Agenda 12/13/2011 Item #16A 3n
Recommendation to grant final a f
Improvements for the .final plat of CI
and within Tract `A' of City Gate C
roadway and drainage improve
Authorizing the release of the mal
water and sewer improvements; and
OBJECTIVE:
To grant final approval of the infrastru
subdivision known as City Gate Comm
City Gate Commerce Center, Phase O
will be accepted by the Board through a
1. On September 14, 2006, the
granted preliminary accept;
improvements in City Gate Cor
12/1312011 Item 16.A.3.
oval of the roadway and drainage
Gate Commerce Center, Phase Two,
nmerce Center Phase One with the
)nts being privately maintained.
mane security which Includes the
.ceptance of plat Dedications.
improvements associated with that
Center, Phase Two, and Tract `A' of
The water and sewer improvements
irate agenda item.
Development Services Department
of the roadway and drainage
Center, Phase Two.
2. The roadway and drainage im rovements will be maintained by the
project's master property o ers' association, or Community
Development District. j
3. The required improvements have
Land Development Code. The I
has inspected the improvements
the improvements.
4. A resolution for final acceptance
County;Attomey's Office. A,copy
5. This PUD has been found to be in
6. The Developer also wishes to
final acceptance. Fees for i
provided by the developer.
FISCAL IMPACT:
The roadway and drainage improvemE
master property owners association or
existing security in the amount of $3;
Packet
n constructed in accordance with the
Development Services Department
is recommending final acceptance of
s been prepared and approved by the
the document is attached.
compliance.
Warranty Deeds concurrent with the
g the Warranty Deeds have been
will be maintained by the project's
nmunity Development District. The
10.00 will be released upon Board
-1032-
12/13/2011 Item 16.A.3.
.-� approval. The original security in the amount of $3,856,378.53 has been
reduced to the current amount of $350,580.00 based on the previous work
performed and completed and pursuant to the terms and conditions of the
Construction, Maintenance and Escrow Agreement dated January 27, 2010.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency. This item is ready for Board consideration and approval. STW
RECOMMENDATION:
Grant final acceptance of the roadway and drainage improvements in City Gate
Commerce Center, Phase Two, and Tract `A' of City Gate Commerce Center,
Phase One, and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
/"*N 3. Authorize the Clerk to record the attached Warranty Deeds.
PREPARED BY: John Houldsworth, Senior Site Plans Reviewer, Land
Development Services /Engineering Review, Growth Management Division,
Planning and Regulation
Attachments: 1) Location Map 2) Bond Basis 3) Resolution 4) Warranty Deeds
Packet Page -1033-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3.
12/13/2011 Item 16.A.3.
Item Summary: Recommendation to grant final approval of the roadway and drainage
improvements for the final plat of City Gate Commerce Center, Phase Two, and within Tract'A'
of City Gate Commerce Center Phase One with the roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance security; and acceptance
of plat Dedications.
Meeting Date: 12/13/2011
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
11/17/20116:50:52 AM
Approved By n
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 11/17/2011 1:53:32 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/17/20113:06:31 PM
Name: BeardLaurie
Title: Planner,Transportation Planning
Date: 11/17/2011 3:29:29 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 11/18/2011 12:50:42 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/18/20113:17:44 PM
Name: CasalanguidaNick
Packet Page -1034-
n Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/21/2011 10:09:08 AM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 11/22/2011 8:37:25 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20119:52:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/2011 2:43:47 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20113:23:05 PM
Packet Page -1035-
12/13/2011 Item 16.A.3.
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12/13/2011 Item 16.A.3.
Packet Page -1037-
12/13/2011 Item 16.A.3.
RESOLUTION NO. 11-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN CITY GATE
COMMERCE CENTER, PHASE TWO,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 49, PAGES 97
THROUGH 100; AND ACCEPTANCE OF TRACT
`A' OF CITY GATE COMMERCE CENTER
PHASE ONE; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE DEDICATIONS TO THE
COUNTY WHICH WERE MADE ON THE PLAT
AND ACCEPTANCE OF THE EASEMENTS
WHICH ARE DEDICATED PURSUANT TO THE
ATTACHED WARRANTY DEED; THE
ROADWAY AND DRAINAGE IMPROVEMENTS
ARE REQUIRED TO BE MAINTAINED BY THE
CITY GATE COMMERCE CENTER
COMMUNITY DEVELOPMENT DISTRICT OR
CITYGATE DEVELOPMENT, LLC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
July 28, 2009, approved the plat of City Gate Commerce Center, Phase Two for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Land Development Services Department has inspected the
roadway and drainage improvements, and is recommending acceptance of said facilities.
