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Agenda 03/09/2010 Item #16B10 Agenda Item No. 16B10 March 9, 2010 Page 1 of 18 ,-" EXECUTIVE SUMMARY Recommendation that the Board approve, and authorize the Chairman to sign a Compliance Agreement with MDG Capital Corporation, the developer of Arrowhead Planned Unit Development. OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize the Chairman to sign a Compliance Agreement with MDG Capital Corporation, the developer of Arrowhead Planned Unit Development, in order to extend the deadlines set forth in Planned Unit Development Ordinance No. 02,40, as amended, Paragraph L, Sub-Paragraph 2 and 3 and Paragraph M for three years. CONSIDERATIONS: Ordinance No. 02-40, as amended, required that certain Transportation Commitments be completed no later than July 22, 2009. Citing a housing recession, Developer has requested a thrcc-year extension of the deadline to comply with Ordinance No. 02-40, as amended, Paragraph L, Sub-paragraphs 2 and 3 and Paragraph M. Thc County believes that a three year extension of the deadline will not negatively affect the health, safety and welfare of the residents of Collier County. The Transportation Planning Department is willing to enter into a Compliance Agreement with MDG Capital Corporation, the developer of Arrowhead, according to the terms and conditions stipulated in Exhibit "A" Tenns and Conditions. ~. At the time any of the following three (3) conditions are triggered: . Application for a Development Order (plat, Site Development Plan, etc.) for the commercial tract. . Application for a Development Order (plat, Site Development Plan, etc.) for Tract 3. . Upon the 300th building permit application. The developer shall apply for a right-of-way pennit concurrently with any of the above triggers. SDP's, plats and building permits shall be released concurrently with the ROW permit. For the residential trigger, the developer shall have one year to complete the improvements. For the plat or SDP trigger, the developer shall complete the improvements cO!lcurrently with the site work and no CO's shall be issued prior to completion of the improvements. The developer, his successors or assigns, will be required to obtain.a right-of-way permit for the completion of the outstanding transportation commitments which are: . The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: 1. Dedicated lcft and right turn for eastbound and westbound traffic on Lake Trafford Road. 2. Dedicated left turn lane for southbound Carson Road. 3. ModifY signalization for left turn movements only. - These intersection improvements will have to bc completed within one year of the developer receiving a right-of-way pennit for the construction of these improvements. '-'..--"---';.-"' , "..~.-~, ."." ...,.-. ,.,' Agenda Item No. 16B10 March 9, 2010 Page 2 of 18 . The developer will also be required to provide a $30,000.00 contribution to Collier Area Transit (CAT) ninety (90) days following the trigger of one of the three conditions listed above. . No Final Approval of any Development Order (plat, Site Development Plan, etc.) will be granted until the Right-of-Way permit is issued. . No Certificate of Occupancy will be granted on any building pennits (commercial or residential) until the outstanding transportation commitments have been completed. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action--JBW GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman of the Board of County Commissioners to sign the attached Compliance Agreement according to the Terms and Conditions stipulated in Exhibit "A" - Tenns and Conditions. Prepared By: Claudine Auclair, Principal Planner, Transportation Planning Department Attachments: 1) Compliance Agreement; 2) Exhibit "A" - Terms and Conditions; 3) Minutes of the BCC meeting held June 23, 2009, ltem #6A Public Petition Request; 4) Minutes of July 28, 2009 BCC meeting held July 28, 2009, [tern #108 Consider Options for Responding to Public Petition <,"-- ~ -0- ~ -~ ~ Agenda Item No. 16B10 March 9, 2010 Page 3 of 18 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16810 Recommendation to approve and authorize the Chairman to sign a Compliance Agreement with MDG Capital Corporation, the developer of Arrowhead Planned Unit Development, in order to extend the deadlines set forth in Planned Unit Development Ordinance No. 02-40, as amended, Paragraph L, Sub-Paragraph 2 and 3 and Paragraph M for three years. 