Sec. 122-556. - Authority for ordinance.

This Ordinance is adopted pursuant to F.S. § 190.005(2), and other applicable provisions of law governing county ordinances.

(Ord. No. 09-68, § 1)

Sec. 122-557. - Establishment of the City Gate Community Development District.

The City Gate Community Development District is hereby established within the boundaries of the real property described in Exhibit "A", attached hereto [Section 122-563, herein] and incorporated by reference herein.

(Ord. No. 09-68, § 2)

Sec. 122-558. - District name.

The community development district herein established shall henceforth be known as the "City Gate Community Development District".

(Ord. No. 09-68, § 3)

Sec. 122-559. - Designation of initial board members.

The following five persons are herewith designated to be the initial members of the Board of Supervisors:

(Ord. No. 09-68, § 4)

Sec. 122-560. - Statutory provisions governing the district.

The City Gate Community Development District shall be governed by the provisions of F.S. ch. 190, and all other applicable general and local law.

(Ord. No. 09-68, § 5)

Sec. 122-561. - Consent to special powers.

Upon the effective date of this Ordinance, the City Gate Community Development District will be duly and legally authorized to exist and exercise all of its general powers as limited by law; and has the right to seek consent from the Collier County Board of County Commissioners for the grant of authority to exercise special powers in accordance with F.S. § 190.012(2).

(Ord. No. 09-68, § 6)

Sec. 122-562. - Petitioner's commitments.

The adoption of this Ordinance is predicated upon the following: That the Petitioners, or their successors and assigns, shall: (1) elect one property owner with no affiliation or direct relation to the existing owners or any subsequent developer of the District, to the five member Board of Supervisors at such time as property owners begin occupying businesses in the District; and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns.

(Ord. No. 09-68, § 7)

Sec. 122-563. - Legal description.

A Portion Of The North One-Half Of Section 35, Township 49 South, Range 26 East, Collier County, Florida, Being More Particularly Described As Follows:

Commence At A PK Nail And Disc No. LB5982 Marking The Northwest Corner Of Section 35, Township 49 South, Range 26 East, Collier County, Florida; Thence North 89°13'01" East, Along The North Line Of Said Section 35 And The South Line Of Safe Harbor, According To The Plat Thereof Recorded In Plat Book 26, Pages 22 And 23, Of The Public Records Of Collier County, Florida, And The North Line Of Lot 1, City Gate Commerce Center, Phase One, According To The Plat Thereof, Recorded In Plat Book 41, Pages 6 And 7, Of Said Public Records, For A Distance Of 590.33 Feet, To The Northeast Corner Of Said Lot 1, For A Point Of Beginning; Thence Continue, North 89°13'01" East, Along Said North Line Of Said Section 35, And The South Line Of Safe Harbor And The South Line Of Golden Gate Estates, Unit No. 28, According To The Plat Thereof Recorded In Plat Book 7, Pages 19 And 20, Of Said Public Records, For 4,692.14 Feet, To A Concrete Monument Now Set At The Southeast Corner Of Tract 169, Golden Gate Estates, Unit No. 28 And The Northeast Corner Of Said Section 35; Thence South 00°55'48" West For 2,673.79 Feet, To A Concrete Monument Found At The Northeast Corner Of Lot 18, White Lake Corporate Park, Phase Three, According To The Plat Thereof Recorded In Plat Book 34, Pages 45 And 46 Of Said Public Records; Thence South 89°00'01" West, Along The North Line Of Said Lot 18, And The North Line Of White Lake Corporate Park, According To The Plat Thereof Recorded In Plat Book 31, Pages 26 Through 28, Inclusive For 4,000.85 Feet To The Southeast Corner Of Lot 16, City Gate Commerce Center, Phase One; Thence North 00°47'14" East, Along The East Line Of Lots 16, 15 And Tract "A" Of Said Phase One Plat, And The West Right-Of-Way Line Of A 170 Foot Wide Florida Power And Light Company Easement, Recorded In Official Record Book 681, Page 1210, Of Said Public Records, For 2,072.75 Feet; Thence North 58°30'03" West, Along The Southwesterly Line Of Said 170 Foot Wide F.P.&L. Easement, For 596.93 Feet; Thence South 61°09'57" West, Along The Southerly Line Of Parcel "E", As Recorded In Record Book 3965, Page 2873, Of Said Public Records, For 203.97 Feet, To The Easterly Line Of The City Gate Commerce Center, Phase One; Thence Northerly Along The Easterly Line Of Said Phase One, The Four Following Courses;

1)

North 00°47'14" East For 124.70 Feet; Thence

2)

North 31°30'28" East For 70.02 Feet; Thence

3)

North 29°30'45" West For 52.47 Feet; Thence

4)

North 00°28'39" West For 163.01 Feet, To The Point Of Beginning.

Containing 253.05 Acres, More Or Less.

Subject To Restrictions, Easements And Reservations Of Record.

Bearings For The Above Described Property Are Based On The North Line Of Section 35, Township 49 South, Range 26 East, Collier County, Florida - Being North 89°13'01" East.

(Ord. No. 09-68, Exh. A)

Secs. 122-564—122-605. - Reserved.