Agenda 06/28/2016 Item #16A27 6/28/2016 16.A.27.
EXECUTIVE SUMMARY
t"\ Recommendation to approve a Tri-Party Developer Contribution Agreement with Hacienda Lakes
of Naples, LLC, and The District School Board of Collier County to allow Hacienda Lakes of
Naples, LLC, to convey a 19.5-acre parcel within the Hacienda Lakes MPUD for use as an
elementary school site in exchange for Educational Impact Fee credits in the sum of $2,834,750
which exchange is in accordance with the Developer commitments set forth in the MPUD
document,and which sum represents the appraised fair market value of the parcel.
OBJECTIVE: To approve a Tri-Party Developer Contribution Agreement(DCA) with Hacienda Lakes
of Naples, LLC, and The District School Board of Collier County (School Board) to allow Hacienda
Lakes of Naples, LLC, to convey a 19.5-acre parcel within the Hacienda Lakes MPUD for use as an
elementary school site in exchange for Educational Impact Fee credits in the sum of$2,834,750.
CONSIDERATIONS: Hacienda Lakes of Naples, LLC, is the developer of a 2,262 +1- acres of
property located on the east side of Collier Boulevard (CR 951), near its intersection with Rattlesnake
Hammock Road in unincorporated Collier County,Florida. The County approved Ordinance Number 11-
41, changing the zoning classification from the Agricultural (A) with Agricultural-Special Treatment
Overlay (A-ST) and PUD Zoning District (Swamp Buggy Days PUD) to a Mixed Use Planned Unit
Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD and also
approved Resolution Number 2011-201 and Development Order 2011-05 for the Hacienda Lakes
Development of Regional Impact (DRI). In accordance with the Developer commitments set forth in
Resolution Number 2011-201 and Development Order 2011-05, the developer agreed to donate a 19.5-
acre parcel per an agreement approved by the School Board on June 14,2016.
FISCAL IMPACT: There is no fiscal impact to Collier County. The County is simply administering
the impact fee collections on behalf of the School District. With respect to the School District,they have
advised us that the requested educational impact fee credits equal the appraised fair market value of the
19.5-acre parcel to be conveyed.
GROWTH MANAGEMENT IMPACT: This agreement is consistent with the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item (which has already been approved by the School
Board) 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 Tri-Party Developer Contribution Agreement with Hacienda
Lakes of Naples, LLC, and The District School Board of Collier County to allow Hacienda Lakes of
Naples, LLC, to convey a 19.5-acre parcel within the Hacienda Lakes MPUD for use as an elementary
school site in exchange for Educational Impact Fee credits in the sum of$2,834,750.
Prepared by: Paula Fleishman, Senior Operations Analyst, Capital Project Planning, Impact Fees and
Program Management Division,Growth Management Department
Attachment:
1.Developer Contribution Agreement
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6/28/2016 16.A.27.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.27.
Item Summary: Recommendation to approve a Tri-Party Developer Contribution
Agreement with Hacienda Lakes of Naples, LLC, and The District School Board of Collier County
to allow Hacienda Lakes of Naples, LLC,to convey a 19.5-acre parcel within the Hacienda Lakes
MPUD for use as an elementary school site in exchange for Educational Impact Fee credits in
the sum of$2,834,750 which exchange is in accordance with the Developer commitments set
forth in the MPUD document, and which sum represents the appraised fair market value of the
parcel.
Meeting Date: 6/28/2016
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Capital Project Planning,Impact Fees and Program Management
6/20/2016 2:29:23 PM
Submitted by
Title: Operations Analyst, Senior, Capital Project Planning,Impact Fees and Program Management
Name: FleishmanPaula
6/20/2016 2:29:24 PM
Approved By
Name: PattersonAmy
Title:Division Director-IF,CPP&PM,Capital Project Planning,Impact Fees and Program
Management
Date: 6/21/2016 9:20:52 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/21/2016 10:57:13 AM
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6/28/2016 16.A.27.
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/21/2016 11:21:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/21/2016 11:51:12 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/21/2016 1:55:19 PM
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6/28/2016 16.A.27.
HACIENDA LAKES MPUD/DRI
TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT
THIS TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT (the"Agreement")
is made and entered into this of , 2016, by and between
HACIENDA LAKES OF NAPLES LLC,a Florida limited liability company, ("Hacienda Lakes
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, Hacienda Lakes is developing approximately 2,262 +1- acres of property
located on the east side of Collier Boulevard (CR 951), near its intersection with Rattlesnake
Hammock Road in unincorporated Collier County, Florida;
WHEREAS, with respect to said property, on October 25th, 2011, the County approved
Ordinance Number 11-41, changing the zoning classification from the Agricultural (A)
Agricultural-Special Treatment Overlay (A-ST) and PUD Zoning District (Swamp Buggy Days
PUD)to a Mixed Use Planned Unit Development(MPUD) zoning district for a project known as
the Hacienda Lakes MPUD and also approved Resolution Number 2011-201 and Development
Order 2011-05 for the Hacienda Lakes Development of Regional Impact (DRI) (hereinafter,
collectively 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 Resolution
Number 2011-201 and Development Order 2011-05, Hacienda Lakes, as Developer, agrees to
dedicate and convey to the District nineteen-and-one-half(19.5) 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
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contract whereby Developer conveys the School Site to the District and the County grants and
issues to Hacienda Lakes an Educational Impact Fee credit.