3/9/2010 9:00:00 AM Meeting Date: Prepared By Claudine Auclair Planner, Principal Date Transportation Division Transportation Planning 2122120103:22:03 PM Approved By Norm E. Feder, AICP Administrator ~ Transportation Date Transportation Division Transportation Administration 2/23/201011:47 AM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Division Transportation Administration 2/24120107:36 AM ,,>-- Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 2/24120108:07 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 2/24120104:37 PM Approved By Nick Casalangulda Director. Transportation Planning Date Transportation Division Transportation Planning 2/25/20108:16 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 21251201011:11 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 2125120102:39 PM Approved By - Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2/27/20102:07 PM r.l_./lr<.\" __...J_'T'__.o-\r___~_.....\1CA ll.A_.._l_..... ....1\11\\11:" I"rY1\,TC'r..".T'T' ,\f"'\r..".TT""I.,\\lCn 'T'Tl "..".TC"'TlA ", ,,,, ''''1\1 A '.---..-- . - --...'",...---...,--,",. "' ----..- Agenda Item No. 16B10 March 9, 2010 Page 4 of 18 Exhibit "A" Arrowhead PUD Compliance Agreement Terms and Conditions Recap: At the Board of County Commissioners meeting held on June 23, 2009, a public petition (Item 6A) was heard to discuss the Arrowhead PUD requirements. The developer of Arrowhead asked the Commissioners to extend the transportation commitments for a period of three years. Considering the current economy, the developer advised that he could not fuifill his commitments prior to the date agreed upon in the PUD Amendment approved by Ordinance No. 08- 36 on July 22, 2008. The Board asked that this item be brought back to the Board with a staff recommendation. At the July 28, 2009 Board of County Commissioners meeting, the Board approved staff recommendation to move forward and prepare a Compliance Agreement. On November 5th, 2009 Transportation Staff met with Mr. Bill Klohn, representative of MDG Capital, owners of Arrowhead to discuss the proposed conditions of the Compliance Agreement. The following summarizes the conditions agreed upon during the meeting: At the time any of the following three (3) conditions are triggered: o Application for a Development Order (plat, Site Development Plan, etc.) for the commercial tract o Application for a Development Order (plat, Site Development Plan, etc.) for Tract 3 o Upon the 300th building permit application The developer shall apply for a right-of-way permit concurrently with any of the above triggers. SDP's, plats and building permits shall be released concurrently with the ROW permit. For the residential trigger, the developer shall have one year to complete the improvements. For the plat or SDP trigger, the developer shall complete the improvements concurrently with the site w.ork and no CO's shall be issued prior to completion of the improvements. The developer, his successors or assigns, will be required to obtain a right-of-way permit for the completion of the outstanding transportation commitments which are: . The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist ofthe following: 1. Dedicated left and right turn for eastbound and westbound traffic on Lake Trafford Road. 2. Dedicated left turn lane for southbound Carson Road. 3. Modify signalization for left turn movements only. Agenda Item No. 16B10 March 9, 2010 Page 5 of 18 - These intersection improvements will have to be completed within one year of the developer receiving a right-of-way permit for the construction of these improvements. . The developer shall remove and replace the existing asphalt sidewalk along the north side of Lake Trafford Road from Carson Road to SR 29 with a new asphalt pathway (approximately 5,000 feet). The pathway shall be six (6) feet wide consisting of 6 inches of lime rock