Packet Page -1038-
12/13/2011 Item 16.A.3.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in City Gate Commerce Center,
Phase Two, pursuant to the plat thereof recorded in Plat Book 48, pages 97 through 100,
as well as those improvements within Tract `A' of City Gate Commerce Center, Phase
One, and the Clerk is hereby authorized to release the maintenance security. Additionally,
the Clerk will make notation of the Board's acceptance of the Warranty Deeds on the
final plats of City Gate Commerce Center, Phase One as recorded in Plat Book 41, pages
6 through 7 and City Gate Commerce Center, Phase Two. The Owner will reimburse the
County the recording costs of the Warranty Deeds.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within City Gate Commerce Center, Phase Two, and Tract 'A' of City
Gate Commerce Center, Phase One will be maintained privately, and will not be the
responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2011.
DATE:
ATTEST:
^ DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legal
sufficiency: ( ;
Steven T. Williams 1 '7/„
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE , CHAIRMAN
Packet Page -1039-
12/13/2011 Item 16.A.3.
This Instrument Prepared By and Please Return To:
Roger B. Rice, P.A.
9010 Strada Steil Court
Suite 207
Naples, Florida 34109
(239)593 -1002
DEDICATION OF ROW
CITY GATE COMMERCE CENTER PHASE TWO PLAT
THIS DEDICATION, made this Il 1. day of November, A.D. 2011, between 850 NWN,
LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron,
Ohio 44308, joined by CG II, LLC, a Florida limited liability company (collectively "Grantor "), and the
CITY GATE COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district,
its successors and assigns ( "Grantee "), whose address is: c/o Roger B. Rice, Esquire, 9010 Strada Stell
Court, Suite 207, Naples, Florida 34109.
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and their heirs, legal representatives, successors and assigns. "Grantor" and
"Grantee" are used for singular and plural, as the context requires and the use of any gender shall
include all genders.)
Whereas Grantor caused the Plat entitled City Gate Commerce Center, Phase Two to be recorded
in Plat Book 49, Pages 97 -101, Public Records of Collier County, Florida.
Whereas the Plat of City Gate Commerce Center, Phase Two reserved to Grantor, its successors
and assigns, Tract "R" "as a private road right -of -way, but open to travel by the public, subject to easements
depicted hereon with responsibility for maintenance."
Whereas General Note 20 of the Plat of City Gate Commerce Center, Phase Two provides: All or
any portion of tract "R" reserved on this plat as a private road Right -of -Way may, by subsequent instrument,
be dedicated as Public Road Right -of -Way to Collier County, the City Gate Community Development
District, or the City Gate Master Property Owners Association, Inc. pursuant to, and with maintenance
responsibility as provided in, that certain Developer Agreement dated December 1, 2009 and recorded in
O.R. Book 4517, Page 640 -704 et seq. of the Public Records of Collier County, Florida.
NOW THEREFORE Grantor, does hereby grant and dedicate to the Grantee, and its successors and
assigns forever,
Tract "R" of the Plat of City Gate Commerce Center, Phase Two, recorded in Plat Book
49, Pages 97 -101, of the Public Records of Collier County, Florida, as public road right -
of -way, with maintenance responsibility, including all sidewalks and paths, roadway and
drainage improvements, and all landscape materials (collectively "Improvements")
located thereon or in, together with appurtenant easement rights for the operation,
installation and maintenance of said Improvements, subject to the easements (C.U.E.,
P.U.E., I.E., 'D.E.) dedicated and depicted on the Plat of City Gate Commerce Center,
Phase One Plat, recorded in Plat Book 49, Pages 97 -101, of the Public Records of Collier
County, Florida.
Property Appraiser's Parcel Identification Number: 26095000484
This conveyance is subject to easements, restrictions, limitations and conditions of record.
