Resolution 2020-209 RESOLUTION NO. 2020 - 2 0 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY
MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY
COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS
DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER
COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT
REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT
AGREEMENT.
WHEREAS, it is in the mutual interests of the Buckley Mixed Use Planned Unit
Development and Collier County to close out the Planned Unit Development so that annual reporting
obligations on behalf of the Planned Unit Development and review of those reports by the County
will become unnecessary upon approval of this Resolution; and
WHEREAS, the Planned Unit Development has explicitly complied with each and every
developer commitment except for one remaining transportation commitment - a fair share
contribution toward intersection improvements at Airport-Pulling Road and Orange Blossom Drive.
The Buckley MPUD Close-Out Agreement provides for said fair share contribution in the amount of
$16,518.00 to be made within ten business days of the Board of County Commissioners' approval of
the agreement; and
WHEREAS, LDC Section 10.02.13.F.5 requires that a release of PUD commitments
determined to be no longer necessary be approved by the Board of County Commissioners.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Buckley Mixed Use Planned
Unit Development within Collier County is found to be "built-out" and therefore is deemed "closed
out" for purposes of the Land Development Code, Section 10.02.13.F.
BE IT FURTHER RESOLVED that the one remaining transportation commitment relating
to a fair share contribution toward intersection improvements will be deemed as fulfilled upon
receipt of the payment of$16,518 as agreed to in the Buckley MPUD Close-Out Agreement.
T IS RESOLUTION ADOPTED after motion, second and majority vote favoring same
this I17 `.day.of , 2020.
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ATTEST: ;u ' :`' BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KIN ELL,'-Clerk COLLIER UNTY, FLORIDA
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By ,�,t; By:
Attest as epu Cler B L. SAUNDERS, CHAIRMAN
5i'gtlatt!T8 0: t'd.
Approve s t orm and 1 gality:
Jeffrey A la , County Attorney
CLOSE-OUT AGREEMENT
Buckley MPUD
THIS AGREEMENT(hereinafter referred to as the"Agreement")is made and entered into
this 164^ of-(\ evAler 2020, by and among Pulte Home Company, LLC, a Michigan limited
liability company,'whose address is 24311 Walden Center Drive, Suite 300, Bonita Springs,
Florida 34134 (hereinafter referred to as "Pulte"), on the one hand, and Collier County, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), on the other.
RECITALS:
WHEREAS, on June 10, 2014, Collier County enacted Ordinance 14-24, creating the
Buckley Mixed Use Planned Unit Development (hereinafter referred to as the Buckley MPUD);
and
WHEREAS,the Buckley MPUD was subsequently amended by Ordinance Nos. 16-10 and
17-43; and
WHEREAS, the Buckley MPUD was approved for 239 residential dwelling units or
162,750 square feet of limited commercial uses or a limited combination of both; and
WHEREAS, the Buckley MPUD contained the following Developer Commitment:
"The owner shall pay fair share costs of the intersection improvements at Airport
Pulling Rd. and Orange Blossom Dr.based on the current intersection improvement
study. The current intersection study is projected to be completed in calendar year
2016 at which time the proportionate share calculations will be determined. If the
study is not complete at time of the first development order(Site Development Plan
or Plat) the owner shall provide a bond not to exceed $50,000.00 prior to the
issuance of the first Certificate of Occupancy for the development, which shall be
released when the owner pays its fair share of the costs of the intersection
improvements."; and
WHEREAS,by Special Warranty Deed dated May 20, 2016, Pulte acquired ownership of
the Buckley MPUD; and
WHEREAS, Pulte warrants and represents to the County that it is currently the sole holder
of all Development Rights,both residential and commercial, arising from the Buckley MPUD; and
WHEREAS, Pulte has completed construction and development of the Buckley MPUD,
and is going through the County's close-out process; and
WHEREAS, the last remaining Developer Commitment for the Buckley MPUD is the
Developer's fair share for the intersection improvement referenced above; and
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WHEREAS, the parties have agreed that the owner's fair share costs for the intersection
improvements set forth above is $16,518.00, which is calculated from the 82 residential units that
were built within the Buckley PUD; and
WHEREAS, as part of the close-out of this commitment, Pulte agrees on behalf of itself
and all assigns and successors in interest to waive the remaining Development Rights granted in
the Buckley MPUD.
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. Pulte shall pay the County the sum of$16,518.00 within 10 business days from the
Board of County Commissioners' approval of this agreement. Upon receipt of such payment, the
fair share intersection improvement commitment shall be deemed fully satisfied.
3. Concurrent with the issuance of payment, all further Development Rights in the
Buckley MPUD shall be considered abandoned and extinguished.
Legal Matters
4. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns and successors in interest to the parties to this Agreement,
including homeowner associations.
5. 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
comply with such laws, in a many which best reflects the intent of this Agreement.
6. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County's receipt of payment. The recording
of this Agreement shall be deemed proof of the County's receipt and acceptance of payment. The
County shall provide a copy of the recorded document to Pulte upon request.
7. 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.
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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.
9. This Agreement (which include the references set forth in the Recitals) constitutes
the entire agreement between the parties with respect to the activities noted herein and supersedes
and takes the place of any and all previous agreements entered into between the parties hereto
relating to the transactions contemplated herein. All prior representations, undertakings, and
agreements by or between the parties hereto with respect to the subject matter of this Agreement
are merged into, and expressed in, this Agreement, and any and all prior representations,
undertakings, and agreements by and between such parties with respect thereto hereby are
canceled.
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.
AS TO COUNTY:
ATTEST,:, _.., , BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZ Clerk COLLIER COUNTY, FLORIDA
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B �, B : 4e� —
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Attest as to Chaumaft,s Depu Cle Burt L. Saunders, Chairman
signature fnly.
Approved t foxtunaad legality:
Jeffre K ow, County Attorney
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AS TO PUL :
Pulte Home Company, LLC
NES
By: i`�{r ��''�—C l
inted Name: tZG/Vr� i4pAdo(� Printed Name: Mi hael Hueniken
Title: Vice President of Land Development,
---- Southwest Florida
( ' n)
rinted Name: MK y fiMTeN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical presence
or [ ] online notarization, this et" day of WOW, 2020, by Michael ueniken, as Vice
President Land Development (Southwest Florida) of Pulte Home Company, LLC. He/she is K
personally known to me, or [ ] has produced driver's license number as
identification.
I r
`„o,�PpV P„ J E S S I C A K t I N N NOT %� Linn
`„fi *_State of Florida Notary Public uM
f Po Commission # GIG 170813 Name: ,l
oi1`` My Commission Expires /� (9( t
April 16, 2022 My Commission Expires: 6 I I(Mtn.
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