Backup Documents 03/09/2010 Item #16B10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
16Bi
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
I'nnt
on pink paper Attach to original document.Original docunent> hould he hand delivered to the Hoard Office The completed routing slip and original
document,are to he forts irded to the Board Ol1icc only after the Board has taken action on the item i
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional sitmatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lutes#1 through#4,complete the checklist,and forward to Ian Mitchell(has#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jennifer White, Assistant County County Attorney's Office
Attorney
5. lan Mitchell, Executive Manager Board of County Commissioners
"3h( 110
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval 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,including Ian Mitchell,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Claudine Auclair Phone Number 252-5887
Contact
Agenda Date Item was 3/9/2010 Agenda Item Number 16 B 10
Approved by the BCC
Type of Document Compliance Agreement Number of Original 1
Attached _ Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. 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 arid Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/f4
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the c-3(A)
document or the final negotiated contract date whichever is applicable. _
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,113
signature and initials are required.
5. in most cases(some contracts are an exception).the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Sonic documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 3-9-2010(enter date)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.
I:Forms/County.Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
pL e ASE re ;v�Eti c r na ,nv�. LAT2
16E1 0
MEMORANDUM
Date: March 12, 2010
To: Claudine Auclair, Principal Planner
Transportation Planning Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Compliance Agreement between Collier County and MDG
Capital Corporation (Arrowhead PUD)
Enclosed please find one (1) original Compliance Agreements referenced above
(Agenda Item #16B10), which was adopted by the Board of County
Commissioners on Tuesday, March 12, 2010.
Please forward a fully executed original document to the Minutes
and Records Department to be kept as part of the Board's Official
Record.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosures (1)
10
COMPLIANCE AGREEMENT 1
-. 7 l-,
This Compliance Agreement ("Agreement") is entered into and made on this `1 day of
11/101,:'.C4.-4 , 2010, by and between Collier County (the "County") and MDG Capital Corporation,
("Developer") (hereinafter referred to collectively as "the 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 Paragraph M.
RECITALS
WHEREAS, Ordinance No. 02-40, as amended, requires that certain Transportation
Commitments be completed no 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 a three year extension of the deadline will not
negatively affect the health, safety and welfare of the residents of Collier County.
WHEREAS, the Parties desire to reduce their agreement to this writing so that it will be
binding upon the MDG and the County and their respective predecessors, successors, heirs,
assigns, spouses, employees, former employees, elected officials, former elected officials,
officers, agents, representatives, attorneys, insurers, sureties, and affiliates.
NOW THEREFORE, in consideration of the mutual covenants and promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
the MDG and the County, the MDG and the County hereby agree to the following:
1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to
as "Whereas clauses,"by reference into the terms of this Agreement.
2. The 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. Ordinance
provisions are attached as Exhibit A, hereto.
3. In exchange, Developer agrees that it will concurrently apply for a Right-of-Way permit
from the County when an application is made for a Development Order as defined by the Land
Development Code in the existance at the time of application for real property described in
16B I0
Ordinance No. 02-40, as amended, Paragraph L. Property Description is attached as Exhibit B,
hereto.
4. Developer also agrees that it will contribute $30,000 to Collier Area Transit no later than
(90) days from the date it applies for a Right-of-Way as more fully described in Paragraph 3 of
this Agreement.
5. Developer agrees that the County will not issue any Development Order until the Right-
of-Way permit is issued and that no certificate of occupancy and/or completion will be granted
on any Development Order until the outstanding transportation commitments have been
completed.
6. This Agreement is freely and voluntarily executed by County and MDG subsequent to
their being apprised of all relevant information concerning this Agreement and upon advice of
their respective counsels.
7. If any court finds any part of this Agreement invalid or unenforceable, such invalidity or
unenforceability shall not affect the other parts 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
continue to be affected. To that end, this Agreement is declared severable.
8. This Agreement shall not be construed as a basis for either granting or assuring or
indicating, or denying, refusing to grant or preventing any future grant of land use zoning
approvals, permissions, variances, special exceptions or any other rights with respect to the real
property in the approved uses area.
9. This Agreement and the provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida, all then applicable provisions of the
Florida Administrative Code, and the then current Collier County Reclaimed Water Ordinance,
Collier County Water-Sewer District Irrigation 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 of MDG.
11. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements
and understandings and that it constitutes the entire agreement between Respondent MDG 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.
16B Ia
12. The Parties acknowledge and assume the risk that facts, additional and different or
contrary to the facts which they believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the Parties agree that any such additional, different or contrary
facts shall in no way limit, waive, affect or alter this Agreement.
13. Except as expressly provided for herein, the Parties represent and warrant that in
executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written
representation, promise, warranty or understanding made by any of the Parties or their
representatives with regard to the subject matter, basis,or effect of this Agreement.
IN WITNESS WHEREOF, the MDG and the County have executed this Agreement,
which consists of G pages, on the dates set forth below next to their respective signatures
and as sworn to and acknowledged by and through its duly authorized representative.
Signed, sealed and delivered
in the presence of:.
MDG/CAP •�/%ORPORATION
ZL By: ,tiL 1�l ill
Willi: L. Klohn,President
7:=s
P r t-• Name of Witness
\ �I
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned notary public, personally appeared William L. Klohn as
President of MDG CAPITAL CORPORATION who is personally known to me or who
produced as identification, and acknowledged that(s)he
executed the same on behalf of MDG Capital CORPORATION and that he was duly authorized
to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Ord MICHAELA J.BLANCHARD
NOTAR PUBLIC, ATE OF FLO
MY COMMISSION#DD760009 1
EXPIRES May 12,2012 • 3 I ckAn l hu r
(407) 98 0157 Flondallotary8errice.com (Print Name)
y ommission Expires:
16B10
(SEAL)
ATTEST: • • BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
• -7/1.
By:
as b 61�&" ''Y,CL RK FRED W. COYLE, CH MAN
ilipatrr't On,• ,
Approval fork form and legal Sufficiency:
Jennifer B. White
Assistant County Attorney
1 0-TRP-00080/2
• BID
EXHIBIT
A
determined by the Collier County Transportation Services Division for infrastructure
improvements.
K. The developer shall construct the Carson Road extension south of Lake Trafford Road to
Immokalee Drive and shall also construct Immokalee Drive within the westerly 450-feet
which is currently unpaved. The roadways will be two-laned, rural design, asphalt, paved
and 24-feet wide for Carson Road and 20 feet wide for Immokalee Drive.
L. The developer shall construct improvements to the intersection of Lake Trafford Road
and Carson Road to consist of the following:
1 Dedicated left turn lanes for eastbound and westbound Lake Trafford Road.
2. Dedicated left turn lanes for southbound Carson Road.
3. Modify signalization for left turn movements only if and at such time warranted
by future traffic conditions.
M. The developer shall construct improvements to Lake Trafford Road from Carson Road to
S.R. 29 to improve safety conditions. Such improvements will consist of repairs to
pavement edges and construction of newly stabilized and paved shoulders up to five feet
wide or as conditions allow.
N. the developer shall pay for modifications to signalization to optimize capacity at the
intersection of S.R. 29 and Lake Trafford Road.
O. The developer shall construct improvements to the intersection of S.R. 29 and Immokalee
Drive to consist of the following:
I. Dedicated right turn lanes for eastbound Immokalee Drive.
2. New signalization to provide protected left turn movements on S.R. 29.
P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be
constructed as part of the first phase of development. Improvements described in
Paragraphs 8.5 M, 8.5 N, and 8.5 0 shall be constructed as part of whichever phase
results in exceeding 50 percent of project development based upon the number of
residential dwelling units.
Q. All conditions and improvements described in Paragraph 5.5 J through 8.5 0 inclusive
may be considered eligible for road impact fee credits. Credits will be considered only if
or when the Road Impact Fee 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 Management 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 Commissioners.
