Agenda 01/15/2008 Item #16B 8
Agenda Item No, 1688
January 15, 2008
Page 1 of 55
EXECUTIVE SUMMARY
Recommendation to approve the extension of commitment deadlines in thrce Developer
Contribution Agreements (DCAs), the Davis Blvd, Projects DCA recorded at O.R, Book
4187, Page 2189 for 150 days, Heritage Bay Commons DCA recorded at O,R. Book 4162,
Page 2725 for 90 days and the Mystique DCA recorded at O.R. Book 4187, Page 2310 for
90 days,
OBJECTIVE: To obtain the Board of County Commissioner's (BCC) approval to extend the
deadlines for the property conveyance in the Davis Blvd, Projects DCA for ] 50 days, the
Heritage Bay Commons DCA for 90 days and in the Mystique DCA for 90 days,
CONSIDERATION: The extensions were discussed at the December II, 2007 BCC meeting
as part of the County Manger's report where the BCC agreed the penalties would be held in
abeyance until this item could be properly noticed and officially extended, None of the following
extensions will-have any material impact on any existing capital project schedule nor is any
delay in the conveyance of property due to the lack of cooperation from any of the participants,
Davis Blvd Project Extension (150 days): Several parcels and an easement were to be conveyed
to the County no later than December 15,2007, Three of the subject parcels have been conveyed
to the County, The remaining parcels and easements are undergoing title review and final
preparation of the exhibits to match the design criteria,
Heritage Bay Commons Extension (90 days): The conveyance documents were sent to the
County Attorney's Office in November and have been reviewed, The deadline date was
December 12, 2007, There are scveral itcms in the title that need to be cleared prior to
conveyance, The Developer has granted a construction easement in order for us to proceed with
construction ofthe Immokalee Road and Collier Boulevard intersection without delay,
Mystique (90 days): The pond parcel, the right of way parcel and easements were to be
conveyed to the County on or before December 15,2007, The County's deadline to give written
notice to purchase an additional three acres Irom the Developer was December 14, 2007, Notice
was given to the Developer in December and the documents are being prepared in accordance
with the County's request. Thc delay in the notice was due to the permitting review comments
and the County's objective to acquire as minimal land as possible,
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary,
LEGAL CONSIDERATIONS: This request is appropriate for Board action, Failing this
action, consideration will need to be given to amend each ofthe agreements, as the respective
Developers are arguably now in teclmical breach of their agreement with the County, -.TAK
Agenda Item No. 1688
January 15, 2008
Page 2 of 55
RECOMMENDATION: To obtain the Board of County Commissioner's (BCe) approval to
extend the deadlines for the property conveyance in the Davis Blvd, Projects DCA for 150 days,
the Heritage Bay Commons DCA for 90 days and in the Mystique DCA for 90 days,
Prepared By: Nick Casalanguida, Director, Transportation Planning
Attachments: 1) Davis Blvd Projects DCA; 2) Davis Blvd Projects Extension Letter; 3) Heritage Bay
Commons DCA; 4) Heritage Bay Commons Extension Letter; 5) Mystique DCA; 6) Mystique Extension
Letter
Page lof2
Agenda Item No. 1688
January 15, 2008
Page 3 of 55
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1688
Meeting Date:
Recommendation to approve the extension of commitment deadlines in three Developer
Contribution Agreements (DCAs), the Davis Blvd_ Projects DCA recorded at O.R. Book 4187,
Page 2189 for 150 days, Heritage Bay Commons DCA recorded at O.R. Book 4162, Page
2725 for 90 days and the Mystique OCA recorded at OR Book 4187, Page 2310 for 90
days.
111512008900:00 AM
Prepared By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
12/26/20073:02:48 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
12/26/20073:00 PM
Approved By
Norm E. Feder, Alep
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12127/20078:04 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/281200711:22 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
1121200811 :56 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
1/212008 1 :38 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
1/3/200811:30 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1131200812:49 PM
Approved By
Mark Isackson
Budget Analyst
Date
file://C:\AgendaTest\Export\98-January%20 15, %202008\16,%20CONSENT%20AGENDA \ I.., 1/9/2008
Page 2 of2
Agenda Item No. 16B8
January 15. 2008
Page 4 of 55
County Manager's Office
Office of Management & Budget
1/3/20082:04 PM
Approved By
!
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/7/20085:56 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\16, %20CONSENT%20AGENDA \ 1.., 1/9/2008
~\'\
-<9
Retn: INTBROFFICB
TRANSPORTATION PLANNING
ATTN LAURIB BBARD
659-5782
3977622 OR: 4187 PG: 21~~enda I' H .16B~
RECORDBD in the OPFlCIAL RBCORDS of COLLIER COUHTY, F]anm~,~t. 2001;63,00
02/23/2007 at 09:40AM DI!IGHT E, BROCK, CLERK ~m of 559,00
DEVELOPER AGREEMENT
DAVIS BOULEVARD PROJECTS
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this ~of \-...."'~,~,~ ,2007, by and between Ronald Benderson and David
H, Baldauf, as Trustee Under a Trust ~greement dated September 22, 1993, known as the
Randall Benderson 1993-1 Trust, whose address is 8441 Cooper Creek Boulevard, University
Park, Florida 34201; WR-I Associates, Ltd" a Florida limited partnership, whose address is 8441
Cooper Creek Boulevard, University Park, Florida 34201 (collectively referred to as
"Benderson") and Ronald Benderson 1995 Trust, WR-I Associates, a Florida limited partnership,
whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, and Market
Center Association, Inc" a Florida not for profit corporation, its successors and/or assigns whose
address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (referred to as
"Westport") and DAVIS CROSSINGS. LLC; DAVIS CROSSINGS II. LLC; DAVIS
CROSSINGS III. LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC;
DAVIS CROSSINGS VI. LLC; DAVIS CROSSINGS VII. LLC; DAVIS CROSSINGS
VIII, LLC, all of which are Florida ~ted_ll1!!?ility companies. whose address is 8441
Coop:r C;eek Blvd" UniversitY~<ll".Jc,t~~d~:':~V}...~collectively referred to as "Davis
Crossrngs') (Benderson, Westport,an6...MllrCrossmg,~a1l"herernafter collecl:1vely be referred
to as "Developers"), and COLLrEl'iX::OUNTY, FLORIDA~,alpiHitical subdivision of the State of
Florida (hereinafter referred tcr'~s IC~~" All capjgtlize,f't,enrtli not defined herein shall have
the same meaning as set fdrth ;1n Ifre~Gplli~ C~tr ConSolid~ted Impact Fee Ordinance,
Ordinance No, 2001-13, as alneI1il.ecrA-1 i~l/ ''''D \"\\:, ':i7\ \
( '(1\,11 II 'I I!J J lc \'1 I
[ ! I I~ ;~ 'I '
\t~" !,\\ \~!.R E(HT ,tIlL S: J L 1,,/-1
~ -., ,~ivl
~ \'t- \ I::~I
WHEREAS, Benders~rr~~ the owner of cer(~ ge\Cel<lJled undeveloped lands laying
adjacent to Davis Boulevard/SW~,Road 84 within tIi~ \mjriqbrrated area of Collier County,
Florida which is zoned Planned\~@~p'(~~op, mentJJ::,~;ji more specifically 1-75/Alligator
Alley PUD, which PUD IS proposed,.\.? \ier~end;eq,b.Y)?~rtlOn No, PUDZ-2004-AR-64l7 and
its related pending Site Development plan-MiPlidtio'nNo, SDP-AR-4171. A legal description
and sketch oflands in this PUD are attached as Exhibit A; and
WHEREAS, should Petition No, PUDZ-2004-AR-64 I 7 be granted, the 1-75/ Alligator
Alley PUD will be amended, Benderson will need an additional Certificate of Adequate Public
Facilities for transportation concurrency purposes for an additional 135,000 gross leasable square
feet of retail space, resulting in this PUD at build-out to contain a total of approximately 265,000
gross leaseable square feet ofretaiVoffice space; and
WHEREAS, to obtain this Certificate, BendeISon is willing to prepay to the County
100% of the current Road Impact Fees for this additional space in the anticipated sum of
$1,581,660; and
WHEREAS, Davis Crossings is the owner of a PUD located adjacent to Davis
Boulevard/State Road 84 within the unincorporated area of Collier County, Florida, known as
the 1-75/Collier Boulevard Commercial Center POO. A legal description and sketch of lands in
this PUD is attached as Exhibit B; and
OR :A~8J It.PrG~0211~@
January 15, 2008
Page 6 of 55
WHEREAS, Westport is the owner of par'Cels of land within the Westport Commerce
Center MUPUD which County desires to use to expand Davis Boulevard and land upon which
the County desires a drainage easement and Westport is willing to reserve it for future
conveyance, in the approximate location show in Exhibit C; and
WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson
estimates that it can accept within the 1-75/ Alligator Alley PUD storm water management system
storm water runoff from Davis Boulevard for 2 acres of proposed road right-of-way; and
WHEREAS, Davis Crossings is willing to reserve for future conveyance to the County, at
no cost to the County, a strip of property located within the PUD which is required for the future
expansion of Davis Boulevard in the approximate location shown in Exhibit C; and
WHEREAS, Benderson, Westport and Davis Crossings acknowledge and represent to
Collier County that consideration granted to one is consideration granted to all developer parties;
and
WHEREAS, Developers wish tO~!l~..this Agreement, which grants Benderson
vested concurrency rights, and County-wft'te,R1cG&[jnto this Agreement in order to facilitate
the widening ofDavis Blvd; and/l'{'\;.:):.------..~ "i:
I C/ '{ ~
,~HEREAS, the Tran1ort~ti~n-AillniEistra~r, has ret~ ended to the Board of County
CommIssIOners that the conyeyapce 'Set"'fe.rth ill lliliAgreem~nt 'herem after referred to as the
"Proposed Plan") is in conformitr\'.yithr\ofunt~~t~~mJ?1Ilvements and additions to the
County's transportation netvf,orkf!and'( i Ii \ I 1V._j \ \v(] :
:,fj\\ \..=,)~)lJ" j~ it! "
WHEREAS, after re~oned conslderatJon bY,:" ,the BO,aJ*l::4i?j; CommiSSIOners, the Board
finds and reaffirms that: \\0 \ ./~"- ! /:::::-
loJ \ "('\ -' //.l...'
. < .... '\ ' ) I '
a, The subject prop';;J;tJ;lan--!~ in conforI!J;t?'i:i)I?the contemplated improvements
and additIOns to the O)~ty'p;tp!ll~l\Elonsystem;
~ ;: L~ '~j \ t"~__>"'/
--
b, Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth-necessitated capital
improvements and additions to the County's transportation system;
c, The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County
Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement.
Page 2 of 12
OR :A,A,lBJ It2-G~0211al
January 15, 2008
Page 7 of 55
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10,00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below,
2, Subject to applicable Federal, State and local governmental approvals,
Benderson will provide County storm water management outfall within the 1-75/ Alligator
Alley PUD for the Davis Boulevard Drainage, The Alligator Alley storm water management
system (the "System") shall be designed to treat surface water to specified water quality
standards pursuant to all governmental permits and approvals for the 1-75/Alligator Alley
PUD, The County agrees, subject to Florida Statutes Section 768,28, that any surface water
entering the System from the Davis Boulevard Drainage will be capable of treatment to the
specified water quality standar.ds pursuant !<!..MJ.,governmental permits and approvals for the
Development without modification0)/~ci\~}r:?t~jteVF~~n~ that ,surface, water discharged into
the System WIll comply WIth the JeqNre;menrsof-tn::!::Cqu~wlde NatIOnal PollutIOn Control
Discharge Elimination Syste~/t~Jnit (and any sudl~SOT'l?ermit applicable thereto), if
appl!cable, The maximum ~lo1u~tfJ-w.at~!~at_~j.1,1 be 'a,;cep~ed into ,the System from the
DaVIS Boulevard dramage IS ltmlted~t~ the. amount reqUl.red\to dram two acres of the
, I I \ _/ \ \ \ \
proposed DaVIS Boulevard nghF?f?XaY"-r~ ~"~D' "D 71\ '
I i(! ' \J( \ )'l I :~ ~ \if L i
3, Westport shall ~~\'4~l.nj1g~?n\tl (thepn!.m~~ ,Easements) at no expense to
the County and Westport and ?nYIS crossmgs shall ~serve,forlliture conveyance to the County
right-of-way for the expansidn:"q,t\Davis Boulevard i~ithe !appr'~mate locations shown in the
attached Exhibit C (the "Subj~Qt::'-t1i!:cels"), the exa'Ct 'l~gJIAI~~ption of which is to be later
determined by the County, The'~~!Jjtct,Parcels will g.e-:C'oq~eyed no later than December 15,
2007, at no cost to the County, and,~iih'iii:ri~pa~t1ee\(:r'edits, Westport and Davis Crossings
shall convey the Subject Parcels to the':~!Y..::i.Ji'1'.ee:-'slmple, free and clear of all liens and
encumbrances (excepting those certain conservation easements identified in Plat Book 41, Pages
60 and 61; OR Book 4098, Page 2160; OR Book 3270, Page 1801; and a Landscape Easement
identified as landscape tract L-2 in Plat Book 4], Pages 60 and 6], collectively referred to herein
as the "Exceptions") made by an executed Warranty Deed provided to the Office of the County
Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D.
County will pay the costs of any title work and searches, and Westport and Davis Crossings shall
be responsible for all costs for promptly removing or curing any liens, encumbrances or
deficiencies revealed in any title work, excepting the Exceptions, which County will be
responsible for clearing and mitigating, Deve]oper shall fully cooperate with County and utilize
all due diligence in helping County clear and mitigate the Exceptions, Upon receipt, the County
shall record the Warranty Deed in the Public Records of the County, Except as set forth herein,
all costs of recording and conveyance shall be paid by Westport and Davis Crossings, With
respect to this provision, time is of the essence, It is acknowledged that Westport and Davis
Crossings' failure to promptly convey the parcel to County, as set forth herein shall result in
actual damages to County, In that actual damages are difficult to ascertain with substantial
certainty, the parties agree that Westport and Davis Crossings shall pay to County as liquidated
Page 3 of]2
OR: A~aJ ItPM~o~1~2
January 15, 2008
Page 8 of 55
damages the sum of $1 ,000 per day for each day past the deadline that the Warranty Deed is not
delivered to County, Such liquidated damages will be paid in place of County's claims for actual
damages, All provisions of this Agreement shall survive closing and be enforceable by the
County and Westport and Davis Crossings and their successors and assigns, It is anticipated that
absent this conveyance, the Subject Parcels would be scheduled for condemnation as part of the
FDOT design and acquisition for the Davis Blvd improvements, Since the Subject Parcels are
being acquired for public use, in lieu of future condemnation, it is expressly agreed that the
provisions ofLDC Sl.04,04,B (Ordinance No, 2006(07), a copy of which is attached hereto and
incorporated by reference as Exhibit "D" shall apply to these two developments, Additionally,
nothing in the Westport and Davis Crossings PUD projects shall be deemed nonconforming or in
violation of any Collier County requirements as a result of these easement grants and
conveyances in lieu of condemnation,
4, If requested by the county attorney, the Developers shall provide to the county
attorney, at no cost to the county, an attorney's opinion identifying the record owner, his
authority to enter into this Agreement and identify any lien holders having a lien or encumbrance
on the Subject Parcel. Said opinion shall spe~ificaJly describe each of the recorded instruments
under which the ~ecord owner holds-{j~te~acJ'l'~{)Z encumbrance, and cite appropriate
recordmg mformatlon and mcorpora~'Q.~;r.eterence a'il~1'-all such referenced mstruments,
/(~/ ~L\
5, Within 30 days ful'al ap~~v'll-Qf PUD ~endm;mt,Petition No, PUDZ-2004-AR-
6417 and the expiration of al\/~pp;]icaMe"'llJl~:~,l-l1,en01ls\~o chaneng~ the zoning appr?val with no
appeal havmg been filed, Bendlfrs=,'shaH;:'p'f~~o--C"OU1'ltpl\OO% of the County s estimated
Road Impact Fees for l35,bOOJ(gr~ss\lbfdble isqVar~ (eer>~ij ret~il space in the anticipated
amount of $1,581,660, Up~n-'P'~~Elt\of\l~~s(t~, Bel\.d~sgTf-s1l.all receive a corresponding
Certificate of Adequate PU~I,i;.facllitie?t'Certifi~te")"i F9~e purposes of meeting the
County's Transportation Con~5ncy req uirements, tli~f -7,5/ ~Uig~tor Alley PUD will be vested
for 265,000 gross leaseable squa:l1"IC\(t of retail/office c'ornm,e~.d:tVspace, Final calculation ofthe
remaining road and other impact Zeg'~u~.will be basSdoP't9?'impact fee schedule in effect at
the time of the issuance ofbuiJding 'P4illjt!f;The-~eqlticat~s'will run continuously with the land
in perpetuity after all estimated transpOrtaf~6ll:ir!m.~a.fees have been paid, As building permits
are drawn down on the entitlements, the estimated transportation impact fees already paid shall
be debited at the rate of the impa'Ct fees in effect at the time of utilization, If the estimated
transportation impact fee account becomes depleted, Benderson shall pay the currently
applicable transportation impact fee for each building permit in full prior to its issuance, In the
event that upon build-out of the Development estimated transportation impact fees are still
unspent, the remaining balance of such estimated fees may, at Benderson's election (I) be
transferred to another approved project within the same, or adjacent transportation impact fee
district, provided any vested entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements, or (2) be promptly returned to Benderson, It is expressly understood that the
prepaid Road Impact Fees will be utilized in the order in which the Building Permits are
reviewed by Collier County's Impact Fee Administrator, irrespective of whether Benderson
assigns all or part of the Development.
