Backup Documents 02/23/2016 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE °2I
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 wi e ■
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. County Attorney Office County Attorney Office `Z� > 2AZ-A
4. BCC Office Board of County
Commissioners A-`v,
5. Minutes and Records Clerk of Court's Office ItA-v a t.e 3 40
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 StaffPhone Number
Contact/ Department `p.Pu\ok \_ 'CYC tm\.) a 5 a a l a
Agenda Date Item was .\ Agenda Item Number s J
Approved by the BCC )\a'Sl 1 b , i1--T \l , \
Type of Document Number of Original
Attached VCEE.-erg f�v( 5 Documents Attached
PO number or account
number if document is1 , � � �
to be recorded Cz)LI.Ck 0
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? '(VAA
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 'N-\\P
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
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
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
document or the final negotiated contract date whichever is applicable. Q - .
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 Q c.
time frame or the BCC's actions are nullified. aware of your deadlines!
8. The document was approved by the BCC on)-14‘.(enter date)and all changes made
during the meeting have been incorporated in the attached document. The County . 3f514rde
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved b the o
BCC,all changes directed by the BCC have been made,and the document is read for thN !!*:01'1,
Chairman's signature.
� N\e
I:Forms/County Forms/BCC Forms/Originai Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
FIRST AMENDMENT 1 6
A7
DEVELOPER CONTRIBUTION AGREEMENT
AVE MARIA
THIS FIRST AMENDMENT to the AVE MARIA DEVELOPER CONTRIBUTION
AGREEMENT ("Agreement") is made and entered into this`a.32d` day offZ�xt , 2016, by
and between AVE MARIA DEVELOPMENT, LLLP, a limited liability Limited
Partnership, formerly known as New Town Development, LLLP, hereinafter referred to as
("Developer") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY, FLORIDA, hereinafter referred to as
("County"). All capitalized terms not defined herein shall have the same meaning as set forth in
the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended.
RECITALS:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created
and established on April 23, 2004, by Act passed by the House of Representatives House Bill
1625, effective June 17, 2004; and
WHEREAS, the Town of Ave Maria was created by the County and is located just north
of Oil Well Road and adjacent to Camp Keais, which proposed Town at build-out will include
11,000 residential units which will house an estimated 24,200 residents, 690,000 gross square
feet of retail/service, 600,000 square feet of light industrial/warehousing, 510,000 square feet of
office, 400 hotel rooms, 6,000- student university, 450 units of assisted living facilities, 148,500
square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical
facilities, a public K-8 school and a K-12 private school; and
WHEREAS, the Town of Ave Maria was the first implementation of the Rural Lands
Stewardship Area(RLSA) program, a program which implements the provisions of Chapter 163-
3177(110) Florida Statutes (2004); the RLSA program being an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County; and
WHEREAS, the Town of Ave Maria DRI was originally approved as a Development of
Regional Impact(DRI) by Resolution No. 05-235, Development Order No. 05-01; and
WHEREAS, the Florida Legislature in 2012 adopted Section 163-3248(11) Florida
Statutes specifically recognizing Collier County Rural Land Stewardship program as a Statutory
Rural Land Stewardship area which pursuant to Section 380.06(24)(m), Florida Statutes is
exempt from DRI review; and
WHEREAS, pursuant to Section 380.115, Florida Statutes the Ave Maria DRI has been
rescinded; and
WHEREAS, the Town of Ave Maria SRA was originally approved by Resolutions 2004-
89 and 2005-234A; and
INSTR 5232978 OR 5245 PG 2656
1 RECORDED 2/26/2016 12:30 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $52.50 INDX$1.00
WHEREAS, the planned development of the Town of Ave Maria has been revised to add
® /
600,000 square feet of light industrial/warehousing to the previously approved development; and
WHEREAS, for this development to proceed, substantial road improvements are
required, including the urban four laning of Oil Well Road, with provision for future six laning,
between Immokalee Road and Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban
area of Immokalee, Developer entered into a Developer Contribution Agreement Ave Maria
which was recorded in Official Records Book 3802, Pages 2557-2564 of the Official Records
Book of Collier County, Florida ("DCA") and agreed to: (1) donate certain right-of-way and
other consideration; (2) fund the cost of designing and permitting the section of Oil Well Road
from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) provide
fill to the County at its cost, all of which will be of significant benefit to the County's
transportation network; and
WHEREAS, Developer fulfilled all of its obligations under the DCA; and
WHEREAS, in addition, the donation of right-of-way and impact fee credits resulting
from the advancement of design and construction of an Oil Well Road segment, the Developer
will be paying in excess of$60 million dollars in road impact fees to pay for the construction of
the additional capacity being provided by the widening of Oil Well Road and other roadways
within the area; and
WHEREAS, the "RLSA" program has significant public benefits for Collier County and
the Immokalee area; and
WHEREAS, the parties wish to amend the DCA as set forth below, as well as to
recognize the rescission of the Ave Maria DRI and the revisions to the Ave Maria SRA.