and 1.5 inches of asphalt meandering as needed to avoid existing lift station pole guy wirings and other items. This pathway shall be completed within one year of the developer receiving a right-of- way permit for the construction of this project. The pathway construction will be permitted as a replacement project via a County right-of-way permit through the County Transportation Division. The pathway will be constructed by the developer at its own expense. . The developer will also be required to provide a $30,000.00 contribution to Collier Area Transit (CAT) ninety (90) days following the trigger of one of the three conditions listed above. . No Final Approval of any Development Order (plat, Site Development Plan, etc.) will be granted until the Right-of-Way permit is issued. . No Certificate of Occupancy will be granted on any building permits (commercial or residential) until the outstanding transportation commitments have been completed. A Compliance Agreement will be taken to the Board of County Commissioners for final approval. - ,.-- - -...-.-- . -.-....-,. __._~__...~. _ ~ '___.._w,._,.~._._.~,..__., ----- .-...-----.'.' Agenda Item No. 16B10 March 9, 2010 Page 6 of 18 June 23,2009 and some at grade. And, in fact, that has happened. Again, on your northbound getting in the right turn lane, dressing the area, and it's been done very nicely. Again, on the top, the feeling that you'd be able to see everything and yet all you see is the treetops. And then, of course, extensive, very extensive landscaping and the commitment that was made throughout on this project, and I appreciate all your support. Thank you. CHAIRMAN FIALA: Norm, I'd just like to say, I think we've-- over the years, we've become known throughout not only the State of Florida but through the United States of America for the beauty and ambiance of our -- of our county, and this is just in keeping that beauty. Yes, it takes a little bit more money. Sometimes we can't build things right away because we want to do it right. But in the end, it draws people to live here, and the people who do live here are proud to live here. And thanks to you guys for making -- making this overpass what we had all hoped and expected it to be. Thank you. MR. FEDER: Commissioner, appreciate that. (Applause.) Item #6A PUBLIC PETITION REQUEST BY BILL KLOHN TO DISCUSS THE ARROWHEAD PROJECT PUD REQUIREMENTS - TO BE BROUGHT BACK AS A REGULAR AGENDA ITEM AT A FUTURE BCC MEETING - CONSENSUS MR. MUDD: Commissioner, that brings us now to the public petition section of your agenda. First public petition is a request by Bill Klohn to discuss the Arrowhead Project PUD requirements. Page 29 - - ,,-.- Agenda Item No. 16B10 March 9, 2010 Page 7 of 18 June 23, 2009 MR. KLOHN: Good morning, Madam Chair and Commissioners. Thank you for this opportunity. The Arrowhead Project is a -- about an eight-year-old, six-year, seven-year-old PUD. Some brief history on this affordable housing community is that transportation commitments in our very first PUD were tied to a certain percentage of completion of rooftops or dwelling units. That particular percentage was 50 percent. When times were robust in the affordable housing business, we renegotiated our transportation commitments with staff, and it then became unwound whereby the tied-to-off-site-transportation commitments were not tied to a percentage but rather a date certain. So during those renegotiations times were robust, and now they're, for the most part, dead, or the project is stalled. So my request before you today is to extend those transportation commitments for a period of three years. As part of my discussions with staff, it was recommended that I meet with the CRA in Immokalee and gain their support. In your packet, there's a letter from the CRA addressed to Mr. Schmitt that gives their blessing, if you will, on the extension. That's the -- that's the request. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I was wondering if we could haveJoe Schmitt come up. And this is -- this isn't an unusual request in this day and age, and we've honored several requests like this in the past, and I'd like to see this commission direct staffto go forward and bring it back for our approval to be able to put off until a three-year period to allow them to be able to -- we've got nothing to gain by forcing this issue. Code Enforcement will have to come in, try to get money from an organization that's right down on their luck now, and they're not going to be able to corne up with it. It's going to force the community into a more desperate situation than exists now. And I'm sure Joe could give us a better picture of what we're up against. Page 30 ---- --'-'."- --..,--,---_.._--~.".._^'.__.,,,. ,.--.. .~.._,.,- ,..,,_.., ""_ ~."M___ Agenda Item No. 16B10 March 9, 2010 Page 8 of 18 June 23, 2009 CHAIRMAN FIALA: Before we hear from Joe, did you -- what you were suggesting was to bring it back as a regular agenda item? COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Okay, thank you. MR. SCHMITT: For the record, Joe Schmitt, your community development administrator. Any questions in regards -- you called me up, but I'm not sure what you were asking. COMMISSIONER COLETTA: The alternatives to what -- MR. SCHMITT: Oh, the alternative is -- there was an amendment to the PUO which required that the work be done by July, 2009. And that, in fact, is not going to happen. My only alternative would be to proceed through code enforcement action to enforce the provisions of the PliO. Legally the PUO should be amended to change the commitments in the PUO, but it's -- I would turn to the Board and to the County Attorney to determine whether you can summarily just extend this. But we'll bring it back on a regular scheduled item and address the issues so you have a full understanding of what took place and what your legal parameters are in regards to dealing with this. COMMISSIONER COLETTA: Mr. Klatzkow, anything you need to add? MR. KLATZKOW: No. We'll come back with you on the executive summary, and we'll give the board the options, and the board can at that point make its decision. We'll have a staff recommendation as well. MR. MUDD: Do I have three nods to have this item come back? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Thank you. MR. SCHMITT: Thank you. Item #6B Page 31 -- " - .-.. .,~, Agenda Item No. 16B10 March 9, 2010 Page 9 of 18 July 28, 2009 gasoline and for fuel, but also as we're planning for the future with all ofthe new development still about to be approved or has been approved that hasn't been built. If you can work this into the plan, it's going -- it's going to save us all money, so I'm just thrilled with that, so -- COMMISSIONER COYLE: Actually, there's not going to be any need for roads out in the long-term. We're going to have four feet of water over this entire area once global warming finishes with us. COMMISSIONER HENNING: It's climate change. COMMISSIONER COYLE: Oh, yeah, okay. COMMISSIONER HENNING: Climate change. CHAIRMAN FIALA: I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? (No response.) COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That's a 3-2 vote again. Thank you. Okay. Item #IOB TO CONSIDER THE OPTIONS FOR RESPONDING TO A PUBLIC PETITION REQUEST BY MR. BILL KLOHN, MGD CAPITAL, WHERE HE REQUESTS A THREE YEAR EXTENSION TO THE DEVELOPER COMMITMENTS AS CODIFIED IN ARROWHEAD PUD, ORDINANCE NO. 05-13, FURTHER AMENDED BY ORDINANCE NO. 08-36 - PETITIONER TO WORK WITH STAFF IN CONSIDERlNG Page 188 --.-.., ,-.._.,.,~__.~...,...." . 'H._.___ -..-,.---.- -- -....~ -".-.-- Agenda Item No. 16B10 March 9. 2010 Page 10 of 18 July 28, 2009 OPTION #3 WITH A TWO YEAR EXTENSION TO COMPLY WITH SB360 - APPROVED MR. OCHS: Commissioner, that takes us to lOB. It's a recommendation that the Board of County Commissioners consider the options to respond to a public petition request by Mr. Bill Klohn, MGD Capital, where he requests a three-year extension to the developer commitments codified in Arrowhead PUD ordinance number 05-13, further amended by ordinance number 08-36. Mr. Joe Schmitt will present. COMMISSIONER COLETTA: Motion to approve option three. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. 