Backup Documents 09/08/2020 Item #16B1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 g 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB ✓v" 9/8/20
4. BCC Office Board of County
Commissioners s .3. 9 . 07D
5. Minutes and Records Clerk of Court's Office , I ff
" ' lam (b6� 1O \
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Debrah Forester CRA 239-331-3266
Contact/Department
Agenda Date Item was 9/8/20 Agenda Item Number 16B1
Approved by the BCC
Type of Document TIF Rebate Agreement Number of Original 2
Attached Documents Attached
PO number or account n/a
number if document is to
be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Ap licable)
1. Does the document require the chairman's original signature d� NP1
2. Does the document need to be sent to another agency for additional signatures? JAB
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/8/20 and all changes made during the JAB mot
meeting have been incorporated in the attached document. The County Attorney's :., o
Office has reviewed the changes,if applicable. s
9. Initials of attorney verifying that the attached document is the version approved by 'J'AB is n s'
the BCC,all changes directed by the BCC have been made,and the document is
ready for the Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: September 11, 2020
To: Debrah Forester, CRA Director
Bayshore Gateway/Immokalee
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: TIF Rebate Agreement
Attached for your records is one (1) original of the agreement as referenced above,
(Agenda Item #16B1) approved by the Board of County Commissioners on Tuesday,
September 8, 2020.
The Minutes and Records Department has kept an original agreement as part of
the Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachments
16B1
TAX INCREMENT REBATE AGREEMENT
THIS TAX INCREMENT REBATE AGREEMENT ("TIR Agreement") is made and
entered into this a+i'' day of r+,6, -20 20, between the COLLIER COUNTY
COMMUNITY REDEVELOPMEN AGENCY,having its principal address at 3299 Tamiami
Trail East, Suite 103,Naples, Florida 34112, a body politic and corporate of the State of Florida,
created pursuant to Chapter 163,Florida Statutes,hereinafter referred to as the"CRA", COLLIER
COUNTY, having its principal address at 3299 Tamiami Trail East, Suite 202, Naples, Florida
34112, a Political Subdivision of the State of Florida, hereinafter referred to as the "Board" and
DEVELOPMENT PARTNERS INTERNATIONAL, LLC, a
Florida limited liability company, and its successors and assignees having its principal address
at 1415 Panther Lane,Naples,FL 34109,a Florida Limited Liability Company,hereinafter referred
to as"DPP").
WITNESETH:
WHEREAS, CRA is the fee simple owner of property located within the boundaries of
the Bayshore/Gateway Triangle Community Redevelopment Area in Collier County, Florida,
containing approximately 5.27 acres more or less with entitlements permitting development
thereon and being more particularly described in Exhibit A,attached,and depicted and described
by Ordinance No. 2018-25, known as the Mini-Triangle Mixed Use Planned Unit Development
(MPUD),both by this reference made a part hereof(the "Property"); and
WHEREAS, CRA and Real Estate Partners International, LLC ("REPI") previously
entered into a Real Estate Purchase Agreement for REPI to acquire Property, effective May 9,
2016 (the "Agreement") which has been subsequently amended, that sets forth property benefits
to be received by the Purchaser thereunder as described in Exhibit F to the Agreement (the "TIR
Benefit" as hereafter defined); and
WHEREAS, REPI has advised the CRA that as part of the plan to finance the acquisition
of the Property and its plans for its development REPI has separately assigned: (i) the right to
acquire the Property under the Agreement to Metropolitan Naples,LLC,a Florida limited liability
company ("Metro Naples"); and (ii) the right to receive the TIR benefit to DPI, each of Metro
Naples and DPI being affiliated with the other and each also being qualified assignees of REPI in
accord with Section 13 of the Agreement; and
WHEREAS, on March 14, 2000, the Board of County Commissioners (the "Board")
adopted Ordinance No.2000-83,which created a separate legality entity known as the Community
Redevelopment Agency with the Board of County Commissioners as the governing board; and
WHEREAS, on June 13, 2000, the Board adopted Ordinance No. 2000-42, creating a
Community Redevelopment Trust Fund for the Community Redevelopment Area, which fund
shall be utilized and expended for purposes and in accordance with the Community
Redevelopment Plan; and
WHEREAS, on May 8, 2018 the Board adopted Ordinance No. 2018-25, to change the
Zoning Classification of the Property to the Mini-Triangle Mixed Use Planned Unit Development
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(MPUD), establishing vision, purpose and intent for the redevelopment of the Property and
