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Backup Documents 03/09/2010 Item #16B 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlt 6 8. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .I. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print Ull pink paper. Auach to origmal UUCUITlClit (higinal UllClIlTlel1h should hc hand ddivcred h the Huard Ollie\: !hc compklt:d roullng slip and nrigJllaJ ducuments arc It) he flH\\ardcd to the lioard Ollie.;: only after IlK> Buard has lilken actIOn on t!1(' item.! ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the 7 excention oCthe Chairman's sionature, draw a line througl1 routing lines #1 throuph #4, comnlete the checklist, and forward to Ian Mitchell (line #5). ~oute to Ad~,ressee(s) Office Initials Date List in routinn order l. - -~~ 2. .-.--'- ----- 1-- 3. ,,~;;; ~;,~~>~ - ,~,~~ 4. ~ 5. Ian Mitchell, BCC Supervisor Board of COlmty Commissioners ~ 3bl1o 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.\ Name of Primary Staff I Phone Number --"44 k. , ,t \ tj~ ,_\ (.. ir.': .~<, ~,-)C; Contact " Agenda Date Item was ~ () 2<~,() Agenda Item Number I(~ '.1-'<,-7 A;;nroved bv the BCC - Type of Document AM C!'.,i I" ,'" t Jo."T' .. F Number of Original \ Attached '.X, ". ..' ^' m .- Documents Attached C:.-';.Jl....~i:;:. j'''~'lEt ~ \ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be a e f our deadlines! The document was approved by the BCC on _:> . /'" (enter date) alld all changes made during the meeting have heen incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicahle. rJ( V' 2. 3. 4. 5. 6. ~/ l: Formsl County Fonnsl sec Fonnsl Original Documents Routing Slip WWS Originai9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 ~.;. -,.. 6B 7" INSTR 4406275 OR 4546 PG Hi62"'. RECORDED 3/16/2010420 PM PACiES 22 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $188 50 INDX $5.00 First Amendment to DEVELOPER AGREEMENT THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (hereinalicr referrcd to as the "Amcndment'") is made and cntered into this"'hbday ofS\~~__._ of2010. by and bctween VICTORIA ESTATES, LTD.. a Florida limited partncrship. MAUI'OND. LLC'. a Florida limited liability company. MAGPOND--A. LLC. a Florida limitcd liability company. MAGPOND-B, LLC, a Florida limited liability company. NEW MAG POND. LLC, a Florida limited liability company and NEW MAG POND-A. LLC. a Florida limited liability company (hcrcinafter collectively referred to as "Victoria" and sometimes refcrred to as "'Developer"). with an address at 8441 Cooper Crcek Boulevard, University Park. FL 34201, and COLLIER COUNTY. FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). RECITALS: WHEREAS, Victoria is thc owner of approximately 25.83+/- acres of commercially zoned land in unincorporated Collier County, Florida (the "'Developer Parcel") which is a portion of the Collier Boulevard Mixed-Use Commerce Centcr PUD, Ordinance No 01-10 (referred to as the "South PUO"); and WIIEREAS, Section 8.5.5 of the South PUD provides that the "proposed storm water management system for the projcct shall provide for the six-lane condition of Collicr Boulevard runoff" (thc "Collier Boulevard Stonnwater RequiremcnC); and WHEREAS, on or about July 22. 2008. County, Victoria and the owner of the adjacent PUD, 1-75 Associates, LLC, entered into a Developer Agreemcnt which was recorded on July 25. 2008 in ORB 4381, Page 1116 of the Public Records of Collier County. Florida (the "Agreement"); and WHEREAS. pursuant to Paragraph 2 of the Agreement. Developer has granted certain easements to County. including that certain Drainage Easement recorded Decembcr 16. 2008. in ORB 4413, Page 3877 of the Public Rccords of Collier County. Florida. as corrected by that ccrtain COITective Drainage Easement recorded July 15, 2009 in ORB 4472, Page 2065 of thc Public Records of Collier County, rlorida (thc "'Drainage EasemenC) over ccrtain portions of Developer's property designated for stonnwater retention (the "'Drainage Easement Area"); and WHEREAS. MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC ("'Magnolia"). which also owns a portion of the South PUO (the "Magnolia Parcel"'), has granted certain easements to County. including that certain Drainage Easemcnt recorded July 6, 2009. in ORB 4469. Page 54 of the Public Records of Collier County, Florida (the "'Outfall Easement'.). over and across the north twenty (20) fect of Magnolia's Parcel (thc "Outfall Easement Area"). extending from the Drainage Easement Area, west to the County drainage ditch #MGG-15: and Page I of 13 16 a-Ii WHEREAS. Paragraph 13 of the Agreement provides, inter alia. Victoria shall accepl its proportionale share of the sfOrmwater runoflfi"om the westernfour lanes of the modified six (6) lane condition with additionalnorthhollnd and sOllthhound drop lanes totaling eight (R) lanes of Collier Boulevard (CR-951) hetween west hound enlmncc ramp 10 1- ~5 and Ihe Ciolden Gale canal. nol to exceed 6.6 aeres of righl-of:way (Ihe "WeSI Right-of:Way.) (The "Drainage Requirement'.): and WHEREAS. County has requested that the Drainage Requirement be increased to accommodate the County's present design for the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-951) between west bound entrance ramp to 1-75 and the Golden Gate canal: and WHEREAS. County has requested that the Drainage Easement be modified to add the Florida Dcpartment of Transportation ("FDOTOO) as a co-grantee with the County: and WHEREAS. the Transportation Administrator has recommended to the Board of County Commissioners that the terms and conditions set forth in this Amendment (hereinatier referred to as the "'Revised Proposed Plan") is in conformity with contemplated improvcments and additions to the County's transportation network: and WHEREAS, atier reasoned consideration by the Board of Commissioners. the Board finds and reat1irms that: a. The subject Revised Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system: b. Such Revised Proposed Plan, viewed in conjunction with other existing or proposcd plans. including those from other developers, will not adversely impact the cash flow or liquidity ofthc County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing grov.1h-necessitated capital improvements and additions to the County's transportation system: and c. The Revised Proposed Plan is consistent with both thc public interest and with the comprehensive plan. including the most recently adopted live-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of thc Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW. THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein. the parties agree as follows: J. All of the above RECITALS are true and correct and are hcreby expressly incorporated herein by reference as if sct forth fully below. Page 2 of 13 16 B '17 2. Paragraph 13 of the Agreement shall be and hereby is revised such that maximum capacity of stormwater drainage Irom the West Right-oj~ Way shall be increased Irom 6.6 acres ofright-ot~way to 7.1 acres ofright-ot~way. 3. Developer shall, within thirty (30) days t()llowing the date of this Amendment, execute a replacement drainage casement in substantially the form attached hereto as Exhibit "A," to supersede and replace the Drainage Easement. which replacement easement shall providc for and be limited to the increased capacity agreed to in Paragraph 2 above. and shall add FOOT as Grantee. together with the County. 4. In consideration jor Developer's acceptance of the additional drainage capacity as provided in Paragraph 2 above, County hereby covenants and agrees that the County shall, at County's sole cost and cxpense. design. permit and install thc outfall drainage pipe within thc Outfall Easement Area. as depicted in Exhibit "13"". The outfall drainage pipe shall bc sizcd to accommodate thc outll11l for stormwatcr run-off Irom the maximum development approved under the South I'll D lor the Developer Parcel and the Magnolia Parcel as wcll as thc increascd Wcst Right-oj~ Way stormwatcr as provided in Paragraph 2 above. 5. Except to the cxtent specifically modi tied in this Amendment, all of the terms of the Agreement shall remain in full force and effect and are hereby ratitied by the parties hereto. Any capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement. 6. This Amendment shall not be construed or characterized as a development agreement under the Florida Local Governmcnt Development AgreCment Act. 7. The burdcns of this Amendment shall be binding upon. and the benetits of this Amendment shall inure to. all successors in intcrest to the parties to this Agreement. R. Developer acknowledges that the failure of this Amendment to address any permit, condition, tenn or restriction shall not relieve either the applicant or owner. or its successors or assigns. of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements. conditions. terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Amendment. which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Amendment. thcn in such event this Amendmcnt shall be modi tied or revoked as is necessary to comply with such laws, in a manner which best retlects the intent of this Amendment. 10. Developer shall execute this Amendment prior to it being submitted lor approval by the Board of County Commissioners. This Amendment shall be recorded by the County in the Ofticial Records of Collier County. Florida. within j(lUrteen (14) days after the County enters into this Amendment. County shall pay all costs of rccording this Amendment. Thc County shall provide a copy of the recorded document to the Dcveloper upon request. Page 3 of 13 16 8 '7 I J . In the event of a dispute under this Amendment, the parties shall first use the County's then~un'ent Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may tile an action !()r injunctive relief in the Circuit Court of Collier County to enforce the terms of this Amendment. said remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~~ ~ a...,~ ...... 'Ierk It.......j II. By: '11....),- LAi C2~" FRED W, COYLE, CHAIRMAN Approved, form and J ga s rl'ic~ 'O\V REMAINING SIGNATURE PAGES TO FOLLOW Page 4 of 13 16817 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT i--'.--~-------._-------- --1------- ------ -. ---, i WITNESSES: ' VICTORIA EST A TES, LTD., a Florida I limited partnership, By: BENDERSON-VICTORlA, LC, a Florida limited liability company. Its: Gcneral Partner AM i ~=--~___ By: David H, Baldauf Its: Manager , ~ STATE OF _.t-:kl,_~C ( '. ) ss: COUNTY OF .' "- The fo~e ,oing instrument was acknowledged before me this 1L.., day of _ 1. \. )(UL-'- ____.2010 by David H, BaldauL \i1anager of Benderson-Victoria. LC. a Florida limited iability company. General Paltner of VICTORIA ESTATES, LTD.. a Florida limited partnership. on behalf of said limited partnership. who is personally_ ,( known to mc or has produccd ____. as idcntification. WITNESS my hand and oflicial seal this -JJ---- day of " Ii! i/I II. I I 2010, N~tary ~~bliC'':~ -V U (, I ~. NOTAR Y RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Namc SHERRY A. KEKll,K Nrtllry Public ~tate of New York Regisrfi1ticn ,lID. CIKESDJ8/i98 Q.:2.ILed In Erie C:}U:1(y Mv Comr.,ISSlfili EXi;,res jJ;1i.lJiY iI, 20-JJ Commission No. Expiration Date Page 5 of 13 16 B 17 SIGNATURE I'AGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT ----~--_._- WITNESSES: .\ I V \. . ( .. .... '\ '. \.'__\ ~~.~ .1 ::. ~1 _ . ! Witness Nam"li) )\L~ 'II 'iLl keLFIIt i _c*rr) CI~~_-__--- ! WItness Name:-KiLllLA\..':ti\ '-, i MAG POND, LLC, I a Florida limited liability company BY:~~~.i~== David H. Baldauf. Manager ~, ._______~__J , ._~_~___~_.~.,___......l.____,_"_____._ STATE OF _[Ir' -~f2--L_) ss: COUNTY OF ... . -------=-_.~~_.._.~._- ) The foregoing instrument was acknowledged before me, this li.