Backup Documents 12/08/2020 Item #16A47 ORIGINAL DOCUMENTS CHECKLIST & ROUTING-WIPE 4:9'tS'?o
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A ?
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.
2.
3. Jeff Klatzkow, County Attorney County Attorney Office ,l<
e)Zs
4. BCC Office Board of County
Commissioners .1 )
5. Minutes and Records Clerk of Court's Office Al !a'n--ao 5,1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Trinity Scott Phone Number 252-5832
Contact/ Department
Agenda Date Item was 12/8/20 Agenda Item Number 16a47
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is 313-163673-63301 1-60171 1
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TS
2. Does the document need to be sent to another agency for additional signatures? 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
signed by the Chairman,with the exception of most letters,must be reviewed and signed TS
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 TS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip TS
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 12/8/20(enter date)and all changes TS /A is not
made during the meeting have been incorporated in the attached document. The n option for
County Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the S /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the n option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis-. . •.05;Revised 11/30/12
1 6 A47
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, December 30, 2020 2:50 PM
To: ScottTrinity
Subject: Item #16A47 (12-8-2020 BCC Meeting)
Attachments: Backup Documents 12_08_2020 Item #16A47.pdf
Hi Trinity,
A copy of the (recorded) Tree Farm MPUD
Developer Agreement is attached For your records.
The receipt For the recording charges is included.
Thank you!
Ann Jennejohn
I3MR Senior Deputy Clerk II
0.1.7 , Clerk to the Value Adjustment Board
f�'� �•,, Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@Coll ierCl erk.coww
Office of the Clerk of the Circuit Court
Rtoc.,0.0.` Sr Comptroller of Collier County
3299 Tavviiaw►i Trail, Suite #4O1
Naples, FL 34112-5324
www.CollierClerk.cow
INSTR 6071730 OR 5959 PG 96
RECORDED 6/4/2021 11:53 AM PAGES 8 RE-RECORD
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$69.50 INDX$2.00
DEVELOPER AGREEMENT
Tree Farm MPUD 1 6 A 4 7
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this g of 2020, by and among WPPI Naples TF LLC
(hereinafter referred to as the "Developer"), TBC Tree Farm 1, LLC ("TBC 1") and Collier
County, a political subdivision of the State of Florida.
RECITALS:
WHEREAS, TBC 1 has applied for a Subdivision Plat (PL20180003592) authorized by
`g the Tree Farm MPUD (Ordinance 2007-54 and amended in Ordinance 2020-03), which provides
access to Collier Boulevard; and
WHEREAS, Developer has agreed to undertake certain construction obligations with
respect to the Tree Farm MPUD; and
WHEREAS, Collier County has applied for a Site Development Plan Amendment
(PL20200000953) for the Heritage Bay Government Center, which provides for access to Collier
Boulevard directly across from the Tree Farm MPUD; and
d
WHEREAS,the new access points coincide with an existing U-turn opportunity on Collier
` Q Boulevard,which allows travelers leaving the Heritage Bay PUD to gain access to the traffic signal
at Collier Boulevard and Immokalee Road; and
WHEREAS, the parties wish to coordinate and cooperate to construct an intersection that
will operate efficiently for ingress/egress for the various uses under the terms and conditions set
forth below.
v
5 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. County will allow TBC 1 and Developer to proceed with the project on the
following terms and conditions:
A. Developer will design and construct the road and sidewalk improvements inclusive
of a roundabout("Improvements") as set forth in Exhibit 1. Developer will utilize the services of
Peninsula Engineering and Trebilcock Consulting Solutions for professional engineering and
surveying services pertaining to the design, permitting and construction of the Improvements.
Developer will be solely responsible for the cost of design, permitting, and construction
INSTR 5972531 OR 5863 PG 2495
RECORDED 12/18/2020 4:42 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00 INDX$2 00
1 6 A 4 7
administration and certifications. Developer's design and permitting responsibilities will include
submittal of a South Florida Water Management District (SFWMD) Environmental Resource
Permit(ERP) for the modification of Collier Boulevard as depicted in Exhibit 1.
