Agenda 04/27/2021 Item #16F 2 (Transfer of transportation Impact Fee Credits held by Parklands Associates I, LLLP)04/27/2021
16. F.2
EXECUTIVE SUMMARY
Recommendation to approve a transfer of Transportation Impact Fee credits in the
amount of $650,576.01, held by Parklands Associates I, LLLP, arising out of an Amended
and Restated Developer Agreement dated May 10, 2016, recorded in Official Records
Book 5274, Page 411 of the Public Records of Collier County.
OBJECTIVE: That the Board of County Commissioners (Board) approves a transfer of Transportation
Impact Fee credits in the amount of $650,576.01 held by Parklands Associates 1, LLLP.
CONSIDERATIONS: The Amended and Restated Developer Agreement for Parklands Development
that provided for Transportation Impact Fee credits was approved by the Board of County
Commissioners on May 10, 2016 (Item 16.A.18). Section 74-205 (n) of the Collier County Code of
Laws and Ordinances states the following:
"Impact fee credits shall not be assigned or otherwise transferred from one development to
another development except by written agreement executed by the county, and then, shall only be
transferable from one development to another development within the same or adjacent impact fee
district for the same type of public facility impact fee...".
Parklands Associates I, LLLP, the owner of the credits, has no remaining building permits to apply
impact fee credits and therefore has requested approval to transfer the credits to the Valencia Trails
development located within an adjacent Transportation Impact Fee District, as provided in the DA and
Chapter 74 of the Collier County Code of Laws and Ordinances pertaining to Transportation Impact
Fees.
FISCAL IMPACT: The Developer constructed improvements at the intersection of Logan North and
Immokalee Road (District 1) in exchange for $650,576.01 in transportation impact fee credits. The
Developer is now requesting those credits be allowed to be transferred to a development within an
adjacent Transportation Impact Fee district (District 6), where they will be available to be applied to
building permits within the development.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve a transfer of transportation impact fees in the amount of
$650,576.01 from the Parklands Stonecreek development to the Valencia Trails development, located
within the same or adjacent transportation impact fee district.
Prepared by: Brandi Pollard, Impact Fee Coordinator, Capital Project Planning, Impact Fees, and
Program Management Division, Growth Management Department
ATTACHMENT(S)
1. Amended DCA Recorded 5-17-16 (PDF)
Packet Pg. 1359
16. F.2
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.2
Doe ID: 15532
Item Summary: Recommendation to approve a transfer of Transportation Impact Fee credits in
the amount of $650,576.01, held by Parklands Associates I, LLLP, arising out of an Amended and
Restated Developer Agreement dated May 10, 2016, recorded in Official Records Book 5274, Page 411
of the Public Records of Collier County.
Meeting Date: 04/27/2021
Prepared by:
Title: Senior Grants and Housing Coordinator — Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
04/07/2021 11:20 AM
Submitted by:
Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
04/07/2021 11:20 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Susan Usher Additional Reviewer
County Manager's Office Dan Rodriguez Level 4 County Manager Review
Board of County Commissioners MaryJo Brock Meeting Pending
Additional Reviewer Completed
Completed 04/09/2021 3:59 PM
Completed 04/12/2021 9:44 AM
Completed 04/19/2021 10:24 AM
Completed 04/19/2021 4:03 PM
04/27/2021 9:00 AM
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INSTR 5267040 OR 5274 PG 411 RECORDED 5/17/2016 4:29 PM PAGES 13
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $112.00
AMENDED AND RESTATED DEVELOPER AGREEMENT
PARKLANDSDEVELOPMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the
"Agreement") is made and entered into this 1QQ� ay of , 2016, by and between
Parklands Associates I, LLLP, a Florida limited liability limited part ship (hereinafter referred
to as the "Developer"), whose address is 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise,
Florida 33323, and the Board of County Commissioners of Collier County, Florida, as the
governing body of Collier County, a political subdivision of the State of Florida (hereinafter
referred to as the "County").
