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Agenda 12/09/2025 Item #16B 9 (Execute the attached Developer Agreement with Greenway Fritchey Land, LLC, and Habitat for Humanity of Collier County, Inc., (Developer)12/9/2025 Item # 16.B.9 ID# 2025-4636 Executive Summary Recommendation to approve and execute the attached Developer Agreement with Greenway Fritchey Land, LLC, and Habitat for Humanity of Collier County, Inc., (Developer); to coordinate the Developer’s project with improvements to both Greenway Road and Fritchey Road. (This item is a companion to Items 17E, 17F, and 17G) OBJECTIVE: To approve and execute the attached Developer Agreement (Agreement) to coordinate the Developer’s project with improvements to both Greenway Road and Fritchey Road. CONSIDERATIONS: The Developer and the County are entering into this Agreement to ensure that roadways and transit infrastructure are completed in a timely manner and coordinated to align with development milestones and community transportation needs. The Developer agrees to improve approximately 4,025 feet of Fritchey Road east of Greenway Road, consistent with all approved construction standards. The Developer also agrees to design, permit, and construct operational improvements at the intersection of U.S. 41 and Greenway Road prior to the issuance of 1,000 Certificates of Occupancy (CO) for the Planned Unit Development (PUD). It is anticipated that additional right-of- way/easement may be necessary from GS Greenway development (folio #00763360003) to complete the intersection improvements, and Developer agrees to coordinate and obtain said right-of-way easement at its sole cost and expense. No additional COs may be issued after the 1,000th CO if the intersection improvements are not completed. Following the completion of the intersection improvements, the Developer will provide a proportionate share calculation for the PUDs that benefit from the improvements. It is the Developer’s obligation to obtain reimbursement from the other identified PUDs for their proportionate share of the costs to design, permit, and construct the intersection improvements, provided it is a requirement of their respective PUD ordinance. The County is not responsible for collecting each PUD’s proportionate share of the intersection improvements. Prior to the issuance of the 500th CO, the Developer, at its sole cost and expense, must design, permit, and construct a Collier Area Transit bus shelter on the east side of Greenway Road, north of Fritchey Road This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: All costs associated with the Developer Agreement, including recording, shall be borne by Greenway Fritchey Land, LLC and Habitat for Humanity of Collier County, Inc. (Developer). GROWTH MANAGEMENT IMPACT: This item meets the Collier County Growth Management Plan (GMP) standards to ensure the adequacy and availability of viable public facilities. In addition, it is consistent with Objective 7 of the Transportation Element of the GMP by providing for safe and convenient access between adjoining properties and encouraging safe and convenient traffic circulation within and between future developments. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote of the Board for approval. – CLD RECOMMENDATION(S): To approve the attached Developer Agreement and authorize the Chairman to execute the Amendment on behalf of the Board. PREPARED BY: Lorraine Lantz, Transportation Planning Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENTS: 1. Greenway Fritchey Agreement 2. Location Map Page 3590 of 9661 and DEVELOPER AGREEMENT Greenway Fritchey THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of 2025, by and among GREENWAY FRITCHEY LAND, LLC and HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (hereinafter jointly referred to as the "Developer"), whose address is7742 Alico Rd, Fort Myers, FL 33912 for the former and I I145 Tamiami Trail East, Naples, FL 341l3 for the latter, on the one hand, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "Coun$"), on the other. RECITALS: WHEREAS, Developer has submitted a petition to establish a Planned Unit Development (PUD) for parcels consisting of approximately 213.74 acres located at the northwest corner of Greenway Road and Fritchey Road in Collier County, to be known as Greenway Fritchey; and WHEREAS, Developer intends to form a Community Development District for the project; WHEREAS, as paft of this development order, the parties wish to enter into this Developer Agreement, which among other things concerns transportation issues arising from this development. 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: l. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Agreement shall become effective upon the execution of this Agreement. 3. Prior to the issuance of the first certificate of occupancy for Tract R-2 as depicted in the attached Exhibit A, Developer at its sole cost and expense, shall improve Fritchey Road from Greenway Road, east, for a total length estimated at 4,025 +l- feet.lmprovements to Fritchey Road shall comply with the cross-section shown in Exhibit B and all appropriate Florida Greenbook standards in place at the time of construction. 4. If the number of approved units authorized by the PUD exceeds 1,000, then prior to the issuance of l,000th Certificate of Occupancy (CO) for the PUD, the Developer at its sole cost and expense, must design, permit and construct operational improvements at the intersection of U.S.4l and Greenway Road as conceptually illustrated in Exhibit C. It is anticipated that additional right-of-way/easement is necessary from GS Greenway development (folio # eto Page 3591 of 9661 00763360003) in order to complete the intersection improvements. Developer shall coordinate with the owner of Folio # 00763360003 to obtain such right-of-way/easements at its sole cost and expense. If the intersection improvements are not completed or are not completed in accordance with Exhibit B, no CO's may be issued after the l,000th CO. 5. Upon final completion of the intersection improvements identified in #4 above, the Developer shall provide the County with a proportionate share calculation based on other PUD's benefiting from the improvements. It is Developer's obligation to obtain reimbursement from the other identified PUD's for their proportionate share of the costs to design, permit and construct the intersection improvements, provided it is a requirement of their respective PUD ordinance. In the event it is a requirement of another PUD's ordinance and funds are paid to Collier County for such proportionate share of the intersection improvements, the County shall forward such paymentto Developer. In no event will Collier County be responsible for collecting such respective shares. The County cannot guarantee proportionate share payments by other PUDs. Failure or inability to obtain such payments shall not relieve the Developer of its obligation to fully fund and complete the intersection improvements as required under this Agreement, nor shall such failure be deemed a breach by the County or impose any liability on the County. 6. Prior to the issuance of the 500th Certificate of Occupancy (CO) for the PUD, Developer, at its sole cost and expense, must design, permit and construct a Collier Area Transit bus shelter on the east side of Greenway Road, north of Fritchey Road as shown in Exhibit D. Legal Matters 7. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Govemment Development Agreement Act. 8. 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 "Developer" shall include all of Developer's assigns and successors in interest, including homeowner associations and commercial tenants. 9. 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. 10. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. The Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. I l. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means ofthe County's then-current Alternative Dispute Resolution Procedure, 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 2 cAo Page 3592 of 9661 remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 12. Except as otherwise provided herein, this Agreement shall only be amended by mutualwritten 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: Iqlsg-ug:&&s&s: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 Greenway Fritchey Land, LLC 7742 ,\lico Rd Fort Myers, FL 33912 Habitat for Humanity of Collier County, INC. l l l45 TamiamiTrail E Naples, FL 341 l3 13. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the panies with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 14. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or paftnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 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REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY BOWMAN CONSULTING SHALL BE WITHOUT LIABILITY TO BOWMAN CONSULTING.Q:\FL-NAPL-RA\P\025-00-009 Greenway Fritchey PPL\04_Construction Plans\DW\Construction\PPL\Location Map.dwgNovember 4, 2025JOB No.DATEBowman Consulting Group, Ltd.www.bowmanconsulting.com© Bowman Consulting Group, Ltd.950 Encore WayNaples, FL 34110Phone (239) 254-2000P-01LOCATION MAPFLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 30462Page 3600 of 9661