B. The Improvements set forth in Exhibit 1 will require additional right-of-way in the
form of an easement from TBC 1 for a crosswalk and other pedestrian facilities on the west side
of the proposed roundabout as depicted in Exhibit 1. TBC 1, at its sole cost and expense, will
provide this additional right-of-way for the area depicted on Exhibit 1 and shall convey to the
County during the Subdivision Plat for Tree Farm, which is currently under review as
PL20180003592.
C. The County will contribute to the construction costs for the Improvements needed
by the County. The County's contribution will be the lesser of 61.6% of the shared lump sum
project construction costs, or $243,884, which is 61.6% of the engineer's estimated construction
costs, as set forth in Exhibit 2. County will pay Developer on December 1, 2021 or within six
months of the completion of the Improvements,whichever is later. For the purpose of this section,
the completion of the Improvements will be defined as the issuance of a Certificate of Completion
from the Collier County Growth Management Division for the Collier County Right-of-Way
Permit for the Improvements shown in Exhibit 1. Prior to commencing construction of the
Improvements,the County and the Developer shall cooperate to have Developer advertise and bid
the Developer's Improvement project in accordance with the County's normal solicitation
procedures for public road projects and using the County's electronic bid system. The County
shall provide written notice to Developer documenting the result of such solicitation and ranking
all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being
hereinafter referred to as responsible bidders. Developer may negotiate with any of the bidders or
any other qualified contractor on its project to construct the Improvements, and in that regard
Developer shall not be obligated to award the construction of the Improvements to the low bidder
or to any of the responsive bidders; however, in no event shall the final reimbursement amount by
the County exceed $243,884 or 61.6% of the low bid amount, whichever is less. In addition, the
County acknowledges there may be unanticipated costs including, but not limited to, unforeseen
site conditions encountered during construction. Should that occur,the County will pay 61.6%of
the total for such additional costs, but not to exceed $40,000, on the conditions that (1) the
additional work is agreed upon by both parties, and (2) the additional work is approved by the
Board of County Commissioners through a Change Order, supported by proper documentation of
any time and materials supporting the request.
D. Developer will obtain a right-of-way permit for the Improvements at no cost.
Neither Developer nor TBC 1 shall pay any lane or sidewalk rental fees for construction of the
Improvements for the period of January 1, 2021 through May 31, 2022. Commencing on June 1,
2022, Developer and/or TBC 1, as applicable,will pay the customary lane and sidewalk rental fee
charged by the County. However, any lane and sidewalk rental fees will be reduced by 61.6%.
E. No further contribution of compensating right-of-way will be required from the
property owners in the Tree Farm PUD for the construction of access points along Collier
Boulevard that are consistent with the existing accesses approved as a part of Ordinance 20-03.
16A47
F. The property owners' contributions of the construction Improvements shown in
Exhibit 1 are considered to satisfy the property owners' "fair share" requirements of the Section
6.3.B of Ordinance 20-03 for the intersection proposed for improvement in Exhibit 1.
G. During construction of the site improvements within the Tree Farm PUD, the
Developer and TBC 1 will be permitted to use the existing access to the Tree Farm PUD at the
location of the Improvements as the construction access. Neither the Developer nor TBC 1 will
be prohibited from access during construction due to the removal of the existing left turn lane into
the Tree Farm PUD at the location of the Improvements.
H. The Developer reserves the future right to petition Collier County to enter into a
Landscape Maintenance Agreement to install and maintain enhanced landscaping within the area
of the Improvements.
Legal Matters
3. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
4. 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 and commercial tenants. The term"TBC 1" shall include all of TBC1's
assigns and successors in interest, including homeowner associations and commercial tenants.
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 manner 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 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.
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.
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. All notices and other
communications required or permitted hereunder (including County's option) shall be in writing
1bA47
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County: To Developer: To TBC 1:
Collier County Manager's Office WPPI Naples TF, LLC TBC Tee Farm 1, LLC
3299 Tamiami Trail East, Suite 9800 Connecticut Dr., Suite Al- 13920 58th Street N.,
202 100 Suite 1014
Naples, FL 34112-5746 Crown Point, IN 46307-7840 Clearwater, FL 33760
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.
