Agenda 12/11/2012 Item #16A2512/11/2012 Item 16.A.25.
EXECUTIVE SUMMARY
Recommendation to recognize the commitment of the prepayment of road impact fees in
the Hammock Park Commerce Centre Developer Agreement (Agreement) recorded in
O.R. Book 4202, Page 675 and to convert a temporary three year Certificate of Public
Facility Adequacy (COA) into a COA in perpetuity.
OBJECTIVE: To recognize that Wilton Land Company, LLC who purchased the Hammock
Park Commerce Centre from Sembler Family Partnership 442, Ltd. (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 Board of County Commissioners (BCC) approved a Developer
Agreement on February 27, 2007 which is recorded in Official Records Book 4202, Page 675.
The Agreement required the Developer to convey right -of -way for the extension of Rattlesnake
Hammock Road and to pre -pay impact fees to the County. The Developer was issued a three
year temporary COA after receipt of the initial payment equal to one half the road impact fees
due for 160,000 square feet of retail space within thirty (30) days of the expiration of the appeal
period for the approval of the Hammock Park Commerce Centre Commercial Planned Unit
Development. The Developer made a payment of $1,010,640 for road impact fees pursuant to
the Agreement. The COA expired on May 25, 2010.
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 Hammock Park
Commerce Centre were reduced by approximately 40% versus the rates in effect at the time the
2007 Developer Agreement was executed. On June 14, 2011, the BCC 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 $1,010,640.00
surpasses thirty three percent of the estimated Hammock Park Commerce Centre road impact
fees based on current rates (Estimated at $518,293.78). Final calculation of the remaining road
and other impact fees due will be based on the impact fee schedule in effect at the time of the
issuance of building permits for the 160,000 square feet of retail space.
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 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 right -of -way conveyance was
completed and recorded in O.R. Book 4336, Page 3681 and the roadway adjacent to Hammock
Park Commerce Centre is operating at an acceptable level of service.
Packet Page -2448-
12/11/2012 Item 16.A.25.
FISCAL IMPACT: Due to the reduction in impact fee rates, the applicant has paid
approximately 64% of the current impact fees applicable to this development. Road impact fees
previously collected through the Agreement amount to $1,010,640.00 and the estimated
remaining balance due using the current estimated transportation impact fees is $559,947.20.
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. This approach is consistent
with the Board's action on April 10, 2012, regarding the City Gate Developer Agreement (back-
up attached). Because impact fees have fallen subsequent to the execution of the Agreement, 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 64% of the current road impact fees due at this time and directs the County
Manager or his designee to issue a COA in perpetuity.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
Attachments: 1) Original DCA; 2) Site Map; and 3) City Gate Executive Summary and Recap
Packet Page -2449-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25.
12/11/2012 Item 16.A.25.
Item Summary: Recommendation to recognize the commitment of the prepayment of
road impact fees in the Hammock Park Commerce Centre Developer Agreement (Agreement)
recorded in O.R. Book 4202, Page 675 and to convert a temporary three year Certificate of
Public Facility Adequacy (COA) into a COA in perpetuity.
Meeting Date: 12/11/2012
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
11/9/2012 8:32:13 AM
Submitted by
Title: Deputy Administrator - GMD,Business Management & B
Name: CasalanguidaNick
11/9/2012 8:32:15 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/9/2012 11:18:56 AM
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 11/14/2012 3:45:00 PM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
Date: 11/16/2012 4:26:51 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/26/2012 11:07:14 AM
Packet Page -2450-
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2012 4:08:05 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 6:10:55 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 1:43:45 PM
Packet Page -2451-
12/11/2012 Item 16.A.25.
12/11/2012 Item 16.A.25.
DEVELOPER AGREEMENT
HAMMOCK PARK COMMERCE CENTRE
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this aDl! -of F , 2007, by and between SEMBLER FAMILY
PARTNERSHIP #42, LTD., hereinafter re ed to as "Developer," whose address is 5858
Central Avenue, St. Petersburg, Florida 33707, and COLLIER COUNTY, FLORIDA, a political °
subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms
not defined herein shall have the same meaning as set forth in the Collier County Consolidated
Impact Fee Ordinance, Ordinance No. 2001 -13, as amended.