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 above and herein, the parties agree as follows:
1. All of the above recitals are true and correct and are hereby fully incorporated and
form part of the basis for this Agreement.
2. Paragraph 8 of the DCA is amended to reflect that the actual cost incurred by
Developer to accelerate the Project was $7,411,856.10 dollars, which amount shall be eligible for
transportation impact fees as set forth below.
3. Paragraph 9 of the DCA is deleted in its entirety and replaced by the following:
The County has received final Design Plans and all necessary permits to construct
the Project. County shall at its expense take all steps necessary to assure the permits remain
2
1 6 A 7
active. In the event the permits expire, the County at its expense shall obtain all permits
necessary to construct the Project. Phasing of the Project is provided below. The County has
constructed the First and Second Phases. The County agrees to bid and award a contract to
construct the Third Phase of the Project when the balance of the Oil Well Road Cost Center
within Fund 339 (Road District 5), which was established to segregate impact fees collected
within the area described below as shown on Exhibit A, reaches $20 million. Upon completion
of the Third Phase of the Project, the funds shall no longer be segregated and will be available
for appropriation to other capital projects. The balance of the Oil Well Road Cost Center shall be
available for re-appropriation if the Project is otherwise constructed.
(a) First Phase—Immokalee Road to Everglades Blvd., more or less
(b) Second Phase — Ave Maria Boulevard to Oil Well Grade Road, more or
less
(c) Third Phase—completion of the Project
Developer may utilize impact fee credits for 50% of road impact fees due until all
credits are utilized. The County commits to construct the Third Phase of the project as set forth
below:
(a) Any road impact fees paid within the Ave Maria SRA and within a one (1)
Mile radius of the Ave Maria SRA Boundary, excluding any areas located
within the Big Cypress Stewardship District, shall be reserved by the
County exclusively for completion of Project.
(b) The County shall utilize its best efforts to secure the
"Grants/Reimbursements" funding itemized on the 5 year Work Program,
as well as such additional grant funding as may become available during
the relevant period, and shall take such steps to ensure that each project or
program described in the 5 Year Work Program is staged to satisfy the
conditions or contingencies associated with such funding, including; 1.
Securing such permits and approvals necessary to render each project or
program "shovel ready" as funding becomes available; and 2.
Accelerating the work schedule for projects or programs where
acceleration is necessary to qualify for funding. The County shall further
pursue funding for the Project with the same level of priority and diligence
as is exercised with regard to the other projects and programs listed in the
5 Year Work Program;
4. Paragraph 12 of the DCA is hereby modified to expand the area in which the
Road Impact Fee Credits may be utilized, such that upon giving written notice to the County,
Developer may transfer or assign all or a portion of the Road Impact Fee Credits to any
properties within Road Impact Fee District 5 or adjacent Road Impact Fee Districts using the
County's then current form of assignment and the Impact Fee Ledger shall be reduced by the
amount assigned to other properties.
5. Except as expressly set forth herein, all other terms and conditions of the DCA, a
copy of which is attached, remain in full force and effect.
