Loading...
Agenda 03/26/2019 Item #16F 203/26/2019 EXECUTIVE SUMMARY Recommendation to approve an Amendment to Agreement with GC II, LLC to provide for the extension of the option closing deadline for the 2.5 +/- acres that would increase the base footprint of the future Sports Complex. OBJECTIVE: To extend the option closing deadline. CONSIDERATIONS: On December 12, 2017, Agenda Item I IF, the Board approved an Agreement for Sale and Purchase (Agreement) that authorized the acquisition of a parcel of land identified as Parcel A comprising 61 +/- acres and the lease/option parcel of land identified as Parcel B comprising of 5.69 +/- acres. Parcel A was closed on May 4, 2018 and 4.83 acres of Parcel B closed on March 5, 2019. Section 15.01 of the Agreement provided that Seller and Purchaser agreed that the base footprint of the Sports Complex could vary by plus or minus 2.5 acres. For a period of one (1) year after closing, Purchaser may, based on its final design plans, request an adjustment no greater than 2.5 acres. Purchaser and Seller desire to extend the period for exercise of the option and closing allowed by Section 15.01. To that end, an Amendment to Section 15.01 of the Agreement is proposed to extend the time Purchaser may acquire the 2.5 -acre parcel to October 11, 2019. The purchase price is $200,000 per acre, which equals Five Hundred Thousand Dollars ($500,000). Seller may further extend the closing to January 10, 2020 by written notice to the Purchaser on or before September 20, 2019. The additional 2.5 -acre parcel is described in Exhibit "1" to the attached proposed Amendment to Agreement. Seller and Purchaser shall continue to explore the possibility of a joint parking project on the 2.5 -acre parcel. If such proves productive, then a further amendment embodying the terms and containing such representations, warranties, covenants and conditions would be presented to the Board for approval. The Amendment to Agreement has been reviewed and approved by counsel for both parties. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. FISCAL IMPACT: There is no fiscal impact at this time. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board action. --JAB RECOMMENDATION: To approve the Amendment to Agreement and authorize the Chairman to execute the Amendment to Agreement. PREPARED BY: Toni A. Mott, Manager, Facilities Management Division ATTACHMENT(S) 1. City Gate Agreement (PDF) 16. F.2 Packet Pg. 1091 16.17.2 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.2 Doe ID: 8360 Item Summary: Recommendation to approve an Amendment to Agreement with GC II, LLC to provide for the extension of the option closing deadline for the 2.5 +/- acres that would increase the base footprint of the future Sports Complex. Meeting Date: 03/26/2019 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 03/18/2019 3:58 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 03/18/2019 3:58 PM Approved By: Review: Public Utilities Department Public Utilities Department Facilities Management County Attorney's Office Office of Management and Budget County Attorney's Office Budget and Management Office Office of Management and Budget County Manager's Office Board of County Commissioners Dan Rodriguez Additional Reviewer Dan Rodriguez Additional Reviewer Damon Grant Director - Facilities Jennifer Belpedio Level 2 Attorney of Record Review Laura Wells Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Susan Usher Additional Reviewer Leo E. Ochs Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 03/18/2019 4:34 PM Completed 03/18/2019 4:35 PM Completed 03/19/2019 10:11 AM Completed 03/19/2019 10:48 AM Completed 03/19/2019 10:58 AM Completed 03/19/2019 1:16 PM Completed 03/20/2019 10:01 AM Completed 03/20/2019 10:17 AM Completed 03/20/2019 12:21 PM 03/26/2019 9:00 AM Packet Pg. 1092 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is entered into this day of March, 2019, by and between. CG II, LLC, a Florida limited liability company, (hereinafter referred to as "Seller"), whose mailing address is 121 S. Main Street, Suite 500, Akron, OH 44308, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "County" or "Purchaser"). WITNESSETH WHEREAS, the Seller and County have previously entered into an Agreement for Sale and Purchase ("Agreement") dated December 12, 2017 for a certain parcel of land ("Parcel A") and the lease/option of a certain parcel of land ("Parcel B"); and WHEREAS, on May 4, 2018, the County's purchase of Parcel A was closed. WHEREAS, on March 5th, 2019, the County's purchase of a 4.83 -acre portion of Parcel B was closed. WHEREAS, Section 15.01 of the Agreement, which was to survive closing, provided that Seller and Purchaser agreed "that the entire Sports Complex Properties are a base footprint and may vary by plus or minus ("+ or —") 2.5 acres. For a period of one (1) year after closing, Purchaser may, based on its final design plans, request an adjustment no greater than plus or minus ("+ or —") 2.5 acres. Purchaser will be responsible for all costs of modifying the Plat or Re -Plat and will receive a commensurate refund for any reduction in land or shall pay the commensurate price for any additional land". WHEREAS, the Purchaser and the Seller are desirous of amending Section 15.01 of said Agreement to refine said