The URL can be used to link to this page

Agenda 12/01/2009 Item #10E Agenda Item No. 10E December 1, 2009 Page 1 of 35 ~._, EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation for the Board of County Commissioners (BCC) to approve a Developers Contribution Agreement (DCA) between Citygate Development, LLC, and CG II, LLC (Developer) and Collier County (County) to define transportation commitments, enhance access and preserve the futnre Wilson/Benfield transportation corridor. OBJECTIVE: To obtain BCC approval of a DCA that defines transportation commitments, enhances access and preserves the Wilson/Benfield transportation corridor consistent with the County's Long Range Transportation Plan. - CONSIDERATIONS: The City Gate Commerce Park DRI/PUD (Citygate) was adopted on December 13, 1988 through Development Order No. 88-2. The Development Order was subsequently amended through Ordinance No. 88-93. The County issued a Vested Rights Determination for Citygate on November 18, 2005. While Citygate is considered a vested DRI/PUD, the Development Order defines specific transportation improvements that must be in place and levels of service that must be maintained in order for the development to proceed. These commitments were defined over 20 years ago; and due to the passage of time and changing conditions, the interpretation and application of these eomrnitrnents vary significantly from existing conditions and current requirements. Subsequently, the County and the Developer agree that it is in the best interests of both parties to work together based on current conditions to improve the transportation network that serves both Citygate and the traveling publie. The County is proceeding with the design, permitting and construction of transportation improvements to Collier Boulevard and Davis Boulevard. These improvernents specifical1y include modifications to the Citygate development access points and 'ldditional capacity to Collier Boulevard and Davis Boulevard. On October 27, 2009, the BCC approved the Wilson/Benfield corridor study report that identified City Gate Boulevard North as a critical connection point for this future roadway. The BCC directed staff to work with adj acent land owners to manage the corridor and preserve the integrity of this critical future facility. This connection point ha~ been coordinated with and is supported by the Developer. It serves the mutual interest of the Developer and the County by providing an alternative roadway that can avoid additional impacts to Collier Boulevard within the vicinity of 1-75. The DCA avoids the condemnation of right of way and significant reconstruction eosts that would be required to expand City Gate Boulevard North in the future. The attached agreement documents the Developer's compliance with commitments identified in the Development Order, complies with BCC direction to manage the future corridor and memorializes the cooperation by the parties in the following areas: ,,- . In lieu of proportionate share payments estimated at approximately $2,000,000 for Davis Boulevard and Col1ier Boulevard, the Developer has agreed to participate in the County's COA program and provide five annual impact fee payments of $1,173,640.52 to the County totaling $5,868,202.60. ~'"<.,,'-..'~. ."', ,'" ,'-,.,,/. ,-.".-.-- .,."._,,--- Agenda Item NO.1 OE December 1, 2009 Page 2 of 35 -'-. . The Developer wil1 pay the County the sum of $350,000 for their fair share of improvements at the intersection of CR-95l with City Gate Drive and City Gate Boulevard North. . County wil1 grant impact fee credits in the amount of $575,028.49 for additional right of way, upgraded pavement markings and expanded construction necessary to accommodate public traffic on Phase One and Phase Two Plat roadways. ($180,000, $20,988.96 and $374,039.53 respectively) · The Developer will repave and reconstruct sections of the Phase One Plat in order to accommodate both Citygate traffic and through public traffic. All roadways within Citygate shall be open to the public. The Developer will maintain all of the lighting and landscaping in perpetuity while the County wil1 accept rnaintenance only on portions of the roadways that provide a public benefit and through traffic. FISCAL IMPACT: This agreement collects $5,868,202.60 in impact fees and $350,000 in fair share intersection improvements and provides $575,028.49 in impact fee credits. A budget amendrnent is needed to recognize the $350,000 and inerease project #60092. Additionally, it eliminates the future costs needed for the condemnation and the reconstruction of City Gate Boulevard North. ~ GROWTH MANAGEMENT IMPACT: This Developer Contribution Agreement and associated roadway improvements are consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12,2006. LEGAL CONSIDERATIONS: The attached agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency.-JAK . RECOMMENDA TION: That the Board of County Commissioners approves the DCA and necessary budget amendment and authorizes the Chairman to execute the Agreement on behalf of the County. Prepared By: Nick Casalanguida, Transportation Planning Director Attachments: I) DCA; 2) DCA Exhibits A through T; 3) Locus Map; 4) Appraisal Memo; 5) Technical Memos; 6) Thermo Marking Estimate .- - --'.'~ -. ,---. ,,-. .'-'. ,._'~'", Agenda Item No. 10E December 1, 2009 Page 3 of 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: WE Recommendation for the Board of County Commissioners (BCC) to approve a Developers Contribution Agreement (DCA) between City Gate Development, LLC, and CG II, LLC (Developer) and Collier County (County) to define transportation commitments, enhance access and preserve the future Wilson/Benfield transportation corridor. Due to the size of the exhibits, they will not be printed, but can be viewed at the Community Development Division. (This is a companion to Items 80 and 8E.) (Norman Feder, Transportation Services Administrator) 12/1/20099:00:00 AM Prep. red By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 10/12t2009 2:39:14 PM - Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 11/12/20093:48 PM Approved By Norm E. Feder, Ale? Administrator - Transportation Date Transportation Division Transportation Administration 11/16t20091:13 PM Approved By Therese Stanley . Manager - Operations Support - Trans Date Transportation Division Transportation Administration 11/16t2009 4:35 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Division Transportation Administration 11/17120095:59 AM Approved By Dale A. Bathen, P.E. Project Manager, Principal Transportation Engineering & Construction Management Date Transportation Division 11t17l200911:13 AM Approved By Paula Fleishman Impact Fee Coordinator Date Community Development & Environmental Services Business Management & Budget Office 11/17/20091:55 PM Approved By - Najeh Ahmad Director - Transportation Engineering Date Transportation Division Transportation Engineering & 11tH/2009 4:28 PM "' '-'~'---~'"~ ..... . ---."-,-. Agenda Item NO.1 OE December 1, 2009 Page 4 of 35 Construction Management Approved By Jeff Klatzkow County Attorney Date 11t19t2009 9:31 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 11/19t20091:22 PM Approved By OMS Coordinator Date County Attorney County Attorney 11t19t20091:3B PM Approved By Susan Usher ManagemenUBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/19/20096:57 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/19t2009 7:04 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 11t20t2009 9:35 AM . () OE - 09 -t -< 35 G) '-', ~ m , , "'(J r )> -t "'(J I )> C/l m C/l 0 "T1 0 m < m r 0 "'(J s: m z -t W_^_ -- ______C._'_, -.-.'.. -"-_.,-,-~~., ._~.._'.._....._--.,_. -....-.... Agenda Item No. 10E December 1, 2009 Page 6 of 35 Memorandum To: Nick Casalanguida, Planning Manager Laurie Beard, Planner From: Harry Henderson, SRA, Review Appraiser TE/CM, Right of Way Date: November 12, 2009 Subject: City Gate IPUD; Unit/Price Valuation for Phase Two Plat lands As per your request, I have investigated the current market value of the City Gate IPUD Phase Two Plat lands upon which a public road is contemplated. The purpose of this value estimate is to assist the County in its negotiations with the property owner concerning the value of impact fee credits associated with the possible developer contribution of lands needed for a proposed public road in this area (approximately .69 acres of land necessary for the expansion of a proposed private road which would be substandard in size for public use). The City Gate Industrial PUD is located on the east side of Collier Boulevard and just north of 1-75 (and the 1-75 Interchange at Collier Blvd). Currently, City Gate consists of two approved plats plus unplatted lands. An FPL transmission corridor-easement . bisects City Gate and is the boundary between the plats. The Phase One Plat lies east of the FPL corridor and has some site infrastructure (roads, utilities) in place. The Phase One lands have zoning which allows for a variety of general commercial development including hotels, gas stations, fast-food restaurants etc; these kinds of land uses have already been built or are in development. The Phase Two plat is aimed at business campus-type light industrial development (general business offices, warehouses, clean assembly operations, R & D facilities and commercial support services, etc). The Phase Two tract is essentially raw land at this point (albeit with PUD entitlement and a conceptual plat/site plan) with no site infrastructure. The additional land needed for the construction of the proposed public roadway has been calculated at .69 acres (30,056 sf). The impact fee credits associated with this size DCA will be based upon the current market value of this land as part of the larger Phase Two Plat parent tract. The Phase Two parent tract appears to have a size of approximately 65 acres. The current value of the Phase Two plat lands are estimated based upon the following market expressions. Note that currently weak market conditions have severely limited the number of recent sales involving lands similar to the subject. Transportation Division TEICM .