20
I:: MD Documents\ARROWHEAD2PUD.doe 7/29/2002
16B f�
•
EXHIBIT
lB
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND SECTION 5, TOWNSHIP 47
SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SECTION 31, MARKED BY AN IRON ROD 5.38
FEET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD ROAD; THENCE S.O111'04"E., ALONG THE EAST LINE OF SAID
SECTION 31, A DISTANCE OF 34.62 FEET TO THE POINT OF E,Call INp
A POINT ON THE ARC OF A CURVE
SOUTHERLY RIGHT-OF-WAY OF LAKE TRAFFORD ROAD FROM WHICH THE RADIUS POINT LIES N 00'36'38'E OF THE
DISTANCE OF 11499.20 FEET; THENCE CONTINUE S.0111'O4"E., ALONG SAID EAST LINE OF SECTION 31, A DISTANCE OF
2626.06 FEET TO THE CORNER COMMON TO SECTIONS 31 AND 32, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
SECTIONS 5 AND 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST; THENCE S.00'44'14"E., ALONG THE EAST LINE OF
AFOREMENTIONED SECTION 6, A DISTANCE OF 30.00 FEET; THENCE S.88'53'58"W„ A DISTANCE OF 100.00 FEET;
THENCE 5.00'44'14"E., ALONG A LINE 100 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF
AFOREMENTIONED SECTION 6, A DISTANCE OF 1192.18 FEET; THENCE 5.89'15'46"W„ A DISTANCE OF 1660.14 FEET;
THENCE N.54'44'53"W., A DISTANCE OF 626.03 FEET; THENCE N,43'02'51"w„ A DISTANCE OF 1245.23 FEET; THENCE
N.01'30'27"W., A DISTANCE OF 570,20 FEET; THENCE N.75'33'21"W„ A DISTANCE OF 681.54 FEET; THENCE N.86' •
52'40"W., A DISTANCE OF 550.82 FEET; THENCE N.16'09'26"E., A DISTANCE OF 557.00 FEET; THENCE N,00'55'06"W;,
A DISTANCE OF 1427,65 FEET (1428.07 FEET CALCULATED) TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE
TRAFFORD ROAD; THENCE 5.87'58'12"E„ ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 3861.86 FEET TO THE P.C. OF
A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND A CENTRAL ANGLE OF 01'25'10`; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 284.88 FEET TO THE EQI!LI�F
ACRES, MORE OR LESS. B rti"'jI`1G; CONTAINING 307.333
NOTES:
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA, AS BEING S.01'I1'04"E.
ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR.
•
PROPERTY DESCRIPTION WAS PROVIDED BY CLIENT.
•
THE PROPERTY DESCRIPTION, AS PROVIDED, DOES NOT CLOSE MATHEMATICALLY BY APPROXIMATELY 0.42 FEET NORTH
AND SOUTH. THE PROPERTY BOUNDARY HAS BEEN ADJUSTED ALONG ITS MOST NORTHWESTERLY COURSE, AS SHOWN
HEREON, TO ACHIEVE MATHEMATICAL CLOSURE,
PROPERTY AREA: 307,333 ACRES. MORE OR LESS.
ENVIRONMENTAL CONCERNS, ARCHEOLOGICAL SITES, WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY,
HAVE NOT BEEN LOCATED OR NOTED ON THIS SURVEY.
IMPROVEMENTS EXISTING ON AND ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY.
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
CERTIFIED TO: MDG-CAPITAL PARTNERS, INC.
I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION
ON 1/22/02, I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND
SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER 61G17-6, F.A.C.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY f type;A 1,
THOMAS J. GARRIS P.L.S. #3741
STATE OF FLORIDA
ORAWINQ NO.
BOUNDARY SURVEY ANA¢
pR0.1E("T NO,
10
MEMORANDUM
Date: March 12, 2010
To: Claudine Auclair, Principal Planner
Transportation Planning Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Compliance Agreement between Collier County and MDG
Capital Corporation (Arrowhead PUD)
Enclosed please find one (1) original Compliance Agreements referenced above
(Agenda Item #16BlC), which was adopted by the Board of County
Commissioners on Tuesday, March 12, 2010.
Please forward a fully executed original document to the Minutes
and Records Department to be kept as part of the Board's Official
Record.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosures (1)
C�a C-c. e�C. C4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING
1 6 8 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
LIP
i THE BOARD OF COUNTY COMMISSIONERS tOFFICE eFOR SIGNATURE
document,arc w be lur■turdcd to the Huard Office onh after the I3nard Mb taken action on the item.)
completed nn,slip and„ri in,tl
Complete routing lines#1 through#4 as ROUTING SLIP
gh appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exce.tion of the Chairman's si:nature,draw a line throw_ routin:lines#1 throu: #4,complete the checklist,and forward to Ian Mitchell line#5.
Route to Addressee(s) Office
(List in routin_• order) Initials Date
1.
2.