WHEREAS, the Dev
Agreement dated as of July,24,
the Public Records of the Colli
property commonly known €
particularly described in the q1
WHEREAS, in a c
five-year transportation c
two-lane extension of Loga
Road in Lee County, which
WHEREAS, Logan
project entrance of the Deve
and the County
nd.recorded in Of
improvement prograiA
wlevard from Immoka
tct,is known as Logan
into that certain Developer
rds Book 4822, Page 3566, of
;reement" ), with respect to the
velopment"), which is more
yen `i ¢ County has modified its
a ro ` t for the construction of a
I;iiarth'to connect to Bonita Beach
d,'"North ("Logan North"); and
Immokalee Road north to the
WHERAS, the remaining portion of Logan North consists of two phases, with Logan
North Phase 1 being construction of Logan North from its current terminus at the project
entrance of the Development north to the Collier County/Lee County line and Logan North
Phase 2 being construction of Logan North from the Collier County/Lee County line north to
Bonita Beach Road; and
WHEREAS, the State of Florida Department of Transportation ("FDOT') has agreed to
provide Transportation Regional Incentive Program funds to the County towards the construction
of Logan North Phase 1 in accordance with Section 339.2819, F.S. (collectively, the "TRIP
Project"), and in connection therewith the County and FDOT are entering into a Transportation
Regional Incentive Program (the "TRIP Agreement") pursuant to which the County will
construct Logan North Phase 1; and
WHEREAS, the Developer has agreed to construct Logan North. Phase 2 as more
particularly described in paragraph 9 below; and
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OR 5274 PG 412
WHEREAS, the Developer has also agreed to construct an improvement at the
intersection of Logan North and Immokalee Road as more particularly described in paragraph 10
below (the "Logan/Immokalee Intersection Improvement"); and
WHEREAS, it is in the best interest of the County for the Developer to enter into this
Agreement because it will help finance and accelerate the construction of Logan North and the
Logan/Immokalee Intersection Improvement;
WHEREAS, this Agreement is structured to ensure that Adequate Public Facilities are
available to serve the Development concurrent with the impacts of the Development on said
public facilities; and
WHEREAS, the parties have agreed to certain terms and conditions set forth below; and
WHEREAS, the Growth Managn lea ent,Head has recommended to the Board
of County Commissioners that the ovements set-- as Agreement hereinafter referred
to as the "Proposed Plan") am i riformity with cortterrk l mprovements and additions to
the County's trans portation,netwc; and
WHEREAS, after" rea oned conilderd` t,�n b tip Boar of)Commissioners, the Board
finds and reaffirms that: x'
a. The Pro �nr r, wi c0irt�plated improvements and
additions t6ifi Countv's trans Donation.sv�: ' g
b. The Proposewiewed in conjuneton a}tfiir existing or proposed plans, ce
including thos lrctrrl-other developers, wily 6ersely impact the cash flow or n
liquidity of the �i if wa i o,"frustrate or interfere with other
planned or ongoing 'g ! - c s ;,capital improvements and additions to
the County's trans n s
P ortatio�'��'�nd �
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C. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the five-year capital improvement program for the a
County's transportation system and the adopted Long Range Transportation Plan. v
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NOW, THEREFORE, in consideration of $10.00 and other good and valuable E
consideration exchanged between the parties, the parties agree as follows: Q
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1. All of the above recitals and any exhibits referenced therein are true and correct E
and are hereby expressly incorporated herein by reference as if set forth fully below.