AND the said Grantor .does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
Page 1 of 3
Packet Page -1040-
Signed, sealed and delivered in CG II, LLC
the presence of 12/13/2011 Item 16.A.3.
;`J,eisepb R. Weber, Vice President
(Signature of first Witness
(Printed, typed or stamped name of
first Witness.)
t
(Sitnditure of second Witness)
RS Ri —
(Printed,t'_vped or stamped name of
second witness)
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this I day of November, 2011, by Joseph R.
Weber, as Vice President of CG 1I, LLC. Such person(s) (Notary Public must check applicable box):
t ljz SC M. Mow t
y C ' Sqh of ANd
M Comm. Expm Na 8,1
C"Oft8l" I EE H3478 krM Tkoo A Mond a.,— a.
Page 3 of 3
--j' is personally known to me.
[ ] produced a current driver license.
[ ] produced as identification,
or
'Smmission No.:
My Commission Expires:
Packet Page -1041-
Public
W WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the dal 12/13/2011 Item 16.A.3.
first above written.
Signed, sealed and delivered in 850 NWN, LLC
the presence of
a��Rw,d
J eph R. Weber, Vice President
(Signature of first Witness)
(Printed, typed or stamped name of
first Witness.)
(Signature of second Witness)
_Qtc<= ,
(Printed, t ed or stamped name of
second witness)
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this �� day of November, 2011, by Joseph R.
Weber, as Vice President of 850 NWN, LLC. Such person(s) (Notary Public must check applicable box):
_... ELENA M. LINDNER )
;`� Notary Public - Sloe of Flmida
r' 71OWtO M &RW�s Nov 3, 2015
pP' Commission # EE 1 43478
%•°,`„`.:••�' Bonded Through N&ionel Notary Asrt. N o
Page 2 of 3
is personally known to me.
produced a current driver license.
produced as identiifiicattiign -_
1
(Printed, Typed or Stam
Commission No.:
My Commission Expires:
Packet Page -1042-
12/13/2011 Item 16.A.3.
This Instrament Prepared By and Please Return To:
Roger B. nice, P.A.
9010 Strada Stell Court, Suite 207
Naples, Florida 34109
(239)593 -1002
WARRANTY DEED
CITY GATE COMMERCE CENTER, PHASE ONE
TRACT "A"
TIIIS DEDICATION, made this _L1- day of November, A.D. 2011, between CITYGATE DEVELOPMENT,
LLC a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308, and the
CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC., whose mailing address is c/o
Roger B. Rice, Esquire, 9010 Strada Stell Court, Suite 207, Naples, Florida 341.09 (collectively "Grantor "), and the CITY GATE
COMMINITY DEVELOPMENT DISTRICT, a Florida community development district, its successors and assigns
( "Grantee'], whose address is: c/o Roger B. Rice, Esquire, 9010 Strada Stell Court, Suite 207, Naples, Florida 34109.
Whereas Grantor caused the Plat entitled City Gate Commerce Center, Phase One to be recorded in Plat Book 41, Pages
6 -7, of the Public Records of Collier County, Florida.
Ve%- ereas the Plat entitled City Gate Commerce Center, Phase Two has been recorded in Plat Book 49, Pages 97 -101, of
the Public Pecords of Collier County, Florida.
Whereas the Plat of City Gate Commerce Center, Phase One dedicated Tract "A" to the CITY GATE COMMERCE
PARK MASTER PROPERTY OWNERS ASSOCIATION, INC. "as an open space for access purposes, subject to the
easements dedicated and depicted hereon [Phase One Plat, Plat Book 41, Pages 6 -7) (C.U.E., P.U.E., T.E., D.E.), which easements
are subordinate to, and may not be used inconsistent with, the use of the right -of -way by Collier County for roadway purposes
including but not limited to, pavement, roadway drainage, bike lanes, sidewalks and pathways, with responsibility for
maintenance."
Miereas Grantor now wishes to dedicate Tract "A" to the City Gate Community Development District as public road
right -of -way, open to travel by the public, subject to the easements dedicated and depicted (C.U.E., P.U.E., I.E., D.E.) on the Plat
of City Gate Commerce Center. Phase One, [Phase One Plat, Plat Book 41, Pages 6 -7] and with the responsibility for maintenance.