1 have a motion to approve option three and a second -- two seconds, actually. First second was from Commissioner Halas, the second was from Commissioner Henning. COMMISSIONER COLETTA: Forgive me. It's option three is the one that Bill has agreed to? MR. SCHMITT: That's correct. Bill has agreed to option three, and that was the staffs -- for the record, Joe Schmitt u and that was the staffs recommendation as well. It's a compliance agreement. Had we gone to code enforcement or anything else, we'd be at the same place, so this is -- this is the best way we could go. COMMISSIONER COLETTA: And what am I missing here? MR. KLATZKOW: Your Senate Bill 360 arguably would tie into this. It would require a two-year extension. So my recommendation would be that the compliance agreement do a two-year extension of the commitments. COMMISSIONER COLETTA: Okay. I include that in the motion. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. Page 189 -"- - - . Agenda Item No. 16B10 March 9, 2010 Page 11 of 18 July 28, 2009 MR. SCHMITT: Yeah, It's not a DRJ though, Jeff. This is not a DRI. MR. KLA TZKOW: That's fine. Senate Bill 360 arguably, okay, controls. MR. SCHMITT: Well, yeah. CHAIRMAN FIALA: Okay. So that's a two-year extension, okay, to satisfy SB360. MR. SCHMITT: Yeah. And we'll work -- negotiate with Norman's staff, my staff will negotiate and bring that compliance agreement back to you for approval. CHAIRMAN FIALA: Very good. COMMISSIONER COLETTA: Is two years going to be enough? I mean, they were looking for three years to begin with, even though the Senate Bill there says two years. MR. KLA TZKOW: It's a minimum of two. If you want to do more than that, that's fine. COMMISSIONER COLETTA: I'd like to stay right with the three years. We're in very tough economic times. MR.OCHS: Why don't you let us bring the agreement back and we can see what all the terms are. MR. SCHMITT: Yeah. We're fine with three years. I mean, three. It's minimum two, but three years. We know there's not much work being done out there and hopefully this development will get back on track, and this is a way of, again, with us -- COMMISSIONER COLETTA: That's fine. I'll leave it right at two. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Nope. I'm all set. Thank you very much. CHAIRMAN FIALA: Okay. All those in favor, signify by . saymg aye. COMMISSIONER COYLE: Aye. Page 190 --- . "--' ;.,.., _..,,- - _.._,,- , --~....--"-....".~.... ---.. -. Agenda Item No 16810 March 9, 2010 Page 12 of 18 July 28, 2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: 5-0, thank you. Item #1 OC A PROPOSED SETTLEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIENS IN THE CODE ENFORCEMENT ACTION ENTITLED DEUTSCHE BANK TRUST CO., CEB NO. 2007080008 RELATING TO PROPERTY LOCATED AT 2414 58TH AVENUE NE, NAPLES, FLORIDA - MOTION TO DISAPPROVE THE PROPOSED SETTLEMENT - APPROVED MR. OCHS: Commissioners, 10C is a recommendation to consider a proposed settlement providing for compromise and release of liens in the code enforcement action entitled Deutsche Bank Trust Company, CEB number 2007080008, relating to property located at 2414 58th Avenue Northeast, Naples, Florida. Diane Flagg, Director of Code Enforcement, will present. COMMISSIONER HENNING: Madam Chair? CHAIRMAN FIALA: Yes, sir. COMMISSIONER HENNING: You know, I'd like to make recommendations that we take -- ask our staff to take this item to our Code Enforcement Board. We had not only this item but also an item on the public petition, and we appoint the Code Enforcement Board to either reduce those fmes or make them stay. I mean, they heard all the history of this one and the previous one that was on the petition. We don't have that ability to have all that Page 191 ~. . Agenda Item No. 16810 March 9, 2010 Page 13 of 18 - --- - -- co This Compliance Agreement ("Agreement") is entered into and made on this day of ,2010, by and between Collier County (the "County'') and MOO Capital Corporation, ("Developer") (hereinafter referred to collectively as "thc Parties"), with respect to Transportion Commitments set forth in the Arrowhead Planned Unit Development, Ordinance No. 02-40, as amended, Paragraph L, Sub-paragraphs 2 and 3 and Parag18ph M. RECIr~ - WHEREAS, Ordinance No. 02-40, as wnended, requires