hereinafter referred to as "the Project."; and
WHEREAS, the Collier County Community Redevelopment Plan recognizes that as
redevelopment projects are completed, growth of the tax base will accelerate and the increased
property taxes that result will be available to repay the public infrastructure costs associated with
the redevelopment; and
WHEREAS, included in the Property benefits to be made available and provided as set
forth in Exhibit F to the Agreement is Collier County documented approval of a Tax Increment
Rebate ("TIR") Agreement equal to fifty percent (50%) of the new annual applicable increment,
as defined in Section 2.1 and 2.2, below, for the ten (10) year period following completion of the
final building construction on the Property as further described in this TIR Agreement (the "TIR
Benefit"); and
WHEREAS, on October 25, 2018, the Board approved Third Amendment to Agreement
that provided that if the costs to relocate the cell tower located on the Property exceed $750,000,
any costs in excess of$750,000, then the TIR for the Property shall be increased from 50% to
100%until such time as the recipient of the TIR Benefit has been reimbursed, by such 50% share
of the TIR, for all costs in excess of$750,000 and that once fully reimbursed, the TIR share shall
be reduced back to 50%for the remaining balance of the TIR's ten (10) year duration; and
WHEREAS, on July 12, 2018 the Board and Crown Castle South LLC entered into a Cell
Tower Relocation Agreement where $1,000,000 will be paid for relocation thereby triggering the
increased TIR to DPI as required by the Third Amendment to Agreement; and
WHEREAS, this TIR Agreement documents the Board's approval of the TIR as required
by Exhibit F to the Agreement as well as the Board's approval of the forgoing assignments.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties agree as follows:
ARTICLE 1. PURPOSE: FINDINGS: INTENT
1.1 Purpose. The purpose of this TIR Agreement is to provide a tax increment rebate
over a 10-year period to incentivize redevelopment of the Property as set forth in the Conceptual
Plan as set forth in Ordinance No. 2018-25 this reference made a part hereof ("Project") and
consequently increase the tax base of the Property.
1.2 Findings. The CRA does hereby find that the provision of the tax increment rebate
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as set forth herein, has attracted this redevelopment project to the Property which will further
stimulate expansion and revitalize the Bayshore Gateway Triangle Community Redevelopment
Area.
1.3 The CRA does hereby find that there is a need to provide financial assistance in
the form of tax increment rebate to efficiently, effectively and economically cause the successful
development of the Property by Metro Naples and its affiliate DPI, as well as implement the
Community Redevelopment Plan, adopted by Resolution No. 2019-75, on April 23, 2019, and
otherwise further the purposes of Part III, Chapter 163, Florida Statutes known and referred to as
the Community Redevelopment Act of 1969 and all other applicable provisions of law,as amended
or otherwise superseded from time to time.
1.4 Intent. It is the intent of the parties to provide DPI (an affiliate of Metro Naples) as
the assignee designated by REPI a TIR Benefit equal to fifty percent (50%) of the new annual
applicable increment, as defined in Section 2.1 and 2.2 below, for the ten (10) year period
following completion of the final phase of building construction on the Property(as defined in 2.4,
below) with base taxable value as described in 2.1. The annual TIR Benefit shall initially be
increased from 50%up to 100%until such time as DPI has been reimbursed $250,000 of the costs
incurred either by DPI or by its affiliate Metro Naples as outlined in the Third Amendment to
Agreement, and that once the $250,000 is fully reimbursed, the TIR share shall be reduced back
to 50%for the remaining balance of the TIR's ten (10) year duration.
1.5 Substantial Change to Ordinance No. 2018-25. A substantial change to Ordinance
No. 2018-25 as defined in 10.02.13 E. of the Collier County Land Development Code may result
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in termination of this TIR Agreement, at the sole discretion of the CRA, if the purpose of the use
of TIR is not achieved.
ARTICLE 2. TAX INCREMENT
2.1 The tax increment shall be limited to the County General Fund and Unincorporated
Area General Fund adopted ad valorem millage rates and increases in valuation of taxable real
property from the base year value of the property described in Exhibit "A". For purposes of
determining the increase in valuation, the base value will be the assessed value of the Property as
provided in the first Collier County Real Property Assessment Roll certified by the Property
Appraiser of Collier County,Florida,that reflects the change in ownership from the CRA to Metro
Naples, or its assigns.