6, The 1-75/ Alligator Alley PUD will show an interconnection on the west side, which
shall be determined at final Site Development Plan,
Page 4 of 12
OR: A~la] ItjrG~o~UJ
January 15, 2008
Page 9 of 55
7, Benderson agrees that in order to assist with the congestion on Davis Blvd" that
with respect to the final 120,000 leaseable square feet ofretail/office commercial space for the 1-
75/ Alligator Alley PUD, no certificates of occupancy will issue until the first phase of the Davis
Blvd, improvement project from Collier Blvd, to Radio Road is deemed by the County to be
substantially completed,
8, This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
9, The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, Developers may assign all or part of the Road Impact Fee Credits,
utilizing the County's then 'Current form of assignment, to successor owners of all of part ofthe
Development, or as otherwise provided for in the Collier County Consolidated Impact Fee
Ordinance.
, ,10, Developer~ acknowledg~>thal€'f<!a1-!~f~-t~isAgreement to address any permit,
co~dltIon, term or re~tnctJon shal~:n~i,J~l:~"eitheH&~i\Pj~~ant or owner, or Its successors or
asSignS, of the necessIty of com~g"wlth any law, ordllIll\).\.1fr, 'rule or regulatIOn governmg Said
permitting requirements, condi,rlons/\erm< m,restrictions, \ \
I / "j-~ -4
II, In the event state or/fooer~ la~~t~aftepthe execution of this Agreement,
h' h I' bl d I l'/di'\~.i~h{l~ \,!~,il 'ite' /1,\ ,\ I' 'hth f
w IC are app rca e to an preen T m r 0 e,OI'\lp ~1.:\\ p,lirhes 90mp lance WIt e terms 0
this Agreement, then in su~~ if}';~~~) ~~~J!Y~J1t !~.hall be rh01ifep or ,revoked as is necessary
to comply with such laws, m ~anner whlmest reftects ~n,t~bfthls Agreement.
,.-(, \,'k I ! __'1
,', ,#',-,"~ ,-.
'" "".;,.,J \ "I,i',~ ! ,J, \,
12, Except as otherw'is\:1pJ;\lvided herein, this,-,\griiel;jent shall only be amended by
mutual written consent of the p'arti!$:hereto or by their,s1i~essors in interest. All notices and
other communications required or 'p;;{fli~j~~fsh~U.-be in writing and shall be sent by
Certified Mail, return receipt requested;-or.cuLa tiat'i~aHy recognized overnight delivery service,
and addressed as follows:
To County:
To Developers:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A,I.CP,
Transportation Division Administrator
Phone: (239) 774-8872
Facsimile: (239) 774-9370
8441 Cooper Creek Boulevard
University Park, Florida 34201
Phone: (941) 359-8303
Facsimile: (941) 359-1836
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 recognized overnight delivery service,
13. Developers 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
Page 5 of 12
OR:Am11IP~No2t9A
January 15, 2008
Page 10 of 55
Official Records of Collier County, Florida, within fourteen (14) days after the County enters
into this Agreement. Developers shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
14. 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 may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
IS. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been demonstrated good faith
compliance with the terms of this Agreement and to report the credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
~R C------~-----..
. . /"",'\\_::J'" l.~"'_ "
16. ThiS Agreement IS cqntil'lgfi'!:1t::Onarun . not*e~ome effectIve until final approval
of PUD Amendment, Petition,N~l.puDZ-2004-AR-64)1 ahd\!he expiration of all applicable
appeal periods to challenge th'i'zo~4;appr.ov~~~~ app'ellc! h~\ing been filed. If an appeal is
filed by a third party, then ort wntten-rro1H:e, <my party may t~rmmate thiS Agreement. Dunng
this contingency period, Cotintyish~::1'~;;eM;:{ot::!~f~l~entf sufficient capacity on the
County's transportation n<1two~ /or"(215,~oq I gf~si )ea~ab)e square feet of retail/office
commercial space and 147,qOHgr~!eas~/sgu~.!;e fe~l o(rdtiHVoffice commercial space for
each of the respective DeveIO,RJl1..,.'.~.nts, \"'.'.... ". j>-.;.,W"
, ~-::, \\t,! jt ~
\",;-:'\. ~,,, ( ,0
\ /C' "-~/ l, '
REMAINDER 'b~]~~ INTENTI~NA-!5L y/lEFT BLANK
SIGNASUREI'.A6ES:. ::rO'E01:;iOW
'" J'1 I~: (' \ \", "'c,,/
---=-.._~~'
Page 6 of 12
OR :A&'1~~~~~~~2~~
Page 11 of 55
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
, \" .~:-',~ L-:~'
Attest: . .......... ....~ .
DWIGHTE. BR~G~, C1e-k.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
<.
By:
Attest 4S to C"..~:..'
s j QIlitlK" (MIl ~.
AS TO DEVELOPER:
puty Clerk
By: d.~ N
JIM<'OLETT A, CHAIRMAN
',:/ .
V...;.
WITNESSES:
'" ~~
Print Name: . t-l~,j~ H. Baldauf, as rustee
I.'\. .~ ~Z,\~'::0MelTta Trust Agreement dated
\ ~o-IV; d- (# ~W S;;Pl'e~pr ~2, 1993, known as the
PrintName:~c:Ze.- '/1i.ffttrr"'-. RandaIr!3enderson 1993-1 Trust
/ / )"-""''<', '---"\ \ \
STATE OF FLORIDA (I . ((~r\i. (,lrRJ\Q)\.~\!7\\ .\
COUNTY OF MANA TEE ,0 i\.~. '--/ \JJJ -1 J.J,. I .J E- J
. Ir- \ i l yl nl
The foregoing instium~t was acknowle~&~ !ber6~/me this ~, day of
n.8Il,u~ ,2007 by D\l",rq H. Baldauf, as 'rrus!e,O!nder a Trust Agreement dated
September ,1993, known as.~er";Randall Benderson)993l Trust, who is personally ~
known to me or has produced ,j/:::;---. __,as-idehthication.
':'...../J.JJ~ crp\~/ _
WITNESS my hand and offiCial searthis~ day of
~
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
2007.
Printed Name
Commission No.
Expiration Date
Page 7 of 12
OR:AW1ItP.GNo2t&&
January 15, 2008
Page 12 of 55
WITNESSES:
WR-I ASSOCIATES, LTD.
BYW The Village, LLC, General Partner
David H. ~anager
~
STATE OF FLORIDA
COUNTY OF MANA TEE
The foregoing instrument was acknowledged before me this I qnt, day of
1=f8"'u~ ' 2007 by David H. Baldauf, as Manager of BG the Village, LLC, General
Partner of R-I ASSOCIATES, LTD., who is personally vknown to me or has produced
as identification.
WITNESS my hand and officia~. ~~ day of
/~v~~
/(0/ .... ,
! / Notary Public .
NOTARY RUBBER STAMP/SE;XL '~ '---J\ \
OR EMBOSSED SEAL I / ~.. ~~ L." ,
I... ; I I \J((I) \ \ fiUi'ttPe<l N' .t \ \
: ,1 \ I ":::.7 \~~( I i
''', '1) ,',1\ ,
i \. . ,~\I! L .
: ['1.' ',.\..Y V ~-..' c;....;;oN .~
\ .-' " '-.-u1,UmlSSJUU CC::;
\ \. \ ~& I J "--
\.....<\ <\, ) I~I
\1~~l> 1:J:{9
~~~''-\' .
"'~S;.r!:l>/'Y
, 2007.
W~
Expiration Date
Page 8 of 12
OR: AU~dll~~:NJ~~J8
January 15, 2008
Page 13 of 55
DAVIS CROSSINGS, LLC
DAVIS CROSSINGS II, LLC
DAVIS CROSSINGS III, LLC
DAVIS CROSSINGS IV, LLC
DAVIS CROSSINGS V, LLC
DAVIS CROSSINGS VI. LLC
DAVIS CROSSINGS VII, LLC
DAVIS CROSSINGS VIII, LLC
WITNESSES:
Da~. [rlger
---::--..
~. -V~Q!J:V,
/(9/ ~;;
I i \.... "--J\
, ""--<.. \
COUNTYOFMANATEE f "'?\l~~~ ')1\
I I( t\f C\ '\lJDj .~,\~^ \ I
The foregoing inst(:1~fPt~ "::~.... ,atnoyleogedJ bEfoflL,jlle this Iq~ , day of
F~5?lU~ ' 2007 bY\~211H=f Baldauf, =-~anag~o~ l2.l}VlS CROSSINGS, LLC:
DAVIS C SSINGS II, L~i DAVIS CROSSWG~ m;;LLc; DAVIS CROSSINGS
IV. LLC: DAVIS CROSSlrfQ~ V, LLC; DA\f,f~9~07'SINGS VI, LLC' DAVIS
CROSSINGS VII, LLC; DAVIS ARQSSINGS VIr.>.L. '~Who is personally 7 known to
me or has produced "-'!/> ,";:'as..identifica110n\'/
"~IE Cl\ZL.>/
WITNESS my hand and official seaflni'si"'lfit day of f"E..e,
t>b
STATE OF FLORIDA
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
Commission No.
Expiration Date
Page 9 of 12
OR: AgJ,61 'tfrG No2U&
January 15. 2008
Page 14 of 55
WIT
RONALD BENDERS ON 1995 TRUST.
~--j ~H" ,tkff!:r
PnntName: ~a.-V<- vl: . _
"
By: I\M ~
Name: 1>1'\-/\ d 1-\. ~fh..dM
U-'G
Title: \\\~Ttf
ST ATE OF FLORIDA
COUNTY OF MANA TEE ~
The foregoing instrument was acknowledged before me this ~, day of
ff.e,'PIuf'h'l~, 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated
'DEe 2- 'i. I q q,5"" , known as .the RONALD J3ENDERSON 1995 TRUST, on behalf of the
Trust, who is personally ~ knOWlY-~~ produced as
identification. /.(>---).~ (;!~
/.O/,/ ~J.~
WITNESS my hand anrSffi6~al seal thIS ~ q_flI ~~y Of f1 ,2007.
/ Ilt' ~ '\
,/ L....--'\
I /1f\J@/]tarfll,ubril\'
NOTARYRUBBERSTAMPS~i.. ' \ J if-' \\.\( I:. !",~AhCO
OR EMBOSSED SEAL \n \ ~., /7 J,;-,>,' ;,-:/ ; ...,
\':.<. Pnn~ No/ll9! ::; W~
'~~ . ~~~. E,,",,;oo D",
~0-.,-\\/
'-.~S/
Page 10 of 12
OR:A~8J 't~rG!-J02~9
January 15, 2008
Page 15 of 55
WITNESSES:
MARKET CENTER ASSOCIATION,
INC.
By: ,W-~
Name: --:i)~,jld -H. ~l ~
~
""\
Title: -:J:>'?''''f:>O~
STATE OF FLORIDA
COUNTY OF MANATEE
The foregoing instrument w -cf.{Iow e4 before me this ~ day of
~ ~ ""\ '1 L "- .......
r-fA9I , 2007 by ,'. ' ,/l'i.~..1.11?-~,a01Z..l of MARKET
CENTER OCIATION, ~,(,+E. rida not for prOi1(~oration (the "Corporation"), on
behalf of the Corporation, wllS< is pe;sonall~ ,/ lqlO~ to me or has produced
as iden ificitio~ S\ \ .. \\
.I! 1-.-..;\ \ \
WITNESS my hand dnd officTal1s~Ut i l,\l(jl'\f\ \d~\.'Of \'i- E 2007.
\ !I \ ('i 1 IJ t'.( '{ )e .
\O\~\..~:.
\~\ Noi~Public/ ~J
NOTARY RUBBER STAMP~~L ~r!(J;;.o;
OR EMBOSSED SEAL \1- ~._ . / \...ij
"9p~~ame
'Z..J:.!fE (:1\'=:"-)/
--eommission No. Expiration Date
o form
clency:
Jeffre
Mana n
Iatzkow
ssistant County Attorney
Page II ofl2
OR: ,,~~lItPrG l~o2~Q
January 15, 2008
Page 16 of 55
SCHEDULE OF EXHIBITS
EXHIBIT A
Legal description and sketch oflands of Benderson's
Development.
EXHIBIT B
Legal description and location map of Davis Crossings'
Development. (I-75/Collier Boulevard Commercial Center PUD)
and the Westport Commerce Center MUPUD.
EXHIBIT C
Sketch of Approximate Future Right-of-Way South of Davis
Boulevard.
EXHIBIT D
Form ofWaITanty Deed
~\).-1ER COU~
/c? .f'J--:
I j~ c_
I I 1.."L-=_'C.\~) \ \
( (0(l)\"~I]D \\\ fl. \
I i~~111 'IIi,!
\ n.., '\ \ ~ '_. .J-..!:,.! .:-~.
\' "".. ---.-. _.~ I '"""",.
,..- '" I i_
\\. .y; "-')
\~.\ ---,tz j j'-i
v'p", '''''Z /,,0
'\ "-r /:; c./
"'0 ","\7
" 'f:',..,\.\" /
'''~~~S//
Page 12 of 12
HM
HOLE MONTES
_._.-
~-
__WIt'. ___.--.-2lI.25C.2lIlID.foI:23ll.25C.2l8I
OR: A~8J ItJlG/.Jo2~1
January 15, 200S
Page 17 of 55
11M PROJECI' f2002012
llI2I2OOS
REF. DWQ. 1Il-5586
Pqe I 0(1
lJ!GAL DESCRlmON:
EXHIBIT A-2
AlL OF LOTS 3,.1: 5 AND TllACT A AND I'ORT1ONS OF LOTS 2 I: 6 AND TRACT R OF 9S 1 COMMEIlCE CI!NI1!R.