that certain Transportation Conunitments be completed 110 later than July 22, 2009; WHEREAS, Citing to a housing recession DeveloPer has requested a three-year extension of the: deadline: to comply with Ordinance No. 02-40, as amended, Paragraph L, Sub- paragraphs 2 and 3 and Paragraph M; WHEREAS, the County believes that . tIIrct year extension of the deadline will not nealllively affect the health, safety and welfare oftbe residents of Collier County. WHEREAS, the: Partiesdcsire to redute their agreement to this writing so that it will be binding upon the MD6 and the County and their respective predecessors, succeSSOIS, heirs, , assigns. spouses, employees, former employecs, elected officials, former elected officials, officers, agents, repI1lII8IItatives, attorneys, insurers. sureties, and affiliates. NOW THEREFORE, in coosideratiOll of the mutual covenants and promises and consiclc:r8dons set forth in this A19c~llIent, the sufficiency of which is hereby acknowledged by the MOO and the County, the MDG and the County hcreby agree to the following: I. The Parti~ agree to adopt and incorporate the foregoing Rccilllls, sometimes referred to as "Whereas c1auscs, ..,tIy referencc into the terms ofthis Agreement. 2. '!be County agrees to stay enforcement of Ordinance No. 02-40, as amended, Paragraph L, Sub-paragraphs 2 and 3 and Paragraph M to and including July 22, 2012. OIAinance provisions are attached as Exhibit A, hereto. . 3. In exchange, Developer a81ees that it will c:oncurtenlly apply for a Right-of-Way Ihamit (need more detail) from the County when an application is made for a Development Order as de:fined by the Land Devclopment Code in the exislance at the time of application for real .,- .. -- - ------ 1 , . .., . , .j "I , . , , . " . . , .. " . .. . .. .- -. Agenda Item No. 16810 March 9, 2010 Page 14 of 18 __;1 , , " property described in Ordinllllce No. 02-40, as IIII1cnded, Paragraph L. Property Description is attached as Exhibit B, hereto. 4. Developer also agrees that it will contribute $30,000 to Collier Area Tr811Sit no later than (90) days from the date it applies for a Right-<lf-Way as more fully described in Paragraph 3 of this Agreement. S. Developer 881"3 that the County will not issue any Development Order until the Right- of.Way permit i~ issued and that no certificate of occupancyand/or completion will be granted on any Development Order until the outstanding transponation commitments have been completed. 6. This Agreement is freely and voluntarily executed by County and MOO subsequent to their being apprised of all relevant information concerning this Agt...<;mcnt and upon advice of their respective counsels. 7. If any court finds any plII'l of this Agreement invalid or unenforceable, such invalidity Of unenforceability shall not affect the other part~ of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can llOIltinue to be affected. To that end, this Agreement is decl8red severable. 8. This Agreement shalI not be C011litrued as a basis for either granting or assuring or indicating, or denying. rel'wiing to grant or preventing any future llJ1lIIt of land use zoning approvals, permissions, vciances, special exceptions or any other rights with respect to the real property in tht,.approvcd ,,- area. 9. This Agreement and the provisions contained herein shall be construed, controlled and interpreled according to the Jaws of the State of Florida, all then applicable provisions of the Florida Adminislllltive Code, and the then current Collier County Reclaimed Water Ordinance, Collier County Water-Seww District !rription Quality Water Policy and such other governmental regulations as from time to time become effective, or their successors in function. 10. This Agreement shall be recorded in the Public Records of Collier County, Florida at the expense ofMDG. II. The Parties hmeto all'a that this ~c..':tnent supersedes and replaces all prior al;>~,"ents and understandings and that it constitutes the entire agreement between Respondent MOO and the County and that no other agreements exist, oral or written, between the Parties relating to any matters covered by this Agreement or any other matter whatsoever. :j "; 1 . 