2.2 The tax increment shall be determined annually by the application of the following
formula and shall be that amount equal to ninety-five percent(95%)of the difference between: (1)
the amount of Aggregate Ad Valorem Taxes levied each year by the County from ad valorem
taxes levied on the taxable Property; and (2) the amount of Aggregate Ad Valorem Taxes which
would have been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the
County upon the base year value of the taxable Property.
2.3 The amount of Tax Increment Rebate to be paid to DPI shall be equal to fifty
percent (50%) of the new annual applicable increment for a ten (10) year period following
completion of the final phase of building construction on the Property. The annual TIR shall
initially be increased from 50%up to 100% until such time as DPI has been reimbursed $250,000
as outlined in the Third Amendment to Agreement,and that once the$250,000 is fully reimbursed,
the TIR share shall be reduced back to 50% for the remaining balance of the TIR's ten (10) year
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duration.
2.4 The first payment shall be made, in compliance with 2.5 below, upon completion
of the final phase of building construction as evidenced by a final certificate of occupancy for the
Project as depicted in Ordinance No, 2018-25. DPI will notify the County Manager in writing
within 30 days after the final certificate of occupancy has been received establishing the
completion of the final phase of the building construction. The CRA will have 30 days to confirm
or raise any objections.
2.5 No more than ten (10) annual payments will be made to DPI. The annual payment
will be made within 60 days from the date the annual tax increment is deposited into the Bayshore
Gateway Triangle Trust Fund. In the event, the CRA does not receive its annual allocation of TIF,
the CRA shall make the annual incremental rebate payment when incremental revenues are
received. In the event the CRA receives a reduced annual allocation of TIF due to non-payment or
late payment of property taxes due on one of the properties described in Exhibit A, but such
delinquent taxes are later collected,the TIF allocable to such delinquent tax payment will be added
to the next annual payment due hereunder.Further, in the event the reduced allocation is applicable
to the tenth (l Oth) annual payment due hereunder, an eleventh (1 1 th) annual payment of the
applicable TIF shall be made to DPI when such delinquent taxes are eventually collected.
2.6 The CRA and DPI agree that all payments made under the terms of this Agreement
shall be paid directly to:
DEVELOPMENT PARTNERS INTERNATIONAL, LLC
Jerry L. Starkey
1415 Panther Lane
Naples, FL 34109
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2.7 The terms, conditions,and obligations set forth in this TIR Agreement, specifically
including tax increment payments due to DPI hereunder, shall survive the sunset date of the
Bayshore Gateway Triangle Community Redevelopment Area as identified in the Community
Redevelopment Plan adopted by Resolution No. 2019-75 and/or the tax increment funding
mechanism authorized under Ordinance No. 2000-42, as amended. For that purpose the Board
joins in as a party to the TIR Agreement to confirm the assumption of the CRA's obligation
hereunder in that event.
ARTICLE 3. REPRESENTATIONS,WARRANTIES AND COVENANTS OF DPI
3.1 Representations and Warranties. DPI represents and warrants to CRA that each of
the following statements is presently true and accurate as of the date hereof and can relied upon
by CRA:
3.1.1. DPI is a duly authorized and validly existing limited liability company
under the laws of the State of Florida, has all requite power and authority to carry on its
business as now conducted, to own or hold its properties and to enter into and perform its
obligations hereunder and each instrument to which it is or will be a party, and is in good
standing in the State of Florida.
3.1.2. The principal place of business of DPI is 1415 Panther Lane, Naples, FL
34109, and the manager thereof executing this Agreement on behalf of DPI is authorized
to act on behalf of DPI and execute this Agreement on behalf of DPI and any such actions
by such manager shall be binding upon and enforceable against DPI.
3.1.3 There are no pending or, to the knowledge of DPI, threatened actions or
proceedings before any court or administrative agency against DPI which question this
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Agreement or the validity of any instrument or document contemplated hereunder or which
are likely in any case, or in the aggregate, to materially adversely affect the consummation
of the transactions contemplated hereunder or the financial condition of DPI.
3.1.4. Each document in connection with the Project to which DPI is or will be a
party has been duly authorized by all necessary action of the part of, and has been, or will
be duly executed and delivered by DPI and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or hereof(a) requires the approval and
consent of any other party, except such as have been duly obtained, (b) contravenes any
existing law,judgment, governmental rule, regulation or order applicable to or binding on
DPI, or(c) contravenes or results in any breach of, default under or results in the creation
of any lien or encumbrance upon any property of DPI other than the project site under any
indenture, mortgage, deed of trust, bank.