--' Agenda Item No.1 OE December 1, 2009 1. City Gate Commerce Center Parcels, Phase One (hotel sites) Page 7 of 35 Sale Price: $4,100,000 Sale Date: 10106 Size: 8.61 acres Reflects: $10.93/sf These Phase One lands were purchased in 2006 before the commercial market conditions deteriorated. The lands are currently being developed with national hotel-chain properties. Although located within the City Gate PUD, these lands are strikingly superior to the Phase Two lands due to zoning, visibility and infrastructure status. This sale also took place at a time of vastly superior market conditions. 2. White Lake Industrial Park Lots 2 & 3. Sale Price: $1,320,400 Sale Date: 3/08 Size: 3.19 acres Reflects: $9.50/sf This sale involves the purchase of platted and site improved light industrial land located just south of the subject lands in a competing business park. These lands are vastly superior to the subject with respect to the size factor (all else being equal, smaller sites will tend to sell for more on a unit/price basis when compared to their much larger counterparts...economies of scale), and their entitlement profile (when these sites were purchased the buyer could essential go vertical immediately). 3. Creekside Area Business Park (Naples Daily News site) Sale Price: 23,075,000 Sale Date: 12/06 Size: 45.93 acres Reflects $11.53/sf This is the sale of the site for the new Naples Daily News production facility on the south side of Immokalee Road near Rt 41.. .an obviously vastly superior site in the upscale North Naples area. This sale also took place at a time of superior commercial market conditions. ...."- 4. 3580 Shaw Blvd, Naples Asking Price: $1,477,991 Size: 3.48 acres Reflects: $9.75/sf This is a platted and site improved light industrial site available for sale in the White Lake Industrial Park. This site is superior to the subject with respect to the size factor and entitlement profile. Also note that this is only an asking price; any actual settled price will very likely be well below this level. 5. Hammock Park Commercial PUD Asking Price: $13,500,000 Size: 34 acres Reflects: $9.11/sf Commercial PUD lands located east of Collier Blvd just opposite of Rattlesnake- Hammock Road. This is raw commercial PUD land available for retail-general commercial development. Again, this is only an asking price. Also note that the subject parent tract has a current property assessment which reflects a unit/price of $4.30/sf. It should also be noted that the parent tract was transferred between related entities in December 2008 at a price which reflected a unit/price of $5.25/sf. Given significant differences between the subject and the cited camps, as well as ongoing weakness in this market, a current market unit/price of $6/sf is selected as most reasonable for the subject. Thus- 30,056 sf x $6/sf = $180,000 (rounded) - Transportation Division TE/eM -.--, .-"<-,,,- --~-"'-"-",~.~'"'' - - .'-.,.....-~_._-"'-- -_.."_._--~_._- Agenda Item NO.1 OE December 1, 2009 Page 8 of 35 . Transportation Division TE/CM Agenda Item No. 10E December 1, 2009 Page 9 of 35 ..".', TECHNICAL MEMORANDUM CH2MHILL Developer and Collier County Responsibility Citygate Commerce Park Planned Unit Development City Gate Boulevard North - Phase II Improvements PREPARED FOR: PREPARED BY: COPIES: DATE: Nick Casalanguida, Collier County Planning Director Bill Gramer, P.E., CH2M HILL Transportation Manager Laurie Beard/Collier County Transportation Planner November 10, 2009 ~. OBJECTIVE: The purpose of this memorandurn is to document the Citygate Connnerce Park Planned Unit Development (DEVELOPER) and Collier County (COUNTY) responsibilities with regards to the proposed Phase II - City Gate Boulevard North Roadway lmprovernents currently being designed by Davidson Engineering (DEVELOPER ENGINEER) as part of the DEVELOPER site improvements. The DEVELOPER is responsible to construct approximately 0.5 rniles of a 4-Iane Undivided Facility as part of their site improvements. The COUNTY requested that the DEVLOPER modify the typical roadway section and construct a 0.5 rnile, 4-Lane Divided Facility. The DEVELOPER agreed to the requested modification, with the understanding that the COUNTY would be responsible for the cost differential between the two typical sections. The COUNTY has requested that CH2M HILL . (ENGINEER) evaluate the DEVELOPERS estimated cost differential between the originally planned 4-Lane Undivided Facility and the COUNTY requested 4-Lane Divided Facility. DEVELOPER DOCUMENTATION: As part of their site improvements, the DEVELOPER ENGINEER prepared roadway construction drawings that depicted the geornetry and features of the 4-Lane Undivided Facility. After meeting with the COUNTY and agreeing to the request to provide a 4-Lane Divided Facility, the DEVELOPER directed the DEVELOPER ENGINEER to prepare a set of 4-Lane Divided Facility Plans. These Plans are included as part of this DEVELOPER and COUNTY Agreement (AGREEMENT). -. The DEVELOPER also directed the DEVELOPERS ENGINEER to prepare construction quantities and cost estimates for the: . 4-Lane Undivided Facility . 4-Lane Divided Facility .--.-, ..' -........-- '"'-,--~._._- w__, - ,_.._._---~.._----- Agenda Item NO.1 OE December 1, 2009 Page 10 of 35 The Construction Quantities and Cost Estimates are included as part of this AGREEMENT. The quantities shown are actually quantities measured from the two City Gate Boulevard North Roadway Improvement Designs. The unit costs have been calculated based on recent and historical bid data. CONCLUSION: An parties (COUNTY, ENGINEER, DEVELOPER and DEVELOPERS ENGINEER) have reviewed the following engineering documents associated with this AGREEMENT: . City Gate Boulevard North - Phase II Drawings (Davidson Engineering) . Quantity and Cost Estimate Exhibit (Davidson Engineering) An parties, based on a review of the documents listed above and numerous meetings to discuss the responsibilities associated with the Phase II City Gate Boulevard North Roadway Plans as well as the quantities and cost estimate provided by the DEVELOPERS ENGINEER, have reached an agreement with regards to financial cornpensation. The DEVELOPERS costs associated with the Phase II, 0.50 miles of 4-Lane Undivided Facility within their site has been estimated to be: $836,562.57 The DEVELOPERS costs associated with the Phase II, 0.50 miles of 4-Lane Divided Facility within their site has been estimated to be: $1,210,602.10 As a result, the COUNTY will be responsible for payrnent to the DEVELOPER of an amount not to exceed $374,039.43 . Agenda Item No. 10E December 1, 2009 Page 11 of 35 TECHNICAL MEMORANDUM CH2MHILL .'~'- Developer Responsibility Citygate Commerce Park Planned Unit Development (Collier Boulevard Improvements) PREPARED FOR: PREPARED BY: COPIES: DATE: Nick Casalanguida, Collier County Planning Director Bill Gramer, P.E., CH2M HILL Transportation Manager Laurie Beard/Collier County Transportation Planner September 23, 2009 - OBJECTIVE: The purpose of this memorandum is to document the Citygate Commerce Park Planned Unit Development (DEVELOPER) responsibilitics with regards to the proposed roadway improvements along Collier Boulevard currently being designed by CH2M HILL (ENGINEER) as part of the Collier Boulevard South Extension Project. Collier County (COUNTY) has requested that CH?M HILL evaluate tl1e DEVELOPERS required participation in the construction costs for the Collier Boulevard Widening Project based on their development order. Development Order 88-2 Resolution 88-309 Citygate Commerce Park Planned Unit Development . BACKGROUND: The DEVELOPERS responsibilities with regards to improvements along Collier Boulevard and to the intersection of ColIier BoulevaId with Citygate Drive (Utility Drive) and Citygate Boulevard North are shown in the folIowing excerpt taken from Development Order 88-2 and reads as folIows: 3. Transportation a. The applicant or his successor shall be fully responsible for site-related roadway and intersection improvements required within the Citygate Commerce Park DR!. The applicant shall he required to P<1Y the full cost for an)' site-related intersection improvements (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by Collier county for the project's access intersections onto CR-95l and Landfill Road througbout all phases ofthe development. Collier County and the applicant shall limit the numbcr of access roads from Citygate to, CR-951 in order to preserve capacity on CR-951. a regional roadway. -- --""--''''''-. . ...