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Resolution 2024-211 RESOLUTION NO. 2024 - 211 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 Section 22, 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 6061, 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: 1. 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. INSTR 6619229 OR 6419 PG 2977 RECORDED 12/5/2024 9:37 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 [24-OTH-00098/1901952/1] Page 1 of 4 040 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. ATTEST: 7%. BOARD OF COUNTY COMMISSIONERS CRYSTAL.K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 4""i 2:. i,, 7� al►9►' tte�t te-01- By: ' • i as to Chairi� �'u Clerk Chris all Chairman signature only if ifICP Ap. • ed as to form legality: ailli 0 Derek D. Perry ti'� Assistant County Attorney \ Attachments: Exhibit"A"—Property Legal Description Exhibit"B"—Consent and Acceptance [24-OTH-00098/1901952/1] Page 2 of 4 c`q0 EXHIBIT "A" The Land referred to herein below is situated in the County of Collier,State of Florida,and is described as follows: TRACT B OF TREE FARM,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 68, PAGE 90,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. [24-OTH-00098/1901952/1] Page 3 of 4 �90 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 Resolution 2024- .I I . 4 WPPI Naples TF, LLC itness# 1 ignature a Delaware limited liability company Jan? V8\\r\SC`Jn By:WPPI/WL free Farm, LLC, a Delaware Printed Name of Witness #1 limited liability company Its: sole member (4 BOO CC)tAYlt(-Alcuk-7C, Ske-'Akoo Address of Witness#1 CRo.41$iA,IN4t03(51 By: WPPI/HS Naples TF Investment, LLC, a C Delaware limited liability company ness#2 Signature Its: Operating Member 1v N t_ S 4S.t-okll Cc- By: WMB Corp., an Indiana corporation, Printed Name of Witness #2 Its: Manage (s__ X GoNtl Al-i By: Address of Witness#2 Ge-OwN Pf,iN (o357Name: KEN 11,1 S: CAeLs73>J Its: V P STATE OF INDIANA COUNTY OF LAKE The foregoing instrument was acknowledged before me by means ofphysical presence or 0 online notarization this c)0 day of 1\0•J'e-mb-eY , 2024, by t h S. Lea 1.Sc.N\ , the V . k) • of WMB Corp., an Indiana corporation,the Manager of WPPI/HS Naples TF Investment, LLC, a Delaware limited liability company, the Operating Member of WPPI/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 V.*ho is personally known to me or❑who has produced as identification. 14-Z15t.0/\ \\i.1-k,lake Notary Public d ,- Print Name:SSNVOri �Q,-IV►S 1 — ,,� p Starer' Mu fa Notary Public.Stars of Indiana My Commission Expires: \O. lCb`aa - Cormilssion Number 872815 m .N 8'°:111 Sa,n 2031 ExpYas iBY 1� 13981587.1 ? ;::';c� ?a_, ^ - [24-OTH-00098/1901952/1] Page 4 of 4 r•