Backup Documents 06/23/2015 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI/ 6F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attor ece no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP I2 Y C
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is ai complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 6/23/15
4. BCC Office Board of County
Commissioners \A•O f �4Z.3\t S
5. Minutes and Records Clerk of Court's Office Pm (2.3((5 (l u7at%
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Paula Fleishnin,GMD Phone Number 252-2924 /
Contact/ Department tI
Agenda Date Item was 6/23/15 w Agenda Item Number 16-F-2 l
A..roved by the BCC
Type of Document Tri-Party DCA Number of Original Three
Attached Documents Attached
PO number or account Yes
number if document is
to be recorded \o -\— \-7A`V_o -te,A o
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/23/15 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved b the -Zit is not
BCC,all changes directed by the BCC have been made,and the document is ready¢or th att o tion for
Chairman's signature. O, �, Qt& thi Me.
PLEASE CONTACT PAULA FLEISHMAN WHEN READY—TIME SE Av
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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2
MEMORANDUM
Date: June 23, 2015
To: Paula Fleischman, Impact Fee Coordinator
Business Management & Budget, CDES
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Parklands RPUD
Tri-Party Developer Contribution Agreement
Between: Parklands Assoicates, Collier County Board of County
Commissioners and The District School Board of Collier County
Enclosed please find two originals of the document referenced above (Agenda Item
#16F2), approved by the Board of County Commissioners on Tuesday, June 23, 2015.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
Enclosure (2)
INSTR 5139741 OR 5166 PG 3847
RECORDED 6/23/2015 5:02 PM PAGES 9
DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY^PLORIDA
REC $78.00
PARKLANDS RPUD b
TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT
THIS TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT (the "Agreement")
is made and entered into this 23 rd of amu'. , 2015, by and between
PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited partnership,
("Parklands" or "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY(the "County"),
and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "District").
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 and codified
in Chapter 74 of the Collier County Code of Laws and Ordinances(the "Impact Fee Ordinance").
RECITALS:
WHEREAS, Parklands is the owner of approximately 625.6 +/- acres of property
designated as Urban on the Future Land Use Map of the Collier County Growth Management
Plan in unincorporated northern Collier County, Florida;
WHEREAS, with respect to said property, on July 24, 2012, the County approved
Ordinance Number 12-30, changing the zoning classification from a Planned Unit Development
zoning district to a Residential Planned Unit Development("RPUD") zoning district for a project
to be known as the Parklands RPUD (hereinafter, referred to as the "Development"), which
Development is graphically depicted on the Master Plan, attached hereto and made a part hereof
as Exhibit"A"; and
WHEREAS, in accordance with the Developer commitments set forth in Ordinance
Number 12-30, Parklands, as Developer, agrees to dedicate and convey to the District fifteen
(15) acres, within the Development, as further described in Exhibit "B" (the "School Site"),
attached hereto and made a part hereof, for use as an elementary school site in exchange for an
Educational Impact Fee credit; and
WHEREAS, this Agreement has been negotiated and prepared by the District and the
Developer, who jointly request that the County approve the terms and conditions set forth herein.
WITNESSETH
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein,the parties agree as follows:
1. The parties agree and acknowledge that the recitals above are true and correct and
that it is the intent of the parties by entering into this Agreement to create a legally binding
16F 2
contract whereby Developer conveys the School Site to the District and the County grants and
issues to Parklands an Educational Impact Fee credit.
2. The District shall have a Due Diligence Period of fifty (50) days from the date
that this Agreement is fully executed to conduct feasibility studies, environmental assessments,
surveys and any other study or report deemed necessary to evaluate the School Site and to
determine if it meets all requirements for the construction of an elementary school. The
Developer grants its consent to the District to allow the District and/or its designated agent(s) to
access the School Site in order to perform its Due Diligence activities. The District shall
indemnify and hold harmless the Developer from and against any and all claims, actions, causes
of action, loss, damages, injuries, liabilities, costs and expenses, including without limitation
attorneys' fees, arising from the District's Due Diligence activities, however, the District does
not waive the provisions set forth in Florida Statutes Section 768.28.
3. The School Site shall only be used for a public elementary school. No uses other
than a public elementary school shall be allowed on the School Site, unless the Developer
records a notice in the Public Records of Collier County, Florida that this restriction has been
waived in whole or in part. In the event of turnover, the master homeowner's association for the
Development shall thereafter be responsible for recording such notice. If so waived, any of the
principal and accessory residential uses permitted in the Development are also permitted on the
School Site. This restriction shall be included in the conveyance deed to the District. The
School Site shall have direct and permanent access from Logan Boulevard North. The
Development water management system will accept the storm water runoff from the School Site
and provide the necessary storage and attenuation. The District shall provide water quality or
pretreatment as required. The District shall be responsible for the construction of all access
improvements into the School Site.