10. 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
1 6 A 4
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. KINZEL, Clerk COLLIER COUNTY, FLORIDA, on behalf of
Collier County, Florida
By: •
. •A �� . By
t-e44"1: "a"
�1'b Clerk , Chairman
Attest a to CL an'
SIGNATURES CONTINUED ON FOLLOWING PAGE
16A47
AS TO DEVELOPER:
WITNESS: WPPI NAPLES TF, LLC,
Ville `-T-r\-6\kitiVIC.✓1 a Delaware limited liability company
(Signature) By: WPPI/WL Tree Farm,LLC
663'r i� �("uu��� a Delaware limited liability company
1 its: sole member
(Print full name)
By: WPPI/HS Naples TF Investment, LLC
Aikie'Olea3
a Delaware limited liability company
its: Operating Member
(Signature)
4/ ) bee By: WMB Corp., an Indiana
corporation,
(Print full name)
its: Manager
By:
J. Matt ew Chambers, Treasurer
STATE OF ANA f Log)OA
COUNTY OF — C o 1.r.1 e 4
The foregoing instrument was acknowledged before me by means of Et/physical presence or
❑ online notarization this UAL ` day of nQV(rvi bra , 2020, by J. Matthew Chambers, the
Treasurer of WMB Corp., an Indiana corporation, the Manager of WPPI/HS Naples TF
Investment,LLC,a Delaware limited liability company,the Operating Member of WPPI/WL Tree
Farm, LLC, a Delaware limited liability company, the Sole Member of WPPI Naples TF, LLC a
Delaware limited liability company, who executed the foregoing document on behalf of said
corporation in its capacity as the Manager of the Operating Member of the Sooll .Member of WPPI
Naples TF, LLC, and ❑who is personally known to me or 0who has produced
O V e.5 L L e n se as identification. •
KIMD.DAVIDSON
I w c)
# � Not PublicNoaorymmbsliiconSGf54o8da
4 s., 4 0' My Comm.Expires Feb 19,2022 � \ O�
, ;; ;;,, Bonded through National Nola/Assn I Print Name: I try, ` , !x v/1 L 5
My Commission Expires: 16i 202 Z_
SIGNATURES CONTINUED ON FOLLOWING PAGE
16A47
AS TO TBC 1:
WITNESS: TBC Tree Farm 1, LLC
A
1 4 , // By: TBC Addison Corner, LC, its Authorized
( ign��ure) Member
&Oat 6k I
OC"Cr—
(Print fullname) By:
illiam B. Yeoman , Jr. Manager
i
(Signature)
/44,4-e1 E ko&3 r�
(Print full name)
STATE OF FL DA
COUNTY OF Cc
The foregoing instrument vs acknow edged before me by means of CIphysical presence or
online notarization this day of 'OveinI Q y , 2020, by William B. Yeomans, Jr.,
as Manager of TBC Addison Corner, LLC, the Authorized Member of TBC Tree Farm 1, LLC,
who is personally known to me or has proceed as identification..
(Notary Seal)
Notary ublic �� ,� •
Printe Name of Notary: 1/
Commission Number:My Commission Expires: c_ L./
I •
Approve i. , and legality:
11
I► :k>�Y e; RAYANNA BRODZINSKI
Jeffrey A. 'l a MI'„1, County Attorney s; aI. Notary Public•State of Florida
•';+, , ; Commission k HH 056346
o My Comm.Expires Oct 22,2024
BcndeC through National Notary Assn.
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PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:22 TWP:48S RGE:26E
i P E N I N S U L A`r■�j�J Designed by: ALEJANDRO AVILA
\% COLLIER Drawn by: ALEJANDRO AVILA
ENGINEERING Date: OCTOBER 2020
`IVIL ENGINEERI"` `""DSCAPE AECEIITEGTURE BOULEVARD EXHIBIT °1" TREE FARM DrawingScale: 1"=100'
1, ENVIRONMENTAL CONSULTING LAND PLANNING
'_ SITE PLANNING.CONSTRUCTION MAN.AGEMENr• PUD Project Number: P-BROK-003-001
2fi00(:oldenU OParkwayPRESENTATIVE ROUNDABOUT File Number P-BROK-003-001-X14
Naples.Florida iJ105 C-X 14
t Fhol,nz19.403.LiW Eax:2J9.261.1)Y) •Email:iGee,I;n-eng.cnm WU,,,,,:www.pen-enR.com
••Florida CeniPieale of Authorization x28v: Sheet Number: 01 of 01