Agenda 11/10/2020 Item #16A10 (Developer Agreement - Pulte Home Company, LLC)11/10/2020
EXECUTIVE SUMMARY
Recommendation to approve a Developer Agreement with Pulte Home Company LLC (Developer)
and Collier County (County) to reserve capacity within the Transportation concurrency system in
exchange for the Developer prepaying a portion of the road impact fees, donating land and
easements to the County and receiving stormwater for a future improvement to Randall Boulevard
and work cooperatively to construct a water main and sewer force main connection between Oil
Well Road and Randall Boulevard.
OBJECTIVE: For the developer to prepay one-third of their roadway impact fees, accept and treat the
stormwater run-off from the future Randall Boulevard improvements, donate right-of-way acres along
Randall Boulevard and grant easements for Stormwater in exchange for reserving capacity within the
transportation concurrency system.
CONSIDERATIONS: The County has planned future improvements to Randall Boulevard. The
Orangetree Mixed Use Planned Unit Development (MPUD) is located along the corridor where the
improvements are anticipated. The conceptual plans for the roadway will require addition right-of-way
and stormwater management on the north side of Randall Boulevard. The Developer has agreed to accept
and treat the stormwater created by the road improvements as well as install manholes and piping along
the north side of Randall Boulevard. A construction easement, as well as a maintenance easement, will be
granted to the County at no cost to the County. The Developer will also prepay one-third of their road
impact fees, which is anticipated to be approximately $2,084,665 (based on the current adopted impact
fees for a single-family detached home).
In 2016, Collier County began the Randall Boulevard and Oil Well Road Corridor Study. This study
evaluated several corridor alternatives to enhance traffic operations and safety conditions based on current
and future travel demands. In May 2019, the Board adopted Viable Alternative 2+, which included the
following improvements:
Randall Boulevard (8' Street NE to Everglades Boulevard - 6 lanes)
Randall Boulevard (Everglades Boulevard to Big Cypress Parkway - 4 lanes)
Oil Well Road (Everglades Boulevard to Oil Well Grade Road - 6 lanes)
Everglades Boulevard (Randall Boulevard to Oil Well Road - 4 lanes)
Additional regional roadway needs to enhance access, safety, and mobility:
Vanderbilt Beach Road (16' Street NE to Big Cypress Parkway)
Everglades Boulevard (Vanderbilt Beach Road Ext. to Randall Boulevard)
Big Cypress Parkway (Golden Gate Boulevard to Immokalee Road)
The right-of-way and easement donations is consistent with the 2040 Collier Metropolitan Planning
Organization (MPO) Long Range Transportation Plan and Randall Boulevard and Oil Well Road
Corridor Study final alignment network.
The County shall reserve capacity within its concurrency management system for the 825 single family
detached homes which are already approved for zoning in the Orangetree MPUD.
In addition, the Developer will work with the Collier County Water -Sewer District to construct a water
mail and sewer force main between Oil Well Road and Randall Boulevard with cost sharing and routing
to be determined during the development order process.
FISCAL IMPACT: No impact fee credits will be given for the Agreement. The Developer will pre -pay
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one-third of their anticipated road impact fees which is estimated to be $2,084,665.
GRO H MANAGEMENT IMPACT: The proposed Agreement is consistent with the GMP.
LEGAL CONSIDERATIONS: This item has been reviewed County Attorney, is approved as to form
and legality, and requires majority vote for approval. - JAK
RECOMMENDATION: To approve the Developer Agreement to accept and treat the stormwater run-
off from the future roadway improvement on Randall Boulevard, donate right-of-way along Randall
Boulevard, grant easements for Stormwater and pre -pay one-third of the anticipated roadway impact fees,
in exchange for reserving capacity within the transportation concurrency system and work cooperatively
to construct a water main and sewer force main connection between Oil Well Road and Randall
Boulevard.
