Backup Documents 01/27/2015 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP X1?)
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO212,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 At ne file no I
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jeff Klatzkow, County Attorney Office County Attorney Office
Office �����
4. BCC
O ce Board of County TQC
Commissioners ! 3j, Q ‘fN/s kl-24:3\XS
5. Minutes and Records Clerk of Court's Office I��( i �;¢sr""
I4S
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 information.
Name of Primary Staff Laurie Bear Phone Number 252-5782
Contact/ Department
Agenda Date Item was 1/23745
` \L-1\\C
\c Agenda Item Number 16a13
Approved by the BCC
Type of Document Agreement ,..1Q",-•M _ \ r\cks Number of Original 1
Attached Documents Attached
PO number or account
number if document is 313-163673-633011-601711
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? 5- xY.'\::,:=5‘‘.._.' Y' LB
2. Does the document need to be sent to another agency for additional signatures? If yes, -�a-1: 1-<- 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 LB
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 LB
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 LB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LB
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 01/23/15(enter date)and all changes LB ar 9
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable. ;far
9. Initials of attorney verifying that the attached document is the version approved by the LB
BCC,all changes directed by the BCC have been made, and the document is ready for the • �� :� =.px ��E
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 5080035 OR 5117 PG 1485
RECORDED 2/3/2015 12:19 PM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 6 A 1 3
COLLIER COUNTY FLORIDA
REC$61.00
REPLACEMENT DEVELOPER AGREEMENT
WARM SPRINGS
THIS AGREEMENT ("Agreement") is made and entered into this aday of
Q h U a,r' 2015, by and between Ar g o Warm Springs,
LLLP (hereinafter referred to as
"Develope whose address is 21141 Bella Terra Blvd., Estero, Florida 33928, successor in interest
to Naples Syndication, LLC, and The Board of County Commissioners of Collier County, Florida, as
the governing body of Collier County, hereinafter referred to as "County."
RECITALS:
WHEREAS, Developer represents to the County that it recently acquired from Naples
Syndications, LLC all interests in the Planned Unit Development ("PUD") known as Warm Springs
PUD (hereinafter referred to as the "Development"), which present PUD Document was approved
by the County by Ordinance No. 05-21; and
WHEREAS, Naples Syndications, LLC and the County entered into the Developer
Contribution Agreement Warm Springs recorded in OR Book 3730, Page 0333 et seq. in the official
records of Collier County Florida("Original DCA"); and
WHEREAS, due to changed circumstances, the parties wish to terminate the Original DCA
and replace it in its entirety with this Agreement pursuant to the terms and conditions set forth
below; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board
finds that the terms and conditions set forth below are in conformity with contemplated
improvements and additions to the County's transportation network, and are consistent with both the
public interest and with the County's comprehensive plan, and other regulations pertaining to
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. The Original DCA and any obligations of either party pertaining to this agreement
including,but not limited to, outstanding invoices are hereby terminated and extinguished.
3. Developer will design,permit and construct the extension of Woodcrest/Massey Road
consistent with the conceptual plans depicted in Composite Exhibit A ("Road Improvements"). The
construction of the Road Improvements shall commence at the time the onsite improvements are
commenced unless the permits to construct the Road Improvements are delayed by State and Federal
agencies. In that case, construction for the Road Improvements will begin once those permits are
Page 1 of 4
161113 3
received. In no case will the issuance of the permits for the Road Improvements delay the issuance
of permits for the onsite improvements. The on-site improvements and off-site improvements shall
be bonded together and reduced as they are accepted. The Road Improvements shall be completed
with 455 days of commencement of construction. The Developer shall not receive more than 200
Certificates of Occupancy for residential dwelling units prior to the completion of the Road
Improvements unless commencement of construction is delayed due to the inability to get the
permits for the Road improvements. Collier County will timely review all design plans for the Road
Improvements and join in any permit applications necessary to permit the Road Improvements.
County at its expense shall provide CEI services for the Road Improvements. The Developer shall
not be entitled to any impact fee credits for the design, permitting and construction of the Road
Improvements. Upon completion of the Road Improvements consistent with the approved design
plans and required warranty period, the County will accept the Road Improvements and the Road
Improvements will become a County road with the County having ongoing maintenance
responsibilities.
4. Developer will provide all stormwater management and stormwater permitting
modifications for the existing portion of Tree Farm Road as required for a minor collector cross
section from Collier Boulevard to approximately 2,465 feet east as shown on Exhibit B. Developer
shall also supply a slope easement as set forth in Exhibit C.
5. Developer represents to the County that it has acquired all rights of Naples
Syndications, LLC in the eminent domain matter known as Case No. 09-9432-CA. Developer
agrees to forego any compensation with respect to Parcels 104FEE1, 104FEE2, 104SE1, and
104SE2, and will cooperate with the County in withdrawing any and all claims, including expert and
attorneys fees, and dismissing this matter. The County shall not pay any expert or attorney's fees or
any other monies in case Case No. 09-9432-CA without the Developer's consent. Developer will be
solely responsible for the payment of any claimed expert and attorneys fees with respect to this
matter.
6. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the Developer, or their successors or assigns, of
the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements, conditions, terms or restrictions.