r
0
RECITALS:
WHEREAS, Developer has legal control over or is the owner of approximately 20.23 o a
acres of land in unincorporated Collier County, Florida, zoned as the Hammock Park Commerce
Centre Commercial Planned Unit Development (Development) on which Developer will e o
construct and receive Certificates of Occ wo (2) phases, of approximately Forty -Five o %X:0
Thousand (45,000) square feet of r i o proval of an amendment to the PUD = N
( "Phase 1 ") and an additional O ed and iF [e and (115,000) square feet of retail ° !9 cr%
space on or after substantial c on of the six (6) -lane ' pr vement of that portion of Collier
Blvd. which is adjacent to t e 2 "). p depicting the Development, " o
together with the legal desc pti , is atta a Exhi it A; a C
° .rte
WHEREAS, there is nt e i p i tin f r Amendment of the PUD m
too c
identified as AR- 10030, n was i y the County to be filed by CIS C3
Resolution No. 06 -143; and [ ' ° 'b
`1 r r�7
'ti✓ n ..r
WHEREAS, Develop llin to conve o without an " o 0
P g y y impact fee credits, a m
approximately two acres of Ian icted and gene cribed in Exhibit B (the "Subject cys�
Parcel ") for road right -of -way to a qn ^ s part of the proposed extension of r
Rattlesnake Hammock Road. The fin figuration of the Subject Parcel shall be
determined upon completion of the final Phase 1 design; and
WHEREAS, County desires to advance the widening of Davis Boulevard and Collier y
Boulevard north of its intersection with Davis Boulevard, but has a funding shortfall and
Developer desires to assist the County in funding the referenced road improvements by pre- ti
paying fifty percent (50 %) of its transportation impact fees for all 160,000 square feet of retail o e
and/or office uses authorized for the Development, which County will utilize for the Davis and
Collier Boulevard improvements; and
WHEREAS, this Agreement is structured to insure that adequate public facilities are
available to serve the Development concurrent with when the impacts of the Development occur
on the public facilities; and
WHEREAS, the parties have agreed to certain terms and conditions set forth below; and
Packet Page -2452-
OR: 4202 PG: C 12/11/2012 Item 16.A.25.
WHEREAS, after reasoned consideration by the Board of County Commissioners, the
Board finds that the terms and conditions set forth below are in conformity with contemplated
improvements and additions to the County's transportation network, and are consistent with both
the public interest and with the County's comprehensive plan, and other regulations pertaining to
Development; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan ") is in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that:
a. The subject Proposed Plan is in conformity with the contemplated improvements
and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other dgydopers, will not adversely impact the cash flow or
liquidity of the Cou trust accounts in such a way as to
frustrate or inter f er p going growth- necessitated capital
improvements r tions to the Count portation system;
C. The Propose P1 con ' bot the public interest and with the
comprehensi a lan, inc " the ost re ent y adopted five -year capital
improvemel pr r r o a s ati n system, and complies with
the require ent of the o Ii u s id ted Impact Fee Ordinance; and
d. Developer i ai the wo san N undred Dollars ($2,500.00)
application fe this Agreement. >0
NOW, THEREFORE, in consi `i-"
e en 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.
2. Developer shall convey marketable title to the Subject Parcel to the County in fee
simple, made by executed Warranty Deed, suitable for recording, the general form of which is
attached hereto as Exhibit "C ", free and clear of all liens and encumbrances, exceptions, or
qualifications, excluding those applicable to subsurface mineral rights and/or natural gas
deposits, existing FP &L and County easements, and any other existing easements for utilities
and drainage. The County agrees to condemn the easements described in Items 7 and 11 on
Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements.
Marketable title shall be determined according to applicable title standards adopted by the
Florida Bar and in accordance with Florida law. The Subject Parcel will be conveyed no later
than the earlier of (I) first approval of the Phase 1 Certificate of Occupancy with respect to this
Development, or (2) 365 days after the approval of the Agreement, with the executed Warranty
Page 2 of 7
Packet Page -2453-
OR: 4202 PG: 0 12/11/2012 Item 16.A.25.
Deed provided to the Office of the County Attorney. County will pay the costs of any title work
and searches, and Developer shall be responsible for all costs for promptly removing or curing
any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County
shall record the Warranty Deed in the Public Records of the County. Except as set forth herein,
all costs of recording and conveyance shall be paid by the Developer. With respect to this
provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey
the parcel to County, as set forth herein shall result in actual damages to County. In that actual
damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall
pay to County as liquidated damages the sum of $1,000 per day for each day past the deadline
that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in
place of County's claims for actual damages. All provisions of this Agreement shall survive
closing and be enforceable by the County and Developer and their successors and assigns.
