Agenda 06/11/2013 Item #16F26/11/2013 165.2.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the December 3, 2002 Contribution
Agreement, relating to the Sierra Meadows development, by providing that impact fee
credits will run with the land in perpetuity, interest free, until used or assigned and
providing for allocation of the credits as required by the Agreement.
OBJECTIVE: That the Board of County Commissioners (Board) approves an amendment to
the Developer Contribution Agreement for the Sierra Meadows development to allow the Road
Impact Fee credits to run with the land in perpetuity, interest free, until used or assigned,
consistent with the provisions of Section 74- 205(f)(4) of the Collier County Code of Laws and
Ordinances, and provide for the allocation of the credits as required by the Agreement.
Presently, the $183,600 in Road Impact Fee credits are unavailable due to the expiration of the
agreement in 2009.
CONSIDERATIONS: Four owners /developers are successors in interest to Alanda Ltd. and
Wallace R. Devlin, Sr. ( "Devlin "), who were parties to a Standard Form Collier County
Developer Contribution Agreement for Road Impact Fee Credits, dated December 3, 2002, and
recorded in Official Records Book 3168, Page 1339, of the Public Records of Collier County,
Florida (hereinafter the "Contribution Agreement "). The Agreement provided for impact fee
credits in exchange for the donation of land specified as needed right -of —way. Although the
County received the benefit of this contribution, the Developers have not yet been able to utilize
the impact fee credits, due in part to the economic downturn.
Recently, the owner /developer of the residential tract contacted the County, as they were
proceeding with the construction of 228 multi - family units on the subject site, and requested that
the Agreement be amended to reflect the current provisions of Section 74- 205(f)(4) of the Collier
County Code of Laws and Ordinances, which provides that Road Impact Fee credits run with the
land in perpetuity, interest free, until used or assigned.
The proposed amendment provides the updated language, consistent with the Code provisions,
and, as required by the Agreement, includes a breakdown of the amount of credit available for
each parcel (incorporated as part of Appendix A). The owners /developers of the commercial
tracts concur with the proposed amendment.
Due to the timing of the presentation of this item for consideration, the owner /developer of the
residential parcel elected to pay the Road Impact Fee in full for the multi - family project in order
to continue moving forward with construction. They are requesting that upon approval of the
amendment, impact fees paid in the amount of the available residential credits ($60,841.58) be
refunded.
FISCAL IMPACT: Without this amendment, the developers /owners will not be able to utilize
their respective Road Impact Fee credits, totaling $183,600, granted for a previous land donation.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
to this request.
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6/11/2013 16. F.2.
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: That the Board of County Commissioners approves an amendment to
the Developer Contribution Agreement for the Sierra Meadows development to allow the Road
Impact Fee credits to run with the land in perpetuity, interest free, until used or assigned,
consistent with the provisions of Section 74- 205(f)(4) of the Collier County Code of Laws and
Ordinances, and provide for the allocation of the credits as required by the Agreement, and
approves any necessary budget amendments related to the refund.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Office of Management and Budget
Attachments:
1) Proposed Amendment
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6/11/2013 165.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. F. 16. F. 2.
Item Summary: Recommendation to approve an amendment to the December 3, 2002
Contribution Agreement, relating to the Sierra Meadows development, by providing that
impact fee credits will run with the land in perpetuity, interest free, until used or assigned and
providing for allocation of the credits as required by the Agreement.
Meeting Date: 6/11/2013
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
5/31/2013 9:15:13 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/2013 9:45:41 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/4/2013 3:56:15 PM
Name: OchsLeo
Title: County Manager
Date: 6/4/2013 5:59:51 PM
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6/11/2013 16. F.2.