- day of..Ld.2i 1J(j. J 20 I O. by David H. Baldauf as Manager of MAGPOND. LLC. a Florida limited liability c(;;:;;plny. on behalf of the company, who is ( .I ) personally known to me or ( ) has produced as evidence of identification. ,\ I ( t t . r\ Notary put1f\c ~/. I" . ~, I ., i (" , NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY \. KEKl I,K Notary Public, ;l:~tt; o~ ;~:;!'N l'Grk Rt.glstratli.ili ['i;, OlK~6'w! o4'.;1~ OL1~idle~ Iii Er,f: C(w;:tJ' I My Cornrr:lssHJi' t'-~Ire~ Jd;");;')' E, 2U L Commission No. Expiration Date Page (, of 13 169 I~ SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT r----------.------ WITNESSES: MAG POND-A, LLC, a Florida limited liability company I I, I \ \ ,. I . ~ \, " ~, -'.. '( Witness Name' \ .\,r'\.(~Tir10?Il7il( ! .-: i~ll y~b( \Lu ell't i\J I Witness Name~x'. 1\ ~<:, il.:.o. By' I I. '-'~-"~--- -.-."--- David I-I. BaldauL anager ~ '--~-,- STATE OF I~C'_~L ( ss: COUNTY OF _~_--'-_ ) The foregoing instrument was acknowledged before me. this JL day of /:-(t) .1010. by David H. Baldauf as Manager of MAG POND-A. LLC. a Florida limited liability company. on behalf of the company. who is ( ) personally known to me or ( ) has produced as evidence of identification. 'LHL,\J..-V(. (I( _.__.~.~---_."..._._-- Notary Public \. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. K,^lAK Nota'Y PL'n:ic, ,:Jl;1te oi NdW YDrk RtD'f:rat;ci' rw. OU<f6C;,>j98 (,.';:llfle':;!11 Er;fj CJ,,;;,y ! Mv Crmm,S~lIJr, l)'~lil;::' j.i;jiJ,JIY iI, 20 l, ------------~ - Commission No. Expiration Date Page 7 of l3 16B 1 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT [WIT~~~SES--~ ---------- il' I I l ( \ ~'~ ~':. \. ' Witness ;\Iam~i\. j \,' /::-iTT:l1-,'v . . I l'~-( .L~'; ___~____,_~_ , t .u.U_" -{ Il..:..,~ -I I MAGPOND-B, LLC, a Florida limited liability company By._tLi;t~_ David H. BaldauL Manager l_ ____ \J.-~ ---_._-_.~.~...-,-_.~ STATE OF ..l'ii~~~ . ) ss. COUNTY Of _~,~_ ) The f()regoing instrument was acknowlcdged before me. this L day ofLLiL_. 2010. by David H. Baldauf as Manager of MAG POND ,B. LLC'. a Florida limited liability company. on behalf of the company. who is (" ) personally known to me or ( ) has produced as evidence of identification. I \ ,I. ,,1 t~_li C: ( Notary Public NOT ARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHfRRV I KEn.\K Hrtary PljS::C, St.lif, ~:j :\"'1/ VlI: k keg;';:;;,:,,:;: i~Q. C;i\L;\'l';','J,) G..LJi;(,eC: In [rlt' i:,L":'i 1 My Cfi:Tlflii::'SliJil E-,q.'!,~S J..i::_z,:) II in .t. ___.___~~__ ____._._....'u_ Commission No. Expiration Date Page 8 of 13 168 7 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT I~~---- --~----------....-~_._- I WITNESSES I, , / .' j ! 'I_ \ l/.l I l( __ (l( l '. 'R ,\, .:....l~ '. .. ... Witness Nam<.r.\-__ J\::"l;~,i 1!1'ITfLil . - I i~tnL~rJ --- : Witness Name: . L .l~\..( IG NEW MAG POND, LLc, a Florida limited liability company IH~ I \ '-- i By: IV. _,-- _________ i David H Baldauf. Manager i ~_._- 1>'6 ___-.-.-.-.-.-.J STATE OFlli~ ~c'i COUNTY OF -1-,- t ) ss: The foregoing instrument was acknowledged before me, this 4- day of by David I L 8aldauf as Manager of NEW ,MAG POND. LLC. a Florida company. on bchalf of the company. who is (Y ) personally known to me or ( as evidence of identification. t=i:.J; .2010. limited liability ) has prod uccd NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL _~~(~,L,((.. \..(/ Notary Public Printed Name Commission No. Expiration Date SfTr/RV A K:X n< ~jct:1r'i PU!l:!C. .<,i'; ;',':W Y\lr- rL '! K~'Cc . J4:;o M C '~L',t - 11 _1.(' y Gnl ~ 'JII[~~ ~lJ,1 udy 11,20 Page 9 of 13 Page 10 of 13 168 17 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT ,------ WITNESSES: . II. .' ( . ,I ~ \1 I. i . ) \u... ~'-' T~' '.. "+-c'-'-rt'-- Witness Name: -r'\t'.L\I'tRl.uLIl{ ! hi & . ! _.__ ,l I }) .'. "\ j".J:.. ....______ I Witness Name: .Ill..[\ \ '-i fI', .. I I !_- NEW MAG POND-A, LLC, ! a Florida limited liability company ! I ! By: I I~~ ) $ li\/\--- i I i ______....L._.. Da\id H. Baldauf. Manager ___ ...31 STATE OF /,[, \/::-." ) ss: COUNTY Of -- ~~_._-_._-~- The foregoing instrument was acknowledged before me. this li._ day of by David J L Baldauf as Manager of NEW MAGPOND ^. LLC. a Florida company. on behalf of the company. who is (.- ) personally known to me or ( as evidence of identitication. ~.::LU.__' 20 I O. limited liability ) has produced "/" '. I;' .1'-t -l\i~_--'" , Notary Public/X;- I . / I i.. , NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Sf!; ~:;y i.... K' -,: tK f\ ':' t c, i, ", . ,. 'J I II ;:'., Yr' i~, hlr";- ;(/ [); -:,,';'8 Commission No, Expiration Date ','J', II,:) CG'~:' ""'~', ';j,i:..~' ;,1." Ij 1 ~() 11 Page 10 of 13 SCHEDULE OF EXHIBITS EXHIBIT A EXHIBIT B General Form of Replacement Orainage Easement Graphic Rendering of Outfall Page 11 of 13 16817 1681 JOINDER: NORTH PUD OWNER: Thc undcrsigncd on behalf ofI-75 ASSOCIATES, LLC, a Florida limited liability company. as owner of approximately 25.29+/- acres of commercially zoned land in unincorporated Collier County, Florida, in the Golden Gate Commerce Park Planned Unit Development. Ordinance No. 00-15, as amended (referred to as the "'North PUD"), and as a party to the Developer Agreemcnt which was rccorded on July 25. 2008 in ORB 4381, Page 1116 of the Public Rccords ofCollicr County. Florida. hereby join in this First Amendment to Developer Agreement, lor purpose of acknowledging its consent to the Amendment. I I WITNESSES: 1-75 ASSOCIATES, LLC. a Florida limited liability company L u,'.... \.1/ ,~ '-,--tL"',. l ( C Witness Nami:\ I~~ j ~Vvj /--'~ - =r--.-.-------- By: David H. Baldauf Its: Manager . \ ", '''":J ~"l) eX l''j ,.Vj ~ Witness Name: Ki \ "(~v,,c{ /) S Page 12 of 13 168 7 STATE OF Nl:.u.: yr..:.j". ,. ) SSe COUNTYOF :.,ll' __ The foregoing instrument was acknowledged before me this Jl, day of i ~'l'l :1:, "~ . 