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Agenda 11/12/2024 Item #16B13 (Resolution - Clarifying Conditions and obligations related to certain constrution improvements made by WPPI Naples)11/12/2024 Item # 16.B.13 ID# 2024-1940 Executive Summary Recommendation to approve a Resolution clarifying conditions and obligations related to certain construction improvements made by WPPI Naples TF, LLC, in the Tree Farm PUD as part of a developer agreement. OBJECTIVE: To clarify that WPPI Naples TF, LLC met certain obligations of their developer agreement with the County. CONSIDERATIONS: On December 14, 2021, the County entered into an Amended and Restated Developer Agreement (recorded in OR Book 6061, Page 210) with WPPI Naples TF LLC (the “Developer”) to coordinate and cooperate to construct and intersection roundabout on Collier Boulevard at the Heritage Bay Government Center and the Tree Farm PUD. In short, the Developer would build a roundabout that also suited the County’s government center, and the County would reimburse the Developer 61.6% of the construction costs, up to $403,582.00 (the “Improvements”). Right of Way permit number PRROW20210418169 was finaled on October 10, 2022. After a reimbursement request and proper documentation was submitted, the County issued a $403,582.00 check to the Developer on April 18, 2023. All outstanding obligations regarding the Improvements have been satisfied. However, the marketability of the title to the Developer’s land remains in question without a formal declaration that the conditions and obligations of the developer agreement have been satisfied. The Developer requested that the County provide a resolution clarifying that the conditions and obligations regarding the improvements have been completed. Providing such clarification will continue to encourage developers to work with the County in mutually beneficial projects and demonstrate that the County remains a good partner in such public-private partnerships. FISCAL IMPACT: There are no costs related to adopting a resolution clarifying that the improvements have been completed. The Developer shall pay for recording costs of the resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - DDP RECOMMENDATIONS: To approve a resolution clarifying conditions and obligations related to certain construction improvements made by WPPI Naples TF, LLC in the Tree Farm PUD as part of a developer agreement. PREPARED BY: Trinity Scott, Transportation Management Services Department Head & Derek D. Perry, Assistant County Attorney ATTACHMENTS: 1. Draft - Resolution - 11052024 2. Amended and Restated Developer Agreement 3. Right of Way, Sign & Well Permit Application Status - CityView Portal 4. County Reimbursement Memo 5. Collier County Board of Commissioners Payment 4.18.23 Page 2097 of 5419 RESOLUTION NO. 2024 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SEEKING TO CLARIFY CONDITIONS AND OBLIGATIONS RELATED TO CONSTRUCTION OF IMPROVEMENTS IN THE TREE FARM MPUD BY WPPI NAPLES TF, LLC, A DELAWARE LIMITED LIABILITY COMPANY. WHEREAS, WPPI Naples TF, LLC, a Delaware limited liability company, ("DEVELOPER"), is the owner of certain lands located in Section22, Township 48, Range 26 Collier County, Florida, as described in Exhibit"A", attached hereto and incorporated herein by reference (the "PROPERTY"); and WHEREAS, the PROPERTY is encumbered in part by the following matters of record involving Collier County, Florida: Developer Agreement Tree Farm MPUD between WPPI Naples TF, LLC and TBC Tree Farm 1 ,LLC and Collier County, a political subdivision of the State of Florida recorded in Book 5863, Page 2495 of Official Records of Collier County, Florida and re-recorded in Book 5959, Page 96 of Official Records of Collier County, Florida; as affected by Amended and Restated Developer Agreement Tree Farm MPUD recorded in Book 6067, Page 210 of Official Records of Collier County, Florida (collectively, the "DEVELOPER AGREEMENT"); and WHEREAS, the Developer Agreement required DEVELOPER to design and construct a road and sidewalk improvements of a roundabout adjacent to the Property (the "IMPROVEMENTS"); and WHEREAS, the Board of County Commissioners of Collier County, Florida ("BOARD"), seeks to confirm that the IMPROVEMENTS were completed to the satisfaction of the BOARD; and WHEREAS, DEVELOPER accepts and consents to the satisfactions herein, as evidenced in Exhibit "B", attached hereto an incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: l. The recitals set forth above are true and correct, and incorporated herein by reference. 2. The IMPROVEMENTS are deemed to be complete and satisfied. 3. Any outstanding conditions, obligations, and/or monetary requirements relating to IMPROVEMENTS and DEVELOPER AGREEMENT are deemed to be satisfied as to the DEVELOPER and PROPERTY. [24-OTH-000 98 I 190 I 9 52t 1)Page 1 of4 qo Page 2098 of 5419 4. The satisfactions in paragraphs 2 and 3 are expressly sought to waive any monetary or executory requirements held by the BOARD regarding the DEVELOPER'S obligations to construct the IMPROVEMENTS. 5. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding hall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 12th day of November 2024. Deputy Clerk Approved as to form and legality Derek D. Perry Assistant County Attorney ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall, Chairman Attachments: Exhibit "A') - Property Legal Description Exhibit '68" - Consent and Acceptance [24-OTH-000 98t 1 90 t9 s2 I 1)Page 2 of 4 %sPage 2099 of 5419 EXHIBIT *A' The Ldd r#red to herdn behr is srtu#d in the Csrrty Ef Cdlier, Sbte of Fbrida. ard is described as fo8clss TRACT B G TREE FIUW, ACCO}RDINGTO THE PIAT TFEREOF AS RI{ORDED IhI P{-AT BOOK 68, PAGE gg, oFlHE nEUC RFCORm OF C0.IIER CCnBrrY, H_ORIDA. r-)',tO [24-OTH-00098 I 1 90 t9s2t 1)Page 3 of4 Page 2100 of 5419 EXHIBIT "B" CONSENT AND ACCEPTANCE OF RESOLUTION The undersigned, WPPI Naples TF, LLC, a Delaware limited liability company, hereby certifies that it is the owner ("Owner") of that certain parcel of real property attached hereto as Exhibit A (the "Land"), and the undersigned hereby accepts and consents to the satisfactions by Collier County pertaining to the Land as set forth in Resolution2024- Witness # 1 Signature WPPI Naples TF, LLC a Delaware limited liability company Address of Witness #1 Printed Name of Witness #1 By:WPPVWL Tree Farm, LLC, a Delaware limited liability company Its: sole member By: WPPI/HS Naples TF Investment, LLC, a Delaware limited liability company Its: Operating Member By: WMB Co.p., an Indiana corporation, Its: Manager Witness # 2 Signature Printed Name of Witness #2 By: Address of Witness #2 Name: Its: STATE OF INDIANA COLINTY OF LAKE The foregoing instrument was acknowledged before me by means of tr physical presence or tr online notarization this day of 2024, by of WMB Co.p., an Indiana corporation, the Manager of W?PI/HS Naples TF Investment, LLC, a Delaware limited liability company, the Operating Member of W?PI/WL Tree Farm, LLC, a Delaware limited liability company, the Sole Member of WPPI Naples TF, LLC a Delaware limited liability company, who executed the foregoing document on behalf of said corporation in its capacity as the Manager of the Operating Member of the Sole Member of WPPI Naples TF, LLC, and Ewho is personally known to me or Ewho has produced as identification. Notary Public Print Name: My Commission Expires r3981s87 I the qo [24-OTH-000981 t90 t9s2l t]Page 4 of 4 Page 2101 of 5419 Page 2102 of 5419 Page 2103 of 5419 Page 2104 of 5419 Page 2105 of 5419 Page 2106 of 5419 Page 2107 of 5419 Page 2108 of 5419 Page 2109 of 5419 Application Number:PRROW20210418169 Application Type:Right Of Way Application Status:Finaled Property Owner's Full Name: Category of Work:New Construction Occupancy Code:Utility, miscellaneous - Commercial & M/F Description of Work:Application for a Collier County Right-of-Way Permit for the construction of a roundabout (RAB) within the Collier Boulevard Right-of-Way at the entrance to the Tree Farm PUD. On December 8, 2020 the Collier County Board of County Commissioners approved a Developer Agreement (OR 5863 PG 2495) between the owners of the Tree Farm PUD and the county for the construction of the RAB proposed in this application; the Developer Agreement is included with this application and has been recorded in the public records of Collier County in O.R. 5863, PG. 2495. The RAB is proposed at the southern entrance to the Tree Farm Apartments (currently under construction as PL20190002847) and the entrance to the Heritage Bay Government Center (currently under construction as PL20200000953). Modifications to the adjoining Site Development Plans will be required to be consistent with the proposed construction in this application. Application Date:04/20/2021 Issued Date:08/03/2021 Expiration Date:04/08/2023 Date Finaled:10/10/2022 1-2 Family or Comm:Commercial Business Name: Locations:Property 190041403 Property 49660084320 Applicant:Peninsula Engineering - Kim Davidson, Address:2600 Golden Gate Parkway, Phone: (239) 262-2600 Ext:6807 Interested Party:TBC TREE FARM 1 LLC % THE BROOKLINE COMPANIES LLC ATTN: WILLIAM B YEOMANS, Address:14004 ROOSEVELT BLVD #601C Interested Party:WPPI NAPLES TF LLC SUITE A1 100 SUITE A1 100, Address:9800 CONNECTICUT DR Qualifier:DONALD E. BROOKS, Address:13762 PINE VILLA LANE, Phone:(239) 481-3524, Licensee # Q14325 License Status Primary Contractor:BROOKS & FREUND, LLC, Address:5661 INDEPENDENCE CIR. STE 1, Phone:(239) 939- 5251, State Reg #'s CGC049621, Licensee # C29879 License Status Permit Type:ROW Commercial Permit Status:Finaled Right of Way, Sign & Well Permit Application Status PRROW20210418169 In order to view fees or schedule inspections, you need to be signed in. Summary Business Name at Location (Portal) Locations Contacts Permits (Click to See Reviews) Permit Number: PRROW2021041816901 Deposits & Bonds 11/5/24, 10:23 AM Right of Way, Sign & Well Permit Application Status - CityView Portal https://cvportal.colliercountyfl.gov/CityViewWeb/Permit/Status?permitId=429503 1/2Page 2110 of 5419 Page 2111 of 5419 Page 2112 of 5419 Page 2113 of 5419