3.
4. Jennifer White, Assistant County County Attorney's Office ^ �
Attorney -- V -g !I (0
5. Ian Mitchell, Executive Manager Board of County Commissioners f 1(0 6. Minutes and Records Clerk of Court's Office 3�r
(The primary contact is the holder of the original document CONTACT INFORMATION
summary.Primary pending BCC approval.Normally the primary contact is the person who created/prepared
ary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing tve
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to
item.)
Name of Primary Staff Claudine Auclair approve the
Contact Phone Number 252-5887
Agenda Date Item was 3/9/2010 Agenda Item Number 16 B 10
A.'roved b the BCC
Type of Document Compliance Agreement
Attached Number of Original l
Documents Attached
III Initial the Yes column or mark"N/A'INSTRUCTIONS
in the Not p plic b S & CHECKLIST
h the eST
a.I ro.riate. Yes N/A(Not
1. Original document has been signed/initialed for legal sufficiency.(All documents to be (Initial A .licable
signed by the Chairman, with the exception of most letters,must be reviewed and signed III
by the Office of the County Attorney.This includes signature pages from ordinances, .-f4
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
IIIOffice 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, 1
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re.wired. — -6 I
I
In most cases(some contracts are an exception),the original document and this routing slip W
should be provided to Sue Filson 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 BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 34-2010(enter date)and all changes
made during the meeting have been incorporated in the attached document.The
Count Attorne 's Office has reviewed the chan_es,if a I 'licable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 126.05,Revised 2.24.05
PL e As _ le l OI L) m C L.4 t/l)1, F AU 4 1-'41;I
16810
AuclairClaudine
From: _ AuclairClaudine
Sent: Thursday, April 08, 2010 9:08 AM
To: 'martha.vergara @collierclerk.com'
Cc: beard_I; GreeneMichael
Subject: Compliance Agreement Recording Fees
Good Martha:
Just to let you know that I'm sending to you the document for recording. The account string is as follows:
313-163673-649030-69124.1
Can you please send us a copy via email when it's recorded? Thanks for your help.
Claudine Auclair
Principal Planner
2800 North Horseshoe Drive
Naples, FL 34104
Tel: (239)252-5887
1
INSTR 4417727 OR 4556 PG 1796
RECORDED 4/14/2010 4 04 PM PAGES 6
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC$52 50
COMPLIANCE AGREEMENT 16 8 I 0
+h
This Compliance Agreement ("Agreement") is entered into and made on this 9 day of
, 2010, by and between Collier County (the "County") and MDG Capital Corporation,
("Developer") (hereinafter referred to collectively as "the 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 Paragraph M.
RECITALS
WHEREAS, Ordinance No. 02-40, as amended, requires that certain Transportation
Commitments be completed no 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 a three year extension of the deadline will not
negatively affect the health, safety and welfare of the residents of Collier County.
WHEREAS, the Parties desire to reduce their agreement to this writing so that it will be
binding upon the MDG and the County and their respective predecessors, successors, heirs,
assigns, spouses, employees, former employees, elected officials, former elected officials,
officers, agents, representatives, attorneys, insurers, sureties, and affiliates.
NOW THEREFORE, in consideration of the mutual covenants and promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
the MDG and the County, the MDG and the County hereby agree to the following:
1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to
as "Whereas clauses,"by reference into the terms of this Agreement.
2. The 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. Ordinance
provisions are attached as Exhibit A, hereto.
3. In exchange, Developer agrees that it will concurrently apply for a Right-of-Way permit
from the County when an application is made for a Development Order as defined by the Land
Development Code in the existance at the time of application for real property described in
16gr
Ordinance No. 02-40, as amended, Paragraph L. Property Description is attached as Exhibit B,
hereto.
4. Developer also agrees that it will contribute $30,000 to Collier Area Transit no later than
(90) days from the date it applies for a Right-of-Way as more fully described in Paragraph 3 of
this Agreement.
5. Developer agrees that the County will not issue any Development Order until the Right-
of-Way permit is issued and that no certificate of occupancy and/or completion will be granted
on any Development Order until the outstanding transportation commitments have been
completed.
6. This Agreement is freely and voluntarily executed by County and MDG subsequent to
their being apprised of all relevant information concerning this Agreement and upon advice of
their respective counsels.