ACCORDINOTOnmPLATT1II!R1!OI' AS RBCORDEDIN PLATIIOOK I' AT PAGES 1 ntROUGH 2 OFnII!PUBUC
R8COlUlSOFCOU.II!R COUNlY. PLORIDA. LOCA11!D IN A PORTION 01' SECTlON 34, TOWNSHIP., SOUTH, KANOI!26
EAST, COUJER COUNlY, PLORIDA AND BElNO MORE PAltTlCUl.ARLY DE!SCRIBED AS POLLOWS:
IDWtl AT nil! SOlTI1fWEST CORNER 01' LOT 3, 9S 1 CONMI!ItCE CI!NI1!R. ACCORDINO TO nil! PLAT l1fI!Il.l!OF AS
RBCORDED IN PLAT BOOJ( J7 AT PAOIlS 1 TIDlOUOH 1 OI'THI! PUIILIC!tl'COltDS 01' COUJER COUNTY ,I'LOIUDA:
11fENCB RUN N.OO'26'I6"W. ALONG nmWllSTBOUNDAltY OPSAlD9S1 COMMERCECENJ1lR FOR A DISTANCEOP
1,114.08 fI!Irr 10 nil! NOR11fWIlST COIlNER OF LOT 5, OF SAlD9SJ COMMERCE CEN11IIt; 11fENCB RUN S'46'14"E.,
ALONO nm _1MEIU.Y BOUNDAltY op LOT SAND LOT6OP SAID 951 COMMIlItCB CEN11IIt FOR A DISTANCE op
990-72 PI!ET, 'IlIIlNCE!tUN S.2J"ITJO"I!..It.LlJNO THJlI!lOUNDAltYOI'SAID LOT61'OR A DISTANCIl 01'68.01 PI!ET:
11II!NCE!tUN S.00"32' 14"E., ALONG THE BOUNDAlty OPSAl[) LOU FOR A DISTANCE OP25U4 PEETTO A POMON
nll!NOIl.1lII!RLY UNl!OF'I1IATCERTAIN PAltCl!l.., AS DESCRlBl!DATO.R. BOOK 3643 AT PAGES 3528-3531, OPnII!
PUBUC ItBCOItDS OI'COU.II!RCOUNlY,I'LOIUDA, 1lUlNGIHl\lIOUU'"46'I4"W.,1t.LONG nil! SAID NOR1MEIU.Y UNE
OF THAT Cl!aTAIN PAItCJ!L AS Dl!SCltJBJ!D AT o,a~,~ ~ ""1~,' ~3,:nlI-353I,1'OR A DISTANCE OF 1".72 PI!ET
TO A POINT ON nlI! l!ASTl!RLy R-O-W LINE OP~ It'~ SAID 951 COMMEItCE CEN11IIt; 11II!NCE
RUN S.oo-I3'_.. ALONG nlI! SAID ~~;6;W LINB OF ~,paa.E. TllACTIl. FOR A DlSTANCB
OF 14.61 PI!ET; 11II!NCI! RUN N.lI9"46'14"Yf-,I'Qa",DlSTANCEOP_Pl!ET,lOAfOINT0N11IE WI!STIlaLY !t-O-W
UNI! OJ' SAID BI!DZI!LCIIlClA 11lACT~: ~$..ClO"I3'_., ALONO 11IE, WI!STIlRLY R.().W UNE OF SAID
BI!IllZIlLClRCLIl, TRACTR FOR A DIST.u<<::I!OFl22.61 FIIIl'f'''I'&A-l!IIlINT ON A\TAHOI!ImALCJItC\JLAIt CURVE,
CONCAVE _TIIWI!S11!IU.Y: 11tI!NC:t!tuN soUTiiWesn!JtLy ALONo nlI! R{)-W I.JNB OF SAID BfDZEL ClRCU!.
T1lACTR AND ALONG ntI! A1tC OPsAm c;ilRVE:~~ ~0P6S.00 Pl!ET1lIROUGH A
C1!NJ'RAL ANOU!OF9O'OO'ClO", su~~... A~oF,9,I~~A~^-'~OFSAS.13'WW., FOR A
DlSTANCEOFI02.IOPI!ET1OnlI!ENbOP\SA1D, ,CUll" ' Vl!;~~,N:> ~\FII6'J,~:-W.iALONGnlI!_THl!RLYR-O-
W UNl!OF SAID BI!IllZIlLClRCU!. mACT.~~OI'~.oo~11fENCB!tUN SJlD'32'J4"B., FOR A
DISTANCE OFfO.OOPl!ETTOnlI! ~tHA'i"Q!RT~~,iu pPY'R........ ATO.L BOOK
15", PAOI! 1831 OFnlI! PUBUC ~,OPCOUJIlIt COUHTY, ~A; '\lUill'ICIICON'I'INUBS.CIO'32'14"B., ALONG
11IE WESTI!RL Y BOUNDAltY OP tHAT ~AItCllL AS Dl!SCR11Jj;o AT 9~K 2559, PAOB 1131 OF ntI!
P'lJBUC lU!COItDS OF COU.II!R COUNlY;' A I'OJt A DISTANCE '01'-165:03 fIlI!T 10 A POINI' ON nlI! SO\JTIlEIU. Y
BOUNDAltY OF SAID 9S1 COMMBRCB~!tUN N'46'14;j(...A1::oNonll! SO\JTIlEIU.Y BOUNDARY OF
SAID 951 COMMI!RCE CEr01lR fOR A DlSTIt.N(:e~*Z)~~ PEET ~ ~ OF """INNING: CONTIt.ININO 19.Gol'
ACRES, MOIU! OIl. U!SS. ,,< l'l/---J ":::" C '-;,./
"'-"-,:....-. ~: '<- \ "-'..;......--/
nus PROPIlJtTY IS SUBJIlCTTOI!ASI!NI!HTS, IUlSBJtVATtOl'lS~1l1lnRICT1ONS OF RIlCORD.
BBAIUNOS RI!FI!R TO THE SOUI'H LlNB OF 9S 1 COMMI!llCI! CI!NI1!R. ACCORDINO TO nlI! PLAT 1HI!IU!OF AS
RECOIlDIlDIN PLAT BOOK 17 AT PAGES 11lIR0U0H2OFTHBPUBUC R8COlUlSOFCOUJEItCOUlfTY, FLORIDA, AS
BB1NG N.lI9"46'14"W.
HOLB MONlES, INC.
CERTlPlCA110N OF AU'IHORIZAT1ON 1.8 .1772
BY f~~ A'~- Jh. ~
ntOMAS M.
P.s.M. ~
STAn! OF FLOIUDA
-",'fGII,,'''''''''
...--"'--- ._-
0:> 00 CO
a:) 0 co
(OO~
~NO
Ol.f)~~
Z~
~ ~-~
-roro
..9:2::>0...
- ~
rom
'D -,
C
CD
OJ
<(
\,\
c...
....
~-
w
~
j
(II
CD
III
n
;
. 1P~~h
"' 17~ ~-v';:S'~
I ! \ \ '--.
7\ ! /!~'-(~"\I\C) !\3,i7--,~
'51- i!+ J-lccT~) f''': ~U'/ \ I
,t ".., '._' ,-- , " . ~ " J -r..-, 1 .
\ '\ '---91 ~ "-i ~ , - '/ "i ..
\~~_'~: '~,"'-!ic ,,;1 ,~,tr~_ "
\1-Y c:l
'- 0 ;-'\.-r--- --.
','P '--------r::.\'.\/
...... I!II' C'l'\'U, ","'-i ,
~.'/"
~~I:;~i~r}~ 'i:.c; ~I
\-'."', ;')11 "'1-1 ;)1, i:C1 '-_': (1'.', ~.,.....-
!31 ,r-..,' f ,- r..l I.l: '-";
.'--.---- --~-'
\ \_i-\-;31~:~'~'~'~I~'
, ".1 '
..."_,' . " . , . . j' 1
i~:t,c'~:~:;-~:: ~:t_~:
1"I'di "I :"', ..I .-." .'~, "'1"';1'
:!I~,';'-~.~'~:g'~: b,!~:~,g
) ,"'j "'...: z' :n' Z' ~".'-"."-
ILl;...;..... .~-. : + i
.+; .. +-..; ~' "':t ", 'I ' :. :...-,' ..,,1
,- __ _,; i;-.JI:, ~d_JI-d-11
- ! I
. ___''''''. .' J. '_.
(
~ '. , .. .. .. ~,
,., ,-
,
81 61
I :
--!-- .
----
"
------.~.
I '
'.,,',j
-",. ".
.go'V" ~
M ..91.97..00 '"
~
tl POOR QUALITY ORIGINAL II
OR: 4187 PG: 2202
:~.
N
.-
0 I
.
N
0
Z
0
i=
lL
~
Co)
III
.....
Q
...J
<
e
~
<
-,..
~z
:::~
:l~
Su
~
0
.....
~
Co)
.....
.....
to ~
III
~
~ lii~h
....; IISII
i ".1
to
~ ~'O~
.- .,....
i~Ui
,sl:!"'fl
.~~
zl~"
-: J J
I LH
;0
'.,"
,~ ~
<: :.
~:~
1-\~\
l~rJ:-i
~i5 ;-:
11;1"I~i
~_.---:--
ii'''';
,<; ::-'!
,'- I ,~J
.... '-
I~;~"
":. <7,
~ .;
~ -0
s
'" -
< 1
<--
'"
""
N
...
~
.
....
"
~'
.'"
,.
0-
<IJ
Z
,
'.... Cl "D"
OZ9ll.L
~I!I;
D.m"'ii
OR: A4,liJ ItPGN02~
January 15, 200S
Page 19 of 55
EXHIBIT "8"
l-75/COLLlER BOULEVARD COMMERCIAL CENTER PUD
LEGAL DESCRIPTION
A TRACT OR PAReB. OF LAND SI1UATED IN l1iE STATE OF R.ORlOA, COUNTY OF
COlIIE~ LYING IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 50 SOUTH. RANGE 211 eAST. BEING PART OF TRACT 1. GATOR GATE, AS
RECORDED IN PLAT BOOK 7. PAGE 2. PUBLIC RECORDS OF SAID COlLIER COUNTY.
AND A PART OF TRACT 2, GATOR GATE.l!NlT2. AS RECORDED IN PLAT BOOK 7. PAGE
54. OF SAID PUBUC RECORDS BEING FURTHER BOUND AND DESCRIBED AS FOlLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF l1iE NORTHEAST
QUARTER OF SAID SECTION 3; THENCE SOO"28'38"W ALONG THE WEST UNE OF SAID
FRACTION FOR 60,00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84;
nENCE sage42'1ll"E ALONG SAID SOUTH UNE FOR 2OO.0CU:EET TO THE POINT OF
BEGINNING; THENCE SOCI"28'38"W AL~ WfTlf AND 200.00 FEET
eA$TOF (AS MEASURED ON A~, ENOicIUR~;;wem-, LINE OF THE EAST HALF
OF THE! NORTHeAST QlJARTER . FEE1';-TI'tl;NC;;E:~'19"E AI..ONO A LINE
p~ I 1=1 wtni AND 800.00 F,E~ OF (AS M~'ON A PERPENDICULAR)
SAID SOUTH RIGHT -oF-WAYA.JNI?'OF' STATE ROAD 84 FOR,1012.88 FEET TO niE WEST
RIGHT-OF-WAY LINE OF coUN1it ~ ~E; NocJo5O:~ ALONG SAID WEST
RIGHT-OF-WAY LINE FOR ~~ FEEf"rGt A~PqINT OF, INTERSEC110N WIT1i A ClJR\IE
CONCAVE TO THE SOtm1WE~Y1~,7,1;~ AND TO WHICH
POINT A RADIAL LINE BE4Rs ~ 1;Hl;NCE'~TERLY ALONG SAID
CURVE THROUGH A CEN'fIWJ.~. Of ~!4ff1:ORli72,...IFE$' TO SAID SOUTH
RIGHT-OF-WAY LINE OF ~J'\=-lL~ '84~~Jl!N~~ ~9NG SAID SOUTH
RIGHT-OF-WAY LINE FOR &111,76 FEET TO THE POINT OF BEGINNING.
\'--,.-" ""-I' . 1-"'" i
\...-, \ \ .. '\i~ J / ......,.,1 f .
SAID PARCEL CONTAINS 18,~. MORE OR~. i /0/
'\1- '''':>_ L I
ASSUMED NORTH BASED ON lHE~ LINE OF THE~EAST Q\..lARlER OF
SECTION 3. TOWNSHIP 50 SOlI1'H;J~A"'~-2~'AS~iNG NIl9"42'19"W.
'-..!..,!f E (' n,,::;S-:/
---------
C
0::
~
~ ~
g}.
~ ]
b i 11'
a 0 ,0
I- ':'"
_ CJ) ~~
fE ;i I~~> i
~qr
LLJ 0:: <
w 0
0::
~I
:>
u.
w
~
~
X
o
0::
0.
0.
04:
JJmJWO'llIA3(I
IlC61IlKINlIIl
.IIBIID:l['JA'(J'I
"IBlN!D J3I1IVJIlISONlliZlO1C SIA va
--
l
fiI
i:;,
~f;;
88
,..0
"z
<i-
:;1<
....1:
<z
~;>
~8
"'0
<i-
<(
~;L
<(~ V')...oooor-
.~ co N ...0 r- \0
><. '-O~N..-..."'Ct..r-..
00' \0 ..a - rr) - N
IXtIl r'l f'I"'J N 0\
""'~
""'
<(
~ :;!
~ -Nf'I"'J~V')b
<( f-o
.
-==:J---Z-= ~
~
D
.'.~.1 i:u.~~M_il:>) :~_lI;"'L~~"].1l ~~_- -.'ii 1"1 -i,:t:l~-::------
;,
i
li-I!~e;~_
I;> ihli!l! 01
i-I
\ ~'_h_h_'_h_'___h____
6' ~~R C~JiS i ~Iii I
00 ~ ~ '~I..:1V" ..... ift):--. I' 9 a.1 i
~ g! 1~(C' i\r~" i !~ i
_.9!!CD I 'f : !
f/)~- . /\1
ooj'li/ .'\ / X I
o.:..O! 'L-- \ \ \ I~'\ !
5 III '~'G([J- "I"~'\\Y'}-\-- - -.J
~ ~E~\ ~ \ J It i ~;/[t-:":-7-_n_--.
< .... "--.::;:/ , -? \ "i~, ^~ !
c .;!.:-E\ "',," : I : !:::::- I
_0-." I ill) ,
'Q \ l.'~ '.: ' . / -- i
\1;1\ "'i'\~)(~5 I
'\?h ~~"X ~;ii!
'<['Ii F i'l V,~;.;/( '\" g Ii ~I I
___:: 'n _~ '. "', 11 (
~ ". ". ", ~_ __ _ __u_ _ _
a::: ~ _ -'-." "'. (
~ ~ ~"~~"'~""I ~Uii
~ Ii \, "",,_ i ~~hl
~ 1 ~ )"---1-________
/._n_n____.._...;;.;;n-.-----n--....... ~ // /:-"_u__._n_..:.._
~ '~UtOlL't"W i .,/ .,/ a 1 N
~
~ti -
I~;-
~~Si
~hf
i
/
~~~ ;' @!M~ "
z
i w
0' '~ ~<w .
~t~ z. w
z~ 1;.... ~~~ ~
:5t-,",:5
i" .~
5~
;:n~i
9!hf
co
co
<0
"
"
E OJ
((l
~ a..
OJ
-0
C
Q)
OJ
<{
~. '--:
,..;.
.,"---.0
---~.
,fll .~""
t.:.,-,
;'j.;'
.w-""
.'