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OR 5274 PG 413
Logan North Right -of -Way. Plans and Permits
2. The Developer and the County acknowledge and agree that the Developer has
previously dedicated to the County eighty (80) feet of right-of-way within Collier County for
Logan North Phase 1 pursuant to the Original Agreement, and the Developer has previously
delivered a deed in escrow to the City of Bonita Springs dedicating to Lee County seventy-five
(75) feet of right-of-way within Lee County for Logan North Phase 2. The County acknowledges
that such deed in escrow conveys only a portion of the right-of-way (the western 75 feet) for
Logan North Phase 2. The balance of required right-of-way for Logan North Phase 2 (the
eastern 75 feet) is not owned by the Developer and shall not be the responsibility of the
Developer to provide. The County further acknowledges and agrees that: (i) the County has
approved the plans and issued a right-of-way permit for Logan North Phase 1, (ii) the City of
Bonita Springs has approved the plans for Logan North Phase 2, and (iii) the approved plans
provide for storm water retention for Logatt.,North Phase 1 and Logan North Phase 2. The
Developer will not be entitled to receiV ! i e `ffre,. redits for the design and permitting,
dedication of right -of --way or poixt tstottmw+a�e�tion for Logan North Phase for
Logan North Phase 2. s' r
3. The Developer wilt yide'-the--C ity storm\�wat4r management outfalls and
easements within the Development in a"0,mrdkpce wit the ajpro*d plans for Logan North
Phase 1. The storm water manageri:tystbmo� efent shall be designed to treat the
surface water from Logan North' P taie tl +a r uality standards specified in all
governmental permits and o� i *3,Avy tlppmet#� veloper will also provide
storm water retention fo an �lorth Phase 2 cot istent wit� ,&/approved plans for Logan
North Phase 2, as such plimi,%y be hereafter modifii wt t tli approval of the City of Bonita
Beach and/or Lee County, asba�ilicable. `'
4. Within ten (10) business days`aftertlie County executes a copy of this Agreement
and delivers same to the Developer, the Developer shall assign to the County, without
representation or warranty, the approved plans, right-of-way permit, and valid Unitdd States
Army Corps of Engineers ("USACOE") and South Florida Water Management District
("SFWMD") permits for Logan North Phase 1 (collectively, the "Logan North Phase 1 Plans and
Permit"). The County acknowledges that the Developer's USACOE and SFWMD permits for the
entire Development include Logan North Phase 1 and there are no separate USACOE and
SFWMD permits for Logan North Phase 1. In that regard, the assignment of the USACOE and
SFWMD permits required by this paragraph 4 shall be a partial assignment of the Developer's
USACOE and SFWMD permits for the entire Development to the extent such permits relate to
Logan North Phase 1, and the Developer shall retain all other rights under such permits. Prior to
the expiration of the SFWMD permit, Developer shall extend the permit expiration date to a
minimum of December 30, 2017. Within 90 days of the approval of this Agreement by the Board
of County Commissioners, the Developer and County shall enter into a slope easement
agreement for a strip of land within Tracts F-2, OS-2, OS-3, OS-9 and OS-10 of the Parklands
Plat, recorded at Plat Book 58, Pages 37 through 66, inclusive, of the Public Records of Collier
County, Florida, which strip of land shall be twenty-five (25) feet in width and be located
adjacent to the right-of-way for Logan North Phase 1.
