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Backup Documents 09/27/2022 Item #16A9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 9 • TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 routinglines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If e document is alread m etc with the P ggP 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. Jeff Klatzkow, County Attorney County Attorney Office SAkk I C1/4?372-2 4. BCC Office Board of County Commissioners ( .Lyi '# (4/2/22_ 5. Minutes and Records Clerk of Court's Office ` ` ��}� ',,Ov"''�u (�q J ^' 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 Trinity Scott Phone Number 252-5832 Contact/ Department Agenda Date Item was 9/27/22 Agenda Item Number 16a9 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is 313-163673-633011-601711 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) Applicable) 1. Does the document require the chairman's original signature? TS 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed TS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 TS 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 TS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TS 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 9/27/22 (enter date)and all changes TS =' made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the TS • 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 os. FIRST AMENDMENT TO DEVELOPER AGREEMENT ORANGE BLOSSOM RANCH THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (hereinafter referred to as the "First Amendment") is made and entered into this 2O ' of , 2022 by and between The Bryan W. Paul Family LLLP, a Florida Limited Liabi ity Limited Partnership (hereinafter referred to as "Developer"), The Shoppes at Orange Blossom, LLC ("Shoppes") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County") and the Collier County Water Sewer District (hereinafter referred to as "CCWSD"). RECITALS: WHEREAS, the Developer, County and CCWSD entered into a Developer Agreement Orange Blossom Ranch (hereinafter referred to as the "Agreement") on February 8, 2022, which was recorded in OR Book 6084, Pages 2964 — 3021. Public Records of Collier County. Florida: and WHEREAS, the parties desire to amend the Agreement to modify certain due dates. WITNESSETH: 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 to amend Paragraphs 8, 9. and 10 of the Agreement as follows: County Commitments 8. As part of Phase II of the Park, Collier County shall include wconstruction of the Road through the Commercial Tract of the Orange Blossom Ranch MPUD as identified in conceptual construction plans attached as Exhibit D. The County is responsible for all costs of designing and constructing the Road including, but not limited to, all necessary 0 County Utilities, turn lanes, curb cuts and sidewalks as identified in the in z construction plans. The Road shall include the design and installation of a drainage pipe under the Road connecting the Developer's parcels to the No Q stormwater management system that has been approved for the Orange a N 0 o Blossom Ranch PUD. The Road design will include a gravity sewer line ix c, at a location and elevation provided by the Developer. The Developer N shall pay the cost to construct the gravity sewer line. The Road N x P U o construction plans will include telephone, cable, electrical, including any zo Z costs to relocate existing electrical utilities, and other utilities ("Public (.0 o 0 o Utilities") to serve the Park and the Developer's parcels. The costs to ( w construct the Public Utilities as part of the Road will be split between the I-- 0 W County and the Developer. The County will pay two-thirds the actual cost W ? o 0 0 cc of construction of the Public Utilities and the Developer will pay one-third 010 (22.7RO-00350/1744370/1J 16A9 •. the actual cost of construction of the Public Utilities. The Road and related improvements shall fulfill the Developer's access obligations except the proportionate share of a future traffic signal at Oil Well Road. The County shall design, permit, construct and have a traffic signal operational at the intersection of the Road and Oil Well Road by October 1, 2024. The Developer's and Shoppes proportionate share of the traffic signal shall be based on twenty-five percent (25%) of the traffic utilizing the intersection at the time the signal is warranted and shall not exceed$250,000. Payment shall be made by the Shoppes within sixty (60) days of receipt of an invoice from County for the completed traffic signal. The County will permit the Developer and the Shoppes to connect its Development to the Road to accommodate the Developer's and Shoppes development plans, subject to meeting County access separation standards. The Developer shall be