3.1.5. DPI has filed or caused to be filed all federal, state, local, and foreign tax
returns any required to be filed by DPI, and has paid all taxes shown to be due and payable
on such returns or on any assessments levied against DPI.
3.2. Covenants. DPI covenants with CRA that:
3.2.1. DPI shall fulfill or cause to be fulfilled all of the conditions and obligations
expressed herein which are within the control of DPI or which are the responsibility of DPI
to fulfill.
3.2.2. During each year of this Agreement and the obligations of DPI under this
TIR Agreement shall be in effect, DPI shall cause to occur and to continue to be in effect
those instruments,documents,certificates and events contemplated by this TIR Agreement
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that are applicable to, and the responsibility of, DPI.
3.2.3. DPI shall not be in default of any terms,condition or covenant of any project
financing or any document, agreement or instrument contemplated thereby pertaining to
such financing.
ARTICLE 4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF CRA
4.1 Representations and Warranties. The CRA represents and warrants to DPI that
each of the following statements is presently true and accurate as of the date hereof and can be
relied upon by DPI:
4.1.1 The CRA is the duly designated community redevelopment agency of
Collier County, a validly existing body politic and corporate of the State of Florida,has all
requisite corporate power and authority to carry on its business as now conducted and to
perform its obligations under this TIR Agreement and each document contemplated
hereunder to which it is or will be a part.
4.1.2. This TIR Agreement and each document to which the CRA is or will be a
party has been duly authorized by all necessary action on the part of, and has been or will
be duly executed and delivered by,the CRA and neither the execution and delivery thereof,
nor compliance with the terms and provisions thereof or hereof(a) requires the approval
and consent of any other party, (b) contravenes any existing law,judgment, governmental
rule, regulation or order applicable to or binding on the CRA or(c) contravenes or results
in any breach of, default under or result in the creation of any lien or encumbrance upon
any party or the CRA, under any indenture, mortgage, deed of trust, bank loan or credit
agreement, any special acts, ordinances, resolutions or any other agreement or instrument
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to which the CRA is a party, specifically including any covenants of any bonds, notes, or
other forms of indebtedness of the CRA outstanding on the effective date of this
Agreement.
4.1.3. This TIR Agreement and each document contemplated hereby to which the
CRA is or will be a party constitutes, or when entered into will constitute, a legal, valid
and binding obligation of the CRA enforceable against the CRA in accordance with the
terms thereof, except as such enforceability may be limited by applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights
generally and subject to usual equitable principles in the event that equitable remedies are
involved.
4.1.4 There are no pending or, to the knowledge of the CRA, threatened actions
or proceedings before any court or administrative agency against the CRA,which question
the validity of this TIR Agreement, or which are likely in any case or in the aggregate to
materially adversely affect the successful development of the project, the consummation
of the transactions contemplated hereunder or the financial or corporate condition of the
CRA.
4.1.5. This TIR Agreement does not violate any laws, ordinances, rules,
regulations, orders, contracts or agreements that are or will be applicable thereto.
4.1.6. The assessed value will be determined at the sole discretion of the Collier
County Property Appraiser. The CRA makes no representation, warranty or guarantee as
to the tax payments that will be paid to DPI as a result of this TIR Agreement.
4.2 Covenants. The CRA covenants with DPI that:
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4.2.1. The CRA shall use its best efforts to timely fulfill or cause to be fulfilled all
of the conditions expressed in this TIR Agreement within the control of the CRA or which
are the responsibility of Agency to fulfill.
4.2.2 So long as this TIR Agreement and the obligations of the CRA under this
TIR Agreement shall be in effect, the CRA shall cause to occur and to continue to be in
effect those instruments, documents, certificates and events contemplated by this
Agreement that are applicable to and the responsibility of the CRA.
4.2.3. The CRA will not violate any laws, ordinances, rules, regulations, orders,
contracts or agreements that are or will be applicable thereto, or,to the extent permitted by
law,enact or adopt or urge or encourage the enactment or adoption of any laws,ordinances,
resolutions,rules,regulation or orders or approve or enter into any contracts or agreements,
including issuing any bonds, notes, or other forms of indebtedness, that will result in any
provision of this TIR Agreement to be in violation thereof.