FIRST AMENDMENT TO DECEMBER 3, 2002 STANDARD FORM
COLLIER COUNTY CONTRIBUTION AGREEMENT
FOR ROAD IMPACT FEE CREDITS
THIS FIRST AMENDMENT ( "First Amendment ") is made and entered into this _
day of ' 2013, by and between SIERRA GRANDE HOLDINGS,
LLC., a Delaware limited liability company, Sierra Meadows, LLC, a Florida limited liability
company, Pelican Bay/Hammock Woods II, LLC, a Florida limited liability company, and Swan
FM, LLC, a foreign limited liability company (hereinafter referred to as "Developers ") and the
Board of County Commissioners of Collier County, Florida, as the governing body of Collier
County (hereinafter referred to as "County ").
RECITALS:
WHEREAS, the Developers are successors in interest to Alanda Ltd. and Wallace R.
Devlin, Sr. ( "Devlin "), who were parties to that certain Standard Form Collier County
Contribution Agreement for Road Impact Fee - Credits dated December 3, 2002, and recorded in
Official Records Book 3168, Page 1339, of the Public Records of Collier County, Florida
(hereinafter the "Contribution Agreement "); and
WHEREAS, Devlin owned the Residential Tract subject to the Contribution Agreement
and, pursuant to Paragraph 2 thereof, was granted $60,841.58 in impact fees for the Residential
Tract; and
WHEREAS, Alanda Ltd. owned the Commercial Tracts subject to the Contribution
Agreement and, pursuant to Paragraph 2 thereof, was granted $122,758.42 in impact fees for the
Commercial Tracts; and
WHEREAS, Paragraph 4 of the Contribution Agreement allows for the amendment or
modification upon the mutual written consent of the parties or their successors in interest; and
WHEREAS, Paragraph 10 of the Contribution Agreement requires that if one or more
developer or parcel is to benefit from the impact fees credits, the amount of each credit available
to each parcel will be described in Exhibit A, and
WHEREAS, on May 25, 2010, the Board enacted Ordinance No. 2010 -22, which
amended the Consolidated Impact Fee Ordinance by providing for, among other things, that
impact fee credits shall run with the land in perpetuity, interest free, until used or assigned; and
WHEREAS, the Developers and County have agreed to amend the Contribution
Agreement as provided herein.
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6/11/2013 16. F.2.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between 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. Paragraph 13 of the Contribution Agreement is hereby amended as follows:
L 11 t be a period in c_ *e of five -(5) fte rthe date of the ,�iea t:..«
f land, _ __' btit in He + ___ __ r ___ _ -t h 11 the '1 t;'1'+. -years ^ .7't -.a t1.' !'' tril. „troZ,=
+r e i
i' t1.' ! tFib t' A gr-ee Rl the _Offs + .,1 Re r-ds of Cell 0« Ce ..t,.
b a
Fier-ida. For- the r r agreement,
the date ef aeseptanee by the Geut4y. Impact fee credits or cash payment shall
run with the land in perpetuity, interest free until used or assigned.
3. Exhibit "A” of the Contribution Agreement, attached hereto, is hereby amended by
inclusion of the credit allocation.
4. Except as otherwise modified herein, the remaining provisions in the Contribution
Agreement shall remain in full force and effect.
5. If there is any conflict between this First Amendment and the Contribution Agreement,
the provisions of this First Amendment shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES TO FOLLOW
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6/11/2013 16. F.2.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
STATE OF "FLOPS OA
COUNTY OF J4 iAm, - 060e_
SIERR HOLDINGS, LLC, a Delaware
limit b FLORIDA REAL
as M ber a
By:
Print Name: +vW0XX3 1aVtF_gSi-t
Title: y-yAe,y-a,
Date:
The foregoing instrument was acknowledged before me this 1 # day of
+1M Pry , 2013, by PffljAvn Upsateff, , as Mdv�sAc� jv,,�4, mtt4%t4 of
FLORIDA REAL ESTATE VALUE FUND, LP, a , as Managing
Member of SIERRA GRANDE HOLDINGS, LLC, a Delaware limited liability company. He
/she is personally known to me, or [ ] has produced driver's license no.
as identification.
