E S S E T H:
That for in consideration of the sum of TEN DOLLARS ($10.00)and other good, adequate, and
valuable consideration in hand paid by the Grantee to the Grantor, the adequacy and receipt of
which are hereby acknowledged, the Grantor does hereby grant, bargain, sell,and convey unto
the Grantee,its respective contractors, employees, agents, customers, licensees,and invitees, a
perpetual, non-exclusive driveway easement for vehicle access (“Easement”) over, across,
through, and with respect to, the real property located in Collier County, Florida described in
Exhibit “2”attached hereto and incorporated herein by reference and hereinafter referred to as
the “Easement Parcel “A.”
This easement is given for driveway purposes of ingress and egress, by vehicular traffic,
over, across, through, and with respect to, the Easement Parcel A. For purposes of this Agreement,
''driveway purposes'' means use for and by moving vehicular traffic for any purpose connected
with the use of the Grantee’s property.
This Easement shall at no time be obstructed by any object which would prohibit access, ingress or
egress, to and from any lands owned, controlled or used by either the Grantee or Grantor or in any
manner, interfere with the purposes of this Easement.
Grantee shall have the right, but not the obligation, to improve the Easement Parcel A as
determined by Grantee in order to insure the full enjoyment of the rights granted and conveyed
by this Easement.Once constructed, the Grantee agrees to maintain that portion of the Easement
Parcel A lying and being west of the Great Lawn Driveway.
All terms, conditions, and provisions of this Easement shall run with the land and shall inure
to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
TO HAVE AND TO HOLD this Easement, together with all and singular the
appurtenances thereunto belonging or in anywise incident or appertaining, to the use,
benefit, and behoof of the Grantee, its successors and assigns forever.
Grantor hereby covenant that it is lawfully seized of the granted Easement Parcel in fee
simple; that it has good and lawful authority to convey this Easement; and that it hereby fully
warrants and defends the title to the Easement hereby conveyed against the lawful claims of
all persons whomsoever.
16.A.19.a
Packet Pg. 1044 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT E –PAGE 4
IN WITNESS WHEREOF this SHARED DRIVEWAY ACCESS AGREEMENT AND
EASEMENT has been executed by the Grantor whose seal is affixed hereto and accepted by
the Grantee, the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:_________________________ By:____________________________
, Chairman
(OFFICIAL SEAL)
Signed, sealed and delivered
In the presence of CG II, LLC
a Florida limited liability Company
___________________________________ By:___________________________
Witness (Signature)Joseph Weber, Vice President
159 S Main Street, Suite 500
Name:______________________________ Akron, Ohio 44308
(Print or Type)
__________________________________
Witness (Signature)
Name:_____________________________
(Print or Type)
STATE OF OHIO
COUNTY OF SUMMIT
The foregoing Easement was accepted and acknowledged before me this ___________
day of ________, 2019, by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida
limited liability company, who is personally known to me of who has produced
________________________________.
(Affix notarial seal)
______________________________________
Signature of Notary Public
______________________________________
Print Name of Notary Public
NOTARY PUBLIC
Serial/Commission # (if any):_____________
My Commission Expires:________________
16.A.19.a
Packet Pg. 1045 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
16.A.19.a
Packet Pg. 1046 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1047 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1048 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1049 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1050 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1051 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT GEXHIBIT G16.A.19.a
Packet Pg. 1052 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1053 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1054 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT GEXHIBIT G16.A.19.a
Packet Pg. 1055 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
EXHIBIT G16.A.19.a
Packet Pg. 1056 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment)
Page 1 of 9
September 12, 2019
THIRD AMENDMENT TO DEVELOPER AGREEMENT
City Gate
THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered
into this ____ of September, 2019, by and between Citygate Development, LLC, 850
NWN, LLC and CG II, LLC, Florida limited liability companies (hereinafter collectively
referred to as the “Developer”), with an address at 121 South Main Street, Suite 500,
Akron, Ohio 44308, and Collier County, a political subdivision of the State of Florida
(hereinafter referred to as “County”).