4. In accordance with Florida Statutes Section 1013.14(1)(b), the District obtained
two (2) appraisals for the School Site, one from ARC Realty Advisors, Inc. and another from
Integra Realty Resources, both independent state certified appraisers, to establish the value of the
School Site. The average appraised value of the two appraisals is $2,050,000 and shall constitute
the amount of credit available to the Developer as a prepayment of Educational Impact Fees
upon conveyance of the School Site to the District (the "Impact Fee Credit").
5. After conducting its Due Diligence, District will notify Developer as to the
acceptability of the School Site. If the School Site is acceptable to the District, Developer will
convey the School Site by Special Warranty Deed (or such similar deed) and District will accept
the School Site as prepayment of a portion of the anticipated Educational Impact Fees to be
imposed by the County in connection with the Development (the "Dedication"). It is anticipated
by the parties that the Dedication shall occur on or before June 30, 2015. The District and the
Developer may extend the date of the Dedication provided both agree to do so in writing. The
Developer agrees to provide the District (or the District's title company) all the documentation
that is customarily required to obtain title insurance for the School Site free from: (i) the
Schedule B - Section II "standard exceptions" of the title commitment obtained by the District
2
16F 2
(other than the survey exception), (ii) all mortgage liens affecting the School Site, and (iii) all
non-mortgage liens and encumbrances affecting the School Site which can be removed by
payment of a liquidated amount at or prior to the date of the Dedication. Except as otherwise
provided in this Agreement, all matters listed in Schedule B — Section II of the title commitment
obtained by the District and all matters appearing on the survey of the School Site obtained by
the District shall be deemed "Permitted Exceptions" and the District shall take title to the School
Site subject to all such Permitted Exceptions. The District shall be responsible for any and all
costs associated with obtaining such title insurance. Developer shall prepare and deliver the
conveyance deed, its affidavit, certificate of non-foreign status and any corrective instruments
that may be required in connection with perfecting title or any additional documents reasonably
requested to consummate the transactions contemplated hereunder. District shall be responsible
for the cost of obtaining a survey of the School Site, title insurance and the filing or recording
fees and the documentary stamps for the deed or any additional documents reasonably requested
to consummate the transactions contemplated hereunder. All taxes (and special assessments)
assessed for any prior year and remaining unpaid shall be paid by the Developer and all taxes
assessed for the current calendar year shall be prorated between the Developer and the District
on a calendar year basis as of the date of Dedication. In the event that the District determines
within the Due Diligence Period that the School Site is not acceptable, the parties acknowledge
and agree that a document voiding this Agreement shall be executed and recorded in the Public
Records of Collier County, Florida.
6. Developer agrees that it will not submit its own alternative Educational Impact
Fee calculation, but instead will abide by the duly adopted Educational Impact Fees in effect at
the time of Building Permit applications.
7. Contingent upon the Dedication, the District, as the new owner of the School Site,
hereby grants the Developer a temporary construction access easement for the purpose of
providing access over, upon and across the School Site allowing the Developer to utilize the
School Site for construction access, offices and the storage and staging of materials for the
construction of the Development (the "Temporary Construction Easement"). Developer shall
use the School Site in compliance with all applicable laws, ordinances, rules and regulations and
shall not use or store any hazardous substances or materials, including but not limited to, fueling
or oiling any vehicles or machinery on the School Site. The Developer shall indemnify and hold
harmless the District from and against any and all claims, actions, causes of action, loss,
damages, injuries, liabilities, costs and expenses, including without limitation attorneys' fees,
arising from the Developer's use of the Temporary Construction Easement. The Developer's
right to use the Temporary Construction Easement shall automatically terminate upon the earlier
of the following: (i) the date of completion of the residential units in the Development; (ii) six
(6) months after the date that the District provides the Developer written notice that the District
has, in its sole discretion, terminated the Temporary Construction Easement or(iii)ten (10) years
from the date of this Agreement. Upon the termination of the Temporary Construction
Easement, the Developer, at its sole cost and expense, shall commission Ardaman & Associates
(or another Florida licensed and certified environmental engineering firm that is reasonably
acceptable to the District) to perform a Phase 1 environmental assessment of the School Site
3
16F 2
(including reasonable soil testing samples) and produce and deliver a report to the District stating
that no adverse environmental conditions have arisen as a result of the Developer's use of the
Temporary Construction Easement.
8. The Impact Fee Credit identified herein shall run with the Development. The
Impact Fee Credit shall be reduced and exhausted on a unit by unit basis. The Impact Fee Credit
set forth herein shall not offset, diminish or reduce any other charges, fees or other educational
impact fees for which Developer, its successors and assigns, are responsible in connection with
the development of their other lands. It shall be Developer's, or its successors' and assigns',
obligation to notify the County that the Impact Fee Credit is available each and every time that
Educational Impact Fees may become due.