NOTARY PUBLIC
SEAL;`,:.", f7ORA8EREBREOK
# * W WNM WON i PF 81M Printed Name: P - p ac�s:aatzz.2on
Commission Expires: 41Sa/
[Signatures continue on following page]
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Signed, sealed and delivered in
the presence of
Witnel3s
P Name: .� U►"`
U,
Witness
Printed Name: l_C
STATE OF
COUNTY OF Col I D/r
6/11/2013 161.2.
SIERRA MEADOWS, LLC, a Florida limited
liability company
Print Name:
Title:
Date:
Date:
Th foregoing instrument Ar aclmowledged �e�re me this � day of
c� 2013, by Ke 5- Carn'r,,� 1� �a of
SIERRA N OWS, LLC, a Florida limited liability compan . He/she is personally known to
me, or [ of has produced driver's license no. e 514 S 1 :. ; -4- f as identification.
Mwpa 1. SCHUMACHER NOTARY PUBLIC
Hoerr ftft . ft" oI ftwa
SEA M► COMM, ExOn A" e. 2016
Printed Name:
Commission Expires: � 8r , 2-0/(n
[Signatures continue on following page]
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6/11/2013 161.2.
Signed, sealed and delivered in the PELICAN BAY /HAMMOCK WOODS II, LLC, a Florida
presence of: limited liability company
&hAL 0QlXQ
Witness
Printed Name Cl !� qq u' By:
Print Name: 0� G• V3���c�r•.
Witness ` ll
Printed Name: 6t1t��sJ`cd Title:
Date:
5' % N
STATE OF �OJ %Ch.,
COUNTY OF F-\V
The for going instru ent was acknowled d before me this day of NO 2013,
by 0'` C,*41�¢�e�.� as of PELICAN BAY /HAMMOCK
WOODS I , LC, a Florida limited liability company. He 4M is personally known to me, oe r"]'ttas
produce tion.
NOTARY PUBLIC
SEAL ' —%0V \-Ov:%
Printed Name: _ 0 Q0 -%4 1-0--L
Commission Expires: \V' N%•t'
.t
7
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6/11/2013 165.2.
Signed, sealed and delivered in SWAN FM, LLC a Foreign limited liability
the presence of company
:29 Za&tr�
Witness
Printed Name: By:
Print Name: V.tS .S
Ai ess
Printed Name: G Title:
Date: --3
STATE OF L,5
COUNTY OF -),
The 'instrument was acknowled ed before me th� ` d y of RUB
2013, by e -tt a\Ao&S , as N�f"(�-Icz- of SW ,
LLC, a Foreign limited liability company. He/she is personally known to me, or [ ] has
produced driver's license no, V)"t � `, � )- l 9 Z.. Q Z, as identification.
r' 1
KSTAITEOFTEXAS Nt)JlLl OKE ORONA RY P08UC . DcP.O zotA Printed Name:
Commission Expires:
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ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
to form and
legal
Jeffr(
6/11/2013 16.F.2.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
7
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6/11/2013 16. F.2.
Exhibit "A"
Impact Fee Credit Allocations
Parcel Ownership Credit Allocation
Residential (Tract 8) Sierra Grande Holdings, LLC $60,841.58
Commercial
Lot 1
Sierra Meadows, LLC
$7,944.43
Lot 2
Sierra Meadows, LLC
$7,360.62
Lot 3
Sierra Meadows, LLC
$5,753.01
Lot 4
Pelican Bay /Hammock Woods II
$12,952.79
Lot 5
Swann FM LLC
$6,278.90
Lot 6
Sierra Meadows, LLC
$9,084.70
Lot 7
Sierra Meadows, LLC
$8,993.53
Lot 8
Sierra Meadows, LLC
$31,092.44
Lot 9
Sierra Meadows, LLC
$33,298.00
Sub -total (Commercial)
$122,758.42
TOTAL
$183,600.00
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