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
cli7;3).)1/4'"•)\i'k q By: f7'r'�`'�
Attest as to Chairman's - ,Clayman
DONNA FIALA, CHAIRMAN
Attest: AVE MARIA DEVELOPMENT, LLLP, a
Florida limited liability limited partnership
WITNESSES: By: BARRON COLLIER COPORATION, a
Florida corpor- on, its General Partner
By:
Print Name:(; /1(] 13 (.zEt46c 4 Print Name: D•uglas74. =-d
Title: Vic- 'resident
QUji–
Print Name '.•,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (944' day of arDeEn.,
2015, by Douglas E. Baird, as Vice President of Barron Collier Corporation, General Partner of
Ave Maria Development, LLLP. He is [/f personally known to me, or [ ] has produced driver's
license number as identification.
k• :•"i DIANE L VIGNERI
;.: •.. MY COMMISSION#EE200820 NOTARY PUBLIC
••-'I�ge EXPIRES:July 13,2016 D/ E- / , t//o AJEQ
-�;P��Q•' Bonded Thru Notary Publk Underwriters Name: L• 1/
/
My Commission Expires: JULY 13) b.20)6
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Attest: AVE MARIA DEVELOPMENT, LLLP, a
Florida limited liability limited partnership
WITNESSES: By: NUA BAILS, LLC, a Florida limited liability
company, i General P. s-
Aaatik -Q- By: , , ► •
Print Name: Lau jet ' 1 rc�Ze, Print Name: e� ��0
Title: Pres Cl . aliellif.
.:L/6
Print Nam �•.eo72_ I'acces€ 11--
STATE OF m tc l f,
COUNTY OFtt
The foregoing instrument was acknowledged before me this ''IA day ofO4 r.
2015,by&id,fsnov , as Presld..ri1 of Nua Baile, LLC, General Partner
of Ave Maria Development, LLLP. He is personally known to me, or [ ] has produced
driver's license number as identification.
/ - 1 / / /
"Iii ARY PUBLIC
Name: 1 W./e A f/ L U^IE A.RAMSDELL
NOTARY PUBLIC-STATE OF MICHIGAN
My Commission Expires: COUNTY OF WASHTENAW 1
My Orission Expires Jan.14 1 ._
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Acting in the County d Lits 'I 7d-i-
Approved i •i. and legality:
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Jeffrey A. 4 . % 1,� ounty Attorney
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1647
FIRST AMENDMENT
INTERLOCAL AGREEMENT
RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES
THIS FIRST AMENDMENT to the INTERLOCAL AGREEMENT ("Agreement") is
made and entered into thisA-1)" day of t wA2 , 2016, by and between THE BOARD OF
SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT,
hereinafter referred to as "District," an independent special district created by and established by
and in Chapter 2004-461, Laws of Florida (2004), and THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY, hereinafter referred to as "County". All capitalized terms not defined
herein shall have the same meaning as set forth in the Collier County Land Development Code as
of the date hereof and Chapter 2004-41, Laws of Florida(2004).
