Backup Documents 12/09/2025 Item #11Dqwp
,C6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 D mod i
�'�` 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 41 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
i.c,.. -A a .......a — I"-!`.,•..,t., Attn v Clffire
exception of the Chairman's signature, araw a ime mrou n IOULII IV,
Route to Addressees (List in routing order)
IIIUN "t un V •• n�, ��••• •�•� ••�-••--•-•• -. — _
Office
___ .. __ _ __
Initials
Date
1.
2.
3. Jeff Klatzkow, County Attorney
County Attorney Office
4. BCC Office
Board of County
Commissioners
/(
5. Minutes and Records
Clerk of Court's Office
01
YKiMAKY UOIN I AU 11lvr VMIvlA I JAJ11 -
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
aaaressees wove may necu to
Name of Primary Staff
canrael SLdil IM allUlI V1141 V• uuaa••• w•V=••• `•
Lorraine Lantz
Phone Number
252-5779
Contact / Department
Agenda Date Item was
12/9/25
Agenda Item Number
1 I (previously 16b9)
Approved by the BCC
Type of Document
Agreement
Number of Original
1
Attached
Documents Attached
PO number or account
number if document is
313-163673-633011-601711
to be recorded
TNCTRTTf T1nNQ R. ('HVCK1,V;T
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?
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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/initiated for legal sufficiency. (All documents to be
LL
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
LL
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
LL
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
LL
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 12/09/25(enter date) and all changes
LL
made during the meeting have been incorporated in the attached document. The
County Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
LL
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
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 6762734 OR 6535 PG 246
RECORDED 12/11/2025 4:20 PM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC $78.00
1 `1 D 4 A
DEVELOPER AGREEMENT
Greenway Fritchey
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this _94'- of c hcr, 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 is 7742 Alico Rd, Fort Myers, FL 33912 for
the former and 11145 Tamiami Trail East, Naples, FL 34113 for the latter, on the one hand, and
Collier County, a political subdivision of the State of Florida (hereinafter referred to as the
"County"), 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;
and
WHEREAS, as part 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:
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. 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 +/- feet. Improvements 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 1,000th 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. 41 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 #
CCAO
IID
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 1,0001h 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 payment to
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 500t' 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 Government 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.
11. 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,
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
ICAO
1 1 D
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
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:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112-5746
To Developer:
Greenway Fritchey Land, LLC
7742 Alico Rd
Fort Myers, FL 33912
Habitat for Humanity of Collier
County, INC.
11145 Tamiami Trail E
Naples, FL 34113
13. This Agreement (which include the references set forth in the Recitals) constitutes
the entire agreement between the parties 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 partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
CAO
1 1 D
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: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIE OUNTY, FLORIDA
j
?✓ . DTtvitk &tter,
hairmaril}
:., Attest as o s
Burt L. Saunders, Chairman
1` signature only.
(Print full'bame)
(Signature)
b6)k
(Print full name)
ST'A'I"E OF FLORIDA
COUNTY OF COLLIER
GREENWAY FRITCHEY LAND LLC
Printed e: a ✓
Title:
The foregoing instrument was apknowlcdged before me this day of TCqft
2025, by1)Pj i , as of Greenway Fritchey Land LLC.
They are ( Vj personally known to me, or 1-,,) h,4k produced driver's license
number
as identification.
Notary Public State of Florida
Maritza Agular
My Commission
tit HH 2O7493
Exp.1211412025
NamA, I I••fil�t�AU(C,�i1'
My Commission Expires: J2.1'� 2rj
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AS TO DEVELOPER:
WITNESS: � lodia �"D
(Pr;nt full
(SiVature) I
(Pri0i full name)
STATE OF FLORIDA
COUNTY OF COLLIER
HABITAT FOR HUMANITY OF
COLLIER COUNTY INC.
By:
Pri ame: z1zG
Title: P of REnL Esrrt �F + Ga.+sreuuu
The foregoing instrument was acknowledged before me this _day of N!?*mW
2025, bvbajri05,AJptLCh , as Wa LLtnGI v C udgnof Habitat for Humanity of Collier
County Inc. They are 14 personally known to me, or [ ] has produced driver's license
number as identification.
A"L&M 44-eA-�"�
for Jeffrey
and legality:
. .o�C unty Attorney aD
NOTA$Y,PU B L I
Name: I (UOevi
My Commission Expires: L5 02029
2ot� PUe�% TRACEY DE LA ROSA
Commission # HH 479222
�9rFOF F��PO Expires May 8, 2028
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