Backup Documents 10/27/2020 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office JAB 11/5/2020
2. Minutes and Records Clerk of Court's Office n^, `i i+
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PRIMARY CONTACT INFORMATION b00
�of
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is nee 4 I ' ( • 1 in the ce��t•�n�ef 'dddfessees
above,may need to contact staff for additional or missing information. i �� (())
Name of Primary Staff Jennifer A. Belpedio Phone Number 252-8400
Contact/ Department
Agenda Date Item was October 27,2020 Agenda Item Number 16B1
Approved by the BCC
Type of Document Development Agreement Number of Original 2
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable c whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature. TAMP OK) JAB
2. Does the document need to be sent to another agency for addition sigat res? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board*
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during JAB N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. {\ this line.
9. Initials of attorney verifying that the attached document is the version approved by the /JAB N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option_fo_.
Chairman's signature. this line:
*Date changed in Paragraph 2c. of Agreement to correct reference to date of"Gate ' i Triangle Drainage
Report". This change is not material and does not require further Board approval. e. o. t c c1,1e4
e—ill ck 1 -Ciro rrn
Please return an original fully executed copy to Jennifer A. Belpedio. t t�r�
valo�� S `` 'y
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04, •e •..05, revised 2.24.05;Revised 11/30/12
1 6 8 1
BelpedioJennifer
From: Charles C. Whittington <CWhittington@gfpac.com>
Sent: Thursday, November 5, 2020 10:14 AM
To: BelpedioJennifer
Cc: ForesterDebrah; Jerry Starkey
Subject: RE: Gateway Triangle Drainage Report
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Jennifer,
We are okay with the change of the date to November 3, 2020.Thank you.
GRANT Charles C. Whittington, Attorney at Law
FR I DKI N cwhittinqtonqfpac.com 1239.514.1000
PEARSON._..-... . www.qfpac.com
anxsnmy46.Ca„rw,a«4at Lye. 5551 Ridgewood Drive, Suite 501, Naples, FL 34108
5237 Summerlin Commons Blvd,Suite 329, Fort Myers, FL
2 5 YJA w S 33907
•~^ I Grant Fridkin Pearson,P.A.is ranked a Tier 1 firm in 8
Best Lawyers specialties in the Fort Myers metropolitan area in the
2020 Ed.of US News-Best Lawyers®"Best Law Firms."
The preceding email message may have information that is confidential,may be protected by the attorney/client or other applicable privileges,and may constitute
nonpublic information. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,forwarding,or copying of this
communication is prohibited. If you have received this communication in error,please notify the sender immediately by email or by calling(239)514-1000 and
delete the original message. Thank you.
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information by means other than e-mail,or by duplicate alternative means in an attempt to assure its timely receipt.
From: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>
Sent:Thursday, November 5, 2020 8:52 AM
To: Charles C. Whittington <CWhittington@gfpac.com>
Cc: ForesterDebrah <Debrah.Forester@colliercountyfl.gov>
Subject: FW: Gateway Triangle Drainage Report
Charles,
Let me know if okay to change the date on second page of Developer Agreement in Paragraph 2c from June 6, 2020 to
November 3, 2020.
The report did not get forwarded to me. If you need to review it Deb or your engineer will have it.
Unrelated to the Development Agreement but related to the sale of the property we have the issue related to transfer
to an entity that does not the affiliates as required by the Agreement under review and expect it will be resolved today.
Jem
1
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Martha S. Vergara
From: Martha S.Vergara
Sent: Wednesday, November 18, 2020 10:31 AM
To: BelpedioJennifer; ForesterDebrah
Subject: Development Agreement
Attachments: Jen Belpedio.pdf
Morning All,
Jennifer per your e-mail and for your records, is an attached copy of the referenced
document.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
tY<tit Office: 239-252-7240
� �p Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
._ ° 3299 Tamiami Trail E, Suite #401
tdkri.��. Naples, FL 34112
www.CollierClerk.com
i
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MEMORANDUM
Date: November 17, 2020
To: Jennifer Belpedio, Assistant County Attorney
Cc: Charles C. Whittington, Attorney
Grant, Fridkin, Pearson, P.A.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Developer Agreement
Attached for your records is one (1) copy of the document as referenced above,
(Item #16B1) adopted by the Board of County Commissioners on Tuesday,
October 27, 2020.
An original has been kept by the Minutes & Records Department as part of the
Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16 1
DEVELOPMENT AGREEMENT
+h -
This Development Agreement(the"Development Agreement")is made this(9 7 day of Oc*O l -A. ,
2020, by and between the Board of County Commissioners of Collier County, Florida, as the governing body
of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District ("County"),
and Metropolitan Naples, LLC, a Florida limited liability company and/or assigns (the "MN").
BACKGROUND
A. Real Estate Partners International, LLC ("REPI") and the Collier County Community
Redevelopment Agency, an agency established by resolution of the Board of County
Commissioners of Collier County, a political subdivision of the State of Florida ("CRA"), were
parties to that certain Real Estate Purchase Agreement dated May 9, 2016, as amended (the
"Purchase Agreement"), for the purchase and sale of certain real property located in Collier
County, Florida, as more particularly described in Exhibit A, attached, therein (the "Property");
B. By virtue of that certain Assignment of Contract, MN succeeded to certain of the rights, title and
interest of REPI under the Purchase Agreement;
C. Pursuant to the Purchase Agreement and its assignment, MN is entitled to receive certain property
benefits in connection with the development of a catalyst project on the Property; and
D. The Parties desire to enter into this Development Agreement to memorialize their understanding
with respect to the property benefits MN will receive in connection with the redevelopment of the
Property as a catalyst project.