Prepared By: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. Developer Agreement - Orangetree (PDF)
2. Exhibits (PDF)
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16.A.10
11/10/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doe ID: 14051
Item Summary: Recommendation to approve a Developer Agreement with Pulte Home Company
LLC (Developer) and Collier County (County) to reserve capacity within the Transportation concurrency
system in exchange for the Developer prepaying a portion of the road impact fees, donating land and
easements to the County and receiving stormwater for a future improvement to Randall Boulevard and
work cooperatively to construct a water main and sewer force main connection between Oil Well Road
and Randall Boulevard.
Meeting Date: 11/10/2020
Prepared by:
Title: Project Manager — Growth Management Development Review
Name: Laurie Beard
10/29/2020 11:22 AM
Submitted by:
Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
10/29/2020 11:22 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Trinity Scott
Growth Management Department Judy Puig
Level 1 Reviewer
Public Utilities Department Laurie Beard
Additional Reviewer
Growth Management Operations Support
Christopher Johnson
Capital Project Planning, Impact Fees, and Program Management Amy Patterson
Public Utilities Planning and Project Management
Tom Chmelik
Public Utilities Planning and Project Management
Craig Pajer
Growth Management Department Laurie Beard
Deputy Department Head Review
Growth Management Department Jeanne Marcella
Department Head Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget Laura Zautcke
Additional Reviewer
County Manager's Office Leo E. Ochs
Level 4 County Manager Review
Board of County Commissioners MaryJo Brock
Meeting Pending
Additional Reviewer Completed
Completed 10/29/2020 11:26 AM
Skipped 10/29/2020 11:56 AM
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Skipped 10/28/2020 2:41 PM
Completed 10/29/2020 2:25 PM
Completed 10/29/2020 2:30 PM
Completed 10/29/2020 3:02 PM
Completed 10/29/2020 4:39 PM
Completed 11/04/2020 11:45 AM
11/10/2020 9:00 AM
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16.A.10.a
DEVELOPER AGREEMENT
ORANGETREE
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this of November, 2020, by and among Pulte Home Company, LLC, a
Michigan limited liability company (hereinafter referred to as the "Developer"), Collier County,
Florida, a political subdivision of the state of Florida (hereinafter referred to as "County") and the
Collier County Water -Sewer District.
RECITALS:
WHEREAS, Pulte Home Company, LLC is the Contract Purchaser for a portion of the E
Orangetree Planned Unit Development (PUD) (hereinafter referred to as the "Development)" and L
as shown as Exhibit A; and
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WHEREAS, the County has a planned improvement to widen Randall Boulevard from 81n o
Street NE to Everglades Boulevard (hereinafter referred to as the "Road Project"), which is likely
to be constructed after the anticipated completion of the Development; and o
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WHEREAS, the County's conceptual plans for the road Project requires right-of-way and
stormwater management from the Developer, which is required by the Orangetree MPUD
(Ordinance 12-09); and ,
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WHEREAS, among other considerations, as set forth below, in exchange for (1) the County c
reserving capacity within its transportation concurrency system for 825 single family homes, in r
lieu of any "pay and go" amount, the Developer is willing to (1) donate right of way along Randall
Boulevard; design the development to receive and treat the stormwater created by the Road Project
up to 5.6 acres of lake area onsite; and prepay a portion of their road impact fees. a,
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. This Agreement shall become effective upon the execution of this Agreement by
both parties and is contingent upon the purchase of the property by Developer. Developer shall
notify the County within 30 days of the closing that it has purchased the property.
Public Utilities Commitment
3. The Developer and Collier County Water -Sewer District will work in good faith to
construct a water -main and sewer force -main between Oil Well Road and Randall Boulevard with
cost sharing and routing to be determined.
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Transportation Commitments
4. Within 90 days of closing, the Developer shall convey 20' of land along the south
property boundary to the existing Randall Boulevard right-of-way to accommodate future
widening as depicted in Exhibit B. Developer shall convey the land to the County in fee simple,
free and clear of all liens and encumbrances, by statutory warrant deed. Developer shall provide
at no cost to the County an attorney's opinion of title, and Developer shall be responsible at all
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costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title
work. Developer will provide the County Attorney's Office with an executed deed (including
sketches and legal descriptions signed and sealed by a Florida Licenses Surveyor), suitable for
recording. Upon receipt, the County shall record the deed in the Public Records of the County.