"'
In
"'
?-
m
:I:
~
...,; . ',./
{,.~(~'.:' -",-. ,- ",.- -.. . '.-,~~: ,_ " ';-1
~ . j' :.. .-:~,~.:-:",:-/":..- ~: ..~.", ~ q..:::;.-- '1,
" -'f ~ ~;:: -,,~ .-....~. "",. A~~(- ___"-__. ~~.;.' ~_'h.
_ ,'_ .' ~.~, ~t~:'-~r:ii: _. :t~~~'~__'~~ -'-'1" , 'ii." .-~i' :"" ~. ;:
~"\,\~Qi:;~~'iI100.";.~;i~[-:",,:, ,
~,' ';:~;;"t"~' .", )~\' ..'
" !!~j;i l~ "; "\~'~ i g
"r~f:i./'7\I~ -(~) ~. ;~'j(2 , m, ' Ell..
I',i(f i;:l . ~.,' 8);1,
Jp:i\ ul>. Jet. ',' ,~ I;""'Y .;2
'\<~_.1,~/i~" "..''/ -~-"~:!'~,.:.-;~if~]li:::wf---e ~-
',"- ,10 if",.',' ~,._~,'.~,',.".,,'--'_.'~_'" , 0 Q)
\..:\ i.y~: :.i>;' , 11'-0 /~ c....
\';:"- ',;- """'-:[' /., f~"""I c::: T.: ai
.,' ,)t')'f-::...:~ ,.~~~C:7'~~U
.' ~-O::t '"..;;'".' - _ ~ ,~,:.~~
. '~,_ ,'-'_...-:l-~l' C'-l/"i--, ~ . ,.,
, -,' ;, -,.;:. i ,'f I:' {-1\"Z./: ';'.'.,,'
"---.;~:J::t_:~.~'" ~~. - '~~'~:ti:~~_~-~~~
:,.,;;-.,t~~~.
.i;;-_~:~2 ...-~E~~~~
"..:~~--,..
.~ - ~"~~- ~~~~.~~->
-~- n ..to"::,,....:
". .;%~'-:;"'~~.~:.-; -.. ;:-
.INlINoKYIlL\lI
NDIBIIllNlI1I
-.~y{r-.
....r..t!l.: .
;~ . :- - '
-f
.0';
"
".
.'
-':
,
,
.'
~
,.-'~;J~ ,
~n.~' .
... J . u-~ I 1-1';
" :if;...,.,. :
.>"~:r_i ':',' ';
41I',lj .. .,
t ~1.:1\'" ~ - :
,..' ]'- .L:;_ .. I
~~ -.fr~~-~ ~ "
...~' ...., d~
~\ .!; ~
:._,.. ~":; ......... ,.
-'
...
".,
"
.'
'n
;c:.;..;.
"'~"""<:l'> -
"'..1"'1~"
.;; ::"'"
,
.-..
..~?:::..:.
d "_0 _ ~~"';~'.
:. '~~~.= i':'~ ~~~.f~~~i-~'
..!~~~/:-~~~~t. '
., ~ ..... ~~.: ....
_:~.:;~~ ;.< ." ...;
~
=
'. ::.
-';""
'-':"".
. .C......
.- '':~;;,:.i"
. .-~_.!r
".>~.:--; "
.:,d.
:~
1:~
. -=:."
:~-:; ,
'..-..
r--
L
.~.~/.~~.
'''''=''
L 4l .
~ .. :,-
-=::3-Z-= c
i
olVn HlIUv:JO'1
auGD 1DaVft J1IIDl ,. . SlAYU.
I I
. .
. ,
,
L
. ':,;-:-,-~
)..<
r
;
"
~:-.......-~,"
,~
~:~..
-~~S!
..~_::
l
\.',
~. ~.
.~.
,.
. .','
r' '.:''-' ',:(5~~"~-~;~~~~.~. .'
"". . ~.'- "or '\ . ~ ".... .~ ,
-'. i.; .~.'-.~~J~.r~;.;
;." _1~J;j,~~~-'
- -.:,Ii.-~, .._~
L~
~-
f-
,
}-.-,-
....-,
"'t~~\;;::~~#'
l
"
L :"
.'
{
"
:1
i.
",.'.
-;;"
"
.- ~~ltf~~;:;
, ~~~<~,;,,::..:...;.
~r<~-~~,'
'~..::
"
-~-;_,:c ..
....u:....,_
~~~1~:;
_O~G: 2205
- ~....W:f...'J:..:"---
. ~:;{;.S~~n~~~,
.~.~~~ \:,
"''?J-.. ' ~"
..; .
"'--.,....'-1-
.. .
_',"' ~:'1 ....,
".- .- ~
.. ~, ~
.'- .....:.....
~:\. .~~ ,.-~;.:"/
-.. ...'-.
i""~ . ....
- '
.. -... \ -;;~.
"L'.~ ",".~..~,:::>:":-_.;:;..,,,~t ;
.,
':d;~~
", .
.:.',,,,,
. ,';'''::;'~'-'
:'~-?:;3~~:' .
:-<:;,.'.
;"
.,,~ .
.. - --';..:.;.~.:.
,.
'"t1;~.' .
....... '---,l,'
~1~1
'1
-...
.!,..l,! i.: \ i
. I ~.. _;.. 1 i ~ I
'~...
,..",<..,,
. ".-":.:..' .
. .'-
- , , - . ~
, .. .' .
'.' ....
;-' -- ", .' ~ .
!
\ I
\ ~.."'
.~.
l: r-\:l-T:";~'~ !
.
'.
~.
. .
..:....
".~
"~...-._~~~
~
_:7~-.'~
._~ Z d
-,--..
~...,.':'-.
. ";:.",-"
._~.,
,', j-:.~~iW~:
_...~_"""'-..r,:.
jl,
.'
.
!
,
(
-~'.
.,
.
,l., "
-.'--:-". >:~,
~::"'~'~2'~:i:~.,<.;.;" :
- :.:._- .~"-'~" .~:~_..:'"
EXHIBIT -D"
OR :A~BJ't,BGwo.212Qli
- January 15, 200S
Page 22 of 55
B. Minimum sumdards' noncontormities created ::>v oubtic acouisilion.
.L All lots or yards created alter tile elfectlve dale of 111", Code must comotv
with the reQl.Jiremants rr-.ar: established bv this Code.
."-. No lot even thooah it may consist of one or more abuttina lots of record or
yard ex.istinc at the eff&C1ive date of this Code or lawfullv ex.istina on the
effective date of aoolicallle llmeOOmen1s to this Code shaU lhe",aher be
reduced in its dearee oj comoliance, includina its size, dimension. or area
be!ow the minimum reouirements then set forth in this Coda. exceOf by
reason of a corDon th9reof beinc accuired for oublic use in anv manner
nctudmc dedicallOl1 condemnatton, ourcllase and tile like,
~ ReQuired vards on imoroved lots. lot area. lot coveraae on imoroved
lots. and lot dimensIons rendered nOnconformina or mar! leoallv
nonconfonnfna as ao result of beina acauired for oublic use. may be
reduced bv the same dimeRSlon. area or amount invotved in tnEt
dedicatIon condemnation. (,urcnase, or similar methOd of aCQuisition to;'
DUbUC use. but shaH not reSoJit in a front vard of iess than ten feet /10'1
'" deoth, Accordinctv the resutlino decree of nonconformllv of the
area ar.d olmens:ons of a lot and the reauired yards with thIS Cede's
ttlen current fa uirerJl8fltS-wtH-bs deemed lawful unless or :.Jnti! the
remaininc lot ,or:t~. 'ated.t~Uv bv ~e-deve!ooment, re.plat
or lot re-combina rt..:at.WhU'I.~,sUch.'1ots and 'lards must cc.molv
With the,reoutrements then estabt~' -'Wo,this Code, Further. no
C'..onfor.T-lino.Jof othel'\Mse aualifvina for a'''Iot sol:! or lot line adjustment
curswar:t to/Sac-:-l..Q.,1J2,02. 6,B: 1002.02. "'8~2.1,,04,04-M_~.03.03.A.5
mav,ibe denietbStlCh a~lV on the\\Orounds that the resutina
lot or lots would. be ~.tfia:n the r~uired minimum area for suct" lotis\
in the aDcfUir-g(e .rzonmit"..cfiinct, as::'a I9sbtr of aCQuisition from I1he
aflectJvl" 4,i'Cla~ of t\QjS f~na\ldaJ I IV, ~' V/I i
.-:\ \ 11 \ i ! U, I j r-, I
"j\"~ ../ ~ "'--"> /~ !
b. Othkt-e~istinQ site related 1edat nonckntoHn:ities. includina those
rendered more nonconformina as:.a result Of"8CQUlsmon for DubhC use
and wrflCtl 'nertain to ttliS Coae's"'dr, othef/=oUntv code reouirements.
such as,""but\('jot limited to. stoflTllNafer/mana6ement. tandscaoina or
buffers. ". .or.&S:e'rv-Gs. Cl1~ or off-site',oarkmo architectural des Ian
slanaards '8to(:' Witr"ba---deemed'iiit:uJI\.l nonconformina and aU such
resuttino nonc.o111oniUe$~)'~'//'be allOwed to remain so
nonconforminQ. LihieSS---Qf----ari'fil the remainlnQ lot or yard IS
subseQuentl" re-created or re-develooed. at which time such site
related noncontormltJes and develOPment must :::omolv with the then
ex.istlf'1c re-aUlrements of this Code.
C. In those circumstances where acauisition for oubl~ use of a oortion of a
lot or :J8rO wouJo resun in one or mere nonconfonnitWe that woutd
reQUire aooroval of a deveIooment on:ler or oermit In order to
imclemenr the terms of the acouisition i.e.. in order to cure or remedY
the effect of an acauisition (8.0. an SOP or buildina oarmit raouil'9d to
relocate 3 eriOl" existlna buDdlna} the Countv manaoer. or d8sianee. is
authorized to aoorove such deveboment 0I"der or oemit so lone as
any crier existina !eoal nonconformltv of the tvoe set forth in b. above
would not be inc:reasflej
3. This section may De aoclied to those acouismons OCCUnino Door ~o the
adootion of this ordinance so looa as the ourchase or dedication ot the
crocertv has not closea. or the condemnation oroceedinc relatino !o the
prOCBrtv aCQuired has 'lot reached final disoosition.
C. Othe' than Drov,dad for immediatelY above, reqUired off-street oarkina shall not be
reduced In area or chanced to any other use unless the oermined or oermissible use
that it serves is discontinued or modified or eourvatent reouired off-street oarkina is
orOl/ideo. meetina the reauirements of this LOC.
J
I-
I
I
1
*** OR:AWJ ItPrG1<02~1 ***
.jdllUdl Y I J, 2vJ8
------- - Page 23 f 55
PfW.)JECT N.WE:
PNlCB. NOCSl:
PARENT 11VCT FOt..J) NO.
WARRANTY DEED
THIS WARRANTY DEED made lhs __ __ day of .
20_. by. (hereinafter 'elerr"" to as "Grantor"). whose post offICe box IS [ADDRESSl
to COLUER COUNTY, a political subdivision of the State 01 Aorda, its successors and
asslQOS. whose post affa aCldres.s IS 3301 Tanual'TU TrOlll East. N~s. Flonda, 34112
(hereinafter referred to as -Grantee-).
(W~ uS8Cl _ llle lGl1nlI "Grantor" and 'Grantee' Include aJlllle patties to lhIs
Instrument end _ r.oopeclt./e heh.1oglII represenIIIIMts. successors and assigns.)
WrrNE~, ',~-=;=,~,_ olllle sum 01 Ten
00...... ($10.00) /~ f,I:!:'x.J =- -. . receipt whereof is hereby
__I>d,.ed. " " ,~~ -. conveys end
confinns unto lhe"~ allhat _land ~J,.CoIIier CounIy. Rorida. to wit:
/ v/ '\ \
s.,-, ~.,,:...~ is incoo....\ heriMn by ......"".
! i "'-""C.. ~ \ \
!! -, ,~ '
s.Jbjec!" !!lll!!I; _ic.llo. ~ reseMIliona oi_
I ! !!t'";- , =:-~" ? '1/" \
, , \, i , I I \ \
I iinl;; NOTQ~ eOl~1d~""J.~.
_ 1\ \ /'\ \ I J I (i '~ I I. I
TOOErllER~'''''bitj8nt~~ ~ appurtenances-
-~ of I!"'..., . appet1alr*1g. \'!, 1 1:::/
\'(\",\''k /--'1
TO HAVE:MO TO HOlD \he __ liiw. slrilple cor..er.
..,/~ ,~, "-,'j
\"'1'- i/ l.'l
AND the Granlo) eby covenants wilh s~<l.Grante<l that the Gratltor is iawluNy
seiZed 01 said \an:ho~'$i~~" ql~S;Jan!Il','ftas~~ rqil and lawful authority to
saO and corwey saod ~ .I!if.,~ raol'2! \l."'~Y.{uIty wallan:s !he tJt1e 10 said land
and wiD defend the 10affie ag.a.ItJ..~t~ U~Ci.ain1s of at! pefSOO$ whomsoaver. and L~I
said land is tree of aH &nCumbtances except as not&d abova
IN WITNESS WHEREOF. 1he said Grantor has signed and _ theSe
pn>sen1s \he day and )'98' first abcMI written.
WITNESSES:
By:
[GIWlTOR IWIEJ
(SigMIu...)
(Pm! FulNeme)
(Siptur8)
(Prir1I Full Name)
A LEGAL PROfESSIONAL ASSOCIATION
,Agenda Item No. 16B8
. Janujl.,'Y.15 , 200S
8.10 PARK irHo'j!ia'g'e'24 of 55
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 M'IN
239,261.3659 FAX
banderson@ralaw.com
I_&)ANDRESS II
December 20, 2007
Collier County Transportation
Nick CasaIanguida, Transportation Planning Director
2885 South Horseshoe Drive
Naples, FL 34104
Via: U.S. Mail and E-mail
Re: Davis Boulevard Projects Developer Contribution Agreement (Revised Letter - 2 )
Dear Mr. CasaIanguida;
Per the Developers Contribution Agreement dated February 19,2007 and recorded in O.R. Book 4187,
Page 2189, paragraph twelve states that the Agreement shall only be amended by written mutual
consent of the parties. We would like to amend paragraph three of the agreement which states:
Weslport shall grant drainage easements (the Drainage Easements) at no expense to
the County and Westport and Davis Crossings shall reserve for future conveyance to
the County right-of-way for the expansion of Davis Boulevard in the approximate
locations shown in the attached Exhibit C (the "Subject Parcels"), the exact legal
description of which is to be later determined by the County. The Subject Parcels
will be conveyed no later than December 15,2007, at no cost to the County, and with
no impact fee crecti ts.
'This paragraph has a liquidated damages clause of $1,000 per day for each day past the due date.
Alicia Gayton with Benderson has been working diligently with the Transportation Right of Way
Acquisition department to provide the Warranty Deeds and other easements to the County by
December 15, 2007. All documents are complete for the conveyances with a couple of exceptions one
of which involves a legal description discrepancy that is currently being reviewed. We are requesting a
150 day extension on the due date of this conveyance, to May 15, 2008. When all of the documents
are complete, they will be signed by all parties.
Per our discussion, the extension will not have any detrimental impact to the County's schedule.
