Backup Documents 12/12/2017 Item #16A25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 5
S TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
� , 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#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. County Attorney Office County Attorney Office JAK 12/12/17
4. BCC Office Board of County
Commissioners r 12.\1411
5. Minutes and Records Clerk of Court's Office 6111q111" 3•5°0
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 mis ing information.
Name of Primary Staff Mike Bosi,A P,Director,Zoning Division Phone Number 252-2387
Contact/Department
Agenda Date Item was 12/12/17 Agenda Item Number 16-A-25
Approved by the BCC
Type of Document Amended and Restated Bentley Village Number of Original Two
Attached Redevelopment Agreement Documents Attached
PO number or account Yes—Please contact Marcia Kendall for
number if document is recording account information
to be recorded ZS 2.-2315'1
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 12/12/17 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. is 'ne.
9. Initials of attorney verifying that the attached document is the version approved by he .. k( /A i not
BCC,all changes directed by the BCC have been made,and the document is ready •r tl V` t 1 ` an op on for
Chairman's signature. e)2:: this e.
[04-COA-01081/1344830/111: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
16 AZ 5
MEMORANDUM
Date: December 15, 2017
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Sr. Deputy Clerk
Board Minutes & Records Department
Re: Amended & Restated Bentley Village Redevelopment Agreement
Attached for your records is an original document as referenced above, (Agenda
Item #16A25) adopted by the Board of County Commissioners on Tuesday,
December 12, 2017.
The Minutes and Record's Department will hold the original for the Board's Official
Record.
If
ou have anyquestions feel free to call me at 252-8411.
Y
Thank you.
Attachment
INSTR 5484542 OR 5459 PG 167
RECORDED 12/18/2017 9'.43 AM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$52.50
AMENDED AND RESTATED BENTLEY VILLAGE
REDEVELOPMENT AGREEMENT 1 6 x 2 5
This Amended and Restated Agreement is made and entered into this'vZ#r day of
2017, by and between CC-Naples, Inc., a Delaware Corporation ("Owner"),
and The Board of County Commissioners of Collier County, Florida, as the governing body of
Collier County ("County").
RECITALS:
WHEREAS, the Owner and the County entered into the Bentley Village Redevelopment
Agreement, as recorded on December 16, 2015 at Official Records Book 5233, Pages 3978 et.
seq., Public Records of Collier County, Florida("2015 Agreement"); and
WHEREAS, the property ("Property") governed by the 2015 Agreement consists of
approximately 156 acres in unincorporated Collier County, commonly known as "Bentley
Village" or "Vi at Bentley Village" (hereinafter`BV"); and
WHEREAS, BV is part of a Planned Unit Development (PUD), more fully known as The
Retreat, with an allowable maximum density of 740 Units; and-
WHEREAS, BV operates as a continuing care retirement coisimtuiity (a "CCRC`') for
senior citizens on the Property; and
WHEREAS, the Owner constructed additional Units at BV pursuant to permits issued
under an approved Site Development Plan Amendment (PRBD 2015020957601) and plans to
construct additional Units pursuant to further phases of its project (the "Redevelopment
Project"); and
WHEREAS, the 2015 Agreement facilitates the long-term transition plan for the
relocation of current, long-term BV residents who occupy Units in Buildings 15, 16 and 17,
located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the "Wateredge
Buildings"); and
WHEREAS, under the 2015 Agreement, the Owner continued the construction of Units
under its Redevelopment Project and the County issued Certificates of Occupancy to Owner for
constructed Units prior to the demolition of the Wateredge Buildings; and
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WHEREAS, Owner is not required to demolish the Wateredge Buildings pending
vacancy of all Units within each building currently occupied by long-term BV residents; and
WHEREAS; upon the demolition of the Wateredge Buildings pursuant to the 2015
Agreement, the total number of Units then constructed on the entire Retreat PUD will be within
the maximum density of 740 Units; and
WHEREAS, the Owner is proceeding with the next phase of the Redevelopment Project,
specifically SDPA— PL20160002772, consisting of the construction of fifty-one (51) residential
units contained within a four(4) story multifamily building ("Phase II"); and
WHEREAS, in anticipation of Phase II, the Owner has developed and is executing a
long-term transition plan to relocate current, long-term BV residents who occupy Units in the
Buildings 20, 21 and 22, located at 2000, 2100 and 2200 Viewpoint Drive in Naples, Florida
(herein, the "Viewpoint Drive Buildings"); and
WHEREAS, the Owner's plan ensures that (i) an appropriate number of Units in the
Viewpoint Drive Buildings are vacated consistent with the Owner's CCRC operations at BV, and
(ii) the orderly demolition, consolidation and/or redevelopment of one or more of the Viewpoint
Drive Buildings may be accomplished without unnecessary interruption to long-term BV
residential occupants; and
WHEREAS, the parties recognize that it is critical to minimize the impact of the
Redevelopment Project on BV residents who currently occupy Units located within the
Wateredge and Viewpoint Drive Buildings to support those residents aging-in-place pursuant to
these continuing care contracts.
