Agenda 12/08/2015 Item #16A19n
12/8/2015 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve the Bentley Village Redevelopment Agreement between the
Collier County Board of County Commissioners and CC- Naples, Inc., a Delaware
Corporation, for the partial redevelopment of the Bentley Village, a continuing care
retirement community (CCRC) in the Retreat at Naples Planned Unit Development (PUD),
Ordinance Number 97 -71.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the Bentley Village
(BV) Redevelopment Agreement to allow for the staging and partial redevelopment of the Bentley
Village CCRC. The redevelopment consist of adding 72 new units and ultimately demolishing 84
existing units.
CONSIDERATION: The Retreat PUD is approved for a total of 740 units, as shown in the below
table.
RETREAT PUD BREAKDOWN
Property Description
Corresponding
Units
A. Total Non -Owner property
(i.e.. not owned by Owner and not part of BV)
B. Owner Pro Part of BV
(i) Constructed with duly- issued Certificates of
562
Occupancy
ii Unbuilt Units
16
(iii) TOTAL (B)(i) + (B)(ii) _
Total Units (Built -out and Unbuilt)
associated with Owner Property
at SDPA Approval Date
57
C. TOTAL (A) + (6)(111) = Retreat PUD
Maximum Allowable Density
740
As noted, 162 units within the Retreat PUD are not associated with Bentley Village, are not owned by
CC- Naples, Inc. and will not be affected by the proposed Agreement.
Currently, the Owner is constructing additional Units at Bentley Village pursuant to permits issued
under an approved SDPA and Building Permit (PRBD2015020457601). In association with the
project, 36 existing units have been demolished, and at the completion of the project 72 new units will
be provided. The table on the following page provides for the revised unit count at the completion of
the project.
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TEMP RARY NET UNIT OVERAGE CALCULATION
Property
Description
Corresnondina
Units
A. Non -Owner property
(I.e., not owned by Owner and not part of BV)
B. Owner Property (Part of BV)
(1) Subtotal Constructed, with duly- issued Certificates of
Occupancy
562
ii Less: Demolished Units
36
(iii) Plus: Newly Constructed Units
72
(iv) SUBTOTAL (B)(i) - (B)(ii) + (B)(iii) _
Built Units on Owner Property upon
Completion of Redevelogment Project
C. SUBTOTAL (A) + (B)(iv) _
Built -Out Retreat PUD Unit Count upon
Comigiet"an of Redevelonrnent Project
D. Less Retreat PUD Maximum Allowable Density
740
E. TOTAL (C) — (D) _
Temparant Not Unit Overage
As designated in the table, there will be 20 units above the allowed dwelling unit count for the PUD,
which the proposed agreement will recognize and allow, with the requirement that an additional 48
units will be demolished within the project. Specified in the Agreement, the existing Wateredge
Buildings, pending vacancy of all 48 Units within each building currently occupied by long -term BV
residents, will be scheduled for demolition following the transition schedule indicated within page two
of the Bentley Village Redevelopment Agreement.
The final table on the following page illustrates the revised unit count for the Retreat PUD at the
completion of the Bentley Village Redevelopment Agreement, as proposed.
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UNIT COUNT AT DEMOLITION OF WATEREDGE BUILDINGS
Property
Description
Correspondina
Units
A. Non -Owner property
(i.e., not owned by Owner and not part of BV)
162
B. Owner Property (Part of BV)
(i) Built Units on Owner Property upon
598
Completion of Redevelopment Project
(ii) Less: Total Units at Wateredge Buildings pending
48
demolition in future phase of redevelopment on the
Owner's Property
(iii) SUBTOTAL (B)(i) - (B)(ii) _
Built Units on Owner Property upon
Demolition of Wateredge Buildings
550
C. TOTAL (A) + (B)(iii) =
Built -Out Retreat PUD Unit Count upon
Demolition of Wateredae Buildinas
712
The total units constructed are within the allowable units provided by the Retreat PUD and the
Bentley Village Redevelopment Agreement will allow for the upgrading of the facilities at Bentley
Village, while providing for a resident transition plan that creates the least amount of disruption for its
long term residents.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
as to form and legality, and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth
Management Plan.
