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Backup Documents 07/08/2025 Item #16F 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office Jiq,>lL 7/1 4. BCC Office Board of County Commissioners (3 S 1, . / 7/ ' 5. Minutes and Records Clerk of Court's Office /h/95 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 informa n. Name of Primary Staff Gino Santabarbara Phone Number 252-2925 Contact/ Department Agenda Date Item was 7/8/2025 Agenda Item Number 16.F.8 Approved by the BCC Type of Document School Impact Fee Alternative Study Number of Original 2 Attached Agreement: Teale Project - Documents Attached PO number or account number if document is 1015-138920-649030 to be recorded 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? GS 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 GS 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 N/A 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 GS 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 GS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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 07-07-2025 and all changes made during /A is not the meeting have been incorporated in the attached document. The County .5, 44 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 I N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 3 M an option for Chairman's signature. 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 INSTR 6704512 OR 6487 PG 1908 8 RECORDED 7i10/2025 3:45 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35 50 Developer Agreement THIS DEVELOPER AG EMENT (hereinafter referred to as the "Agreement") is made and entered into this gtk of w, , 2025, by and among the Teale Golden Gate, LLC, a Florida limited liability company (hereinafter referred to as the "Landowner") and Collier County,Florida, a political subdivision of the State of Florida(hereinafter referred to as "County"). RECITALS: WHEREAS, the DEVELOPER is undertaking a redevelopment project known as "The Teale Project," involving the conversion of the former Quality Inn into a 215-unit multi-family apartment building located in Collier County, Florida(the "Project"); and WHEREAS, the proposed development is part of a Mixed Use Planned Unit Development (MPUD) and will convert Golden Gate Inn into 215 studio apartments, ranging in size from 307 square feet to 456 square feet; and WHEREAS, pursuant to the Collier County Impact Fee Ordinance, the DEVELOPER is required to pay school impact fees calculated using a Student Generation Rate ("SGR"); and WHEREAS, the DEVELOPER has submitted an alternative SGR study consistent with applicable COUNTY ordinances and procedures; and WHEREAS, the COUNTY has reviewed the alternative study with the County Manager's Office, Impact Fee Team, outside consultants, and legal counsel; and WHEREAS, based on such review and comparisons to similar conversion projects, including those in Osceola County, Florida, the COUNTY supports adoption of a blended SGR of 0.016 for purposes of calculating school impact fees for the Project; and WHEREAS, approval of an alternative SGR and corresponding impact fee calculation is subject to the final approval of the Collier County Board of County Commissioners. 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. The parties have agreed to the adoption of a blended Student Generation Rate (SGR) of 0.016. This results in a reduction of the school impact fee from $2,844.19 per unit to $413 per unit. 1 16F8 3. Once the project has reached 92% stabilization, the developer, the then owner of the Project, if different, must notify the County in writing to initiate the one-year monitoring period, allowing the project to fully stabilize and reach operational maturity. At the conclusion of that one- year monitoring period, the actual SGR (the "Actual SGR") will be determined and compared to the agreed-upon blended rate of 0.016. Upon determination of the Actual SGR, the County shall notify the developer, or the then owner of the Project, if different, of that amount. A. In the event that the Actual SGR is lower than the agreed-upon blended rate of 0.016, then the County shall reimburse the developer, or the then owner of the Project, if different, the difference between the school impact fee paid and the amount of the school impact fee utilizing the lower Actual SGR. Such amount shall be paid by the County to the developer, or the then owner of the Project, if different, within sixty (60) days of the notice. B. In the event that the Actual SGR is greater than the agreed-upon blended rate of 0.016, then the developer, or the then owner of the Project, if different, shall reimburse to the County the difference between the school impact fee paid and the amount of the school impact fee owed utilizing the higher Actual SGR with the impact fee due not to exceed the cuiTent fee of$2,844.1 9 per unit. Such amount shall be paid by the developer, or the then owner of the Project, if different, to the County within sixty (60) days of the notice. At the end of the sixty(60)day period, if the amount is unpaid, the County may record lien on the Project for the amount owed. Upon recording of the lien on the Project, it shall accumulate interest at the then rate of interest accumulated on Final Judgments in the State of Florida. 4. If the final SGR exceeds the blended rate, the developer will be responsible for paying the County the difference in school impact fees. If the final SGR falls below the blended rate, the County will issue the developer a refund equal to the difference. Legal Matters 5. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns' successors in interest to the parties to this Agreement. The term "Landowner" shall include all of Landowner's assigns and successors in interest. 6. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 7. Landowner 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 Effective Date. Landowner shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Landowners upon request. 8. In the event of any dispute under this Agreement,the parties shall attempt to resolve such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, 2 16F8 if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 9. 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 (including County's option) 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 Developer: Collier County Manager's Office 1276 Assembly St. 3299 Tamiami Trail East, Suite 202 Columbia, SC 29201 Naples, FL 34112-5746 Attn. Ryan Hyler with a copy to: Shawn Willis Nelson Mullins Riley Scarbourough 151 Meeting Street, Suite 600 Charleston SC 29201 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW • 16F8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST. �'',........ 0_ BOARD OF COUNTY COMMISSIONERS CRYSTAL K:KINZ''L;;Clerk COLLIER COUNTY, FLORIDA By: &,,��1- By: Afpf.,4%4446001-- ....— ,t . •Dgputy Clerk Burt Saun , Attest'at CChaivhan's signature only AS TO LANDOWNER: The Teale Golden Gate LLC, a Florida limited liability company Signed, sealed and delivered By: acirl&6 g-'j i 1-11IGr in the presence of: Name: Charles Ryan Hyler tQ. n m Title: Authorized Manager c �� ccu , Signature [x,c Evelyn Marlene Quiam Printed Name . ,J,ka2cs 613AkcPvr:;cs`1,iEVFS Signature ALVARO EDMUNDO NIEVES Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 17th day of June 2025, by Charles Ryan Hyler , as Authorized Manager of The Teale Golden Gate, LLC, a Florida limited liability company, who is personally known to me or has produced DRIVER LICENSE as identification. !A Amber Riggs Notary Public i My Commission Expires: 12/15/2026 r `����RY pVQ AMBER RIGGS Approv ;a: i /I and legality: ` o Notary Public-State of Florida a/ or:4 Digit 9 �t� C�\ Commission#HH 341798 Fi4�,F A , 4 Expires on December 15,2026 Jeffrey A. 4 l•tzk• , ounty Attorney '�.,,,, FiifFl 0��` Notarized remotely online using communication technologyrvia Proof. 4