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Agenda 06/11/2013 Item #16F26/11/2013 165.2. EXECUTIVE SUMMARY Recommendation to approve an amendment to the December 3, 2002 Contribution Agreement, relating to the Sierra Meadows development, by providing that impact fee credits will run with the land in perpetuity, interest free, until used or assigned and providing for allocation of the credits as required by the Agreement. OBJECTIVE: That the Board of County Commissioners (Board) approves an amendment to the Developer Contribution Agreement for the Sierra Meadows development to allow the Road Impact Fee credits to run with the land in perpetuity, interest free, until used or assigned, consistent with the provisions of Section 74- 205(f)(4) of the Collier County Code of Laws and Ordinances, and provide for the allocation of the credits as required by the Agreement. Presently, the $183,600 in Road Impact Fee credits are unavailable due to the expiration of the agreement in 2009. CONSIDERATIONS: Four owners /developers are successors in interest to Alanda Ltd. and Wallace R. Devlin, Sr. ( "Devlin "), who were parties to a Standard Form Collier County Developer Contribution Agreement for Road Impact Fee Credits, dated December 3, 2002, and recorded in Official Records Book 3168, Page 1339, of the Public Records of Collier County, Florida (hereinafter the "Contribution Agreement "). The Agreement provided for impact fee credits in exchange for the donation of land specified as needed right -of —way. Although the County received the benefit of this contribution, the Developers have not yet been able to utilize the impact fee credits, due in part to the economic downturn. Recently, the owner /developer of the residential tract contacted the County, as they were proceeding with the construction of 228 multi - family units on the subject site, and requested that the Agreement be amended to reflect the current provisions of Section 74- 205(f)(4) of the Collier County Code of Laws and Ordinances, which provides that Road Impact Fee credits run with the land in perpetuity, interest free, until used or assigned. The proposed amendment provides the updated language, consistent with the Code provisions, and, as required by the Agreement, includes a breakdown of the amount of credit available for each parcel (incorporated as part of Appendix A). The owners /developers of the commercial tracts concur with the proposed amendment. Due to the timing of the presentation of this item for consideration, the owner /developer of the residential parcel elected to pay the Road Impact Fee in full for the multi - family project in order to continue moving forward with construction. They are requesting that upon approval of the amendment, impact fees paid in the amount of the available residential credits ($60,841.58) be refunded. FISCAL IMPACT: Without this amendment, the developers /owners will not be able to utilize their respective Road Impact Fee credits, totaling $183,600, granted for a previous land donation. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated to this request. Packet Page -1599- 6/11/2013 16. F.2. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves an amendment to the Developer Contribution Agreement for the Sierra Meadows development to allow the Road Impact Fee credits to run with the land in perpetuity, interest free, until used or assigned, consistent with the provisions of Section 74- 205(f)(4) of the Collier County Code of Laws and Ordinances, and provide for the allocation of the credits as required by the Agreement, and approves any necessary budget amendments related to the refund. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Office of Management and Budget Attachments: 1) Proposed Amendment Packet Page -1600- 6/11/2013 165.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. F. 16. F. 2. Item Summary: Recommendation to approve an amendment to the December 3, 2002 Contribution Agreement, relating to the Sierra Meadows development, by providing that impact fee credits will run with the land in perpetuity, interest free, until used or assigned and providing for allocation of the credits as required by the Agreement. Meeting Date: 6/11/2013 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 5/31/2013 9:15:13 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 6/4/2013 9:45:41 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/4/2013 3:56:15 PM Name: OchsLeo Title: County Manager Date: 6/4/2013 5:59:51 PM Packet Page -1601- 6/11/2013 16. F.2. FIRST AMENDMENT TO DECEMBER 3, 2002 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS THIS FIRST AMENDMENT ( "First Amendment ") is made and entered into this _ day of ' 2013, by and between SIERRA GRANDE HOLDINGS, LLC., a Delaware limited liability company, Sierra Meadows, LLC, a Florida limited liability company, Pelican Bay/Hammock Woods II, LLC, a Florida limited liability company, and Swan FM, LLC, a foreign limited liability company (hereinafter referred to as "Developers ") and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County "). RECITALS: WHEREAS, the Developers are successors in interest to Alanda Ltd. and Wallace R. Devlin, Sr. ( "Devlin "), who were parties to that certain Standard Form Collier County Contribution Agreement for Road Impact Fee - Credits dated December 3, 2002, and recorded in Official Records Book 3168, Page 1339, of the Public Records of Collier County, Florida (hereinafter the "Contribution Agreement "); and WHEREAS, Devlin owned the Residential Tract subject to the Contribution Agreement and, pursuant to Paragraph 2 thereof, was granted $60,841.58 in impact fees for the