-,---- - ..,.<.--.........~..,,-,.~, ...-- ._.,._-~----_.. "-_._"-,._.,- Agenda Item NO.1 OE December 1, 2009 Page 12 of 35 Based on Development Order 8&-2, the DEVELOPERS responsibilities along this section of Collier Boulevard (1-75 Northbound Ramps to Main Golden Gate Canal) have been determined to include: A. Northbound Right Turn Lanes (2) for Citygate Drive (Utility Drive) and Citygate Boulevard North Intersections. It was determined that the DEVELOPER is responsible for fifty percent (50%) of the cost for improvements. The COUNTY will assume" initial responsibility" (costs will be assigned to other responsible parties based on their development orders if applicable) for the remaining fifty percent (50%). (Note: Two right turn lanes were previously constructed (and paid for) by the DEVELOPER so the DEVELOPER is entitled to a credit for costs previously incurred. 1bis credit has is shown in the attached Quantity and Cost Estimate Exhibit as: A.l DEVELOPER CREDIT FOR EXISTING RIGHT TURN LANES. B. Northbound and Southbound Left Turn Lanes (4) on Collier Boulevard. It was determined that the DEVELOPER is responsible for twenty-five percent (25%) of the cost for rnedian-left turn lane improvements. TIus would represent fifty percent (50%) of the two (2) Collier Boulevard southbound left turn lanes. One left turn lane into City Gate Drive and one left turn lane into Citygate Boulevard. The COUNTY will assume" initial responsibility" (costs will be assigned to other responsible parties based on their development orders if applicable) for the remaining seventy- five percent (75%). C. Northbound and Southbound Thru Lanes on Collier Boulevard. It was determined that the DEVELOPER is responsible for fifty percent (50%) of the cost for two (2) additiDna1 thru lanes along Collier Boulevard. The COUNTY will assume "initial responsibility" (costs will be assigned to other responsible parties based on their development orders if applicable) for the remaining fifty percent (50%). D. Signal at the Collier BoulevardjCitygate Drive (Utility Drive) lrttersection. It was determined that the DEVELOPER is responsible for twenty-five percent (25%) of the cost for the new signal. The COUl',rI'Y will assurne "initial responsibility" (costs will be assigned to other responsible parties based on their development orders if applicable) for the remaining seventy-five percent (75%). E. Ternporary Signal at the Collier BoulevardjCitygate Drive (Utility Drive) Intersection. This signal will be required when the signal (rnentioned in D.) is relocated to the Collier BoulevardjCitygate Boulevard North Intersection. It was determined that the DEVELOPER is responsible for twenty-five percent (25%) of the cost for the new signal. The COUNTY will assume "irutial responsibility" (costs will be assigned to other responsible parties based on their development orders if applicable) for the remaining seventy-five percent (75%). The required improvements (listed above A-E), have been schematically represented on the attached Exhibit A. The quantities and costs associated with the specific items are shown on the attached Quantity and Cost Estimate Exhibit. The quantities shown are actually quantities measured from the Collier Boulevard South Extension Project. The unit costs have Agenda Item No. 10E December 1, 2009 Page 13 of 35 been calculated based on recent and historical bid data. The DEVELOPER has retained Davidson Engineering (DEVELOPERS ENGINEER) to review their development order and COUNTY evaluation of responsibility. Conclusion: All parties (COUNTY, ENGINEER, DEVELOPER and DEVELOPERS ENGINEER) have reviewed the following documents associated with Citygate Commerce Park Planned Unit Development: . Development Order 88-2, Resolution 88-309 . Collier Boulevard South Extension Construction Plans (CH2M HILL) . Exhibit A - Developer Responsibility (CH2M HILL) . Quantity and Cost Estimate Exhibit (CH2M HILL All parties, based on a review of the documents listed above and numerous meetings to discuss the responsibilities associated with the development order as well as the quantities and cost estimate provided by the ENGINEER. have reached an agreement with regards to financial compensation, The DEVELOPER will be responsible for payment to the COUNTY of an amount equal to $350,000.00 .- . .- - .-... ^"._ . _w__ ._._._,._ -__"___~U__'_ ..~.._. '-'..-._-~ COLLlEr~ BOULEVARD - DEVELOPER COST ESTIMATE - CtTY GATE CHlMHILL-\\ryG9/:fi/09' ---.. - ---- I A. Ri Tum Land - . I , UnitJ'riCI" (- ,L. 24.477.8] $ $ ~,527.U S --- -_._._-_._-------_..~ $ 4.f195.56 $ ; $ 1.3Oi48 $ .N__...____ l_$... 979.11 S $ 195.82 $ --:-S---------25:iWS-- '$ 43(1 $ -+-... is ]5_00 $ $ if.iiU ;-$ -----.------ i$ 89.00:$ is H1.501S Is 2IXl,CICKl.OO:$ __ ___-is. -loo;iiOO_oo'~ '$ L~__.. ,,,,_,},:,~2:~___~. 1$ 16,318.501 $ 'S 16,318.54 $ IwmNo. , 1- Unit I Itl'mlJ<:oo!l(:ripuUD QTY ] :_.!-"~,__h.10!l!lJ?_ATION- ___ _____00_ .., I' L<; PRO\1DECONSTRULII0~SlJRV[YINC At-;Tl L'l.YOl'T" 3----' I i LS MA1"IJTENAc"JCE of'rR.-'J'Flc'" ----- , 4 I 1! l5 Q.EARL~G AND GRUBBING- .-<---~+ 5 ~__ I' IS PROV1DEjMAINTAIN"A5BUILT"PL-\NS " , 1 LS IPR6~'fDEi~t;;;MAiNPR6fEtrSCHEDtiLE 7---1'--- 391 CY, , -.... '-"'---""- 8 : 1522 SY in'PE II STABILlZATlON (LBR.tO) (1:!") 3.522 sy ' . (BA,Sc GROUP OQ) ------ &78 n:r SUPJ::RPAVr:\5PBALTIC CONcm:TEi,TRAFFICn) (1.5") --..," '291 I TN A<;PHAI.T1C(ONCFRICfION COURSE (FC.12.5)fl.5') 2..250 (if CONCREIHomn-,\Nfi GlmER riYrE P) 0,50 i Pl lurILITYRELOC.-\TIONS(b\im<ited) --t '..-.......1"-.---.--'------....-......-..--.-..-.-. -- , 050' PI ,LATIRA.LDRAIN'AGEDITCHSYSTEM)E~timatl:'d) "-j'-'--'I5--+5IGf\'lNG A..\iTI MARKING .-,-,---------- ,-....'"--..-----.-..---.-""...--""'''.... .--.... 1 U; DESIGN COSTS tN.$ign. P~mlll and Coonl I ~< 'm- -.--.---...--- II 12 13 14 15 " , -"-- , , ,.A 0 --+---- -4.1 ", a;:LeftTumLme5'OD ('<JUwrmllc! - ' --', . ,-'-, Agenda Item NO.1 OE December 1 , 2009 Page 14 of 35 -,., -touT'.'- 24A77.81 &.52742 ___""'.m"..._.. 4,89556 UO;48 ---.------"'.-------.-,- 979.11 '''''''''-......-......,.." 195.&2 9]82,13 ....".-.",...-,. 15,143,67 52..82075 ol8,133.97 25.858.69 ---_.,- ~,62!).OO 100,000,00 ------.--.. 50,nOO,0il - 1,00000 16.31854 16.318,54 I j 15 IMOBIUZATlON-- 1 1$ PROVInE COJ\!<,11H1CTION SUR\'FYI!\;(~ 0\1\:11 LA. Y()L"f" --- --.= '" ~ :---- ~ t~!t;fk~~G~~t; ~~['~~~;h~:-- - --~ ~--= -~~ ~-'"-' i ~ L<; .1],Ri:)i)iiiEi)...I~\i~I-.A'iN-;,,-\.,,-Rlfjii- PI.A)\;S . ................ _........_.._....__L__.___.._....._...______.___.___,______________.___ I: LS !I'RO\'lDc' M..\I?\:T.-\L' PROTECT SCHEDULE --.---; 1.331> !-O-:E~IBA~TKiiE1'<"T----__--n_- B ,----- 2,67" r .Sy:mE 1l-?tABIUZ~i..-CR'jN7CijTf.r61-(li'.I--. "-----_._._..._~-<. . 9 2,b73 i SY iBASE. OPTIONAl, (ll!\SE GROUP ll9) ----jo-- _m_'_ ---"'sis'l l'N )SL'PERi'AVl A"iP/-L->"UICC(;;':;;CRlIE (TRAF(IC""j"ij"n,Yi---- _ .-.j ,_..-..----.._-_..._.....__._~----------_._----_._... ----- 11 221! TNiA-Sl'HALTIC COt>-:C FRICTIO~ COl'RSE (I'C-l2.5) (lS") 12 .1.o3tiT-ij-'iCUNCRl:.TI CL;RIl ANi) GD I-I ER m--PF_Fl---.---"'""".--- ------ - -'''13-'' -,- -lv,1sym"Fi\:'rEC,)NCRETE TRAFFIC sEPr,iAj'l1R dj----- ______~_____ _...._..__l-.........."'..."""""...._.__.___..___..._......._c____..._..._..__ ......,."...... --...-- ..,.... 14 , I: Lq ;SICNING A!\:ll M..\J{KlNG '--ir;~'--- l------LSit'jF};U;l\ C(l;T~ n""'g;;;-i:;~r;:'-;;l ano Coord--- "'.--- -< - . -- ..-----. ,.",-- ......-- 11> 1 1.5 ICONSTJ{UCrlCll\'cNGL\;EERlNGIl\'SI'ECT]l)f\:- UnilPrkf. '101:41 $ 12.lltiU7 $ 12.06U7 --- _._.__._--~--_._-"'----_.--- :" \216,17 $ ,U16.3i --.-..------ ---..--..---- $ 2,~IU7 $ 2.41:'.~7 - -- --"",-"".----- --..-----..----.-----.-----.--.--." $ MHi' $ (43.27 - -------.--------- ---_.- 'i olS~.45 $ 482.45 - -----------....-.......--........-..-------..---.-----"" -..--.....-..-......- $ 9(,4-9 $ %4'1 --.-- '$, 25011 $ .3_3.411.35 .-..--..- ... ,,"'.... $ UlJ $ I L493.~() --"..._",,---- $ 13.l11J:$ 40,(l'lH2 - ---.----- ----------.-......--..--.-..-..--.--..-- $ 71.00:$ 36,531.'17 --,-...---- $ R9.(WI!S, 19.625,32 - - -------...-----_...--.."...._."'._""..--~--.......--..._- -".--..-..--- "10.51)!$ lO,RI5_1I0 - ---"------,,._"'---~.__._... '$ 59.00.'li ;,1\47.00 ----------_.._-.....----._---,,---,,~ 5 l.OOO,()(J $ 1.00(1,00 "m_.___________ _..___m.' .. S 1'.040.'11 $ ~1.(\40_91 --- -"- "'..- , S 8,o.tO,91.'1i ~.fI40_91 DEVELOPER COST SUB TOTAL. .'Ii 1\;f),~1231 IlfomNo. I --..- 2 .1 -.---.-."'-".."'---....,,- . "_______n__ 5 \teD. Dr~('ri tion QW Linit ~ , , , - -....-".- - , . B DEVElOPER RE.lJPONSIBllIfY ...------..---. frw u. ...m rut H' .'Ii 20.10L07!.'Ii :\~]1 L'\ '(n\.:1~' :\; 5:itl(I,2~ 1 .'Ii -----------.-.--....... .'Ii 4,020_2115 .. ___.1Jl:~~______. .'Ii l;104_(l4..,'ji ;;; 1liO_Hl Si __...._n._..._ "'___._._~__"'. S, ~_()(\ $ .'Ii 4.:10 $ .'Ii 15_00,$ S 71.0(1; $ -----~---" ,-._----- Si 84.110 $ $ 1,O(llJ,0\) S $ 13,400]] $ $ B.4(}{1.7'1 $ DEVELOPER COST SUB TOTAL $ ~rnpuon QTY Unit I 1 LS 2 I LS PROVIDE CONSTRUCnON Sl.'RVt,YING ~ I I L'i \IAD\.TP.NANCEOfTRAfFlC- ~ ___-+_____ I: LS__~C;LEAR1NG.'