R E C I T A L S:
WHEREAS, on December 13, 1988, the Board of County Commissioners of
Collier County (“BCC”) adopted both Development of Regional Impact Development
Order No. 88-02, which has been subsequently amended (“DRI Development Order”), and
Ordinance No. 88-93, which rezoned the Development from “A-2” – Agriculture to “PUD”
– Planned Unit Development, for a development to be known as City Gate Commerce Park
(“City Gate PUD”), which has been subsequently amended by Ordinance No. 10-42 and
Ordinance No. 18-13; and
WHEREAS, on December 1, 2009, the Developer and County entered into a
Developer Agreement, which is recorded in Official Record Book 4517 at pages 640
through 704 in the Official Records of Collier County, Florida (“Developer Agreement”);
and
WHEREAS, on June 23, 2015, the Developer and County entered into a First
Amendment to Developer Agreement, which is recorded in Official Record Book 5168 at
page 3989 et seq., in the Official Records of Collier County, Florida (“1st Amendment”);
and
WHEREAS, on March 27, 2018, the Developer and County entered into a Second
Amendment to Developer Agreement, which is recorded in Official Record Book 5491 at
page 3349 et seq., in the Official Records of Collier County, Florida (“2nd Amendment”);
and
WHEREAS, the Developer Agreement, as amended, included the County’s
approval of future locations of driveway openings, median openings, and left turn lanes on
City Gate Boulevard North to ensure full access to City Gate PUD lots along City Gate
Boulevard North; and
WHEREAS, at its September 25, 2018 meeting, as Agenda Item 11 B, the Board
of County Commissioners approved the “Layout Plan” for the Collier County Sports
Complex and Event Center, which “Layout Plan” was revised and updated March 26, 2019
See Exhibit A attached hereto; and
16.A.19.b
Packet Pg. 1057 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 2 of 9
WHEREAS, the County plans for the Collier County Sports Complex and Event
Center include two driveways to City Gate Boulevard North: A western driveway that will
access the planned “Great Lawn” (“Great Lawn Driveway Entrance”) and an eastern
driveway that will be the main entrance to the Collier County Sports Complex and Event
Center (“SCEC Main Entrance”); and
WHEREAS, the County plans for the Collier County Sports Complex and Event
Center include two driveways to City Gate Boulevard North: A western driveway that will
access the planned “Great Lawn” (“Great Lawn Driveway Entrance”) and an eastern
driveway that will be the main entrance to the Collier County Sports Complex and Event
Center (“SCEC Main Entrance”); and
WHEREAS, the County plans to build the median openings, right turn lanes and
both direction median turn lanes at the Great Lawn Driveway Entrance and SCEC Main
Entrance; and
WHEREAS, the median openings and median turn lanes for the Collier County
Sports Complex and Event Center do not align with the areas earmarked, by the Developers
Agreement, for median openings and median turn lanes See Exhibit B attached hereto; and
WHEREAS, the Developer holds Road Impact Fee Credits associated with the City
Gate DRI/PUD and the County has a desire to acquire said credits to pay a portion of the
Road Impact Fees for the Collier County Sports Complex and Event Center; and
WHEREAS, Developer and County have worked together in good faith to realign
the previously reserved locations of City Gate Boulevard North median openings and
median turn lanes with the County’s Layout Plan access/egress points to City Gate
Boulevard North, memorialize a shared driveway agreement, update certain provisions,
and to make further changes to effectuate the intent of the Developer Agreement, as
amended; and
WHEREAS, Developer warrants and represents to the County that they continue to
have full ownership or control with respect to all portions of the land within the City Gate
PUD which are the subject of this Agreement, except for the land owned by Collier County;
and
WHEREAS, the parties wish to further amend the Developer Agreement as set forth
below (“Third Amendment”).