Residential Tract; and WHEREAS, Alanda Ltd. owned the Commercial Tracts subject to the Contribution Agreement and, pursuant to Paragraph 2 thereof, was granted $122,758.42 in impact fees for the Commercial Tracts; and WHEREAS, Paragraph 4 of the Contribution Agreement allows for the amendment or modification upon the mutual written consent of the parties or their successors in interest; and WHEREAS, Paragraph 10 of the Contribution Agreement requires that if one or more developer or parcel is to benefit from the impact fees credits, the amount of each credit available to each parcel will be described in Exhibit A, and WHEREAS, on May 25, 2010, the Board enacted Ordinance No. 2010 -22, which amended the Consolidated Impact Fee Ordinance by providing for, among other things, that impact fee credits shall run with the land in perpetuity, interest free, until used or assigned; and WHEREAS, the Developers and County have agreed to amend the Contribution Agreement as provided herein. Packet Page -1602- 6/11/2013 16. F.2. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between 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. Paragraph 13 of the Contribution Agreement is hereby amended as follows: L 11 t be a period in c_ *e of five -(5) fte rthe date of the ,�iea t:..« f land, _ __' btit in He + ___ __ r ___ _ -t h 11 the '1 t;'1'+. -years ^ .7't -.a t1.' !'' tril. „troZ,= +r e i i' t1.' ! tFib t' A gr-ee Rl the _Offs + .,1 Re r-ds of Cell 0« Ce ..t,. b a Fier-ida. For- the r r agreement, the date ef aeseptanee by the Geut4y. Impact fee credits or cash payment shall run with the land in perpetuity, interest free until used or assigned. 3. Exhibit "A” of the Contribution Agreement, attached hereto, is hereby amended by inclusion of the credit allocation. 4. Except as otherwise modified herein, the remaining provisions in the Contribution Agreement shall remain in full force and effect. 5. If there is any conflict between this First Amendment and the Contribution Agreement, the provisions of this First Amendment shall prevail. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW Packet Page -1603- 6/11/2013 16. F.2. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. STATE OF "FLOPS OA COUNTY OF J4 iAm, - 060e_ SIERR HOLDINGS, LLC, a Delaware limit b FLORIDA REAL as M ber a By: Print Name: +vW0XX3 1aVtF_gSi-t Title: y-yAe,y-a, Date: The foregoing instrument was acknowledged before me this 1 # day of +1M Pry , 2013, by PffljAvn Upsateff, , as Mdv�sAc� jv,,�4, mtt4%t4 of FLORIDA REAL ESTATE VALUE FUND, LP, a , as Managing Member of SIERRA GRANDE HOLDINGS, LLC, a Delaware limited liability company. He /she is personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC SEAL;`,:.", f7ORA8EREBREOK # * W WNM WON i PF 81M Printed Name: P - p ac�s:aatzz.2on Commission Expires: 41Sa/ [Signatures continue on following page] Packet Page -1604- Signed, sealed and delivered in the presence of Witnel3s P Name: .� U►"` U, Witness Printed Name: l_C STATE OF COUNTY OF Col I D/r 6/11/2013 161.2. SIERRA MEADOWS, LLC, a Florida limited liability company Print Name: Title: Date: Date: Th foregoing instrument Ar aclmowledged �e�re me this � day of c� 2013, by Ke 5- Carn'r,,� 1� �a of SIERRA N OWS, LLC, a Florida limited liability compan . He/she is personally known to me, or [ of has produced driver's license no. e 514 S 1 :. ; -4- f as identification. Mwpa 1. SCHUMACHER NOTARY PUBLIC Hoerr ftft . ft" oI ftwa SEA M► COMM, ExOn A" e. 2016 Printed Name: Commission Expires: � 8r , 2-0/(n [Signatures continue on following page] Packet Page -1605- 6/11/2013 161.2. Signed, sealed and delivered in the PELICAN BAY /HAMMOCK WOODS II, LLC, a Florida presence of: limited liability company &hAL 0QlXQ Witness Printed Name Cl !� qq u' By: Print Name: 0� G• V3���c�r•. Witness ` ll Printed Name: 6t1t��sJ`cd Title: Date: 5' % N STATE OF �OJ %Ch., COUNTY OF F-\V The for going instru ent was acknowled d before me this day of NO 2013, by 0'` C,*41�¢�e�.� as of PELICAN BAY /HAMMOCK WOODS I , LC, a Florida limited liability company. He 4M is personally known to me, oe r"]'ttas produce tion. NOTARY PUBLIC SEAL ' —%0V \-Ov:% Printed Name: _ 0 Q0 -%4 1-0--L Commission Expires: \V' N%•t' .t 7 [Signatures continue on following page] Packet Page -1606- 6/11/2013 165.2. Signed, sealed and delivered in SWAN FM, LLC a Foreign limited liability the presence of company :29 Za&tr� Witness Printed Name: By: Print Name: V.tS .S Ai ess Printed Name: G Title: Date: --3 STATE OF L,5 COUNTY OF -), The 'instrument was acknowled ed before me th� ` d y of RUB 2013, by e -tt a\Ao&S , as N�f"(�-Icz- of SW , LLC, a Foreign limited liability company. He/she is personally known to me, or [ ] has produced driver's license no, V)"t � `, � )- l 9 Z.. Q Z, as identification. r' 1 KSTAITEOFTEXAS Nt)JlLl OKE ORONA RY P08UC . DcP.O zotA Printed Name: Commission Expires: [Signatures continue on following page] Packet Page -1607- ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk to form and legal Jeffr( 6/11/2013 16.F.2. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ. CHAIRWOMAN 7 Packet Page -1608- 6/11/2013 16. F.2. Exhibit "A" Impact Fee Credit Allocations Parcel Ownership Credit Allocation Residential (Tract 8) Sierra Grande Holdings, LLC $60,841.58 Commercial Lot 1 Sierra Meadows, LLC $7,944.43 Lot 2 Sierra Meadows, LLC $7,360.62 Lot 3 Sierra Meadows, LLC $5,753.01 Lot 4 Pelican Bay /Hammock Woods II $12,952.79 Lot 5 Swann FM LLC $6,278.90 Lot 6 Sierra Meadows, LLC $9,084.70 Lot 7 Sierra Meadows, LLC $8,993.53 Lot 8 Sierra Meadows, LLC $31,092.44 Lot 9 Sierra Meadows, LLC $33,298.00 Sub -total (Commercial) $122,758.42 TOTAL $183,600.00 Packet Page -1609-