\!,!PG.,~.L:BB~G:_________ 5 , I! L.':; )'Rm'IIlE/MAlJ:".TAJ~ "AS BUILT" 1'!-,\;::';'5 U 1 I' 1.05 'l'Ro\lnF/MA!r-."TA1KPROTB..ISCHFntlU "'_..__~_.._..,__~_.__._"____________m____~_________"~'_"... ._______.._..._..___ 7 ! ~.:.4-7. CY HIBANKMENT B ! 5.044: SY WrERSTABIL1ZATJONIUHI40101"l n__.__".__n_ 9 5,039' SY BASE., OPTIONAL (BASECrWUr _~?J. III 970 'iN' Sl'PERf'A VE ASPJ-L--\L-ric -C6NCRETE ITRAFFK PI (],;,"1 ] I 41b~--TN ,A',I'HAl.llC c(JNC FR1CI1('N COVR'iE (FC"f2.5) (1.5") ------..-..-------......--- 1 L'" 51G~L"'G AND :-'lARKL'IG ""l~"'L<;..l)ESIG:\ (()"STIIi~J/,:n. p;:nn'l and Coord I IS :CONSTRt;crIOl\' fu"GL'iEERI;i;.[(; !}.'SP"jiCTIO!\:-' " -,,,------- n 1-1 C DEVELOPERRESPONSIBJUTY o v ("m e",'npljon wf c(' tfDl O. Unit on 17,21il]1 $ 4Y"1_92 $ '\.+13<14 <;; ---..- '!l~UI\ $ ~,t;67<in :I< ,,-.--- 2~ 30 $ -..----- _'~.20 S > $ $ ~...- , , ---.---- $ ----..---".-..--,-----...."..- ; ~ " IS 'MUBILlZAlIUNh L'i -I'RO\;lr)1;C'()~SmuL"n01" SUR\T~'I\'C ::"'\Ti-L->,,'i-i'i'ef':: - LC; ---I~IAfNTEr.;~.;;-!\j(~F. 0-[ TRAFF]C-- -------->-.... _...__._~ 1 L'; !ClEARI'\iG A!':D GRl'BRll\C- ...'" .-j-'--L~---1'RD\'TD1~TqA15,i''!'};:N'')\.~'Rr:TI::r PI _.\KS ,._____.._ ____.. .__n_______ ____...__~_, 2llO L~' _ _1~l!,!'.~II':.:t:{:~1,-_~0!l:E l.6::,1.'C: ]2:')__ IHl LF DlRECTICWAL noRE 112-' T() <:1!I"i (1'&1; , . 1 I I , . , , " - . ..U 20;101.07 5,'<t>O,211 --_....~-".--~._- ~,()~n_21 1,072,1I6 1'U4,(}4 160,81 ....-.--- 1>3.67030 21.902.53 75,57Q57 i1l.f16S.5l\ _'~,996_20 1.0(J0,OO ---------.-- 1.\40lJ71 13,40U.7] _~2b,)3~.13 " ]7,21').71 ~ 591.92 ---.. -".."'. :\<\.13<14- ____ n__...........__ 'nIL\/\ ---...- l;J8S,7'J -.-...------- 4..%0,00 1.S42.00 .~.. ~. - .-.'-.-- 8 9 10 11 12 n " 15 16 17 18 19 ---.----------.-- 20 21 ,_..~ " " 24 --.....--... 25 " Z7 28 " 30 31 32 33 " 35 " 37 38 -------..."'....--- 39 Agenda Item NO.1 OE December 1, 2009 Page 15 of 35 400 I LF CONDUIT (FCRNtSH) 'NDERGROUND $ 1.30 $ 520.00 __ __ ~ ~EAPl_.tW&.~~tJU~~~miBoXES-tJ.~URNl5ii&-iNSTALC)- . ,.-.-".. ----- i : 2'~4:~"^:": ~?~c~q_ _~ _ I: ~,06UIO ---t- -"-"iri-r-~---t~~~~c~~~~~~~fF~~~~~9.~Q2~J.".,,,,".,,-,'" j'$ 707:,OO'f'~' 707.00 i+T~ffi~~~i~~;L~~~&1&fn7:'ri~:~;~~"&Jj%\~ ....r.. od}}~ji--53:::E I ----rtf- EA~MAS1' ARM ASSEMBLY (OBL ARM 07- D6-56) (SPL. DSGN.)( ..-1.$.--...531~.,;;~,::.OOoo-,,,,,,L$.,,,,, -- 5,37~.8,10'-8'.POO"'O-- 16. is''''.'ITRAFFlCSIGNAL FURNl"H&INS"TALL)08ECTIO n~WA --- ,...., 2 AS PEDR~NSTGNAL(FURNI5H&lN.5TALL)(LED)(1-WAY) 5 918.00. $ 1-8.1600 "'...- "'. -."..'" , "'"""'."',, ""''''''''' ""..""''''"",,.. ..-..""'..."''''--..'''''--- -+- I "'..."',."'.."" 4 EA SIGNAlHEADAUXIUARlF.S F&I (BACKPLATFS,3SECi.) i:; 96.00: $ 384,00 - T-- ----+L~..~.~1E'~~~~~,~~-!t~:&B~~~~~~~b ------+':..".""",~~:~.H-.=~.. '''1:::~ 53 EA SIGNAL HEAD AUXILIARIES NNEL VlSORS '& i $ 2.21} , $ 116,60 -+--. ,--....."'''',--- 2 FA SIGNAUffiADAUXn.lARIES ALU!\UNUMPEDESTAl om.EAKAWAY.F&1) 1$ 893.50 $ 1,787.00 4 EA VEHICLE I?1ITRg'OR_~(j$~~Jf_ &, IHO~'.~~i\_LI)1'r:L___ . J._~_ _ _ _ __~~Qfl.l.K.I__$_ 3},~o.!:l 2 E.... PEDESTRIAN DETECTOR & (POLE MOUNTED I $ 125.0a:; 250.00 , - 1 A.'l A(.TUATEDSOLID Sl'ATECONfR/F&I)(NEMA}(SINGLE PRE) 1$ 24,500.011: $ 2'1.50MIl : " '~~ '=-~~'~'~~~_:~:~~~..~~~~~~~~;~o=~:~Q~'{~~ij -'II: 2.::~~ f 4:'~~ 1 EA UJ\.1NTERRUPT1BLE PoWER SUPPi.Y . . -- -- I $ 3,278.00 $ 3,2'78.00 10 EA REMOVE TRAFFIC SIGNAL HEAD A.'iSEMBl Y ! S 60.00 5 600_00 ..- "..._,- ,.--..- 1 EA POLE REMOVAL (SHALLOVV)(DIRECr BURL'l.L) _ ! $ 635.00 $ 635.011 1 EA REMOVE CONTR ASSEMRlY CABINET ASSEMBLY, LESS FqlJN1n ~ 135,00 $ 'l3500 1 EA REMOVE Ml',CELU.NEOUSSIGNAL E ,1IIPMEI\'T __..".~_, + $ 120,00 . $ 120.00 ] I EA REMOVE CABUNG AND CONDUIT ~ $ 60.00 ' $ 60.00 4 I EA SIGN,INrERl'ALLYTLLUMINATED COLUER BLVD} .. i $ 2..592.00' $ ~1~,3O$.OO 4 i EA MICRm"'AVEDETECTOR STALL 1:S 1,275.00' $ 5.100.00 J i E.... ITSFlELDMANAGEDETHERNETSWITCHIGIl.JF....I) ___ $ 2,265.00 $ 2,16500 I! ts PROVIDE MAINTAIN PROTECT SCHEDULE _~__ $ 137.76 $ 137.76 1: ,,,,L<; DESIGNC05TSDesi~Pe"!litandCoord_ '" $ n.479.81 $ lU79.81 "".r--.'''-''-Tl' 1.S (.UNSTRUcnON ENGINEERING INSPE(.TION - $ --{U7'9,81 $ Tl.4'?')~81" 'I -r ,.." ';-'<J: C," ,',';'- ", '." '0, " -,~ Item No. I Qn' ~!._ ,~-L.~ ...L..+ , . , .. ----r 5 , -f 8 9 : , . i ......J 'VIllI Pfl\:e~ Ba1il!d on K~linlaled Construction Pnce!i -Unit Price;.; BA~ on Peraml ;;r Bid Total Con5tru(tion C;;:~l Unit ltl'mOl'licri ....n T041 J5,(JOO(lO 4,000.00 3.00000 800.00 6oo,{}O 120.00 -...-.""""..-..-"". 200,000.00 10,000,00 --.........,...,.. 10,000.00 25t5Z0(J{) Vnil Pri'l''' , """,1-".",,,, . , 1: IS MOBn.IZATION- - 1 - LS PRO\,IDECONSTRUcnONSt.'RVEYINGA",,'Dl.AYOl.rr- _,_. .._ ~"M~ "'''_...._...__..,..___.__,__.._..._...._______.___.._ 1 LS MAINTENANQ OF TRAFFIC- I! I.S CLEAIUNG AND GRUBBlNG- 1 1 L~ 'rR5\if:}'jv~rAiNTAN-'A.<;'BDttf" pLAN's- .~<; _ PROVII?Y. MAINT.~.~OJEg?C~Et:?t'~, ___. _~__ c."Y TEMPORARY STRAIN POLE SYSTEM ~..~~~~~t~.6~~~1~7JjN~\\h~~cn6N~ I i :1) . -..-..........--- . 15,000.00 $ 4.000.00 $ ........-.---.-...- 3.000.00 $ 800.00 $ ---.......--.......- 600.00 S 120,00 s 2(10.000--:-00-1.---- 2U,000.00 S m._........._~..........." 1O.000,(I{I Ii . , 1: t- - "-li I I '. " '$ "'''',.,,-----,--+------- " --.."'......, " ,. -.................. ,. . ,350~ -'}!' ,",' . "'!'::;$;<:-' i8SO,ClOllOO , , . ,',' '-.-,'Vt'.;." . .. '" , '.'"..' .., .---....,.~, '..-...,,- .,.. ,-" -....~,--_..__.--~.... -.,........-.- Agenda Item NO.1 DE December 1, 2009 Page 16 of 35 , ~_.......,,," , 1--7'~"-"--" , ,i'~':':" .J .J - J: ~ '" :: tl I:: ~ ro ro Z o ~ ro w '" '" w ~~< oO~ ~...Jffi _w_ _>I e:!t..LJX ~ow w l- e ~ >- I- - U -~ ~ ;; c 8. . . '" ro e . ~ I , " .. , .. x " " f' , -<I . . -. ~. .. - . d -.".- .' ," -~, . 0, c. .. l , ,. ~ Agenda Item NO.1 OE December 1, 2009 Page 17 of 35 TRANSPORTATIQN SERVICES DNISION Road and Bridge Maintenance Department 4800 Davis Blvd. Naples, FL 34104 (239) 252-8924 Fax (239) 774-6406 September 24, 2009 Nick Casa1anguida Director - Transportation Planning RE: City Gate striping cost comparison Nick: He advised I have reviewed the submitted striping estimate supplied to Trans,/Planning by Honness, Inc. and, based on the quantities provided, have detennined that this estimate is comparable to current Road Maintenance contract prices. If you have any other questions or concerns, please don't hesitate to ask. , . t'.~ .' , /~-" .J' Mark Rothen ger Operations Analyst Road Maintenance Dept. Cc: Travis Gossard: Superintendent, Road Maintenance ,-'" -^,,_.--~-_._- ~',-"- ' _ _ _,,"_~_,__'__'"_'~~_'_,n..____ -'-"~--,-_..,_.~-,_.__... m. .w_~_______ Agenda Item NO.1 OE December 1, 2009 Page 18 of 35 . '.,~, :, ~' ," ',' ~I...!' .- ., ""'., .. ;; J, 'e' 1990 Seward Aoenue Naple.. ftorld. 34109 (!139) 597.61121 . (239) 597-7416 fax www.bonnesslnc.com Proposal 9/3/2009 Submitted To: Oty Gate Development, LLC Estlrnatl!! Number: 46<402009 Addre.ss: 6021 Trophy Drive Ilid TItle: Oty Gate Commme Center - ThermopI.stk: Striping Suite S03 Naples, FL 34110 Project Location: aty Gale IIlvd &. UtiU~es Dr CGnblct: Ron Rice Proj.a Oty, StlIte: Naples, R. _eo (239) 598-5270 Fax: (239) 598-5271 Engineer f Architect: lItem tI Item Description ~ 01 FOOT Arrow 02 "Only" Pvmnt Messgae 03 6" White Skip 01 6' Solid White 05 24' SolId White 06 6" Yellow Skip 07 Red/Whlle RPM 08 Blue RPM . Estlmabal quantity Unit I lB,OO EACH 6.00 EACH 120.00 LF 200.00 LF 12B.OO LF 180.00 LF 20.00 EAOI 1.00 EACH lotll PriCe for abov.. City Gate Drive Items: $3,567,4ll 09 10 11 12 13 14 15 FOOT Arnm 6" Solid White IS" Solid White 6" While Skip White Thermoplastic tnternationat Crosswalk Red/Whlte RPM Blue RPM B.OO EACH 500,00 LF 200.00 LF 70.00 LF 216.00 LF 55.00 EACH 1.00 EACH Total Prle.. for above City Gate Blvd North Items: $2,620.04 16 FOOT Mrow 11.00 EACH 17 6" Solid White 190.00 LF IB 24" Solid White Stop Bars 65.00 LF 19 12" White Crosswalk 140.00 LF 20 RedfNhite RPM 20.00 EACH 2: Blue RPM l.OO EACH 9r1r!C::'f \~'J5:n P"i ;>Jl:;e:,rI Agenda Item NO.1 OE December 1, 2009 Page 19 of 35 ,'"'., 1990 Seward Avenue Naples. florlda 34109 (239) S9H22J " (239) 597-7.,6 fox WWVt.oonnessinc.com Bel ',. .: ~ ,," "l ".\,,~. . .>.. """"\' . , ;. ., ,~ , ,'~ ., ," Total Price for above While Lake Blvd (City Gate Blvd North To City Gate DrivtI) Item.: $1,979.51 22 23 24 25 26 n 28 29 30 3t 32 33 6" Solid White "Only" Pvmnt Messgae FOOT Anow 6" While Skip 24" 501id White Stop Bars Double 6" 5<>id Yellow Thermoplastic 6" 5<>id Yellow 18" SoItd Yellow Road Paint Temp/perm RedjWhite RPM Amber RPM Blue RPM 3,485.00 LF 2,00 EACH 21.00 EACH 520.00 LF 36.00 LF 2,120,00 LF 2,200.00 UNIT 360.00 UNIT 1.00 EACH 20.00 EACH 45.00 EACH 3.00 EACH Total Price for above White Lake Blvd (City Gate Drive To Cu",,) Items: $12,821.92 Total Bid Price: $20,N8." "Subject to prompt acCl!pblOce within 30 days and to all conditions stipulated on the reverse side, we agree to furnish materfals and labor at the price(s) set forth above. . Bonness Inc. is not re5jlOnsible for asphalt damages caused by others. "Bonding Is not included, If required pi..... add 1 'Yo. . Proposal based on request to restrlpe CIty Gate Commerce Centar with thermoplastic mar1dngs. . The above breakout of Isted Items are for comparison purposes only. This is a Lump Sum proposal. . Permits, fees. layout. survey. asbullts and testing by others. . Pavement marldng and signll\le pricing reWects one application of thermoplastic mar1dngs on existing painted pavement marldngs. . The above proposal is for listed Items only. Payment Tenns: Payment due within 30 days of date of invoice, regardless or when payment is made by Owner Notes' . ACCEPTED: The above prices, specifications and condItions are satisfactofY and hereby accepted. auyer Signature: CONFIRMED: Bonness lI'lc. Authorized d;j;, Signature: _ . vv-~-_.