RECITALS:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created
and established on April 23, 2004, by Act passed by the Florida Legislature, Chapter 2004-461,
Laws of Florida(2004); and
WHEREAS, the Town of Ave Maria was created by the County and is located just north
of Oil Well Road and adjacent to Camp Keais, which proposed Town at build-out will include
11,000 residential units which will house an estimated 24,200 residents, 690,000 gross square
feet of retail/service, 510,000 square feet of office, 600,000 square effect of light
industrial/warehousing 400 hotel rooms, 6,000- student university, 450 units of assisted living
facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square
feet of medical facilities, a public K-8 school and a K-12 private school; and
WHEREAS, the Town of Ave Maria DRI was originally approved as a Development of
Regional Impact("DRI") by Resolution No. 05-235, Development Order No. 05-01; and
WHEREAS, the Florida Legislature in 2012 adopted Section 163-3248(11) Florida
Statutes specifically recognizing Collier County Rural Land Stewardship program as a Statutory
Rural Land Stewardship area which pursuant to Section 380.06(24)(m), Florida Statutes is
exempt from DRI review; and
WHEREAS, pursuant to Section 380.115, Florida Statues the Ave Maria DRI has been
rescinded; and
WHEREAS, the Town of Ave Maria SRA was originally approved by Resolutions 2004-
89 and 2005-234A; and
WHEREAS, the planned development of the Town of Ave Maria has been revised to add
600,000 square feet of light industrial/warehousing; and
INSTR 5232979 OR 5245 PG 2662
1 RECORDED 2/26/2016 12:30 PM PAGES 13
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $112.00
1 6 A 7
WHEREAS, the State of Florida has experienced one the worst recessions in history
since the Interlocal Agreement was originally entered into and the estimated build-out of the
Town of Ave Maria is no longer feasible; and
WHEREAS, for this development to be built out, substantial road improvements are
required, including four lane improvements to Oil Well Road between Immokalee Road and
Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the
County has entered into a Developer Contribution Agreement ("DCA") with Ave Maria
Development, LLLP (the "Developer"), wherein the Developer agreed to: (1) donate an
estimated $7,800,000 in certain right-of-way and provide for storm water management adjacent
to said right-of-w4y donation and other substantial consideration; and (2) design and permit the
four laning of a section of Oil Well Road from Immokalee Road to Camp Keais Road for impact
fee credits; all of which will be of significant benefit to the County's Transportation network,
which DCA is being amended concurrently with this Amendment; and
WHEREAS, the parties entered into an Interlocal Agreement dated April 26, 2005,
recorded at OR: 3802, PG: 2548 et seq., a copy of which is attached; and
WHEREAS, the parties wish to amend the Interlocal Agreement as set forth below, as
well as to recognize the rescission of the Ave Maria DRI and the revisions to the Ave Maria
SRA.
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 fully incorporated and
form part of the basis for this Agreement.
2. The first sentence of Paragraph 4 of the Interlocal Agreement (The proposed plan
of development for the Town of Ave Maria at build-out is attached as Exhibit"A") is unchanged.
The remainder of Paragraph 4, and all of Paragraph 5, is deleted in their entirety.
3. Paragraph 6 of the Interlocal Agreement is amended as follows:
the proposed DRI Development Order, County will reserve to the District sufficient capacity on
Collier County's road public facilities to complete the build-out of the Town of Ave Maria. It is
understood that the Town of Ave Maria will be built in phases. As each final local development
2
1 6 A 7
order is issued for each phase, a certificate of public facility adequacy will be issued, and
transportation impact fees paid, in the manner then set forth in the Collier County Land
Development Code, and the reservation of such capacity to the District of road public facilities
will be reduced by a like amount. Each time a final local development order is sought for a
project within the District; County may request that the District provide the County with written
assurance that such final local development order sought conforms to Final Development Order
the Resolutions approving the Town of Ave Maria.
4. Paragraphs 7, 8 and 19 of the Interlocal Agreement are deleted in their entirety.
5. Except as expressly set forth herein, all other terms and conditions of the
Interlocal Agreement remain in full force and effect.
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Attest as,*.human's
sictnatureonly
3
16A7
Attest: AVE MARIA STEWARDSHIP COMMUNITY
DISTRICT/
INAVAAAV ,A '-'(- /
By: Mir r 4 z 4 P
Assistant District Secretary Print Name: (_,JEeaA (12-1 DD .4
\ACE Chairman of the Board of Supervisors
Appriveis • form and legal sufficiency: Approved as to form and legal sufficiency:
IAft, fIiiiim,
1
Jeffrey A., latzkow DistrictWunsel
County,A ,orney
STATE OF FLORI I A
COUNTY OF LEON
Acknow`4 g • an•! a Z.603ed before me this �
Day of ( ::' , '1r i Jo '/4.0..'f.Jot,llo/\
Alill 4 .1I
Not. l ' nlic1w�f�
. '''.. KAREN F.JUSEVITCH
.R a!1 .= Commission#FF 145302
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�,�,,,.a� Expires November 25,2018
f„A`,t;4�'��, Bonded Thru Troy FV Insurance 88a388•TOtB
4
1 6 A 7
Retn:
3621785 OR: 3802 PG: 25484
CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 18.00
INTEROFFICE 4TH FLOOR 05/19/2005 at 09:53AN DWIGHT B. BROCK, CLERK COPIES 9.00
EIT 8406
INTERLOCAL AGREEMENT
RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this L(o
day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE AVE MARIA
STEWARDSHIP COMMUNITY DISTRICT, hereinafter referred to as "District," an
independent special district created by and established by and in Chapter 2004-461, Laws of
Florida(2004), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as
"County." All capitalized terms not defined herein shall have the same meaning as set forth in
the Collier County Land Development Code as of the date hereof and Chapter 2004-461, Laws
of Florida (2004).