2010 by David H. Baldauf: Manager of 1-75 Associates. LLC. a Florida limited Ii bIlity company. on behalf of the company. who IS personally L__ known to mc or has produced _ as identification. WITNESS my hand and oHicial seal this j'.j day of f f.JHIIUY 2010. _) '\\_1 I_~.t, \..1" G Notary Public \ NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. KEKLAK NotafY Public, 5tate of New Yock RegIStration No. OlKE60l8498 Qualified in Ene County I My CommiSSIOn Expires January 1 i, 2(; 1 Commission No. Expiration Date Page 13 of 13 EXHIBIT 'A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 1 OF 8 PrOject Collier Boulevard (60092) PARCEL: 112DE (Revised) Folio No.: Portion of 00298120608 REPLACEMENT DRAINAGE EASEMENT THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify, supersede and replace that certain Drainage Easement recorded December 16, 2008 in Official Records Book 4413, at Page 3877, Public Records of Collier County, Florida, as corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in Official Records Book 4472, at Page 2065, Public Records of Collier County, Florida, and is made and entered into this _ day of ,2010 by VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company. MAGPONO-A, LLC, a Florida limited liability company, MAGPONO- B, LLC, a Florida limited liability company, NEW MAG POND, LLC, a Florida limited liability company and NEW MAGPOND A, LLC, a Florida limited liability company, whose mailing address is 8441 Cooper Creek Blvd., University Park, Florida 34201, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida 34112 (hereinafter referred to as "County") and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose mailing address is Post Office Box 1249, Bartow, Florida 33831-1249 (hereinafter referred to as "FDOT") (County and FDOT shall be referred to collectively 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. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH Grantor, for and In consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across the following described lands located In Collier County, Florida, to wit See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon, provided, however, that the rights granted herein are limited to run-off from the proposed six-lane condition of Collier Boulevard, not to exceed 7.1 acres of right-of-way. The Grantee may not utilize this Easement for drainage in excess of 7.1 acres of right-of-way nor for drainage required for any other Collier or FDOT project or improvement, without the prior written consent of Grantor. This easement DOES NOT give Grantee the right to remove and use any excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above 168 7 I .~ L EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 2 OF 8 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES VICTORIA ESTATES, LTD, a Florida limited partnership By: Benderson-Victoria, Le, a Florida LLC Its General Partner (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of ~__, 2010, by David H. Baldauf, Manager of Benderson- Victoria, LC, a Florida limited liability company, General Partner of Victoria Estates, Ltd., a Florida limited Partnership, who: _ is personally known to me OR produced Identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! CommiSSion # (if any): My Commission Expires: WITNESSES: MAG POND, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) L."st Ke'/J ~ed 2/'11 /'J7 168\7 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 3 OF 8 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of ,2010, by David H Baldauf, Manager of Magpond, LLC, a Florida limited liability company who: _ IS personally known to me OR produced _____ identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires WITNESSES: MAGPOND.A, LlC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H Baldauf, Manager of Magpond-A, LLC, a Florida limited liability company who: _ is personally known to me OR _ produced Identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: :,ast Revised, 2/01/C! 16 7 EXHIBIT 'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 4 OF 8 WITNESSES MAGPOND-B, LLC a Florida limited liability company (Signature) David H Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this _ day of , 2010, by David H. Baldauf, Manager of Magpond- B, LLC, a Fiorida limited liability company who: _ is personally known to me OR _ produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Senall Commission # (If any): My Commission Expires: WITNESSES NEW MAGPOND, LLC a Florida limited liability company David H. Baldauf, Manager (Signature) (Print Name) (Signature) (Print Name) Ldflt Revilled: 2/(:1/0') I 160' 7 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 5 OF 8 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this _ day of 2010, by David H. Baldauf, Manager of New Magpond, LLC, a Flonda limited liability company who ~ is personally known to me OR _ produced identity. __~_~as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My CommiSSion Expires: WITNESSES: NEW MAG POND A, LLC a Florida limited liability company David H Baldauf, Manager (Signature) (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this _ day of , 2010, by David H. Baldauf, Manager of New Magpond A, LLC, a Florida limited liability company who. _ is personally known to me OR _ produced identity as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: La:Jt Re'_'illed }ill/I)".' 168 7 I !! -< " 1; ~ '" .. ~~ ~ r Zo 211 Ii!~ . "'~ ~~ ~ ~~ ~ 0 g9 z,ll <;I" ~~ "'f' ~i ~ ~ '" ~ ~~ ~ iil~ '" ~!il ~ 0," 0 .~ . " ~ . ~ . 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S.00'00'43"E, 20.01 20.02 LEGEND: O.R.---Officiol RecordS Book Pg.---Poge NOTE: Bearings orc bosed on the South boundary of the Northeas.t'1/4 of .Section 34 -49-26. having on assumed bearing af S:88'47"56IV: MAGNOLIA POND 20' DRAINAGE EASEMENT fh;, Sl,lth ol Dn:riptjel" Ra1 pr~j)ord ;11 O:cOrdClflCO .ah 11'1, ~;n;m1,1m TtcMitOI :>tondcrd, set lort'" by tM noridc ~rTJ of Proln,;o1'\G1 SUi"o'.,.ol"l &' L1a~p'ft ./'1 thcp!" 61C17-6.Jl~ k!m:ni,lrolive code, "lolnl/O...l to Secl;Dt\ <4n.C27; noril:fli Stolut:1. ,.. ./ -' ." , ... .. '. ~/2Zd'-lz/'/ OA ,10 ALAN WI~S LS6423 flOtl.J,I. f'RCftSSIOf-W. SCR'.utR l IL'J'P(R /'(). ...............