____._ Estimator: ' ek, cino Date of Acceptance: - \li)!100'il ~./..JS'J3'1<o4 ?a<;e 2 :r ~ --..,..-.-, -~--.-..- --- ....-....,.......------ --..._--, Agenda Item NO.1 OE December 1, 2009 Page 20 of 35 DEVELOPER AGREEMENT City Gate THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2009, by and between Citygate Developrnent, LLC, 850 NWN, LLC and CG II, LLC, Florida limited liability cornpanies (hereinafter eollectively referred to as the "Developer"), with an address at 159 South Main Street, Suite 500, Akron, Ohio 44308, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"). R E C I TAL S: WHEREAS, Developer is the owner, except for lands conveyed to lot purchasers in the Phase One Plat as hereafter defined, of approxirnately 287.187 acres ofland in unincorporated Collier County, Florida, located east of Collier Blvd. at City Gate Drive (hereinafter referred to as the "Development"). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and WHEREAS, on Deeember 13, 1988, the Board of County Commissioners of Collier County (BCC) adopted both Development of Regional !rnpact Development Order No. 88-2, which has been subsequently amended (hereinafter referred to as the "DRI Development Order"), and Ordinance No. 88-93, which rezoned the Developrnent from "A-2" - Agriculture to "PUD" - Planned Unit Development, for a development to be known as City Gate Commerce Park (the "PUD"); and WHEREAS, Section 3, entitled Transportation, of the DR! Development Order, sets forth the transportation conditions of the Development (hereinafter "Transportation Conditions"); and WHEREAS, that portion of the Development west of the Florida Power & Light Easement (hereinafter "FPL Easement") was platted in February 2004, said subdivision of the Development named "City Gate Commerce Center, Phase One" (hereinafter "Phase One Plat") and reeorded at Plat Book 41, Pages 6 through 7 of the Pub lie Records of Collier County; and WHEREAS, Citygate Developrnent, LLC is the owner of the Phase One Plat, less lands conveyed to lot purchascrs, and has caused subdivision irnprovements, including, but not limited to, roads, water and sewer lines, stonmwater management facilities, and street lighting in Phase One Plat to be installed; and WHEREAS, the County issued a Determination of Vested Rights for the City Gate DR! & PUD (VRD#2005-AR-7550) on Novernber 15,2005; and WHEREAS, an application for the City Gate Commerce Center, Phase Two Plat, has been submitted to the County (PPL-AR-6476; subrnitted September 9, 2004) (hereinafter "Phase Two Plat") a copy of which is attached as Exhibit B; and Final DCA 11-17-09 Agenda Item No. 10E December 1, 2009 Page 21 of 35 WHEREAS, the remaining portion, less the Phase One Plat, of the Development is owned by 850 NWN, LLC and CG II, LLC. A sketch depicting ownership of the Development is attached as Exhibit C; and WHEREAS, the County has designed certain improvements to and expansion of Collier Boulevard, from Collier Boulevard's intersection with Davis Boulevard/Beck Boulevard to the Golden Gate Main Canal (which canal abuts the northern boundary of the Development), as a "modified six-lane" roadway (hereinafter "Collier Blvd. Project"), The section of Collier Boulevard adjacent to the Developrnent will contain eight (8) lanes of through traffic, with one southbound lane terminating at Davis Boulevard and one northbound lane dropping off at City Gate Boulevard North; and WHEREAS, the County has requested that the Development's intersections at Collier Boulevard be reconfigured, as part of the Collier Blvd. Project, so that the traffic signal at City Gate Drive may be moved to City Gate Boulevard North, and all westbound exiting left turn traffic will use City Gate Boulevard North. However, because of delays beyond the County's and Developer's control (e.g. the delay in the installation of Noah's Way across Collier Boulevard from City Gate Boulevard North), the modifications of the intersections will need to be done in stages; and _. WHEREAS, the PUD indieates that the streets in the Development are to be private, while the intersection reconfiguration included in the Collier Blvd. Project would require that certain streets in the Development be open to travel by the public regardless of whether title to said streets is vested in a private or public entity; and WHEREAS, the Transportation Administrator has conditioned approval of the Phase Two Plat on (I) City Gate Boulevard North being available for use as a public roadway and future use as part of the Wilson Boulevard Extension, (2) the reservation of a corridor in future phases of the Development for City Gate Boulevard North to proyide an easterly connection over the unplatted portions of the Development lying east of the Phase Two Plat to the proposed Wilson Boulevard Extension, and (3) City Gate Boulevard North being constructed as a 4-lane divided roadway; and WHEREAS, on October 27, 2009, the Board of County Commissioners approved the Wilson Boulevard Extension/Benfield Road Corridor Study Report which, among other things, proposes to utilize City Gate Boulevard North for access frorn the Wilson Boulevard Extension/Benfield Road Corridor to CR 95 I (Collier Boulevard); and WHEREAS, the Developer is willing to enter into this Agreement to accommodate the above and to permit the amendment of the PUD, such amendment to provide that the streets in the Development shall in all cases be open to travel by the public, and which amends no other PUD provision; and WHEREAS, the County has requested, and the Developer has agreed to satisfy the Transportation Conditions of the Phase Two Plat by making advance payment of road impact fees and by participating in the County Certificate of Public Facilities Adequacy Program .- Page 2 of2 "-.'-.,----....".". _ .... n._~~ _ _,._~.,~__ -' Agenda Item NO.1 OE December 1, 2009 Page 22 of 35 (hereinafter "COA Program") in the manner set forth in this Agreement and Section 74-302(h) of the Collier County Code of Laws and Ordinanees; and WHEREAS, this advanee payment will substantially assist the County's collection of revenue for planned eapital road projects, as road irnpaet fees paid under this program will be immediately available to the County for appropriation to implement capital road facility improvements.; and WHEREAS, the parties agree that the making of this advance payment and the performance by Developer of the other obligations under this Agreernent satisfy the Transportation Conditions required for the build-out of the Phase Two Plat by the DR! Development Order; and WHEREAS, the County wishes to obtain sutlicient right-of-way through the Development to enhance interconnectivity consistent with the County's Long Range Transportation Plan (LRTP); and WHEREAS, the Transportation Adrninistrator has recommended to the Board of County Commissioners that the Development is in conformity with eontemplated improvements and additions to the County's LRTP; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The Development is in conformity with the eontemplated Improvements and additions to the County's long-term transportation systern; b, The Development, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cl,lsh flow or liquidity of the County's road impact fee trust aecounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital irnprovements and additions to the County's transportation systern; and c. The Development is consistent with both the public interest and with the Comprehensive Plan. WIT N E SSE T H: NOW, THEREFORE, in eonsideration 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 bereby expressly incorporated herein by reference as if set forth fully below. Page 3 on Agenda Item NO.1 OE December 1, 2009 Page 23 of 35 Preconditions 2. This Agreement is conditioned upon the following: a. The approval of the Phase Two Plat as shown on attached Exlribit B which the Developer originally filed with the County on or about September 9, 2004, and without additional stipulations, conditions or requirements to those set forth in attached Exhibit 0; and b. The establishment of the City Gate Community Development District (#CDD-2009-1) (hereinafter "City Gate COD"), which the Developer filed with the County on April 7, 2009; and c. The approval of a PUD amendment that will provide that all streets within the Development shall in all cases be open to travel by the public, and which amends no other PUD provision. Parties' Obligations 3. The Phase Two Plat will be recorded in the Public Records of Collier County, Florida within ten business days from the date all preconditions set forth in paragraph 2 above are fully met. 4. The County's only currently adopted system for the advance payment of estirnated road impact fees is the system of advance payment in conjunction with the issuance of a Certificate of Adequate Public Facilities (hereinafter "COA"). Therefore, in order to satisfy the Transportation Conditions for the Phase Two Plat, the Developer will make advance payrnent of estimated road impact fees by utilizing the established procedures of the COA Program. To make this advance payment, the Developer will pa5' the County the sum of $5,868,202.60 in estimated road impact fees in five equal installments as follows: a. The sum of $1,173,640.52 within 30 days frorn the date all preconditions as set forth in paragraph 2 above are fully met. b. Commencing with the first anniversary, of the recording of the Phase Two Plat, four annual payments in the sum of $1,173,640.52. In addition, the Developer will deposit with the County security in the form of a letter of credit from a financial institution acceptable to County, the form of which is set forth in attached Exhibit E, for a term of four years, in an amount equal to $1,173,640.52. Upon full payment of $5,868,202.60, the security will be released. An additional payment of $1,173,640.52 may be rnade in lieu of a letter of credit and will be treated as payment of the final 20% of the estimated road impact fees. .