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Agenda 09/24/2019 Item #16A19 (Amendment to Developer Agreement for Collier County Sports Complex & Event Center)09/24/2019 EXECUTIVE SUMMARY Recommendation to approve an Amendment to the Developer Agreement between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County (County) to define access points along City Gate Boulevard North for the individual lots and to the Collier County Sports Complex and Event Center. OBJECTIVE: To approve a Developer Agreement Amendment (Amendment) that realigns access points and determines proportional share payments for improvements along City Gate Boulevard North. CONSIDERATIONS: A Developer Agreement (DA) was approved by the Board of County Commissioners (BCC) on December 1, 2009, to improve the transportation network that serves both Citygate and the traveling public. These improvements specifically include modifications to the Citygate development access points and additional capacity to Collier Boulevard and Davis Boulevard. The previous Amendments in June of 2015, and March of 2018, allowed the County to extend and construct City Gate Boulevard North from the then current terminus to the eastern line of the City Gate DRI/PUD to include access to the adjacent 305 acre parcel and the Resource Recovery Park PUD, both owned by the County. On September 25, 2018, the BCC approved the layout plan for the Collier County Sports Complex and Event Center (Sports Complex) which included two access points along City Gate Boulevard North. Access points had previously been approved through the Amendments, which no longer align with the County’s approved layout plan for the Sports Complex. This Amendment is to memorialize the new access points, include a shared use driveway agreement and determine the Developer share of costs associated with these improvements (driveways, access improvements, and landscaping). FISCAL IMPACT: The County will be responsible for the initial costs associated with the operational improvements and landscaping on City Gate Boulevard North as identified in the agreement using Project #50156. The Developer will be responsible for reimbursing the County by providing the requisite amount of impact fee credits to the County for use at the Sports Complex. The original Citygate DA authorized Transportation Impact Fee credits in accordance with the then current impact fee provisions of the Collier Code of Laws and Ordinances (Code). Similar to most Developer Agreements, the Citygate DA allows for the transfer of such Transportation Impact Fee credits. This Amendment establishes a transactional relationship between the two developer entities, Citygate and Collier County, for the purpose of the completion of certain improvements and the assignment of impact fee credits to be used for new development within the same impact fee district. As stated above, the impact fees were granted under the provisions of the Code and will be assigned and utilized in compliance with Code requirements. Adequate Transportation Impact Fee credits are available for the proposed assignment. GROWTH MANAGEMENT IMPACT: N/A LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve a Developer Agreement Amendment that realigns access points and determines proportional share payments for improvements along City Gate Boulevard North. 16.A.19 Packet Pg. 1031 09/24/2019 Prepared By: Trinity Scott, Transportation Planning Manager, Capital Projects, Planning, Impact Fees & Program Management Division ATTACHMENT(S) 1. Exhibits final (flattened) (PDF) 2. Citigate - 3rd DCA Amendment_Final (DOCX) 16.A.19 Packet Pg. 1032 09/24/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19 Doc ID: 10198 Item Summary: Recommendation to approve an Amendment to the Developer Agreement between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County (County) to define access points along City Gate Boulevard North for the individual lots and to the Collier County Sports Complex and Event Center.. Meeting Date: 09/24/2019 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Leeann Charles 09/18/2019 10:48 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 09/18/2019 10:48 AM Approved By: Review: Growth Management Department MaryJo Brock Level 1 Reviewer Skipped 09/18/2019 10:48 AM Capital Project Planning, Impact Fees, and Program Management MaryJo Brock Additional Reviewer Skipped 09/18/2019 10:48 AM Growth Management Department MaryJo Brock Department Head Review Skipped 09/18/2019 10:48 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/18/2019 10:59 AM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/18/2019 10:49 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2019 11:37 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2019 11:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM 16.A.19 Packet Pg. 1033 16.A.19.a Packet Pg. 1034 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1035 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1036 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1037 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1038 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1039 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1040 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1041 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1042 