Backup Documents 12/08/2015 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TIJ L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A
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 Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already 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 12/8/15
4. BCC Office Board of County 'TNS b
Commissioners o`(/s/ Z\.5L\c
5. Minutes and•Records Clerk of Court's Office
Pi6 12116�15 ( •���r''
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 Mike Bosi,G owth Management 252-6819
Contact/ Department
Agenda Date Item was 12/8/15 Agenda Item Number 16-A-19
Approved by the BCC
Type of Document Bentley Village Agreement Number of Original One
Attached Documents Attached
PO number or account co-tti'tda-c't AOts.c 13o•sc
number if document is S,,.,,,ms ,ova t \
to be recorded
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 12/8/15 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 fel
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the V is not
BCC,all changes directed by the BCC have been made,and the document is ready for t e an optioNti
Chairman's signature. ` - r • line/
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
16 A 19
MEMORANDUM
DATE: December 28, 2015
TO: Mike Bosi, Division Director
Planning & Zoning Division
FROM: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE: Agreement between the Collier County Board of County Commissioners
and CC-Naples, Inc., for partial redevelopment of Bentley Village, a
continuing care retirement community in the Retreat at Naples PUD
Attached for your records is a copy of the recorded document referenced above,
(Item #16A19) approved by the Board of County Commissioners on December 8, 2015.
A receipt for the charges involved in recording the agreement in the County's Official
Records, is also attached.
The original agreement will be held in the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
6 A 1L
BENTLEY VILLAGE REDEVELOPMENT AGREEMENT
This Agreement is made and entered into this g ,day of D c . b Sr;2015, by and
between CC-Naples, Inc., a Delaware Corporation ("Owner"), and The Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County("County").
RECITALS:
WHEREAS, the property ("Property") governed by this Agreement consists of
approximately 156 acres in unincorporated Collier County, commonly known as "Bentley
Village" or"Vi at Bentley Village" (hereinafter`BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat,with an allowable maximum density of 740 Units; and
WHEREAS, BV operates as a continuing care retirement community (a "CCRC") for
senior citizens on the Property; and
WHEREAS, the Owner is constructing additional Units at BV pursuant to permits issued
under the approved Site Development Plan Amendment(the "Redevelopment Project"); and
WHEREAS, the Owner intends to demolish three (3) multi-family buildings, Buildings
15, 16 and 17, located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the
"Wateredge Buildings"), pending vacancy of all Units within each building currently occupied
by long-term BV residents. The parties acknowledge and recognize that, upon the demolition of
the Wateredge Buildings, the total number of Units then constructed on the entire Retreat PUD
will be within the maximum density of 740 Units; and
WHEREAS, in anticipation of the Redevelopment Project, the Owner developed and has
executed a long-term transition plan to relocate current, long-term BV residents who occupy
Units in the Wateredge Buildings, such that (i) all Units in the Wateredge Buildings may be
vacated consistent with the Owner's CCRC operations at BV, and (ii) the orderly demolition of
each of the Wateredge Buildings may be accomplished without unnecessary interruption to long-
term BV residential occupants; and
INSTR 5206943 OR 5223 PG 3978
1 RECORDED 12/16/2015 9:39 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
16A19
WHEREAS, the parties recognize that it is critical to minimize the impact of the
Redevelopment Project on BV residents who currently occupy Units located within the
Wateredge Buildings.
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 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. Owner agrees that, until demolition occurs for at least two (2) of any of the
Wateredge Buildings, that it shall not occupy or make available for occupancy any current,
vacant Units in those three (3) buildings. Further, the Owner agrees that, once vacated, any Unit
in the Wateredge Buildings shall remain vacant and unoccupied pending demolition under the
terms of this Agreement. The Owner agrees that such demolition shall be completed no later
than five (5) years from the date of the approval of this Agreement.
3. Collier County agrees to issue Certificates of Occupancy to Owner for the 72
Units being constructed under the Approved Permits and Site Development Plan Amendment,
irrespective of the status of the demolition of the Wateredge Buildings, once all other terms of
the Approved Permits related to the 72 Units being constructed by Owner have been met. The
vacant, unoccupied Units within the Wateredge Buildings shall not be used in calculating impact
fees for purposes of issuing the Certificates of Occupancy for any of the new Units.
4. Nothing herein shall affect or limit the right and ability of the Owner to submit
additional property located on or within the Owner's Property for development or
redevelopment.
Legal Matters:
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
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16A19
6. 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.
7. Owner 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.
8. 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 permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
To County: To Owner:
Harmon Turner Building CC-Naples, Inc.
Naples, Florida 34112 do Classic Residence Management
Attn: County Manager Limited Partnership
Phone: (239) 774-8872 Attn: General Counsel
Facsimile: (239) 774-9370 71 South Wacker Drive, Suite 900
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
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.
9. Owner 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
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16A19
into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall
provide a copy of the recorded document to the Owner upon request.
10. 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.
11. 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. 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
SIGNATURE PAGE TO FOLLOW
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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 I e,�° LC . By:
P
liti deputy Clerk Tim
Atte t aNance, Chairman
s::�� � .�
sig.,1.1 W.
Appre i i
,I ,rm and legality:
111 ilt-I, 'i
Jeffrey 1 r , County Attorney
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
By: I l'' ,��______ . �:
Pri ame: , ' Y t 4,4,,,13,_
Title: IC-'
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)ss:
COUNTY OF COOK )
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the
6
State of Illinois, on this _ day of AL I/ en.,6 ��. , 2015, by %�a A(do,. / , e1 .3s o.t(
, as `'`-t)k_f s dc. 'e k.--t- (type of authority, e.g., officer, trustee, etc.) of CC-
NAPLES, INC., a Delaware Corporation, d/b/a Vi at Bentley Village.
Notary Public
Name: `-- 'elicl o---\45Q--/-c-'
State of ' L[ ( 1 ,c.is
OFFICIAL SEAL ; My Commission Expires: LI/:3/:3c/ 7
FELICIA BATES
■
Notary Public -State of Illinois
My Commission Expires 05/13/2017
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