~. IJ:)T VA.t.J:> .....1THOVT TH[ SGNATUR( AND Tl1l: ORlGl~ PA'SED 5OJ.. or A nORlOA UC[h'S(O suR'VEYCn AND \.W'PER 'R""'EO ""HEIDT & ASSDCIATES. Inc. T:unp3..) Fort Myers.... Sarasota Manatee ~ llrooksville Crrllticate cd Authorfzotlon Number LB 14B CML EN01NEERING Fort M~.tn Ofnce LANO SUrtVl!YlNO JElen Colon-al f1ou"'vrud St..lf.' :200 P'VINNlNO FOr! MVl!"~, FL 3JC066 Ef\.VlRQNMENTAL PM en" :2:39-40:>.7275 LANDSCAPEAAeHnEcrunE FIVe :>:m.4S:!.:!'CJ REV. LEGAL 6/10/09 Dote: t 1/03/08 Drwn:DAW rdtr NO:SIll..IoIP...o;.a Ctlk'd;AJll D.lr_JO'~DI P.C.: N/A OC:II/4 F8:tl/A Ee. J4 'iWN..9 s. Rt1G.26 [ HErr: INSTR 4404843 OR 4545 PG 1745 RECORDED 3/12/20101029 AM PAGES 24 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $20550 INDX $5.00 First Amendment to 168\7 DEVELOPER AGREEMENT THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (Lafter referred to as the "Amendment") is made and entered into this <=L-l"aay of MARC of2010, by and between VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company, MAGPOND~A, LLC, a Florida limited liability company, MAGPOND-B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAGPOND-A, LLC, a Florida limited liability company (hereinafter collectively referred to as "Victoria" and sometimes referred to as "Developer"), with an address at 8441 Cooper Creek Boulevard, University Park, FL 34201, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). RECITALS: WHEREAS, Victoria is the owner of approximately 25.83+/- acres of commercially zoned land in unincorporated Collier County, Florida (the "Developer Parcel") which is a portion of the Collier Boulevard Mixed-Use Commerce Center PUD, Ordinance No. 01-10 (referred to as the "South PUD"); and WHEREAS, Section 8.5.5 of the South PUD provides that the "proposed stormwater management system for the project shall provide for the six-lane condition of Collier Boulevard runoff" (the "Collier Boulevard Storm water Requirement"); and WHEREAS, on or about July 22, 2008, County, Victoria and the owner of the adjacent PUD, 1-75 Associates, LLC, entered into a Developer Agreement which was recorded on July 25,2008 in ORB 4381, Page 1116 of the Public Records of Collier County, Florida (the "Agreement"); and WHEREAS, pursuant to Paragraph 2 of the Agreement, Developer has granted certain easements to County, including that certain Drainage Easement recorded December 16, 2008, in ORB 4413, Page 3877 of the Public Records of Collier County, Florida, as corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in ORB 4472, Page 2065 of the Public Records of Collier County, Florida (the "Drainage Easement") over certain portions of Developer's property designated for stormwater retention (the "Drainage Easement Area"); and WHEREAS, MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC ("Magnolia"), which also owns a portion of the South PUD (the "Magnolia Parcel"), has granted certain easements to County, including that certain Drainage Easement recorded July 6, 2009, in ORB 4469, Page 54 of the Public Records of Collier County, Florida (the "Outfall Eascment"), over and across the north twenty (20) feet of Magnolia's Parcel (the "Outfall Easement Area"), extending from the Drainage Easement Area, west to the County drainage ditch #MGG-15; and Page I of 13 168 7 WHEREAS, Paragraph 13 of the Agreement provides, inter alia, Victoria shall accept its proportionate share of the stormwater runoff/rom the western/our lanes o/the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes 0/ Collier Boulevard (CR-951) between west bound entrance ramp to 1-75 and the Golden Gate canal, not to exceed 6.6 acres 0/ right-oj:way (the "West Right-of-Way") (The "Drainage Requirement"); and WHEREAS, County has requested that the Drainage Requirement be increased to accommodate the County's present design for the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-95I ) between west bound entrance ramp to 1-75 and the Golden Gate canal; and WHEREAS, County has requested that the Drainage Easement be modified to add the Florida Department of Transportation ("FOOT") as a co-grantee with the County; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the terms and conditions set forth in this Amendment (hereinafter referred to as the "Revised 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 Revised Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Revised Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c. The Revised Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 2 of 13 168\] 2. Paragraph 13 of the Agreement shall be and hereby is revised such that maximum capacity of stormwater drainage from thc West Right-of-Way shall be increased from 6.6 acres of right-of-way to 7.1 acres ofright-of-way. 3. Developer shall, within thirty (30) days following the date of this Amendment, execute a replacement drainage easement in substantially the form attached hereto as Exhibit "A," to supersede and replace the Drainage Easement, which replacement easement shall provide for and be limited to the increased capacity agreed to in Paragraph 2 above, and shall add FDOT as Grantee, together with the County. 4. In consideration for Developer's acceptance of the additional drainage capacity as provided in Paragraph 2 above, County hereby covenants and agrees that the County shall, at County's sole cost and expense, design, permit and install the outfall drainage pipe within thc Outfall Easement Area, as depicted in Exhibit "B". The outfall drainage pipe shall be sized to accommodate the outfall for stormwater run-off from the maximum development approved under the South PUD for the Developer Parccl and the Magnolia Parcel as well as the increased West Right-oI~Way stormwater as provided in Paragraph 2 above. 5. Except to the extent specifically modified in this Amendment, all of the terms of the Agreement shall remain in full force and effect and are hereby ratified by the parties hereto. Any capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement. 