RECITALS:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created
and established on April 23, 2004, by Act passed b the Florida Legislature, Chapter 2004-461,
Laws of Florida(2004); and
WHEREAS, within the ►. !:''es of the District, : :. • Collier Partnership, I J.I.P has
made available approximately: 15 . r- • -..e Ave Maria U 've •'ty, Inc., for the institution and
operation of a private uni 'ers' y • •- Av• k4aria ni ersity with a full slate of
undergraduate, graduate, an•`pre -;.,ii •� .:,, i.•. :, 1.• cultural, recreational, and other
activities, benefits and pro gr. i fo p • di+ .. , .ear h, and public services to
southwest Florida,the State • , • '' t •- E..,
WHEREAS, as set , * in the February ' ' k,��,,►' endations of the Southwest
Florida Regional Planning Co , •-velopment of R-y * + t f act Assessment for the "Town
of Ave Maria,"DRI#07-0304-17v 9 •roposed DRI D= - • p. ent Order, there is to be created
the 4,995 acre Town of Ave Mari:, 4 lea 4•' : - , 1, :.� of Oil Well Road and adjacent to
Camp Keais, which proposed Town at • .. . t� It - ude 11,000 residential units which will
house an estimated 24,200 residents, 690,000 gross square feet of retail/service, 510,000 square
feet of office, 400 hotel rooms, 6,000-student university, 450 units of assisted living facilities,
148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of
medical facilities, a public K-8 school and a K-12 private school, with a proposed buildout to be
completed in two 5-year phases with construction anticipated to commence in 2006, and
continue through 2016; and
WHEREAS, for this development to be built out, substantial road improvements are
required, including four lane improvements to Oil Well Road between Immokalee Road and
Camp Keais Road(the"Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the
County has entered into a Developer Agreement with Ave Maria Development, I J.I P (the
"Developer"), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in
OR: 3802 PG: 2549
p rr,,;
certain right-of-way and provide for storm water management adjacent to said right of way
donation and other substantial consideration; and (2) to design and permit the four taxiing of a
section of Oil Well Road from Immokalee Road to Camp Keais Road for impact fee credits; all
of which will be of significant benefit to the County's Transportation network;and
WHEREAS, in addition, the donation of right-of-way and impact fee credits resulting i
from the advancement of design and construction of an Oil Well Road segment, the developer
will be paying in excess of$60 million dollars in road impact fees to pay for the construction of
the additional capacity being provided by the widening of Oil Well Road and other roadways
within the area; and
WHEREAS, the Developer and County would not be accelerating the widening of Oil
Well Road, and Developer would not be providing the County with substantial free right-of-way
and other valuable considerations, but for the fact that Developer is building a new University
and University Town in eastern Collier County, which University will greatly enhance the
economic and cultural life of the citizens of Collier County; and
WHEREAS, the Town of Ave • IOC 0 3 + t implementation of the Rural Lands
Stewardship Area(RLSA) pro . , %4A. . . w .4 , -nts the provisions of Chapter 163-
3177(11)(d) Florida Statutes (21,i� RLSA program b-'• . innovative and incentive based
program for planning, protec,on . .. : resources, an. de lopment in the rural area of
Collier County; and
WHEREAS, the "' SA .p .gr.i s :lid 7 . - efits for Collier County and
the Immokalee area; and l i•-•
WHEREAS, the Imm. - area and its eco -..; ,ii ent will greatly benefit from
the proposed road improvemen , ii Well Road and .., •.s Road; and
0
WHEREAS, given that the e . • :;, . -L own of Ave Maria may exceed ten
years, there is a substantial concern by a : TiMILTi w er property owners will take advantage
of the improvements to Oil Well Road and that their developments will utilize all available road
capacity to meet their concurrency needs prior to the completion of the buildout of the Town of
Ave Maria; and
WHEREAS, the parties agree that:
(a) Collier County, by virtue of Section 1(f), Article VIII of the Florida Constitution,
Chapter 125, Fla. Stat., and Section 163.01, Fla. Stat., is a public agency with the power to