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT E –PAGE 2 SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT THIS SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT, made and entered unto this ______ day of ______________, 2019, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter “Grantor”) and CG II, LLC, a Florida limited liability company, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109 (hereinafter “Grantee”). CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter referred to as “CITY GATE PROPERTY OWNERS ASSOCIATION”)hereby joins in and consents to this SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT. WHEREAS, on December 12, 2017, Agenda Item 11F, the Board of County Commissioners approved an Agreement for Sale and Purchase (“AS&P”) that authorized the acquisition of a parcel of land in the City Gate PUD for the Collier County Sports Complex and Event Center; and WHEREAS, Grantor is the owner of the land more particularly described as Lot 26 according to the Phase Three Replat of City Gate Commerce Center, as recorded in Plat Book 63, Page 84-90, of the Public Records of Collier County, Florida; and WHEREAS, Grantee is the owner of the land more particularly described as Lot 9 according to the Phase Three Replat of City Gate Commerce Center, as recorded in Plat Book 63, Page 84- 90, of the Public Records of Collier County, Florida; and WHEREAS, on September 10, 2019, Agenda Item 16.F.8, the Board of County Commissioners approved a Second Amendment of Section 15.01 of the AS&P, revising the amended Section 15.01 to accommodate the County’s purchase of the east 23.67 feet of Lot 9 (an 0.345 Acre Property) (See Exhibit 1 attached hereto and incorporated herein); and WHEREAS, on ______________, 2019, the Phase Three Replat #2 (Lot 9 and Lot 26) of City Gate Commerce Center, was approved and recorded in Plat Book ____, Page ____ et seq., of the Public Records of Collier County, Florida; and WHEREAS, Grantee and Grantor have entered into a Developer Agreement, which is recorded in Official Record Book 4517 at pages 640 through 704; which was amended by the First Amendment to Developer Agreement, recorded in Official Record Book 5168 at Page 3989 et seq.,; and which was further amended by the Second Amendment to Developer Agreement, which is recorded in Official Record Book 5491 at Page 3349 et seq.; and which was amended on _______________________ 2019, by the Third Amendment to Developer Agreement, which is recorded in Official Record Book ______at Page ______et seq.,all recorded in the Official Records of Collier County, Florida; and 16.A.19.a Packet Pg. 1043 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT E –PAGE 3 WHEREAS, the Third Amendment of the Developer Agreement set forth Grantee’s proportional share of the median and turn lane improvements of the Great Lawn Entrance to the Collier County Sports Complex and Event Center and authorized this SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT between Grantee,as owner of the abutting lot (“Lot 9”)and Grantor, as the Owner of Lot 26, that allows a driveway connection to the Great Lawn Driveway by/for the adjacent Lot 9 owner, its successors and assigns, which will runs with the land.(See Exhibit 2 Sketch and Legal). Whenever used herein the terms “Grantor” and “Grantee” include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. W I T N E S S E T H: That for in consideration of the sum of TEN DOLLARS ($10.00)and other good, adequate, and valuable consideration in hand paid by the Grantee to the Grantor, the adequacy and receipt of which are hereby acknowledged, the Grantor does hereby grant, bargain, sell,and convey unto the Grantee,its respective contractors, employees, agents, customers, licensees,and invitees, a perpetual, non-exclusive driveway easement for vehicle access (“Easement”) over, across, through, and with respect to, the real property located in Collier County, Florida described in Exhibit “2”attached hereto and incorporated herein by reference and hereinafter referred to as the “Easement Parcel “A.” This easement is given for driveway purposes of ingress and egress, by vehicular traffic, over, across, through, and with respect to, the Easement Parcel A. For purposes of this Agreement, ''driveway purposes'' means use for and by moving vehicular traffic for any purpose connected with the use of the Grantee’s property. This Easement shall at no time be obstructed by any object which would prohibit access, ingress or egress, to and from any lands owned, controlled or used by either the Grantee or Grantor or in any manner, interfere with the purposes of this Easement. Grantee shall have the right, but not the obligation, to improve the Easement Parcel A as determined by Grantee in order to insure the full enjoyment of the rights granted and conveyed by this Easement.Once constructed, the Grantee agrees to maintain that portion of the Easement Parcel A lying and being west of the Great Lawn Driveway. All terms, conditions, and provisions of this Easement shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. TO HAVE AND TO HOLD this Easement, together with all and singular the appurtenances thereunto belonging or in anywise incident or appertaining, to the use, benefit, and behoof of the Grantee, its successors and assigns forever. Grantor hereby covenant that it is lawfully seized of the granted Easement Parcel in fee simple; that it has good and lawful authority to convey this Easement; and that it hereby fully warrants and defends the title to the Easement hereby conveyed against the lawful claims of all persons whomsoever. 