Backup Documents 12/14/2021 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 2 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office ,b p /l �a�/�
4. BCC Office Board of County tOr �/
Commissioners (Xj /C/ i2/,2,
5. Minutes and Records Clerk of Court's Office Y
ka\aaial s-,srirn
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Mike Bosi Zoning Division Phone Number 252-1061
Contact/ Department
Agenda Date Item was December 14,2021 (/ Agenda Item Number 16.A.21
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account 138-326-341950
number if document is Must be recorded within 14 days of
to be recorded entering into agreement—please expidite
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be mpb
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's mpb-
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the mpb
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's mpb
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip mph-
should be provided to the County Attorney Office at the time the item is input into SIRE. t/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12-14-2021 and all changes made mpb N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the _mpb. N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. /tt k this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A21
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, January 5, 2022 1:24 PM
To: BosiMichael
Subject: Amended & Restated Bentley Village Redevelopment Agreement (12-14-21 BCC Item #
16A21)
Attachments: Backup Documents 12_14_2021 Item #16A21.pdf
Hi Mike,
A copy of the Amended & Restated Bentley Village Redevelopment
Agreement from the Board's December 14, 2021 Meeting (#16A21)
is attacked for your records, as well as a copy of the receipt for recording
charges. We just made the 14-day recording requirement.
Thank you,
Ann Jennejohn
BMR Senior Deputy Clerk II
` t.tT t tit kT Clerk to the Value Adjustment Board
.t`1� Office: 23g-252-8406
e
Fax: 23 q-252-8408 (if applicable)
Ann.Jennejohvt@CollierClerk•com
r � Office of the Clerk of the Circuit Court
r�
rk"",,c-N..t` & Comptroller of Collier County
32.gq Tamiami Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
l6A21
SECOND AMENDED AND RESTATED BENTLEY VILLAGE
REDEVELOPMENT AGREEMENT
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
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 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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INSTR 6181107 OR 6062 PG 3285
RECORDED 12/28/2021 10:24 AM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$52.50
I 6 A 2 1
1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the "Wateredge Buildings");
and
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
required to demolish the Wateredge Buildings pending vacancy of all Units within each building
currently occupied by long-term BV residents; and all Units within the Wateredge Buildings
were vacated and the Wateredge Buildings were demolished; and
WHEREAS, the 2017 Agreement facilitated the long-term transition plan for the
relocation of long-term BV residents who occupied Units in the Buildings 20, 21 and 22, located
at 2000, 2100 and 2200 Viewpoint Drive in Naples, Florida(herein, the "Viewpoint Buildings");
and
WHEREAS, under the 2017 Agreement, the County issued Certificates of Occupancy to
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
demolished on or about July 2022; and
WHEREAS, Owner is proceeding with the next phase of the Redevelopment Project
consisting of the construction of sixty-four (64) Independent Living Units ("Redevelopment
Phase III"); and
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
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
Redevelopment Phase III of the Redevelopment Project on BV residents who currently occupy
Units located within the Phase III Buildings.
17319183_1 2
16A21
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 and County agree that, until demolition occurs for at least two (2) of any
of the Phase III Buildings, that it shall not occupy or make available for occupancy any current,
vacant Units in any of those three (3) Phase III buildings. Further, the Owner agrees that, once
vacated, any Unit in the Phase III Buildings shall remain vacant and unoccupied pending
demolition under the terms of this Second Amended and Restated Redevelopment Agreement
until the maximum Unit count is no more than 740 Units.
3. Collier County agrees to issue Certificates of Occupancy to Owner for the 64
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
other terms of the approved permits related to the 64 Independent Living Units being constructed
by Owner have been met. The vacant, unoccupied Units within the Phase III 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 shall be completed no later than seven
(7) years from the date of the issuance of the last Certificate of Occupancy for the units
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:
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
17319183_1 3
1 6 A 2 1
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: To Owner:
Board of County Commissioners CC-Naples, Inc.
Harmon Turner Building c/o Classic Residence Management
3299 E. Tamiami Trail, Suite 200 Limited Partnership
Naples, Florida 34112 Attn: Chief Legal Officer
Attn: County Manager 233 South Wacker Drive, Suite 8400
Phone: (239) 774-8872 Chicago, IL 60606
Facsimile: (239) 774-9370 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
17319183_1 4
1 6 A 2 1
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
SIGNATURE PAGE TO FOLLOW
17319183_1 5
16421
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 F COUNTY COMMISSIONERS
CRYST :` KINZtr,Clerk COLLI NTY, FLORIDA,
By. ,tJu,u.. f ,A..4 OC . By:
�1 as.• p ".,aint�� putt'Clerk Penny Tay ,Chairman
Approv•. ti:i •, -a • legality:
..,r11
Jeffrey A. ` a ow, County Attorney
C.C.-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
Print Name: Gary Smit
Title: Vice President&Treasurer
ACKNOWLEDGEMENT
STATE OF ILLINOIS ) :':r'. "^v, JESSICA DAY
)SS: '',`"fit: *- OFFICIAL SEAL
sy -No,ary Publ.c.•State of Illinois
COUNTY OF COOK ) `'V. T., ; My Ccn,rn;u:i Expires
•",., ,..y,,, �ii...:n 29,2023
The foregoing instrument was acknowledged before me, the undersign• 1 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 elaware Corporation, d/b/a Vi at
. ..,,,e4
Bentley Village.
//
Notary Public
Name: Jessica v
State of Illinnic
My Commission Expires: 03/290073
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