reserve to the District by interlocal agreement sufficient capacity on Collier County's road public
facilities to complete the buildout of the Town of Ave Maria;
(b) The District, pursuant to Ch. 2004-461, Laws of Florida, has the expressed
authority and duty to determine whether the exercise of any of its general and special powers in
carrying out its single limited and specialized purpose (provision of infrastructure to the Ave
Maria Community) would interfere with reservations of sufficient road public facilities by the
2
OR: 3802 PG: 2550
1 6 7
County and has the duty to determine that any of the District's activities would not be
inconsistent therewith;
(c) Both the County and the District are public agencies which have certain rights,
powers, privileges and authority, shared in common, which each exercises and may exercise
separately;
(d) Each has the powers enumerated above which it can exercise separately that, by
interlocal agreement,the parties may exercise jointly;
(e) Administration of this Agreement will be by the County Manager or his or her
designee as approved by the Board of County Commissioners of Collier County and by the
District Manager or his or her designee as approved by the Board of Supervisors of the District;
(f) The County and the District can use their respective powers held in common by
cooperating with each other on a basis of mutual advantage;
(g) The essence of this • AiTefit ( j ��?� e and informal division of duties by
which the District provides to theme�•�s• 'en .k • c hen requested by the County that
any final local development . t'r of the Develope i ithin the final approved DRI
Development Order with sp • fic efeto the reservati• • b the County of sufficient road
public facilities; and
WHEREAS, after c of , •nsi a anon .i • • :�+ •ublic hearings on this matter by
both the County and Distric klq• s+ ' hay. • 4 :
(a) This Agreem ers the public •• ; •s: o' District and the County, their
constituents, taxpayers, local •v and residents, •• , • 1;-� t and future, and the Collier
County community as a whole; . do
(b) The public will reap si • •,,i •• • • r ges associated with and emanating from
this Agreement.
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 is entered into pursuant to the provisions of Section 163.01,
Florida Statutes and Chapter 2004-461,Laws of Florida(2004).
3
OR: 3802 PG: 2551
1 6 A 7
3. The parties have entered into this Agreement in good faith and covenant to
cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the
residents of Collier County.
4. The proposed plan of development for the Town of Ave Maria at buildout is
attached as Exhibit "A." Upon the issuance of the final DRI Development Order, and any
amendment thereafter, Exhibit "A" will be modified to conform. The proposed phases and
anticipated timeline for build-out of the Town are attached as Exhibit"B."
5. The County understands and agrees that the phases and timelines set forth in
Exhibit "B" are merely an estimate of absorption based on current conditions, and from a
Development of Regional Impact perspective, the controlling time for buildout is the termination
date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further,
County understands and agrees that permitting issues, mobilization difficulties, and lack of
momentum could delay substantial development during the early years, and that the timelines
and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and
economic cycles beyond control of District or P.- -lo•er.
R CO
6. Until the terminatio• I�,.�,�. 4 e pro.'. . of Ave Maria DRI Development
Order on June 30, 2020, and pro '41 at the University i ot . cted in substantial conformity
with the proposed DRI Dev op► :.• e, , - , Count wil res e to the District sufficient
capacity on Collier County's o. . pu ' < il` ..-s to c•mplet- the •uildout of the Town of Ave
Maria. It is understood that e ` : �•••, ► , r. '; t i phases. As each final local
development order is issue' fo' h a . , ; bl facility adequacy will be
issued, and transportation i ►` :. - . , - - a e Set forth in the Collier County
Land Development Code, . ,e reservation of s. aci "• the District of road public
facilities will be reduced by a O amount. Each ti : - al r development order is sought
for a project within the Distri ' . ty may request • v strict provide the County with
written assurance that such .1g... developmen • 6 - sought conforms to the Final
Development Order.