2. The District shall have a Due Diligence Period of fifteen (15) days from the date
that this Agreement is fully executed to conduct feasibility studies, environmental assessments,
surveys, title work 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 be used for a public elementary school. Water and sewer
connections shall be available at the School Site. The School Site shall have direct and
permanent access (in accordance with County Standards) to and from the extension of
Rattlesnake Hammock Road, a public right-of-way. The District shall be responsible for the
construction of all access improvements from the edge of the public right-of-way into the School
Site. The Development storm water management system will accept the storm water runoff from
the School Site and provide the necessary storage and attenuation. The District shall provide
storm water quality pretreatment and storage, as required.
4. In accordance with Florida Statutes Section 1013.14(1)(b),( )(b), the District obtained
two (2) appraisals for the School Site, one from ARC Realty Advisors, Inc. and another from
Stewart & Company, both independent state certified appraisers, to establish the value of the
School Site. The average appraised value of the two appraisals is$2,834,750 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 July 13th, 2016 at the Naples, Florida
office of Stewart Title Company (the "Title Company"). 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 (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. The Developer shall not subject the School Site
to any Declaration of Covenants, Restrictions and.Easementsfor the Development or any other
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similar document recorded by the Developer and imposing restrictions or payment obligations
upon the owner of the School Site ("Declaration"). If the School Site is subject to such a
Declaration, Developer shall execute and deliver to the Title Company a supplemental
amendment to the Declaration,withdrawing and excluding the School Site from the Declaration,
to be recorded by the Title Company, prior to the recording of the conveyance deed for the
School Site. The Developer shall prepare and deliver to the Title Company 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. The District shall be solely responsible
for the cost of obtaining a survey of the School Site, a title insurance policy and the closing
services of the Title Company. The Developer shall be solely responsible for the cost of any
filing or recording fees (except for the deed) and the documentary stamps for the conveyance
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 so shall all taxes (and special assessments)
assessed and due for the current calendar year. The District is a tax exempt entity and there shall
be no proration of taxes 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. 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.
8. 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.
9. 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.
t\ a
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6/28/2016 16.A.27.
10. 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.
11. In the event State or Federal laws are enacted after the execution of this
Agreement, that 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.
12. 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.
13. 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.
14. 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.
[Remainder of Page Intentionally Left Blank]
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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.
Al 1 EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY FLORIDA
By: By:
, Deputy Clerk Donna.Fiala, Chair
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
By --- 7 I ' , ,
Jul e Sprague 'C It r
Attest: t, ' 43.1.‘„,-
Dr. Kamela Patton, Superintendent
pprov as to form and legal sufficiency:
J r.Fishbane,District General Counsel
.-. 5
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6/28/2016 16.A.27.
HACIENDA LAKES OF NAPLES LLC,
a Florida limitedliability company
l' ,------
By:
Print 'i e: - v;aA g. 7ort'e;
/ Ia Print-d Title: a &,c e--e-
Witnesses: ..ci
Signature
Rig I-zs'
Prime• ;ame
"11111k19—
Si• '-! e
Alt2.1A1-4 4,1.-iiCte
Printe. Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this +c 'day of
Ora—A----k , 2016, by -1' .,o l s."-4, 6-t i3 pits k;--ta(r row-GT C% .sr of
HACIENDA LAKES OF NAPLES LLC, a Florida limited liability company. He is personally
known to me, or he has produced driver's license no. — as "'
iden�"ftification
MI
�*'c NI Notary Public State of Florida .4 Y PUBLIC
?4 Maritza Agtar W
s"ap i1t EcpMY freH 211U81 17 475151
Printe• Name
My Commission Expires: 1Aoictk
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6/28/2016 16.A.27.
Exhibit "B"
(Legal Description of School Site)
A portion of Tract FD-1 of Hacienda Lakes of Naples,as recorded in Plat Book 55 at Pages
10 through 21 of the Public Records of Collier County,Florida also being a portion of
Sections 14 and 23, Township 50 South,Range 26 East, Collier County, Florida, and being
more particularly described as follows:
BEGIN at the Southeast corner of Section 14, Township 50 South, Range 26 East, also being
a point along the easterly boundary of Tract FD-1 of Hacienda Lakes of Naples,as recorded
in Plat Book 55 at Pages 10 through 21 of the Public Records of Collier County, Florida;
Thence run South 01°28'07"West,along the easterly line of said Tract FD-1,for a distance
of 90.20 feet;Thence run South 87°37'31"West,a distance of 915.52 feet; Thence run
North 00°47'12" East,a distance of 120.18 feet;Thence run South 87°37`31"West, a
distance of 280.43 feet; Thence run North 00°47'12"East,a distance of 620.44 feet to its
intersection with the northerly boundary of said Tract FD-1; Thence run North 87°37'31"
East,along the northerly line of said Tract FD-1,a distance of 1196.89 feet,to the
northeasterly corner of said Tract FD-1;Thence South 00°46'29"West, along the easterly
boundary of said Tract FD-1, a distance of 650.48 feet to the POINT OF BEGINNING.
Containing 19.55 acres or 851,455 square feet, (more or less)
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