16.A.19.a Packet Pg. 1044 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT E –PAGE 4 IN WITNESS WHEREOF this SHARED DRIVEWAY ACCESS AGREEMENT AND EASEMENT has been executed by the Grantor whose seal is affixed hereto and accepted by the Grantee, the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_________________________ By:____________________________ , Chairman (OFFICIAL SEAL) Signed, sealed and delivered In the presence of CG II, LLC a Florida limited liability Company ___________________________________ By:___________________________ Witness (Signature)Joseph Weber, Vice President 159 S Main Street, Suite 500 Name:______________________________ Akron, Ohio 44308 (Print or Type) __________________________________ Witness (Signature) Name:_____________________________ (Print or Type) STATE OF OHIO COUNTY OF SUMMIT The foregoing Easement was accepted and acknowledged before me this ___________ day of ________, 2019, by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida limited liability company, who is personally known to me of who has produced ________________________________. (Affix notarial seal) ______________________________________ Signature of Notary Public ______________________________________ Print Name of Notary Public NOTARY PUBLIC Serial/Commission # (if any):_____________ My Commission Expires:________________ 16.A.19.a Packet Pg. 1045 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) 16.A.19.a Packet Pg. 1046 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1047 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1048 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1049 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1050 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1051 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT GEXHIBIT G16.A.19.a Packet Pg. 1052 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1053 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1054 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT GEXHIBIT G16.A.19.a Packet Pg. 1055 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) EXHIBIT G16.A.19.a Packet Pg. 1056 Attachment: Exhibits final (flattened) (10198 : City Gate Amendment) Page 1 of 9 September 12, 2019 THIRD AMENDMENT TO DEVELOPER AGREEMENT City Gate THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this ____ of September, 2019, by and between Citygate Development, LLC, 850 NWN, LLC and CG II, LLC, Florida limited liability companies (hereinafter collectively referred to as the “Developer”), with an address at 121 South Main Street, Suite 500, Akron, Ohio 44308, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as “County”). R E C I T A L S: WHEREAS, on December 13, 1988, the Board of County Commissioners of Collier County (“BCC”) adopted both Development of Regional Impact Development Order No. 88-02, which has been subsequently amended (“DRI Development Order”), and Ordinance No. 88-93, which rezoned the Development from “A-2” – Agriculture to “PUD” – Planned Unit Development, for a development to be known as City Gate Commerce Park (“City Gate PUD”), which has been subsequently amended by Ordinance No. 10-42 and Ordinance No. 18-13; and WHEREAS, on December 1, 2009, the Developer and County entered into a Developer Agreement, which is recorded in Official Record Book 4517 at pages 640 through 704 in the Official Records of Collier County, Florida (“Developer Agreement”); and WHEREAS, on June 23, 2015, the Developer and County entered into a First Amendment to Developer Agreement, which is recorded in Official Record Book 5168 at page 3989 et seq., in the Official Records of Collier County, Florida (“1st Amendment”); and WHEREAS, on March 27, 2018, the Developer and County entered into a Second Amendment to Developer Agreement, which is recorded in Official Record Book 5491 at page 3349 et seq., in the Official Records of Collier County, Florida (“2nd Amendment”); and WHEREAS, the Developer Agreement, as amended, included the County’s approval of future locations of driveway openings, median openings, and left turn lanes on City Gate Boulevard North to ensure full access to City Gate PUD lots along City Gate Boulevard North; and WHEREAS, at its September 25, 2018 meeting, as Agenda Item 11 B, the Board of County Commissioners approved the “Layout Plan” for the Collier County Sports Complex and Event Center, which “Layout Plan” was revised and updated March 26, 2019 See Exhibit A attached hereto; and 16.A.19.b Packet Pg. 1057 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 2 of 9 WHEREAS, the County plans for the Collier County Sports Complex and Event Center include two driveways to City Gate Boulevard North: A western driveway that will access the planned “Great Lawn” (“Great Lawn Driveway Entrance”) and an eastern driveway that will be the main entrance to the Collier County Sports Complex and Event Center (“SCEC Main Entrance”); and WHEREAS, the County plans for the Collier County Sports Complex and Event Center include two driveways to City Gate Boulevard North: A western