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. Developer
may freely assign or transfer all or any portion of the Impact Fee Credit to successor owners of
all or part of the Development or to another development(s) as provided for in the Impact Fee
Ordinance.
10. Developer acknowledges and agrees that the failure of this Agreement to address
any permit, condition, term or restriction shall not relieve either Developer, or its successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing
applicable permitting requirements, conditions, terms or restrictions.
11. At County's option, an annual examination and audit of compliance may be
performed by the County to determine compliance with, and performance under, this Agreement,
including whether or not there has been demonstrated good faith compliance with the terms of
this Agreement and to review the balance of available Impact Fee Credit.
12. 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.
13. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and
there remains 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 then file an action in the Circuit Court of Collier County, which shall be the exclusive
venue with respect to any disputes arising out of this Agreement. This Agreement shall not be
construed or characterized as a development agreement under the Florida Local Government
Agreement Act.
4
16F 2
14. 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.
15. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the parties.
With the exception of the administration of the Impact Fee Credit, and except where otherwise in
direct conflict with Florida Statutes Section 768.28, the District and the Developer jointly agree
to defend and hold County harmless from any claims arising out of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST: • " '" BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY FLORIDA
BY f�-- o By: -.-6(/L
Attest as'to Chairman'si p s rk Tim Nance, Chairman
signature {Y ,,i
Approve II y_ -1 "iand legality:
iii
\k1 A
Jeffrey A. ;'!1.f`ko, County Attorney
I T - " - i 9L DISTRIC I COLLIER
r OUN ! , F ORIDA
f 4
of t , pi,
: •n Kathleen Curatolo, School Board Chair
Attest: l �.,, i
Dr. Kamela Patton, Superintendent
pprove to form and legal sufficiency:
o\, k\
Fishbane, District General Counsel
5
16F 2
PARKLANDS ASSOCIATES I, LLLP, a
Florida limited liabilit imited partnership
By: Parklands .: Corporation, a
Florida Co •o , its General Partner
ilii
By:
Richard Arkin, Vice President
Witnesses: 4/
Mita:174,-,
Signature
-W2Dt ) /
Pri ed Name
01. e.
Signature
RC41-eC.Cet C. N1 e.d 1
Printed Name U
STATE OF FLORIDA
COUNTY OF BRa wi RD
The foregoing instrument was acknowledged before me this / day of
_Ap►i, I , 2015, by Richard Arkin, as Vice President of Parklands Genpar
Corpoition, a Florida corporation. He e is personally known to me, or he has produced driver's
license no. as ide ation
Cc.e
ti" CA}Crj;�tt'�, NO Y PUBLIC
E� MF `�fr
Printed Name
i*= My Commission Expires:
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EXHIBIT B
DESCRIPTION
15 ACRE PARKLANDS SCHOOL SITE
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER,
LYING IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING A PORTION OF A PARCEL
OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4551 AT PAGE 1565 OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID POINT LYING ON THE
WESTERLY RIGHT-OF-WAY LINE OF LOGAN BOULEVARD NORTH (80.00 FEET WIDE) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4856 AT PAGE 2763, SAID POINT LYING ON A NON-
TANGENT CURVE TO THE RIGHT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 740.00
FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT BEARS N 44°50'32" E AT A DISTANCE
OF 1046.94 FEET; THENCE N 89°51'55" E FOR A DISTANCE OF 702.79 FEET TO THE POINT OF
BEGINNING.
FROM SAID POINT OF BEGINNING; THENCE N 00°08'05"W FOR 664.28 FEET; THENCE N 89°52'10"
E FOR 1124.40 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID
LOGAN BOULEVARD NORTH; THENCE S 00°24'22" E ALONG SAID RIGHT-OF-WAY LINE FOR 1.07
FEET; TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 660.0 FEET SAID CURVE BEING SUBTENDED BY A CHORD
THAT BEARS S 44°43'47" W AT A DISTANCE OF 935.59 FEET; THENCE CONTINUE ALONG SAID
CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 90°16'17" FOR 1039.85 FEET;
THENCE S89°51'55" W ALONG SAID RIGHT-OF-WAY FOR 464.42 FEET TO THE POINT OF
BEGINNING.
PARCEL SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD.
BEARINGS SHOWN ARE STATE PLANE COORDINATE FOR THE FLORIDA EAST ZONE (NORTH
AMERICAN DATUM OF 1983/1990 ADJUSTMENT). WITH THE SOUTH LINE OF SECTION 9,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEARING S 89°53'05"W.
16F 2
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