Agenda 09/13/2022 Item #16F 2 (Revised Tri-Party Developer Contribution Agreement)09/13/2022
EXECUTIVE SUMMARY
Recommendation to enter into a revised Tri-Party Developer Contribution Agreement with Ave
Maria Development LLLP, and the School District, related to the construction of a new public
elementary school within the Town of Ave Maria, by re quest of the District School Board of
Collier County (School District).
OBJECTIVE: That the Board of County Commissioners (Board) approves the proposed revised Town
of Ave Maria Tri-Party Developer Contribution Agreement, whereby the parties agree that the School
District will assume the development, management, and oversight of the Project for a new public
elementary school within the Town of Ave Maria.
CONSIDERATIONS: On March 10, 2020, under agenda item 16.K.3., the Board approved the
original Tri-Party Developer Contribution Agreement (Original DCA) between Ave Maria
Development, the School District, and the County, relating to the construction of a public elementary
school in the Town of Ave Maria in exchange for the issuance of educational impact fee credits to Ave
Maria Development LLLP.
On June 8, 2021, under agenda item 16.K.8., the Board approved the revised Tri -Party Developer
Contribution Agreement (Replacement DCA) between Ave Maria Development LLLP, the School
District, and the County, relating to the construction of a public elementary school within the Town of
Ave Maria in exchange for the issuance of educational impact fee credits to Ave Maria Development
LLLP, and the tracking and monthly reporting of all educational impact fees collected within the Ave
Maria SRA boundary by the County.
On August 9, 2022, the following Executive Summary was brought before the District School Board
and was approved, for the described revisions to the DCA:
“On July 8, 2021, the District School Board approved a Tri-Party Developer Contribution
Agreement, which Agreement replaced and superseded the Original Agreement approved on
March 10, 2020. Under the July 8, 2021, Agreement, the Developer transferred land to the
School District within the Town of Ave Maria SRA boundary in exchange for credit against
school impact fees. In exchange thereof, the Developer would construct a new elementary
school with an anticipated start date in the second half of 2022. The parties have agreed, in this
Amended Agreement, that the District will assume the development management and oversight
of the elementary school construction project in light of the fact that the commencement of the
project will not commence as anticipated. The County will continue to track the collection of
educational impact fees paid within the Town of Ave Maria SRA boundary and will provide the
District with a monthly report accordingly. The District will continue to maintain the presently
existing separate account for the project to set aside disbursed funds. This Amended
Agreement will replace and supersede the July 8, 2021, Agreement which will thereby be
terminated.”
The proposed revised Tri-Party Developer Contribution Agreement has been executed by the Developer
and was approved by the District School Board on August 09, 2022.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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09/13/2022
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 the attached revised Town of Ave Maria Tri-Party Developer
Contribution Agreement and authorize the Chairman to sign the attached Agreement.
Prepared By: Ian Barnwell, Impact Fee Manager, Capital Project Planning, Impact Fees & Program
Management Division.
ATTACHMENT(S)
1. Ave Maria Amended Tri-Party Developer Contribution Agreement (PDF)
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09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doc ID: 23245
Item Summary: Recommendation to enter into a revised Tri-Party Developer Contribution
Agreement with Ave Maria Development LLLP, and the School District, related to the construction of a
new public elementary school within the Town of Ave Maria, by request of the District School Board of
Collier County (School District).
Meeting Date: 09/13/2022
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
09/02/2022 4:44 PM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and
Program Management
Name: Beth Johnssen
09/02/2022 4:44 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 09/06/2022 8:31 AM
Growth Management Department Jeanne Marcella Growth Management Department Completed 09/06/2022 11:42 AM
Growth Management Department Gino Santabarbara Transportation Skipped 09/02/2022 4:36 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/06/2022 11:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2022 11:56 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/06/2022 3:42 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2022 6:18 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
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16.F.2.aPacket Pg. 2958Attachment: Ave Maria Amended Tri-Party Developer Contribution Agreement (23245 : Revised Tri-Party DCA with Ave Maria Development
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