Whereas General Note 20 of the Plat of City Gate Commerce Center, Phase Two provides: All or any portion of tract
"R" reserved on this plat as a private road Right -of-Way may, by subsequent instrument, be dedicated as Public Road Right -of-
Way to CAllier County, the City Gate Community Development District, or the City Gate Master Property Owners Association,
Inc. pursmt to, and with maintenance responsibility as provided in, that certain Developer Agreement dated December L. 2009
and recorrkd in O.R. Book 4517, Page 640 -704 et seq. of the Public Records of Collier County, Florida.
NOW THEREFORE Grantor, does hereby grant and dedicate to the Grantee, and its successors and assigns forever,
Tract "A' of the Plat of City Gate Commerce Center, Phase One, recorded in Plat Book 41, Pages 6 -7, of the Public Records of
Collier C%nty, Florida, as public road right -of -way, with maintenance responsibility, including all sidewalks, roadway and
drainage improvements, street lighting poles and fixtures, and all landscape materials (collectively "Improvements ") located
thereon or in, together with appurtenant easement rights for the operation, installation and maintenance of said Improvements,
subject to the easements (C.U.E., P.U.E., I.E., D.E.) dedicated and depicted on the Plat of City Gate Commerce Center, Phase One
Plat, recorded in Plat Book 41, Pages 6 -7, of the Public Records of Collier County, Florida.
Property Appraiser's Parcel Identification Number: 26095000028
This conveyance is subject to easements, restrictions, limitations and conditions of record, but any such interests that may have
been ternizated are not hereby re- imposed. The easements (C.U.E., P.I3..E., I.E., D.E.) dedicated and depicted on the Plat of City
Gate Commerce Center, Phase One Plat are subordinate to, and may not be used inconsistent with; the use of Tract "A ", or a
portion thereof, as Right -of -Way by Collier County, for roadway purposes including but not limited to, pavement, roadway
drainage, bike lanes, sidewalks and pathways.
AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims
of all persms whomsoever.
Page I of 1
Packet Page -1043-
12/13/2011 Item 16.A.3.
IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written.
Signed, sealed and delivered in
the presence of
(Signature of first Witness)
or stamped name
first Witness.)
(Signature of second Witness)
�PrY` (mil L1.rC3��PG•
(Printed, typed or stamped name of
second witness)
CITYGATE DEVELOPMENT, LLC
�W
eph Weber, Vice President
STATE OF FLORIDA)
COUNTY OF COLLIER)
NA I
The foregoing instrument was acknowledged before me this ILA day of November, 2011, by Joseph R. Weber; as Vice
President of CITYGATE DEVELOPMENT, LLC. Such person(s) (Notary Public must check applicable box):
is personally known to me.
produced a current driver license.
ELENA M. LIER [ produced as identification.
A,'N vNeby7:
i NOW PUW!c - Stdo of Hwida
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Cammiation 0 EE 143!78
«pot** ` eco"Tft* kww Nobly Aar. No Public
i5�C M. U<-0<71ED(
(Printed, Typed or Stamped Name of Not@U Public
Commission No.: tjc-- ly
My Commission Expires:
Page 2 of 3
Packet Page -1044-
Signed, sealed and delivered in
^� the presence of
(SilKature of first Witness)
(Print8, typed or , mped name of
itnes
(Signature of second Witness)
(Printed, typed or stamped name of
second witness)
12/13/2011 Item 16.A.3.
CITY GATE COMMERCE PARK MASTER PROPERTY
OWNERS ASSOCIATION, INC.
i
Ronald G ice, President
STATE OF FLORIDA)
COUNTY OF COLLIER) }
The foregoing instrument was acknowledged before me this t day of November, 2011. by Ronald G. Rice, as President of
CITY GATE COMMERCE PARK }MASTER PROPERTY OWNERS ASSOCIATION, INC. Such person(s) (Notary Public
must check applicable box):
is personally known to me.
J produced a current drive icense.
_ [ ] produced as identification
j� • M. tfAlppEp
- Stsls sf 1�ry
MY a mn. 6Pkas cyst, 3.20
for • EE 4847E
Page 3 of 3
�ted, Typed or
mmission No.:
My Commission E
Packet Page -1045-
Public