Sincerely,
-;-=::.::, . {I.f,
'I:----- ~ ).~1L/.t'~ [AV"
R. Bruce Anderson
Attorney - Representing:
.~-L
-----
DAVIS CROSSINGS, LLC
DAVIS CROSSINGS II, LLC
DAVIS CROSSINGS ill, LLC
DAVIS CROSSINGS IV, LLC
DAVIS CROSSINGS V, LLC
DAVIS CROSSINGS VI, LLC
DAVIS CROSSINGS VII, LLC
DAVIS CROSSINGS VIII, LLC
cc: D. Gustafson, A. Gayton (Benderson)
ClEVElA'ID TOlEDO AKRON COWMBUS CINCINNATI WASHINGTON,D,C. T,"J.lAHASSflO ORiJlNDO FoRrMYERS NAPLES
;43180 v_OZ \ 10ll55,0003
www.ralaw.com
Agenda Item No. 16BS
January 15. 200S
Page 25 of 55
\; ) DEVELOPER CONTRIBUTION AGREEMENT
\/
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this ,,"\\,0[\->':<: e "'\'....M" 2006, by and between
CAMERON PARTNERS, LLC, a Florida Limited Liability Company (hereinafter referred to
as the "Developer"), with an address at 11586 Quail Way, Naples, Florida 34117, and
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County"). All capitalized terms not defined herein shall have the same meaning
as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13,
~ ~ as amended.
~-
~ -
-
-~
~-
-
~~
-=
=~
~
-
...., ,..:
c-~J t.;;
.-- '"
("",---J8_
'"
--
.. - <>Q ~
~ ~iU
P-t6~
~ ~
'"
. '"
'"
("
~
~ .
c--.... Cl P"I
~ ~~
iU ::1:1
-'"
"'~
c.::: ,....a~
C> :l:K:
~ ~
L.("""') ::: c:
LC') ~ .:.;
~ ~
('V"') "~.w
...., ~ ~
cr. .=: :g
m '"
=~
....-
=~
"'~
"'-
~~
....-
'"
'"
o
o
~
~
=
~~
...,
'"
,,'
....
=-
e- ~
H
...~ tlo.. ...".
E_ ~ <=>
'" -
"_ l::Io::: Ql; <0
'" "'....
,., ..,.. to- ~
"V.1:.;c >-1
.-:0::: <:J r-~ DQ
R E C I TAL s:
WHEREAS, Developer is the .owner of approximately 14.80 acres of land in
unincorporat~ Collier County, Florida, located on the northeast corner of Immokalee Road and
Collier Boulevard, on which approximately 50,000 square feet of office space and 45,000 square
feet of retail space will be constructed (hereinafter referred to as the "Development"). The
Development will be constructed on Tracts A, J, K & M of the plat of Heritage Bay Commons
recorded in Collier County Florida Plat Book 43, Page 46-54, which lays within Heritage Bay, A
Planned Unit Development and Development of Regional Impact, approved by the Collier
County Board of County Commissioners on July 29, 2003, by Ordinance No. 2003-40 and
Resolution 03-255. A map depicting the Development is attached as Exhibit A.
WHEREAS, after recording a re-plat of a portion of Heritage Bay Commons, Developer
is willing to convey to the County approximately 2.6 acres of land with an appraised fair market
value of TWO MILUON FNE HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY-
SIX AND 00/100 DOLLARS ($2,506,746.00) (hereinafter referred to a the "Subject Parcel"), in
exchange for a corresponding sum in Road Impact Fee Credits, together with vested
transportation concurrency of the 50,000 square feet of office space and 45,000 square feet of
retail space. A map depicting the Subject Parcel, together with the legal description, is attached
as Exhibit B; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") is in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffinns that:
a, The subject Proposed Plan is in conformity with the contemplated improvements
and additions to the County's transportation system;
~
Agenda Item No. 16BS
OR: 416t~~~i~e
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth-necessitated capital
improvements and additions to the County's transportation system;
c. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, and complies with
the requirements of the Collier County Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agrecment.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Developer shall convey the Subject Parcel to the County in fce simple, free and
clear of all liens and encumbrances, by an executed Warranty Deed, suitable for recording, the
general form of which is attached hereto as Exhibit C. The Subject Parcel will be conveyed at
Developer's option either by a metes and bounds legal description, or, within sixty (60) days of
the date of the recording of the replat of the portion of Heritage Bay Commons owned by
Developer, with the executed Warranty Deed provided to the Office of the County Attorney no
later then 1 year from the date this Agreement is approved by the Board. County will pay the
costs of any title work and searches, and Developer shall be responsible for all costs for
promptly rcmoving or curing any liens, cncumbrances or deficiencies revealed in any title work.
Upon receipt, the County shall record the Warranty Dced in the Public Records of the County.
Except as set forth herein, all costs of recording and conveyance shall be paid by the Devcloper.
With respect to this provision, time is of the essence. It is acknowledged that Developer's failure
to promptly convey the parcel to County, as set forth herein shall result in actual damages to
County, In that actual damages are difficult to ascertain with substantial certainty, the parties
agree that Developer shall pay to County as liquidated damages the sum of $1,000 per day for
each day past the above 60-day deadline that the Warranty Deed is not delivered to County.
Such liquidated damages will be paid in place of County's elaims for actual damages. All
provisions of this Agreement shall survive closing and be enforceable by the County and
Developer and their successors and assigns.
3. If requested by the county attorney, the Developer shall provide to the county
attorney, at no cost to the county, an attorney's opinion identifying the record owner, his
authority to enter into this Agreement and idcntify any lien holders having a lien or encumbrance
Page 2 of 8
~
Agenda Item No. 16BS
OR: 416t'~~~~111~
on the Subjcct Parcel. Said opinion shall specifically describe each of the recorded instruments
under which the record owner holds title, each lien or encumbrance, and cite appropriate
recording information and incorporate by reference a copy of all such referenced instruments.
4. The parties acknowledge that the conveyance of the Subject Parcel is
characterized as property rights acquired by a highway or road agency for the improvement of a
road within the boundaries of a public right-of-way.
5. This Agreement shall not be construed or charactcrized as a development
agreement under the Florida Local Government Development Agreement Act.
6. Effective simultaneously with the conveyance of the Subject Parcel as set forth
above, Developer will be entitled to Road Impact Fee Credits in the amount of TWO MILLION
FIVE HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY-SIX AND 00/100
DOLLARS ($2,506,746.00), which the parties agree is the appraised fair market value of the
Sub~t Parcel. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee
Credits granted pursuant to this Agreement is attached as Exhibit D.
7. The credit for Road Impact Fees identified herein shall run with the Development
and shall be reduced by the entire amount of each Road bnpact Fee due for each Building Permit
issued thereon until the Development project is either completed or the credits are exhausted or
otherwise no longer available, or have been assigned by opcration of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued. The credits set forth herein shall be applicd solely to Road Impact Fees, and shall not
offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer,
its successors and assigns are responsible in connection with the development of their lands. It
shall be Developer's obligation to notify County that a credit or a Certificate is available each
time a Building Permit is applied for, It is expressly understood that the Impact Fee Credits will
be utilized in the order in which the Building Permits are issued, irrespective of whether
Developer assigns an or part of the Development.
8. At any time after the conveyance of the Subject Parcel as set forth above,
Developer may prepay to County one-half (1/2) of the County's estimated Road Impact Fecs for
the Development, less the Impact Fee Credits set forth above. Upon payment of these fees,
Developer shall receive a Certificate of Adequate Public Facilities ("Ccrtificate") vesting the
Developer's Project to construct 50,000 square feet of offic(; space and 45,000 square feet of
retail space solely for the purposes of meeting the County's Transportation Concurrency
requirements. Final calculation of the remaining road and othcr impact fees due will be based on
the impact fee schedule in effect at the time of the issuance of building permits for the 50,000
square feet of office space and 45,000 square feet of retail space. Payment of these fees vests the
development entitlements for which the Certificate applies on a continuous basis for three years
unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after
payment and receipt of the Certificate.
Page 3 of8
~
~
OR: 1r6~~e-m~~1z28~
Page 2S of 55
9. Not later than 90 days prior to the expiration of the three-year period for the
Certificate, the County shall notify Developer via registered mail of the remaining balance due
for the estimated transportation impact fees up to 50 percent, based on level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule then
currently applicable. The Developer may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modify the Certificate to a
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to include only the entitlements for which the
estimated transportation impact fees arc paid. Once the balance of the estimated transportation
impact fees is paid, those estimated fees are non-refundable. The Certificate fUns continuously
with the land in perpetuity after all estimated transportation impact fees have been paid. As
building pennits are drawn down on the entitlements, the estimated transportation impact fees
already paid shall be debited at the rote of the impact fees in effect at the time of utilization. It
shall be Developer's or a subsequent record titleholder's (of all or a portion of the Propcrty; i.e.
lot/tract purchaser) obligation to notify the County that a credit is available, each time a building
permit is applied for. If the estimated transportation impact fee account becomes depleted, the
Developer shall pay the currently applicable transportation impact fee for each building permit in
full prior to its issuance. In the cvent that upon build-out of the Development estimated
transportation impact fees are still unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or adjacent transportation impact fee
district, provided any vested entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements.
10. The County shall grant to the Developer: (a) a "right-in" access to the
Development on Immokalee Road approximately six hundred (600) feet east of the southwest
corner of Tract J of Plat of Heritage Bay Commons as recorded in Plat Book 43, Pages 46-54,
Official Records, Collier County, Florida; and (b) a "right-in" and a "right-out" on the future
Collier Boulevard Extension, presently known as Broken Back Road, approximately six hundred
(600) feet north of the intersection of Collier Boulevard and Immokalee Road (between Tracts M
& J, of Plat of Heritage Bay Commons as recorded in Plat Book 43, Pages 46-54, Official
Records of Collier County, Florida). The Developer is responsible for all costs associated with
the construction of these access points. The access to the Collier Boulevard Extension will enjoy
full movement (right in and out, left in and out) during the time it remains a two-lane roadway
unless in the opinion of Collier County the access must be restricted for healthy, safety and
welfare concerns..
11. County shall grant Developer and its successors and assigns a water management
easement for one quarter of one acre for treatment and storage of stormwater from the
Development in the location within the future Collier Boulevard Extension as depictcd in the
attached Exhibit E. Said easement shall be conveyed simultaneously with the conveyance of the
Subject Parcel, and shall provide that Developer is solely responsible for the maintenance and
safety of the easement area.
Page 4 of 8
~
A!1enJ;l~ Item No, 16BS
OR: 1%1l;tnmJi'f~~
12. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, Developer may assign all or part of the Road Impact Fee Credits,
utilizing the County's then current form of assignment, to the owners of other commercial
property within the Heritage Bay PUD, to successor owners of all of part of the Development,
including successor owners of out parcels, or as otherwise provided for in the Collier County
Consolidated Impact Fee Ordinance.
13. Developer acknowledges that the failure ofthis 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,
14. 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' compliance with
the tenns of this Agreement, then in such 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.
15. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or pennitted 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 Cameron Partners. LLC:
Hannon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A.LC.P.
Transportation Division Administrator
Phone: (239) 774-8872
Facsimile: (239) 774-9370
Attn: John Jiganti
190 South laSalle Street
Suite 1700
Chicago, IL 60603
Phone: (312) 346-4101
Facsimile: (312) 346-4885
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 recognized overnight delivery service,
16. 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 recorded document to the Developer upon request,
17. In the event of a dispute under this Agrcement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
Page50f8
--.
OR: ~I~~~'~~.~S~
~~"e 3l'i or" 5
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. Any future reimbursement for excess credits shall come from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as
all development, as defined by the County Manager or his designee, at the location that was
subject to the credit has been completed. Such reimbursement shall be made over a period of
five (5) years from the complction of the Development.
19. An annual review and audit of performance under this Agreement shall be
performcd by the County to determine whcther or not therc has been demonstrated good faith
compliance with the terms of this Agreement and to report the credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNA TORE PAGE TO FOLLOW
Page 6 of8
Agenda Item No. 1588
OR: 4162an~~e1~1il~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
STATE OF i="lorlc{c...
COUNTY OF (~ll ({ I tr fi.. . n
The foregoing instrument was acknowlcdged before me this J D day otlJ 0 Qefl\ b {,--; 2006,
by Thomas C. Carollo, as Managing Member of CAMERON PARTNERS, LLC, who IS
personally known to me or has produced as identification.
/Cv~ Y;{trmiT}(j)1.
Notary Public
Print Name:
My Commission Expires:
..... . ~~ l' .
A ".,\. '.... 'Ir..D '.
tte&t..-. ',' , ."
DW,IGHT E. B~OC~,Clerk
B~~
iF'" .' '.',' '".... ...... ,...... ,
, ....'.N, "-, .' '".,,-' uty Clerk
. '" 'bL.,".I'.j. I
-t ;. .~:~ t : ,~"f ."\;
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
~./7~ Ct!-I'9-----'
Signature
Rd- A, G1~n~co
Printed Name
,t vu-I if. 7f '" L
Signature /
1!11/?lJJ... ..:r: /J111J
Printed Name
latzkow
ssistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~'-~~
.......---- ..........-::.
----?""'~~~/- ~ ./
FRANK HALAS, Chairman
CAMERONPnRS,ll.C;d
BY:~
Thomas C. Carollo, Managing Member
NOTARY n,BUC.Sl-\'t OF fLORID..,
~ Diane L. KOllioroski
t..'.' · Comn:ission # D1C369, 26::
~"", Ex~l:es:, ~o~. 0<-1, 'W08
HflnJl!(~ Thru ,',L',:inbc ;.;:)!1n~l-,;; co., 1,.;:.
Page 7 of8
,AoPp~a I!~m Nn 1 FiRS
OR: 4101"nQ~p[72J;&s
Page 3:2 aT ~5
LIST OF EXHIBITS A TT ACHED TO AGREEMENT
Exhibit "A" Graphic rendering ofDevclopment
Exhibit "8" Legal description and graphic rendering of the Subject Parcel
Exhibit "e" Warranty Deed Form
Exhibit "D" Impact Fee Credit Ledger
Exhibit "E" Description of proposed water management
Page 8 of8
0'''''' CO
alOco
COO-
___..s::iO
V)
o
:. ([)
E ,-'0)
Q)mC'O
:::;2D....
ro ro'
-0'
c
C!J
OJ
<(
Il
rr.:
, ~' r
.-
'I
: ~
~,
--- ,,-
----~-~
---
~
I II
-....-'"
:Ii:!!
z
~ i~:
EELZ :~d Z91V :~o
~
.'1', 1/8/HiCI
,-~-':~ """!"~..Y;_-
..'m ~ .....
---.---------- "- .-----._----_.--
-~
" I
1
:j'
: .. ~
'" I
: ~:
:;-; I
'ii I I
I:: I
,,, ,
;!! ~ i- :: I
T 'j Il,
" II"! I
il l~' I
" ,I ~, I'
i ',:
~_;! ii,
~i : I
i. ! I
~ f: I I
I l ii ! j
\ :: I I
! '
! ",
i it i I
_._n__.;.;;;;:;.,,;_ _n __=.-..::.:~~__'J I-.n..----j i
,,,,"<_u"~;'1 '
-'------....,-."....-- I
....,_oJ"""""_..
n_3ll<./O.wllDl
~
I;
~
-~
.
l-
i!
l"
,
ii
II
:l II
1'11/111:
hUIiI!
;;~;~~!=
~.i
...",,<;;:
.~~
':;f........
, -'
:::~~...
._~.~
~~"",~Ci
<;>~\;! '"
~c.::~::l-~
,~~. .
(~ ~~;~:
~ a:~~:i
- ~~"';
" ~2" c.
~ ~r2~~~
i
~
~
,
~
a
!." ,
. : 't! '
L___
.
h
~I~
~. g
~~: ~
..!e
....;"..
"'!~
..;~13
<
~2
r
II '
ij II
Ib
I .
i i;
I
, '!Ilr-
I! :IB~
,..
I ~,t ~
I lill!
I
~ I I
,
. .