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.
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2. Owner and County reaffirm that, pursuant to the terms of the 2015 Agreement,
until demolition occurs for at least two (2) of any of the Wateredge Buildings, that Owner shall
not occupy or make available for occupancy any current, vacant Units in those three (3)
buildings. Further, the Owner agrees that, once vacated, any Unit in the Wateredge Buildings
shall remain vacant and unoccupied pending demolition under the terms of the 2015 Agreement.
3. Owner and County agree that Owner shall not occupy or make available for
occupancy any current, vacant Units in the Viewpoint Drive Buildings until it presents final
future redevelopment plans to bring the Unit count among the Viewpoint Drive Buildings within
the PUD's maximum density (i.e., "Phase III"). Further, the Owner agrees that, once vacated,
any Unit in the Viewpoint Drive Buildings shall remain vacant and unoccupied pending
demolition, consolidation and/or redevelopment (at the Owner's discretion) under the terms of
this Amended and Restated Bentley Village Redevelopment Agreement.
4. Collier County agrees to issue Certificates of Occupancy to Owner for the 51
Units being constructed under Phase II, irrespective of the status of the demolition, consolidation
and/or redevelopment (at the Owner's discretion) of one or more of the Viewpoint Drive
Buildings, once all other terms of the approved permits related to the 51 Units being constructed
under Phase II by Owner have been met. The vacant, unoccupied Units within the Wateredge
and Viewpoint Drive Buildings shall not be used in calculating impact fees for purposes of
issuing the Certificates of Occupancy for any of the new Units. The Owner agrees that such
demolition, consolidation and/or redevelopment(at the Owner's discretion) of one or more of the
Viewpoint Drive Buildings as part of Phase III redevelopment shall be completed no later than
seven (7) years from the date of the issuance of the Certificates of Occupancy for the new Units
being constructed under Phase II by Owner approved under this Agreement.
5. Nothing herein shall affect or limit the right and ability of the Owner to submit
additional property located on or within the Owner's Property for development or
redevelopment.
Legal Matters:
6. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
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7. 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.
8. Owner acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or its successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
9. 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 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: To Owner:
Harmon Turner Building CC-Naples, Inc.
Naples, Florida 34112 c/o Classic Residence Management
Attn: County Manager Limited Partnership
Phone: (239) 774-8872 Attn: General Counsel
Facsimile: (239) 774-9370 71 South Wacker Drive, Suite 900
Chicago, IL 60606
Phone: (312) 803-8800
Facsimile: (312) 803-8801
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
10. Owner shall execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the County enters
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into this Agreement. Owner shall pay all costs of recording this Agreement. The County shall
provide a copy of the recorded document to the Owner upon request.
11. 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.
12. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been demonstrated good faith
compliance with the terms of this Agreement. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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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:
A e.1 az, ivv.,i,Idflleputy Clerk Penny Ta 44r, Chair • n
signature ,n1
Approv^. .s o. � ; • _, i•.
Ad..NV
gnaw
Jeffrey A:I K1:11 ow, County Attorney
CC-NAPLES, INC.,
a Delaware Corporation, d/b/a Vi at Bentley Village
By: � •
Print Name: G Q M
Title:
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)ss:
COUNTY OF COOK )
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the
State of Illinois, on this tb+ day of Se piI-cr er , 2017, by Gooey
, as rI c ej Y es t oe.p .-f-. (type of authority, e.g., officer, tru§tee, etc.) of CC-
NAPLES, INC., a Delaware Corporation, d/b/a Vi at Bentley Village.
Notar Public
Name.�Jcci
State of /tiiuois
My Commission Expires:.41/2I.Z,I
11772136_1 6 OFFICIAL SEAL
FELICIA BATES POINTER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:04/12/21