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Agenda 04/10/2012 Item #16A 84/10/2012 Item 16.A.8. EXECUTIVE SUMMARY Recommendation to recognize the commitment of the prepayment of road impact fees in the City Gate Developer Agreement (Agreement) recorded in O.R. Book 4517, Page 640 and to convert a temporary five year Certificate of Public Facility Adequacy (COA) into a COA in perpetuity. OBJECTIVE: To recognize that City Gate (Developer) has paid sufficient funds to meet the current COA requirement needed to achieve a COA in perpetuity based upon modifications to the Consolidated Impact Fee Ordinance. CONSIDERATIONS: The BCC approved a Developer Agreement on December 1, 2009 which is recorded in Official Records Book 4517, Page 640. This Agreement defined transportation commitments, enhances access and preserves the Wilson/Benfield transportation corridor consistent with the County's Long Range Transportation Plan. The Agreement also identified a specific dollar commitment based on values from a fee schedule adopted at that time and established payments into five equal annual installments. The Developer was issued a five year temporary COA after receipt of the initial payment with an expiration date of January 15, 2015. By Ordinance 2010 -38 adopted September 28, 2010 and by Ordinance 2011 -05 adopted February 22, 2011, Road Impact Fees for the land uses authorized in the Phase Two Plat were reduced by approximately 40% versus the rates in effect at the time the 2009 Developer Agreement was executed. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity will be issued upon the payment of thirty -three percent of the estimated road impact fees. The Developers advanced payments of road impact fees in the amount of $3,520,921.56 surpasses one hundred percent of the estimated Phase Two road impact fees based on current rates (Estimated at $3,283,130.44). The roadway adjacent to City Gate development (CR -951 at I -75) is under construction and is fully funded. The specific payment schedule identified in the current agreement was contemplated in order to provide surety for the expansion of CR -951 at I- 75. Issuance of a COA in perpetuity will not relieve the Developer from its respective obligation to pay any additional road impact fees that may be due at building permit. Due to these changes to the Consolidated Impact Fee Ordinance the Developer has requested that the County recognize the full payment of road impact fees, issue a COA in perpetuity and acknowledge that no further payments are due at this time. Staff agrees with the request and recommends approval as requested due to the fact that the roadway project adjacent to City Gate contemplated to be funded by the Agreement is fully funded and under construction and they are in compliance with our current fee schedule. FISCAL IMPACT: Approval will eliminate two additional payments equaling $2,347,281.04. Due to the reduction in impact fee rates, the applicant has paid 100% of the current impact fees Packet Page -776- 4/10/2012 Item 16.A.8. applicable to this development. Road impact fees previously collected through the Agreement amount to $3,520,921.56 and the elimination of future payments will not impact project #60092 (CR -951 at I -75). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, with staff's approach having been recommended by the County Attorney. Because impact fees have fallen subsequent to the execution of the DCA, the Developer's commitment to prepay estimated transportation impact fees has been fulfilled. Accordingly, this item is legally sufficient, requiring majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners recognize that the Developer has paid 100% of the current road impact fees due at this time, directs the County Manager or designee to issue a COA in perpetuity and suspend the requirement for three additional payments as defined in the current Agreement. Prepared By: Nick Casalanguida, Administrator, Growth Management Division Attachments: 1) Original DCA; 2) Site Map Packet Page -777- 4/10/2012 Item 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8. Item Summary: Recommendation to recognize the commitment of the prepayment of road impact fees in the City Gate Developer Agreement (Agreement) recorded in O.R. Book 4517, Page 640 and to convert a temporary five year Certificate of Public Facility Adequacy (COA) into a COA in perpetuity. Meeting Date: 4/10/2012 Prepared By Name: BeardLaurie Title: Planner,Transportation Planning 3/14/2012 11:10:16 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/14/2012 11:32:15 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/15/2012 9:27:34 AM Name: JarviReed Title: Transportation Planning Manager, GMD Date: 3/20/2012 9:34:58 AM Name: MarcellaJeanne Title: Executive SecretaryTransportation Planning Date: 3/28/2012 5:04:38 PM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 3/30/2012 8:58:30 AM Name: KlatzkowJeff Title: County Attorney Packet Page -778- Date: 3/30/2012 9:26:24 AM 4/10/2012 Item 16.A.8. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/3/2012 12:06:14 PM Packet Page -779- INSTR 4371513 OR 4517 PG 640 RECORDED 12/9/2009 12:48 PM PAGES 65 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/10/2012 Item 16.A.8. REC $554.00 DEVELOPER AGREEMENT City Gate THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this ofecori.l�� , 2009, by and between Citygate Development, LLC, 850 NWN, LLC and CG Il, LLC, Florida limited liability companies (hereinafter collectively referred to as the "Developer "), with an address at 159 South Main Street, Suite 500, Akron, Ohio 44308, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County "). RECITALS: WHEREAS, Developer is the owner, except for lands conveyed to Iot purchasers in the Phase One Plat as hereafter defined, of approximately 287.187 acres of land in unincorporated Collier County, Florida, located east of Collier Blvd. at City Gate Drive (hereinafter referred to as the "Development'. A legal descript' m -"e Development, together with a graphic rendering, is attached as Exhibit A; and - --X t✓ ^w ;�,, i N. WHEREAS, on Decembe 9 88, the Board �i our{ty Commissioners of Collier County (BCC) adopted bothI ev9la i-of Regional Impact Development Order No. 88 -2, which has been subsequen y ain' e ere atef- `i ferred to as the "DRI Development Order "), and Ordinance No. 88- h e t *in "A -2" — Agriculture to "PUD" — Planned Unit Dexielo a t, 'r dbv`e5pe knowh as City Gate Commerce Park (the "PUD "); and ! ,.ti �ye� Y=- UJI WHEREAS, Section ,,;.titled Transportatik-1of Ithe`lQ10 Development Order, sets forth the transportation c ns of the DeWoptperlt of ereinafter "Transportation Conditions "); and WHEREAS, that portion 4ce of the Florida Power & Light Easement (hereinafter "FPL Easement ") �in February 2004, said subdivision of the Development named "City Gate Commerce Center, Phase One" (hereinafter "Phase One Plat") and recorded at Plat Book 41, Pages 6 through 7 of the Public Records of Collier County; and WHEREAS, Citygate Development, LLC is the owner of the Phase One Plat, less lands conveyed to lot purchasers, and has caused subdivision improvements, including, but not limited to, roads, water and sewer lines, stormwater management facilities, and street lighting in Phase One Plat to be installed; and WHEREAS, the County issued a Determination of Vested Rights for the City Gate DRI & PUD (VRD #2005 -AR -7550) on November 15,2005; and WHEREAS, an application for the City Gate Commerce Center, Phase Two Plat, has been submitted to the County (PPL -AR -6476; submitted September 9, 2004) (hereinafter "Phase Two Plat ") a copy of which is attached as Exhibit B; and Final DCA 11 -17 -09 Packet Page -780- OR 4517 PG 641 4/10/2012 Item 16.A.8. WHEREAS, the remaining portion, less the Phase One Plat, of the Development is owned by 850 NWN, LLC and CG II, LLC. A sketch depicting ownership of the Development is attached as Exhibit C; and WHEREAS, the County has designed certain improvements to and expansion of Collier Boulevard, from Collier Boulevard's intersection with Davis Boulevard/Beck Boulevard to the Golden Gate Main Canal (which canal abuts the northern boundary of the Development), as a "modified six -lane" roadway (hereinafter "Collier Blvd. Project'). The section of Collier Boulevard adjacent to the Development will contain eight (8) lanes of through traffic, with one southbound lane terminating at Davis Boulevard and one northbound lane dropping off at City Gate Boulevard North; and WHEREAS, the County has requested that the Development's intersections at Collier Boulevard be reconfigured, as part of the Collier Blvd. Project, so that the traffic signal at City Gate Drive may be moved to City Gate Boulevard North, and all westbound exiting left turn traffic will use City Gate Boulevard No��''_e--�r.,__because of delays beyond the County's and Developer's control (e.g. the -M ou — ion of Noah's Way across Collier Boulevard from City Gate BoulevX e mitts of the intersections will need to be done in stages; and WHEREAS, the while the intersection re certain streets in the Del said streets is vested in a WHEREAS, the Trak�04ation Administrator. Two Plat on (1) City Gate Bb kI , d North being A4 future use as part of the Wilsonoiard. Extension, (2) phases of the Development for Citly,� levard