6. This Amendment shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 7. The burdens of this Amendment shall be binding upon, and the benefits of this Amendment shall inure to, all successors in interest to the parties to this Agreement. 8. Developer acknowledges that the failure of this Amendment to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Amendment, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Amendment, then in such event this Amendment shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Amendment. 10. Developer shall execute this Amendment prior to it being submitted for approval by the Board of County Commissioners. This Amendment shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Amendment. County shall pay all costs of recording this Amendment. Thc County shall provide a copy of the recorded document to the Developer upon request. Page 3 of 13 16-8 '{fp 7 II. In the event of a dispute under this Amendment, the parties shall first use the County's then--current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure. either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Amendment, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: '1'L~ w. FRED W. COYLE, CHAI By: ow REMAINING SIGNATURE PAGES TO FOLLOW Page 4 of 13 168 ~7 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES: ~ 1 VICTORIA ESTATES, LTD., a Florida limited partnership, By: BENDERSON-VICTORIA, LC, a Florida limited liability company, Its: General Partner IW) By: David H. Bal auf Its: Manager C> STATE OF Nau \/ D(t ) _ i ) ss: COUNTY OF [> ,. iL ) The fore omg instrument was acknowledged before me this L day of . r , 20 I 0 by David H. Baldauf: Manager of Benderson- Victoria, LC, a Florida limited iability company, General Partner of VICTORIA EST A TES LTD., a Florida limited partnership, on behalf of said limited partnership, who is personally L known to me or has produced as identification. WITNESS my hand and official seal this II day of ~0(ua ^I ~~ 4~QjOrP~ Notary Pubhc 2010. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. KEKlAK Nota!)' Public, State of New York Registretion No. 0lKE60J8498 Quaiified in Erie County My Commission Expires Janua!)' l!, 20.tJ Commission No. Expiration Date Page 5 of 13 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES: S\tu By: W'~;cl ~ David H. Baldaut~ anager 168" 7 ~ STATE OF Jk>u. > \I Drl ) 1 ) ss: COUNTY OF f~ ) The foregoing instrument was acknowledged before me, this U- day of Ghf111lN2010, by David H. Baldauf as Manager of M,AGPOND, LLC, a Florida limited liabi~ny, on behalf of the company, who is ( -f- ) personally known to me or ( ) has produced as evidence of identification, II . 11 ,-91 Q Ai .~A oti~ (J{tt Notary Pu 'c NOTARY RUBBER STAMP SEAL ..... OR EMBOSSED SEAL Printed Name SHERRY A, KEKLAK Notary Public, State of New York Registration No. 01KE6018498 Qualified in Erie County 11' My Commission Expires January 11,20 Expiration Date Commission No. Page 6 of 13 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES: -T'- ! ! MAG POND-A, LLC, a Florida limited liability company (tU By:J&~ David H. Baldauf, . anager ~M~~ ~LL~~ Witness Name: I ,yo O,,\){Jt.9,. STATEOF Mcuj ~[ COUNTY OF 0v-j).. ) ss: ) ) 168 ,17 ~ The foregoing instrument was acknowledged before me, this --li- day of i€b ,2010, by David H. Baldauf as Manager of MAG POND-A, LLC, a Florida limited liability company, on behalf of the company, who is ( Y ) personally known to me or ( ) has produced as evidence of identification. < S'lutO ~ ~J2dJt{) Notary Publi NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Expiration Date SHERRY A, KEKlAK Nota.l)' Public, State 01 New York RegIStratIOn No. 01KE6018498 Qualified in Erie County I My CommISSion Expires January ll, 20 J Commission No. Page 7 of 13 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT --------.,.------ WITNESSES: , /.. :11. /\ .1(/ ~~~ Witness Nam":6 (~N)? f!j il WfIill{ j6 m () U.v~ Witness Name: ~~Ih-I rM.-'-tJ'l2, MAGPOND-B, LLC, a Florida limited liability company BY:~~ David H. Baldauf, nager 160'7 STATEOF~ ) C ) ss: COUNTY OF C AJ."JL ) c>-'6 The foregoing instrument was acknowledged before me, this 1L- day of Rb ,2010, by David H. Baldauf as Manager of MAGPOND-B, LLC, a Florida limited liability company, on behalf of the company, who is ('/--) personally known to me or ( ) has produced as evidence of identification. .' ./1. ,<)>fu 1~ ~ ~ Yt(Jc&J Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL SHERRY A. KEKlAK Notary Public, ~tate of New York RegIStration No. 01KE6018498 Qualitled in Ene County II My Commission Expires January 11, 2011 Printed Name Commission No. Expiration Date Page 8 of 13 1 6 8 f7 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES: . . u.t SItu~~ Witness Nam .' - 'l ~h,~ Witness Name: 1\..2> NEW MAG POND, LLC, a Florida limited liability company lM By: David H. Baldauf, Manager , <><5 STATEOF~ . ) ss: COUNTY OF [Iv. J. The foregoing instrument was acknowledged before me, this ~ day of ~ ,2010, by David H. Baldauf as Manager of NEW .MAGPOND, LLC, a Florida limited liability company, on behalf of the company, who is (X) personally known to me or ( ) has produced as evidence of identification. SJ\I"~~(.dI Notary Publi ) NOT AR Y RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date SHERRY A. KEKLAK Notary Public, State ot New York Registration No. 01KEfiOJ8498 Qualified in Erie Cuunty II My CommISsion Expires January 11,20_ Page 9 of 13 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES: NEW MAGPOND-A, LLC, a Florida limited liability company (A1lwJ Witness Narne\ Q -him ~~ Witness Name: D.~1-.tn<::-' By: IW)~ - David H. Baldauf, Manager STATE OF ~t'U.