,
I
r----
I 1---
,
I
,
I
I
,
I
,
,
I
! i
, I
I
I
.'.<
---
CV')
r-
C"-J
~
"'-'
C"-J
...:>
~
---
Cl:::
C>
,< ,"-: -~:;" -',< ..-' ~,,>~; :;.;";'~~:~J' ~:"< "~': -~~~L -..:,~~.> ,',. ., _ ',_' :,l .~:._;ltJ, ._.~~"o:~~~.:::i;Y'J:": <~?O,~_,;,;~".:,-,,}.,:,;l~__-~
, HERITAGE'SA\' co'),II~QIIl$;PORTlONCbFtRAcfs"J.~"A';, 'K~
Being a: portion of Sectron 23,
Township 48 South, Range 26 East,
Collier County, Florida
A parcel of land being a portion of Tracts J, A, and K, Heritage Bay Commons, Section 23, Township 48
South, Range 26 East, Collier County, Florida, being more particularly descnbed as fo/lows:
Beginning atlhe Southwest corner Tract" J" Heritage Bay Commons, Pial Book 43, Pages 46 through 54,
Collier County, Florida; thence N.OO"50'35'W., along the Westerly line of said Tract "J', also being the
Easterly RIght-of-Way of Collier Boulevard Tract "R-4", Heritage Bay Commons, a distance of 150.00 fee~
thence S.8S"38'12"E., leaving said Right-of-Way Collier Boulevard, a distance of 528.79 faet to a point on
the Easteriy line of said Tract "J", also being the Westerly line of Tract "/!.", Heritage Bay Commons;
thence S.83"32'10"E., leaving said Westerly line of Tract "A", a distance of 314.53 feet to a point on the
Easterly line of said Tract "A", also being the Westerly line of Tract "K", Heritage Bay Commons; thence
continue S.83"32'10"E., leaving said Westerly line of Tract "K", a distance of 290.98 feet 10 a point on the
Easterly line of said Tract "K", also being the Westerly Right-of-Way of Goodland Bay Drive Tract "R-2",
Heritage Bay Commons. and a point on a curve; thence along said Right-of-Way of Goodland Bay Drive
and the arc of a non tangent curve concave to the West, having for its elements a radius of 182.00 feet, a
central angle of 13"36'21", a chord of43.12 feet, a chord bearing of S.12"23'28'W., an arc distance of
43.22 feelto a point on the Northeriy Right-of,Way of a 100 foot canal, Official Records Book 10, Page
390; thence N.89"S6'23"W., along said Northerly Right-of-Way of 100 foot canal, a distance of 1.117.46
feet 10 the Point of Beginning.
Containing 2.62 acres, more or less.
Subject to easements, restrictions, reservations and rights~f-way of record.
Bearings are based on the South line of Tracts J, A, & K, Heritage Bay Commons, Plat Book 43, Pages 46
through 54, Comer County, Florida as being N.89"56'23'W.
Mav 31, 2006
Date
Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper
P.I.N.: N0442-700-000
Ref.: D-0442-206
Date: May 31, 2006
Exhibit "B"
Page 1 of2
Ott/CB8 strategicallv locattld to serve Qar cllentl BDO.649.4336
fott Mr<n omce 4571 Colonial BouJevaJd . fori MyeIS, F/ofida 33966 . 239,939.1020 . Fax 239.939.3412
lIIumnmilllJr.CtJI1l
$41~44471 .....OU.CiBRCM'H
-
1'04>U-cM-CJCM..SLQl..801T
WII$QI1MII~r.llJc.-FL.uC..fJL(;-r;(](J0170
0'''''' ""
roO""
(00_
..,......,~o
~ jl
'"
E L'cn
2~~
- ~
rom
-0'
c:
ill
0>
<(
I
I ' '
. \.
I!!!!l
! 11' I
, ,
II
I'
Illl
I
II ,
1 ~~
~ ~~
i ~.
! :;~
~~h ~'"
~IH l;\~~
~;~. ::
~li~
i:.1 ~ ~
,;~2 ~
,
.
,
I ;11'!llllr:ijll~l"III!"
,5.., I ..Il.. III! '"
.. ';li~11 ~U=<IiI" iii; !... ..,
i !1:lllllj'I'1111 :1' .11
I '1'1' 111!.I,i!~II,1 i.1
. !t;:~;ll'ill!iil~!ll .Ii
! 1!I;illli'll~i:;!I!! !!j
;ii::iii;II~!!:J:'11 Ii
'1..8 ..e !Ii!"j · I"
1..,Sllli.11 "1"1 i
':lli~!l':I';III.U i.
l.i.....1 "'1'" 'I
I -!'l 'ii I ,II '
I Hi
" . I ! ~l
td I HI
o'
. .
. :J! f!;
t
. _I '.,
. 'I'
. 1,1
i q , "
, i I IH
,
. ,
~
.
III~~-~=~
, , -~---
i 1 i" Ii:
'I' 1:1 i!i' !
I it; I
! t ;:: ~
I i iii I i
: i I : iJ ~ ~ r ( ~
II: Ii II' Ii 1:::::0 ::<~~:o:::o--::::_:i:l,./ "
~ iii; ,;: l: y
I!," ~ I I ;,.,
'! I :~1 iii; !
:..i ~ J
i~ ~ I
l!i -: j
i;L _C:~______~n____+_____J
:::-.: .r;r:;.------..---~' ,om
::: I
:':; iii;
::i '
'" Ii
1i; ~
..,
--J~ !
I:i
I I 1Bl:
i : i
, I "
I I "
I II
, , I!:~
i I i 11
I
, i
i : I
, I '
, '
I ' I
, I '
, ,
I i I
[XHIBIT '8"
PAGE 2 OF 2
-~
OR: 4162 PG: 2735
"
j\
I
,
!
<
"
_____.___.h_____1
-
:-.~"'1~~L--
-----.-~-------i-l
, ,
.
!
<
~~~" .-
~-..--
'~I
~~~Z
, ,
. .
..J
;
,~
Agenda Item ~Io. 1688
I::>nllc:>r'"\' 1 h, ?nng
PFici~ 36 of 55
PAO.EllT NAME:
PAAOEI. NOllll:
PAReNfTlWrrRlUO NO.
WARRANTY DEED
'-.D
m
<--
c--.I
THIS WARRANTY DEED made lI1is _ day of
20_, by, (hereinafter referred to as 'Grantor"). Mlose post ofllce box is [AODAESSI
TO COLUEfl COUNTY. a poilicalsubdivision 01 It1e SIBle 01 Ronda, lis S\JCC8S""'" and
assigns, whose post office addre.. ill 3301 Tamiarni Trall East. Naples, Rodda. 34112
(hereinafter relened to as 'GranIH,.
C)
P-.
(Whe_ used _lhe l8nne 'GranIC(' and "GnInI8e' Indude ..1118 ~ '" INa
In8trument and Ih8lr ~ hoh.1egaI rep....~, .."" f 11M and-.lgna.)
WlTNESSETH: That the Glamor, I", and In _ 011118 ..... 01 Ten
Dolors ($10.00) and other valuable cansldeldon. receIpI _ is twebv
ac:km"'f.dgecl. hnlly a<anle. batpIno. ..... aIIna. ,...,..., ""-. ~ and
CClr1firlIls UIlIO 1118 G....... II thaI_18nd _ In Coller Courlly. FIodda. '" wit
See AItached ElC!llbIt 'A' which is &_po.alt.J herein by ...........
C'-I
'-0
......
--
~
<::>
S<Ibjoct to r as I mania, ~ and ~ 01 NCOId.
This 10 HOTh Hcmeelead _rtv 011118 Gnn>r.
TOGETHER _ olIlhe Ien8menIa, __ and ~ lher8Il>
b8tongIng '" In MYWiM lIpp8I'I8lnIng.
TO HAVE AND TO HOlD !he ..",. In fee 1lmpIe_.
AND the Grantor hereby <:<MInan" w1111 said GranT"" Ihallhe Granter I. lawfully
seized of said land In f.... simple; Ihal the Grantor has good rl\t11 _ lawful aulhorily to
sell and convey said land; lI1at the Grantor hereby fuily W8mll1lS !he liIIe to said land
and will delend Ihe same agoinsllhe lawful claim. 01 all persons whomlICl<lI<er: lII1d lI1at
said land is fraa of an encumbta()Ctls except as noted above.
IN WITNESS WHEREOF. Ihe aafd GranIDf has 8lllr*I and _ bU
P/-*' Ihe day and _ ft!8I abcMo wr1l18n.
WITNESSES:
By.
[ORAHTOR IWIEJ
(SlgnaluI8)
(PrlntFul~}
(SigIahJnl)
(PrinI Ful Nome)
EXHIBIT C
EXHIBIT D
HERITAGE BAY CAMERON PARTNERS DEVELOPER CONTRIBUTION
AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
~ -----UAgenda Item No. 16BS
January 15. 200S
OR: 416 2 p~elT3'155
Heritage Bay Cameron Partners
l Beginning Balance!
$2,506,746.001
DATE PERMIT . CREDIT AMT BALANCE COMMENTS
Becinnina Balance 52.506.746.00
,
co ro "'
coo"'
",0_
.,..-NO
OtDCO
Z~'"
,:=ci'S,
-"''''
~ ;2CL
rom
'0-'
c
QJ
'"
<(
.......
il
r--
I (
, I
I I
, I
I I
~ I
! i
i I
Ii i
I !
"" :1
j :1
-.---
-,-
<3
..
c
'"
..;
,
,
,
,
i
I
!
.'
i
r
C\
'"
..
,
,"
h
U
~
h
,
,
L________
---.-.
---.
-~--
---.
~,
.
~
ii
"
.
f
~~~ 8ELZ :8d Z91v :~o ~~~
'-'
I~
II
"
.!
'I
I I
i I
, I
I I!
i 'I
, I,
IJJ
, I
! (
! I~
1111
, II
Ir..
'f'
! I
I,
, I
WlI.OI)"'&1IIIIIrnllXl(I\--
I,
fJI
/1/
':
'I'
1,/'
If,
/1,
I,
.,
'I'
I"
Iii
,,'
:;1
"J
rl,
'"
ill
/I}
I,
'"
I!I
"
III
}11
'I'
f,1
! s!!
11!/
,I,
III/ ~
I 1'1 'o:t
Lffl
111
,,'
UI
,,,
>- I;:; iii
: ~ !Iii
d..~ Iii
QI' 'il
t:l "'!~ IU
~ ~~ Iii
'I'
---fJ!
~
"-
0>
.;
C\
'"
..
,
,'"
h
U
~
u
..
~
'"
,u
h
U
..
g:
J-~
1 )
f ')
-~~"..----:--" "
.. ,t
n n~
; 111\1
:,11 11 K
~Ii uq
. (I
,I (I
~' -j /.~ I
i i ii H ) Iii'
HW ,
Ilj: ~ I
I 11,11 r
, j Ii I: \ II
~ ~ : 11 \~I :
I ~ i I II
i I ]1: ' I
~ ! 1! 'I I r
8 I. ~I I "' !
, ! iI1! II~ I
, I . i, I i: i !
J.. Jl i i i i I
; I! !I';;;',:
" I 'r<' I
I : _:~ ~ I
I,: i i1 \
,,", 01
, , ~: i
'I I ,-I
'l... ; wJ:
1:1 I Ii
;J !:
, "
\I.,: il
,t '
'I
r,
I I
--,-__-:c- - - _ ~
-----=-IIC*NUDI.........- ~
;
"
~~
1'~
i~
i~
.~
'"
.
...
~
g
~
~
~
.
.
i'
, \'
I, ~ Dt'J:."'
II I: I
I
.
~
"
~-~-
,
ij
p
, ~
L IIi!
~!, I
l! Q ".
~
~ ~ ~
..
'm
C,)-
Zll
-l!!
=1
z~
.gill
lU~-
wz:!
Z"il
_r!!
Oi-
Z"~
lU~~!
z"-~
O!i:~d
IItfl=,.
~U;
C::l~~
1:1- ..
N~
~~
~'
f
It l:!
~f~,
~ fl~;
t"i5~'~
ffi~l-
~"
il U
a
Agenda Item No, 16BS
January 15, 200S
Page 39 of 55
December 20, 2007
Via: U.S. Mail and E-mail
Collier County Transportation Division
Nick Casalanguida, Transportation Planning Director
2885 South Horseshoe Drive
Naples, FL 34104
Re: Heritage Bay Commons Developer Contribution Agreement
Dear Mr. Casalanguida:
Per the Developers Contribution Agreement dated December 12, 2006 and recorded in O.R. Book
4162, Page 2725 ("Agreement"), paragraph fifteen states that the Agreement shall only be amended
by written mutual consent of the parties. We would like to amend paragraph two of the Agreement
which states:
Developer shall convey the Subject Parcel to the County in fee simple, free and
clear of all liens and encumbrances, by an executed Warranty Deed, suitable for
recording, the general form of which is attached hereto as Exhibit C. The Subject
Parcel will be conveyed at Developer's option either by a metes and bounds legal
description, or, within sixty (60) days of the date ofreconling of the replat of the
portion of Heritage Bay Commons owned by Developer, with the executed
Warranty Deed provided to the Office of the County Attorney no later than one
year from the date this Agreement is approved by the Board.
This paragraph has a liquidated damages clause of $1,000 per day for each day past the due date.
Our attorney, Paul Heuerman of Roetzel & Andress, has been working diligently with the
Transportation Right of Way Acquisition department to provide the Warranty Deed and other
transaction documents under the Agreement to the County by December 12, 2007. We are
joining with County staff and requesting a 90 day extension on the due date of this commitment,
to March 12, 2008. The documents were only reviewed this week by the County Attorney's
office and they are requesting several changes to the documents and documents attached to
DCA.
Per our discussion, the extension will not have any detrimental impact to the County's schedule.
/
Thomas . arollo,
Manager of Cameron Partners, LLC
cc: J. Jiganti (Cameron)
543413 v_OI \ 111703,0007
~
~
~
~
-
..
-
u
..
""
~
-
<:::> ,..;
.--I ~
""
~=
"""-J 8: ""<I
~
"" -
... PQ .-'1
c..!:)::; u
~ ~ .
- =-
u u
'"
<-~""
000-
~~ -
~ "'-
~ ~-
u ..
-=
.... Il:>;:; .......
~0--:1~
<:::> ~:a:
u...
_.~~
,~ -~
\..0 ...... ..
"" =
'-0 -
r--- ~ .......
<- ~..,
CT'> 0 ~
c-> .-< ~
=-
- ~
=~
"'~
0-
u_
-=
""
~
Agenda Item No, 16B8
January 15. 200S
Page 40 of 55
DEVELOPER AGREEMENT
MYSTIQUE
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this do of ~dtV~7 ' 2007, by and between WATERWAYS JOINT
VENTURE VII (hcrcinafter referred to as the "Developer"), with an address at 14627 Collier
Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida (hereinafter referred to as "County"). All capitalized terms not defmed herein
shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance,
Ordinance No. 2001-13, as amended.
RECITALS:
WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated
Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier
Blvd., which will be residentially developed (hereinafter referred to as the "Development''). A legal
description of the Development, together with a graphic rendering, is attached as Exhibit A; and
WHEREAS, the Florida Department of Transportation ("FDOT"), as part of the Davis Blvd.
expansion project, has identified a I O-acre portion of the Development as a pond site, together with
the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the
pond site, which pond is neccssary for the attenuation of storm water off of the expanded Davis
Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred
to as the "Pond Parcel") is attached as Exhibit B; and
WHEREAS, Developer had intended the Pond Parcel to be utilized for both future
development and native vcgctation preserve pursuant to the County's LDC, and for wetland preservc
credit through the Environmental Resource Permit process with the South Florida Water
Managemcnt District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of
Engineers; and
WHEREAS, to prcserve the Davis Blvd. road project, and to reduce costs of future
condcmnation, when the presently undcveloped Pond Parcel would be developed, County has
offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with
the County's right-of-way purchase policy; and
=
""
~
~
-~ =
OJ ~ '"
~ ...