ARTICLE 5. MISCELLANEOUS
5.1 Rights and Remedies Exclusive. The rights and remedies specified herein to which
either CRA or DPI are entitled are exclusive and are intended to be to the exclusion of any other
remedies or means of redress to which the CRA or DPI may otherwise lawfully be entitled.
5.2 Any and all changes, modifications or amendments to this TIR Agreement may
only be made jointly, in writing, by the CRA and DPI. Any and all such changes shall be subject
to the approval of the CRA.
5.3 By entering into this TIR Agreement, none of the parties hereto intend to create,
nor shall this TIR Agreement be deemed or construed as creating any partnership,joint venture,
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agency or other legal relationship between the CRA and/or DPI.
5.4 This TIR Agreement shall be governed by the laws of the State of Florida.
5.5 Each party to this TIR Agreement hereby submits to the jurisdiction of the State of
Florida, Collier County and the courts thereof and to the jurisdiction of the United States District
Court for the Middle District of Florida, Fort Myers Division, and the exclusive venue of Collier
County for the purposes of any suit, action or other proceeding arising out of or relating to this
Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such
action is brought in an inconvenient forum or that the venue of such action is improper or that the
subject matter thereof may be not be enforced in or by such courts.
5.6 The CRA and DPI agree that in the event of any litigation arising out of,or referring
or relating to, this TIR Agreement, the prevailing party in any such litigation shall be entitled to
recover,in addition to all other relief to which the prevailing party is entitled,the prevailing party's
reasonable attorneys' fees and costs, including paralegal expenses and any such fees and costs
incurred in any appeal or appeals that may stem therefrom.
5.7 Access to Books and Records:
To the extent applicable, DPI shall comply with Florida's Public Records Law, Chapter
119, Florida Statutes.
5.8 Notices:
Any notice required or permitted to be given hereunder shall be in writing and may be
given by personal delivery or fax, or other electronic means resulting in a receipt or by mail and if
given by mail shall be deemed sufficiently given on the date transmitted by registered or certified
mail, postage prepaid,return receipt requested, addressed to CRA or to DPI at the addresses listed
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below. Either party may, by notice to the other, specify a different address for notice purposes.
5.8.1 Notices by DPI and CRA:
All notices required and/or made pursuant to this TIR Agreement to be given by DPI to the
CRA shall be to Collier County Community Redevelopment Agency, 3299 Tamiami Trail, Suite
202,Naples, Florida 34112, with copies to the CRA Attorney.
5.8.2 Notices by CRA to DPI:
All notices required and/or made pursuant to TIR Agreement to be given by CRA to DPI
shall be to Development Partners International, LLC, 1415 Panther Lane,Naples, FL 34109, with
copies to Grant Fridkin Pearson, P.A., attn: Richard C. Grant, Esq. and Charles C. Whittington,
Esq., 5551 Ridgewood Drive, Suite 501,Naples, FL 34108.
5.9 Acceptance of Agreement. Acceptance of this TIR Agreement shall be indicated
by the signature of the duly authorized representative of the hereinabove named parties in the space
provided hereinafter and being attested and witnessed as indicated.
5.10 Disclosure by DPI. DPI shall disclose, at least fifteen (15) days prior to the
consideration of this TIR Agreement,to the CRA,the names of the members of DPI and its affiliate
Metro Naples. Said disclosure affidavit must be signed by a member, must be made under oath,
and must be notarized.
5.11 Complete Agreement. This TIR Agreement, including the Exhibits, and all of the
terms and provisions contained herein, constitute the full and complete agreement between the
parties hereto, and supersedes and controls over any and all prior agreements, understandings,
representations, and statements, whether written or oral, specifically including, but not limited to,
the Proposal, made with regard to the matters addressed by this TIR Agreement.
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5.12 Assignability. DPI may assign, and/or collaterally assign, its rights and
entitlements under this TIR Agreement and such assignment will be effective upon written notice
and delivery of an assignment to the CRA and Board that provides the name and address of the
assignee, or collateral assignee, and any relevant information about the assignee or collateral
assignee reasonably required by CRA.
5.13 Caption. The section headings and captions of this TIR Agreement are for
convenience and reference only and in no way define, limit or describe the scope or intent of this
Agreement, or any part thereof, or in any way affect this TIR Agreement, or construe any article
or section hereof.
5.14 Public Purpose. This TIR Agreement satisfies, fulfills, and is pursuant to and for a
public purpose and municipal purpose and is in the public interest, and is a proper exercise of the
Agency's redevelopment powers and authority under the Act.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first set forth herein.