-. A five-year temporary COA shall be issued, following receipt of the initial payment and security provided above for the square\footage and uses described in attached Exhibit F for the Phase Two Plat. In addition, the County shall reserve the corresponding capacity in the Page 4 of 4 - ,"-".__..~~~_.,." .,_.----"'~--,...,_.-., - - Agenda Item NO.1 OE December 1, 2009 Page 24 of 35 concurrency management system as shown on Exhibit F, and a COA will be issued in perpetuity upon payment of 100% of the estimated impact fees. Failure to submit payment in aecordance with paragraph 4.b. above will be addressed as set forth in paragraph (h)(4) of Section 74-302 of the Collier County Code of Laws and Ordinances. The County acknowledges that upon full payment of the estimated impact fees in accord with paragraph 4.b. above, all of the Developrnent's Transportation Conditions, as required by the DRI Development Order will have been satisfied through the Phase Two Plat, for the aggregate level of development set forth in the COA for the Phase One Plat and the COA for the Phase Two Plat. Accordingly, the Developer shall be entitled to obtain certificates, eertificates of occupancy, site development plans, plat approvals and building permits for its Development (or portions thereof, as applieable) subject to the applicable permitting and review process. Issuance of COAs, however, will not relieve the Developer from its respective obligation to pay any additional road impact fees.. Both parties agree that the $5,868,202.60 advance payment is based on the current transportation impact fee schedule and its full payment satisfies all of the Development's Transportation Conditions through the Phase Two Plat. Final calculation of road impact fees due on each end user within the Phase Two Plat will be based on the impact fee schedule in effect at the time of the applieation of building permits. That said, the $5,868,202.60 advance payment shall in no event be modified downward for any reason, including but not lirnited to, aetion by the Board of County Commissioners to reduce or eliminate road impact fees, or action by the State Legislature to reduce or elirninate impact fees or replace sueh fees ("Reduction"), in whole or in part, by a rnobility or like fee. However, any road impact fee credits generated by such Reduction may be applied by Developer per paragraph 8 below. 5. The Developer shall pay the County the sum of $350,00(1 for its fair share of improvements at the intersections of Collier Boulevard (CR-95 I) with City Gate Drive and City Gate Boulevard North as part of the Co11ier Blvd. Project thirty days after the preconditions set forth in Paragraph 2 above have been met. This fair share was calculated based on the construction of both intersection configurations described in (a) and (b) below. a. Because of the delay in the eonstruction of Noah's Way, the two intersections will initially be built as depicted in attached Exhibit G; and b. Upon the construction of Noah's Way, the County plans to reeonfigure the two intersections, moving Drive/Magnolia Pond Drive to depicted in attached Exhibit H. the traffic signal from City Gate Noah's Way/City Gate Blvd. North, as 6. Developer agrees to accommodate the County's required dedications/reservations for public roads as follows: a. All roads within the Development shall be open to the public without restriction. All right-of-way may be, at Developer's sole option, dedicated Page 5 of 5 ~,~, - -...._- Agenda Item No. 10E December 1, 2009 Page 25 of 35 b. to the City Gate Commerce Park Master Property Owners' Association and/or the City Gate CDD. The segments of right-of-way containing the roadway described in paragraphs 7. a, band c below may be, at Developer's sole option, dedicated to the County. c. Street lighting, landscaping and irrigation within all roads and rights-of- way within the Development shall be maintained by the Developer or its assigns in perpetuity. As the installation and permanent maintenance of street lighting, landscaping and irrigation are the responsibility of the Developer or its assigns, the County may not irnpose standards above the minimum standards imposed for these items in the CoUier County Land Development Code for private or public roadways, whichever standard is less. d. All roads shall be maintained by the Developer or its assigns except as set forth in paragraph 7 .below. Road Maintenance shall mean the maintenance of the roadway, including but not limited to, sidewalks, pavement, curb, signage, striping and the roadway drainage system within the right-of-way. e. As required by the County: I. The Developer shall diligently pursue the design, the permitting and the construction of City Gate Boulevard North within the Phase Two Plat as a four-lane divided roadway, with a minimum 15.5 foot rnedian substantially in accordance with attached Exhibit I, to accommodate not only the project's traffic, but also the traffic from the future Wilson Blvd. Extension. . 2. The Developer shall diligently pursue the design, the permitting and the reconstruction of City Gate Boulevard North within the Phase One Plat in accordance with attached Exhibit J to increase the operational capaeity of the intersection with Collier Boulevard to accommodate both the Development's traffic and the anticipated traffic frorn the Wilson Blvd. Extension. 3. The Developer shall mill and repave the areas of White Lake Blvd. as shown on attached Exhibit K and will also remark and stripe all Phase One Plat roadways with thermo markings and striping in order to better accommodate both City Gate's traffic and public traffic. Upon completion of this repaving and restriping, the County will release the Phase One Plat Construction and Maintenance Security/Letter of Credit, a copy of which is attached as Exhibit L. Page 6 01'6 ^._--~._._..,-,--- -'~""'~" .-..- ". ------~._"--- --- Agenda Item NO.1 OE December 1, 2009 Page 26 of 35 7. The County will accept permanent Road Maintenance responsibility, if delegated by the Developer, its successors or assigns, or the City Gate COD, but only for the segments, or any of them listed in a through c below, as follows: a. That segment of City Gate Blvd. North from Collier Boulevard (CR-951) to the turn-around after acceptance of construction improvements defined in paragraph 6( d).2 and 3 above. See attached Exhibit M. b. That segment of White Lake Blvd. north of City Gate Drive, after acceptance of construction improvements defined in paragraph 6( d).2 and 3 above. See attached Exhibit M. e. City Gate Blvd. North within the Phase Two Plat, after acceptance of construction improvements defined in paragraph 6(d).J above, as shown on attached Exhibit N, and when the road provides through public traffic to the east of the Development. 