3. The parties acknowledge that the conveyance of the Subject Parcel is
characterized as property rights acquired by a highway or road agency for the improvement of a
road within the boundaries of a public right -of -way.
4. If requested by the Co o, - hee Developer shall provide to the County
Attorney, at no cost to the Couo, identifying the record owner, his
authority to enter into this Agre d identify any ers having a lien or encumbrance
on the Subject Parcel. Said o mi ' shall s ecifically des b each of the recorded instruments
under which the record ov/ner o titl , 1 n or cu brance, and cite appropriate
recording information and ico oe„byere cm,�v o I su, h referenced instruments.
5. Within 30 ay after thI x` i a ` 1 ppial periods for Developer's
Amended CPUD Ordinanc � o ape I , De el a [961 prepay to County one -half
(1/2) of the County's estim io oad Impact Fees r the ev lent. Upon payment of these
fees, Developer shall receiv " ertificate of Ade b hcilities ( "Certificate ") vesting
the Developer's Project to c t 160,000 square t }ail space, as more particularly
described in the PUD Documen for the purpos eting the County's Transportation
Concurrency requirements. Fin c_ uaing road and other impact fees due
will be based on the impact fee schedu f lte time of the issuance of building permits
for the 160,000 square feet of retail space. Payment of these fees vests the development
entitlements for which the Certificate applies on a continuous basis for three years unless
otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after
payment and receipt of the Certificate. Developer will receive Certificates of Occupancy in two
(2) phases, of approximately Forty -five Thousand (45,000) square feet of retail space on or after
approval of an amendment to the PUD ( "Phase I"), and an additional One Hundred Fifteen
Thousand (115,000) square feet of retail space upon the substantial completion of the six (6) -lane
improvement of that portion of Collier Blvd. which is adjacent to the Development ( "Phase 2 ").
6. Not later than 90 days prior to the expiration of the three -year period for the
Certificate, and following the completion of the Project to County standards, the County shall
notify Developer via registered mail of the remaining balance due for the estimated
transportation impact fees up to Fifty Percent (50 %), based on the level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule then
currently applicable. The Developer may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modify the Certificate to a
Page 3 of 7
Packet Page -2454-
OR: 4202 PG. O'12/11/2012 -Item 16.A.25.
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to include only the entitlements for which the
estimated transportation impact fees are paid. Once the balance of the estimated transportation
impact fees is paid, those estimated fees are non - refundable. The Certificate runs continuously
with the land in perpetuity after all estimated transportation impact fees have been paid. As
building permits are drawn down on the entitlements, the estimated transportation impact fees
already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It
shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e.
lot/tract purchaser) obligation to notify the County that a credit is available, each time a building
permit is applied for. If the estimated transportation impact fee account becomes depleted, the
Developer shall pay the currently applicable transportation impact fee for each building permit in
full prior to its issuance. In the event that upon build -out of the Development estimated
transportation impact fees are still unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or adjacent transportation impact fee
district, provided any vested entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements.
7. This Agreement
agreement under the Florida Lo(
8. The burdens
Agreement shall inure to, a]
written notice to the Count,
utilizing the County's the
property within the Hamm
owners of all of part of t
otherwise provided for in th
u or characterized as a development
Deve greement Act.
shall be bt din upon, and the benefits of this
,r-"e part s t this Agreement. Upon giving
rtreof he Road Impact Fee Credits,
t, a wners of other commercial
ec n �3 t Development, to successor
s. wners of out parcels, or as
ier County Consol
9. Developer ack es that the failt
condition, term or restriction Ish 1 lieve either
assigns, of the necessity of comply J=
permitting requirements, conditions, to
Ordinance.
greement to address any permit,
:ant or owner, or its successors or
, rule or regulation governing said
10. 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.
11. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
Page 4 of 7
Packet Page -2455-
To County:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A.I.C.P.
Transportation Division Administrator
Phone: (239) 774 -8872
Facsimile: (239) 774 -9370
OR; 4202 PG; 0� 12/11/2012 Item 16.A.25.
To SEMBLER FAMILY PARTNERSHIP
#42, LTD:
5858 Central Avenue
St. Petersburg, FL 33707 -1728
Attn: Craig Sher
Phone: (727) 384 -6000
Facsimile: (727) 347 -0247
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.
12. 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.