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OR 5274 PG 414
16. F.2.a
5. The County, at its sole cost and expense, shall be solely responsible for the
construction of Logan North Phase 1 and all improvements which are part of the Logan North
Phase I project in accordance with the Logan North Phase 1 Plans and Permit. The Developer
shall be responsible to partially reimburse the County for the costs of construction of Logan
North Phase 1 by paying to the County, on the terms hereinafter provided, an amount (the
"Developer's Reimbursement Amount") equal to the lesser of. (i) 18.6% of the Logan North
Phase 1 Low Bid as awarded and approved by the Collier County BCC (as hereinafter defined),
or (ii) 18.6% of the Logan North Phase 1 Upset Amount (as hereinafter defined). In that regard,
the County and the Developer agree that based on an estimate from the design engineer for
Logan North Phase 1, the current estimated cost of construction of Logan North Phase I is
$5,327,472.00 (the "Logan North Phase 1 Estimate'l with a 50% match being reimbursed to the
County by FDOT in accordance with the TRIP Agreement. Following the execution of this
Agreement, the County shall advertise and bid the Logan North Phase I project in accordance
with the County's normal solicitation procedures -for public road projects. The County shall
provide written notice to the Developer, orth Phase 1 Bid Notice") documenting
the results of such solicitation i�lttng all qbt from lowest to highest, with the
dollar amount of the lowest quaa�innnd awarded bid being hereinafter referred to as the "Logan
North Phase 1 Low Bid". In the`- t_that the Logan North Phase 'I Low Bid exceeds an amount
equal to 105% of the Logan J or P ase Estimate (such\,105% amount being hereinafter
referred to as the "Logan,'Noo Phase 1 t Amo_un " then4he 6unty, in its Logan North
Phase 1 Bid Notice to the Deir q�w e i ly
Cll ! (ir �t a!t S Agreement in which event the
It provisions of paragraph 8 belcv shall plilIn a iverlt tt is i greement has not been terminated
pursuant to the immediatO �8 sc r �r rags h bold then provided the County
completes construction oo an North Phase 1 as" ' vide in tsAgreement, the Developer
shall pay the Developer Ref ursement Amount to,." Cebu }five (5) equal installments,
which shall not bear any mte' ",with the first install ` 146 'due and payable no later than
the date the Developer recess ,a .certificate of occupa for the 2971h dwelling unit in the
Development (the "297`s CO Date ��, t)te-,sccqWAnst ltri Tieing due and payable one year
following the 297`" CO Date, and subs 4*Ot itt ents being due and payable each year
thereafter until the Developer Reimbursem61i�Arrrotint has been paid in full. Notwithstanding the
j foregoing, in the event that the 297" CO Date occurs prior to the County's completion of Logan
North Phase 1, then the first installment of the Developer Reimbursement Amount shall not be
due and payable until the date which is thirty (30) days after the Developer's receipt of written
notice from the County of preliminary acceptance of Logan North Phase 1 (such date being
hereinafter referred to as the "Extended First Payment Due Date") and subsequent installments
shall be due and payable on each subsequent anniversary of the Extended First Payment Date
until the Developer Reimbursement Amount has been paid in full. If the Developer fails to
timely pay any installment of the Developer Reimbursement Amount, then no further certificates
of occupancy for dwelling units in the Development shall be issued until such time as payment
thereof has been made.
6. The County agrees to let and open bids for Logan North Phase 1 on or before
September 30, 2016, commence construction of Logan North Phase 1 on or before December 30,
2016, and complete construction of Logan North by no later than September 30, 2017. In the
event the County has not let and opened the bids for Logan North Phase I on or before
September 30, 2016 or commenced construction of Logan North Phase I on or before December
30, 2016, then the Developer, by written notice given to the County within fifteen (15) days
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OR 5274 PG 415
16. F.2.a
following September 30, 2016 or December 30, 2016, as applicable, may elect to terminate this
Agreement, in which event the provisions of paragraph 8 below shall apply.
7. The Developer has previously completed construction of the segment of Logan
North from the project entrance of the development commonly known as Riverstone to the
project entrance of the Development. In that regard, the County agrees to promptly conduct final
inspections of such segment of Logan North so that the Developer may accomplish final
acceptance of such segment by the County prior to the time that the County commences
construction of Logan North Phase 1. The County agrees to take over the maintenance of such
segment of Logan North upon a satisfactory final acceptance of the road by the Collier County
Growth Management Department. Final acceptance of such segment of Logan North shall be
based on the plans and the Collier County right-of-way permits for such segment and Collier
County Codes in place as of the date of this Agreement. Final acceptance shall be consistent with
the typical County acceptance process for, public-, roads, The Developer is not entitled to any
impact fee credits or any other considtiocdit from the County for the construction of
such segment of Logan North.
S. In the event is reement is terminated by the County pursuant to paragraph 5
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above or by the Developer urs an� ra raph 6 above, then:,(i) the County shall immediately
re -assign to the Developet, wiihout reprelteatatl n �can or t�Ohe :�ogan North Phase I Plans
and Permit, (ii) the Original gfe' ri�tnt shallbi
'; ,[
ee�ed rq�shstated, and (iii) except for the
provisions of this paragraph 8 this Agreemei 11 `' -deettiiofPo further force or effect.
it Mogan North Phase 2'onstMi�t
9. The Develop` sits sole cost and e)tags�e�`sa commence construction of
Logan North Phase 2 prior to c�of a certificate of o, LW for the 297`1' dwelling unit in
the Development and shall com � iota_.w � CA Phase 2 within one (1) year
following the date the Developer rect»V� t' id €oi 6upancy for the 297 dwelling unit in
the Development. If construction of Log `Worttr`hT ase 2 is not completed within one (1) year
following receipt of a certificate of occupancy for the 297a' residential dwelling unit in the
Development, then no further certificates of occupancy shall be issued until such construction is
complete. Following completion of Logan North Phase 2, the Developer will be authorized to
receive certificates of occupancy for the remainder of the Development. Anything to the
contrary notwithstanding, in the event the County does not complete construction of Logan
North Phase 1 on or before September 30, 2017 (and the Developer has not elected to take over
such construction pursuant to paragraph 5 above), then, in addition to any other remedies
available at law or in equity to the Developer for such failure by the County to timely complete
construction of Logan North Phase 1, the Developer's deadlines to commence and complete
construction of Logan North Phase 2 as provided above shall be extended one day for each day
after September 30, 2017 until the County completes construction of Logan North Phase 1. By
way of illustration, if the County does not complete construction of Logan North Phase I until
November 14, 2017, then the Developer's deadline to commence construction of Logan North
Phase 2 will be forty-five (45) days following the date the Developer receives a certificate of
occupancy for the 297`s dwelling unit in the Development and the Developer's deadline to
complete construction of Logan North Phase 2 will be one (1) year and forty-five (45) days
following the date the Developer receives a certificate of occupancy for the 297u' residential
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OR 5274 PG 416
dwelling unit in the Development. It is understood that Logan North Phase 2 lies within Lee
County, that Collier County shall have no right or obligation with respect to any matter dealing
with the construction of Logan North Phase 2 (including permitting and right-of-way), and that
the Developer's inability to build the remainder of its Development in the manner set forth above
will not be waived by the County should the Developer fail to complete construction of Logan
North Phase 2.
Logan/Immokalee Intersection Improvement
10. Prior to receipt of the certificate of occupancy for the 181" dwelling unit within
the Development, the Developer, at the Developer's sole cost and expense, shall have completed
the Logan/Immokalee Intersection Improvement, which includes two (2) additional southbound
lanes for Logan North at Immokalce Road and is more particularly shown on Exhibit "A"
attached hereto and made a part hereof. I the L.oganlImmokalee Intersection Improvement has
not been completed prior to receipt of hd. Ort(rjoiie,of occupancy for the 181" dwelling unit
within the Development, no f e Cates--<,, c #ncy shall be issued until the
Logan/Immokalee ]ntersectiop� e.
ment is complete �� "-
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11. Upon preliminary ap ptance ofthe_1, an/Im kalee Intersection Improvement
by the County, the Developer sha l be en Sled r d m ci credits in an amount equal to
the lesser of: (i) 81.4% of the ktiteis �torb �p�o %eniw o id (as hereinafter defined), or (ii)
81.4% of the actual costs of Co strudtio ttif tit Loga mok4lee Intersection Improvement;
provided, however, in ssclfi{,4�a'd im�edits exceed the sum of
$650,576.01, which sum *Y 4% of an amount eqo to 105%,' ft0e current estimated cost of
construction of the Loga kalee Intersection In emeyq," aged on an estimate from the
design engineer for such �tmprovement. Prior 4,,.�*tencing construction of the
Logan/Immokalee Intersectioi�Irpp�vement, the County 'tt fi Developer shall cooperate to
advertise and bid the Logan/Ime�tt�rsecttoriprent project in accordance with the
County's normal solicitation procedure'cj pu6Ji ad' projects. The County shall provide
written notice to the Developer (the "Inter`s"e'ctM"improvement Bid Notice") documenting the
results 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 the "Intersection Improvement
Low Bid". The Developer may negotiate with any of the bidders or any other qualified
contractor, and in that regard the Developer shall not be obligated to award the construction of
Logan/Immokalee Intersection Improvement to the low bidder or to any of the responsive
bidders; however, in no event shall the Developer be entitled to road impact fee credits for the
Logan/Immokalee Intersection Improvement which exceed the amount set forth above.