ATTEST: COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, CLERK REDEVEL ENT AG CY
By:
Attest as WOlififfiliranERK DONNA FIALA, CO-CHAIR
:signature 0 4j/2
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
-0By:
DEPUTY CLERK BURT L. SAUNDERS, CHAIRMAN
Attest.as to Chainman'S
signature only.
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Witnesses:
DEVELOPMENT PARTNERS
Signature INTERNATIONAL,LLC
Printte Name
4 By:
i ature Its:' rLt s t
Fly
Printed Name
APPROVED AS TO FORM AND LEGALITY:
O
Jenni A. Belpedio 2
Assistant County Atto y \\�
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EXHIBIT A
[INSERT Legal Description from Real Estate Purchase Agreement with DPI]
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Exhibit A
Legal Description of Property
PARCEL 1 : Lots 5 through 11, inclusive, of Triangle Lake, according to the map or plat thereof
recorded in Plat Book 4, Page 38, of the Public Records of Collier County, Florida, Less and excepting
therefrom that portion thereof previously conveyed to the State of Road Department of the State of
Florida by deed of conveyance recorded in Deed Book 16, Pages 163 and 164, ofthe Public Records of
Collier County, Florida. Less and Excepting : Those portions of Lots 5 and 6, Triangle Lake, a
subdivision in Section 11, Township 50 South, Range 25 East, as per plat thereof recorded in Plat Book
4, Page 38, Public Records of Collier County Florida, being described as follows: Commence at the
northwest corner of said Lot 6;thence along the west line and southerly extension of said Lot 6, south 00
degrees 33'46"East,245.26 feet to the northerly existing right of way line of State Road 90 (US 41)(per
Section 03010-2116)for a Point of Beginning;thence along said southerly extension and west line North
00 degrees 33'46" West, 24.82 feet to the beginning of a curve concave southwesterly; thence along the
arc of said curve the right, having a radius of 11,529.16 feet, a central angle of 00 degrees 47'18.3", an
arc length of 158.65 feet, the chord for which bears South 53degrees 53'54" East to the east line of said
Lot 5 and the end of said curve; thence along said east line and southerly extension South 37 degrees
59'11" West 20.01 feet to said northerly existing right of way line and the beginning of a curve concave
southwesterly; thence -along said northerly existing right of way line, the arc of said curve to the left,
having a radius of 11,509.16 feet, a central angle of 00 degree 42'45.9", an arc length of 143.17 feet,the
chord for which bears North 53 degree 51 '48": West to the end of said curve and the Point of beginning.
PARCEL 2 : A lot or parcel of land in the East half of the Northwest quarter of the Northwest quarter,
lying North of the Tamiami Trail, of Section 11 in Township 50 South, Range 25 East, Collier County,
Florida being specifically described as follows: From the point of intersection of the West boundary line
of the East half of the Northwest quarter of the Northwest quarter, lying North of the Tamiami Trail
(formerly known as Dixie Highway), of Section 11 in Township 50 South, Range 25 East, Collier
County,Florida,with the Northeasterly right of way line of the said Tamiami Trail run in a Southeasterly
direction for 396.58 feet along said Northeasterly right of way line, to establish the Point of Beginning;
thence from the Point of Beginning deflect 90 degrees from the Southeasterly to the Northeasterly and
run 322.02 feet;thence deflect 43 degrees 39 minute 10 seconds, from the Northeasterly to the Northerly
and run 57.48 feet;thence deflect 69 degrees 51 minutes 00 seconds from Northerly to Northwesterly and
run 63.91 feet; thence deflect 66 degrees: 29 minutes 50 seconds form Northwesterly to Southwesterly
and run 338.2 feet to the said Northeasterly right of way line of said Tamiami Trail; thence in a
southeasterly direction run 98.29 feet along said Northeasterly right of way line the Point Beginning. The
above described property. Less and Excepting : That portion of the Northwest 1/4 of section 11,
Township 50 South, Range 25 East, Collier County, Florida, being described as follows: Commence at
the northwest comer of Lot 6 of said Triangle Lake; thence along the west line and the southerly
extension of said Lot 6, South 00 degrees 33'46" East 307.41 feet to the survey base of State Road 90
(US 41) and to the beginning of a curve concave southwesterly; thence along said survey base line, the
arc of said curve to the right,having a radius of 11,459.16 feet,a central angle of 01 degrees 15'59.2", an
arc length of 253.29 feet, the chord for which bears South 53 degrees 24'08" East to the end of said
curve; thence North 37 degrees 13'52'East, 50.00 feet to the northerly existing right of way line of said
State Road 90 (US 41) (per section 03010-2116) for a Point of Beginning; thence North 37 degrees 59'
11" East 20.00 feet to the beginning of a curve concave southwesterly;thence along the arc of said curve
to the right, having a radius of 11,529.16 feet, a central angle of 00 degrees 29'17.3", an arc length of
98.22 feet,the chord for which bears south 52 degrees 31'25"East to the end of said curve;thence south
37 degrees 59' 11" West,20.00 feet to said Northerly existing right of way line and.the beginning of the
curve concave southwesterly;thence along said northerly existing right of way line,the arc of said curve
to the left,having a radius of 11,509.16 feet, a central angle of 00 degree 29'20.3", an arc length of 98.22
feet, the cord which bears north 52 degrees 31 '28" west to the end of said curve and the point of
beginning.
