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Backup Documents 06/28/2016 Item #16A27 1-6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP _I_ ! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOfi i 2 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN 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#I 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 JAK Nc>k-\ -6/-2474-6- \A( 024 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office L(2806 3:11e, 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 Paula Fleishm ,Impact Fees 252-2924 Contact/Department Agenda Date Item was 6/28/16 Agenda Item Number 16-A-27 Approved by the BCC Type of Document Hacienda Lake Tri-Party DCA Number of Original 3 Attached Documents Attached PO number or account number if document is e_yr_ 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 JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK 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 JAK 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 JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK 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 6/28/16 and all changes made during the JAK N/A is meeting have been incorporated in the attached document. The County Attorney's n opt Office has reviewed the changes,if applicable. thi lin', 9. Initials of attorney verifying that the attached document is the version approved by the t91/4\<-k'& N/A is not BCC,all changes directed by the BCC have been made,and the document is ready fan ption for Chairman's signature. d � ,\�1'��i_ 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 16A27 MEMORANDUM Date: July 11, 2016 To: Paula Fleishman, Operations Analyst Capital Project Planning, Impact Fees & Program Management From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Tri-Party Developer Contribution Agreement between Collier County, Hacienda Lakes of Naples, LLC and The District School Board of Collier County allowing Hacienda Lakes of Naples, LLC, to convey a parcel within the Hacienda Lakes MPUD to The District Attached for your records and/or further distribution, you will find two original copies of the agreement referenced above (Item #16A27), approved by the Collier County Board of County Commissioners on Tuesday, June 28, 2016. The third original copy of the agreement was sent for recording in the Official Records and will be held by this department for the Board's Official Record. If you have questions or if I can be of any additional assistance, please feel free to call me at 252-8406. Thank you. Attachments (2) 16A27 HACIENDA LAKES MPUD/DRI TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT THIS TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT (the "Agreement") is made and entered into this 2,53.E of , 2016, by and between HACIENDA LAKES OF NAPLES LLC, a Florida limited liability company, ("Hacienda Lakes" or "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (the "County"), and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "District"). 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 and codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Impact Fee Ordinance"). RECITALS: WHEREAS, Hacienda Lakes is developing approximately 2,262 +/- acres of property located on the east side of Collier Boulevard (CR 951), near its intersection with Rattlesnake Hammock Road in unincorporated Collier County, Florida; WHEREAS, with respect to said property, on October 25th, 2011, the County approved Ordinance Number 11-41, changing the zoning classification from the Agricultural (A) Agricultural-Special Treatment Overlay (A-ST) and PUD Zoning District (Swamp Buggy Days PUD)to a Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD and also approved Resolution Number 2011-201 and Development Order 2011-05 for the Hacienda Lakes Development of Regional Impact (DRI) (hereinafter, collectively referred to as the "Development"), which Development is graphically depicted on the Master Plan, attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, in accordance with the Developer commitments set forth in Resolution Number 2011-201 and Development Order 2011-05, Hacienda Lakes, as Developer, agrees to dedicate and convey to the District nineteen-and-one-half(19.5) acres, within the Development, as further described in Exhibit "B" (the "School Site"), attached hereto and made a part hereof, for use as an elementary school site in exchange for an Educational Impact Fee credit; and WHEREAS, this Agreement has been negotiated and prepared by the District and the Developer, who jointly request that the County approve the terms and conditions set forth herein. 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 mutual promises, commitments and covenants contained herein,the parties agree as follows: 1. The parties agree and acknowledge that the recitals above are true and correct and that it is the intent of the parties by entering into this Agreement to create a lPrtait.. binding INSTR 5286601 OR 5291 PG 1081 RECORDED 7/6/2016 4:11 PM PAGES 8 DWIGHT ROOK, CLERK OF THE CIRCUIT COURT COLLIER:COOUNT`(FLORIDA REC$69.5 16A27 contract whereby Developer conveys the School Site to the District and the County grants and issues to Hacienda Lakes an Educational Impact Fee credit. 