NDrt the unplatted portions of the Develo to -I ' 6of Wilson Boulevard Extension, and (3) City var divided roadway; and the ` Devklopment are to be private, i yd. Project would require that t¢ reeardless of whether title to cond �ed approval of the Phase le�#`#�"iise as a public roadway and Vr`aservation of a corridor in future ide an easterly connection over he Phase Two Plat to the proposed North being constructed as a 4 -lane WHEREAS, on October 27, 2009, the Board of County Commissioners approved the Wilson Boulevard Extension/Benfield Road Corridor Study Report which, among other things, proposes to utilize City Gate Boulevard North for access from the Wilson Boulevard Extension/Benfield Road Corridor to CR 951 (Collier Boulevard); and WHEREAS, the Developer is willing to enter into this Agreement to accommodate the above and to permit the amendment of the PUD, such amendment to provide that the streets in the Development shall in all cases be open to travel by the public, and which amends no other PUD provision; and WHEREAS, the County has requested, and the Developer has agreed to satisfy the Transportation Conditions of the Phase Two Plat by making advance payment of road impact fees and by participating in the County Certificate of Public Facilities Adequacy Program Page 2 of 16 Packet Page -781- OR 4517 PG 642 4/10/2012 Item 16.A.8. (hereinafter "COA Program ') in the manner set forth in this Agreement and Section 74- 302(h) of the Collier County Code of Laws and Ordinances; and WHEREAS, this advance payment will substantially assist the County's collection of revenue for planned capital road projects, as road impact fees paid under this program will be immediately available to the County for appropriation to implement capital road facility improvements; and WHEREAS, the parties agree that the making of this advance payment and the performance by Developer of the other obligations under this Agreement satisfy the Transportation Conditions required for the build -out of the Phase Two Plat by the DR] Development Order; and WHEREAS, the County wishes to obtain sufficient right -of -way through the Development to enhance interconnectivity consistent with the County's Long Range Transportation Plan (LRTP); and WHEREAS, the Transport tun str a ended to the Board of County Commissioners that the Develops ' is in conformity wt#h co templated improvements and additions to the County's LRT) ; ancl",__— I WHEREAS, after reaso7' si, o ea iof Commissioners, the Board finds and reaffirms that: a. The Developu�°lsifi c�mi�y –with oziated improvements and additions to m bounty s long -term tran " 9rtaUI stem; b. The Developme ewed in conjunction �` i er existing or proposed plans, including those fro a velopers� ' versely impact the cash flow or liquidity of the Coun it a } st accounts in such a way as to frustrate or interfere with 0 1), frustrate ongoing growth - necessitated capital improvements and additions to the County's transportation system; and C. The Development is consistent with both the public interest and with the Comprehensive Plan. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 3 of 16 Packet Page -782- OR 4517 PG 643 4/10/2012 Item 16.A.8. Preconditions 2. This Agreement is conditioned upon the following: a. The approval of the Phase Two Plat as shown on attached Exhibit B which the Developer originally filed with the County on or about September 9, 2004, and without additional stipulations, conditions or requirements to those set forth in attached Exhibit D; and b. The establishment of the City Gate Community Development District ( #CDD- 2009 -1) (hereinafter "City Gate CDD "), which the Developer filed with the County on April 7, 2009; and C. The approval of a PUD amendment that will provide that all streets within the Development shall in all cases be open to travel by the public, and which amends no other PUID PjO cM0n- R Co a s Oblige nx�s � 3. The Phase T Plat' dill -be— recorded in the Public ecords of Collier County, E , Florida within ten business days fro ate pre 8o ditions %set o rth in paragraph 2 above I are fully met. //71, F 77� 4. The County'ls, -off c nay aagP estimated road impact fees i the%sys em ora 'vane TW a Certificate of Adequate Pub �icTacilities (hereinafter ` Transportation Conditions for , e' ase Two Plat, the I estimated road impact fees by `txttli the established make this advance payment, the dlo , ll a estimated road impact fees in five equ ' _Me tit W$ 1r ,,tiie advance payment of fiction with the issuance of Ofore, in order to satisfy the Vl make advance payment of s of the COA Program. To the sum of $5,868,202.60 in a. The sum of $1,173,640.52 within 30 days from the date all preconditions as set forth in paragraph 2 above are fully met. b. Commencing with the first anniversary, of the recording of the Phase Two Plat, four annual payments in the sum of $1,173,640.52. In addition, the Developer will deposit with the County security in the form of a letter of credit from a financial institution acceptable to County, the form of which is set forth in attached Exhibit E, for a term of four years, in an amount equal to $1,173,640.52. Upon full payment of $5,868,202.60, the security will be released. An additional payment of $1,173,640.52 may be made in lieu of a letter of credit and will be treated as payment of the final 20% of the estimated road impact fees. A five -year temporary COA shall be issued, following receipt of the initial payment and security provided above for the square\footage and uses described in attached Exhibit F for the Phase Two Plat. In addition, the County shall reserve the corresponding capacity in the Page 4 of 16 C., Packet Page -783- OR 4517 PG 644 4/10/2012 Item 16.A.8. concurrency management system as shown on Exhibit F, and a COA will be issued in perpetuity upon payment of 100% of the estimated impact fees. Failure to submit payment in accordance with paragraph 4.b. above will be addressed as set forth in paragraph (h)(4) of Section 74 -302 of the Collier County Code of Laws and Ordinances. The County acknowledges that upon full payment of the estimated impact fees in accord with paragraph 4.b. above, all of the Development's Transportation Conditions, as required by the DRI Development Order will have been satisfied through the Phase Two Plat, for the aggregate level of development set forth in the COA for the Phase One Plat and the COA for the Phase Two Plat. Accordingly, the Developer shall be entitled to obtain certificates, certificates of occupancy, site development plans, plat approvals and building permits for its Development (or portions thereof, as applicable) subject to the applicable permitting and review process. Issuance of COAs, however, will not relieve the Developer from its respective obligation to pay any additional road impact fees. r ---- Both parties agree that transportation impact fee sche Transportation Conditions throu on each end user within the Aa the time of the application b shall in no event be modifiz d the Board of County Commz isst State Legislature to reduce o.o or in part, by a mobility or lid+ Reduction may be applied by its full payment e impact fees of However, any r ;r per paragraph on the t is based on the current all of the Development's .on of road impact fees due pt fee schedule in effect at ,202.60 advance payment t not limited to, action by 31ct fees, or action by the is ( "Reduction "), in whole credits generated by such 5. The Developer shally`y' ie- iYount}c theu;o# $350,000 for its fair share of improvements at the intersections of with City Gate Drive and City Gate Boulevard North as part of the Collier 1kv: . j ct thirty days after the preconditions set forth in Paragraph 2 above have been met. This fair share was calculated based on the construction of both intersection configurations described in (a) and (b) below. a. Because of the delay in the construction of Noah's Way, the two intersections will initially be built as depicted in attached Exhibit G; and Upon the construction of Noah's Way, the County plans to reconfigure the two intersections, moving the traffic signal from City Gate Drive/Magnolia Pond Drive to Noah's Way /City Gate Blvd. North, as depicted in attached Exhibit H. 6. Developer agrees to accommodate the County's required dedications /reservations for public roads as follows: a. All roads within the Development shall be open to the public without restriction. All right -of -way may be, at Developer's sole option, dedicated Page 5 of 16 Packet Page -784- OR 4517 PG 645 4/10/2012 Item 16.A.8. to the City Gate Commerce Park Master Property Owners' Association and/or the City Gate CDD. The segments of right -of -way containing the roadway described in paragraphs 7. a, b and c below may be, at Developer's sole option, dedicated to the County. b. Street lighting, landscaping and irrigation within all roads and rights -of- way within the Development shall be maintained by the Developer or its assigns in perpetuity. As the installation and permanent maintenance of street lighting, landscaping and irrigation are the responsibility of the Developer or its assigns, the County may not impose standards above the minimum standards imposed for these items in the Collier County Land Development Code for private or public roadways, whichever standard is less. C. All roads shall be maintained by the Developer or its assigns except as set forth in paragraph _1 —belay Road Maintenance shall mean the maintenance o `e : !''YiTding but not limited to, sidewalks, pavement, cur e, strnpm ��`oadway drainage system within the right- q{i�ay.' d. As 1. Th Deve'I` p r �ha 1 deli cn ir{rswe the design, the permitting `�th�su ti Cit Gatej$ilevard North within the 'P.l}ase�iwo F�]&r a`ittTr -lan cer adway, with a minimum oot median substan ly i� aca� ance with attached Exhibit I, ommodate not on�� / Qr`a1e" s traffic, but also the traffic froture Wilson Blvd. eon. N, 2. The Dev alhdpursue the design, the permitting and the recons tvctiorr of City Gate Boulevard North within the Phase One Plat in accordance with attached Exhibit J to increase the operational capacity of the intersection with Collier Boulevard to accommodate both the Development's traffic and the anticipated traffic from the Wilson Blvd. Extension. 