Agenda 12/14/2021 Item #16A21 (2nd Amended and Restated Bentley Village Redevelopment Agreement)16.A.21
12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve the Second Amended and Restated Bentley Village Redevelopment
Agreement between the Collier County Board of County Commissioners and CC -Naples, Inc., a
Delaware Corporation (the "Owner"), for the partial redevelopment of the Bentley Village, a
continuing care retirement community ("CCRC") in the Retreat at Naples Planned Unit
Development ("Retreat PUD"), Ordinance Number 97-71.
OBJECTIVE: To obtain Board of County Commissioners (the "Board") approval of the Second
Amended and Restated Bentley Village (`BV") Redevelopment Agreement to allow for the next stage of
the partial redevelopment of the Bentley Village CCRC. The next phase ("Phase III") of redevelopment
consists of adding 64 Independent Living Units and ultimately demolishing, combining and/or
redeveloping existing units to return to the maximum allowable density for the Retreat PUD.
CONSIDERATIONS: As noted within the Executive Summaries provided in support of the original BV
Redevelopment Agreement adopted December 13, 2015, and the (first) Amended and Restated BV
Redevelopment Agreement adopted December 12, 2017, the Retreat PUD is approved for a total of 740
units, as summarized in the below table.
RETREAT PUD BREAKDOWN
Property DescriRtion
Corres op nding LLnita
A. Total Non -Owner property
162
(i.e., not owned by Owner and not Rart of BVl
B. Owner Property (Part of BV)
5,1$
C. TOTAL (A) + (B)(iii) = Retreat PUD Maximum Allowable
794
Density
The 162 units within the Retreat PUD are not associated with Bentley Village, are not owned by the
Owner and will not be affected by the proposed Second Amended and Restated Bentley Village
Redevelopment Agreement.
The Owner finished the first phase of construction of additional Units at BV ("Phase I") pursuant to
permits issued under an approved SDPA and Building Permit (PRBD2015020457601). In association with
the Phase I redevelopment project, 36 existing Units were demolished, 72 new Units were completed, and
an additional 48 existing Units were demolished. The Owner finished the second phase of construction of
additional Units at BV ("Phase II") pursuant to permits issued under an approved SDPA (SDPA-
PL20160002772). In association with the Phase II redevelopment project, 51 Residential Units were
completed within a four (4) story multifamily building, and 52 existing Units are scheduled for
demolition by June 2022. Under the current Amended and Restated BV Redevelopment Agreement, the
Owner is to return the Unit Count of 740 RDU within 7 years of the Certificate of Occupancy on the 51-
Unit Multifamily Building. The Certificate of Occupancy was issued on September 25, 2019, with a
required demolition date of 2026, pending future phase redevelopment, which includes the demolition of
Buildings 20, 21 and 22 (as identified in the Amended and Restated BV Redevelopment Agreement, the
"Viewpoint Units").
The Owner wishes to obtain approval of a Second Amended and Restated BV Redevelopment Agreement
to allow for Phase III of the redevelopment of the Bentley Village CCRC within the Retreat PUD. Phase
III redevelopment consists of adding 64 new multi -family units (herein, the "Phase III Buildings"), and
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ultimately demolishing or combining a minimum of 35 units located in Buildings 11, 12 and 14 located
on Bentley Drive (herein, the "Bentley Drive Buildings") pending future phase redevelopment.
Simultaneously, the Owner seeks approval of a SDPA and Building Permit for Phase III redevelopment.
There will be 35 units above the allowed dwelling unit count for the PUD, which the proposed agreement
will recognize and allow, with the requirement that the Owner demolish or combine one or more units
located in Buildings 11, 12 and 14, currently consisting of 53 units to cancel out the Temporary Net Unit
Overage bring the PUD within the Maximum Unit Density count. Specified in the Agreement, units
within the existing Bentley Drive Buildings, pending vacancy of units within each building currently
occupied by long-term BV residents, will be scheduled for demolition, consolidation or redevelopment
following the transition schedule indicated within the Second Amended and Restated Bentley Village
Redevelopment Agreement.
The revised unit count for the Retreat PUD at the completion of the Second Amended and Restated BV
Redevelopment Agreement, requiring a minimum of 35 net units located on or around the Bentley Drive
Buildings to be demolished, combined and/or redeveloped pending future phase redevelopment.
The total units constructed are within the allowable units provided by the Retreat PUD. The proposed
Second Amended and Restated Bentley Village Redevelopment Agreement will allow the Owner to
continuously and effectively upgrade the facilities at Bentley Village, while providing for a resident
transition plan that creates the least amount of disruption for the long-term residents who reside within the
Bentley Village CCRC.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth
Management Plan.
RECOMMENDATION: To approve the Amended & Restated Development Agreement to allow for
the Phase II staging and partial redevelopment of the Bentley Village CCRC.
Prepared by: Mike Bosi, AICP, Zoning Division
ATTACHMENT(S)
1.2nd Amended and Restated Bentley Village Redevelopment Agreement 10-18-21 CC -Naples
Executed (PDF)
2. Agenda 12_12_2017 Item #16A25 (PDF)
3. Agenda 12_08_2015 Item # 16A 19 (PDF)
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12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doe ID: 20601
Item Summary: Recommendation to approve the Second Amended and Restated Bentley Village
Redevelopment Agreement between the Collier County Board of County Commissioners and CC -Naples,
Inc., a Delaware Corporation (the "Owner"), for the partial redevelopment of the Bentley Village, a
continuing care retirement community ("CCRC") in the Retreat at Naples Planned Unit Development
("Retreat PUD"), Ordinance Number 97-71.
Meeting Date: 12/14/2021
Prepared by:
Title: — Zoning
Name: Mike Bosi
11/12/2021 1:53 PM
Submitted by:
Title: — Zoning
Name: Mike Bosi
11/12/2021 1:53 PM
Approved By:
Review:
Zoning
Growth Management Department
Growth Management Department
County Attorney's Office
Growth Management Department
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Mike Bosi
Zoning Director Review
Lissett DeLaRosa
Growth Management Department
Trinity Scott
Transportation
Jeffrey A. Klatzkow Level 2 Attorney Review
James C French
Growth Management
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Skipped
11/09/2021 10:00 AM
Completed
11/12/2021 2:59 PM
Skipped
11/15/2021 12:20 PM
Completed
11/15/2021 2:02 PM
Completed
11/18/2021 3:17 PM
Completed
11/18/2021 3:39 PM
Completed
11/19/2021 11:39 AM
Completed
11/19/2021 4:15 PM
Completed
12/03/2021 2:16 PM
12/14/2021 9:00 AM
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SECOND AMENDED AND RESTATED BENTLEY VILLAGE E
REDEVELOPMENT AGREEMENT a
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This Amended and Restated Agreement is made and entered into this 18th day of October
2021, by and between CC -Naples, Inc., a Delaware Corporation ("Owner"), and The Board of
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County Commissioners of Collier County, Florida, as the governing body of Collier County N
("County").
RECITALS:
WHEREAS, the Owner and the County entered into the Bentley Village Redevelopment
Agreement, as recorded on December 16, 2015 at Official Records Book 5223, Pages 3978 et.
seq., Public Records of Collier County, Florida ("2015 Agreement"); and
WHEREAS, the Owner and the County entered into the Amended and Restated Bentley
Village Redevelopment Agreement, as recorded on December 18, 2017 at Official Records Book
5459, Pages 167 et. seq., Public Records of Collier County, Florida ("2017 Agreement");
WHEREAS, the property ("Property") governed by the 2015 and 2017 Agreements
consist of approximately 156 acres in unincorporated Collier County, commonly known as
"Bentley Village" or "Vi at Bentley Village" (hereinafter `BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat, with an allowable maximum density of 740 Units; and
WHEREAS, BV operates as a continuing care retirement community (a "CCRC") for
senior citizens on the Property; and
WHEREAS, the Owner constructed additional Units at BV pursuant to permits issued
under approved Site Development Plan Amendments (PRBD 2015020957601 and SDPA-
PL20160002772) and plans to construct additional Units pursuant to Phase III of its project as set
forth herein (the "Redevelopment Project"); and
WHEREAS, the 2015 Agreement facilitated the long-term transition plan for the
relocation of long-term BV residents who occupied Units in Buildings 15, 16 and 17, located at
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1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the "Wateredge Buildings"); E
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and
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WHEREAS, under the 2015 Agreement, the County issued Certificates of Occupancy to
Owner for constructed Units prior to the demolition of the Wateredge Buildings; Owner was not
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required to demolish the Wateredge Buildings pending vacancy of all Units within each building N
currently occupied by long-term BV residents; and all Units within the Wateredge Buildings
were vacated and the Wateredge Buildings were demolished; and
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WHEREAS, the 2017 Agreement facilitated the long-term transition plan for the N
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relocation of long-term BV residents who occupied Units in the Buildings 20, 21 and 22, located C
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at 2000, 2100 and 2200 Viewpoint Drive in Naples, Florida (herein, the "Viewpoint Buildings"); v
and N
WHEREAS, under the 2017 Agreement, the County issued Certificates of Occupancy to c
Owner for constructed Units prior to the demolition of the Viewpoint Buildings; the Viewpoint
Buildings are pending vacancy of current long-term BV residents and are anticipated to be
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demolished on or about July 2022; and a
WHEREAS, Owner is proceeding with the next phase of the Redevelopment Project
consisting of the construction of sixty-four (64) Independent Living Units ("Redevelopment c
as
Phase III"); and
as
as
WHEREAS, in anticipation of Redevelopment Phase III, the Owner has developed and is
executing a long-term transition plan to relocate current, long-term BV residents who occupy
Units in the Buildings 11, 12 and 14 located at 1100, 1200, and 1400 Bentley Drive in Naples,
Florida (herein, the "Phase III Buildings"); and m
WHEREAS, the Owner's plan ensures that (i) all Units in the Phase III Buildings are
vacated consistent with the Owner's CCRC operations at BV, and (ii) the orderly demolition of
each of the Phase III Buildings may be accomplished without unnecessary interruption to long-
term BV residential occupants; and
WHEREAS, the parties recognize that it is critical to minimize the impact of
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Redevelopment Phase III of the Redevelopment Project on BV residents who currently occupy a
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Units located within the Phase III Buildings.
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WITNESSETH:
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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
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contained herein, the parties agree as follows:
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1. All of the above RECITALS are true and correct and are hereby expressly
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incorporated herein by reference as if set forth fully below.
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2. Owner and County agree that, until demolition occurs for at least two (2) of any
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of the Phase III Buildings, that it shall not occupy or make available for occupancy any current,
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vacant Units in any of those three (3) Phase III buildings. Further, the Owner agrees that, once
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vacated, any Unit in the Phase III Buildings shall remain vacant and unoccupied pending
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demolition under the terms of this Second Amended and Restated Redevelopment Agreement
until the maximum Unit count is no more than 740 Units.
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3. Collier County agrees to issue Certificates of Occupancy to Owner for the 64
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Independent Living Units constructed under Redevelopment Phase III, with an anticipated 2024
completion date, irrespective of the status of the demolition of the Phase III Buildings, once all
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other terms of the approved permits related to the 64 Independent Livin Units being constructed
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by Owner have been met. The vacant, unoccupied Units within the Phase III Buildings shall not
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be used in calculating impact fees for purposes of issuing the Certificates of Occupancy for any
of the new Units. The Owner agrees that such demolition shall be completed no later than seven
(7) years from the date of the issuance of the last Certificate of Occupancy for the units
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constructed in Redevelopment Phase III and approved under this Agreement.
4. Nothing herein shall affect or limit the right and ability of the Owner to submit
additional property located on or within the Owner's Property for development or
redevelopment.
Legal Matters:
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5. This Agreement shall not be construed or characterized as a development
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agreement under the Florida Local Government Development Agreement Act.
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6. The burdens of this Agreement shall be binding upon, and the benefits of this E
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Agreement shall inure to, all successors in interest to the parties to this Agreement.
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7. Owner 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
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assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said N
permitting requirements, conditions, terms or restrictions.
8. Except as otherwise provided herein, this Agreement shall only be amended by
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mutual written consent of the parties hereto or by their successors in interest. All notices and N
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other communications required or permitted hereunder shall be in writing and shall be sent by C
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Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, v
and addressed as follows: N
To County:
Board of County Commissioners
Harmon Turner Building
3299 E. Tamiami Trail, Suite 200
Naples, Florida 34112
Attn: County Manager
Phone: (239) 774-8872
Facsimile: (239) 774-9370
To Owner:
CC -Naples, Inc.
c/o Classic Residence Management
Limited Partnership
Attn: Chief Legal Officer
233 South Wacker Drive, Suite 8400
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
9. Owner 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 County enters
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into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall E
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provide a copy of the recorded document to the Owner upon request.
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10. In the event of a dispute under this Agreement, the parties shall first use the
County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of
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this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier N
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 this Agreement.
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11. An annual review and audit of performance under this Agreement shall be N
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performed by the County to determine whether or not there has been demonstrated good faith C
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compliance with the terms of this Agreement. If the Collier County Board of Commissioners v
finds, on the basis of substantial competent evidence, that there has been a failure to comply with N
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the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the c
County. c
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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,
Attest:
CRYSTAL K. KINZEL, Clerk
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Penny Taylor, Chairman
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
By: _
Print Name: Gary Smii
Title: Vice President & Treasurer
ACKNOWLEDGEMENT
STATE OF ILLINOIS } JESSICA DAY ~
OFFICIAL SEAL
Notary Public, State of Illinois
COUNTY OF COOK ) wy. ,� ,,}v r',;,,rrr7r'ssion Expire$
29, 2023
The foregoing instrument was acknowledged before me, the undersign otary Public in and for the
State of Illinois, on this 18th day of October, 2021, by Gary Smith. as Vice President & Treasurer (type
of authority, e.g., officer, trustee, etc.) of CC NAPLES, INC., a Sela;ware Corporation, d/b/a Vi at
Bentley Village.
Notary Public 140- �ta4
Name: Jessica
State of Illinois
My Commission Expires: 03129L2t123
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12/12/2017
EXECUTIVE SUMMARY
Recommendation to approve an Amended and Restated Bentley Village Redevelopment Agreement
between the Collier County Board of County Commissioners and CC -Naples, Inc., a Delaware
Corporation, for the partial redevelopment of the Bentley Village, a continuing care retirement
community (CCRC) in the Retreat at Naples Planned Unit Development (PUD), Ordinance
Number 97-71.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval an Amended and Restated
Bentley Village Redevelopment Agreement to allow for the staging and partial redevelopment of the
Bentley Village CCRC. The redevelopment consists of adding 51 new units and ultimately demolishing
existing units.
CONSIDERATION: On December 8, 2015 Collier County and CC -Naples, Inc., entered into an
agreement for the Bentley Village continuing care retirement community (CCRC) to allow for the
construction of new residential units and the demolition of existing units. Bentley Village is developed
within the Retreat PUD. The Retreat PUD is approved for a total of 740 units, as shown in the below
table.
RETREAT PUD BREAKDOWN
Property Description
Corresponding Units
A. Total Non -Owner property (i.e., not owned by Owner and not
part of BV)
162
B. Owner Property (Part of BV)
(i) Constructed with duly -issued Certificates of Occupancy
562
(ii) Unbuilt Units
16
(iii) TOTAL (B)(i) + (B)(ii) = Total Units (Built -out and Unbuilt)
associated with Owner Property at SDPA Approval Date
578
C. TOTAL (A) + (B)(iii) = Retreat PUD Maximum Allowable
man
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As noted, 162 units within the Retreat PUD are not associated with Bentley Village, are not owned by
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CC -Naples, Inc. and were not affected by the 2015 Agreement and will not be affected by the proposed
amended agreement. N
The first phase, as approved by SDPA and Building Permit (PRBD2015020457601), provided that 36
existing units were demolished, 72 new units were constructed and subsequently, 48 units were
demolished. The table on the following page provides for the revised unit count at the completion of the
phase one.
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12/12/2017
UNIT COUNT AT DEMOLITION OF WATEREDGE BUILDINGS
Property Description
Corresponding
Units
A. Non -Owner property (i.e., not owned by Owner and not part of BV)
162
B. Owner Property (Part of BV)
(i) Built Units on Owner Property at Completion of Redevelopment Project
598
(ii) Less: Total Units at Wateredge Buildings demolition
48
(iii) SUBTOTAL (B)(i) - (B)(ii) = Built Units on Owner Property at Demolition
of Wateredge Building
550
C. TOTAL (A) + (B)(iii) = Built -Out Retreat PUD Unit Count at Demolition
f Wateredge Buildings
712
The proposed Amended and Restated agreement will provide for in Phase Two (SDPA-PL20160002772),
the construction of fifty-one (51) residential units contained within a four (4) story multi -family building
and the eventual demolition of Units in buildings 20, 21 and 22, located at 2000, 2100 and 2200
Viewpoint Drive. As similar within Phase One, this arrangement will provide for a temporary overage of
units within the project as the new units are constructed, but will allow for no displacement of residents
aging -in -place pursuant to the continuing care contracts and at the completion of Phase Two with the
demolition of the units within the identified Viewpoint buildings will be within the maximum density of
740 units provided for within the Retreat PUD.
FISCAL IMPACT: There is no Fiscal Impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth
Management Plan.
RECOMMENDATION: To approve the Amended and Restated Development Agreement to allow for to
the staging and partial redevelopment of the Bentley Village CCRC.
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Prepared by: Mike Bosi, AICP, Director, Zoning Division
ATTACHMENT(S)
1. Attachment -A -Bentley -Village -Amended -Restated Agreement (PDF)
2. Attachment-B-12-8-15-Bentley-Village-Agreement (PDF)
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12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 4124
Item Summary: Recommendation to approve an Amended and Restated Bentley Village
Redevelopment Agreement between the Collier County Board of County Commissioners and CC -Naples,
Inc., a Delaware Corporation, for the partial redevelopment of the Bentley Village, a continuing care
retirement community (CCRC) in the Retreat at Naples Planned Unit Development (PUD), Ordinance
Number 97-71.
Meeting Date: 12/12/2017
Prepared by:
Title: Division Director - Planning and Zoning — Zoning
Name: Michael Bosi
11/03/2017 12:03 PM
Submitted by:
Title: Division Director - Planning and Zoning — Zoning
Name: Michael Bosi
11/03/2017 12:03 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer
Growth Management Department Thaddeus Cohen Department Head Review
Growth Management Department James French Deputy Department Head Review
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review
Budget and Management Office Mark Isackson Additional Reviewer
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office Nick Casalanguida Level 4 County Manager Review
Board of County Commissioners MaryJo Brock Meeting Pending
Completed
11/06/2017 4:43 PM
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Completed
11/07/2017 9:50 AM
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Completed
11/12/2017 10:50 PM
Completed
11/13/2017 2:49 PM
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Completed
11/14/2017 4:38 PM
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Completed
11/15/2017 4:15 PM
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Completed
11/26/2017 3:19 PM
T
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12/12/2017 9:00 AM
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�} ROETZEL
850 Park Shore Drive
Trianon Centre
3rd Floor
Naples, FL 34103
DIRECT DIAL: 239.649.2736
PHONE 239.649.6200 FAx 239.261.3659
alupo@ralaw.com
W W W.RALAW.COM
September 5, 2017
VIA HAND DELIVERY
Jeffrey A. Klatzkow, Esquire
OFFICE OF THE COUNTY ATTORNEY
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
RE: Amended and Restated Bentley Village Redevelopment Agreement
Dear Mr. Klatzkow:
Please see enclosed the original Amended and Restated Bentley Village Redevelopment
Agreement as executed by my client pursuant to your email of September 1, 2017.
Please let me know if you need anything further in advance of the September 12, 2017
meeting.
Thank you for your time and attention.
Very truly yours,
ROETZEL & ANDRESS, LPA
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ASHLEY D. LUPO a,T'
ADL/te =
Enclosures
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ROETZEL & ANDRESS CHICAGO WASHINGTON, D.C. CLEVELAND TOLEDO - AKRC
A LEGAL PROFESSIONAL ASSOCIATION COLUMBUS CINCINNATI ORLANDO FORT MYERS NAPLES
118600941 129373.0005
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AMENDED AND RESTATED BENTLEY VILLAGE
REDEVELOPMENT AGREEMENT
This Amended and Restated Agreement is made and entered into this day of
2017, by and between CC -Naples, Inc., a Delaware Corporation ("Owner"),
and The Board of County Commissioners of Collier County, Florida, as the governing body of
Collier County ("County").
RECITALS:
WHEREAS, the Owner and the County entered into the Bentley Village Redevelopment
Agreement, as recorded on December 16, 2015 at Official Records Book 5233, Pages 3978 et.
seq., Public Records of Collier County, Florida ("2015 Agreement"); and
WHEREAS, the property ("Property") governed by the 2015 Agreement consists of
approximately 156 acres in unincorporated Collier County, commonly known as "Bentley
Village" or "Vi at Bentley Village" (hereinafter `BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat, with an allowable maximum density of 740 Units; and -
WHEREAS, BV operates as a continuing care retirement coirampity (a "CCRC ,) for
senior citizens on the Property; and
WHEREAS, the Owner constructed additional Units at BV pursuant to permits issued
under an approved Site Development Plan Amendment (PRBD 2015020957601) and plans to
construct additional Units pursuant to further phases of its project (the "Redevelopment
Project"); and
WHEREAS, the 2015 Agreement facilitates the long-term transition plan for the
relocation of current, long-term BV residents who occupy Units in Buildings 15, 16 and 17,
located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the "Wateredge
Buildings"); and
WHEREAS, under the 2015 Agreement, the Owner continued the construction of Units
under its Redevelopment Project and the County issued Certificates of Occupancy to Owner for
constructed Units prior to the demolition of the Wateredge Buildings; and
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WHEREAS, Owner is not required to demolish the Wateredge Buildings pending
vacancy of all Units within each building currently occupied by long-term BV residents; and
WHEREAS; upon the demolition of the Wateredge Buildings pursuant to the 2015
Agreement, the total number of Units then constructed on the entire Retreat PUD will be within
the maximum density of 740 Units; and
WHEREAS, the Owner is proceeding with the next phase of the Redevelopment Project,
specifically SDPA — P1,20160002772, consisting of the construction of fifty-one (51) residential
units contained within a four (4) story multifamily building ("Phase II"); and
WHEREAS, in anticipation of Phase II, the Owner has developed and is executing a
long-term transition plan to relocate current, long-term BV residents who occupy Units in the
Buildings 20, 21 and 22, located at 2000, 2100 and 2200 Viewpoint Drive in Naples, Florida
(herein, the "Viewpoint Drive Buildings"); and
WHEREAS, the Owner's plan ensures that (i) an appropriate number of Units in the
Viewpoint Drive Buildings are vacated consistent with the Owner's CCRC operations at BV, and
(ii) the orderly demolition, consolidation and/or redevelopment of one or more of the Viewpoint
Drive Buildings may be accomplished without unnecessary interruption to long-term BV
residential occupants; and
WHEREAS, the parties recognize that it is critical to minimize the impact of the
Redevelopment Project on BV residents who currently occupy Units located within the
Wateredge and Viewpoint Drive Buildings to support those residents aging -in -place pursuant to
these continuing care contracts.
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.
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2. Owner and County reaffirm that, pursuant to the terms of the 2015 Agreement,
until demolition occurs for at least two (2) of any of the Wateredge Buildings, that Owner shall
not occupy or make available for occupancy any current, vacant Units in those three (3)
buildings. Further, the Owner agrees that, once vacated, any Unit in the Wateredge Buildings
shall remain vacant and unoccupied pending demolition under the terms of the 2015 Agreement.
3. Owner and County agree that Owner shall not occupy or make available for
occupancy any current, vacant Units in the Viewpoint Drive Buildings until it presents final
future redevelopment plans to bring the Unit count among the Viewpoint Drive Buildings within
the PUD's maximum density (i.e., "Phase III"). Further, the Owner agrees that, once vacated,
any Unit in the Viewpoint Drive Buildings shall remain vacant and unoccupied pending
demolition, consolidation and/or redevelopment (at the Owner's discretion) under the terms of
this Amended and Restated Bentley Village Redevelopment Agreement.
4. Collier County agrees to issue Certificates of Occupancy to Owner for the 51
Units being constructed under Phase II, irrespective of the status of the demolition, consolidation
and/or redevelopment (at the Owner's discretion) of one or more of the Viewpoint Drive
Buildings, once all other terms of the approved permits related to the 51 Units being constructed
under Phase II by Owner have been met. The vacant, unoccupied Units within the Wateredge
and Viewpoint Drive Buildings shall not be used in calculating impact fees for purposes of
issuing the Certificates of Occupancy for any of the new Units. The Owner agrees that such
demolition, consolidation and/or redevelopment (at the Owner's discretion) of one or more of the
Viewpoint Drive Buildings as part of Phase III redevelopment shall be completed no later than
seven (7) years from the date of the issuance of the Certificates of Occupancy for the new Units
being constructed under Phase II by Owner approved under this Agreement.
5. Nothing herein shall affect or limit the right and ability of the Owner to submit
additional property located on or within the Owner's Property for development or
redevelopment.
Legal Matters:
6. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
117721361
3
Packet Pg. 1088
16.A.21.b
7. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
8. Owner 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.
9. 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 nationally recognized overnight delivery service,
and addressed as follows:
To County:
Harmon Turner Building
Naples, Florida 34112
Attn: County Manager
Phone: (239) 774-8872
Facsimile: (239) 774-9370
To Owner:
CC -Naples, Inc.
c/o Classic Residence Management
Limited Partnership
Attn: General Counsel
71 South Wacker Drive, Suite 900
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
10. Owner 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 County enters
117721361 4
Packet Pg. 1089
16.A.21.b
into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall
provide a copy of the recorded document to the Owner upon request.
11. In the event of a dispute under this Agreement, the parties shall first use the
County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, 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 this Agreement.
12. An annual review and audit of performance 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 Agreement. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
21
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16.A.21.b
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Jeffrey Aj KlAzFow, County Attorney
STATE OF ILLINOIS )
)ss:
COUNTY OF COOK )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
IM
Penny Taylor, Chairman
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
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Print Name: Go •�
Title:
V�
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the
State of Illinois, on this t sf day of %,S2.o4c me r- , 2017, by G ae- �
as _) I ee� (type of authority, e.g., officer, tru tee, etc.) of CC-
NAPLES, INC., a Delaware Corporation, d/b/a Vi at Bentley Village,
Not Public
Namne.
State of V i ►s
My Commission Expires:4-112J2,
117721361 6 OFFMSEAL
FEUCIA BATES POINTER
NOTARY PUBLIC • STATE OF LL1N=
MY COAM�IISSION EXPIRES 0N12121
Packet Pg. 1091
16.A.21.b
16Ai
BENTLEY VILLAGE REDEVELOPMENT AGREEMENT
This Agreement is made and entered into this ;k�, day off, 2015, by and
between CC -Naples, Inc., a Delaware Corporation ("Owner"), and The Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County ("County").
RECITALS:
WHEREAS, the property ("Property") governed by this Agreement consists of
approximately 156 acres in unincorporated Collier County, commonly known as `Bentley
Village" or "Vi at Bentley Village" (hereinafter "BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat, with an allowable maximum density of 740 Units; and
WHEREAS, BV operates as a continuing care retirement community (a "CCRC") for
senior citizens on the Property; and
WHEREAS, the Owner is constructing additional Units at BV pursuant to permits issued
under the approved Site Development Plan Amendment (the "Redevelopment Project"); and
WHEREAS, the Owner intends to demolish three (3) multi -family buildings, Buildings
15, 16 and 17, located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the
"Wateredge Buildings"), pending vacancy of all Units within each building currently occupied
0
by long-term BV residents. The parties acknowledge and recognize that, upon the demolition of N
the Wateredge Buildings, the total number of Units then constructed on the entire Retreat PUD N
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will be within the maximum density of 740 Units; and
WHEREAS, in anticipation of the Redevelopment Project, the Owner developed and has E
executed a long-term transition plan to relocate current, long-term BV residents who occupy r�
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Units in the Wateredge Buildings, such that (i) all Units in the Wateredge Buildings may be N
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vacated consistent with the Owner's CCRC operations at BV, and (ii) the orderly demolition of NI
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each of the Wateredge Buildings may be accomplished without unnecessary interruption to long-
term BV residential occupants; and
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INSTR 5206943 OR 5223 PG 3978 E
1 RECORDED 12/16/2015 9:39 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COUR-
COLLIER COUNTY FLORIDA Q
REC $44.00
Packet Pg. 1092
16.A.21.b
16A19
WHEREAS, the parties recognize that it is critical to minimize the impact of the
Redevelopment Project on BV residents who currently occupy Units located within the
Wateredge Buildings.
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. Owner agrees that, until demolition occurs for at least two (2) of any of the
Wateredge Buildings, that it shall not occupy or make available for occupancy any current,
vacant Units in those three (3) buildings. Further, the Owner agrees that, once vacated, any Unit
in. the Wateredge Buildings shall remain vacant and unoccupied pending demolition under the
terms of this Agreement. The Owner agrees that such demolition shall be completed no later
than five (5) years from the date of the approval of this Agreement.
3. Collier County agrees to issue Certificates of Occupancy to Owner for the 72
Units being constructed under the Approved Permits and Site Development Plan Amendment,
irrespective of the status of the demolition of the Wateredge Buildings, once all other terms of
the Approved Permits related to the 72 Units being constructed by Owner have been met. The
vacant, unoccupied Units within the Wateredge Buildings shall not be used in calculating impact
fees for purposes of issuing the Certificates of Occupancy for any of the new Units.
4. Nothing herein shall affect or limit the right and ability of the Owner to submit
additional property located on or within the Owner's Property for development or
redevelopment.
Legal Matters:
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
2
Packet Pg. 1093
16.A.21. b
6. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
7. Owner 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.
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 shall be in 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:
Harmon "Turner Building
Naples, Florida 34112
Attn: County Manager
Phone: (239) 774-8872
Facsimile: (239) 774-9370
To Owner•
CC -Naples, Inc.
c/o Classic Residence Management
Limited Partnership
Attn: General Counsel
71 South Wacker Drive, Suite 900
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
9. Owner 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 County enters
9
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into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall
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provide a copy of the recorded document to the Owner upon request. Q
10. In the event of a dispute under this Agreement, the parties shall first use the E
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County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, 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 this Agreement. 0°
11. An annual review and audit of performance 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 Agreement. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with m
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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16.A.21.b
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
By: By:;
lAttersDe-outv Clerk Timhairman
Applegality:
Jeffrey Pil Kl',4etKv, County Attorney
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
By:
Pri ame: jj •-,%iq,+rJ�gs.�„
Title: ?Pv
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)ss:
COUNTY OF COOK
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the
State of Illinois, on this G� k_z' day of /(- e, v e- n., Fx ,z , 2015, by f1' cl oL� ,-i ct_ / el'dt � ) 5 o
as (type of authority, e.g., officer, trustee, etc.) ofCC-
NAPLES, INC., a Delaware Corporation, d/b/a Vi at Bentley Village.
OFFICIAL SEAL
FELICIA BATES
Notary Public • State of Illinois
My commossion Ezpiros 05113401t
Notary Public
Name: 1 i C
State of
My Commission Expires: .�1 3 JZO/ j
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12/8/2015 1 1 s, A.21.c
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EXECUTIVE SUMMARY
Recommendation to approve the Bentley Village Redevelopment Agreement between the
Collier County Board of County Commissioners and CC -Naples, Inc., a Delaware
Corporation, for the partial redevelopment of the Bentley Village, a continuing care
retirement community (CCRC) in the Retreat at Naples Planned Unit Development (PUD),
Ordinance Number 97-71.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the Bentley Village
(BV) Redevelopment Agreement to allow for the staging and partial redevelopment of the Bentley
Village CCRC. The redevelopment consist of adding 72 new units and ultimately demolishing 84
existing units.
CONSIDERATION: The Retreat PUD is approved for a total of 740 units, as shown in the below
table.
RETREAT PUD BREAKDOWN
Property Description
Corresponding
Units
A. Total Non -Owner property
(i.e.. not owned by Owner and not part of BV)
162
B. Owner Pro Part of BV
(i) Constructed with duly -issued Certificates of
562
Occupancy
ii Unbuilt Units
16
(iii) TOTAL (B)(i) + (B)(ii) _
Total Units (Built -out and Unbuilt)
associated with Owner Property
at SDPA Approval Date
57
C. TOTAL (A) + (B)(iii) = Retreat PUD
Maximum Allowable Density
740
As noted, 162 units within the Retreat PUD are not associated with Bentley Village, are not owned by
CC -Naples, Inc. and will not be affected by the proposed Agreement.
Currently, the Owner is constructing additional Units at Bentley Village pursuant to permits issued
under an approved SDPA and Building Permit (PRBD2015020457601). In association with the
project, 36 existing units have been demolished, and at the completion of the project 72 new units will
be provided. The table on the following page provides for the revised unit count at the completion of
the project.
0
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12/8/2015 1 16.A.21.c
TEMP RARY NET UNIT OVERAGE CALCULATION
Property
Description
Corresnondina
Units
A. Non -Owner property
(I.e., not owned by Owner and not part of BV)
162
B. Owner Property (Part of BV)
(1) Subtotal Constructed, with duly -issued Certificates of
Occupancy
562
ii Less: Demolished Units
36
iii Plus: Newly Constructed Units
72
(iv) SUBTOTAL (B)(i) - (B)(ii) + (B)(iii) _
Built Units on Owner Property upon
Completion of Redevelogment Project
598
C. SUBTOTAL (A) + (B)(iv) _
Built -Out Retreat PUD Unit Count upon
Comigiet"an of Redevelol2ment Project
D. Less Retreat PUD Maximum Allowable Density
740
E. TOTAL (C) — (D) _
Temparant NotUnit Overage
As designated in the table, there will be 20 units above the allowed dwelling unit count for the PUD,
which the proposed agreement will recognize and allow, with the requirement that an additional 48
units will be demolished within the project. Specified in the Agreement, the existing Wateredge
Buildings, pending vacancy of all 48 Units within each building currently occupied by long-term BV
residents, will be scheduled for demolition following the transition schedule indicated within page two
of the Bentley Village Redevelopment Agreement.
The final table on the following page illustrates the revised unit count for the Retreat PUD at the
completion of the Bentley Village Redevelopment Agreement, as proposed.
i
a
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12/8/2015 4��
UNIT COUNT AT DEMOLITION OF WATEREDGE BUILDINGS
Property
Description
Correspondina
Units
A. Non -Owner property
(i.e., not owned by Owner and not part of BV)
162
B. Owner Property (Part of BV)
(i) Built Units on Owner Property upon
598
Completion of Redevelopment Project
(ii) Less: Total Units at Wateredge Buildings pending
48
demolition in future phase of redevelopment on the
Owner's Property
(iii) SUBTOTAL (B)(i) - (B)(ii) _
Built Units on Owner Property upon
Demolition of Wateredge Buildings
550
C. TOTAL (A) + (B)(iii) =
Built -Out Retreat PUD Unit Count upon
Demolition of Wateredae Buildinas
712
The total units constructed are within the allowable units provided by the Retreat PUD and the o
Bentley Village Redevelopment Agreement will allow for the upgrading of the facilities at Bentley a
Cn
Village, while providing for a resident transition plan that creates the least amount of disruption for its
long term residents. c
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FISCAL IMPACT: There is no Fiscal 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 Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth
Management Plan.
RECOMMENDATION: To approve the Development Agreement to allow for the staging and
partial redevelopment of the Bentley Village CCRC.
Prepared by: Mike Bosi, AICP, Director, Zoning Division, Growth Management Department
Attachment:
1) Bentley Village Redevelopment Agreement
Packet Page -621- Packet Pg. 1099
12/8/2015 1 1 s.A.21.c
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve the Bentley Village Redevelopment
Agreement between the Collier County Board of County Commissioners and CC -Naples, Inc., a
Delaware Corporation, for the partial redevelopment of the Bentley Village, a continuing care
retirement community (CCRC) in the Retreat at Naples Planned Unit Development (PUD),
Ordinance Number 97-71
Meeting Date: 12/8/2015
Prepared By
Name: BosiMichael
Title: Division Director - Planning and Zoning, Zoning
11/9/2015 2:13:29 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:42:50 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:50:47 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/12/2015 8:27:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 11:48:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 4:23:15 PM
Name: IsacksonMark
Packet Page -622- Packet Pg. 1100
16.A.21.c
12/8/2015 1 .
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/16/2015 11:35:28 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/16/2015 5:05:00 PM
Packet Page -623- Packet Pg. 1101
12/8/2015 1 1 s:A.21.c
BENTLEY VILLAGE REDEVELOPMENT AGREEMENT
This Agreement is made and entered into this day of , 2015, by and
between CC -Naples, Inc., a Delaware Corporation ("Owner"), and The Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County ("County").
RECITALS:
WHEREAS, the property ("Property") governed by this Agreement consists of
approximately 156 acres in unincorporated Collier County, commonly known as `Bentley
Village" or "Vi at Bentley Village" (hereinafter "BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat, with an allowable maximum density of 740 Units; and
WHEREAS, BV operates as a continuing care retirement community (a "CCRC") for
senior citizens on the Property; and
WHEREAS, the Owner is constructing additional Units at BV pursuant to permits issued
under the approved Site Development Plan Amendment (the "Redevelopment Project"); and
WHEREAS, the Owner intends to demolish three (3) multi -family buildings, Buildings
15, 16 and 17, located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the
"Wateredge Buildings"), pending vacancy of all Units within each building currently occupied
by long-term BV residents. The parries acknowledge and recognize that, upon the demolition of
the Wateredge Buildings, the total number of Units then constructed on the entire Retreat PUD
will be within the maximum density of 740 Units; and
WHEREAS, in anticipation of the Redevelopment Project, the Owner developed and has
executed a long-term transition plan to relocate current, long-term BV residents who occupy
Units in the Wateredge Buildings, such that (i) all Units in the Wateredge Buildings may be
vacated consistent with the Owner's CCRC operations at BV, and (ii) the orderly demolition of
each of the Wateredge Buildings may be accomplished without unnecessary interruption to long-
term BV residential occupants; and
1
Packet Page -624- Packet Pg. 1102
16.A.21.c
12/8/2015 4 .
WHEREAS, the parties recognize that it is critical to minimize the impact of the
Redevelopment Project on BV residents who currently occupy Units located within the
Wateredge Buildings.
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. 00
2. Owner agrees that, until demolition occurs for at least two (2) of any of the
Wateredge Buildings, that it shall not occupy or make available for occupancy any current, W
vacant Units in those three (3) buildings. Further, the Owner agrees that, once vacated, any Unit
in the Wateredge Buildings shall remain vacant and unoccupied pending demolition under the
c
terms of this Agreement. The Owner agrees that such demolition shall be completed no later E
Q
than five (5) years from the date of the approval of this Agreement.
0
3. Collier County agrees to issue Certificates of Occupancy to Owner for the 72 cn
Units being constructed under the Approved Permits and Site Development Plan Amendment, r
0
irrespective of the status of the demolition of the Wateredge Buildings, once all other terms of N
the Approved Permits related to the 72 Units being constructed by Owner have been met. The r
a
vacant, unoccupied Units within the Wateredge Buildings shall not be used in calculating impact T-
fees for purposes of issuing the Certificates of Occupancy for any of the new Units.
4. Nothing herein shall affect or limit the right and ability of the Owner to submit r
0
additional property located on or within the Owner's Property for development or Cco
0
redevelopment. N�
Legal Matters:
5. This Agreement shall not be construed or characterized as a development Q
agreement under the Florida Local Government Development Agreement Act.
E
2
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Packet Page -625- Packet Pg. 1103
12/8/2015 4��
6. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
7. Owner 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.
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 shall be in 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:
Harmon Turner Building
Naples, Florida 34112
Attn: County Manager
Phone: (239) 774-8872
Facsimile: (239) 774-9370
To Owner:
CC -Naples, Inc.
c/o Classic Residence Management
Limited Partnership
Attn: General Counsel
71 South Wacker Drive, Suite 900
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
9. Owner 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 County enters
3
Packet Page -626-
Packet Pg. 1104
16.A.21.c
12/8/2015 16.
into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall
provide a copy of the recorded document to the Owner upon request.
10. In the event of a dispute under this Agreement, the parties shall first use the
County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, 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 this Agreement.
11. An annual review and audit of performance 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 Agreement. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10
SIGNATURE PAGE TO FOLLOW
0
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Packet Pg. 1105
16.A.21.c
12/8/2015 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
It
By:
Pri ame:
Title:
?Pe%Iv
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)ss:
COUNTY OF COOK )
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the
State of Illinois, on this 6"�6day of k(vy eng he z- , 2015, by
as (type of authority, e.g., officer, -
trustee, etc.) of CC-
NAPLES, INC., a Delaware Corporation, d/b/a Vi at Bentley Village.
Y
OFFICIAL SEAL
FELICIA BATES
Notary Public • State of Illinois
My Commission Expires. 051131201?
Notary Public `,�
Name: e l e r a� �D afe s
State of i f rs
My Commission Expires: ;- / 3 17
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Packet Page -628-
Packet Pg. 1106