--, ~Ji( ) ) 55: COUNTY OF C"I)' ..12- ) 16 81l The foregoing instrument was acknowledged before me, this ~ day of ~ ,2010, by David H. Baldauf as Manager of NEW MAGPOND-A, LLC, a Florida limited liability company, on behalf of the company, who is ( 17 personally known to me or ( ) has produced as evidence of identification. J $hULA A~'.o( , Notary PublicO NOT AR Y RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. KEKLAK Notary Public, State of New York Registration No. OtKE6018498 Qualified in Erie County My CommiSSIOn Expires January 11, 20.11 Expiration Date Commission No. Page 10 of 13 SCHEDULE OF EXHIBITS EXHIBIT A EXHIBIT B General Form of Replacement Drainage Easement Graphic Rendering of Outfall Page II of 13 16817 168 <7 JOINDER: NORTH PUD OWNER: The undersigned on behalf of 1-75 ASSOCIATES, LLC, a Florida limited liability company, as owner of approximately 25.29+/- acres of commercially zoned land in unincorporated Collier County, Florida, in the Golden Gate Commerce Park Planned Unit Development, Ordinance No. 00-15, as amended (referred to as the "North PUD"), and as a party to the Developer Agreement which was recorded on July 25, 2008 in ORB 4381, Page 1116 of the Public Records of Collier County, Florida, hereby join in this First Amendment to Developer Agreement, for purpose of acknowledging its consent to the Amendment. WITNESSES: 1-75 ASSOCIATES, LLC, a Florida limited liability company WWn Witness Nam( 1(/ fi-~I\ ~ ,W ~ \ By: David H. Baldauf Its: Manager ct J1rn OJ~~ Witness Name: .ki ~ C)vv.en S Page 12 of 13 16B 7 STATE OF NE.u:l yn2.k6 ) ) ss: COUNTY OF F.1UF: ) The for~oing instrument was acknowledged before me this J.S:, day of ~iYI1Il( ,2010 by David H. Baldauf, Manager ofI-75 Associates, LLC, a Florida limited Ii bility company, on behalf of the company, who is personallyL known to me or has produced as identification. WITNESS my hand and official seal this day of 'N::.l:niI1^/ ~A~ Notary Public I~ 2010. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. KEKLAK Hotary Public, 5tale of New York Registration No. 01KE6018498 Quamied in Erie County 11 My Commission Expires January 11,20 Commission No. Expiration Date Page 13 of 13 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 1 OF 816 8 7 Project: Collier Boulevard (60092) PARCEL: 112DE (Revised) Folio No.: Portion of 00298120608 REPLACEMENT DRAINAGE EASEMENT THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify, supersede and replace that certain Drainage Easement recorded December 16, 2008 in Official Records Book 4413, at Page 3877, Public Records of Collier County, Florida, as corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in Official Records Book 4472, at Page 2065, Public Records of Collier County, Florida, and is made and entered into this day of , 2010 by VICTORIA ESTATES, LTD., a Florida limited partnership, MAG POND, LLC, a Florida limited liability company, MAGPOND-A, LLC, a Florida limited liability company, MAGPOND- B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAGPOND A, LLC, a Florida limited liability company, whose mailing address is 8441 Cooper Creek Blvd., University Park, Florida 34201, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County") and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose mailing address is Post Office Box 1249, Bartow, Florida 33831-1249 (hereinafter referred to as "FOOT") (County and FOOT shall be referred to collectively 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. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon, provided, however, that the rights granted herein are limited to run-off from the proposed six-lane condition of Collier Boulevard, not to exceed 7.1 acres of right-of-way. The Grantee may not utilize this Easement for drainage in excess of 7.1 acres of right-of-way nor for drainage required for any other Collier or FOOT project or improvement, without the prior written consent of Grantor. This easement DOES NOT give Grantee the right to remove and use any excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. { 168 7 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 2 OF 8 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: VICTORIA ESTATES, LTD. a Florida limited partnership By: Benderson-Victoria, LC, a Florida LLC Its: General Partner (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of Benderson- Victoria, LC, a Florida limited liability company, General Partner of Victoria Estates, Ltd., a Florida limited Partnership, who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: WITNESSES: MAG POND, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) Last Revised: 2/01/07 10'B7 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 3 OF 8 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of ,2010, by David H. Baldauf, Manager of Magpond, LLC, a Florida limited liability company who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: WITNESSES: MAGPOND-A, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of Magpond-A, LLC, a Florida limited liability company who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Last Revised: 2/01/07 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 4 OF 816 B 7 WITNESSES: MAGPOND-B, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of Magpond- B, LLC, a Florida limited liability company who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: WITNESSES: NEW MAG POND, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) Last Revised: 2/01/07 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 5 o~ 6 B 7 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of New Magpond, LLC, a Florida limited liability company who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: WITNESSES: NEW MAGPOND A, LLC a Florida limited liability company (Signature) David H. Baldauf, Manager (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of New Magpond A, LLC, a Florida limited liability company who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: Last Revised: 2/01/07 16B7 EXHIBiT .'/\'. TO "'il::ZST /\rIIENDMENT TO DEVELOP!:FI i\C3FZEEMENT PAGE Ii 8 I @ o~ ..,. !;!;!a;!~;!l! ~F .. 