Agenda 06/26/2012 Item #11F6/26/2012 Item 11. F.
EXECUTIVE SUMMARY
Recommendation to approve the termination of a Developer Contribution Agreement
(DCA) between Collier County ( "County ") and Waterways Joint Venture V and approve a
new DCA between the County, Bent Creek Preserve LLC ( "Bent Creek "), Calusa Pines
Golf Club LLC ( "Calusa") and Wells Fargo Bank, N.A. ( "Bank ") to fund, design, permit,
and construct a portion of Woodcrest Drive from Immokalee Road to Acremaker Road.
OBJECTIVE: That the Board of County Commissioners (BCC) approve a DCA to fund,
design, permit, and construct a portion of the two lane urban collector road from Immokalee
Road to a point south of the Habitat Woodcrest PUD (Acremaker Road).
CONSIDERATIONS: The BCC approved a DCA on December 12, 2006 which is recorded in
Official Records Book 4162, Page 2816. In the original DCA the developer of Summit Lakes
RPUD was to design, permit, and construct a two lane urban collector roadway network from
Immokalee Road to Collier Boulevard for an estimated amount of $5,100,000. A letter of credit
in the amount of $2,550,000 was given to the County in lieu of prepaying one half of the
estimated Road Impact Fees for the Summit Lakes RPUD. Due to the economic down turn, the
original developer was unable to fulfill the commitments within the DCA and the County called
the letter of credit. The original developer lost the property and in October of 2011 the Summit
Lakes RPUD was purchased by Centerline Homes Enterprises Three LLC also known as Bent
Creek Preserve LLC.
The existing DCA is being repealed and replaced with a new DCA in order to allow the new
developer, Bent Creek, the ability to modify their RPUD and to complete a portion of Woodcrest
Drive commensurate with the reduction of requested dwelling units from 968 to 450. The new
DCA shall provide for the following:
• Donate at no cost to the County, the right of way within their RPUD for the future
public urban collector roadway
• Provide water management within their RPUD for the future public road
• Fully construct the two lane urban collector portion of Woodcrest Drive from
Immokalee Road south approximately 1,500 feet at no cost to the County
• Improve the existing compact lime rock road an additional 2,000 feet south to
Acremaker Road at no cost to the County
• Support construction and fair share funding for water and wastewater utility
infrastructure consistent with the Public Utilities master plan within the paved and lime
rock portion of the existing and proposed roadway
• The County will take ownership of the existing design plans for the entire prior
contemplated improvement at no cost
Upon approval of this DCA, the County shall return a portion of the letter of credit to the Bank.
Costs incurred by the County for right -of -way acquisition is estimated at $1,105,632 and will not
be returned but shall be accounted for on an impact fee credit ledger for the benefit of Bent
Creek. The balance of $1,444,368 shall be returned to the Bank, terminate their obligations, and
will mutually satisfy all claims between the Bank and the County.
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6/26/2012 Item 11.F.
The improvement is consistent with the Metropolitan Planning Organization's Long Range
Transportation Plan highway needs plan and will now be a phased project. Additional roadway
improvements will be completed as developments that front Woodcrest Drive, Massey Street and
Tree Farm Road come on line and ultimately connect Collier Boulevard, Immokalee Road and
Vanderbilt Beach Road. The connection will improve public safety, improve connectivity and
reduce vehicle miles of travel as an alternative route for the Collier Boulevard /Immokalee Road
intersection.
FISCAL IMPACT: The Developer will receive road impact fee credits in the amount of
51,105,632 for the right -of -way acquisition only from fund 338 in road impact fee district six.
There will be no road impact fee credits for the roadway improvements.
GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the Long
Range Transportation Plan and the Growth Management Plan.
LEGAL CONSIDERATIONS: The County Attorney prepared the attached Agreement, which
requires majority vote for approval. This is a companion item to, and conditioned upon the
approval of, the proposed Bent Creek Preserve Master RPUD. -JAK
RECOMMENDATION: That the BCC approve the termination of the DCA between the
County and Waterways Joint Venture V and approve a new DCA between the County, Bent
Creek, Calusa and Bank to fund, design, permit, and construct a portion of Woodcrest Drive
from Immokalee Road to Acremaker Road; authorize the Chairman to execute the DCA.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
Attachments: 1) Existing DCA; 2) New DCA with Exhibits; 3) Site Maps
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6/26/2012 Item 11.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F.