Developer shall pay all costs associated with recordation of the deed. The Developer shall not
receive compensation for this right-of-way donation. No further compensating right-of-way shall
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be necessary for site related left turn lanes on either Randall Blvd, or Oil Well Rd. Site right turn
lanes on Oil Well Rd and Randall Blvd may require compensating right of way only to the extent
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physically needed, where the developer shall be permitted to utilize the existing right-of-way if
improvements can be so designed (i.e. permit sidewalk along back of curb along the turn lane). In
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addition, Developer will not be required to install or pay in lieu of a sidewalk, multi -use pathway
or bike lanes within or along the Randall Boulevard right-of-way between Approach Boulevard to
the eastern property boundary. Developer will agree to grant up to a 20 ft slope easement along
Randall Blvd if needed to allow the tie in of the future Randall Blvd roadway improvements to the
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site, as applicable. Collier County will be responsible for permitting, restoration of the slope
easement area to like conditions (i.e. permit/restore preserve native plants), or better, as applicable.
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5. Should the County be ready to construct Randall Boulevard improvements prior to
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the approval of the first development order establishing the stormwater management area, within
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30 days of a request by the County, the Developer shall provide a temporary drainage easement in
the area shown on the PUD Master Plan Exhibit as reservation for lake site, to allow the County
to place ponds. This area may be altered by the Developer once the development commences. All
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costs associated with these easements (title work, doc stamps, recording, etc.) will be paid by the
Developer. The County will be responsible for all permitting and construction costs should the
temporary drainage easement be utilized.
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6. Developer shall design the project stormwater lakes system to provide for treatment
and attenuation of stormwater runoff for the future widening of Randall Boulevard. The required
treatment and attenuation volumes are equivalent to accommodate a 5.6-acre wet pond site as
shown on Exhibit B. The Developer will convey to the County a drainage easement and lake
maintenance easement, free and clear of all liens and encumbrances and without responsibility of
maintenance at the time of first subdivision plat or site development plan approval. Developer
shall provide at no cost to the County an attorney's opinion of title, and Developer shall be
responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. Developer will provide the County Attorney's Office with an executed
easement (including sketches and legal descriptions signed and sealed by a Florida Licensed
Surveyor), suitable for recording. Upon receipt, the County shall record the easement in the Public
Records of the County. Developer shall pay all costs associated with recordation of the easement.
Developer shall be solely responsible for any permit fees and mitigation for any listed species and
wetland impact required by any permitting agencies. The Developer shall not receive
compensation for this easement donation.
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7. To allow for the future connection by the County of the stormwater generated by
Randall Boulevard, Developer shall install stormwater discharge points for Randall Boulevard at
the earlier of the County notifying the Landowner that it will commence construction of Randall
Boulevard or at the time it constructs its stormwater management system in the vicinity of Randall
Boulevard. Discharge points, pipe sizes and required elevations will be finalized during the
Developer's SFWMD ERP process. For this portion of the project, Collier County will require
two easements. The first is an easement to allow for the ultimate connection of the stormwater
pipes from the roadway into the manholes. The second is for a drainage and maintenance easement
along the conveyance pipes from the manholes to the stormwater lake and discharge.
8. Five years after the completion of the construction of the stormwater lake and
discharge system identified above and every five years thereafter, the Developer shall perform an
inspection by a certified engineer to assess the condition of the stormwater system. The inspection
report shall be forwarded to the County for monitoring. Developer and its successors in interest,
including any homeowner associations, will be solely responsible for the perpetual operation and
maintenance of the shared stormwater management system, which includes everything from the
manholes, to the conveyance pipes, to the stormwater lakes, to the ultimate permitted discharge.
Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the
importance of the drainage from roadway projects, the above drainage easement will include a
maintenance easement to allow Collier County to do whatever it deems necessary to repair or
maintain the drainage system. If, after reasonable written notice to the Developer of a repair or
maintenance issue concerning the shared stormwater management system goes unheeded, the
County may enter the Development for the purpose of repairing or maintaining the system, and
the Developer will pay the County its full cost incurred in conducting such repair and maintenance.