-= ..
- 0_
'" ~
"".... -
-... ~
.... ~ ""
= - =::>......
1-1 <=> oc:c c;Q
~~~ .
;; ~ .. '\" WHEREAS, the County acknowledges that by conveymg the Pond Parcel to the County,
~....: ~ ocn
~ :-: ~ ~ County shall not require the Developer to providc any native vegetation prcserve on the remaining
20+/- parcel; and
WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of
$3,000,000 in impact fee crcdits, provided that the Developcr by doing so will not be in violation of
any County ordinancc or regulation with respect to the Development not having sufficient prcserve
area and other requirements or violation as a rcsult of the conveyance; and
WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50-foot strip of
land adjacent to Davis Blvd. for use in the Davis Blvd. expansion project. A legal description and
r\r\
,~
.--<
.--<
CO'">
c--1
<:9
"'-'
c-
eo
.--<
--
0::>:::
C>
~
Agenda Item r-.Jo. 1688
January 15, 200S
Page 41 of 55
graphic rendering of this right-of-way strip (hereinafter the "ROW Parcel") is attached as Exhibit C;
and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") is in conformity with contemplated improvements and additions to the County's
transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board fmds
and reaffirms that:
a. The subject Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system;
b.
Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to frustrate
or interfere with other planned or ongoing growth-necessitated capital improvements
and additions to the County's transportation system; and
c.
The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-ycar capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County
Consolidated Impact Fee Ordinance.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the parties, and in consideration ofthe covenants contained herein,
the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. On or before December 15,2007, the Developer shall convey to the County both the
Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both
Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances,
made by executed Warranty Deeds provided to the Office of the County Attomey, suitable for
recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of
any title work and searches, and Developer shall be responsible for all costs for promptly removing
or curing any liens, encumbrances or deficiencics revealed in any title work. Upon receipt, the
County shall record the Warranty Deeds in the Public Records of the County. Except as set forth
herein, all costs of recording and conveyance shall be paid by the County. With respect to this
provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the
parcel to County, as set forth herein shall result in actual damagcs to County. In that actual damages
are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to
Page 2 of8
~
~
OR: 41~~a P&i [,!23i1s3:8
January 15, 2008
?age 42 of 55
'~
County as liquidated damages the sum of $1,000 per day for each day past the deadline that the
Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of
County's claims for actual damages. Notwithstanding anything to the contrary, County shall have
the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written
notice of such election no later than December 14, 2007. All provisions of this Agreement shall
survive closing and be enforceable by the County and Developer and their successors and assigns.
3. The Pond Parcel is being acquired for public use, in lieu of future condemnation.
Accordingly, except with respect to prescrve requirements, it is expressly agreed that the provisions
of LDC SI.04.04.B (Ordinance No, 2006-07) shall apply to this Development and subsequent set-
back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to
preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel
shall be mitigated off-site by the County within I year from the conveyance of the Pond Parcel to the
County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water
Management District, will be mitigated for on a I: 1 basis with like for like habitat through the
Conservation Collier or similar program. Following the acquisition, no further native preserve
pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible
for any mitigation for any listed species and wetlands impacts mitigation required by any permitting
agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the
conveyance ofthe Pond Parcel shall be the responsibility of the County.
4. Developer shall receive, at closing, as full compensation for the Pond Parcel and
easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier
County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint
venture party in thc impact fee district of the Pond Parcel, and all adjacent impact fec districts. A
copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Crcdits granted pursuant to
this Agreement is attached as Exhibit E. These Road Impact Fee credits may be assigned at any
time to any another developmcnt within the same or an adjacent impact fee district provided that all
parties to this assignment of impact fee credits comply with all then-current rules and procedures of
the Collier County Inlpact Fee Administration section, and execute all then-current County approved
assignment forms.
5. Developer hereby grants County an option to purchase up to an additional three acres
adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40
dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or
$666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres,
the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If
exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option
to purchase shall be exercised by County giving Developer written notice of such election no later
than December 14, 2007. In no event may this option reduce the Developmcnt to less than 160
dwelling units. Should County exercise this option, the conveyance of this additional acreage to
County shall be conducted in the same manner a, set forth in Paragraph 2 ahove, except that
payment for this additional acreage shall be in cash, and not in impact fee credits.
6. The credit for Road Impact Fees identified herein shall run with the Development and
shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued
thcreon until the Development project is either completed or the credits are exhaustcd or otherwise
no longer available, or have been assigned by operation of or pursuant to an assignment agrecment
Page 3 of8
r\
-
.~
OR' 4fB1~~t'v 1~ ~i~~
. r-~e "+J-b~55
with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the
amount of the Road Impact Fees in effect at the time the Building Permit is issued. The crcdits set
forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any
other charges, fees or other Impact Fees for which the Developer, its successors and assigns are
responsible in connection with the development of their lands. It is expressly understood that the
Impact Fee Credits will be utili<!:ed in the order in which the Building Permits are reviewed by the
Impact Fee Administration, irrespective of whether Developer assigns all or part of the
Development.
7. The County will require an approximate 15-20 foot drainage easement to connect
Davis Blvd. to the Pond Parcel and an appropriate 20-foot wide access easement to maintain the
Pond Parcel, which easement must be approved by FOOT. This easement will be identified by the
parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely
site for this easement will be along the eastern boundary of the Development. To the extent
possible, any required buffers or landscaping that will be within the easement boundary will not be
installed until the drainage pipe has been laid along the easement. County or FDOT shall supply
Developer with all necessary drainage pipes, fencing, and ancillary structures, which Dcvcloper, at
its sole cost and expense, will install in the drainage easement during the earlier of the construction
of the Development or within a commercially reasonable time following written demand hy County
or FDOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this
provision can coincide with the Developer's site work. If for whatever reason Developer is not able
to commence this work following such written demand, then County or FDOT, at their sole cost and
expense, shall do the installation. County will pay the costs of any title work and searches, and
Developer shall be responsible for all costs for promptly removing or curing any liens,
encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the
easement in the Public Records of the County. Except as set forth herein, all costs of rccording and
conveyance shall be paid by the County.
8. It is anticipated that the Developer will need an approximate 15-20 foot wide
drainage easement through thc Pond Parcel to connect to its outfall. At Dcvcloper's written request,
County shall promptly provide the Developer with such an easement through a mutually agreed-
upon location. AIl costs associated with this easemeut shall be paid by Developer.
9. The County will provide the Developer with the ability to upgrade the fencing
between the Pond Parcel and the remaining land at the Developer's expense.
10. The County will use its best efforts to obtain all required permits for the storm water
pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on
written notice by County or FOOT, Developer at no charge to County or FDOT will construct the
storm water pond, in accordance with all plans and specifications provided to Developer. This
provision is intended to coincide with the Developer's site work. As full compensation for this
construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize
the excavated material within the Development. Developer will be responsible for removing and
properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the
storm water pond. If for whatever reason Developer is not able to construct the storm water pond
~
..-f
m
""
~
p..
r-
oo
..-f
~
0:;
C>
~
Agenda Item No. 1688
January 15, 200S
Page 44 of 55
I I. For a period of one year, commencing with the date first above written, sufficient
development trips have been approved and reserved through the normal development review
process. During this one ycar period, Developer may permanently reserve roadway capacity for
up to 206 residential units. To exercise this right, Developer shall prepay to County one-half
(112) of the County's estimated Road Impact Fees for the Development. Upon payment of these
fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting
the Developer's Project to construct up to 206 residential units solely for the purposes of
meeting the County's Transportation Concurrency requirements, and unless specifically required
by law, the County shall not thereaftcr withhold the issuance of any Certificate of Occupancy
based on the County Transportation Concurrency requirements. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in effect at
the time of the issuance of building permits for such units. Payment of these fees vests the
Developmcnt entitlements for which thc Certificate applies on a continuous basis for three (3)
years snless other"..ise relinquished. This initial 50 percent impact fee payment is non-
refundable after payment and receipt of the Certificate.
12. Not later than 90 days prior to the expiration of the three-year period for the
Ccrtificate, the County shall notify Developer via registered mail of the remaining balance due
for the estimated transportation impact fccs up to 50 percent (50%), based on level of building
permits already issued. The balance of the impact fees due will be calculated at the rate schedule
then currently applicable. The Developer may elect to pay the balance of the estimated
transportation impact fees [or the entitlements [or which the Certificate applies or modify the
Certificate to a lesser entitlement and calculate the balance of the transporlatiou impact fees on
the revised entitlements. The Certificate shall be modified to include orily the entitlements for
which the estimated transportation impact fees are paid. Once the balance of the estimated
transportation impact fees are paid, those estimated fees are non-refundable. The Certificate runs
continuously with the land in perpetuity after all estimated transportation impact fees have becn
paid. As building permits are drawn down on the entitlements, the estimated transportation
impact fees already paid shall be debited at the rate of the impact fees in effect at the time of
utilization. If the estimated transportation impact fee account becomes dcpleted, the Developer
shall pay the currently applicable transportation impact fee for each building permit in full prior
to its issuance, In the evcnt that upon build-out of the Development estimated transportation
impact fees are still unspent, the remaining balance of such estimated fees may be transferred to
another approved project within the same, or adjacent transportation impact fee district, provided
any vested entitlements associated with the unspent and transferred transportation impact fees
are relinquished and the Certificate is modified to dclete those entitlements.
13. The Developer may terminate this Agreement if the contemplated conveyance of the
Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent
with the conceptual development plan as shown in Exhibit "B" bccause of permitting restrictions
resulting from the pending conveyance. Should Dcveloper so terminate this Agreement, and should
Collier County or any other government agency in the future, including but not limited to FDOT,
seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project,
Developer will accept thc sum of $3,000,000 as compensation for the Pond Parcel. The Developer
r\
Page 5 of8
Lrl
.......
......,
C"-.J
~
p...,
..-
ex:>
.......
-=:r
p::;
c::>
'~
"-.-/
Agenda Item No, 168S
January 15. 200S
Page 45 of 55
reserves the right to make a claim for severance damages to the remainder parcel resulting from such
condemnation. This provision shall survive any termination of this Agreement by Developer.
14. This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
15. Thc burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, Developer may assign all or part of the Road Impact Fee Credits,
utilizing the County's then current form of assigrunent, to successor owners of all of part of the
Development, or as otherwise provided for in the Collier County Consolidated Impact Fee
Ordinance.
16. 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.
17. 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' compliance with the terms of
this Agreement, then in such 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.
18. Except as otherwisc provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. 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 ovemight delivery service, and addressed as
follows:
To County:
Waterways Joint Venture VII:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, ALC.P.
Transportation Division Administrator
Phone: (239) 774-8872
Facsimile: (239) 774-9370
Attn: Richard Davenport
15122 Summit Place Circlc
Naples, Florida 34120
Phone: (239) 352-66 I 0
Facsimile: (239) 352-1460
Notice shall be deemed to have been given on thc next successive business day to the date of the
courier waybill if sent by nationally recognized overnight deli very service.
19. Developer shall cxecute 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
r\
Page 6 of8
''-"'
Agenda Item No, 16B8
January 15, 200S
Page 46 of 55
this Agreement. Developer shall pay all costs of recording this Agreemcnt. The County shall
provide a copy of the recorded document to the Developer upon request.
20. 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 couclusion of this procedure,
either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce
the terms of this Agrccment, said remedy being cumulative with any and all other remedies available
to the parties for the enforcement ofthis Agrecment.
'-C>
..........
<""'>
c--..J
21. Any future reimbursement for excess credits shall come from future receipts by the
County of Road Impact Fees. However, no reimburscment shall be paid until such time as all
development, as defmed by the County Manager or his designee, at the location that was subject to
the credit has been completed. Such reimbursement shall be made over a period of five (5) years
from the completion of the Development.
~
p....
~2. An annual review and audit of performance under this Agreement shall be performed
by the County to determine whether or not there has been demonstrated good faith compliance with
the terms of this Agrccment and to report the credit applied toward payment of road impact fees and
the balance of available unused credit. If the Collier County Board of Commissioners finds, on the
basis of substantial competent evidence, that there has bcen a failure to comply with the terms ofthis
Agreement, the Agreement may be revoked or unilaterally modified by the County.
c--
<X>
..........
<dO
=
c:::>
IN WITNESS WHEREOF, the parties hcrcto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
i: "l ':Ir...
,.' i';;'^'
Attest: .. .,..~
DWIGHT E;B~OCK,Qe,.k
,',' '.' -
" ....;..
BOARD OF COUNTY COM.\1ISSIONERS
COLLIER COUNTY, FLORIDA
BY.~_
JAM , al
-<
By:
Athst . ,~'(\.r-..l, .
SlllRttW't .1'(: $1". .-
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
Waterways Joint Venture VII
By: Waterways at Hibiscus, Ltd. Partner and by
W-'~2"'" '" $ ,,\, Grnornl ''''''"
By:
Richard avenport, as President of
Waterways Development, Inc.
~e\.\,.~..j~ '~E':=-'
Printed Name
hlq;e bOfmlle-z.-
Printed Name
Page 7 of8
r-
...-
.......
........
~
"-'
r-
OD
...-
--
0::
C>
~.
Agenda Item No. 16BS
January 15, 200S
Page 47 of 55
STATE OF ~fif1
COUNTY OF . y- II
The foregoing instrument was acknowledged before me this 2/)T day of F(tJruar~ ,2007, by
Richard Davenport, as President of Waterways Development, Inc., as General Partner fWaterways
at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me
or has produced as identification.
Approved as to form
I al ciency:
Notary Pu
Print Name: STA(F~~T~
My Commission Expires: I! \<\" WIQ
...'t..~':.~'''''''''''''' STACEY M. LOFTY
{J'.m~t-""':'o Notary Public. Stale at FIMtfi
~. : . ~ Commission E~pire5 Joo 28. 2010
~;J,'>-t "rJ:.4l COlll':1ission II CO :>69297
""OI'h,."
""'"'' Bonded By National Notary .....
latzkow
sistant County Attorney
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
LIST OF EXHIBITS A IT ACHED TO AGREEMENT
Legal description and graphic rendering of Development
Legal description and graphic rendering of Pond Parcel
Legal description and graphic rendering of ROW Parcel
Form of Warranty Deed
Impact Fee Credit Ledger
r\
Page 8 of8
r
N
~~ '
=-r
~ rl'
w
00
.-t
....,
~ S
Cl
0...
r--
00
.-t
""""'
=
~
TRIAD PUD
SADDLEBROOK
VILLAGE
Y\!.D
--- ~~--
OA~ BOULEVARD (SR 84l
'-./
Aoende Itern f'.,in 1r;;:p:~
January 15, 200S
C"\~~ ~ ~.., _r r,-,.-
EAST
GATEWAY
PUD
F:
CEDAR
HAMMOCK
PUD
I
I
I
I
I
)
--=----
~
WESTPORT
COMMERCE
CENTER
PUD
....or1Uory J. 2007 11.2B AM 0;'\2005\0501 r 7.00.03 .uystiqu'!! [ng;Meriflg\'JOO1 Generol C;)!1SlJf:ofiO'l\500' r7000:JXAdw9
CEDAR
HAMMOCK
PUD
EXHIBIT A
PRO.JECT
SITE
SKETCH & DESCRIPTION
THIS IS NOT A SURVEY
I
L
~
NORTH QUARTER CORNER,
SECTION 3.
TOWNSHIP 50 SOUTH,
RANGE 26 EAST
SOO'OT06'W -\-----
14659' ---.....'
,
o rl~ p. 1 P.