NOW, THEREFORE, for and in consideration of the premises, the mutual covenants and agreements
herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are
hereby expressly acknowledged by the parties hereto,the parties hereto do hereby covenant and agree as follows:
1. Recitals. The foregoing findings are true and correct and incorporated herein by this reference.
2. Property Benefits. MN shall receive the following benefits applicable to the redevelopment of the
Property upon Closing and taking title to the Property:
a) All existing impact fee credits that run with the Property. This amount to be determined at
the time of the building permit application.
b) Existing Voluntary Cleanup Tax Credit("Tax Credit")held by CRA issued and dated July
1,2013 and July 14,2014, in the respective amounts of$28,168.55 and$26,979.38. Seller
and MN acknowledge that Seller has previously assigned a Voluntary Cleanup Tax Credit
# 287 held by CRA issued and dated July 1, 2013, in the amount of$28,168.55 to Valley
National Bank for the total consideration of$24,647.48 (the"2018 Tax Credit Sale Price")
and Voluntary Cleanup Tax Credit #348 held by CRA issued and dated July 14, 2014, in
the amount of$26,979.38 to Valley National Bank for the total consideration of$13,489.69
(the "2019 Tax Credit Sale Price"). At Closing, Seller shall provide a credit to MN against
the Purchase Price equal to the 2018 Tax Credit Sale Price and 2019 Tax Credit Sale Price.
Page 1 of 3 �i��
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c) The right to discharge and convey stormwater generated on the Property into a County
owned detention pond located east of Commercial Drive between Lee Street and Linwood
Avenue, including the right to use all existing County easements, rights of way, and
infrastructure in place. Necessary County system capacity improvements for stormwater
conveyance from the project to the pond, as identified in the4rnic, 2020 signed and
sealed "Gateway Mini Triangle Drainage Report" by Barry E. Joges, P.E., shall be
designed, permitted and constructed by the MN at MN's sole expense. �� 14cde+rn bef 3 1
oz
d) Per Special Condition 17 of the South Florida Water Management District Environmental
Resource Standard General Permit No. 11-02563-P issued December 3, 2009 to Collier
County for the Gateway Triangle,the water quality treatment requirement is exempt for up
to seventy percent (70%) impervious area of site coverage.
e) Tax Increment Benefits specified in the Purchase Agreement have been addressed by the
parties in a separate Tax Increment Rebate Agreement with MN's affiliate, Development
Partners International, LLC, approved by the CRA and the County on September 8, 2020.
3. Cooperation. County shall use best efforts to cooperate with MN's endeavor, at MN's sole
expense,to: (i) vacate a portion of that certain utility easement encumbering a portion of the Property recorded at
Official Records Book 1435,Page 2017,of the Public Records of Collier County,Florida("Easement"); (ii)assist
with the construction of a new manhole on the existing sewer main,at another location acceptable to MN upstream
of the sewer service lateral within the remaining portion of the Easement; and(iii) demolish the existing manhole
within the portion of the Easement that is to be vacated. County shall contract with appropriate and qualified
contractors to undertake (ii), above, but all costs and expenses thereof shall be borne by MN.
4. Severability. In the event this Development Agreement or any provision of this Development
Agreement is for any reason held illegal or unenforceable by a court of competent jurisdiction, the parties shall
attempt in good faith to negotiate a new agreement or provision that is legal and enforceable and that effectuates
the intent and purpose of this agreement. To such extent, the provisions of this Development Agreement shall be
deemed severable.
5. The benefits and obligations of this Development Agreement shall run with the land and may be
assigned, in whole or in part, from time to time by MN and/or its successors and assigns at its/their discretion.
6. This Development Agreement represents the entire understanding and agreement of the parties
with respect to the subject matter hereof and supersedes any prior understandings or agreements between the
parties. No modifications to this Development Agreement shall be enforceable unless in writing and executed by
both parties hereto.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
C
Page 2 of 3
16B 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
COUNTY AND DISTRICT:
Board of County Commissioners of Collier
County, Florida, as the governing body of •
Collier County and as ex-officio the
ATTEST: ,' • governing Board of the Collier County ; <<
CRYSTAL KINZEL, CLERK Water-S er District. '"rr„rttttti��''''
—l �
By: ,� /'` By:
Attest as ta.Ctlairman's ,Deputy Clerk Burt L. Saunders, Chair
S1gn3t re only, Date: to/a? J?OO
Approved as to form and legality:
By:
Jennifer . Belpedi , A County Attorney 10/13)2O2.0
MN:
Metropolitan Naples, LLC
By: Development Partners International, LLC,
as manager
By:
Jew-Markey, as President
Date: j w/ (2
STATE OF FLORIDA )
§§:
COUNTY OF COLLIER )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of physical presence
or ❑ online notarization, this 12th day of October, 2020, by Jerry Starkey, as President of Development Partners
International, LLC, as Manager of Metropolitan Naples, LLC, on behalf of the company, who [X] is personally known to
me or who [ ] produced a ident' tion.
Item# I tOb
(SEAL) Notary ubli -State Flori
Agenda
Printed Name of Notary
.4.* :' TTINGTON CHARLESC.WHI ;
I� . MY COMMISSION#GG 060326 My Commission Expires: Rt,c d (1
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..��.o EXPIRES:January 5,2021
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