Impact Fee Credits
12. Any road impact fee credits to which the Developer is or becomes entitled under
this Agreement shall run with the Development and shall be reduced by the entire amount of the
road impact fee due for each building permit issued thereon until the Development project is
either completed or the credits are exhausted or otherwise no longer available, or have been
assigned by operation of law or pursuant to an assignment agreement with County. The
foregoing reduction in the road impact fees shall be calculated based on the amount of the road
impact fees in effect at the time the building permit is issued. The credits set forth herein shall
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OR 5274 PG 417
be applied solely to road impact fees, and shall not offset, diminish or reduce any other charges,
fees or other impact fees for which the Developer, its successors and assigns, are responsible in
connection with the development of their lands. It shall be the Developer's obligation to notify
the County that a credit is available for each building permit.
13. Any unused impact fee credits remaining upon completion of the Development
shall be reimbursed to the Developer as set forth in the Collier County Consolidated Impact Fee
Ordinance. Any such future reimbursement for excess credits shall come solely from future
receipts by the County of road impact fees, and from no other revenue source, and are subject to
annual appropriation by the Board of County Commissioners. However, no reimbursement shall
be paid until such time as all development, as defined by the County Manager or his designee, at
the location that was subject to the credit has been completed. Such reimbursement shall be
made over a period of five (5) years.
14. An annual rev.t�v anti` audit of perform'a&d` under this Agreement shall be
performed by the County to determine",whether or not there has been demonstrated good faith
compliance with the terms of this ment and to-roport the 'gedif applied toward payment of
road impact fees and the balance of avail_ `iised credit. The County shall provide written
notice to the Developer of arsy faiiacrrpyytt a el+eiope will be given reasonable
opportunity to cure such failure. Sho ld h D �%�1�t cure such failure, the matter may
be forwarded for review s Boat kle�ur y Cop ,nIf the Board of County
Commissioners finds, on �#i°e \basis of substantial b9,Irtpet� t e+lrce, that there has been a
failure to comply with th rms of this Agree tlts It
may be revoked or
unilaterally modified by the �i niy. '"fr
15. The burdens of thtgienuettm.,ball #iiidng upon, and the benefits of this
Agreement shall inure to, all successors, ►c ,4t t epiAes to this Agreement. Upon giving
written notice to the County, the Developer nmy-assign all or part of the road impact fee credits,
utilizing the County's then -current form of assignment, to successor owners of all or part of the
Development, or as otherwise provided for in the Collier County Consolidated Impact Fee
Ordinance.
16. The Developer acknowledges that the failure of this Agreement to address any
permit, condition, term or restriction shall not relieve the Developer 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.
17. Nothing in this Agreement shall be construed to divest the Development of its
pre-existing vested status under Florida Statutes and case law.
18. "Force Majeure" as used herein means causes beyond the reasonable control of
and without the fault or negligence of the party claiming Force Majeure (other than inability to
pay any amount owing pursuant to this Agreement), including, but not limited to, acts of God,
civil riot, war, sudden and unanticipated actions of the elements, or terrorism.
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1 6.F.2.a
19. If either party is rendered wholly or partially unable to perform its obligations
under this Agreement because of Force Majeure, that party shall be excused from such
performance provided that:
a. The non -performing party provides the other party with written notice
describing the Force Majeure circumstances within fifteen days after the occurrence of such
event, or after the consequences of such event become known to the non -performing party,
whichever is later;
b. The suspension of performance is of no greater scope and of no longer
duration than required by the Force Majeure circumstance;
c. The non -performing party immediately undertakes reasonable and prudent
efforts to remedy its inability to perform as:a_resultof the particular event; and
. 06
d. The non-perfo party"'resuntes,o i nce of its obligations under this
Agreement and provides the sir arty with written note€ such resumption as soon as the
tthh
Force Majeure circumstances arse isolved or eliminated.