I~ I -I~ ') nQ
'--/
Page 49 of 55
N
w
,~ ""=
~r
E
s
C1
DAVIS BOUlEVARD (SR 84)
----- ---
0">
........ 2:
C""')
c--.J "0
"-
..f
c:.9 ....
a>
p...
r-- ~
co :..,
........ on
""'"' ..
....
~
~ ,~
C)
'"
.0
"-
0
b
0
"
2:
'0
o
'"
o
N
~
-",
"'
o
<0
o
N
w
in
'"
'"
b
o
z
N89' 34'05''( 6t>2,88'(P)
65300'(1,4)
:"- ,-,,, ""
\ ;., '",,,, ",,- ~ ::;,
POINT OF BEGINNING : ~".~ ~ ~ "" ~
LESS AND EXC(PT PARCEL ~ f'- 't FSS AND [XCEPT".. ~
CENTER OF SECTION 3, ',i"" ",PARCEL ''';0
TOWNSHIP 50 SOUTH, : '~, " ~ '", "- '" "t:,
RANGE 26 EAST ~~ ~.~ "- "", "" g
,;2". " ,,~, on
" "'" " '" " "
.- "S~g.~__g~,)~:w_ ~~~~6~'__
- "." --- --- - - _.~ - . - - -.- - - - -
LEGAL DESCRIPTION
A TRACT OF LAND SHUATED IN THE SiATE OF
rLORIO.~. COUNTY Of COLLIER, i.- YING IN
SECTION 3. lOWNSHIP 50 SOUTH. RANGE 26
EAST, "NO BEING FURTHER BOUND AND
OESCRIBED AS FOLLOWS, THE WEST ONE HALF
(W;) OF THE WEST ONE HALF (W;) OF ThE
NORTHEAST ONE OUARTcR (NEi) OF SAIO
SEeTIO,"! 3. LYING SOUTH OF1HE SOUTHERLY
RIGHT -OF -WAY LINE Of DAVIS BOLlLEVARD-
STATE ROAD 84; LESS THE FOLLOWING
DESCRIBED PARCEL BEGINNING AT THE
SOUTHWEST CORNER OF fH[ NORTHEAST ONE
OUART(R (NEt) Of SAID SECTION 3; THENCE
~OC'07'06"E. ALONG THE WEST LINE OF SAID
FRACTiON 707,03 'EET:
THENCE LEAVING SAID FRACTION LINE
N89'34'OO~(' 652.88 fEET. TO A POINT ON THE
EAST LINE OF SAID FRACTION.
THENCE SOO'1T56'W. 704,31 FEET; TO A POINT
ON THE SOUTH LINE OF THE NORTHE~.sT ONE
QUARTER (NEi) OF SAID SECTiON 3.
THENCE S89"9'J8"W, 65D,69 fEET: ALONG SAiD
LINE 10 THE POINT OF BEGINNING,
NOTE:
LEGAL DESCRIPTiON AS SHOWN
WAS lAK~N FROM A BOUNDARY
SURVEY PREPARED BY
CAROL L NELSON, P.A
DWG, H3T50R2G
DATED 1 D-09-06
Jaf>~'ory j. ~'OOi' ~_2j Pr./. iJ \20cJ5\J<;O" 7.00 OJ \lys!'Q..e [nq","'..,ri"q\OOOl Gener'l/ C1)()5urfotio'-l\';UO r 11.JOOJXA. ~ u'r9
EXHIBIT A-I
co co <D
OJO<D
(CO'--
~NO
Ql.f'iC?;
Z~
,->~
~ro(tl
::::=~Il.
rom
~J
(jj
:0>
<J:
c:>
(""-.J
<"'"')
(""-.J
t..=)
p...
c---
00
.......
---
p:;
C)
;!
,
g
.
~o
x~
f
o
/
I
----- - '-,'
I
Q
I
o ill'" ~
'-0 22 iI o~ ~
" ~; ~~ ~ II,! U~~
g~ ~:-. i=~ ~ ~:.::u;
" 2~ ~ II ~~[8
...... ... , ,I ~~,;c:;
:i'"-~ti; I ivai
~l'~5 I ,; ~ co II ;,.,~~ ,l
~~~; I )mi ~'I' r-
c>" " /
~ ~ __/ I
~~ ~ ~r----"I -
ok' __~t==::lr-----; +,
";1. ~'''-
;",. '1l/k:::J" -.-' "-
'~\ HI O-JtIJ Ef383' , ~
'\-----.......
'I '1'1 L ,"-e:- :, .
::I,! ,: ~U"',,,.,','~) ffi "U
It~y( ~ ill D
111 D = I
:~ij Q, 'cucul/-IJ
":, I \, rw.L;.J~ ..'r;
~I' 1'1- ' ..::.' L Y/J
( " i III" [!1 =C:::::;:],- .
I nIl G LaJ
1111'''' -------
_ _ _ _ _ I ~ I. 130"''' .". .a> //
{t~ ~} ~~V^:3lri08 -si'Vo- -----------~------~
~
>
~
.
~
~
~
w
00
<
w
~
~
2
~tl
~~o
ooui<
~~
"
o
u
~
u
L
T.t.
~
o
~
--
_./
-------
gg
~~
8~
ii\5
o
,
~
o
~
i'
lXl
~
~
I.ti
Apenda Item No. 1688
January !:). U
D::.np.c:;1 nf 1:;"
1
~-
N
w
,~ ~
=-r
~ rJ'
E
s
DAVIS BOULEVARD
(SR 84)
~------
~~--~
~
I
m II
II
III
I 0
::<:1
~ ..,.,
.....
0:>
-->
'"<:::I
Q
"->
<....>
"->
.....
PARCE.L
50' RO~
,
J
January J. 2007 51-~. AM Q"\2005\:150r I ".00 OS My;tique E"9in'*"'Jnq\OOO f General COo'l"suJtofion\50D' 11000J,XC.d,;rg
EXHIBIT C
~._ '.'~. ~ .~~\n
, .~
~ c <",n/, n
SKETCH
&
DESCRIPTION
Page 52 of 5'
N
~
THIS IS NOT A SURVEY
w
E
s
~\
DAVIS BOULEVARD (SR 84)-
'"
-'
---~
----
C2
LEGAL DESCRIPTION
)-'
~
p
~
il
I
-------------I
A TRACT OF LAND SI1UAlTD IN THE S1'ATE OF
FLORIDA, CO;JNTY OF COLLld?, LYING IN
SECTION .3, TOWNSHIP ~O SOUTH, RANGE 26
EAST, AND BEING FURTHER BOUND AND
OCSCRIBlD AS FOLLOWS: COMMENCING AI THE
CENTER OF SlCIION 3, TOWNSHIP 50 SOUTH,
RANGE /6 EAST, COLLIER' COUNTY, FLORIDA,
THENCE NOrr07'06"E ALONG tHE SAID CENTER
OF SECTION UNE 2530]]' TO THE POINT OF
BEGINNING:
THENCE CONTINUING ALONG SAlD CENTrR OF
SE.ClI0N LINE, 1'100.07'06"E, 51.53 ;:-[ET, TO A
POINT ON THE SOUTH RIGHT-OF-WAY OF
(SR 84) DAVIS BOULEVARD,
TH(NCE ALONG SAID RIGHT -OF -WAY LINE,
ALONG THE ARC or A C1RCUI AR CURVE TO THE
RIGHT BEING CONCAVE TO THE SOUTH 066.92
FFH, HAVING A HAD IUS Of 3224.04 FLU,
THROUCH A CE.NTRAL ANGLE OF '1'5"08"
OCING SUSTENDED BY A CHORD WHICH BEARS
NH2"llf2~"~_ FOR 6F.5.7.3 fE'::T;
THENCE LEAVING SAfD RIGHT -or ~.WAY LINe.
50c.n 7'':jG''w. 50.04 FEET;
THENCE ^!...ONG THE: ARC OF A CIRCULAR CURVE
TO H'lE l.FFT, R[rNG CONCAVE TO THE SOUTH
65/.01 r~ET, HAVING A RADIUS or 3174.04 FED,
fHRQUGH A CENTRAL ANGLE Of 12"02'2.3" AND
8C!f..JG SU8TEND[f) AV A r.HORD WHIC~ BEARS
S82"02'41"W. FOR 565.78 FEel; TO THE POtNT
OF BEGINNING,
C>
:::<::1
POINT OF BEGINNING
>0
~
o
'"
~
N
A PARCEL Of" LAND CQN1A1N1NC 0_77 AC~ES
"ORE OR LESS
..".
.........
00
-..:J
'"'"
G')
,
CUfNt RADIUS LEtolGTH C HORO 8(ARrI\lG ~ DELTA I
01 J224.U4 6ti6.92' 665.73 NBZ10'2'5"E 11"51'08"
C2 1,3174.04 567.01. 555.78 S8?O~~2'o:nj~ I
,~~ ~-~
<'->
c..u
<'->
<'->
POINT OF COMMENCMENT
CEN1ER OF SECTION 3,
TOWNSHIP 50 SOUTH,
~""~' ~
NOTr.
L[GAl DESC~IPTION WAS
PR[PA~[D FROM A BOUNDARY
SURVEy PREPARED BY',
CAROl ~: NELSON, PA.
owG. #3TjOR26
DAIl:.D 10-09.- 06
liNE !)ST
-L1T.51-5.3~
L2 ~004"
a!:ARIt-.JG
!\JOa-07"Db ~[
SOO" 17'';)6Mw
I
_ _ _ L _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -- - - - - - -
JC)I1L.KJrY J. 2C:D;I -I.?8 f'OJ O\7(XJ.':i\O~f1' Qi'ln3 lJy~I'Qv", ["'g;""~,,''''q\,.OOOl C,e"'~".:J1 C"or.s;.,'/oiJOn\50011 700aJXC - LdwQ
EXHIBIT C-1
Agenda item ~Io, 1688
17n"5!...." 1 J:; ?nC';o
Page 53 f 55
~'
.~
,~.____.'.n
,
PROJECT NME'
PA/lCEl. NO(S);
PAAEHT TfV,CT FOlIO NO.
.' tf)\1
WARRANTY DEED
nus WARRANTY OEED mado [tltS _ .. _~ iJay nl _. _._______".
20_ . by. (herelTlafter referrej 10 as mGrantDIf. whDSe pO~1 ofrlCG box is ;ADDRESSj
tc COt.UER COUNTY, a poflltc.al sl.'bd1\fision 01 the Stat~ 01 Ronda, its successors a!"x1
assigns, Wlo1)OsfI !')OSI of;/Ci) aOdress 1S 33i.Jl T3m""m~ TraJi E:.a5i. Naplos. Florida, 34112
(here;naf1er ref~ued to as -Granlo1O'e")
J
(Wherever used herein me terms ..Granto.... and -Grantee" Inch,JOe a.1l Ule partlGS to ttll.$
instrument and their resprective hein. ~ representatives. $uccesSOI'S and a:lSigns.)
WITNESSETH; That the Glllfltor, for and in consideration of the sum of Ten
Oollato ($10.00) an<! otl1er valuable consideration, receipt """""" is hereb;t
~1edgel1. henlby granls, ba/gUls, sells, alienS, remiseS, raleases, ~ aM
coofirms unto Ihe Gramee, of that amain land situate in Collier Co<JnIy, Florida, lO wI1:
see Al1ached ExhibI!"A" which is ulCO<pOIw.J he..., by reIemnce.
SWje<:t to _ _Ions, and reservalions 01 reG<l<<l.
TIlls Is NOT the Homestead properly oIlhe GronlOr,
TOG ETHER with aU !he I~nements. hefedilamenls and appurtenarx:es thereto
betoo igIo III or In 8I1yWi38 appertalnIng.
TO HAVE AND TO HOLD lhe sarno in fee simple 10......."..
AND the Grantor hereby covenants "V'tllh said GritnteA that the Grantor ~s <awfully
sailed of said land in flKl simple; that too GrantOf' t'las good rlgnl and lawful aulhority 10
sell and co-nV1)Y saJ,j taJ"td; that the Grantor herlOlby funy warran:s the (i11e 10 sai-d land
and wil1 oohmd thg- i-a~ against thQ '.aw1ul claims of all persons 'l\lhomsoe'~r: and tha;
saId land i:!; !roo or all encumbrances excopt as not9d aoov.G
IN WITNESS WHEREOF, the ..1<1 Grantof lIaS signed and sealed the...
presents !he day and year ftn;l """"" written.
WllNESSES;
(Signalu..)
By:
[GRANTOR NAME]
(Print Full Name)
iSignalum}- .
(Print FuII-N;.:;;j-
c:::>
::<:I
...",
~
<=
--J
'"<:l
G)
........,
u..>
........,
u..>
Agenda Item No. 1688
January 15, 200S
Page 54 of 55
EXHIBIT E
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
I Beginning Balance I
$3.000.000.001
I
Mystiquelmpacl fee ledger
DATE PERMIT. CREDIT AMT BALANce COMMENTS
BeainnlnQ Balance $3.000,000,00
I
I
I
I
>+
'*
>+
c:>
:xl
.-
t-"
00
-3
--c
G"l
"-'
c;....>
"-'
.-
'*
'*
'*
Agenda Item No, 1688
January 15, 200S
Page 55 of 55
~
W A. T r R W A. Y S v~~o M'.}
December 18.2007
Collier County TranSpclftMion
Ann: 1\:ick Casalanguida.
Director, Transportation Planning
~885 S. Horseshoe Drive
Naples, FL 34 I 04
Re: Mystique DCA
Dear 1\11'. Casalanguida.
Per the Developers COlllribution Agr~emeJlt dated FebJ'llal'Y :0. 2007 and recorded in Q,R. Book
4187, Page 23 j 0, item eighteen slates thm the Agrr:.::cmcllt shall only be amended by written
mutual consent of the parries. We would like to amelld item 1\\"0 of the agreemellt which sl~tes:
On or btforc Dcc~mber 15. 20D? the Developer shall cOll\'ey to the COllnty b;'H]1 the POlld Parcel
(with appropriate casements for ,1C'cess nnd Ill<1intC'll<1nce} and rhe HO\V Pillee!. Both Parcels
shall be cLH1\'eyed to the COunl) ill ft..'e .-;imple, free i1l1d cleM of Hlllj(;lls and encumbrances, by an
executed Warranry Deeds pnJ\idtd to the Office of the COUllty At1orney. suit~:ble for recording.
the general forl11 or wJlich is attHched h::rclo as Exhibit D. This. ~()ll1l1litlJl~!lt has a liquicbted
damages clause of $1.000 p~r d~t: fo,' each .Jay pasl the due Jat~.
TIll;: COUlltJ' has recently requested Ihe pt1r~hasc uftht: additional three acres III item five of the
DCA. \\'c would like to C(lD\-CY all ()f~hc properties at olle time. in one closing.
Dwight Nadeau and Jame) AnderSiJll of R\V,A have beell w0rsing diligent!) with the
Transportation Planning department 10 pre'vide the \Varrant)' Deeds alld ('llhel' easements to the
COilllt)' by December i5. '::007. \Vc arc requt'sling an extension ('11 the due dale of this
commitment. to J~l1H:ary 31. 2008. We al~o rtqll~st a nrinc!l tDJlfirma!ion th.H the 3 million in
tmffic impact fee c-n:di!s 10 b~ paid at closing can be used in pan to pH)' the 50% of traffic impact
fees in vest the tmftic (,OIKlIlTtllCY for lh~ i\1ystiquc project as previously agreed. The documenls
arc in the process of hl'illg drR\\n up by QUI' Attomey fDr [~\'ic-\\' by the County Anorney's e'ITice.
Per our discllssion. tbe extension wiII not h,we any detrimental i\11ptlct to the Coullty's schedule.
Sincerely,
of" /f/
/l'::/7}~~-'6
Richard Dh"l.'ellpo11
\Vat-.:rways .loinl Venture VII