Item Summary: Recommendation to approve the termination of a Developer
Contribution Agreement (DCA) between Collier County ( "County ") and Waterways Joint
Venture V and approve a new DCA between the County, Bent Creek Preserve LLC ( "Bent
Creek "), Calusa Pines Golf Club LLC ( "Calusa ") and Wells Fargo Bank, N.A. ( "Bank ") to fund,
design, permit, and construct a portion of Woodcrest Drive from Immokalee Road to Acremaker
Road. This item is a companion to Item 9A. (PUDA) (Nick Casalanguida, Growth Management
Division Administrator)
Meeting Date: 6/26/2012
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
3/29/2012 12:58:49 PM
Submitted by
Title: Deputy Administrator - GMD,Business Management & Budget Office
Name: CasalanguidaNick
3/29/2012 12:58:50 PM
Approved By
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 6/6/2012 5:23:57 PM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 6/7/2012 9:48:55 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/12/2012 9:53:44 AM
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Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 6/12/2012 12:20:20 PM
Name: LaPierreBarbara
Title: Management /Budget Analyst,Transportation Administr
Date: 6/12/2012 1:24:14 PM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
Date: 6/13/2012 11:12:54 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2012 4:54:23 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/18/2012 1:58:52 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/18/2012 2:23:27 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 3:42:09 PM
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6/26/2012 Item 11.F.
El
6/26/2012 Item 11.F.
DEVELOPER CONTRIBUTION AGREEMENT
BENT CREEK PRESERVE
(Successor to Developer Contribution Agreement dated December 13, 2006)
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as
the "Agreement" ) is entered into this _ day of June, 2012, by and between BENT
CREEK PRESERVE, LLC, f /k/a CENTERLINE HOMES ENTERPRISES THREE,
LLC, a Florida limited liability company and its successors, assigns and subsequent
owner /developer ("Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida
limited liability company and its successors, assigns and subsequent owner /developer
( "Calusa "); WELLS FARGO BANK, N.A.; and COLLIER COUNTY, FLORIDA (the
"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, Waterways Joint Venture V, a Florida partnership, was the owner of
approximately 138.3 acres of land in unincorporated Collier County, Florida, located on
the south side of Immokalee Road (CR -846), and approximately one half mile east of the
intersection of Collier Boulevard (CR -951), and is adjacent to Woodcrest Drive
(hereinafter referred to as the "Development "). The Development is intended to be
constructed on Tracts R and RA as depicted on the Bent Creek Preserve Master RPUD
Plan, attached hereto as Exhibit "A" and which is pending approval by the Collier County
Board of Commissioners; and
WHEREAS, Waterways Joint Venture V and the County have previously entered
into that certain Developer Contribution Agreement Summit Lakes dated December 13,
2006 and recorded in Official Records Book 4162, Page 2816, Public Records of Collier
County, Florida (the "2006 Developer Agreement")-, and
WHEREAS, Section 6.5 - Transportation - of the Summit Lakes RPUD, approved
by the Board of County Commissioners on December 12, 2006, subsections "Q" and "R"
states as follows:
"Q. The developer shall build a local road cross- section on Woodcrest Drive from
Immokalee Road to the southern boundary of the proposed Habitat Woodcrest RPUD.
1. If the right -of -way for the entire road is not available, the Developer shall
construct the portion that has sufficient right -of -way. Where the right -of -way is
not available, the Developer shall pay in lieu of construction within 30 days of the
right- of -wqy permit issuance.
2. Should the County approve a Developer Contribution Agreement (DCA), such
agreement shall provide road impact fee credits for the design, construction, and
permitting, including environmental mitigation, for the upgrade from a local road
to a minor collector road.
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6/26/2012 Item 11.F.
R. The developer shall dedicate to the County, at no cost to the County, and within 90
days of rezone approval, approximately 1.51 acres for Woodcrest Drive right-of-way.