RECOMMENDATION: To approve the Development Agreement to allow for the staging and
partial redevelopment of the Bentley Village CCRC.
Prepared by: Mike Bosi, AICP, Director, Zoning Division, Growth Management Department
Attachment:
1) Bentley Village Redevelopment Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve the Bentley Village Redevelopment
Agreement between the Collier County Board of County Commissioners and CC- Naples, Inc., a
Delaware Corporation, for the partial redevelopment of the Bentley Village, a continuing care
retirement community (CCRC) in the Retreat at Naples Planned Unit Development (PUD),
Ordinance Number 97 -71
Meeting Date: 12/8/2015
Prepared By
Name: BosiMichael
Title: Division Director - Planning and Zoning, Zoning
11/9/2015 2:13:29 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:42:50 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:50:47 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/12/2015 8:27:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 11:48:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 4:23:15 PM
Name: IsacksonMark
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Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/16/2015 11:35:28 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/16/2015 5:05:00 PM
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BENTLEY VILLAGE REDEVELOPMENT AGREEMENT
This Agreement is made and entered into this day of , 2015, 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 property ( "Property ") governed by this 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 community (a "CCRC ") for
senior citizens on the Property; and
^ WHEREAS, the Owner is constructing additional Units at BV pursuant to permits issued
under the approved Site Development Plan Amendment (the "Redevelopment Project "); and
WHEREAS, the Owner intends to demolish three (3) multi - family buildings, Buildings
15, 16 and 17, located at 1500, 1600 and 1700 Wateredge Drive in Naples, Florida (herein, the
"Wateredge Buildings "), pending vacancy of all Units within each building currently occupied
by long -term BV residents. The parries acknowledge and recognize that, upon the demolition of
the Wateredge Buildings, the total number of Units then constructed on the entire Retreat PUD
will be within the maximum density of 740 Units; and
WHEREAS, in anticipation of the Redevelopment Project, the Owner developed and has
executed a long -term transition plan to relocate current, long -term BV residents who occupy
Units in the Wateredge Buildings, such that (i) all Units in the Wateredge Buildings may be
vacated consistent with the Owner's CCRC operations at BV, and (ii) the orderly demolition of
each of the Wateredge Buildings may be accomplished without unnecessary interruption to long-
term BV residential occupants; and
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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 Buildings.
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. Owner agrees that, until demolition occurs for at least two (2) of any of the
Wateredge Buildings, that it 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 this Agreement. The Owner agrees that such demolition shall be completed no later
than five (5) years from the date of the approval of this Agreement.
3. Collier County agrees to issue Certificates of Occupancy to Owner for the 72
Units being constructed under the Approved Permits and Site Development Plan Amendment,
irrespective of the status of the demolition of the Wateredge Buildings, once all other terms of
the Approved Permits related to the 72 Units being constructed by Owner have been met. The
vacant, unoccupied Units within the Wateredge Buildings shall not be used in calculating impact
fees for purposes of issuing the Certificates of Occupancy for any of the new Units.
4. 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:
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
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6. 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.
7. 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.
8. 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:
Harmon Turner Building
Naples, Florida 34112
Attn: County Manager
Phone: (239) 774 -8872
Facsimile: (239) 774 -9370
To Owner:
CC- Naples, Inc.
c/o Classic Residence Management
Limited Partnership
Attn: General Counsel
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.
9. 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.
10. 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.
11. 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 10-N,
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
CC- NAPLES, INC.,
a Delaware Corporation, d/b /a Vi at Bentley Village
It
By:
Pri ame:
Title:
?Pe%Iv
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 6"�6day of k(v y eng he z— , 2015, by
as (type of authority, e.g., officer,- trustee, etc.) of CC-
NAPLES, INC., a Delaware Corporation, d/b /a Vi at Bentley Village.
Y
OFFICIAL SEAL
FELICIA BATES
Notary Public • State of Illinois
My Commission Expires. 05/13/2017
Notary Public `,�
Name: e l er a��Dafes
State of i f rs
My Commission Expires: / 3 17
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