W I T N E S S E 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:
16.A.19.b
Packet Pg. 1058 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 3 of 9
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. The construction of median openings along City Gate Boulevard North, in
substantial conformity with attached Exhibit C is essential to providing access to the lots
in Phase Three and allowing the Developer to build in accordance with the DRI
Development Order Master Development Plan. This aligns the City Gate Boulevard North
median openings and median turn lanes with the County’s Layout Plan access/egress points
to the Collier County Sports Complex and Event Center. The County agrees that by this
Amendment that it has reviewed and approved the location of the existing and the
approximate location of future median openings depicted on City Gate Boulevard North in
attached Exhibit C.
3. While constructing the two (2) driveways to City Gate Boulevard North
during Phase 1-A of the Collier County Sports Complex and Event Center, the County
plans on constructing City Gate Boulevard North median openings, right turn lanes, and
median left turn lanes as set forth on attached Exhibit D. On or before the completion of
Phase 1-A of the Collier County Sports Complex and Event Center, CG II, LLC, as owner
of the abutting lot (“Lot 9 Phase Three”) and the County, will enter into a shared driveway
access agreement and easement that allows a driveway connection to the Great Lawn
Driveway by/for the adjacent Lot 9 Phase Three owner/end-user. See Composite Exhibit E
Sketch and Shared Driveway Access Agreement and Easement attached hereto.
4. The Developer’s proportionate fair share costs for the medians to be
constructed by the County is $226,326.13. The amount was determined by the Engineer
of Record and based on the Collier County Sports Complex Phase 1-A CMAR contract
approved by the BCC on March 26, 2019 (County Contract #17-7198) and consist of:
(1) The construction cost of the City Gate Boulevard North median left turn
lane (eastbound left north) at the Great Lawn Driveway Entrance; and
(2) One-half (½) of the construction costs of the City Gate Boulevard North
median left turn lane (westbound left south) at the Great Lawn Driveway
Entrance; and
(3) One-half (½) of the construction costs of the City Gate Boulevard North
right turn lane (eastbound right south) at the Great Lawn Driveway
Entrance; and
(4) One-half (½) of the construction costs of the first 250 linear feet of the
driveway at the Great Lawn Driveway Entrance.
(5) The construction cost of the City Gate Boulevard North median left turn
lane (eastbound left north) at the SCEC Main Entrance.
16.A.19.b
Packet Pg. 1059 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 4 of 9
5. In lieu of paying the County $226,326.13 in cash, the parties have agreed
that within thirty (30) days of the recording of this Amendment in the Public Records, the
Developer shall transfer to the County Road Impact Fee Credits associated with the City
Gate PUD/DRI in the amount of $226,326.13, which the County will utilize for the Collier
County Sports Complex.
6. Paragraph 11 h of the Developer Agreement is hereby amended as follows
(Words struck through are deleted; words underlined are added):
The construction of City Gate Boulevard North in the Phase Two Plat, in substantial
conformity with attached Exhibits I and S C and D to this Amendment is essential to
providing access to the lots in City Gate Commerce Park Phase Two Plat and allowing the
Developer to build in accordance with the DRI Development Order Master Development
Plan. Accordingly, the operation of, and access to, this roadway may not be restricted or
diminished from that in attached Exhibits I and S C and D to this Amendment. Without
limiting the generality of the foregoing, the County agrees that by this Agreement
Amendment that it has reviewed and approved the location of the existing and future
driveway openings, median openings and left turn access points depicted on City Gate
Boulevard North in Exhibits I and S C and D. Therefore, the location of driveway
openings, median openings and left turn access points on an SDP and/or plat improvement
construction plan that conforms to or that substantially conforms to Exhibit I and S C and
D shall be deemed approved by the County Manager or his designee. However, the The
length and physical construction characteristics of future driveway openings, median
openings and turn deceleration lanes shall be determined at SDP review consistent with the
existing Right-of-Way Handbook/FDOT Standards, using the design speeds identified on
Exhibit D. Access point location and/or width may be modified up to 20% by mutual
agreement between the Developer and the County Manager. Access / Public Use
Easements are and will be deemed satisfactory for right turn deceleration lanes and in lieu
of any “compensating” right of way.