driveway that will access the planned “Great Lawn” (“Great Lawn Driveway Entrance”) and an eastern driveway that will be the main entrance to the Collier County Sports Complex and Event Center (“SCEC Main Entrance”); and WHEREAS, the County plans to build the median openings, right turn lanes and both direction median turn lanes at the Great Lawn Driveway Entrance and SCEC Main Entrance; and WHEREAS, the median openings and median turn lanes for the Collier County Sports Complex and Event Center do not align with the areas earmarked, by the Developers Agreement, for median openings and median turn lanes See Exhibit B attached hereto; and WHEREAS, the Developer holds Road Impact Fee Credits associated with the City Gate DRI/PUD and the County has a desire to acquire said credits to pay a portion of the Road Impact Fees for the Collier County Sports Complex and Event Center; and WHEREAS, Developer and County have worked together in good faith to realign the previously reserved locations of City Gate Boulevard North median openings and median turn lanes with the County’s Layout Plan access/egress points to City Gate Boulevard North, memorialize a shared driveway agreement, update certain provisions, and to make further changes to effectuate the intent of the Developer Agreement, as amended; and WHEREAS, Developer warrants and represents to the County that they continue to have full ownership or control with respect to all portions of the land within the City Gate PUD which are the subject of this Agreement, except for the land owned by Collier County; and WHEREAS, the parties wish to further amend the Developer Agreement as set forth below (“Third Amendment”). W I T N E S S E 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: 16.A.19.b Packet Pg. 1058 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 3 of 9 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. The construction of median openings along City Gate Boulevard North, in substantial conformity with attached Exhibit C is essential to providing access to the lots in Phase Three and allowing the Developer to build in accordance with the DRI Development Order Master Development Plan. This aligns the City Gate Boulevard North median openings and median turn lanes with the County’s Layout Plan access/egress points to the Collier County Sports Complex and Event Center. The County agrees that by this Amendment that it has reviewed and approved the location of the existing and the approximate location of future median openings depicted on City Gate Boulevard North in attached Exhibit C. 3. While constructing the two (2) driveways to City Gate Boulevard North during Phase 1-A of the Collier County Sports Complex and Event Center, the County plans on constructing City Gate Boulevard North median openings, right turn lanes, and median left turn lanes as set forth on attached Exhibit D. On or before the completion of Phase 1-A of the Collier County Sports Complex and Event Center, CG II, LLC, as owner of the abutting lot (“Lot 9 Phase Three”) and the County, will enter into a shared driveway access agreement and easement that allows a driveway connection to the Great Lawn Driveway by/for the adjacent Lot 9 Phase Three owner/end-user. See Composite Exhibit E Sketch and Shared Driveway Access Agreement and Easement attached hereto. 4. The Developer’s proportionate fair share costs for the medians to be constructed by the County is $226,326.13. The amount was determined by the Engineer of Record and based on the Collier County Sports Complex Phase 1-A CMAR contract approved by the BCC on March 26, 2019 (County Contract #17-7198) and consist of: (1) The construction cost of the City Gate Boulevard North median left turn lane (eastbound left north) at the Great Lawn Driveway Entrance; and (2) One-half (½) of the construction costs of the City Gate Boulevard North median left turn lane (westbound left south) at the Great Lawn Driveway Entrance; and (3) One-half (½) of the construction costs of the City Gate Boulevard North right turn lane (eastbound right south) at the Great Lawn Driveway Entrance; and (4) One-half (½) of the construction costs of the first 250 linear feet of the driveway at the Great Lawn Driveway Entrance. (5) The construction cost of the City Gate Boulevard North median left turn lane (eastbound left north) at the SCEC Main Entrance. 16.A.19.b Packet Pg. 1059 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 4 of 9 5. In lieu of paying the County $226,326.13 in cash, the parties have agreed that within thirty (30) days of the recording of this Amendment in the Public Records, the Developer shall transfer to the County Road Impact Fee Credits associated with the City Gate PUD/DRI in the amount of $226,326.13, which the County will utilize for the Collier County Sports Complex. 