7. The parties agree to perform or cause to be performed any and all further acts as may be
reasonably necessary to complete the transactions contemplated herein, including, but not limited to,
the execution and/or recordation of further instruments.
8. Nothing in this Agreement is intended to create a partnership or joint venture between the
parties and none of the parties to this Agreement shall be construed under this Agreement as being
partners or joint venturers for any purpose. This Agreement is solely for the benefit of the parties to
this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of
any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or
shall be construed to confer upon or give any person or entity any right, remedy or claim under or by
reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and
their respective representatives, heirs, successors and assigns.
Page 2 of 4
l6A13
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 manner which best reflects the intent of this Agreement. This
Agreement shall not be construed or characterized as a development agreement under the Florida
Local Government Development Agreement Act.
10. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer
shall pay all costs of recording this Agreement. A copy of the recorded document will be provided
to Developer upon request.
11. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and there
remains a dispute under this Agreement, the parties shall first use engage in voluntary mediation,
with each party equally sharing in all costs. Following the conclusion of this procedure, either party
may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue
with respect to any disputes arising out of this Agreement.
12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, all successors in interest to the parties to this Agreement. This Agreement may only
be amended or cancelled by mutual written consent of the parties hereto or by their successors in
interest. With the exception of the PUD Document, as amended from time-to-time, this Agreement
contains the entire agreement among the parties hereto with respect to the subject matter set forth
herein, and supersedes any and all prior agreements, arrangements, or understandings, whether oral
or written and whether recorded or unrecorded, between the parties hereto or their predecessors in
interest, relating to the subject matter hereof, including, without limitation, the Original DCA, which
on execution of this Agreement is hereby terminated and of no further force or effect.
13. In the event of any inconsistency between this Agreement and the PUD Document, as
amended from time-to-time, the PUD Document will control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 3 of 4
1 6 A 1 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
Attest: ;';r(,/ BOARD OF COUNTY COMMISSIONERS
DWIGHT'E:'B1 C'IC, Clerk COLLIER COUNTY, FLORIDA
ti- it _ 0 By: / 4,a*Ge__.
'ttest'as,t C-ha an's Deputy Clerk TIM NANCE , Chairman
er v-i';
4
WITNESSES: ARGO WARM SPRINGS,.' LP .
I A Florida Limited . is• ity C. sora,..
•
Print Name: ,,,.,^ 'l By: WA
GORi':UCK, lager
* [1..- /t , oz_.6...
Print Name: Lore...;-4rwe L. Za..u,,S
STATE OF FLORIDA
COUNTY OF C 0,1 Ire r
The foregoing instrument was acknowledged before me this 4q,;2 day of Ste n u a Kt/ ,
2011by Gord Buck, as Manager of Argo Warm Springs, LLLP, who is [4ersonally kiIown to me,
or [ ] has produced driver's license no. as identification.
0`PI ANN iiiii/i�, �L"
(IL /. -
,.�`�� ��o tiss%1':0 r NOTARY/PUBLIC
(SEAL* : done/,,,+(e.�cp , Name: (--017.4. - I inne L• _Leo,S
z. (Type or Print)
'�; ffFF022 � *; My Commission Expires: 7tvk I, c20/7
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''/'`/ ,STATE 0 ,,,\ ��.
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Approved .ri�'1 '':nd legality:
411 ii
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Jeffrey A. ''l tzk , County Attorney
Page 4 of 4
31
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LIMITS OF STANDARD CLEARING&GRUBBING I �-�., "".s
IF NECESSARY- CLEAR&GRUB IN EASEMENTS ...:'
EXISTING S.E. "�`•
SECTION LINE
PROP. EXIST R/W L/NE� T EXISTING___.....1
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R,'W LINE I �- CONST. R/W LINE
R/W VARIES(42'MIN.) I RAY VARIES(28'MIN.)
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14' 10' 6' 12' 12' 6' 10' 15' "' N. .
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TYPICAL SECTION
WOODCREST DRIVE
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TRAFFIC DATA NEW CONSTRUCTION i z fiu! x °
DESIGN SPEED = 35 MPH OPTIONAL BASE GROUP 9 WITH
POSTED SPEED = 30 MPH TYPE SP STRUCTURAL COURSE (TRAFFIC B1(2/2")
AND FRICTION COURSE FC-9.5 U"1(RUBBER)
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CONSTRUCT BY COLLIER COUNTY I " - '" A
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PROJECT NO. 65061-B
PROJECT PARCEL NO. 104SE3
PARENT TRACT FOLIO NO. 00192960003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 15 FEET OF THE SOUTH 55 FEET OF THE WEST
650 FEET OF THE EAST ONE HALF (1/2) OF SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26, COLLIER COUNTY, FLORIDA.
SEC I TON
26
WEST SECTION LINE
OF SECTION 26
TWN 48S RGE 26E EAST SECTION LINE
OF SECTION 26 ►
TWN 48S RGE 26E
15 FEET X 650 FEET
EXISTING TREE FARM ROAD RIGHT-OF-WAY (40 FEET)
SOUTH SECTION LINE
OF SECTION 26
TWN 48S RGE 26E
SKETCH NOT TO SCALE
Collier County Growth Management Division-Transportation Engineering Department 08/04/14 11:30 AM