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