11 If the County requires or conditions an SDP approval on a right turn
deceleration lane for the driveway on Lot 6, Phase Three, across from the SCEC Main
Entrance, which right turn deceleration lane would extends east of the City Gate PUD and
onto the County owned property, the County will permit the construction of any stipulated
/ required portion extending onto County owned property.
City Gate
Share Percentage
CGBN MEDIAN Turn Lane (Left North) #1 83,740.45$ 100%
CGBN MEDIAN Turn Lane (Left South) #2 27,730.72$ 50%
GREAT LAWN RIGHT Turn Lane (Right South) #3 30,813.85$ 50%
GREAT LAWN ENTRANCE – ACCESS ROAD (250’) #4 34,079.67$ 50%
CGBN MEDIAN Turn Lane (Left North - Main Entrance) #5 49,961.44$ 100%
226,326.13$
16.A.19.b
Packet Pg. 1060 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 5 of 9
12 The County acknowledges and supports a driveway interconnection(s)
between Lot 1 Phase One and Lot 1 Phase Three, as encouraged within the County’s Land
Development Code. The driveway interconnection(s) would traverse across the County’s
Access and Utility Easements (For details of such easement see Page 7 of the Plat of City
Gate Commerce Park Phase Three recorded in Plat Book 63, Page 86 of the Public Records
of Collier County, Florida). Developer acknowledges that Public Utilities will review any
proposed driveway connection and may impose conditions to protect its utility facilities.
See Exhibit F attached hereto.
13 Paragraph 2 of the Second Amendment, as amended, is hereby
amended as follows(Strike-throughs are deletions and underlines are additions.):
County, at its sole cost and expense, will design, permit, provide CEI, construct and
otherwise extend City Gate Boulevard North from the current terminus to the eastern
property line of the City Gate DRI/PUD and the western property line of the County’s
adjacent property, with the typical section as approved in attached Exhibit 1. Developer
will assist the County with obtaining all necessary permits by providing the County at
County’s request with all available support documentation. Further, in order to add the
access point to the existing PUD or the DRI Development Order, County will be
responsible to fund, process and obtain all necessary development orders to include, but
not limited to, any PUD, DRI Development Order, South Florida Management District,
Department of Environmental Protection (DEP) or any other agencies changes, as needed,
to add this access point. This road will be used to develop and access the Resource
Recovery Park and the County’s use of the adjacent 305 acre parcel owned by Collier
County, including but not limited to any expansion of the Sports Complex. The road will
may be gated by the County at the eastern end on the County’s side of the property line.
The County may move the gate, if necessary, and extend City Gate Boulevard North for
an expansion of the Sports Complex on the 305 acre parcel. No additional traffic will be
allowed to use City Gate Boulevard North until the connection is made to the Wilson
Boulevard-Benfield Road Extension, either to the east or the south. A temporary
turnaround will be provided in front of the gate, until the gate is moved by the County .
During construction of Phase 1-A of the Sports Complex (Collier County Project #50156),
Collier County’s contractor may temporarily fence/gate the extension of City Gate
Boulevard North, approximately 100 feet east of the Big Cypress Basin Field Station (as
depicted on pages 2 and 3 of attached Exhibit C) to keep the public traffic and pedestrians
away from construction. Simultaneous to a Certificate of Completion of Phase 1 -A, this
temporary fence/gate will be removed entirely and the roadway open to the public. The
County will remove the pavement for the temporary turnaround at the eastern property
line of the City Gate DRI/PUD concurrent with the time City Gate Boulevard North is
extended for an expansion of the Sports Complex on the 305 acre parcel.
14 Paragraph 10 of the Developer Agreement is hereby amended as follows
(Words struck through are deleted; words underlined are added):
Site Development Plan (SDP) for lots within City Gate Phase One and Two Plats PUD
shall only require a small scale Transportation Impact Study (TIS) that is limited to
calculating the proposed SDP evening peak hour trip generation (i.e. entering & existing
driveway volumes) for that SDP, recommending the location and configuration of the
16.A.19.b
Packet Pg. 1061 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 6 of 9
proposed SDP driveway access, and analyzing the need for exclusive turn lanes on the
internal City Gate PUD roadway(s) for an individual SDP.
15 The streetscaping of City Gate Boulevard North was made an obligation of
the Developer, but there was no time limit for the installation of streetscaping. Developer
has provided engineering and landscape architect services for the streetscaping of City Gate
Boulevard North. See Streetscape Enhancement Plans attached hereto as Exhibit G. To
expedite the installation of the streetscaping of City Gate Boulevard North so that it
matches with the opening of the Collier County Sports Complex and Event Center’s Phase
1-B, Developer and County agree that the County will install the City Gate Boulevard
North streetscaping with its Phase 1-B of the Collier County Sports Complex and Event
Center and the Developer agrees to contribute the streetscaping cost of City Gate Boulevard
North in an amount not to exceed $200,000.00 (the “Landscape Payment”), which budget
amount was estimated by the Engineer of Record. Developer will complete its
contribution within thirty (30) days of the County’s approval of its Phase 1 -B CMAR
contract, first using the balance of compensation owed by the County to City Gate for the
use of excavated fill pursuant to the PS&A.
16 In lieu of paying the County in cash for the Landscape Payment, the parties
have agreed that within thirty (30) days of the County’s approval of its Phase 1-B CMAR
contract, the Developer shall transfer to the County Road Impact Fee Credits associated
with the City Gate PUD/DRI in the amount equal to the Landscape Payment, less any
compensation still remaining from the use of excavated material pursuant to the PS&A ,
which the County will utilize for the Collier County Sports Complex.
17 It is expressly understood that the payment / transfer of Impact Fee Credits
provided for herein may come from the Developer or any of its subsidiaries or affiliates, in
any combination the Developer choses, provided that the impact fees credits are for
property within the City Gate PUD.
18 All remaining terms of the Developer Agreement, as previously amended,
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment
to be executed by their appropriate officials, as of the date first above written.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES TO FOLLOW
16.A.19.b
Packet Pg. 1062 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 7 of 9
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: _____________________________ By: ________________________________
, Deputy Clerk __________, Chairman
Approved as to form and legality:
_________________________________
Jeffrey A. Klatzkow, County Attorney
AS TO DEVELOPER:
Signed, sealed and Citygate Development, LLC
delivered in the presence of: A Florida Limited Liability Company
________________________________ By: ________________________________
Signature Joseph R. Weber, Vice President
________________________________
Printed Name
_______________________________
Signature
_______________________________
Printed Name
STATE OF _______________
COUNTY OF _____________
The foregoing instrument was acknowledged before me this _______ day of___________,
2019, by Joseph R. Weber, as Vice President of Citygate Development, LLC, a Florida
limited liability company, who is personally known to me or has produced
____________________as identification.
Notary Public
Print Name:
My Commission Expires:
16.A.19.b
Packet Pg. 1063 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 8 of 9
Signed, sealed and 850 NWN, LLC
delivered in the presence of: A Florida Limited Liability Company
______________________________ By: ________________________________
Signature Joseph R. Weber, Vice President
________________________________
Printed Name
_______________________________
Signature
_______________________________
Printed Name
STATE OF _______________
COUNTY OF _____________
The foregoing instrument was acknowledged before me this _______ day of___________,
2019, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability
company, who is personally known to me or has produced ____________________as
identification.
Notary Public
Print Name:
My Commission Expires:
Signed, sealed and CG II, LLC
delivered in the presence of: A Florida Limited Liability Company
________________________________ By: ________________________________
Signature Joseph R. Weber, Vice President
________________________________
Printed Name
_______________________________
Signature
_______________________________
Printed Name
16.A.19.b
Packet Pg. 1064 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)
Page 9 of 9
STATE OF _______________
COUNTY OF _____________
The foregoing instrument was acknowledged before me this _______ day of___________,
2019, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability
company, who is personally known to me or has produced ____________________as
identification.
Notary Public
Print Name:
My Commission Expires:
16.A.19.b
Packet Pg. 1065 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)