2. The District shall have a Due Diligence Period of fifteen (15) days from the date that this Agreement is fully executed to conduct feasibility studies, environmental assessments, surveys, title work and any other study or report deemed necessary to evaluate the School Site and to determine if it meets all requirements for the construction of an elementary school. The Developer grants its consent to the District to allow the District and/or its designated agent(s) to access the School Site in order to perform its Due Diligence activities. The District shall indemnify and hold harmless the Developer from and against any and all claims, actions, causes of action, loss, damages, injuries, liabilities, costs and expenses, including without limitation attorneys' fees, arising from the District's Due Diligence activities, however, the District does not waive the provisions set forth in Florida Statutes Section 768.28. 3. The School Site shall be used for a public elementary school. Water and sewer connections shall be available at the School Site. The School Site shall have direct and permanent access (in accordance with County Standards) to and from the extension of Rattlesnake Hammock Road, a public right-of-way. The District shall be responsible for the construction of all access improvements from the edge of the public right-of-way into the School Site. The Development storm water management system will accept the storm water runoff from the School Site and provide the necessary storage and attenuation. The District shall provide storm water quality pretreatment and storage, as required. 4. In accordance with Florida Statutes Section 1013.14(1)(b), the District obtained two (2) appraisals for the School Site, one from ARC Realty Advisors, Inc. and another from Stewart & Company, both independent state certified appraisers, to establish the value of the School Site. The average appraised value of the two appraisals is $2,834,750 and shall constitute the amount of credit available to the Developer as a prepayment of Educational Impact Fees upon conveyance of the School Site to the District (the "Impact Fee Credit"). 5. After conducting its Due Diligence, District will notify Developer as to the acceptability of the School Site. If the School Site is acceptable to the District, Developer will convey the School Site by Special Warranty Deed (or such similar deed) and District will accept the School Site as prepayment of a portion of the anticipated Educational Impact Fees to be imposed by the County in connection with the Development (the "Dedication"). It is anticipated by the parties that the Dedication shall occur on or before July 13th, 2016 at the Naples, Florida office of Stewart Title Company (the "Title Company"). The District and the Developer may extend the date of the Dedication provided both agree to do so in writing. The Developer agrees to provide the District (or the District's title company) all the documentation that is customarily required to obtain title insurance for the School Site free from: (i) the Schedule B - Section II "standard exceptions" of the title commitment obtained by the District (other than the survey exception), (ii) all mortgage liens affecting the School Site, and (iii) all non-mortgage liens and encumbrances affecting the School Site which can be removed by payment of a liquidated amount at or prior to the date of the Dedication. The Developer shall not subject the School Site to any Declaration of Covenants, Restrictions and Easements for the Development or any other 2 16 A 27 similar document recorded by the Developer and imposing restrictions or payment obligations upon the owner of the School Site ("Declaration"). If the School Site is subject to such a Declaration, Developer shall execute and deliver to the Title Company a supplemental amendment to the Declaration, withdrawing and excluding the School Site from the Declaration, to be recorded by the Title Company, prior to the recording of the conveyance deed for the School Site. The Developer shall prepare and deliver to the Title Company the conveyance deed, its affidavit, certificate of non-foreign status and any corrective instruments that may be required in connection with perfecting title or any additional documents reasonably requested to consummate the transactions contemplated hereunder. The District shall be solely responsible for the cost of obtaining a survey of the School Site, a title insurance policy and the closing services of the Title Company. The Developer shall be solely responsible for the cost of any filing or recording fees (except for the deed) and the documentary stamps for the conveyance deed or any additional documents reasonably requested to consummate the transactions contemplated hereunder. All taxes (and special assessments) assessed for any prior. year and remaining unpaid shall be paid by the Developer and so shall all taxes (and special assessments) assessed and due for the current calendar year. The District is a tax exempt entity and there shall be no proration of taxes between the Developer and the District on a calendar year basis as of the date of Dedication. In the event that the District determines, within the Due Diligence Period, that the School Site is not acceptable, the parties acknowledge and agree that a document voiding this Agreement shall be executed and recorded in the Public Records of Collier County, Florida. 