3. The Developer shall mill and repave the areas of White Lake Blvd. as shown on attached Exhibit K and will also remark and stripe all Phase One Plat roadways with thermo markings and striping in order to better accommodate both City Gate's traffic and public traffic. Upon completion of this repaving and restriping, the County will release the Phase One Plat Construction and Maintenance Security/Letter of Credit, a copy of which is attached as Exhibit L. Page 6 of 16 Packet Page -785- OR 4517 PG 646 4/10/2012 Item 16.A.8. 7. The County will accept permanent Road Maintenance responsibility, if delegated by the Developer, its successors or assigns, or the City Gate CDD, but only for the segments, or any of them, listed in a through c below, as follows: a. That segment of City Gate Blvd. North from Collier Boulevard (CR -951) to the turn-around after acceptance of construction improvements defined in paragraph 6(d).2 and 3 above. See attached Exhibit M. b. That segment of White Lake Blvd. north of City Gate Drive, after acceptance of construction improvements defined in paragraph 6(d).2 and 3 above. See attached Exhibit M. c. City Gate Blvd. North within the Phase Two Plat, after acceptance of construction improvements defined in paragraph 6(d).1 above, as shown on attached Exhibit N, and when the road provides through public traffic to the east of the Development. 8. The County will gr o' e Credits for the following: a. The paycnen p,f for in paragraph above; / � b. The dfffer f -� ssaY to accommodate future public t tc in arc Exhibit 0 and which both parties a of $ 810 C. The diffarppce in construction is �nec� s y to accommodate future public tr�n accordance with the - 'hi6it P and which both parties agree is v e $374,039.53; and d. The cost of th'ehzio� kre � all Phase One Plat roadways, which both parties a� g at $20,988.96. Credits for road impact fees paid per paragraph 4.a. above shall be applied to road impact fees assessed to building permits or site development plans for the Phase Two Plat in conformity with the examples set forth in attached Exhibit Q, until the Phase Two Plat is either built -out 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 Developer may use the road impact fee credits provided in 8.b., 8.c., or 8.d. above to satisfy a portion of any annual payment of estimated road impact fees as set forth in paragraph 4.a. or 4.b. It shall be the Developer's obligation to notify the County that a credit is available related to 8.b., 8.c., or 8.d. above. The credits set forth herein shall be applied solely to road impact fees or remaining Transportation Conditions, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. At any time, any unapplied Developer Road Impact Fee Credits identified in 8.a. above, which Developer deems unnecessary for the build -out of the Phase Two Plat, may be transferred to another plat or portion of the Development, provided that any land uses associated with the transferred impact fee credits are relinquished from the Phase Two Plat Page 7 of 16 �J Packet Page-786- OR 4517 PG 647 4/10/2012 Item 16.A.8. COA and the Phase Two Plat COA is modified to delete those entitlements. The transferred Developer Road Impact Fee Credits shall be reflected on any COA or comparable certificate issued to evidence advance road impact fee payments made in conjunction with the future platting or development of any unplatted lands within the Development. Upon build -out of the Development, any remaining credits identified in 8.a., 8.b., 8.c., and 8.d. above may be transferred to another approved project within the same, or adjacent road impact fee district, provided any vested entitlements associated with the unspent and transferred impact fees are relinquished and the COA is modified to delete those entitlements. At any time prior to full payment of the advance payment of estimated road impact fees as set forth in paragraph 4 a. and 4 b., a lot purchaser may obtain a permanent COA for its property by paying 100% of lot purchaser's estimated road impact fees at the time of the calculation of the lot purchaser's estimated road impact fees. The lot purchaser will provide the prospective square footage and land use for the calculation of the estimated road impact fees for issuance of the lot purchaser's permanent COA. At the time of this calculation, the lot purchaser will be given a credit toward lot purchaser's 'mated road impact fees in an amount equal to lot purchaser's estimated road impact fie ftrcentage of estimated road impact fees paid by the Developer as re u3sedU 1 rap 4a, ". above. Lot purchaser shall be required to pay the remaining l�jcs of lot purchaser's estates road impact fees to obtain a permanent COA. Any cash pgymetrt Made -by,a lot purchaser to obtain a permanent COA will be a credit against the next estimated/roakir�ct fee p e�tit required under paragraph 4 b. 9. For the advance r rayEne'o etirt ? iac fees for the Phase One Plat ($1,438,256.33 paid in l aK �O�(��. 1,7�1 5 68 a rch 2007 by Citygate Development, LLC and an a� ton�1,297;626.�roa mpabtfeie payments by Phase One Plat lot purchasers), the Could 's all issue to Citygate eve opurieut /LLC a COA in perpetuity for the capacities allocated to tjufsquare footage and lryukea':cQeribed in, and in accordance with, attached Exhibit R. 10. Site Development Plans( f'pr�o i ity Gate Phase One and Two Plats shall only require a Transportation Impact 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 proposed SDP driveway access, and analyzing the need for exclusive turn lanes on the internal City Gate road for an individual SDP. 11. The Parties hereby acknowledge the following: a. . This Agreement does not diminish the Vested Rights Determination previously issued by the County. b. The County will construct the sidewalks and bike paths along the boundaries of the City Gate lands that abut Collier Blvd. as part of the Collier Blvd. Project. The construction of these sidewalks and bike paths or payment in lieu of these sidewalks and bike paths shall not be required of Developer. Page 8of16 Packet Page -787- OR 4517 PG 648 4/10/2012 Item 16.A.8. C. That nothing in this Agreement is intended to, or shall be interpreted as, divesting or in any other way interfering with the Developer's right to complete development of the DRI with all development uses and intensities set forth in the DRI Development Order, nor shall anything in this Agreement constitute a waiver of, or in any way diminish, the Developer's rights under the PUD or DRI Development Order. d. This Agreement shall be construed so as to give effect to its paramount purpose, which is to assure that the Developer may complete the development of the Phase Two Plat as authorized by the DRI Development Order. The County shall be prohibited from refusing to issue any development permits within the Phase Two Plat for any uses or intensities of use authorized by the DRI Development Order/PUD within the Development on the grounds that the access points on Collier Boulevard (CR -951), as reconfigured by the County, cannot safely or operationally accommQdaW-the.traffic from such authorized use. e. That it is f e t f ere is no PUD transportation condition 4jwl sportation Conditto t r a buildout through the Phase Two Pl thatas —r�et been satisfie , or ould not be satisfied by Developer's corpliaace i �ligatioit un er this Agreement, f. That itl re idin s goad° ' ` o r � ev @o ment permits that the g �! � P P Deve) pgr1li is o o eiv;n , co It re n private roads in City Gate to public 2ise`` d grecto t on rgtt iio City Gate's access points on ColVer%$oulevard (CR- 951),*(the Qo s considered City Gate's develop'" 'ghts as set forth `rl$ by pcpevelopment Order and the PUD and ds F this Agreement rePxesetnd assure the Developer that it may comp velo me f aft, ase Two plat authorized by the DRI Developme and that the public use of the roads so dedicated or ^othrrocnse — t'6mmitted in this Agreement and the reconfiguration of the access points will not result in any operational or safety concerns that would entitle the County to refuse or restrict development of the Phase Two Plat as authorized by the Development Order and the PUD. g. The Developer may assign certain of its obligations under this Agreement to the City Gate CDD. h. The construction of City Gate Blvd. North in the Phase Two Plat, in substantial conformity with attached Exhibits I and S is essential to providing access to the lots in Phase Two 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. Without limiting the generality of the foregoing, the County agrees that by this Agreement it has reviewed and approved the Page 9 of 16 Packet Page -788- OR 4517 PG 649 4/10/2012 Item 16.A.8. location of the driveway openings, median openings and left turn access points depicted on City Gate Boulevard North in Exhibits I and S. 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 shall be deemed approved by the County Manager or his designee. However, the length and physical construction characteristics of driveway openings, median openings and turn deceleration lanes shall be determined at SDP review consistent with the existing Right -of -Way Handbook. i. The County Manager or his designee has advised Developer that site development plan approval for Phase Two Plat lots will be conditioned upon the reservation of land to facilitate the future construction of a right turn lane in conjunction with any driveway access on City Gate Boulevard North. The County acknowledges that this is being done primarily to accommodate the n arttici}�ate ftaffic to /from the Wilson Boulevard Extension. Th oatvi}i 6ayi`'�ulg any requirement, standard, or regulation cep' n e inty Land Development Code (LDC), the �or any requiremen�ca:itats�ed in any document, order or agreement to./W,hiGh-the Development, Developer, lot purchaser, or any of the abpve , s �"at (h a " Requirements"), including, but not limite to,/A er atti Site Development Plan is submitted f o� v�r ent 1 where the County has determnae t an �' �s 1 b rgtser� c4 � to facilitate the future cons, a rig lTl tGrni'in c cti$ntwith any.driveway access on Cit Boulevard North, t17 th ROg994ments shall be reduced by the s / mension, area, or otrr► /i ved in the reservation to facilitate ` re construction of the, rW turn lane. This reduction in the Require " �i trated s d'Exhibit T. It is the intent of the parties by this iTri servation to facilitate the future construction of right will be at no cost to the County, while at the same time assuring Developer that such reservations to facilitate the future construction of right turns lanes will not result in a loss of any developable area on the lots affected. It is also the intent of the parties by this provision that the reservation to facilitate the future construction of right turn lanes will be considered a "planned public use ", whether the reservation is to be accomplished by the dedication of right -of -way or by the dedication of an easement so long as the dedication provides for public use. Lots whose Requirements are reduced by this provision shall not be deemed to be nonconforming lots as a result of said reservation to facilitate right turn lanes. The need for, the timing of construction and physical construction characteristics of right turn lanes for driveways located on City Gate Blvd. North shall be determined at SDP review consistent with the existing Right -of -Way Handbook. That the City Gate DRI /PUD is vested, but additional phases, beyond the Phase Two Plat, may not proceed until the applicable Transportation Page 10 of 16 �d Packet Page -789- OR 4517 PG 650 4/10/2012 Item 16.A.8. Conditions have been satisfied. The parties agree that Developer shall cooperate with the County in providing an alternative roadway network consistent with the Wilson Boulevard ExtensionBenfield Road Corridor Study Report approved by the Board of County Commissioners on October 27, 2009. k. That the Developer agrees to continue to construct in conjunction with a subsequent plat approval, or allow the County to construct, City Gate Boulevard North, beyond the Phase Two Plat, as shown on attached Exhibit S with the same typical section as approved in attached Exhibit 1. The continuation of City Gate Boulevard North to the east of City Gate is subject to cooperation of the adjacent land owners and the inclusion of the roadway into the County's adopted Capital Improvement Element (CIE). The parties agree to utilize the same process for determining the difference in the value of the right -of -way and construction for the remaining section of City Gate B;ule va r used in paragraph 8.b. and 8.c. above, if and when conei n�� A- The Z County I, notified the Developer. raft it may in the future close, or partially/'close 4he-4nedian opening akity yQate Boulevard North and White I akef$otifLr � wi out c ! n for damages by the Developer. 12. This Agreerr agreement under the Florida -1 OFrized as a development Act. 13. The benefits of Iliisl eement shall mur�Q MVsuccessors in interest to the parties to this Agreement. The .b bli atio reement shall be binding upon P gs g g P any successor to the County and to an u�c.or il" ei; provided however, that none of the burdens and obligations of this Agreement s mg upon: a. Citygate Development, LLC or its successors in interest, except for those obligations which cannot be performed without the participation of Citygate Development, LLC; i.e. dedication of right -of -way or improvements within right -of -way in the Phase One Plat. Upon satisfaction of these obligations the County shall provide a written release from this Agreement to Citygate Development, LLC in a recordable form. b. CG II, LLC (if it has transferred all of its interest in the Phase Two Plat property to 850 NWN, LLC) or its successors in interest, except for those obligations set forth in paragraph 1 Lk. Upon satisfaction of these obligations the County shall provide a written release from this Agreement to CG II, LLC in a recordable form. c. Purchasers of lots, unless such purchaser is a Successor Developer as defined herein. As used herein, the term "Successor Developer" shall mean any Page I 1 of 16 Packet Page -790- C% OR 4517 PG 651 4/10/2012 Item 16.A.8. purchaser or assignee whose ownership after a purchase or assignment consists of more than 45% of the lot area in the Phase Two Plat. 14. The 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 its 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. 16. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties heret their successors in interest, excluding lot purchasers unless considered a Success - r a efined above. All notices and other communications required or permit rcder` spa b g and shall be sent by Certified Mail, return receipt requested, oit a nationally reco i k-' C night delivery service, and addressed as follows: / ✓` To County:' (r,. -�� 0 ` D eloper: /`0 Harmon Turne Jfn A .. ffoseph R. Weber Na les, Flori , ,I 1 Main Street Attn: Norman Eefkder, A.I.C.P. S "u4e,/500 Transportation n -Qr' / ,on, Ohio 44308 Administrator 6ne: (330) 996 -0225 Phone: (239) 252 -88f tip` acsimile: (330) 762 -7990 Facsimile: (239)252- 9 � Page 12 of l 6 Packet Page -791- With copies to: Roger B. Rice, Esq. 9010 Strada Steil Court Suite 207 Naples, Florida 34109 Phone: (239) 593 -1002 Facsimile: (239),593 -1309 And John S. Steinhauer, Esq. 159 S. Main Street Suite 530 Akron, Ohio 44308 Phone: (330) 535 -1010 Facsimile: (330) 535 -1531 OR 4517 PG 652 4/10/2012 Item 16.A.8. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 17, The Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. 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 Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 18. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. IN WITNESS WHEREOF, the �partie ave ca used this Agreement to be executed by their appropriate officials, as of the biCv6 #tom. Attest ; �' `' }�^ /` /,7-----BOARD OF COT OMMISSIONERS DO 1 AFAR Q Approv d as .,,c i and leg 1 i 19 ncy' Jeffrey County REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGES TO FOLLOW Page 13 of 16 Packet Page -792- J OR 4517 PG 653 AS TO DEVELOPER: Signed, sealed and delivered in the presence of: ignature Fr * ame tu n Printed Name ` "-�' -V r' —� 4/10/2012 Item 16.A.8. Citygate Development, LLC A Florida Limited Liability Company By: - R [A.U�q oseph er, Vice Preside STATE OF t26/6 h COUNTY OF-,�PTHLL // The foregoing instrument by Joseph R. Weber, as V company, who is persi t� f PAM S. MY COMvMION'S EXPIRES APRIL 19df Signed, sealed and delivered in the presence of: Ge 'gnature Printed Name ly of ®✓ , 2009, a Florida limited liability ommission Expires: 850 NWN, LLC A Flo ' a Limited Liabili Com an By: J seph a er, Vice President Page 14 of 16 Packet Page -793- lu OR 4517 PG 654 4/10/2012 Item 16.A.8. STATE OF 1 COUNTY OF SLt-%Y M I' I The foregoing instrument was acknowledged before me this day of /V�!