Agenda 03/10/2020 Item #16K 3 (Developer Contribution Agreement)03/10/2020
EXECUTIVE SUMMARY
By request of the Collier County School Board, recommendation to enter into a Tri -Party
Developer Contribution Agreement with Ave Maria Development, LLLP and The District School
Board of Collier County, Florida, and approve the issuance of educational impact fee credits to the
Developer for the construction of an elementary school on School Board property in the Town of
Ave Maria as provided for in the Developer Contribution Agreement.
OBJECTIVE: That the Board of County Commissioners (Board) approves the proposed Town of Ave
Maria Tri-Party Developer Contribution Agreement (DCA) in order to issue educational impact fee
credits to the Developer of Ave Maria for construction of an elementary school on School Board property
in the Town of Ave Maria, as provided for in the DCA.
CONSIDERATIONS: In this item, the School Board is requesting Board approval of a Developer
Contribution Agreement in which the Developer of the Town of Ave Maria has agreed to build an
elementary school at the estimated cost of $10 million in exchange for Impact Fee Credits. The County’s
role in this Agreement is primarily administrative, as the County is the entity that collects and administers
School Impact Fees.
As a background, the Town of Ave Maria was created by the County and is located just north of Oil Well
Road and adjacent to Camp Keais Road, which at build-out will include 11,000 residential units, 690,000
gross square feet of retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of
medical facilities, 148,500 square feet of gross civic uses, 600,000 square feet of light industrial/
warehousing, 400 hotel rooms, public school sites, a private K-8 and high school, and Ave Maria
University, which will support 6,000 students. The Developer of Ave Maria and the School Board
previously entered into a Memorandum of Understanding wherein the Developer agreed to transfer 46
acres of land in Ave Maria to the School District in exchange for a $2,745,000 credit against school
impact fees, which transfer duly took place.
Although the School District currently has no immediate plans to construct a school on the Land, the
Developer wishes to have a public elementary school constructed and operated on the Land. The
Developer and the School District have accordingly agreed that the Developer will design, permit,
finance, and construct a single building (with appropriate furniture, fixtures and equipment) designed to
accommodate approximately 400 elementary school students (the “Project”) on the Land. In exchange,
the Developer will receive school impact fee credits in the actual amount of the Project Costs, which are
estimated to be Ten Million Dollars, with the final amount determined by the District and the Developer.
From the County’s perspective, the proposed Agreement is substantially similar to two prior agreements
of this nature that were previously approved by the Board (Hacienda Lakes and Parklands, in which land
was given to the School District in exchange for School Impact Fee Credits). Since this is a construction
project and not just a land donation, an additional clause was added by the County Attorney to make it
clear that the Project’s costs and procurement process will be consistent with the District’s policies, not
the County’s, and County may rely on the District’s determination as to the propriety of all Project Costs
incurred.
The proposed Agreement has been executed by the Developer and was approved by the School Board on
March 2, 2020.
FISCAL IMPACT: None
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GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney and
requires a simple majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached Amendment
to Town of Ave Maria Tri-Party Developer Contribution Agreement which incorporates the revisions to
the Collier County Consolidated Impact Fee Ordinance relating to developer contribution credit and
allows the impact fee credits to run with the land until used or transferred.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Contribution Agreement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 11900
Item Summary: By request of the Collier County School Board, recommendation to enter into a
Tri-Party Developer Contribution Agreement with Ave Maria Development, LLLP and The District
School Board of Collier County, Florida, and approve the issuance of educational impact fee credits to the
Developer for the construction of an elementary school on School Board property in the Town of Ave
Maria as provided for in the Developer Contribution Agreement.
Meeting Date: 03/10/2020
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
03/04/2020 3:48 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/04/2020 3:48 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/04/2020 3:56 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 03/04/2020 3:47 PM
County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 03/04/2020 3:55 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/04/2020 4:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM
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16.K.3.aPacket Pg. 1470Attachment: Contribution Agreement (11900 : CCPS Ave Maria)
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16.K.3.aPacket Pg. 1475Attachment: Contribution Agreement (11900 : CCPS Ave Maria)
16.K.3.aPacket Pg. 1476Attachment: Contribution Agreement (11900 : CCPS Ave Maria)
16.K.3.aPacket Pg. 1477Attachment: Contribution Agreement (11900 : CCPS Ave Maria)
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16.K.3.aPacket Pg. 1479Attachment: Contribution Agreement (11900 : CCPS Ave Maria)