1-: I -'! . Agenda Item No. 16810 March 9. 2010 PagePl'5!Of 18 .-- 238 596'1399 ~eb Z3 10 03:27p linG CRPITAL --., 12. 'The Parties lICk;powledge lIIId assume the risk tbal raeu. addiUonal and d.iffCl'i\\ or con\!lllY 10 the f8Ct.~ wbieb they believe 10 exist, m;ay now e1<ist or may be disoovered after this Al9,,^"",eDt has becn altered. and me PuUClI agroo> thal any sueh addiliooal, different or cODtrary faclS shall in lID way limit, .....aive:. affC(;t or altc:l' thi!; Agreement. 13. Except as ex.pTCssly pravidcd for herein. the Parties J:ellI....,Ql\l and wan-ant that in executing this A~cnl. !bey do not rely upon, not have Dol relied upon. any oral or writlcn represcnlalion. pronUsc. .....-ty or un4cnUlndi..g made by any of lhc panics or their rqncscmlat\vCS with regard to !be subject malUS. basis. or .,ffecl of this Agro IIW1:Dl. IN wrI1'ffiSS WHERSOF. !he MOO aDd the CoUJrt)' have executed this Agre""'CIIl. which consists of. __ page::<, 00 the dates :;cl forlh below next to their respective signamrc:s and as sworn 10 and acknowledged by and 1hrougb its duly authorized rcpresc:mative. - sipcd. scaled mil dcJivcrcd in the presence of: . .- - I")J(..'1.1~1 --t:..d-.",,> ~-'/~~ / Name of Wi1nesS ...- .ORpORATION <<- 1.. KIobn, P.~lIidcnl By: . . . ~ -".-. ""IJ:~)<;J ...:. Printod Name ofWito~~ STA"rEOF I:'LORIOA COUNTY OF COLLIER . BEFORE ME. the ~ no1arY publlc. personaUy app<ft.ed wmillm 1.. Klobn lIS President of MDG CAPITAL CORPORATION who is pen;ooolJy ~ 10 me or who produced as identifi""tion. aDd acknowledged thal (s)he C1tccuu:d the :slime on bebalf of MDG Capital CORPORATION and that hc waS duly anthori"cd to do $0. -'. ... '_.._~.~ - _.'-,- -. - ~-_._...,_... , ..~~._- .,,-~._----- ,..... ",i , ~ j . ." ,.:. r,.:. 'J -f , , , , , , '~-' , _,'^"____'_...T_."" (SEAL) A1TEST: DWIGHT E. BROCK, CLERK . DEP1JfY CLERK. Approval for fonn and legal Sufficiency: \:. T. Jennif< . While Assistant County Attorney I/). TRP.oo<lIW2 Agenda Item No. 16810 March 9. 2010 Page 16 of 18 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. FRED W. COYLE, CHAIRMAN , . ".,."" '. I . , , , , , A enda Item No. 16810. 9,2010 17 of 18 ,J 'I I - K. L. . . , , , detennined by the Collier County Tr8II4ponation Servic:c:s Division for infrastructure improvemonb. , 1 The dC'Veloper shall COI\SIrUct the Canon Road extension south of Lake Trafford Road to Immokalec Drive and shall also construct Immokalce Drive within the westerly 4So.fec:t which is cunently unpaved. The roadways will be two.laned, rural design, asphalt, paved and 24-fec:t wide for Carson Road and 20 feet wide for Immokalee Drive. The developer shall construct improvements to !he intersection of Lake Trafford Road Bnd Carson Road to consist of the following: i i . ., j .I . . , I'. Dedicated left turn lanes for eutbouncI and westbound Lake Trafford Road. 2. Dedicated left turn lanes for southbound Carson Road. 3. Modify sipaJizatloD for left turn movements only if and al such time wamll\!ed by future traffic conditions, M. The developer shall COI1S\nlct improvements to Lake Trafford Road from ClIl'IDIl RoIId to S.R. 29 to improve safety conditiOllS. Such improvemcn15 will consist of repailS to pavement edges and col1Struction of newly stabilized and pavc:d shoulders up to five feet wide or as conditions allow. N. . the developer shall pay for modlfiCaliOllll to sigaalizldon to optimize Cllp&City at the Inlcrsection of S.R, 29 and Lake Trafford Road. O. The developer shall eonttruct improvements to !he in~on of S.R. 29 and Immokalee Drive to consist of the following: . P. Q, I. Dedicated riibt turn lecs for castboUlld Immokalee Drive. 2, New sIgaa1ization to provide protctted left turn movements 011 S.R. 29. Vnle.u otbcrwiJe Italed, improvements described In Paragrapbs ..5 I< and ..5 L shall be constructed as part of the first phllle of development. Improvements described in Paragraphs 1l.S M. 8,S N, and 8.5 0 shall be constructed as part of wnichever pnaac: results il\ exceeding SO percent of project development based upon the number of residential dwelling unilll, , All conditions and improvements described in PlIIqI'lIph 5.S ] through I,S 0 inclusive may bc considered eligiblc for road impact fee crediu. Credits will be cOllSidered only if or when the Road Impact Fcc Ordinance 2000.13 is amended to allow for impact fee credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth MlUl8&ement Plan. Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by the Collier County Board of County Commissionen. . 1;. , 20 ~. F:\PUD Ooeumcnt.IARROWHEAD2PUD.doc 7/2912002 --~.~~---" ~,----~-,-----_.-. -." ~.. .~_.-, _ n_~~ . ,__.-.__,__._". -.,-,--"-;---,.._,~ - Agenda Item No. 16810 March 9, 2010 . Page 18 of 18 . " , . LECAL DESCRIPl10N A TR-'CT Of' LAND UlCATEO IN 2CTlON 31. TDIIINSIiM' 45 SOUlH, RANGE: 21 [,UT. AND stCllOol 5. TOWNSHll' 47 SOUllt. RANGE zt EAST, COWER COUNTY, I'LORID.... IIflNCl \lORE PAl!T1CUU111.v otSCRlIIm .AS flllLOWS: COlIAIEHCE AT 1ltE NORlHEllST CORNER Of' THE SClUTIl HAll' Of' SAID SECTION J'. IWlICED By AN IRON ROO 5.311 FrET SOUTH Of' THE: CEN1ERIJtlE Of LAlCE TRAFF'ORO ROAD: !liENCE 5.01'1'04'[', ALONe TIlE E.AST UNE OF SAID 5ECllON 31, A llISTANCE OF 34.12 FEET TO H A PI*T ON THE /IItC OF A CUR"" Of TIlE SOUlHERLV It1CIlT-Of'-WAY Of' lAIC( TRAfFORO ROAD fROM WHICH THE RAIlIUS PClNT UES N.00'35'J8'[.. A . DISTANCE Of "4".20 FUT; 1HDICE CONTINUE s.r)11I'Il4'E. ALONG SAJD EAST UH! or SEC'llON 31, A DISTANCE Of' 21..OS FIlT 10 1HE COIlHER COIl\ION 10 SECTIONS JI AND J2. lOWNSl1IP 4e SOUllt, RIoNOE 211 EAlT, AND SECnoNS 5 AND II, TOWNSHP 47 SClUlH, RANCE 211 EAST; llfENCr S.00"4-4'I4'E., ALONe 1liE EAST UNE Of' AfOREllEH1I0NEll 5[C1I0II 8, A DISTANCE OF 30.00 FUT: !liENCt S.llr.53'SI"W.. A DISTANCE or 100.00 FEET: TIlENCE 5.00....'..[,. ALOIIG A UHE 100 FUT WEST Of' AND PAltAU.El \MlH 1HI: tASlERLY UNE OF AFOIlElIENTIONI:O SECTlON'S. A llIS'TANa: OF 11I2.IB FUT: llfDICE S.III1'5'~'W.. A D1STAHC% OF 111110..14 FEE1': TIfDIC[ N.~'44'llJ'W.. A DISTANCE OF 1.28.D.3 FEET: llf[NCE 1It.4:t02'S1'W., A DISTANCE Of' 1245.2.'1 FEET: !liENCE N.01'3O'27"w.. A DISTANCE Of' 570.20 FEET: llt[NCE N.15"3J'21'W., A DISTANce: Of 581.54 taT; lltEHCE N.aa" 52'4O"W.. A tllSTAHCE OF 550,1.2 F'EE'T: THENCE N.18'llf1'28'E., A DISTANCE OF 557.00 FEET: THENCE N.~'oe'w.. A DISTANCE Of' 1427.65 FUT (14211.07 FEET CAl.ClJLA'lEll) TD !lIE SOUTllERl.Y RIGHT-OF-WAV liNt: Of" LAlCt TRAfFORD ROAD; THENCE 5.117"58'12"[.. ALONG SAID IlIGHT-OF-WAY. A DISTANCE Of" Jaal.88 FEET TO TIl[ P.c. OF A CUR\'[ 10 THE un HAiliNG A RADIUS OF 114i1l.20 FEET ANO A ClHTRAL ANGLE: OF' 01'25'10': THENCE EAS1ERl. Y, ALONCl THE; ARC Of' SAID CUR'oE. A DISTANCE OF 214.118 FEET TO THE . CONTAINING 307.3.13 ACRES, \lCIRE OR LESS. NOTl:S< MS PllOPtRTY IS SU8..ECT TO EA!EloIEN'IS, RESOlVATlONS OR RESTRICTIONS OF RECORD. BEIoRIHGS REFER TO 'JloIE EAST UHE OF 'JloIE SOUTHEAST QUARTER Of stCTION JI, TOWNSHIP 48 SOUTH, RANG[ 21 EAST, COUJER COUNTY, fLORIDA, AS KING S.0"1'04'E. AIJ5111ACT OF nn.t HAS NOT IlEEN RE\IEIW:l) BY SUR\'['I'D!l. PROPElITY DESCIlIPT\ON WAS PROl/lOm BY CUEliT. . . . . . ll1E PROPERTY DESCRIPTION, AS PROWlED. ODES NOT ClOSE IIAlliEllA.ncAU.v BY API'ROlClMAmv 0.4% raT NOR1Ii ANI) IllUlH. THE f'RllII'~TV llQUN()Al!V HAS BEEN AD.lJSTED ALONG I'IS lIOST HOII1Hv.ESTERl. Y COUIlSE. AS SH~ HEIlEllN. TO AI:HIE\'E Ill. 'lHDIA 1lCAL ClOSUM. PROf'ERTY A.Rf:A: J07.JJ.] ACRES, IIORE OR LEss. EN\1RON101ENT AI. CONCEIINS, AIIOiEa.llClICAl. sm:s. lIllDlft POPul.A'IIONS AND .AJRlSDICnONAL l'Cll.ANOS, IF ANY HA\IE NOT BEEN LOCATED OR NOTED ON THIS SUIl\ofY. , -CMJoAEN1S EXISTING 011 AND AD.lACENT m llil5 PRCPaiTY ItAIof' NOT IIttN LOCATED ON !HIS SUIlII!Y. TItIS _'lEy IS NOT VA.1JD \lITHOUT THE SIGNA T\JRE AND ORIGINAL RAISED SE.Il. OF A FlORlOA LJa:NSED SURvE't'QR AHa 1oI101'PrR. CERTll'JED TO: \lOG-CAPITAL PART\IERS, INC. t HER[BV CER'T1FY !liAr 1HIS SKETCH Of lIfE HERrON DESCltIIlEO PROPERTY WAS SURVEYED UNCUt IIY D\R[C'I1DN ON 1/22/02. I MTHER CERnFY THAT THIS SUR'/EY IlEE'IS THE loItNlIlU1I 1E01NICAl. STANDARDS I'DR LAND SURVE'rlNC IN THE STATE Of' FlORIDA PI.1RSUANT TO CNAPTER 81G17-II, I'.A.C. HOU: IIllNTES. lNC. CER1lF1CA liON or AVTHOIllZA liON LB "772 . . . Y '0, ' THOWAS J. CARRIS P.L.S. 13141 ST A 1E Of FlORIDA BOUNDARY SUR IIRAlIlC IIQ. A....;,f4 PRO.E:CT IfO.;. "