7. If any court finds any part of this Agreement invalid or unenforceable, such invalidity or
unenforceability shall not affect the other parts 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
continue to be affected. To that end,this Agreement is declared severable.
8. This Agreement shall not be construed as a basis for either granting or assuring or
indicating, or denying, refusing to grant or preventing any future grant of land use zoning
approvals, permissions, variances, special exceptions or any other rights with respect to the real
property in the approved uses area.
9. This Agreement and the provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida, all then applicable provisions of the
Florida Administrative Code, and the then current Collier County Reclaimed Water Ordinance,
Collier County Water-Sewer District Irrigation 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 of MDG.
11. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements
and understandings and that it constitutes the entire agreement between Respondent MDG 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.
168 10
12. The Parties acknowledge and assume the risk that facts, additional and different or
contrary to the facts which they believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the Parties agree that any such additional, different or contrary
facts shall in no way limit, waive,affect or alter this Agreement.
13. Except as expressly provided for herein, the Parties represent and warrant that in
executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written
representation, promise, warranty or understanding made by any of the Parties or their
representatives with regard to the subject matter,basis,or effect of this Agreement.
IN WITNESS WHEREOF, the MDG and the County have executed this Agreement,
which consists of_-a_. pages, on the dates set forth below next to their respective signatures
and as sworn to and acknowledged by and through its duly authorized representative.
Signed, sealed and delivered
in the presence of:
MDG AP?. � v ORPORATION
By:
-7 a/
Wil ': _= L.Klohn,President
• ,I. Name of Witness
bpi
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned notary public, personally appeared William L. Klohn as
President of MDG CAPITAL CORPORATION who is lnally known to me or who
produced as identification,and acknowledged that(s)he
executed the same on behalf of MDG Capital CORPORATION and that he was duly authorized
to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
MICHAELA J. BLANCHARD NOTARY PUBLIC ATE OF FLO
n*. •*c MY COMMISSION#130760009
z. EXPIRES May 12,2012 r l c✓v\U.0
(407 398-0153 FbridaNaarys.rvlcs.00m (Print Name)
y ommrssron xpires:
168 l
(SEAL)
ATTEST:, - 'r.r BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRO'CK, CLERK OF COLLIER COUNTY, FLORIDA
, ��'.>�• By
.Ass Ali "` YSC'L RK FRED W. COYLE, CH AN
Opsetvm oR • v‘`
Approval fohf1irm and legal Sufficiency:
Jennifer B. White
Assistant County Attorney
10-TRP-0008012
EXHIBIT
1\
determined by the Collier County Transportation Services Division for infrastructure
improvements.
K. The developer shall construct the Carson Road extension south of Lake Trafford Road to
Immokalee Drive and shall also construct Immokalee Drive within the westerly 450-feet
which is currently unpaved. The roadways will be two-laned, rural design, asphalt, paved
and 24-feet wide for Carson Road and 20 feet wide for Immokalee Drive.
L. The developer shall construct improvements to the intersection of Lake Trafford Road
and Carson Road to consist of the following:
1. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road.
2. Dedicated left turn lanes for southbound Carson Road.
3. Modify signalization for left turn movements only if and at such time warranted
by future traffic conditions.
M. The developer shall construct improvements to Lake Trafford Road from Carson Road to
S.R. 29 to improve safety conditions. Such improvements will consist of repairs to
pavement edges and construction of newly stabilized and paved shoulders up to five feet
wide or as conditions allow.
N. the developer shall pay for modifications to signalization to optimize capacity at the
intersection of S.R. 29 and Lake Trafford Road.
O. The developer shall construct improvements to the intersection of S.R. 29 and Immokalee
Drive to consist of the following:
1. Dedicated right turn lanes for eastbound Immokalee Drive.
2. New signalization to provide protected left turn movements on S.R. 29.
P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be
constructed as part of the first phase of development. Improvements described in
Paragraphs 8.5 M, 8.5 N, and 8.5 0 shall be constructed as part of whichever phase
results in exceeding 50 percent of project development based upon the number of
residential dwelling units.
Q. All conditions and improvements described in Paragraph 5.5 J through 8.5 0 inclusive
may be considered eligible for road impact fee credits. Credits will be considered only if
or when the Road Impact Fee 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 Management 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 Commissioners.