7. Following the seventh anniversary date of approval of the final DRI Development
Order, County shall conduct a review of performance under this Agreement to determine
whether or not there has been demonstrated good faith compliance with the terms of this
Agreement and that the project is proceeding in a timely manner to buildout. If the Collier
County Board of Commissioners finds, after consultation with the District, on the basis of
substantial competent evidence, that there has been a failure to comply with the terms of this
Agreement, or that the construction of the Town of Ave Maria is not proceeding in a
substantially timely manner to buildout, the Agreement may be modified or terminated by
agreement of the parties. The term substantially timely manner, as used herein, shall mean that
development is proceeding in a manner that buildout of the amount of development authorized
by the DRI Development Order could rationally be expected on or before the termination date of
the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved
for public facilities will be released, and made available for other development in the area, with
future development of the Town of Ave Maria on an equal footing with all other development as
to compliance with the County's concurrency requirements.
4
011: 3802 PG: 2552
8. If the Collier County Board of Commissioners finds that good faith compliance
b A 7
with the terms of this Agreement has been demonstrated, and that the construction of the Town
of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall
continue to reserve the remaining unused capacity through buildout of the construction of the
Town of Ave Maria,to be utilized in the same manner as described in paragraph 7 above.
9. This Agreement does not create or contain any vested rights for the District or the
Developer. This Agreement is personal to the District, and may not be assigned, either in whole
or in part. The District's sole obligation pursuant to this Agreement is to give County written
assurance when requested that any final local development order sought is contemplated by the
final approved DRI Development Order.
10. 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.
3R Co
11. The duration of :` r- en s . • • so long as the District, or its
successor-in-function, is functio, dor in existence. 0 •e W .e, this Agreement shall only be
amended or terminated by the arti; ate on m wri en a9 eement.
12. This Agreem t s 44 :4, .,.. :. •,', ' -. :,,F tt Official Records of Collier
County, Florida, within fo e- ) • a P .
it: i to this Agreement. District
shall pay all costs of reco - ,t ! co•y •f , ecorded document will be
provided to District within 1 (Fd s o recor•ation. �:_
13. This Agreemen • . 1 not be cons• `e• • 'c#. acterized as a development
agreement under the Florida Gov, Development • a , • - t Act.
14. The parties specifically,_ ,.r_ that the Collier County Subdivision
Regulations,the Collier County Building Codes,the Collier County Land Development Code, all
as amended, and their successors-in-function, are "governmental, planning, environmental and
land development regulation," and will be so recognized in light of any future analysis of
Chapter 2004-461, Laws of Florida(2004).
15. The parties confirm, agree and acknowledge that the Town of Ave Maria's SRA
Development Document and Collier County's Growth Management Plan, Land Development
and Building Codes, all as amended, and their successors and function, will and shall control
development within the District in accordance with the provisions of Chapter 2004-461, Laws of
Florida(2004).
16. District acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, 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.
5
OR: 3802 PG: 2553
1A 7
17. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. The parties intend that the terms, and conditions and provisions of this
Agreement and any addenda to it may only be amended or modified in writing, executed duly
and validly by the parties in a timely and reasonable manner. Any waiver at any time by either
party hereto of its rights with respect to any matter arising in connection with the Agreement
shall not be considered a waiver of such rights or matters by either party at any subsequent time.
This Agreement shall take effect on the date above written and shall continue in effect until the
parties mutually determine that it is no longer needed or until termination pursuant to the terms
hereof.