8. The County will grant Developer Road Jrnpact Fee Credits for the following: a. The payments providcd for in paragraph 4 above; b. The difference in right-of-way width necessary to accommodate future public traffic in accordance with attached Exhibit 0 and which both parties agree is valued at $180,000; c. The difference in construction costs necessary to accommodate future publie traffie in accordance with attached Exhibit P and whieh both parties agree is valued at $374,039.53; and . d. The cost of thermo marking and restriping all Phase One Plat roadways, which both parties agree is valued at $20,988.96. Credits for road impact fees paid per paragraph 4.a. above shall be applied to road impact fees assessed to building permits or site development plans for the Phase Two Plat in conformity with the examples set forth in attached Exhibit Q, until the Phasc Two Plat is either built-out or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The Developer may use the road impact fee credits provided in 8.b., 8.c., or 8.d. above to satisfY a portion of any annual payment of estimated road impact fees as set forth in paragraph 4.a. or 4.b. It shall be the Developer's obligation to notifY the County that a eredit is available related to 8.b., 8.c., or 8.d. above. The credits set forth herein shall be applied solely to road impact fees or remaining Transportation Conditions, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for whieh the Developer, its sueeessors and assigns are responsible in connection with the developrnent of their lands. At any time, any unapplied Developer Road Impact Fee Credits identified in 8.a. above, whieh Developer deems unnecessary for the build-out of the Phase Two Plat, may be transferred to another plat or portion of the Development, provided that any land uses associated with the transferred impact fee credits are relinquished from the Phase Two Plat Page 7 of? Agenda Item No. 10E December 1, 2009 Page 27 of 35 .r" COA and the Phase Two Plat COA is modified to delete those entitlements. The transferred Developer Road Irnpact Fee Credits shall be reflected on any COA or comparable certificate issued to evidence advance road impact fee payments made in conjunction with the future platting or developrnent of any unplatted lands within the Development. Upon build-out of the Development, any remaining credits identified in 8.a., 8.b., 8.c., and 8.d. above may be transferred to another approved project within the same, or adjacent road impact fee district, provided any vested entitlements associated with the unspent and transferred impact fees are relinquished and the COA is modified to delete those entitlements. At any time prior to full payment of the advance payment of estimated road impact fees as set forth in paragraph 4 a. and 4 b., a lot purchaser may obtain a permanent COA for its property by paying 100% of lot purchaser's estimated road impact fees at the time of the calculation of the lot purchaser's estimated road impact fees. The lot purchaser will provide the prospective square footage and land use for the calculation of the estimated road impact fees for issuance of the lot purchaser's permanent COA. At the time of this calculation, the lot purchaser will be given a credit toward lot purchaser's estimated road impact fees in an amount equal to lot purchaser's estimated road impact fees multiplied by the percentage of estimated road impact fees paid by the Developer as required by paragraph 4 a. and 4 b. above. Lot purchaser shall be required to pay the remaining balance of lot purchaser's estirnated road impact fees to obtain a permanent COA. Any cash payment rnade by a lot purchaser to obtain a permanent COA will be a credit against the next estirnated road impact fee payment required under paragraph 4 b. , ~.- 9. For the advance payment of estimated road impact fees for the Phase One Plat ($1,438,256.33 paid in March 2004, $1,713,151.68 paid in March 2007 by Citygate Development, LLC and an additional $1,297,026.75 in road impact fee payments by Phase One Plat lot purchasers), the County shall issue to Citygate Development, LLC a COA in perpetuity for the capacities allocated to the square footage and land uses described in, and in accordance with, attached Exhibit R. . 10. Site Development Plans (SDP) for lots within City Gate Phase One and Two Plats shall only require a Transportation Impact Study (TIS) that is limited to calculating the proposed SDP evening peak hour trip generation (i.e. entering & existing driveway volumes) for that SDP, recommending the location and configuration of the proposed SDP driveway access, and analyzing the need for exclusive turn lanes on the internal City Gate road for an individual SDP. I I. The Parties hereby acknowledge the following: a. This Agreernent does not diminish the Vested Rights Determination previously issued by the County. b. The County will construct the sidewalks and bike paths along the boundaries of the City Gate lands that abut Collier Blvd. as part of the Collier Blvd. Project. The construction of these sidewalks and bike paths or payment in lieu of these sidewalks and bike paths shall not be required of Developer. _. Page 80f8 , .,-~-~ ___u --......._-.o,.""',_.~,.,...~"' --.. .-.~-~...~---,"-,~, --~._._,._-.._- --,--~ . - . Agenda Item NO.1 OE December 1, 2009 Page 28 of 35 c. That nothing in this Agreement is intended to, or shall be interpreted as, divesting or in any other way interfering with the Developer's right to complete development of the DRI with a1l development uses and intensities set forth in the DR! Development Order; nor sha1l any1hing in this Agreement constitute a waiver of, or in any way diminish, the Developer's rights under the PUD or DR! Development Order. d. This Agreernent sha1l be eonstrued so as to give effect to its paramount purpose, which is to assure that the Developer may complete the development of the Phase Two Plat as authorized by the DR! Development Order. The County sha1l be prohibited from refusing to issue any development permits within the Phase Two Plat for any uses or intensities of use authorized by the DR! Development Order/PUD within the Development on the grounds that the access points on Collier Boulevard (CR-95I ), as reconfigured by the County, cannot safely or operationa1ly accommodate the traffic from such authorized use. e. That it is found and determined that there is no PUD transportation condition or Transportation Conditions for the buildout through the Phase Two Plat that has not been satisfied, or would not be satisfied by Developer's compliance with its obligations under this Agreement. f. That in requiring as a condition of further development permits that the Developer dedieate or otherwise eomrnit certain private roads in City Gate to public use and agree to the reconfiguration of City Gate's aceess points on Co1lier Boulevard (CR-95I ), the County has eonsidered City Gate's development rights as set forth in the DR! Development Order and the PUD and does by this Agreement represent and assure the Developer that it may complete the development of the Phase Two plat authorized by the DR! Development Order and the PUD, and that the public use of the roads so dedicated or otherwise committed in this Agreement and the reeonfiguration of the access points wi1l not result in any operational or safety concerns that would entitle the County to refuse or restriet developrnent of the Phase Two Plat as authorized by the Development Order and the PUD. g. The Developer may assign certain of its obligations under this Agreement to the City Gate CDD. h. The construction of City Gate Blvd. North in the Phase Two Plat, in substantial conformity with attached Exhibits I and S is essential to providing access to the lots in Phase Two and allowing the Developer to build in accordance with the DR! Development Order Master Developmcnt Plan. Aecordingly, the operation of, and access to, this roadway may not be restricted or diminished from that in attached Exhibits I and S. Without lirniting thc generality of the foregoing, the County agrees that by this Agreernent it has reviewed and approved the Page 9 of9 Agenda Item NO.1 OE December 1, 2009 Page 29 of 35 location of the driveway openings, median openings and left turn access points depicted on City Gate Boulevard North in Exhibits I and S. Therefore, the location of driveway openings, median openings and left turn access points on an SOP and/or plat improvement construction plan that eonforms to or that substantially conforms to Exhibit I and S shall be deemed approved by the County Manager or his designee. However, the length and physical construction characteristics of driveway openings, median openings and turn deceleration lanes shall be determined at SDP review consistent with the existing Right-of-Way Handbook. . 1. The County Manager or his designee has advised Developer that site development plan approval for Phase Two Plat lots wi11 be conditioned upon the reservation of land to facilitate the future construction of a right turn lane in conjunction with any driveway aecess on City Gate Boulevard North. The County acknowledges that this is being done primarily to accommodate the anticipated traffic to/from the Wilson Boulevard Extension. Therefore, notwithstanding any requirement, standard, or regulation contained in the Collier County Land Development Code (LDC), the PUD, or any requirement contained in any document, order or agreement to which the Development, Developer, lot purchaser, or any of the above is subject (hereinafter "Requirements"), including, but not limited to, the Required Yard Plan, whenever a Site Development Plan is submitted for any lot in the Development where the County has determined that an area shall be reserved to facilitate the future construction of a right turn lane in conjunction with any driveway access on City Gate Boulevard North, then the Requirements shall be reduced by the same dimension, area, or amount involved in the reservation to facilitate the future construction of the right turn lane. This reduction in the Requirernents is illustrated in attached Exhibit T. It is the intent of the parties by this provision that the reservation to facilitate the future construction of right turn lanes will be at no cost to the County, while at the same tirne assuring Developer that such reservations to facilitate the future construction of right turns lanes will not result in a loss of any developable area on the lots affeeted. It is also the intent of the parties by this provision that the reservation to facilitate the future construction of right turn lanes wi11 be considered a "planned public use", whether the reservation is to be accomplished by the dedication of right-of-way or by the dedieation of an easement so long as the dedication provides for public use. Lots whose Requirements are reduced by this provision shall not be deemed to be noneonforming lots as a result of said reservation to facilitate right turn lanes. The need for, the timing of eonstruction and physical construction characteristics of right turn lanes for driveways located on City Gate Blvd. North shall be determined at SOP review consistent with the existing Right-of-Way Handbook. . "'-'. j. That the City Gate DRI/PUD is vested, but additional phases, beyond the Phase Two Plat, may not proceed until the applicable Transportation Page 10 of 10 ~- ..