responsible for payment of any design plan changes relating to the access locations prior to Road construction. The proposed Developer changes are set forth in Exhibit F. 9. If the County does not issue a Notice to Proceed or otherwise initiate construction of the Road within 279 days of the Effective Date of this; Agreement by August 2, 2023, the Developer shall have the right but not the obligation to construct the Road for a cash reimbursement from the County. The Developer shall provide written notice to the County of its intent to initiate construction of the Road. The construction management costs are reimbursable to the Developer. Prior to the Developer commencing construction of the Road,the County and the Developer shall cooperate to have Developer advertise and bid the Road project in accordance with the County's normal solicitation procedures for public road projects and using the County's electronic bid system. The County shall provide written notice to Developer documenting the result of such solicitation and ranking all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as responsible responsive bidders. Developer may negotiate with any of the bidders or any other qualified contractor on its project to construct the Road, and in that regard, Developer shall not be obligated to award the construction of the Road to the low bidder or to any of the responsive bidders; however, in no event shall the final reimbursement amount by the County exceed the low hid amount. 10. County shall provide to the developer a drainage casement with the dimensions to be determined at Site Development Plan for Developer'] Parcels, identified on the construction plans. allowing the Developer's parcels to connect to the County canal along the western boundary of the PUD. The drainage easement will be provided within fifteen (15) days of county approval of the site development plan or plat for the Developer's parcels. (22-TRO-00350/1744370/11 (A.0, " 49 Except as modified herein, the Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Developer Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY and CCWSD: • ATTEST: BOARD OF COUNTY C144I1ISSIONERS COLLIER COUNTY FLORIDA, AS THE', GOVERNING BODY OF COLLIER COUNTY, �. V�• AND AS THE EX-OFIICIO GOVERNING ...... 004, BOARD OF THE COLLIER COUNTY WATER SEWER DIST' �: CRYSTAL I{..ICII�T.EL; clerk �` ','. ``,`�� Bc By: ,_.,�• Cle L. McDaniel, Jr., Chai an Attest as to Chaib. • signature only.. • Approve l . . , and legality: lie Jeffrey r lat ii+w, County Attorney AS TO DEVELOPER: Bryan W. Paul Family LLLP WITN` (Print full naive) By: Brya W. Paul, as managing member of Bryan Paul Management, LLC, (Signature) General Partner of Brian W. Paul Family LLLP Wide. Wri (Prin same (Si nature) ' j22-TRO-00350/1744370/1) n� 1649 STATE OF FLORIDA COUNTY OF Q The foregoing instrument was acknowledged before me by means of V] physical presence or [ ] online notarization, this .20 day of , 2022, by B0414,1 W .PaL , as Managing Member of Bryan Paul Management, L C, the General Partner of Bryan W. Paul Family LLLP, who is pi personally known to me,or [ ] has produced as identification. /I 91"‹-tJ -- - - - - - - - - NOTARY PUBL ►�r y,, NANCY W KEEL Print Name: 4/1 k), e eJ( ?p t 7F= Notary Public-State of Florida ` i `` Commission k HH 025188 of F My Comm.Expires Aug 19,2024 l Bonded through National Notary Assn. deneopmenspouriesegnemempour AS TO OWNER: The Shoppes at Orange Blossom, LLC WITNESS: (Print full name) By: Printed Name: Title: (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization, this day of , 2022, by , as of The Shoppes at Orange Blossom, LLC. He/She is [ ] personally known to me,or [] has produced as identification. NOTARY PUBLIC Print Name: [22-TRO-00350/1744370/1] CA` i6A9Pi. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization, this day of , 2022, by , as Managing Member of Bryan Paul Management, LLC, the General Partner of Bryan W. Paul Family LLLP, who is [ ] personally known to me, or [ ] has produced as identification. NOTARY PUBLIC Print Name: AS TO OWNER. The Shoppes at Orange Blossom, LLC WITNESS: —14 Ste, SWO �2 (Print full e) By: _ Printed Name: Cie'. • I + o,oleo Title: 1!r'� d� e r,e/©pv►«,-t---"" aa ) (Print full name) STATE OF FLORIDA COUNTY OF€OLT IER OZI41 The foregoing instrument was acknowledged before me by means of physical presence or [ online notarization, this zest ' day of €c , 2022, by Coal , as V P v IO fni l+ of The Shoppes at Orange Blossom, LLC. He/She is [ personally known to me, or [ ] has produced as identification. 4,vorrkk011ak-,7) ♦ R PV 2�P— '' DARENDA D MARVIN NOTARY PUBLIC '• " ;Notary Public-State of Florida • •= Commission # GG 363616 Print Name: i+ 't '.i$ My Commission Expires ° o's September 15, 2023 [22-TRO-00350/1744370/1]