6. Developer agrees that it will not submit its own alternative Educational Impact Fee calculation, but instead will abide by the duly adopted Educational Impact Fees in effect at the time of Building Permit applications. 7. The Impact Fee Credit identified herein shall run with the Development. The Impact Fee Credit shall be reduced and exhausted on a unit by unit basis. The Impact Fee Credit set forth herein shall not offset, diminish or reduce any other charges, fees or other educational impact fees for which Developer, its successors and assigns, are responsible in connection with the development of their other lands. It shall be Developer's, or its successors' and assigns', obligation to notify the County that the Impact Fee Credit is available each and every time that Educational Impact Fees may become due. 8. 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. Developer may freely assign or transfer all or any portion of the Impact Fee Credit to successor owners of all or part of the Development or to another development(s) as provided for in the Impact Fee Ordinance. 9. Developer acknowledges and agrees that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either Developer, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing applicable permitting requirements, conditions, terms or restrictions. 3 16 A27 10. At County's option, an annual examination and audit of compliance may be performed by the County to determine compliance with, and performance under, this Agreement, including whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to review the balance of available Impact Fee Credit. 11. In the event State or Federal laws are enacted after the execution of this Agreement, that 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. 12. 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 the County's then current Alternative Dispute Resolution Procedure. 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. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Agreement Act. 13. 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. 14. This Agreement is the entire agreement between the parties, and supersedes all previous oral and written representations, agreements and understandings between the parties. With the exception of the administration of the Impact Fee Credit, and except where otherwise in direct conflict with Florida Statutes Section 768.28, the District and the Developer jointly agree to defend and hold County harmless from any claims arising out of this Agreement. [Remainder of Page Intentionally Left Blank] 4 16A27 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 (47-:_e' By: 0,(,(,Gc.6124 � �C y: Attest as t s deputy Clerk Donna Fiala, Chair signatu . on Approve• ii,jorm and legality: Jeffrey A. ow, County Attorney THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA By: A11111 /Ty", 04 Julie `. ague, Ciai6//vd(26c;„2. b Attest: Dr. Kam la Patton, Superintendent ipprovps to,form and legal sufficiency: Jidn Fishbane, District General Counsel 5 16A27 HACIENDA LAKES OF NAPLES LLC, a Florida limited liability company py--------/ By: NIF Printed 4---# *.7 --- ;,4%ek .0.. kocces / PrintelTitle: , Witnesses: Signatur I i 44,- r Allk 4 A 5 Pri ed ,larne\, ....—.......___ ----.'":6.**b..•:: you e 1\INZAIAN, - Vact-r-- Printed ame STATE OF FLOc_LAc, COUNTY OF The foregoing ins ment was acknowledged before me this 0,7"-P'-day of LA IrriCit.A.A , 2016, by ,kas ii- o_...A. .e,„z„,\.0.1.,,,,,st occizke v-ncoAckw,.. of HACIENDA LAKES OF NAPLES LLC, a Florida limited liability company. 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' 14121 & x Rqf -' • $F $08: n' 0gR i W-k' o 6 x q 4 oz" " --3- g „ - IfHCF4p § MtP c1 £EP S. 0 s .�I •-- nrg,,, 11, ,..i Otf. .>a, �a?RRu gRu 229 .2^<> -Ci!,, -- 1 :G^. mm SCG IUG IIGG f , MAUI \1.1ROL20111 ::rvrS#WS511:2i1: T� �c T �C. ;mi...,ey HACILiNDALAKF.SOF'NAPLI:S,LIC. HACIENDA LAKES i IX P'�"11°� Ir0.5M.'¢I V1sW1117L110R nu, ”"` OVF.RAI.I.MI'[I!)/U!!1 /� U CONSUL'I'INC CSvitlipj ming twom_nwnr ,i a MC-UD/Dl L I 3. .. . VA. �. SfuveyL>8&Mapping In.IRfn MASTER PLAN w�owa..r.l ma.sm:YgMyl.,;lri'+r,cs �•csvm:s ry r•.rn��,.-::. x,2>„ ,,R any.. - 1W4un&eetf<nlirmil:AUSN MI>a SM fnCV)41Ne-0„ 16 A27 Exhibit "B" (Legal Description of School Site) A portion of Tract FD-1 of Hacienda Lakes of Naples, as recorded in Plat Book 55 at Pages 10 through 21 of the Public Records of Collier County, Florida also being a portion of Sections 14 and 23, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of Section 14, Township 50 South, Range 26 East, also being a point along the easterly boundary of Tract FD-1 of Hacienda Lakes of Naples, as recorded in Plat Book 55 at Pages 10 through 21 of the Public Records of Collier County, Florida; Thence run South 01°28'07" West, along the easterly line of said Tract FD-1, for a distance of 90.20 feet; Thence run South 87°37'31"West,a distance of 915.52 feet; Thence run North 00°47'12" East, a distance of 120.18 feet; Thence run South 87°37'31"West,a distance of 280.43 feet; Thence run North 00°47'12" East, a distance of 620.44 feet to its intersection with the northerly boundary of said Tract FD-1; Thence run North 87°37'31" East,along the northerly line of said Tract FD-1, a distance of 1196.89 feet, to the northeasterly corner of said Tract FD-1; Thence South 00°46'29"West, along the easterly boundary of said Tract FD-1, a distance of 650.48 feet to the POINT OF BEGINNING. Containing 19.55 acres or 851,455 square feet, (more or less) 8