/ , 2009, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company, who is personally known to me e�-ka flrod� --. �.aPnnY J COUNTY OF (SM-jM1nt'i'II -1 The foregoing instrument was acknowledged before me this 1q-lk day of A6 V , 2009, by Joseph R, Weber, as Vice President of CG II, LLC, a Florida limited liability company, who is personally known to me er has PAM& LAWRENCE Notary Public NOTARY PEmuc -OHIO Print Name: AM S. MY COMbffMN My Commission Expires: EXPIRM APRIL 19th6 W14 Page 15 of 16 Packet Page -794- Z�� OR 4517 PG 655 4/10/2012 Item 16.A.8. LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A - A legal description of the Development, together with a graphic rendering. (3 pgs) Exhibit B — A copy of the proposed City Gate Commerce Center, Phase Two Plat, (PPL -AR- 6476) (4 pgs) Exhibit C- Sketch depicting ownership of the Development (I pg) Exhibit D- Agreed Phase Two Plat Stipulations (3 pgs) Exhibit E- Form for Letter of Credit (2 pgs) Exhibit F- Square footage and uses for temporary certificate of public facilities adequacy for City Gate Phase Two Plat (1 pg) Exhibit G- Intersection co and City Gate Blvd. North Exhibit H- Intersection configur City Gate Blvd. North interse'ctio Exhibit I- Design of City Gite ),I1 Exhibit J- Re- design of Ci 170' FPL easement (5 pgs)�C >� Exhibit K- Milling and repaving�i :ion; Ali -- r'�1v��pjFleet initial construction: City Gate Drive w o le r A 1) (3 pgs) atio completion of 13oah' Way; City Gate Drive and w - er Blv . R -951) pg Lake Blvd. (2 pg, eastern boundary of the Exhibit L- Copy of Phase One Plat ttn�rQnfenance Security/Letter of Credit (6 pgs) Exhibit M- Permanent Road Maintenance for Phase One Plat (1 pg) Exhibit N- Permanent Road Maintenance for City Gate Blvd. North for Phase Two Plat (1 pg) Exhibit O- Right of Way Delta- Phase Two Plat (1 pg) Exhibit P- Construction Delta- Phase Two Plat (1 pg) Exhibit Q- Examples of how the Phase Two Plat COA Credits may be applied (1 pg) Exhibit R- Phase One Plat Certificate of Public Facilities Adequacy (2 pgs) Exhibit S- City Gate Boulevard North Median Openings and Access Points (2 pgs) Exhibit T- Future Turn Lane Modifications on City Gate Boulevard North (2 pgs) Page 16 of 16 Packet Page -795- OR 4517 PG 656 4/10/2012 Item 16.A.8. A. TRIGO & ASSOCIATES, INC. PROFESSI01UL LAND SURVEYORS & PLANNERS PROPERTY DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East, Collier .County, Florida. LESS the West 100.00 feet thereof for right —of —way purposes and LESS the following described parcels: A. parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3 —inch brass cap attached to the_.tbAreof, with a 3/4 -inch iron pipe; thence along the Section linedd ations 34 and 35, North 00'29'15" West, 1,382.43 feet to a S,7ood ,. I ..� the proposed Access Road No. 1 as shown on the .Af� Florida Depart -+s Nof Transportation Right —of —Way Map for. No. 93 . (I- 75)`Qhe� 8 of 10; thence along said centerline of the '`prop o``sed-A= ss Road No. 1� \North 89'31'01" East, 100.00 feet to a point on thre Ust h"— vayTiniei of a eonal, said point also being on the centerline of Ahe Tcnc4tel ed..�ce thaw er treatment plant parcel; thence along soi at-a r1; f a i North 00'29'15" West, 50.00 feet to a 4" 4 rrlonu n m ' rk g1the ( Northwest corner of the proposed access foay t the `at r i�t`'eaiment plant parcel; and being the true POINT S \BEGINNING of the farce to ,644, erein described; thence along the North line tafP s' id access road rig ; oll —wa arth 89'31'01" East, 456.51 feet to a 4" x\ ` oncrete monumet'i '.�i rkittg,.Ahe intersection of said North right —of —way with $fie est boun4ary linewf ! water treatment plant parcel; thence along said Quundory line Alo h ®b'47 14" East, 994.98 feet to an iron rod on the Wes Vstrip of land 170 feet in width for a Florida, Power & Lig s nV €F&L) right —of —way as described in Official Records Book 681, Page , Collier County Records; thence along said Westerly FP &L right —of -way North 31'30'28" East, 70.02 .feet to an iron rod; thence continuing along said Westerly FP &L right —of —way South 58'30'03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP &L right —of —way South 00'47' 14" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP &L right —of —way South 00'47'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP &L right —of —way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along the South line of the North half of the South half of the Northwest quarter of Section 35, South 89'04'40" West, 690.62 feet to a 4" x 4" concrete monument; said point being the Southwest corner of the parcel being herein described; thence along the West boundary line of said parcel North 00'47'14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right —of —way of the proposed access road to the water treatment plant parcel; thence along said South right —of —way South 89'31'01" West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of said access road South right —of —way with the East right -of —way of a canal; thence along said canal East right —of —way North 00'29'15" West 100.00 feet to the POINT OF BEGINNING. Page 1 of 2 EXHIBIT A PAGE 1 Packet Page -796- OR 4517 PG 657 4/10/2012 Item 16.A.8. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89'00'01" East 100.00 feet from the Southwest comer of the North half of said Section 35, thence run North 00'29' 15" West, 1,334.19 feet, thence South 04'21'08" East, 296.92 feet, thence South 02'46'25" East, 750.60 feet to the beginning of a curve concave to the, Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41'01'29" to the end of said curve, thence South 43'47'54" East, .94.86 feet to the South line of the North half of said Section 35, thence South 89'00'01 " West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North bti ection 35,`Ta rr ip,�49 South, Range 26 east; being described as foI0'VYC -) Begin on the South trine ,6f North —tru+f 89'00'01" East, 306}27 ,feet from'itbe Section 35, thence iru.n� o curve concave toter ea e•y a i Northwesterly along see c ry to the end of said e, ence arth North 04'21'08" Wes ,96.92 feet, the thence North 89'31'O�w�st, 64.42 fee feet, thence South 02'46'3 "" East, 751. concave to the Northeas`e� having b Southeasterly along said ctse to the end of said curve, the &t South line of the North half of sai 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. said Section 35, at a point North South4st corner of the North half of said s eet� to the beginning of a r i of 336.00 feet, thence run thro g al b4itral angle of 41'01'29" `46' 05t-'/750.60 feet, thence then rth 00jj'tZj..5." west, 85.00 feet, t, tf l ce SouA }'04'21'08" East, 378.34 56 fee t?I ithe� beginning of a curve radius 6!f]0 feet, thence run Oa central angle of 41'01'29" 'WEast, 159.68 feet to the Von 35, thence South 89'00'01 " West, Page 2 of 2 Packet Page -797- 00 M i r alya", �,a`N a..�y..ata,++a.. CL UJ OR 4517 PG 659 4/10/2012 Item 16.A.8. e all 11 1 R1 3 0 ►�' � � � � 6�� � � � � � � � 9� � r� °, erg . '! j�Z�� �'� a � n�[�g� ����_� #;���G f a l till 11, al� ii1C' �ReBB ;p ; ig q� 5 i� 5��e���g! •3 jig nil 11M. M �� � � �• � • # #fin r � � U ,f " a�1 �Y6 j��� • ���y# ap � gtop. :5 o M o� o Dili' ® QQ D 1� i 91' 1 -jig. gE= rg {[tj t � � 9 M Bill A C t°i� + w w® w w w w . ��2 ��iid i w w• s w — 013 Packet Page -799- � A��LIAj�I� Packet Page -799- OR 4517 PG 660 4/10/2012 Item 16.A.8. 11 IYVVK IjUALII Y VKItrllV ALI Packet Page -800- r r++w w INA Iw t r E" g r r r � �F F o ^ torn E-4 e L) r of iJ QRiA17n0 Y 7 o3 - tCb fl0 Packet Page -800- OR 4517 PG 661 4/10/2012 Item 16.A.8' a' 1 1 I I , 1 W1 " °•r�'�IF � �- -� - -1 L -T s 1� I I {• - - -- ��r�rrr, `+ a PIE r� � ' � 111• � o �` v II / • �� i� � \ 0-4 Packet Page -801- OR 4517 PG 662 4/10/2012 Item 16.A.8. POOR QUALITY ORIGINAL � t ! s y! e ! ! R C w�� x coo k!1 & 1 1 Y cc 1 Jim i %t A! i � i i i • J� i I 1 v Packet Page -802- OR 4517 PG 664 I" 4/10/2012 Item 16.A.8. Exhibit "D" PREMITTED PHASE TWO PLAT PLAT & PLAT CONSTRUCTION PLANS STIPULATIONS PPL -AR -6476 - CITY GATE COMMERCE CENTER PHASE TWO Stipulations: DEV REV ATTORNEY 1. MORTGAGEE'S CONSENT AND APPROVAL INDICATING SUBORDINATION TO DEDICATION: LDC 3.2.9.2.12(2) (May be submitted as separate document) Provide as separate instrument at time of recording of plat. DEV REV ATTORNEY 6. EVIDENCE OF TITLE BY INDICATING RECORD TITI MORTGAGES (177.041 & 19 submitted as separate documnr Provide as separate instrument DEV REV ATTORNE 26. ATTORNEYS OPD Provide as separate instr DEV REV ATTORNEY s (FINAL MYLAR ONLY) �- Y OR TITLE ABSTRAC'T'OR ., REN PAID AND LISTING S.): LDC 3.2. & 3.2.6.3.4.(3)(c }, (May be plat. DEV REV ATTORNEY �� cvlp -�� a. LEGAL DESCRIPTION IL Provide as separate instrument at time of recording of plat. DEV REV ATTORNEY b. BACK -UP DOCUMENTATION Provide as separate instrument at time of recording of plat. 3.C. OF LDC DEV REV ATTORNEY Additional comments: Failure to address all of the above comments will result in mylar rejection. Please call Jeff Wright at 252 -5740 with any concerns. DEV REV ATTORNEY Stipulations for Approval Letter see above. Page 1 of 3 Packet Page -804- OR 4517 PG 665 4/10/2012 Item 16.A.8. DEV REV ENVIRON. PLANNING 28. Stipulations for approval: Section III C. of the Required Yard Plan: Within sixty days of the issuance of a clearing permit for the right of way to be platted; the aerial and map mentioned above will be ground truthed and a revised ( "ground truthed") aerial and FLUCFCS map must be submitted. The FLUCFCS Map shall delineate the Native Tree species as well as the percentage utilized within an area and the range of DBH sizes. Additionally, an aerial (with a scale of no more the 1:300) identifying Native Trees having a Diameter Breast Height (DBH) of 8" or more located within the Required Yards will be submitted. DEV REV ENGR SURVEYOR Stipulations for Approval Letter Please remove the word "Temporary" from the "Temporary Drainage Easement" over Tract "B ". DEV REV ENGR UTILITIES Stipulations for approval letter. 