19. This Agreement and the commitments herein shall become effective when the
DRI Development Order, SRA design. :•ORherSpr Ave Maria and ACOE permit for the
Town of Ave Maria become final .�• i- ve. • Ar f Ave Maria DRI or SRA do not
become final, or the ACOE p the Town of A 'a is not received and become
effective before December 31 00;, :. • eement and all •bli tions hereunder shall be null
and void. _ ,
•
20. Under Sectio 1 clo i .. .-. a_ ee jthat administration of this
a
Agreement, including any i . , pro!.-d e. 1 be effected jointly by the
County Manager or his desi . d the District M ger .f liu signee with periodic reports
to both boards. Written not o` and when appr. :. e s .irniv given to the parties at the
following addresses or such oth ..n or place as eac : .11 designate by similar notice.
As to the District: Peter . , . r �: .ger
Special Dm• 1,41... •,- •c.
11000 Prosperity Farms Road, Suite 104
Palm Beach Gardens,Florida 33410
As to the County: James V. Mudd
Collier County Manager
3301 East Tamiami Trail
Naples,Florida 34112
(Remainder of Page Left Intentionally Blank)
6
OR: 3802 PG: 2554
16A7
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT F.. 9CK, Clerk COLLIER COUNTY, FLORIDA,
•
•
Cs< r lit_li W. Cjr- SLBt.. ..adls."... ' '''.0..ka.01 LOIC B
t 1s. gerk FRED W. COYLE,Chairman
tart'Rag.
Attest: I dit, g.. STEWARDSHIP COMMUNITY
."&t"'
.40/ ' _ial____
44............ �J_ B • /
Assistant District S,4 tar) Ap rrillt Bo: d of Supervisors
r 11,0-1
ECI
App,•ved . • to
••rm and 1- _• :.fficiency: Approve• .s to • and legal sufficiency
igaii ,
L' �i / /
Jeffr-4T . Kl ti w r • ' t Co
Assist. Co ' ty Attorney
I
1 ATE OF FLORIDA
COUNTY OF LEON
Acknowledged and executed before me this
10t day of May,KJ 2043) by Kenza van Assenderp.
Notary Public
s.404., Sunda W. Parrett
-,f •� .,:Commission it D0351834
�-s'• Expires October 29,2008
'sp
Sir,....,
-e%
&hie 10 4.1140*
7
OR: 3802 PG: 2555
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OIL ILL ROAD ..
DRI LAND USE SUMMARY it
u
H
UNIVERSITY/SCHOOlB 9%AC II
El RESIDENTIALz,n,AC II
OFF-SITE RUM DESIGNATIONS
n MIXED use 928 AC H
'-{COMMUNITY FACILITY 2„ I FSA I RLSA FLOW WAY STEWARDSHIP AREA ii
I�� A� ii
I WRA 1 PLEAWATER RETENTION AREAII
ii
PRESERVE 92 AC
II
-PARK S, I HSA I RLSA HABITAT STEWARDSHIP AREA it
®LAKE PARKS 175 AC I 0 J!IAA oPEn u
II
®ROADWAYS 242 AC /t
. ...• DRI BOUNDARY 4,996 AC
.+i,�+.r...�.w0MIN.,�,�. �'�"•••v 0 1.000 2,000 I,90O•NORTH
GRAPHIC SCALE
14111 11144! MAP H
m a ; MASTER DEVELOPMENT PLAN
TOWN OF AVE MARIA
` zt
r, v. ``..r.........
i I
N $ : 5PREPARED FOR NEW TOWN DEVELOPMENT,LLLP ..
*** OR: 3802 PG: 2556 ***
L 0 A 7
Table 21-1
Development Parameters
Phase Phase
One Sub Two Sub
Total Total
Measurement (2006- (2012- Final
Land Use Description Units 2011) 2016) Total
Residential Dwelling Units 6,010 4,990 11,000
Assisted Living Facilities Beds 0 450 450
Retail, Entertainment,Service Square Feet 367,900 322,100 690,000
Professional Office(General/Medical/Financial,etc.) Square Feet 276,600 233,400 510,000
Civic/Community/Miscellaneous(1) Square Feet 115,500 33,000 148,500
Medical Facilities Square Feet 15,000 20,000 35,000
Hotel 1Ftrni 110 290 400
University 0 Stude 3,150 2:::
6,000
K-12 Schools(Private and Public)(2) Students 1,120 13,100
?E CIS