20. This Agree
agreement under the Florid
or federal laws are enactei
preclude in whole or in phi
but not limited to State �ji
impact fees, then in such i
comply with such laws in a
the
n which materialtJ
> Agreement shall
which best reflects
erized as a development
Tent Act. In the event state
hich are applicable to and
this Agreement, including
,ounty's ability to charge
revoked as is necessary to
s Agreement.
21. The Developer sf"t ` cuie tgr'ee't'�prior to it being submitted for
approval by the Board of CountyCo i o ei� ' is ;Agreement shall be recorded by the
County in the Official Records of Collier'Ca nnty-"Florida, within fourteen (14) days after the
County enters into this Agreement. The Developer shall pay all costs of recording this
Agreement. A copy of the recorded document will be provided to all parties upon request. The
parties hereto shall do all things which may be required to give effect to this 'Agreement
immediately as such requirement is made known to them or they are requested to do so,
whichever is the earlier.
22. This Agreement shall be governed by and construed under the laws of the State of
Florida. 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, said remedy being cumulative with any and all other remedies available to the
parties for the enforcement of the Agreement.
23. 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
al
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OR 5274 PG 419
1 6.F.2.a
writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112-5746
Phone: (239) 252-8383
To Developer.
1600 Sawgrass Corporate Parkway
Suite 400
Sunrise, FL 33323
Attn: General Counsel
Phone: (954) 753-1730
24. This Agreement 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, including, without limitation, the Original Agreement. All prior representations,
undertakings, and agreements by or betrtilie hereto with respect to the subject matter
of this Agreement are merged)att � expresl;e'' tot greement, and any and all prior
representations, undertakin s ,, "F p g , eu�greements by and bet�v ei such parties with respect thereto,
including, without limitatiorr, the O— 1-1—lyAgreement, are by canceled. Nothing contained
herein shall be deemed or constru ^Iq create between or ng any of the parties any joint
venture or partnership not otherwisse,graik to bAe another the right, )authority or power to bind
any other party hereto to any ggre�1,
IN WITNESS WI' e* s
by their appropriate officik*,;� of the date first
ATTEST,
DWIGHT E BRC CK, CLERK , a
'A
ty Clerk
fittest as to
signature 01y,
to be executed
BOARD OFO,I°il~iTY COMMISSIONERS
COLLIER C FLORIDA
o: By--,—
DONY4A FIALA, CHAIRMAN
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
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1 ti.F.2.a
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
Witness Nam . S9AW3 .W jW 7 x5
Witness Name:
State of Florida.
County of Broward )
The foregoing instl(
2016, by Richard Arkin, V
General Partner of Parklanc
behalf of said limited liabili
produced
PARKLANDS ASSOCIATES I, LLLP, a
Florida limited liability limited partnership
By: Parklanroti
ration, a
Florida General
Partner
By:
Richard Arkin, Vice President
r c c o ed d bqJ m 1iis day of Aor 1 I,
ident of Parklart Ip Ge�par r'oration, a Florida co oration,
fates I, LLLP, a irida Iii'n liability limited partnership on
d partnership, who s ersonall known to me or has
�i ` �,. Y )
ILI
Nota Public
NOTARY S
KATHLEEN M. COFFMM
Iav coM ).+as;c'J # EE 852,99
• EXPIRES: Mach 18, 2017
Appro d to orm
and leeggj i s 1c ency:
Jeffrey A.
County A
I�
10
Printed Name
Commission No
Expiration Date
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SCHEDULE OF EXHIBITS
1. Exhibit A — Logan/Immokalee Intersection Improvement
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