12/20/06 1. All preliminary and final ye4 Jodi Hughes with a 48 houf wli 2. An on site preconstructionn of construction. Contact .Er ( 3. Per FPL agreement; A�1 w ie� the point of entrance and 4. As- builts shall show pu gs DEV REV STORMWA� Stipulations for Approval irisnections of water an� longitude �atitude. f�� r` // Z shall be coordinated through be conducted prior to the start ground PVC markers at k -1 v— 1. At the pre- construction meeting, pro ` roved SFWMD Right -of -Way Use of the app Permit to allow construction of the project's outfall within the boundaries of the Main Golden Gate Canal drainage easement. 2. When the plat mylars are brought to the County for final signatures, revise the mylars to remove the word "Temporary" from the Tract B drainage easement for the final outfall. DEV REV FIRE Stipulations for approval letter: Per 18.2.2.5.1.1 NFPA 1, Florida Edition 2003 - Fire department access roads shall have an unobstructed width of not less then 20ft. and an unobstructed vertical clearance of not less then 14ft. (local) Minimum width may be reduced to meet special access with approval of the fire official. Page 2 of 3 Packet Page -805- OR 4517 PG 666 4/10/2012 Item 16.A.8. DEV REV TRANSPORTATION Stipulation for Approval 7/8/08 Stipulations for approval: 1. All requirements of the developer and improvements related to this plan and plat are subject to approval and conditions of pending Developer Contribution Agreement ( "Developer Agreement "). 2. As a stipulation of approval, the right -of -way in the Phase Two Plat is to be reserved as a private road right -of -way, but open to travel to the public. All or any portion of right -of -way reserved on the Phase Two Plat as a private road right -of -way may, by subsequent instrument, be dedicated as public right -of -way to Collier County, the City Gate Community Development District, or the City Gate Commerce Park Master Property Owners' Association, Inc. pursuant to, and with maintenance responsibility as provided in this Developer Agreement. 3. As a stipulation of approval, the closure of a median opening at the intersection of Citygate Boulevard and White Lake is deferred to the pending Developer Agreement. Page 3 of 3 Packet Page -806- OR 4517 PG 667 4/10/2012 Item 16.A.8. EVOCABLE STANDBY LtrrE.R OF CREDIT NO. count issuer's identifying number) ISSUER: (msert fa name, street address, and telephone number of Issuer) (hereina r "Issuer" — LOCAL ISSUER REQIIMM -). PLACE OF EXPIRY: At Issuer's oou stem DATE OF EXpl3Ly This Credit shall be valid until ( msert date of fast anniversary of date of issm), and shall6weaiier be ZIAOM lly renewed fm successhre nn0'year periods M the aemivereery of its issue unless at least ably (00) days prior to any such anniversary date, the Issuer wndfies litre Beneficiary in writing by regisbaid mail that the Issuer elects not to so TaMW fib Credit. APPLICANT: Cmsert hU Applitxmt's current bu dw BENEFICIARY: The Division, Impact 34104. , AMOUNT: S (insect CREDIT AV. BY: Payment against on the Issuer. mt)-jU:S•) ITIR an agpe8ml l Issuer. "APPVCOLi C Caullty, Florida Yvirom1 dd Services .We. Naples, Florida drafts at sight drawn DOCUMI M RBQLTHM: A`iAU ABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PLWORTEIDLY SIGNED BY THE COUNTY MANAGER, 1r JU YING THAT: "(insert name of APPReant). has failed to submit thaely Payment of road impact fees associated wits tint project ilamm as (insert name of projed 1 road, wUh rd weeee to COA #j, and satidedory dberoative performance for dwe payments bas not been provided to mad forsaallry aaqrted by the BeaefiCiary." DRAFT(B) DRAWN UNDER THIS LEWER OF CREDIT MUST BE MARKM: "Drawn under Cmsert name of Issuer) Credit No. (mmt Issuer's number identifying this Letter of Credit), dated (mmt wpW dame of issue.)" The err pod Letter of Credit and all smears, if any, must be Foamed for proper eaftwMICUL This Lett of wit sets forth in full the terms of d w Issuer's undezUking and such g dla not in any way be modified, amcaded, or amplified by refer to any or agreement rued to heseia or in which ibis Lotter of Credit Packet Page -807- EXHIBIT E OR 4517 PG 668 4/10/2012 Item 16.A.8. r - relates, and any such re&rax a shall not be deemed to inoorparatc herein by reference any document, inonunest or agr+eenmL Imm hereby wSWes with Beneficiary brat dnd(s) drawn under{ and in complianm with the terms of this Credit will be duly honored by Issuer if wed within the validity of this Credit. This Credit is subje+et to the UWfo m Customs. and Practice, for Documentary C',redits (1993 Revision) tonal Chamber of Comma= Publication No. 500. (Name of law) By: V--, T� "�r � Printed Namet itlo 'ldenk Vioe President, or CEO) proper Bvideoce of Authority) Packet Page -808- EXHIBIT E OR 4517 PG 669 Exhibit " T The Transportation Impact Fees for the Phase Two Plat were estimated: Building Site Usage Office Light Industrial• processing: storage and distribution Total Land Use # Land 710 Office 110 Genera Souare Footage of Buildings 50.000 Road Impact Fee per 1000 go. ft. $16,763 4/10/2012 Item 16.A.8. Road Impact Fee $838,150.00 650.550 17.732 $5.030.052.60 TO $5.868.202.60 I.*,.E. 8s' Edition F=ormula Total Trips T =1! 12(X )+78.81 135 PM two way 43/X1- 125.20 799 PM two way 700,550 f' Q1"' Source: Trip Gener a� Edition publisbedte of Transportation Engineers 20 Land Use Catego es f a ransportation Impact Fee Update Study C Note: The amount of building development devoted to the various land uses authorized by the DRI Development Order/PUD which will occupy the Phase Two Plat may vary from the estimates set forth above, but the aggregate unadjusted trips generated by such development may not exceed the total unadjusted trips set forth above. In other words, any exchanges of land uses shall be, in the aggregate, "trip neutral," without consideration for passby or internal capture. Packet Page -809- OR 4517 PG 670 0 o Z 'n U N N O v� air 0: all C1 W 'I I 4/10/2012 Item 16.A.8. i i _ 2 ' ITY GATE BLVD NORTH _ - �- I I I1 II YI i 13 74 o I � CITY GATE DRIVE I i I ii I) i II I II I� A Packet Page -810- mW G 949 lid ul gill Is pip OR 4517 PG 671 I z W O z Is zo z 0 W8 ppW m W awl v06 m� W 12 o I n W Z Z 00 N W Na z �o Lo N 0 4 3 N z c m� W C U 4/10/2012 Item 16.A.8. GATE BLVD t7b L ==f — t------- - - - - -- — CITY GATE DRIVE i I I O 7 � I i c 1 Packet Page -811- CD N ~ W m �a if pill ii OR 4517 PG 672 I zo o N r W W W O — C J O U Lo V) W 0 a 0 �_° U. 0 °5 0 W� W m IA it o rmO�,W J� a� I oo 0 n 0 W 4/10/2012 Item 16.A.8. 0Cf) — — — — — — ~w m �a I X, lid r WE ------- -- - - - - -- CITY GATE DRIVE i i0 I II 7 0 Packet Page -812- OR 4517 PG 673 O N ' W °o < 3 N Lo 0 F a I iiI I m� W� o� 0 s W k 4/10/2012 Item 16.A.8. i I G t7G — Z7 Gam— C'I� T�� C t wze, 1 � II, c — CITY GATE DRIVE wz ' I I s t m_ Packet Page -813- OR 4517 PG 674 4/10/2012 Item 16.A.8. Packet Page -814- 0 0 w mV 0o z d N W J O � k i 2 O lid 91 H OR 4517 PG Es ■� � � #� T ,- ,! eA! 5� §! _ 2� � F� k§| §� Packet Page -815- 4/10/2012 I m 16.A.5. CM �LU �a - � – – � �■ | ■� ■ �� |� �\ ` � ��- 2 C § T ,- ,! eA! 5� §! _ 2� � F� k§| §� Packet Page -815- 4/10/2012 I m 16.A.5. CM �LU �a - � – – � �■ | ■� ■ �� |� �\ 4 . OR 4517 PG 676 <x V. a < S v � I pl o C4 (V � Ida. 4/10/2012 Item 16.A.8. Packet Page -816- tCo mW =a �n i� I o �\ o b N N � y� N C O � \ / O Y \ II N Nm' ��y mga �a �.4 c; lm I!i RII[�N COOL /OVOt WY i i LY! - I)N4�CM'L lImYIO�GLiNCi Packet Page -816- tCo mW =a �n i� I OR 4517 PG 677 4/10/2012 Item 16.A.8. Packet Page -817- O 0 N O W J N t� mn t O - �. - -z —� 6 � i6 i leis t� Ci Il Is OR 4517 PG 678 4/10/2012 Item 16.A.8. Packet Page -818- OR 4517 PG 679 L'. pz j m v a z 0 Qo N 4/10/2012 Item 16.A.8. vi W Y p Z m U Q m ~ Z Q C9 O ¢ J O W W OV)E=J x� W �+ W W ` zsw Qvi PoW JU -Z L) ;P\o UQQC) (�(;� CJ lNas I�U1�2 WaQO �; d a- LLI maw li �o¢JZW (nU� pO /OQFW -V.QQN Ul p W Ia.QHZO W a a W Z 0 j W o ~Wa<x ~m -NLLJ 0wo 'o 9 WOE Z p L) 'pUZv o (A ct LL U -< ' <' tat QUJ <L..ZJa W (n Q �WO Q JH (n..(n (nLU N M 46 Packet Page -819- tm mUs �a fit lid III ,rift if git 1 Is v v OR 4517 PG 680 R i Z id U E' Zq Y Z O Ci 0 4/10/2012 Item 16.A.8. W O 0 Ld Z m C) Q M O N O! O ~O Q J Q Z d O � V 0 < �O V LLI *`W Q LJ Q LLJ W W J W i�< FW WO IU�j V0QU �U � C5 0 W W Q W @✓� W %Z N CL O Q W 'M (n U ZQ -�ZX U Owm0W (n O L L=<F ---ZO wQQwzo�W W w0 =0 HOUZF -W LL � L- p Q000= ZO N H = =) E L� V a U 0 N W Q LL, < U- Z J rdr W(n QF -WOJf- (nv(n (nwVQ I- O N M 4 Ln Packet Page -820- m_W a X19 D di OR 4517 PG 681 i I I -- ---, CNi 4/10/2012 Item 16.A.8. A�7 mL9 �a �1�1II p i 1� II III ail _s m \ \� AI8 I�D�V71 3-i HM a VI a U-= LF W I Cwo W e w < N U N I� I y� 01, sly IV- I a � I Z= e I O I hh I Woz ii A I I AZt AZt AZt Z AztJAZt11 h 3 I III 'I II I �I II I sag II \v� �4 Packet Page -821- OR 4517 PG 682 4/10/2012 Item 16.A.8. iYi T' RiC:I{ �]O!/0[/Oi d.CY A l AYtl - f - lYNpVf/Y IMiIRJ�CIMN rJC�dA�..PMY00o-10 n.G 4t�tlW. Packet Page -822- N m W Q a is IL lid III IN Irl pill OR 4517 PG 683 0 N fw Z N° J Lo IV) 0 T a 0 w W' ff ig of 0 0 (p N 0 cV r 3 c N O O � 0 in .x .� 0 M L Q 0 Ymi 0 on O O nj N b 4/10/2012 Item 16.A.8. Cr Z m 0 c� 0 3 �a ICE z Ce Ln Cr Y O pp Q Q W Cr z _ Q L, z t {Z} 3 O C Q 3 ww O Q d > C y W (X Q T ; W O Q C7 O a La LF o S 3 > z W O Q\� O w Cr � W W a^ 4o0 LLJ Q Z O U �fW W WO � J CL >m QQ d �j Q � Q O (n to Yam € C) V) CL0 W0 FIS H Q W y W NW , O W Cn Q? _ 1 V m W 4km Q GW c V, rn �Jc Iq O 4 N Q�Qo m Q Q Qj Ad M -j co z z�w� J5 Q �. OQLa= p Q. UW4W q�q rj- NV 3 OQQO J� Wn t/1 3 R Q Q Q. Jos ZQ�Y QCtWO� g4 C W N U �- CL O i� 8a 3 4 y fn Q y� W W W tt v>>.xQpxW In 10 1�W m U> >Q O .� N "i a'i M na MM4 s Llu b r • � x d - r - � iw.wwrm — \wi..WkUN -,n Packet Page -823- OR 4517 PG 684 4/10/2012 Item 16.A.8. Packet Page -824- OR 4517 PG 685 4/10/2012 Item 16.A.8. Packet Page -825- OR 4517 PG 686 ----- - - - --, 8 i 12 Packet Page -826- 4/10/2012 Item 16.A.8. w 0 w: �a <_ r 1M- N I, CL I zap uj Zoo= < t7 Z 0.J.i U 0030 1 Z�??6f=/1 'Y ~ W m �a =1 �a Is lid gill °C�OOW d� o <S1a�<s Zi5 CW S V.ZX i i f }}z55 5, 6yJ �C�l <NZ �RRR OR 4517 PG 687 N W NN LU 1C) CD N 0 4/10/2012 Item 16.A.8. 13 iwiwq )A1uo 1 " ' �f I I� j it 7 III Iii it I III II. — L---- - - - - -- Ill � I I II I I 8 �il Ill I � II I IMF r,z ^U 14 I� IIIIin •I- I i�� I I Ij Iti I I � I Its Packet Page -827- W 8 M 0 J U- v�J w i�a'� 0 Z Z z a a_ D_' 0 N 0 N Z YN ~w mn �a !iJ a lid III 91 d OR 4517 PG 688 4/10/2012 Item 16.A.8. IM BUBDIVISION IlV1PRpVE11I MM CITYGATE MMOPL► M LM MM CONSTR MON, � AND M CUUff AGRSS1uJENT FOR SUBMMON Il�II'R:0'VS1tilI�GNTS entered iota this of ,16 r • 2004, by and betwom CITiGGATE DEVELOP]l M, LLC, a Florida iimW t owrany 0011MAft 'Zfevsi%W), and the ROAM OF COUNTY C011IMISSIONERB OF COLLIER COUNTY, FLORIDA (herahuttw the "Boer. :.« 4 : . . A Developer has, simultaneously with the delivery of this Agreement, appIW for dw approval by the Board. of a certain plat of the subdivision to be'known as: Mypte Commence pads, Phase One. �. C0� B. The subdivision 'elude c � which are required by Contest County ondinsmcas, as adt in a site comtruetionn' ost titaafe ("Estimatd� preps by Hole Mantas, Inc., a'"6opy'o 'ch a ereto d moorporated he eao as Exhibit "A". For Agr . of this eement, v � cn "and limited to 9soae dwmbed in the C. Division 3.2 mantras the Developer to provide appz 1; hip ' for the of anal of the Required yoVwvemcnts. 1. D. Developer has National City Hank �i "4esuor") to issue a le:tttt of credit dated \herein the Board ' ' as "Beneficiary" and the Issuer again to duly honor drafts `' .the terms of said letter of credit, up to an aggregate amotmt of credit is attached as Exhibit B hereto and hereby incotpomt*d hen in (the B. Developer and the Board adwwle4p that It smoamt Developer is required to guarantee ptusnant to this Agtnement is $1,709,814.70, and this amount repnesmb 110% of the Developer's engineWs estimate oftine construction code for the Required Improvements. NOW, THB1tMRE, in consideration of the foregoing premises and mutual Covenants homer set forth, Developer and the Board do hereby covenant and agree as follows: , 1. Developer will cause the water, sower, wads drainage (and b1m facilities), the Required Improvements, to be 0005tcucted putauant to Vwifiicatiaw that have barn approved by the Development Services Director within eighteen (1B) months from the dats of approval of said subdivision plat. 2. Developer herewith tenders as its subdivision perfmaance security the Letter, in the amount of S 1,709,814.70, which amount represents 10% of the total contract cost for Ilse Required Improvements ($155,437.70), plus 100% of the estimated cost to complete the Required Improvements ($1,554,377.00) as of the deft of this Agreement. EXHIBIT La Packet Page -828- OR 4517 PG 689 4/10/2012 Item 16.A.8. 3. In the event of default by tha Developer or faihn of the Developer to complete the Required improvements within the time m pored by the Collier County Land Devvelopment Code, Collier County may draw upon the Law to insure sausf AmY completion of the Required. inapavvemenis. -4. 'The Required Ireprovemeoft shall not be considered complete until a vent of m6stanW completion by Developer's mminew along with the final project records have be= finniaW to be reviewed affil gvmved by du Collier Cotmty Development Samoes Duedw foe compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty-(60) days of receipt of ire stain nevt of substantial completion, either: a) notify the Developer in writing of big pmeiianiniary approval of five Required Improvements; or b) notify the Developer in writing ofbis refusal to approve one Required iraprovaments, thm+ewrilh specVying ftm conditions which the Developer must fulftll.in cruder to obtain the Director's approval OfAhe -44 c+�ad Improvements. However, in rm want shall the Development Services Di r -pmh m appm�val of the Required Improvenmemts if they are in feet constructed ual m scoordanco with the xequirrnnenia • of this 6. The Developer al period by the D Director to *nape shell ir}spect the Developmaent Cc 100/4, of the sub maintenance of mamtenanoe rem to by final Improv all` emna�s db by the Fo a minimum period of one (1) year after After the one (1) Year maintennee ill petition the Development Services anent Services Diractar or iris designee mphance wits the Cotbar County Land the Board shall release the remaining ). The Devedopees, Tespanw3w for to unless or until the Board accepts 7. Tirreie (3) months after -the t .� - avid once within ewes y three (3) •monthss t unufter, the Developer may regnost the Development Services Director to raduce the dollar mount of the Letter of Credit an fire basis of work com*etmt Each mqueat for a r thtotkm in the dollar auinount of the subdivision perfazzo ? 1 seaurity shall ba armed by a xtatem ent of subatsafial completion by the Developer's engineer together with the project records necessary for revmw by the Development Semen Dueotor. The Development Services Director shall grant the request for a reduction in the amount of the subdivision pedbrmance security for the improves completed as of the date of the request, except to the extent of $155,437.70, which shall remain available under the Letter as Developces pui&y of penance of the Required Impmvemernts lbr a minimunt• period of am (1) year pursuant to Paragraph 6 of this Agreement. 8. In the event the Developer shall fail or neglect to fn1i311 its obligations raider this Agemwt, upon oertiftdon of such Muse, the county Admiatmrstar may draw upon the Letter to secure satisfactory compietiam, repair and maiWwance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, purgumt to public adva tisement and receipt and acceptance of bids, the Required Improvements described herein. The Developer, as principal under the Latta, shad be liable to pay and to indemnify the- Board, upon completion of such construction, the final total coat to the Board thereof, inoludiung, but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, Packet Page -829- OR 4517 PG 690 4/10/2012 Item 16.A.8. wbi* the Bond may suodn on account of the failure of the Developer to hM all of the provision of this Agreement. All of the terms, covenants and conditions herein contained an and Wa be binding up= the Developer sad *z rWwdve sw==z and swigns of the Developer. IN WITNESS WEMEOF, the Board and Developer have caused this Agreement to be oxmned by dw duly u6odzed npmwt&veg this _Z& day of 16 .2004. Signori, sealed and doUvered in *e pnm=o of NMO Prhd grATEOPOHED COUNTY' OF SM The &M%ljWUA* wo Joseph *000= p -" ' 'go Coen _ Weber, a n C Lwft CM9M. He id=dficaum WITNESS ayboad and n 0*4 DEVZL4DPZP-- C=YGA7Z DZVZWPTdENT, LLc a Flmida LbdW Liabflky CmoMy CC) By 0) �11 Lt4 /0 - day of 6j7AfAgW Y �"/ - ,, 2004 by Developnwrit LLC, A Plan& Lmated know to me WMML ANIL INIfyMb llG,r, f3h* .:' . r 1 q., Appo VeAj fom and legal suffickwy: CAW 2004. Sfvw"#lofNo* Name of Notary typed, V4W or printed NOTAILYPU33LIC CDMMi2d(M Numb= Packet Page -830- M. ITT, kwn# 7 AQW& DO Dab reread OR 4517 PG 691 ataeu TRiwe aER++us sraar STARIDBY LETi'ER OF CR6D1T'D1iPAR'iHENT P.O. am 5101 CLEVELAND, OR 4MMAM01 U.B.A. BTREET ADDREBB: 2700@ KUiCR= BLVD. CLEVELAND. ON 44122 uuwocmz STANDBY ITT= OF CREW NO. SCLOO96 5 DATE: FEBRUARY 19, 2004 BENEFICIARY* TAB HOARD OF COUNTY 2800N. HORSESHOS NAMM,'FL 34104 DAIBANDPLACE OF ?'+ FEBRUARY 16,200 , ,om j 4/10/2012 Item 16.A.8. IRLIX" 212u7 ANBWER DAOK: NCe DR BMW'h HATCUBM 1.60-Hoo -a . ( PAY Cris) 4"-Tuo FAY: (216) 476-76a2 MDBVEWPMBNT,LLC IH MAIN STREET, SUTPS 500 OH 44308 j--, WE HERWYESTAH11160 ,OURERRE mnm&WXSTONDBY LEM OF CREDIT NO. SC 009645 DATED FEIBRUARY f$ . Ot, IN YOUR FAVORTI4ftE . S. U. 51,709,814.70 (ONE MllLlClN 2 RGxpD III�TE THOUSAND Etc -- F0l)R7 SN & 70n00 U.S. DO[J ARS) FOR T= AC0.0 IT F C17YdA1'E LIA ISO SOUTH MAIN STREET, S[A4T? 500, FUNDS ARE AVAILABLE BY DRAWN ON NATIONAL CITY BA 4K, CLEVELAND, OMO C ISSUBR') AND ACcobeANIED BY BIII I I I MARY'S STATIIMlW PURPf)RTSDLY SIGNED BY THE COUNTY MAMA=?, CER.TIFYM TRAM - CITYOATE DFsVMMMFNT, LLC HAS FAILED TO CONSTRUCT ANDMMAIISTAIN THE IMMOVBMBNTS ASSOCIATBD WITH TRAT COMAIN PLAT OF A SUBDWISION KNOWN AS (INSE RTNAME OF SUBDTVISION) OR A FINAL VWECTTON SILTIWFAC MY TO OOLLU R COUNTY HAS NOTBM PBRFORMSD PRIOR. TO TIM DATE OF EXPIRY, AND SATISE'ACTORY ALTERNATIVE PERFORMANcs SECURTIY HAS NOT BMW PROVIDED TO AND FORMALLY ACCBi'TED BY THE BBNE WUXY." TIM LM7ER!0PO EDIT SHALL BE VALID UNMFEBRUARY 16,2005 AND SHALL THBREAFM BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONB- YEARPERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, TBE ISOMMNOTIFY 7W BBIWICIARY IN W)MI NG BY R3GISTM MAJL THAT WE ER.BCT NOT TO 80 Rffi+t W TTS LETTBROF CREDIT. DRAFTS) DRAWN UNDER THIS LETTER OF CREDIT MUST BB MARKED: "DRAWN UNDER NATIONAL CITY BANK, CLEVELAND, OMD LETTER OF CREDIT NO SCLOOMS, DATED FEBRUARY 19,2W. THE ORMI NAL LE77M Of CREDIT AND ALL AM MdENTS, IF ANY, MUST BE PRESENTED FOR PROPER MW0R5MfflNT, w4M(pW.vM OFtIG "L Packet Page -831- OR 4517 PG 692 4/10/2012 Item 16.A.8. J OLI IM Boma= ow OLBA Tam: 21M PhdonolCft 87MM l y 1SI M OE caw DMMM AIXWBR SAM Un NR P.O. soot Sim swFt: NATO!lM CLEM AM, 0" ,4101-0101 U.B.A. ' �- eoo- MCxa�tnn. BI'IRM ADDIMM (42"M) 28008 WLLW"M am PAX- (21a) 4M?854 CLEM I AND, ON 44122 PAX- (218) as -7852 PAGE20F2 L/C M. SCL009"5 !c, !ri:,, .,• .!^ 1' 1'u '+I d-'q }u��•1^ a e • « IJ:, 1 1"� • L : :s., ,1 :, '.1 :,' :f'1:, M:lr tc :v: {:l:ii' •' I' 1:1 p: II:!F: :�: • ' «: �•I :a LI' :�: «: s� r1j „i D.4Y I�Ry•; t!f, •I:,.Y • -. Ct:l�Si „l: /,i Mo VERYTRULYYOURS, NATIONAL MYBAN$, BY: , .ww 'ZW. K WAM MMOM3ARY THUDRAM) DRAWN UNDULAND 3 iWRLBEDULYHONORED TIN: GLOBAL TRADE OF TMS LE1 rJoL OF umorr. T I3 TH£ HIPM AND PRACnM POR !993 REVISIOTi, OFCOMMERCE ff � ASSISTANT YIM PRESIDENT Mrw - �.., AM.ODU A 1 Packet Page -832- OR 4517 PG 693 �. 1n1101 ol 101F0itiXilQNa BDAC C 17$82 R0. oupinnm am 44121.0101 us A 8iNlT AOOIIRii: 78000 M�lAlll111C BL1f0. 1xEYO.AID.ORW 44t?k �.' To riam OF CHIT no.', smoo9so 'ISM oN 02/10/04 aMMMMM DM: 02/20 /04 AMMMM : 1 FAR WE A000M OF: CITYGM . 7DSVffiAOPMENT. LLC 159 MM NUN SUM, SUITE 500 ,, CSI 44308 31L FAVM OF: f ,�✓f - 1 �� Tgg Comm OF tXKA+11►Y COLLIER o FLDPMX; 2800 N. SOS$ DR i --- - ---,t� Nom. FL 34104 ffi ABYVE NMIONBD NZASE ADD TIM VMS 1 1 "CITY 0!1'PE OM2MC$ 1211M ON8" �1 Tf �:.. ALL O'i' M TSRlZS AND 8 Finli N 4/10/2012 Item 16.A.8. 7=: alawl/ A#1WXW MWj rM UB WNW: R LUM OF GMI 1400492M74 WORM OPT=A WWAMWS OMM 4 CQ<LEQROiIB OR 1'01111" 1 11 t. cipww'6 1 i "s -1 ri Y UTATMUM AS FOLLOWS: Z. 31IS AMMW IS TO BE OON{I MM A809E CREDIT .AND MUST 0 AS ATTACHED 1 . '` _ C C 1 90"10 a-. I1f011 NATIONAL CITY HANK CLEVELAND. OHIO Packet Page -833- . y � Y�I Y N R r �• v - �r t ti e � .ram ✓i:��$ u L'.'r "1 '� ar f:s sA ;ir �b� 4'by �} .' q- y�- . -'F..- I q 1 -. .' 'rk �t 6 ?,• i Z f4 Z W N 't t� � 'i �`'•` �r .+y `v��k k.%� ti. � � .- i e v' 1 1 � -, } t +v � �t f-� '`4n{ ,y,4'S"'. a ........... M 4t . S nt T t , Ar tyy r OR 4517 PG 696 4/10/2012 Item 16.A.8. Packet Page -836- OR 4517 PG 697 4/10/2012 Item 16.A.8. x QJW S NS $ SO a N�1RHHS i5[ J � m o m° O NaC SS '10Sq 0 W Q < C N a; o) EV m O Z N0 Nig HNW Nmm Nm H N°m N$NNi° NNin N NoN HH HNnNoi _ H ! 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WJ o o~ X \x N o E;N io ni00 v q o o p N O N� F N Qm f W N N H N N N N N N N N H N N N H N H H H N N N N N i.. , IEI OD Si°On S.°OOS p p OpS SSS N^ y Ih y t7 ' OI O J HI N S O m< O q S O O N O N S O N O m p G - N N N H H i0 N N mO N N Uf N H N N N H N N i d O — V ¢ m U �Z LL - OU r 'o F LL O O 3 �Q J ¢ EA"U So O N Ju` U dN d LLrUn a U .H f d N ' r'Y�Ol ip 5 = - a _5Lf�g d _ "AN�mH � i' U U z o `• - UloNaH �OdV N 3 U F � O a VmNHN d �� Q d 'N Q m o ° C Q i n d m ; L d i m U N EH A tN o d ¢ ¢ tvN N JN J f� n ; ' t PaMEM& uO aEa i� °°M nOm1 p o r G r O O O • O � 'Y (bO q T � r n 6.6 D O < ;M-; N < N N n �( n tN 7 n 0 iCQ H H H H H N H N N N H NN N H H N NW _O Em[O °�= N 1N G NN � S° O B S G SO OtG � S^ G S OO � O U 0 S m m < S O i 7 Od O c OC i H N N N N � H N ¢ O U t3 N 2C 0 '¢ o :m O F Cp U � aD J � a - 2 LL N � JF- .0 FF m d d C5 cc 0 Jffl 01 v Cry w an ' �0 m m O p Q N A C C G G C m 3 C m r9 : _ `-C m�d dC 7 CY 5I a UQ f m SQU ; n L, f 4 c - � ry i �O U C F nENym 000'�: c•c —t0 cd E o o F GC-i UUU NN b. -W N O W Ja U 2 0¢ d ( LL J fnN } FFSS 1` 'C YTT UI N(4 CO VJJ LLLL J(nJJJJ LLNNN yNYn J JJJ N (A NN(nNN J JJJJ J ♦?4�mornm(po�� N° � � � p ¢ Z Packet Page -837- OR 4517 PG 698 4/10/2012 Item 16.A.8. COA road impact fee credits ( "COA Credits ") will be applied to road impact fees assessed at each building permit in the Phase Two Plat until fiords are depleted or build- out of the Phase Two Flat. COA Credits will be calculated by multiplying the applicable square footage on the building permit by the rate for the applicable land use road impact fee rate that was used to calculate the estimated impact fee payment for issuance of the COA. 1� during the review of a Site Development Plan, it is determined that the proposed land use is different than the land uses included in the calculation of estimated impact fee payment for issuance of the COA, then the calculation of road impact fees and the calculation of COA Credits will be addressed at Site Development Plan, but the COA Credit shall be no less than the lowest land use road impact fee rate that was used to calculate the end. i Vact fee payment for issuance of the COA. Any difference between the be due upon building permit ce and will be app i Any cash payments mad� it i .1 suance due to applied toward the next "200% 6 pa 1l-�- CONpVIERGAI- DCAAMl.E. use Sa. office 5010e $16,763/100q,4, I Indusbial 650,5 4 `l $ 7,732/ 100011 1' Year 20% Payment Additional Cash Paid 1s' Year' 2id Year Payment TOTAL 20°x6 Payment Additional Cash Paid 2"d Yearm 3'd Year Payment the credit being applied will zi the next 20% payment. n of finds will also be COA Pavment $ 167,630 $1,006,010 $1,173,640 $ 152,890 $1,020,750 $1,173,630 $ 379.250 $ 794,380 1't Yearvermits AmountAssessed Credit Amount Cash Payment Credit Balance $ 1,173,640 Office 10,000 sf $166,730 $166,730 0 $ 1,006,910 Industrial 50,000 sf $386,600 $386,600 0 $ 620,310 Industrial 100,000 sf $773,200 $620,310 $152,8901 0 2"d Yearnermits Amount Assessed Credit Amount Cash Payment Credit Balance $1,020,750 Office 10,000 sf $2001000 $166,730 $ 33,270 $ 854,020 Industrial 50,000 sf $400,000 $386,600 $13,400 $ 467,420 Industrial 100,000 sf $800,000 $467,420 $332,580 0 $379,250' Packet Page -838- EXHIBIT Q OR 4517 PG 699 0 4/10/2012 Item 16.A.8. Exhibit "R" CERTIFICATE OF PUBLIC FACILITY ADEQUACY COA #: 04 -5108 AR #: 4787 (City Gate Commerce Center Phase One Plat) ISSUED DATE: OWNER NAME: Citygate Development, LLC OWNER ADDRESS: 159 S. Main Street, Akron, OH 44308 LEGAL DESCRIPTION: Lots 1, 7, 8, 9, 10, 11, 12, 13 & 14 of City Gate Commerce Center Phase One as recorded in Plat Book 41, Pages 6 and 7, of the Public Records of Collier County, Florida. This is to certify that adequate transportation -Ari ' 'es have been determined to be available pursuant to the Collier County Adequate Pub1i'Faier_ ue and capacities are hereby allocated for the following use(s): f OFFICE RETAIL RESTAURANTS -HIGH This certificate of adem This Certificate is perpetual a's USE OFFICE RETAIL RESTAURANTS HIGH T.O. TOTAL ROAD IMPACT CREDITS for the property in legal description above facilities "runs M SCRJARE FEET 68,987 7,051 9 L, 16,000 .nd;'31 scribed herein. Collier County Authorized Agent Nick Casalanguida, Transportation PI Transportation Planning Department SO. FT. RATE PER 1.000 SO. FT *. 68,987 $15.478 27,051 $13.953 16,000 $55.735 anning Director TOTAL $1,067,780.79 $377,442.60 $891.760.00 * Rates in effect at time of initial payment $2,336,983.39 Page t of 2 Packet Page -839- d OR 4517 PG 700 4/10/2012 Item 16.A.8. ADDENDUM CERTIFICATE OF PUBLIC FACILITY ADEQUACY COA #: 04 -5108 USE OFFICE RETAIL RESTAURANTS HIGH T.O. TOTAL ROAD IMPACT CREDITS for the property in legal description above Road Impact Fee Credits will b by the rate for the applicable lei payment for issuance of *b proposed land use is different tl for issuance of the COA, /the Credits will be addressed S' lowest land use road impati of the COA. AR #: 4787 (City Gate Commerce Center Phase One Plat) SQ. FT. RATE PER 1.000 SQ. FT ". TOTAL 68,987 $15.478 $1,067,780.79 27,051 $13.953 $377,442.60 16,000 $55.735 $891.760.00 * Rates in effect at time of initial payment $2,336,983.39 C, 0 by multiplyutg- licable square footage on a building permit road impact fee rate v S to calculate the estimated impact fee unngreuie�v,,of a Si Development Plan it is determined that the the I in the aalcu�lation of estimated impact fee payment and the calculation of Road Impact Fee ►evel pmet ad pact Fee Credit will be no less than the c y e impact fee payment for issuance At any time, any unapplied l�#'JTpact Fee Credits, (g�yner deems unnecessary for the build - out of the Phase One Plat, mays tre usf4red to ano r portion of the City Gate Commerce Center PUD, provided that any a transferred impact fee credits are relinquished from this COA and this m to delete those entitlements. The transferred Road Impact Fee Credits shall be added to any COA or comparable certificate issued to evidence advance road impact fee payments made in conjunction with the platting or development of the Phase Two Plat or any unplatted lands within the PUD. Collier County Authorized Agent Nick Casalanguida, Transportation Planning Director Transportation Planning Department Page 2 of 2 Packet Page -840- OR 4517 PG 701 I� r-- i i i L - - -- 4/10/2012 Item 16.A.8. Packet Page -841- o � mn w g �a M W J N O lid III OR 4517 PG 702 4/10/2012 Item 16.A.8. Packet Page -842- OR 4517 PG 703 k 1,41 d w� s� 1, 4/10/2012 Item 16.A.8. C M rT l I oil 1 d rr I �� I �aC 1,z ` !' W !� I 4)- 2n LLJ ■ I a 4 Packet Page -843- A I<IIAIi w m � lid III ! pill fi * ** OR 4517 PG 704 * ** p■ 11 Jill 1 1 1 1 1 @%��{ p8 `F¢y 1717 �s g1� 1��jty � �tr /F_ u J I m 1 if I �l 4/10/2012 Item 16.A.8. ERR C4 .t s Packet Page -844- ~ N ~W m� Z� Z u OW ge f� R $ F 0 m Q A f 1 Q I Packet Page -844- ~ N ~W m� Z� Z u OW ge f