provision and extend the time for Closing of the transaction to and including October 11, 2019. NOW THEREFORE, in consideration of the mutual covenants and obligations provided within the Agreement, and other valuable consideration, Section 15.01 is hereby amended in its entirety to: Seller and Purchaser agree that the Purchaser may acquire the 2.5 -acre parcel as described in Exhibit "A" ("2.5 Acre Property") for $200,000 per acre, equal to Five Hundred Thousand Dollars ($500,000.00), to incorporate the Property into the Collier County Sports Complex and Event Center. Page Y of 3 RBR — 3/05/2019 16.F.2.a Q� ] Packet Pg. 1093 Closing shall occur on October 11, 2019. Prior to Closing, Seller shall complete a Re -Plat through the Collier County Growth Management Division which will establish the boundaries of the Property as set forth in Exhibit "I". At Closing, Purchaser will reimburse Seller for all costs of the Re -Plat. Seller may extend Closing to January 10, 2020 by written notice to the Purchaser on or before September 2W', 2019. Seller and Purchaser will continue to explore the possibility of a joint parking project on the 2.5 Acre Property. If such proves productive, then a further Amendment embodying the terms and containing such representations, warranties, covenants and conditions as shall be agreed between Seller and Purchaser, would need to be executed. Except as expressly amended herein the said Agreement between the Purchaser and County remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the Purchaser and County have hereto executed this Amendment the day and year first above written. DATED: ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney �°� N 45\� Page 2 of 3 RBR — 3/05/2019 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman 16.F.2.a 0Packet Pg. 1094 AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) Page 3 of 3 RBR — 3/05/2019 CG II, LLC, a Florida limited liability company BY: Joseph R. Weber, Vice President 16.F.2.a Q Packet Pg. 1095 DESCRIPTION A PARCEL OF LAND LYING IN A PORTION OF LOT 23 AND TRACT R-3, CITY GATE COMMERCE PARK PHASE THREE SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLL.ER COUNTY, FLORIDA A PARCEL OF LAND LYING IN A PORTION OF LOT 23 AND TRACT R-3, CITY GATE COMMERCE PARK PHASE THREE, AS RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE AFOREMENTIONED LOT 23, THENCE S.00'46'37"E. ALONG THE EAST LINE OF SAID LOT 23, A DISTANCE OF 703.30 FEET TO AN INTERSECTION WITH THE EAST PROLONGATION OF THE SOUTH LINE OF SAID LOT 23; THENCE S.89'00'01"W. ALONG SAID EAST PROLONGATION AND SAID SOUTH LINE: OF LOT 23, A DISTANCE OF 154.73 FEET; THENCE N.00'46'37"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 703.89 FEEL TO AN INTERSECTION WITH THE NORTH LINE OF SAID LOT 23; THENCE N.89'13'05"E. ALONG SAID NOR1H LINE, A DISTANCE OF 154.73 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 108,867 SQUARE FEET OR 2.50 ACRES, MORE OR LESS. TRACT RL PARCEL No. 26095004189 CG d LLC N89'13'05"E 154.73' N. :i,W, 0f (0, 23 50' D£ 0 LOT 27 z r� Lq C7 U 50' DE 0 (ORB 5505, rG 3922) 10' PUE LOT 2.1 I PARCEL No. 26095004723 •- CC -_ CITY GATE-Offh'VARD Sob- F ch c CT -- PARCEL No 26095004163 CG. 11 LLC TRACT R-3 .. PROLONGATION OF S. LINE OF LOT 23 - dam' a m F P. 0. B. Il N, !HFAST CORNFR OF 107 23, CIN GAT COMMERCE CENTER PhAS£ THREE (P6 63, PG 84) F116LIC RECORDS Of COLLIER COUNTY, FLORIDA L/N!- OF LOT 23 - 2.5" -50' DE & A£ LOT 2B PARCEL No. 26095004646 M COLLIER COUNTY O v cv (ORO 550.5, PG 3925) Imo` ? ti LIJ L'� O Maw 0W O $ I 0 LOT 27 z ,I PARCEL No. 16095004820 I COLLAR COUNTY 50' DE (ORB 5505, rG 3922) 10' PUE I _ •- . - A PORTION OF TRACT R 3 -_ CITY GATE-Offh'VARD Sob- _ CT -- PARCEL No 26095004163 CG. 11 LLC TRACT R-3 .. PROLONGATION OF S. LINE OF LOT 23 - - i — — -: S. UNE OF LOT 23 N89°00'01"E 154.73' a I LOT 26 IOT 25 I PARCEL No. 260950048C4 a PARCEL No. 26095004781 COLLIER COUNTY CG 11 LLC I (ORB .5505, PG 3919) NOTES 1. THIS IS NOT A BOUNDARY SURVEY, NOR 'S IT INTENDED TO BE USED AS ONE. 2, COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN v FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM y OF 1983 (NAD83), 2011 ADJUSTMENT. i 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF LOT 23, PLAT OF CITY GATE COMMERCE CENTER PHASE THREE, WHEREIN SAID EAST LINE BEARS S.00'46'37"E. 4. PARCEL CONTAINS 108,867 SQUARE FEET OR 2.50 ACRES, MORE OR LESS. 0 5. P.O.B. = POINT OF BEGINNING 6. ORB = OFFICIAL RECORDS BOOK 7. PB PLAT BOOK 8. PG = PAGE i 9. PUE = PUBLIC UTILITY EASEMENT 0 10. DE = DRAINAGE EASEMENT 11. AE = ACCESS EASEMENT 12. SQ. FT./AC. = SQUARE FEET/.ACRES • JOHNSON ENGINEERING, INC. 2350 STANFORC COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 E N G I N E E R I N G EFA343661 x:#6429&3L.8- (642 EXHIBIT Pageot 0 75. 150 300 (INTENDED DISPLAY SCALE: 1 "=300') NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J--17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. Barry E. Syre ux<:zn ao �.n 15 5V0 oa'oo' BARRY E. SYRF_N (FOR THE FIRM L.B. 642) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5365 DATE SIGNED: O /20I9 03i NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SKETCH AND DESCRIPTION A PARCEL OF LAND SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 03-11-19 1 2018'.328 I 35-49-26 I I"=100' 1 1 OF 1 Packet Pg. 1096