20
FaPUD DOCUments\ARROW}IEAD2PUD.doc 7/29/2002
16B °
E
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH. RANGE 29 EAST, AND SECTION 5, TOWNSHIP 47
SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF' THE SOUTH HALF OF SAID SECTION 31, MARKED BY AN IRON ROD 5.38
FEET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD ROAD;
SECTION 31, A DISTANCE OF 34.62 FEET TO THE POINT OF THENCE,••
THENCE S.01'11'04"E., ALONG THE EAST CURVE E OF' SAID
SOUTHERLY RIGHT-OF-WAY OF LAKE TRAFFORD ROAD FROM WHICH THE RADIUS POINT LIES N.00'36'38"E., A
A POINT ON THE ARC OF A CUR OF THE
DISTANCE OF 11499.20 FEET; THENCE CONTINUE 5.0111'04"E., ALONG SAID EAST LINE OF SECTION 31. A DISTANCE OF
2626.06 FEET TO THE CORNER COMMON TO SECTIONS 31 AND 32, TOWNSHIP 46 SOUTH,
SECTIONS 5 AND 8, TOWNSHIP 47 SOUTH, RANGE 29 EAST; THENCE 5.00'44'14"E., ALONG THE EAST LINE OF
AFOREMENTIONED SECTION 6, A DISTANCE OF 30.00 FEET; THENCE S.88'53'58-W., D STANCE OF 100.00 AND
FEET;
THENCE 5.00'44'14"E., ALONG A LINE 100 FEET WEST OF AND PARALLEL WTH THE EASTERLY LINE OF
AFOREMENTIONED SECTION 6, A DISTANCE OF 1182.18 FEET: THENCE S.8915'46"W, A DISTANCE OF 1660,14 FEET;
THENCE N.54'44'53"W., A DISTANCE OF 626.03 FEET; THENCE N.431)2'S1"W, A DISTANCE OF 1245,23 FEET;
N.0110.27-W., A DISTANCE OF 570.20 FEET; THENCE N.75'33'21-W., A DISTANCE OF 681.54 FEET; THENCE 52'40"W, A DISTANCE OF 550.82 FEET; THENCE N.16'09'26"E., A DISTANCE OF 557.00 FEET; THENCE 06 W
A DISTANCE OF 1427.65 FEET (1428.07 FEET CALCULATED) TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE 6'
TRAFFORD ROAD; THENCE 5.87'58'12"E., ALONG SAID RIGHT-OF- THENCE N,QO'S5'O6'W.,
A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND WAY� A DISTANCE OF 3861.86 5 FEET E THE P.C. L
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 284.88 FEET TO THE POINT OF R�r OF.��� 5'10";
ACRES, MORE OR LESS. THENCE EASTERLY,
CONTAINING 307.333
NOTES:
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE
EAST, COLLIER COUNTY, FLORIDA, AS BEING 5.01'11'04"E.
ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR. 29
PROPERTY DESCRIPTION WAS PROVIDED BY CLIENT.
THE PROPERTY DESCRIPTION, AS PROVIDED. DOES NOT CLOSE MATHEMATICALLY BY APPROXIMATELY 0.42 FEET
AND SOUTH. THE PROPERTY BOUNDARY HAS BEEN ADJUSTED ALONG ITS MOST NORTHWESTERLY COURSE, AS SHOWN TO ACHIEVE MATHEMATICAL CLOSURE. NORTH
PROPERTY AREA: 307.333 ACRES, MORE OR LESS. OWN
ENVIRONMENTAL CONCERNS, ARCHEOLOGICAL SITES, WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF
HAVE NOT BEEN LOCATED OR NOTED ON THIS SURVEY.
IMPROVEMENTS EXISTING ON AND ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY. ANY,
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR MAPPER.
CERTIFIED TO: MUG-CAPITAL PARTNERS. INC. URVEYOR
I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION 1/22/02• I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND IN THE STATE OF FLORIDA PURSUANT TO CHAPTER 61G17-6, F.A.C. EC11ON
HOLE MONIES, INC. D
CERTIFICATION OF AUTHORIZATION LB #1772
�^I
BY . 1 r
THOMAS J. GARRIS P.I.S. #3741
STATE OF FLORIDA
ORAWING NO.
A
BOUNDARY SUR -"
PROJECT NO: