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Backup Documents 06/11/2013 Item #16F 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 F 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ::16� (p t >k• -** ��G �� J 4- Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. �T r" Pa (Initial) Applicable) 2. June 11, 2013 Agenda Item Number 161`2 3. County Attorney Office County Attorney Office Kby VIA 2, 4. BCC Office Board of County Commissioners �C VNSSIA 6 1 5. Minutes and Records Clerk of Court's Office —V(Y-\ b rtq h3 (2, qspm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Amy Patterson Phone Number 252 -5721 Contact / De artment �T r" Pa (Initial) Applicable) Agenda Date Item was June 11, 2013 Agenda Item Number 161`2 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, n 1 Type of Document Amendment to Agreement Number of Original 1 Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account �o-- -` _ \3 ;cV2_0 _ 6ARo_,�10 number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? P 2. Does the document need to be sent to another agency for additional signatures? If yes, n 1 provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. l�- 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forward' to Tallahassee within a certain�� time frame or the BCC's actions are nullified. Be a of your deadlines! 8. The document was approved by the BCC on 6/1 /13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t e k BCC, all changes directed by the BCC have been made, and the document is ready r the Chairman's signature. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 11/30/12 16F 2 " FIRST AMENDMENT TO DECEMBER 3, 2002 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS THIS FIRST AMENDMENT ( "First Amendment ") is made and entered into this day of U, V) P. , 2013, by and between SIERRA GRANDE HOLDINGS, LLC., a Delaware limited liability company, Sierra Meadows, LLC, a Florida limited liability company, Pelican Bay/Hammock Woods II, LLC, a Florida limited liability company, and Swan FM, LLC, a foreign limited liability company (hereinafter referred to as "Developers ") and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County "). RECITALS: WHEREAS, the Developers are successors in interest to Alanda Ltd. and Wallace R. Devlin, Sr. ( "Devlin "), who were parties to that certain Standard Form Collier County Contribution Agreement for Road Impact Fee - Credits dated December 3, 2002, and recorded in Official Records Book 3168, Page 1339, of the Public Records of Collier County, Florida (hereinafter the "Contribution Agreement "); and WHEREAS, Devlin owned the Residential Tract subject to the Contribution Agreement and, pursuant to Paragraph 2 thereof, was granted $60,841.58 in impact fees for the Residential Tract; and WHEREAS, Alanda Ltd. owned the Commercial Tracts subject to the Contribution Agreement and, pursuant to Paragraph 2 thereof, was granted $122,758.42 in impact fees for the Commercial Tracts; and WHEREAS, Paragraph 4 of the Contribution Agreement allows for the amendment or modification upon the mutual written consent of the parties or their successors in interest; and WHEREAS, Paragraph 10 of the Contribution Agreement requires that if one or more developer or parcel is to benefit from the impact fees credits, the amount of each credit available to each parcel will be described in Exhibit A, and WHEREAS, on May 25, 2010, the Board enacted Ordinance No. 2010 -22, which amended the Consolidated Impact Fee Ordinance by providing for, among other things, that impact fee credits shall run with the land in perpetuity, interest free, until used or assigned; and WHEREAS, the Developers and County have agreed to amend the Contribution Agreement as provided herein. INSTR 4854457 OR 4933 PG 3847 RECORDED 6/18/2013 8:43 AM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $69.50 INDX $6.00 16F 2'" WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between 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. Paragraph 13 of the Contribution Agreement is hereby amended as follows: The duration or availability of er-edits pursuant te this CeRtribution Agreement, shall not be f^« ., period of five (5) year-s f;..,m the .late e f the ,1„ «.,4io of land, , b t in no .mot sha l the a ailab;1;ty of er-e ;ts nder- this ('�e tr-ib do Agreement exeeed event seven years, o mer-a4er-ia, any Flee . For- the pufposes of this agreemei ,the date of evxmple ion shall I the doe of aeeeptanee by the C Impact fee credits or cash payment shall run with the land in pelpetuily, interest free, until used or assigned. 3. Exhibit "A" of the Contribution Agreement, attached hereto, is hereby amended by inclusion of the credit allocation. 4. Except as otherwise modified herein, the remaining provisions in the Contribution Agreement shall remain in full force and effect. 5. If there is any conflict between this First Amendment and the Contribution Agreement, the provisions of this First Amendment shall prevail. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW 2 16F 2'4 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. STATE OF FLO(JOA COUNTY OF N iAMj - O � SIERRA GRAXPE HOLDINGS, LLC, a Delaware limited li i ' 1cmpany b FLORIDA REAL ESTAffai A FUN P, a as M ber 1 IM Print Name: 1� U, -:k4 '1 Title: NP a A cl t t r. M %.TN1 p s-(L Date: �1 �'�- J J3 The foregoing instrument was acknowledged before me this I !� day of �Pl Pty , 2013, by Qt j,);Ayt) VLARSetSi ► , as M dace tAf.Mta M of FLORIDA REAL ESTATE VALUE FUND, LP, a , as Managing Member of SIERRA GRANDE HOLDINGS, LLC, a Delaware limited liability company. He /she is personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC SEAL fit `: P:'?cf, FIARASEREBREMIK * * MY COMMISSION t 2, 2017 printed Name: 11.-po -A cJrc2�b 6P.� -jX. EXPIRES: Apni 22, 2017 °'' .O BoWWTWeU*s0t8rys8nkes Commission Expires: (410'al rc� [Signatures continue on following page] Signed, sealed and delivered in the presence o£ Witness Pn* d Name: ,�+� t j R Witness Printed Name: STATE OF ~� COUNTY OF ca 111 a/r 16F 24 SIERRA MEADOWS, LLC, a Florida limited liability company By: Print Name:ry % /U Title: !� Date: f (,, —/ J Thq foregoing instrument w s acknowledged be re me this �� day of 2013, by K Q i'� � � . CAV►1/;'�s�' � �� � . of SIERRA WADOWS, LLC, a Florida limited liability company. He /she is personally known to me, or ( has produced driver's license no. T 10 as identification. € Mru Public NOTARY PUBLIC MW�ry Pudic • State of Florid SEA My Comm. Expires Aug 8, 2016 '•y{, tong .. ComrMseion ,r EE 229688 Printed Name: 114 R l I- SC P E9 Commission Expires: 4014 P 2-016) [Signatures continue on following page] Signed, sealed and delivered in the presence of: 31 Witness Printed Name: �n U Witness ll Printed Name: 16F 2" PELICAN BAY /HAMMOCK WOODS 11, LLC, a Florida limited liability company /U`�0"a ' k�') V1t'A Title: WWy�cNN�R� Date: S' %, )I STATE OF COUNTY OF ,,Z foregoing instru ent was acknowledgqd before me this o day of % 2013, by 0, rk C, u1�Q�c�,. as p of PELICAN BAY /HAMMOCK WOODS I LC, a Florida limited liability company. He fsbe is personally known to me, orrr- -f-tms produce tion. NOTARY PUBLIC Printed Name: Commission Expires: 7 [Signatures continue on following page] 16F 21 Signed, sealed and delivered in SWAN FM, LLC a Foreign limited liability the presence of. company Witness Printed Name: By: pl,-,-,.S,,-:�el��1-11�, Print Name: Witness _ Printed Name: ` . 44� Title: J Date: STATE OF COUNTY OF The foregoing instrument was acknowled ed before me thix day of 2013, byj,��5 as ] %�,(,Q.�i}E.� of SWA M, LLC, a Foreign limited liability company. He /she is personally known to me, or [ ] has produced driver's license no. ICU.( t_�, as identification. ME; N RY�''P� UBLI BROOKE UBUC o Ab- NOTARY PUpUC STATE OF TEXAS Printed Name: COMM. EXP. 01 -14 -2014 Commission Expires: [Signatures continue on following page] 16F 2!1 ATT BOARD OF CO Y COMMISSIONERS DVCT'Radl Clerk COL O Y FLORIDA � y: Attest,;66. 0- chifm* ` ty le r GEORGIA A. HILLER, ESQ. signatUr�to' s ' � ' f CHAIRWOMAN Appr to form and legal V ioSy -- Jf C 16F 21 Exhibit "A" Impact Fee Credit Allocations (Parcel Ownership Credit Allocation Residential (Tract B) Sierra Grande Holdings, LLC $60,841.58 Commercial Lot 1 Sierra Meadows, LLC $7,944.43 Lot 2 Sierra Meadows, LLC $7,36D.62 Lot 3 Sierra Meadows, LLC $5,753.01 Lot 4 Pelican Bay /Hammock Woods II $12,952.79 Lot 5 Swann FM LLC $6,278.90 Lot 6 Sierra Meadows, LLC $9,084.70 Lot 7 Sierra Meadows, LLC $8,993.53 Lot 8 Sierra Meadows, LLC $31,092.44 Lot 9 Sierra Meadows, LLC $33,298.00 Sub -total (Commercial) $122,758.42 TOTAL $183,600.00