Developer may assign the obligations under this paragraph to a homeowner's association and upon
providing written notice of such assignment to the County; the Developer will be released from all
obligations under this paragraph.
9. Developer, on behalf of itself, its successors and assigns (including any and all
future owners and tenants within the Development), will give all successors, assigns, tenants and
buyers, who purchase or lease land from the Landowner a separate written notice of the planned
Randall Boulevard roadway improvements with the statement that the County will not construct
or contribute funding for the construction of any sound wall or other barrier of any kind to reduce
the impact, noise, etc.
10. Developer, on behalf of itself, its successors and assigns (including any and all
future owners and tenants within the Development), agree to not request a signal at the easternmost
development access points, which is anticipated to be a right in/right out/left in access when
Randall Boulevard is improved.
11. Within 180 days of the closing, the Developer shall prepay 1/3 of the anticipated
roadway impact fees. All prepaid Road Impact fees shall run with the Development and shall be
automatically reduced by the entire amount of each Road Impact Fee due for each Building Permit
issued thereon until the Development is either completed or the credits are exhausted or otherwise
assigned. Any assignments of Road Impact Fees shall be governed by the Collier County
Consolidated Impact Fee Ordinance, as amended from time to time. Any units that may be eligible
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16.A.10.a
to obtain a certificate of occupancy prior to this payment being made shall be required to pay 100%
of the road impact fees due.
12. In lieu of any "pay and go" amount, the Developer agrees that it will not receive
impact fee credits or any other consideration for the value of any of the commitments set forth
herein. In consideration of receiving those benefits, the County shall reserve capacity within its
transportation system for 825 single family detached homes.
Legal Matters
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
14. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The
term "Developer" shall include all of Developer's assigns and successors in interest, including
Homeowner Associations.
15. Developer 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.
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16. 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 L
comply with such laws, in a manner which best reflects the intent of this Agreement. a
17. Developer 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 Effective Date.
The Developer shall pay all costs of recording this Agreement. The County shall provide a copy
of the recorded document to the Developer upon request.
18. In the event of any dispute under this Agreement, the parties shall attempt to resolve
such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure,
if any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of the Agreement.
19. 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 national recognized overnight delivery service, and
addressed as follows:
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16.A.10.a
To County:
Collier County Manager's Office
3299 Tamiami Trail East,
Suite 202
Naples, Florida 34112-5746
To Developer:
Pulte Home Company, LLC, a
Michigan limited liability company
24311 Walden Center Drive,
Suite 300
Bonita Springs, FL 34134
20. Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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16.A.10.a
IN WITNESS WHEREOF, the panics hereto have caused this Agreement to be executed
b) their appropriate officials. as of the date first above written.
AS TO COUNTY
ATTEST:
CRYSTAL K. KINZEL, Clerk
, Deputy Clerk
AS TO DEVELOPER:
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WITNESS:
(Print full name) �r
(S' a1ture) r
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
By:
, Chairman
Pulte Home Company. LLC, a Michigan limited
liability company
By: V
Printed Name:
Title: 111' La 04-11;1
The foregoing instrument w s acknowledged before me this '17day of a
2020. by M;On&el Hwo— pas VP C( !- ocL QNj___ __of Pulte Home Company. LLC, a
Michigan limited liability company. He/9w is [personally known to me, or [ ] has produced
driver's license number as identification.
N AR PUBLIC
me:
My Commission Expires: t� l 5 2a 21
Approve m and legality:
JACQUELINE HORTON
Jeffrey j lat ow. County Attorney _y = MY COMMISSION # GG 160738
l,; EXPIRES: November 15, 2021
Bonded Thal Nobmy Rlbrx,' Undermftrs
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16.A.10.b
List of Exhibits
A - PUD Master Plan
B — Right -of -Way and Conceptual Stormwater Areas
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EXHIBIT A: MASTER PLAN
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ORANGETREE ASSOCIATES
4500 EXECUTIVE DRIVE, SUITE 110
NAPLES, FLORIDA 34119
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