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I ""1 '.11-" 'i '- .,./,1... \'" -'/ L' , r)~ /.,\./ " '/.~ >-- ---~\.>\ / '<J)J.f._'?:}~~':::-/ ~ - I " Z "" 0 > ...., CJl CJl > 0 ("l CI:J - c:: > ..., ;c t':I ~ CJl t"' >< t"' ("l ~~ .~~ ~~ ~~ =~ l'l h ~ On , ~2 2 ~~ lil ~a ~ ~t ~ j~ ~ <. " ~II) ~ ~~ ~ m.i! ~ 0, >~ " ~f;l [3 ~~ ~~ .~ 16B 1 ~ ~ 16B 7 EXHIBIT "B" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT , . " ~ ~ DESCRIPTION SKETCH (NOT A SURVEY) o~ 1:"0. 0" gig .0 ,~.. --w --::::1 b~g; ~"...J ,,~'" 0-':; Z'I';)O c 0.0 ~ < :~~ 0'0 ~mz 0'0 ulo. c. '''':C\ .&gs -.-:;,: "U~ 0" "'" MAGNOLIA POND DRIVE (60' ."nt-cl-Wey) (Access Road No.2, pcr O.R. 1016, Pg. 363) South riqht-of-woy line, ond the .0" North boundory of M.f.CNOllA POND "4.J DEVELOPMENT COMPAN'f. LLC 1584.92' --15M~B~-------I---- o '" " '" Q '" II ~ '" o Z fi: <:l ~-: z~ ~o. " -0 0" ~!.;; uw !i~ .&0 ~ ;;~ olJo :5 o tH~ :i~ 0. 'Og t~ eo" o ~ o5l~ -0> gtt::i ",00. 1:2::1 000 ZOo" 20' DRAINAGE EASEMENT (O.728t Ac.) <; ,,; '" ~ i" '" ... N ~ z : lN17JRsr ArE . 1I1GII\" YAj'7s - s.ea-.n's6"W. ('" South boundary of Ihe Northeast 1/4 of Section 34-49-2G 2633,58' ) POINT OF' COMMENCE~Em Southeast corner 01 the Northeast 1/4 of Section J4-49-26 Soulhwnt corner of thll Northeasl 1/4 of S~ct,cn 34-49-26 Ll L2 N.00'24"9"W. S.00'OO'43"E. 20.01 20.02 LEGEND: O.R.---Offic;al Records Sook Pg.---Page NOTE: Bearings orc based on the South boundary of the Northeast "/4 of ,Section 34-49-26, hoving on _ assumed bearing of S:8e'47'56"W: 20' MAGNOLIA POND DRAINAGE EASEMENT fbi, Shieh of Ce$;rip!ion ..os 9f~pClr'd it! a:cordQl'lCO with th. lolilllmum Technical Standard, sri forth by ttle Florida Boord of Prcl"'tollol SUl'Vt')'Or1i &: Uopp.rt 1n OIopt1" 5ICI1w6.....Aot1'do Ac!m;ni$volive (e>de. pl,,'nIJal'lt to Section 472.027; Roridq' Stotut~: /.. ~' / """" . F ...a.&i'A/lY OA 10 ALAN W1LUAMS LS6 23 ruml(l.l. PR\:lFtSS(lt.W, SURV('Y'OR t UWtR NO. ....,"_~_.,... NOT VAllO WfTHOOT THr SlCHAruRE AHD TH! OR\Q~ fU.'S(O SEAl or A. FlORIDA UCEh'S(O SuRVtYOR AND \.WIPER PREPAACO ""HEIDT Be ASSOCIATES. Inc. Tampa.) Fort Myers'" Sarasota Manatee ~ Brooksville Culltlecte 0/ Authorlzctlon Number LB 14B eML ENGINEERING Port M~'ers Office LANO SUR\IEYlNO 3600 Colon 'a I 8ou!l)vllrd f>LANNlN Su,W 200 a Fort My!'l~. Fl.. 3-300<;> Ef'.MRONMENTAL PMtHl- 239.462.7275 l.../l.NOSCAPEAACHrrECTURE FAX: ~39.<le2'21CJ REV. LEGAl 6/10/09 Dote: 1 t/03/08 Orwn: CAW rdtr No:$O\.w"'P~ hl('dAJN DW9:WoIl-W~ P.C.: N/A. OC;t</A. rB:~~/A EC.3" TWN. 49 S. RNC.26 E. MECT: 1 OF ,A 'Pf'Rc'\.JEt>. oJ-.l C~~T I~-e. 7 EXECUTIVE SUMMARY 3/~/zo\16B 7 Recommendation to approve an amendment to an existing developer agreement related to the Collier Boulevard Mixed Use Commerce Center and the expansion of Collier Boulevard between Davis Boulevard and the Golden Gate Main Canal regarding stormwater management improvements. (Project No. 60092 - Fiscal Impact: $158,450.50) OBJECTIVE: To obtain the approval of the First Amendment to a Developer Agreement originally approved by the Board of County Commissioners on July 22, 2008. CONSIDERATIONS: The original Developer Agreement, dated July 22, 2008, between Collier County and the Developer provided, in part that the Dcveloper would accept stormwater runoff from a maximum of 6.6 acres of public right-ol~way in connection with the expansion of Collier Boulcvard between Davis Boulevard and the Golden Gatc Main Canal. It has since bcen determined that the total acreage of Collier Boulevard right-of-way from which storm water must be routed through and treatcd in the Developer's water management system is 7.1 acres. Furthermore, because a portion of the 7.1 acres of right-ol~way is limited access right-of-way for the Interstate 1-75 interchange at Collier Boulevard, the Florida Dcpartment of Transportation (FDOT) has requested that they be named as a co-grantee in the drainage easements granted to the County by the Developer pursuant to the terms of the original Developer Agreement. The First Amendment to Developer Agreement incorporates these changes to the original Developer Agreement dated July 22, 2008. FISCAL IMPACT: Since the Collier Boulevard Mixed Use Commerce Center PUD water management system is not in place yet, the County will be responsible for installing pipe along the south side of Magnolia Pond Drive to convey the stonnwater from the treatment pond on the commercial portion of the PUD all the way to the MGG (Main Golden Gate) Outfall No. IS, where it will then be conveyed to the Golden Gate Main Canal An engineer's estimate of the probable cost of this extra pipe is $158,350. Sourcc of funds for project construction will bc road impact fees and gas taxes. In addition to the cost of the pipc, fees to record the Replacement Drainage Easements which have had the FDOT added as a co-grantee, will be $100.50. However, it should be noted that with or without this amendment the County would have incurred this additional cost to the project at this point in time, simply because the water management system for the residential portion of the PUD is not yet in place. In lieu of reimbursing the County for the additional pipe cost, the developer has agreed to provide an additional .5 acres of stonnwater capacity. The value of the additional capacity is difficult to ascertain by itself as it is included within the existing treatment pond area, however, if the County wcre to seek this capacity outside of the treatment pond area it would far exceed the valuc of the additional pipc. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is sufficient for Board action. JAK 168 7 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve the First Amendment to Developer Agreement presented herewith, and authorize its chairman to execute same on behalf of the Board. Prepared by: Kevin Hendricks, TECM Right-of-Way Acquisition Manager Attachments: (I) First Amendment to Developer Agreement with Exhibits "A" and "B;" (2) Original Developer Agreement dated July 22,2008