13. In the event of a di ment, the parties shall first use the
County's then - current Altemativ t esolutto I ure. Following the conclusion of
this procedure, either party ma action for injunctt re i f in the Circuit Court of Collier
County to enforce the terms f t 's sai erred bei g cumulative with any and all
other remedies available to tie parties o eo cr ent of t is Agreement.
14. Any future ` im r e
the County of Road Impact ee o
development, as defined by y
to the credit has been comp r Such
years from the completion of velo,
i hhll dome from future receipts by
irs nt � al) be paid until such time as all
s the location that was subject
t s all `? ade over a period of five (5)
r
15. An annual revie ` da , audit of perf under this Agreement shall be
performed by the County to dete e rt e has been demonstrated good faith
compliance with the terms of this Agre a ort the credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
16. This Agreement is contingent on and shall not become effective until final
approval of PUD Amendment, Petition No. AR -10030 and the expiration of all applicable appeal
periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed
by a third party, then on written notice, either party may terminate this Agreement. During this
contingency period and for 30 days thereafter, County shall reserve for the Development
sufficient capacity on the County's transportation network for 160,000 square feet of retail
commercial uses.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 5 of 7
Packet Page -2456-
OR: 4202 PG: 01 12/11/2012 Item 16.A.25.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
By: ( •
LK� -fif bb yjClerk
t�p11�tIR'! OA1 �
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
Signature
rG� IC✓ //�
PrinW Name 1 7
Signs ure
r cs,re
Printed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
SEMBLE FAM Y PARTNERSHIP #42, LTD.
By: Se4lqV Re it II, Inc., G peral Partner
i
STATE OF
TCOUNTY OF
The foregoing i strument was ackno is �_ day of , 2007,
by cr , as of SEMBLER RETAIq u, Inc.,
General Pa ner of SEMBLER FAMILY PARTNERSHIP #42, LTD., who is personally known
UL= or has produced as identification.
A-" jA W0---
•
Sharon M. Vizandiou
= Commission # DD473101 Notary Public /
Expires October 21, 2009 Print Nam r04 Al • 1// L Q 441/f ID ta`,
eeesM Soto O1myFwn- umcance.ine.!00-0!5-7019
1 My Commission Expires: 10/240?
An o e Jo form
J
atzkow
;sistant County Attorney
Page 6 of 7
Packet Page -2457-
Item # I (pez-91L
Agenda
Date
Raced a -A-01
OR; 4202 PG. 0 1p12/11/2012 Item 16.A.25.
LIST OF EXHIBITS ATTACHED TO AGREEMENT
Exhibit A Legal description and graphic rendering of the Development
Exhibit B Description and Depiction of Subject Parcel
Exhibit C Form of Warranty Deed
Page 7 of 7
Packet Page -2458-
OR. 4202 PG. 0... 'q '01 n
12/11/2012 Item 16.A.25.
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land located in the southwest 1/4 of Section 14, Township 50 South,
Range 26 East, Collier County, Florida, being more particularly described as
follows:
O.R. 1573, Page 355
The North one -half (N1 /2) of the South one -half (S1 /2) of the Southwest one -
quarter (SW1 /4) of the Southwest one - quarter (SW1 /4) less the West 100 feet of
roadway for County Road 951; Section 14, Township 50 South, Range 26 East,
Collier County, Florida and th_e3Y4sLS.Q foot parcel of the South one -half (S1/2)
of the Southeast one ae Southwest one - quarter (SWI /4);
Section 14, Township ange ,Mier County, Florida.
O.R. 1708, Page
The South 1/2 bf f 1/4 f the Southwest 1/4 of
Section 14, To s p 0 u e t, of ier ounty, Florida, less the
west 100 feet t o f r Y.
Containing 20.2 s, more or less.
Packet Page -2459-
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i� 4202 PG; Q��1?/11 /2012 Item 16.x.25.