-. --.-.",---.,....,...",.......-.- _...~".w~."., ~__~., N .,~_.. ,_".~_ -,-~~- -. Agenda Item No. 10E December 1, 2009 Page 30 of 35 Conditions have been satisfied. The parties agree that Developer shall cooperate with the County in providing an alternative roadway network consistent with the Wilson Boulevard Extension/Benfield Road Corridor Study Report approved by the Board of County Commissioners on October 27, 2009. k. That the Developer agrees to continue to construct in conjilllction with a subsequent plat approval, or allow the County to construct, City Gate Boulevard North, beyond the Phase Two Plat, as shown on attached Exhibit S with the same typical seetion as approved in attached Exhibit I. The continuation of City Gate Boulevard North to the east of City Gate is subject to cooperation of the adjacent land owners and the inclusion of the roadway into the County's adopted Capital Improvement Element (ClE). The parties agree to utilize the same proeess for determining the difference in the value of the right-of-way and construction for the remaining section of City Gate Boulevard North as used in paragraph 8.b. and 8.c. above, if and when eonstructed by either party. I. The County has notified the Developer that it may in the future close, or partially close the median opening at City Gate Boulevard North and White Lake Boulevard without clairn for damages by the Developer. Legal Matters 12. This Agreement shall not be construed or charaeterized as a development agreement under the Florida Local Government Development Agreement Act. 13. The benefits of this Agreement shall inure to all suceessors in interest to the parties to this Agreement. The burdens and obligations of this Agreement shall be binding upon any suceessor to the County and to any Successor Developer; provided however, that none of the . burdens and obligations of this Agreement shall be binding upon: a. Citygate Development, LLC or its successors in interest, except for those obligations which eannot be performed without the participation of Citygate Development, LLC; i.e. dedication of right-of-way or improvements within right-of-way in the Phase One Plat. Upon satisfaction of these obligations the County shall provide a written release from this A!,'Teement to Citygate Development, LLC in a recordable form. b. CG II, LLC (if it has transferred all of its interest in the Phase Two Plat property to 850 NWN, LLC) or its successors in interest, except for those obligations set forth in paragraph l1.k. Upon satisfaction of these obligations the County shall provide a written release frorn this Agreement to CG II, LLC in a recordable form. c. Purchasers of lots, unless such purchaser is a Successor Developer as defined herein. As used herein, the term "Successor Developer" shall mean any Page 11 of I I Agenda Item No. 10E December 1, 2009 Page 31 of 35 purchaser or assignee whose ownership after a purchase or assigmnent consists of more than 45% of the lot area in the Phase Two Plat. 14. The Developer acknowledges that the failure of this Agreement 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. 15. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' complianee with the terms of this Agreement, then in sueh event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 16. Except as otherwise provided herein, this Agreement shall only be arnended by mutual written consent of the parties hereto or by their successors in interest, excluding lot purchasers unless considered a Successor Developer as defined above. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: ..~" Harmon Turner Building Naples, Florida 34112 Altn: Norman E. Feder, A.LC.P. Transportation Division Adrninistrator Phone: (239) 252-8872 Facsimile: (239)252- 9370 Altn: Joseph R. Weber 159 S. Main Street Suite 500 Akron, Ohio 44308 Phone: (330) 996-0225 Facsirnile: (330) 762-7990 . With copies to: Roger B. Rice, Esq. 9010 Strada Stell Court Suite 207 Naples, Florida 34109 Phone: (239) 593- I 002 Facsirnile: (239) 593-1309 And John S. Steinhauer, Esq. 159 S. Main Street Suite 530 Akron, Ohio 44308 Phone: (330) 535-1010 Facsirnile: (330) 535- 153 I - Page 12 of 12 ,."" ~ ."., "'_-.._--..""._"~.,.,..'- '.--..>,_.~...,-, .. ,....-,. '. ., Agenda Item No. 10E December 1, 2009 Page 32 of 35 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally reeognized overnight delivery service. 17. The Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the reeorded document to the Developer upon request. 18. In the event of a dispute under this Agreement, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party rnay file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreernent, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this 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: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAfNING SIGNATURE PAGES TO FOLLOW Page 13 of 13 Agenda Item NO.1 OE December 1, 2009 Page 33 of 35 _.. AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Citygate Development, LLC A Florida Limited Liability Company By: Signature Joseph R. Weber, Vice President Printed Name Signature Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2009, .. by Joseph R. Weber, as Vice President of City gate Development, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public. Print Name: My Commission Expires: Signed, sealed and delivered in the presence of: 850NWN, LLC A Florida Limited Liability Company By: Signature Joseph R. Weber, Vice President Printed Name Signature .- Printed Name Page 14 of 14 ,_. -~, ., ""',",",,~....-." - --.,",--, ,,'~'."'" "_.,, "-'___r, ,,_.~.__ ,.~ . ~ ...~ STATE OF COUNTY OF Agenda Item NO.1 DE December 1 , 2009 Page 34 of 35 The foregoing instrument was acknowledged before me this day of , 2009, by Joseph R.' Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public Print Name: My Commission Expires: Signed, sealed and delivered in the presence of: CG II, LLC A Florida Limited Liability Company By: Signature Printed Name Signature Printed Name STATE OF COUNTY OF Joseph R. Weber, Vice President . The foregoing instrument was acknowledged before me this day of ,2009, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who is personally known to me or has produced ____ as identification. Notary Public Print Name: My Cornmission Expires: Page 15 of 15 Agenda Item No. 10E December 1, 2009 Page 35 of 35 -"".~ LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A - A legal description of the Development, together with a graphic rendering. (3 pgs) Exhibit B - A copy of the proposed City Gate Cornmerce Center, Phase Two Plat, (PPL-AR- 6476) (4 pgs) Exhibit C- Sketch depicting ownership of the Development (I pg) Exhibit D- Agreed Phase Two Plat Stipulations (3 pgs) Exhibit E- Form for Letter of Credit (2 pgs) Exhibit F- Square footage and uses for temporary certificate of public facilities adequacy for City Gate Phase Two Plat (I pg) Exhibit G- Intersection configuration- Collier Blvd. project initial eonstruction: City Gate Drive and City Gate Blvd. North intersection with Collier Blvd. (CR-951) (3 pgs) Exhibit H- Intersection configuration- upon eompletion of Noah's Way; City Gate Drive and City Gate Blvd. North interseetion with Collier Blvd. (CR-951) (I pg) Exhibit 1- Design of City Gate Blvd. North (7 pgs) ,..~. Exhibit J- Re-design of City Gate Blvd. North from Collier Blvd. to the eastern boundary of the 170' FPL easement (5 pgs) Exhibit K- Milling and repaving of White Lake Blvd. (2 pgs) . Exhibit L- Copy of Phase One Plat Construction and Maintenance Security/Letter of Credit (6 pgs) Exhibit M- Permanent Road Maintenance for Phase One Plat (I pg) Exhibit N- Permanent Road Maintenance for City Gate Blvd. North for Phase Two Plat (I pg) Exhibit 0- Right of Way Delta- Phase Two Plat (I pg) Exhibit P- Construction Delta- Phase Two Plat (I pg) Exhibit Q- Examples of how the Phase Two Plat COA Credits may be applied (I pg) Exhibit R- Phase One Plat Certificate of Publie Facilities Adequacy (2 pgs) Exhibit S- City Gate Boulevard North Median Openings and Access Points (2 pgs) --., Exhibit T- Future Turn Lane Modifications on City Gate Boulevard North (2 pgs) Page 16 of 16 -'__~m '-"'-' , ~~"-,,, -,-~_.,,~~._" '.-.~.". - --.,.. - -