PARCEL 3 : A lot or parcel of land in the East half of the Northwest quarter of the Northwest quarter,
lying North of Tamiami Trail, of Section 11, Township 50 South of Range 25 East, Collier County,
Florida,being specifically described as follows: From the point of intersection of the west boundary line
of the East half of the Northwest quarter of the Northwest quarter, lying North of the Tamiami Trail
(formerly know as Dixie Highway), of Section 11, Township 50 South, Range 25 East, Collier County,
Florida, with the Northeasterly right of way line of the said Tamiami Trail run in a Southeasterly
a'
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direction for 298.29 feet along the said Northeasterly right of way line, to establish the point of
beginning,thence from the point of beginning deflect 90 degrees from Southeasterly to Northeasterly and
run 338.2 feet, thence deflect 113 degrees 30'10" from Northeasterly to Northwesterly and run 107.18
feet thence deflect 66 degrees 29'50" from Northwesterly to Southwesterly and run 295.46 feet to the said
Northeasterly right of way line of said Tamiami Trail, thence in a Southeasterly direction run 98.29 feet
along the said Northeasterly right of way line to the point of beginning.
PARCEL 4: Lot 4, Triangle Lake Subdivision as platted and recorded in the Public Records of Collier
County Florida, in Plat Book 4, Page 38. Parcels 3 and 4 Less and Except: That portion of Lot 4,
Triangle Lake, a subdivision, as per plat thereof recorded in Plat Book 4, Page 38, Public Records of
Collier County, Florida, and that portion of the northwest 1/4, all being in Section 11, Township 50
South, Range 25 East. Being described as follows: Commence at the northwest corner of lot 6 of said
Triangle Lake, thence along the west line and the southerly extension of said Lot 6, South 00 degrees
33'46"East, 307.41 feet to the survey base line of State Road 90(US 41)and to the beginning of a curve
concave southwesterly; thence along said survey base line, the arc of said curve to the right, having a
radius of 11,459.16 feet, a central angle of 00 degrees 31'43", an arc length of 105.72 feet, the cord of
which bears South 53 degrees 46' 16"East to the end of said curve,thence North 36 degrees 29'35"East,
50.00 feet to the intersection of the southerly extension of the west line of said Lot 4 and the northerly
existing right of way line of said State Road 90 (US 41) (per Section 03010-2116) for a Point of
beginning;thence along said southerly extension and said west line North 37 degrees 59' 11" East,20.01
feet to the beginning of a curve concave southwesterly; thence along the arc of said curve to the right,
having a radius of 11,529.16 feet, a central angle of 00 degree 44'11.6", an arc length of 148.21 feet, the
chord for which bears South 53 degrees 08'09"East to the end of said curve;thence South 37 degrees 59'
11" West, 20 feet to said northerly existing right of way line and the beginning of a curve concave
southwesterly; thence along said northerly existing right of way line, the arc of said curve to the left,
having a radius of 11,509.16 feet,a central angle of 00 degrees 44'16.2",an arc length of 148.21 feet,the
chord for which bears North 53 degrees 08'16"West to the end of said curve and the Point of beginning.
PARCEL 5: Lots 12, 13, 14,and 15, Triangle Lake Subdivision, as platted and recorded in Plat Book 4,
Page 38,Public Records of Collier County,Florida.
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