WARRANTY DEED
THIS WARRANTY DEED made this day of , 20_, by,
(hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post
office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as
"Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that
certain land situate in Collier County, Florida, to wit:
See Attached
Subject to
This i
TOGETHER with all Pe
or in anywise appertaining. (-
TO HAVE AND TO
restrictions, and
same in fee
AND the Grantor herebyN v ` nts with said
said land in fee simple; that thelo s ood
said land; that the Grantor hereby f 4 IP
against the lawful claims of all perso
encumbrances except as noted above.
d herein by reference.
ry ions of record.
of
rtenances thereto belonging
`!f,Xt the Grantor is lawfully seized of
9-lawful authority to sell and convey
said land and will defend the same
and that said land is free of all
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
WITNESSES:
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
a
Packet Page -2462-
[GRANTOR NAME]
'ham
OR: 4202 PG: 0( 12/11/2012 i II tem 16.A.25.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of
20_, by [GRANTOR], who:
is personally known to me
OR
has produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial / Commission # (if any):
emission Expires:
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Cif
KE CtRC
WARRANTY DEED
Packet Page -2463-
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12/11/2012 Item 16.A.25.
4/1=012 Item 16.A.8.
I
Rec- mmeadatioa to reooglriae Nye commkmmt of the prepayment of read impact fen b
the City Cate Developer Agreement (Agreement) recorded in O.R. Book 4517, Page 649
and to eonrert a temporary five year Cerd5cabe of Public Facility Adequacy (COA) into a
COA b neraetnity
2AM COA • To recognize that City Gate (Developer) has paid sufficient funds to meet the
regniroment needed to achieve a COA in perpetuity based upon modifications to
the Consolidated Impact Fee Ordinance.
0 • The BCC approved a Developer Agreement on December 1, 2009
which is recorded in Official Records Book 4517, Page 640. This Agraanerrt defined
transpo'" ioa commitments, enlmm access and proaezvee the Wilmn/13en6eld transportation
cmdor consistent with the County's Long Range Transportation Plan. The Amt also
identified a specific dollar commitment based on values fbm a fee schedule adopted at that time
and established payments into five equal annual iastaihnents. 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
Agreemart was exemted. On June 14, 201I, the Boars! 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 $3,520,92I.56
suupasses 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 Crate development (CR -951 at
I -75) is under construction aW 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 mad 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
aclmowledge 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 Cate
contemplated to be funded by the Agreement is fully funded and under construction and they are
in compliance with our current fee schedule.
FISCAL DRACT: 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 cxtaent impact fees
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—�— 12/11/2012 Item 16.A.25.
4/1012012 Item 16.A.8.
applicable to des development Road impact fats previouualy colloc W through the Agreement
amount to $3,520,921.56 and the elimination of fuhme Payments will not impact project #60092
(CR -9S1 at 1-75).
There is no Growth Management Impact associated
with this Executive Summary.
LWj AL CON RRATIONS: This item has been reviewed by the County Attorney, with
staffs approach having been recommended by the County Attoroey. Because impact fees have
Man subsequent to the execution of the DCA, the Developer's commitment to prepay esbm&*d
Umuportation impact fees has been ful UM& Accordingly, this item is lapUy sufficient,
M062 majority vote for approval, JAK
7bat the Bond 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 papetuuity and suspend the requirement for three
additional payments as defined in the current Agreement
Prepared By: Nick CasalwWida, Administrator, Growth Management Division
Attacbmatts: 1) Original DCA; 2) Site Map
:VW*,
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12/11/2012 Item 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 10, 2012
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Colette - BCC Vice- Chairman; Commissioner, District 5; CRAB Vice -Chair
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH TBE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
April 10, 2012
Page 1
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12/11/2012 Item 16.A.25.
Developer most receive a Certificate of Adequate Public Facilities
prior to the imunce of the final Site Development Plan approval
Moved to Item *11L (Per Commissioner Hiller during Agenda Changes)
7) This item requires that ex parse disclosure be provided by
Commission members. Should a hearing be, held on this item, all
participants are required to be sworn in. Recommendation to approve
an extension for completion of subdivision improvements associated
with the Esperanrs Place subdivision pursuant to Section 10.02.05
B.11 of the Collier County Land Development Code.
!: 8) 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.
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Fiddler's Creels Phase 3,
Unit Four with the roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
security and acceptance of the plat dedications.
Resolution 2012 -58
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Sterling Oaks — Phase 2A
with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -59
11) Recommendation to approve the award of Contract # 11 -5724 to Hole
Montes, Inc. for Construction Engineering Inspection, Landscape
Inspection and Site Restoration Services for the "Vanderbilt Beach
MSTU: FPL Underground Conversion Project - Phase 1, 2, 3"
pursuant to RFP # 11 -5724, in the estimated amount of S1 65,544.
Providing hurricane protection and aesthetic improvements
through the burial of the existing overhead power lines
April 10, 2012
l Page 11 .
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