6. Paragraph 11 h of the Developer Agreement is hereby amended as follows (Words struck through are deleted; words underlined are added): The construction of City Gate Boulevard North in the Phase Two Plat, in substantial conformity with attached Exhibits I and S C and D to this Amendment is essential to providing access to the lots in City Gate Commerce Park Phase Two Plat and allowing the Developer to build in accordance with the DRI Development Order Master Development Plan. Accordingly, the operation of, and access to, this roadway may not be restricted or diminished from that in attached Exhibits I and S C and D to this Amendment. Without limiting the generality of the foregoing, the County agrees that by this Agreement Amendment that it has reviewed and approved the location of the existing and future driveway openings, median openings and left turn access points depicted on City Gate Boulevard North in Exhibits I and S C and D. Therefore, the location of driveway openings, median openings and left turn access points on an SDP and/or plat improvement construction plan that conforms to or that substantially conforms to Exhibit I and S C and D shall be deemed approved by the County Manager or his designee. However, the The length and physical construction characteristics of future driveway openings, median openings and turn deceleration lanes shall be determined at SDP review consistent with the existing Right-of-Way Handbook/FDOT Standards, using the design speeds identified on Exhibit D. Access point location and/or width may be modified up to 20% by mutual agreement between the Developer and the County Manager. Access / Public Use Easements are and will be deemed satisfactory for right turn deceleration lanes and in lieu of any “compensating” right of way. 11 If the County requires or conditions an SDP approval on a right turn deceleration lane for the driveway on Lot 6, Phase Three, across from the SCEC Main Entrance, which right turn deceleration lane would extends east of the City Gate PUD and onto the County owned property, the County will permit the construction of any stipulated / required portion extending onto County owned property. City Gate Share Percentage CGBN MEDIAN Turn Lane (Left North) #1 83,740.45$ 100% CGBN MEDIAN Turn Lane (Left South) #2 27,730.72$ 50% GREAT LAWN RIGHT Turn Lane (Right South) #3 30,813.85$ 50% GREAT LAWN ENTRANCE – ACCESS ROAD (250’) #4 34,079.67$ 50% CGBN MEDIAN Turn Lane (Left North - Main Entrance) #5 49,961.44$ 100% 226,326.13$ 16.A.19.b Packet Pg. 1060 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 5 of 9 12 The County acknowledges and supports a driveway interconnection(s) between Lot 1 Phase One and Lot 1 Phase Three, as encouraged within the County’s Land Development Code. The driveway interconnection(s) would traverse across the County’s Access and Utility Easements (For details of such easement see Page 7 of the Plat of City Gate Commerce Park Phase Three recorded in Plat Book 63, Page 86 of the Public Records of Collier County, Florida). Developer acknowledges that Public Utilities will review any proposed driveway connection and may impose conditions to protect its utility facilities. See Exhibit F attached hereto. 13 Paragraph 2 of the Second Amendment, as amended, is hereby amended as follows(Strike-throughs are deletions and underlines are additions.): County, at its sole cost and expense, will design, permit, provide CEI, construct and otherwise extend City Gate Boulevard North from the current terminus to the eastern property line of the City Gate DRI/PUD and the western property line of the County’s adjacent property, with the typical section as approved in attached Exhibit 1. Developer will assist the County with obtaining all necessary permits by providing the County at County’s request with all available support documentation. Further, in order to add the access point to the existing PUD or the DRI Development Order, County will be responsible to fund, process and obtain all necessary development orders to include, but not limited to, any PUD, DRI Development Order, South Florida Management District, Department of Environmental Protection (DEP) or any other agencies changes, as needed, to add this access point. This road will be used to develop and access the Resource Recovery Park and the County’s use of the adjacent 305 acre parcel owned by Collier County, including but not limited to any expansion of the Sports Complex. The road will may be gated by the County at the eastern end on the County’s side of the property line. The County may move the gate, if necessary, and extend City Gate Boulevard North for an expansion of the Sports Complex on the 305 acre parcel. No additional traffic will be allowed to use City Gate Boulevard North until the connection is made to the Wilson Boulevard-Benfield Road Extension, either to the east or the south. A temporary turnaround will be provided in front of the gate, until the gate is moved by the County . During construction of Phase 1-A of the Sports Complex (Collier County Project #50156), Collier County’s contractor may temporarily fence/gate the extension of City Gate Boulevard North, approximately 100 feet east of the Big Cypress Basin Field Station (as depicted on pages 2 and 3 of attached Exhibit C) to keep the public traffic and pedestrians away from construction. Simultaneous to a Certificate of Completion of Phase 1 -A, this temporary fence/gate will be removed entirely and the roadway open to the public. The County will remove the pavement for the temporary turnaround at the eastern property line of the City Gate DRI/PUD concurrent with the time City Gate Boulevard North is extended for an expansion of the Sports Complex on the 305 acre parcel. 14 Paragraph 10 of the Developer Agreement is hereby amended as follows (Words struck through are deleted; words underlined are added): Site Development Plan (SDP) for lots within City Gate Phase One and Two Plats PUD shall only require a small scale Transportation Impact Study (TIS) that is limited to calculating the proposed SDP evening peak hour trip generation (i.e. entering & existing driveway volumes) for that SDP, recommending the location and configuration of the 16.A.19.b Packet Pg. 1061 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 6 of 9 proposed SDP driveway access, and analyzing the need for exclusive turn lanes on the internal City Gate PUD roadway(s) for an individual SDP. 15 The streetscaping of City Gate Boulevard North was made an obligation of the Developer, but there was no time limit for the installation of streetscaping. Developer has provided engineering and landscape architect services for the streetscaping of City Gate Boulevard North. See Streetscape Enhancement Plans attached hereto as Exhibit G. To expedite the installation of the streetscaping of City Gate Boulevard North so that it matches with the opening of the Collier County Sports Complex and Event Center’s Phase 1-B, Developer and County agree that the County will install the City Gate Boulevard North streetscaping with its Phase 1-B of the Collier County Sports Complex and Event Center and the Developer agrees to contribute the streetscaping cost of City Gate Boulevard North in an amount not to exceed $200,000.00 (the “Landscape Payment”), which budget amount was estimated by the Engineer of Record. Developer will complete its contribution within thirty (30) days of the County’s approval of its Phase 1 -B CMAR contract, first using the balance of compensation owed by the County to City Gate for the use of excavated fill pursuant to the PS&A. 16 In lieu of paying the County in cash for the Landscape Payment, the parties have agreed that within thirty (30) days of the County’s approval of its Phase 1-B CMAR contract, the Developer shall transfer to the County Road Impact Fee Credits associated with the City Gate PUD/DRI in the amount equal to the Landscape Payment, less any compensation still remaining from the use of excavated material pursuant to the PS&A , which the County will utilize for the Collier County Sports Complex. 17 It is expressly understood that the payment / transfer of Impact Fee Credits provided for herein may come from the Developer or any of its subsidiaries or affiliates, in any combination the Developer choses, provided that the impact fees credits are for property within the City Gate PUD. 18 All remaining terms of the Developer Agreement, as previously amended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by their appropriate officials, as of the date first above written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW 16.A.19.b Packet Pg. 1062 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 7 of 9 Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: _____________________________ By: ________________________________ , Deputy Clerk __________, Chairman Approved as to form and legality: _________________________________ Jeffrey A. Klatzkow, County Attorney AS TO DEVELOPER: Signed, sealed and Citygate Development, LLC delivered in the presence of: A Florida Limited Liability Company ________________________________ By: ________________________________ Signature Joseph R. Weber, Vice President ________________________________ Printed Name _______________________________ Signature _______________________________ Printed Name STATE OF _______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me this _______ day of___________, 2019, by Joseph R. Weber, as Vice President of Citygate Development, LLC, a Florida limited liability company, who is personally known to me or has produced ____________________as identification. Notary Public Print Name: My Commission Expires: 16.A.19.b Packet Pg. 1063 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 8 of 9 Signed, sealed and 850 NWN, LLC delivered in the presence of: A Florida Limited Liability Company ______________________________ By: ________________________________ Signature Joseph R. Weber, Vice President ________________________________ Printed Name _______________________________ Signature _______________________________ Printed Name STATE OF _______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me this _______ day of___________, 2019, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or has produced ____________________as identification. Notary Public Print Name: My Commission Expires: Signed, sealed and CG II, LLC delivered in the presence of: A Florida Limited Liability Company ________________________________ By: ________________________________ Signature Joseph R. Weber, Vice President ________________________________ Printed Name _______________________________ Signature _______________________________ Printed Name 16.A.19.b Packet Pg. 1064 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment) Page 9 of 9 STATE OF _______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me this _______ day of___________, 2019, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who is personally known to me or has produced ____________________as identification. Notary Public Print Name: My Commission Expires: 16.A.19.b Packet Pg. 1065 Attachment: Citigate - 3rd DCA Amendment_Final (10198 : City Gate Amendment)