This dedication shall not be eligible for road impact fees "; and
WHEREAS, according to the terms of the 2006 Developer Agreement,
Waterways Joint Venture V was vested transportation concurrency rights to the
Development in exchange for Waterways Joint Venture V designing, permitting, and
constructing a two lane urban collector road connecting Immokalee Road with Collier
Boulevard and Vanderbilt Beach Road through a connection to Massey Street for the sum
of $5,100,000 in Road Impact Fee Credits; and
WHEREAS, pursuant to the terms of the Developer Agreement, on March 8,
2007, Waterways Joint Venture V provided an Irrevocable Standby Letter of Credit
issued by Wells Fargo Bank, N.A., as successor (by merger) to Wachovia Bank, N.A
(the `Bank ") in the amount of $2,550,000.00, equal to one -half (1 /2) of the County's
estimated Road Impact Fees; and
WHEREAS, Waterways Joint Venture V failed to meet its obligations under the
Developer Contribution Agreement. On September 9, 2010, the County called the
Irrevocable Standby Letter of Credit; and
WHEREAS, on September 2, 2010, Bank filed a Verified Complaint in the
Circuit Court of Collier County naming Waterways Joint Venture V, LLC (as successor
by conversion to Waterways Joint Venture V) as a defendant and requesting the Court to
enter a judgment of foreclosure with respect to the Bank's first priority mortgage on the
real and personal property comprising the Development (the "Collateral "); and
WHEREAS, on June 23, 2011, Bank obtained a Summary Final Judgment of
Foreclosure against Waterways Joint Venture V, LLC with respect to the Collateral
(the "Judgment "); and
WHEREAS, on October 28, 2011, Bank executed an Assignment of Rights, a
copy of which is recorded in Official Records Book 4731, Page 2059, Public Records of
Collier County, Florida, thereby assigning to Bent Creek all of Bank's right, title, and
interest in the Judgment and the Collateral (save and except the Bank's right to receive
the LOC Refund, as defined below, from the County, which LOC Refund shall be paid to
Wells Fargo Bank, N.A.); and
WHEREAS, Calusa is the owner of a proposed residential project on the east side
of the future Woodcrest Drive opposite Bent Creek Preserve RPUD (formerly the
Summit Lakes RPUD), will be benefitted by the Project (as hereinafter defined) and
desires to participate in the funding of a portion of the Project; and
WHEREAS, the Growth Management Administrator has recommended to the
Board of County Commissioners that the conveyance set forth in this Agreement
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6/26/2012 Item 11.F.
(hereinafter referred to as the "Proposed Plan") is in conformity with contemplated
improvements and additions to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the
Board finds and reaffirms that:
a. The subject Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or
proposed plans, including those from other developers, will not adversely
impact the cash flow or liquidity of the County's road impact fee trust
accounts in such a way as to frustrate or interfere with other planned or
ongoing growth- necessitated capital improvements and additions to the
County's transportation system;
C. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted or proposed five -
year capital improvement program for the County's transportation system,
the Long Range Transportation Plan and complies with the requirements
of the Collier County Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for 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. Except as expressly set forth
below, this Agreement supersedes and replaces in its entirety the 2006 Developer
Agreement, which on execution of this Agreement is terminated in its entirety and is of
no further force or effect.
2. Pursuant to the terms of the 2006 Developer Agreement, the County has
incurred or will incur Right -of -Way costs of approximately $1,105,632, as follows:
• Expended $833,632
• Projected (Warm Springs) $272,000
• Bent Creek Preserve Estimated S-0-
Total Costs $1,105,632
3. The parties agree that the County will deduct the total costs incurred
pursuant to the 2006 Developer Agreement (as set forth above in paragraph 2) from the
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6/26/2012 Item 11. F.
$2,550,000.00 funds received in accordance with the terms of the Irrevocable Standby
Letter of Credit and will record on the Bent Creek Preserve Road Impact Fee Credit
Ledger an Impact Fee Credit of $1,105,632.00.
4. By its execution of the joinder attached to this Agreement, Bank stipulates
that the recitals set forth above which concern Bank are in all manner and respect
accurate and true, and that County may justifiably rely on these recitals in entering into
this Agreement. In partial consideration for such reliance, after reimbursement of the
foregoing costs to the County, Bank (as the party that paid the $2,550,000.00 to the
County under the Irrevocable Letter of Credit) will receive a refund of the excess funds
from the Irrevocable Standby Letter of Credit for a total refund in the amount of
$1,444,368.00 (one million four hundred forty -four thousand three hundred sixty- eight
dollars) (the "LOC Refund "). The LOC Refund shall be paid to Bank by the County
within forty -five (45) days after the date this Agreement is fully executed. With the
exception of the foregoing stipulation as to the recitals and agreement to pay the LOC
Refund to the Bank, and as partial consideration for the LOC Refund, Bank and the
County hereby mutually release one another from all claims and obligations of whatever
kind with respect to all matters concerned by both this Agreement and the 2006
Developer Agreement. Except as set forth in this paragraph, Bank is not a party to the
remainder of this Agreement and the other terms of this Agreement shall not apply to
Bank.
Road and Utility Improvements.
(a) On execution of this Agreement, the County will receive full ownership of
the design plans for Woodcrest/Tree Farm/Massey Road as completed to date, free and
clear of any claims or encumbrances.
(b) Bent Creek shall be responsible to construct a road extending from
Immokalee Road to a point which is south of the Habitat Woodcrest RPUD entrance (the
"Road ") as shown on the drawing marked as Exhibit "B" referenced below and attached
hereto, and shall also be responsible to construct certain water and wastewater utilities
(the "Utilities "), as depicted in Exhibit "D" and referenced below, within the road for the
purpose of temporarily servicing the Bent Creek Preserve RPUD, Habitat Woodcrest
RPUD, and the neighboring Calusa Pines proposed residential development project (the
Road, Water Management, and Utilities design and construction including CEI and any
needed design services shall be referred to as the "Project "). Although Bent Creek shall
be responsible for constructing these improvements, the owner /developer of the Calusa
Pines project shall be responsible for paying to Bent Creek its share of cost for the
temporary Utility improvements only, based upon its pro -rata fair share determined based
upon the proposed number of residential units for the Bent Creek Preserve RPUD and
Calusa Pines projects. Bent Creek and the owner of the Calusa Pines project have
entered into a separate agreement confirming the construction of the Utilities and the
specific allocations of cost to each for such improvements.
C7
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6/26/2012 Item 11. F.
(c) Bent Creek shall utilize the design drawings prepared by CH2MHiIl, as set
forth in Exhibits "B" and "C" in order to permit and construct (i) the Road to urban
collector road standards, and (ii) shall construct a compacted lime -rock road on fill at the
cross - section elevations proposed on the Tree Farm Road/Woodcrest Drive roadway
plans prepared by CH2M -Hill from that point shown on Exhibit "C ", Section B -B and
Section C -C to the intersection of Woodcrest Drive and Acremaker Road; provided,
however, that the cost of design, permitting, environmental mitigation, clearing, grading,
acquiring fill and associated construction costs beyond that required to simply place
compacted lime -rock on the existing dirt road as depicted in Exhibit "C" Section GC
shall be the responsibility of Collier County Public Utilities Division, Bent Creek may
construct these sections of road in phases such that if Bent Creek is ready to permit and
construct that portion of the road referenced in 5(c)(i) herein prior to the Collier County
Public Utilities Division completing its obligations referenced in 5(c)(ii), Bent Creek
shall be permitted to construct the road improvements referenced in 5(c)(i) and shall
complete the road as provided in 5(c)(ii) at such later date when Collier County Public
Utilities has completed its obligations for permitting and financing such construction.
The typical road sections for the Project are set forth in the Exhibit "C ". In addition,
Bent Creek shall also construct the Utilities according to the proposed utility designs in
accordance with the drawings prepared by RWA, Inc. and approved by the Collier
County Public Utilities Division attached hereto as Exhibit "D ".
(d) The County anticipates that its utilities department may desire to make
modifications to the Utilities as depicted in Exhibit "D ". The County shall have a period
of one year from the date the Collier County Board of Commissioners approves this
Amendment within which to design, permit and notify Bent Creek of the required
modifications to the wastewater Utilities. If written notice of design and permit approval
is given within the one year period, then the Utilities shall be modified in accordance
with the modified Utilities as prepared by the County. In the event the County fails to
notify Bent Creek of any required modifications to the utilities within this one year
period, Bent Creek may proceed with the construction of the Utilities as depicted on
Exhibit "D ", which may be utilized to satisfy the wastewater needs of the Development
and the Calusa property on a temporary basis. Notwithstanding the foregoing, the County
recognizes that Bent Creek and/or Calusa may need to construct the Utilities as depicted
in Exhibit "D ", prior to the expiration of the one year period in the event either Bent
Creek or Calusa will require the Utilities to obtain certificates of occupancy for homes
under construction prior to the time that the County advises Bent Creek and Calusa that it
will be in a position to deliver the wastewater Utilities to their respective properties. In
such event, Bent Creek shall be permitted to construct the Utilities as currently depicted
in Exhibit "D" prior to the expiration of the one year period. Bent Creek, Calusa and the
County shall communicate on a monthly basis regarding the County's progress on the
design, permitting and construction of the wastewater Utilities so that each is fully aware
of the time frame within which Bent Creek and/or Calusa may need the Utilities. Should
Bent Creek and/or Calusa proceed forward with the construction of the Utilities because
it will require the Utilities to obtain certificates of occupancy prior to the time in which
the County will be able to deliver the wastewater utilities to the properties, then upon
completion of such construction Bent Creek and the owner of the Calusa Pines project
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6/26/2012 Item 11.F.
shall have met all of their cost obligations relative to the construction of the Utilities, and
the Collier County Public Utilities Division shall be responsible for all costs associated
with the modification of the Utilities noted above, if the County chooses to construct such
modifications. It is expressly understood and agreed that in the event Collier County
Public Utilities is ready to move forward with modifications to the Utilities as shown in
Exhibit "D" and has permitted same prior to Bent Creek commencing construction of the
temporary Utilities as depicted in Exhibit "D ", then Bent Creek and Calusa's fair share
cost obligations for such modified Utilities shall in no event be greater than the actual
estimated cost to construct the temporary wastewater Utilities as shown on Exhibit "D ",
as evidenced by estimates for temporary utility connections (Options 1 and 2) attached
hereto as Exhibit "G ". The actual construction of the Utilities as modified by the County
shall be the responsibility of the County, and not that of Bent Creek or Calusa. The
County shall complete the construction of the Utilities within nine months of providing
notice to Bent Creek that the County is modifying the Utilities.
(e) Bent Creek shall also convey at no cost to the County the right -of -way necessary
to accommodate the urban collector road section along the eastern boundary of the Bent
Creek Preserve RPUD, the legal description and sketch of which is attached hereto as
Exhibit "E ", within ninety days of approval of this Developer Agreement, which ninety
day period may be extended by the County Manager, or his designee, for good cause
shown. In addition to providing County a warranty deed to the proposed right -of -way,
developer shall provide County an attorney's opinion of title to the proposed right -of-
way, and shall do all things reasonable and necessary to secure release(s) from the lien of
any mortgage(s), judgment, lease, and / or the removal of any other lien placed upon the
proposed right -of -way in accordance with the provisions of Chapter 713, Florida Statutes,
at no cost to County. Bent Creek shall cooperate with the County in connection with the
relocation, subordination, and / or release of any easements encumbering the proposed
right -of -way. Bent Creek shall complete the construction of the Project no later than the
earlier to occur of (a) the issuance of the 150'h building permit within the Development;
or (b) two years from Bent Creek's commencement of land development (horizontal
improvements) at the Development; or (c) one year from the date Bent Creek obtains
permits for the Project, unless delays in permitting or delays caused by the County
requiring modifications to the Utilities as provided in 5(c) above cause the
commencement of the Project to be delayed, in which event the time period to complete
construction of the Project shall be extended day - far -day for the number of days in which
the any such delays have delayed commencement of the Project. The Project
improvements described herein, water management, and the right -of -way conveyance
shall not be eligible for road impact fee credits. Bent Creek shall fully cooperate with the
County Public Utilities Division in the construction of any modified Utilities once the
County Public Utilities Division has fully designed, financed, permitted, and
environmentally mitigated the modified plans for the construction of water, wastewater
and irrigation quality water facilities within the proposed Tree Farm Road/Woodcrest
Drive project limits. In addition, Bent Creek shall connect to the Collier County
wastewater system at one point on Woodcrest Drive via one submaster pump station
design with variable frequency drives as approved by County planning and project
management staff.
•
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6/26/2012 Item 11.F.
(f) As depicted in Exhibit "B ", Bent Creek will plan for the acceptance of
storm water runoff for a two lane urban cross section as shown in Section "A -A" on
Exhibit "C" for the Woodcrest Drive right of way from Immokalee Road to Acremaker
Road into the Bent Creek Preserve RPUD as part of the Environmental Resource Permit
modification with the South Florida Water Management District and associated with the
future development of the site. The acceptance of the storm water runoff will provide for
the water quality treatment and storm water attenuation of the proposed Woodcrest Drive
roadway improvements and associated right of way from Immokalee Road south to
Acremaker Road. The Woodcrest Drive roadway and utility improvements will be
permitted by Bent Creek under separate applications to the appropriate agency with
jurisdiction and not as part of any permit applications associated within the Bent Creek
Preserve RPUD property boundary. Upon Bent Creek's request, the County will be a
joint applicant on the permit however; Bent Creek shall be responsible for all permitting
and design costs.
6. Bent Creek shall be solely responsible for all costs associated with the
design, permitting and construction costs for utilities associated with the Project. No
impact fees shall be granted for any of these costs.
7. Bent Creek shall receive Road Impact Fee credits in the amount of
$1,105,632.00 as full compensation for the prior and future Right -of -Way purchases as
described in paragraph two above.. A copy of the Impact Fee Ledger, setting forth the
amount of Impact Fee Credits granted pursuant to this Agreement, is attached as Exhibit
"F ".
&. The credit for Road Impact Fees identified herein shall run with the
Development and shall be reduced by the entire amount of each Road Impact Fee due for
each Building Permit issued thereon until the Development project is either completed or
the credits are exhausted or otherwise no longer available, or have been assigned by
operation of or pursuant to an assignment agreement with County. The foregoing
reduction in the Road Impact Fees shall be calculated based on the amount of the Road
Impact Fees in effect at the time the Building Permit is issued. The credits set forth
herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or
reduce any other charges, fees or other Impact Fees for which Bent Creek, its successors
and assigns are responsible in connection with the development of their lands. It is
expressly understood that the Impact Fee Credits will be utilized in the order in which the
Building Permits are reviewed by the Impact Fee Administration, irrespective of whether
Bent Creek assigns all or part of the Development.
9. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which
amended the Consolidated Ir pact Fee Ordinance to provide that a COA in perpetuity
will be issued upon payment' of thirty -three percent of the estimated road impact fees.
The Road Impact Fee Credit in the amount of $1,105,632.00 surpasses thirty -three
percent of the estimated road impact fees based on current rates for 450 single family
detached units. Within ninety days of approval of this Agreement, County shall issue to
Bent Creek a Certificate of Adequate Public Facilities ( "Certificate ") vesting the
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6/26/2012 Item 11. F.
Development to construct 450 single family dwelling units for the purposes of meeting
the County's Transportation Concurrency requirements. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in
effect at the time of the submittal of the building permits and shall be paid in full prior to
issuance of each building permit.
10. In the event that upon build -out of the Development the Road Impact Fee
Credits are still unspent, the remaining balance of such estimated fees may, at Bent
Creek's election (1) be transferred to another approved project within the same, or
adjacent transportation impact fee district, provided any vested entitlements associated
with the unspent and transferred impact fee credits are relinquished and the Certificate is
modified to delete those entitlements, or (2) be promptly returned to Bent Creek. Such
reimbursement shall be made over a period of five years from the date of completion of
the development as determined by the County, subject to annual appropriation by the
County.
11, Bent Creek, at its sole cost and expense to permit and contract, may
excavate additional material from the County's roadway drainage pond adjacent to the
Bent Creek Preserve RPUD. Bent Creek, at its sole cost and expense to permit and
contract, may fill the County's roadway drainage pond within the Bent Creek Preserve
RPUD as long as drainage from Immokalee Road that currently is routed to this drainage
pond is accommodated and permitted within the Bent Creek Preserve storm water
management system.
12. The Project shall be submitted for review, permitting and inspection
through the Collier County Engineering Services Department and the Collier County
Transportation Right -Of -Way Department. All permit applications will be filed on behalf
of the County. Final acceptance shall be consistent with the typical County acceptance
process for public roads.
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
14. 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.
Upon giving written notice to the County, Bent Creek may assign all or part of the Road
Impact Fee Credits, utilizing the County's then current form of assignment, to successor
owners of all of part of the Development, or as otherwise provided for in the Collier
County Consolidated Impact Fee Ordinance.
15, Bent Creek acknowledges that the failure of this Agreement to address
any permit, condition, tern 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.
16. 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'
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6/26/2012 Item 11.17.
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.
17. 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 Countv:
Attn: Nick Casalanguida
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239) 252 -6064
To Bent Creek Preserve, LLC:
Attn: Robert Stiegele and Jeff Kronengold
825 Coral Ridge Drive
Coral Springs, FL 33071
Phone: (954) 344 -8040
Facsimile: (954) 344 -4176
To Calusa Pines Golf Club, LLC:
Attn: Chris Johnson
20 North Wacker Drive, #1750
Chicago, IL 60606
Phone: (312) 422 -5466
Facsimile: (312) 422- 0363
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.
18. 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. Bent Creek shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the other parties, upon request.
19. 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.
20. Any future reimbursement for excess credits shall come from future
receipts by the County of Road Impact Fees. However, no reimbursement shall be paid
9
Packet Page -567-
6/26/2012 Item 11. F.
until such time as all development, as defined by the County Manager or his designee, at
the location that was subject to the credit has been completed. Such reimbursement shall
be made over a period of five (5) years from the completion of the Development.
21. 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 and to report the credit applied toward
payment of road impact fees and the balance of available unused credit. 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
10
Packet Page -568-
6/26/2012 Item 111.
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
, Deputy Clerk
AS TO BENT CREEK:
Signed, sealed and delivered
in the presence of:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WE
FRED COYLE, Chairman
BENT CREEK PRESERVE, LLC, f/k/a
CENTERLINE HOMES ENTERPRISES
THREE, LLC, a Florida limited liability
company
By:_
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2012, by , as of Bent Creek
Preserve, LLC, fWa Centerline Homes Enterprises Three, LLC, a Florida limited liability
company, who is personally known to me or has produced
as identification.
Notary Public
My Commission Expires:
11
Packet Page -569-
6/26/2012 Item 11.F.
AS TO CALUSA: CALUSA PINES GOLF CLUB, L.L.C., a
Florida limited liability company
Signed, sealed a_ nd delivered By:_
in the presence of: Name:
Title:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of
2012, by , as of Calusa Pines
Golf Club, L.L.C., a Florida limited liability company, who is personally known to me
or has produced as identification.
Notary Public
My Commission Expires:
12
Packet Page -570-
is
6/26/2012 Item 11.F.
JOINDER OF BANK
WELLS FARGO BANK, N.A. ( "Bank ") hereby joins in the foregoing Agreement for the
sole purpose of agreeing to the stipulations, provisions, and mutual releases set forth in
paragraph 4 thereof.
AS TO BANK:
Signed, sealed and delivered
in the presence of:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing
WELLS FARGO BANK, N.A.
By:_
Name:
Title:
instrument was acknowledged
_ 2012, by
Bank, N.A., who is personally known to
as identification.
before me this day of
as Vice President of Wells Fargo
me or has produced
Notary Public
My Commission Expires:
13
Packet Page -571-
6/26/2012 Item 11. F.
LIST OF EXHIBITS ATTACHED TO AGREEMENT
Exhibit "A" Master Plan
Exhibit `B" Scope of Project
Exhibit "C" Typical Road Sections
Exhibit "D" Utilities
Exhibit "E" Legal Description & Sketch of ROW Conveyance
Exhibit "F" Impact Fee Credit Ledger
Exhibit "G" Estimates for Temporary Utility Connections (Options 1 and 2)
LJ
14
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IL21
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S WATERWAYS JOINT VENTURE V N m m
TAX PARCEL 1.0 26 -48 -26 m CALUSA PINES
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LEGAL DESCRIPTION FOR PARCEL 109
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE 5.02'18'34 "E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF
THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE S.89'59'40"W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 35.03 FEET;
THENCE N.02'18'34W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID
SECTION 26, FOR 667.31 FEET;
THENCE N.02'19'44W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, FOR 1,339.53
FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3408, PAGE 2611, OF
SAID PUBLIC RECORDS;
THENCE S.89'59'07 "E. ALONG SAID NORTH LINE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26;
THENCE S.02'19'44`E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE N.89'59'21"W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE
PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS;
THENCE S. 02'1 9'44"E. ALONG THE EAST LINE OF SAID PARCEL, FOR 267.80 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL AND A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF
SAID PUBLIC RECORDS;
THENCE S.89'58'28 "E. ALONG SAID NORTH LINE, FOR 30.03 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL
CONTAINING 62,205 SQUARE FEET OR 1.43 ACRES, MORE OR LESS.
0 150 BDO 600 g{;
SKETCH do DESCRIPTION ONLY DENNIS nitssw SURVEYOR a MAPPER A R SM�wATE
NOT A BOUNDARY SURVEY BOAIN.: 1' -300' SING DATE
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS NADTr� p� REARED P SIGNATURE B aq= RAISED MPPEk EMBOSSED scv. or
WOODCREST DRIVE
SKETCH & DESCRIPTION OF: PROPOSED RIGHT -OF -RAY CONSULTING (ivlf ms
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PARCEL. 109 6610 WaI w Perk W-, Site 200
Made &, F1onW 34109
COLDER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597-0576
LB N., 6952
JOB NUMBER I REVISION SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY I FILE NAME SHEET
030008. 0.06 00011 1 26 48S 26E 1" = 300' 05/10/07 PTN SK 109 1 OF 1
Packet Page -577-
6/26/2012 Item 11.F.
EXHIBIT F
DEVELOPER AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
impact fee ledger Beginning Balance $1,105,632.00
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beginning Balance $1,105,632.00
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Packet Page -578-
6/26/2012 Item 11.F.
V,
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Z t ♦ T1 1 Surveying & Mapping
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
Forcemain
Date: 04-23 -2012
Estimated By. Doyle Nichols
Checked By. Michael Pappas
OPTION #1 Force Main
UNIT
QUANTITY
UNTT
TOTAL
COST
Mobilization
LS
1
$4,000.00
$4,000.00
M.O.T.
LS
1
$3,500.00
$3,500.00
Staked Silt Fence
LF
1,913
$1.25
$2,391.25
Floating Turbidity Barrier
LF
100
$18.50
$1,850.00
Misc.Cleanng &Removal
LS
1
$2,000.00
$2,000.00
F.M. Hot Tap (16 "x6") & Tie -in
EA
1
$3,500.00
$3,500.00
6" Directional Drill under Immokalee & Canal, 50 taper from 20' Depth to Ton Quarry
LF
300
$150.00
$45,000.00
6" HDPE Carrier Pipe
LF
300
$22.00
$6,600.00
Connection from HDPE to PVC
EA
2
$500.00
$1,000.00
Install 6" PVC F.Nt, (1275' Woodcrest Drive, 638' along Quarry Drive)
LF
1,913
$15.00
$28,695.00
6" Plug Valves, F.M
EA
4
$1,500.00
$6,000.00
A.RV. for F. M.
EA
2
$1,500.00
$3,000.00
Fine Grading Area for Sod
SY
2,500
$0.50
$1,250.00
Sodding, Bahia -
SY
2,500
$1.50
$3,750.00
Landscape Allowance
LS
1
$7,500.00
$7,500.00
Sub -Total FM Option 41 $120,036.25
With 10% Contingency $132,039.88
Assumptions
1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc.
2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary.
0:\2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xls 1 of 2
Packet Page -579-
INC.
Planning
Visualisation
Z t V V1 1 Surveying & Mapping
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
Forcemain
OPTION #2 Force Main
Mobilization
M.O.T.
Staked Silt Fence
Floating Turbdity Barrier
Misc. Clearing & Removals
F.M. Hot Tap (16 "x6 ")
6"Directional Drill under h amokalee & Canal, 50 taper from 20' Depth to 3' by Drive
6" HDPE Carrier Pipe
Connection from HDPE to PVC
Install 6" PVC F.M. (1275' Woodcrest Dr., 600' West on Immokalee Rd., 95' to Limestone
Trail)
6" Plug Valves
A.R. V. for F.M.
Fine Grading for Sod
Sodding, Bahia
Landscape Allowance
Sub -Total FM Option 42
With 10% Contingency
6/26/2012 Item 11.F.
LS
1
$4,000.00
$4,000.00
LS
1
$3,000.00
$3,000.00
LF
1,970
$1.25
$2,462.50
LF
100
$18.50
$1,850.00
LS
1
$3,300.00
$3,300.00
LS
1
$3,500.00
$3,500.00
LF
300
$150.00
$45,000.00
LF
300
$22.00
56,600.00
EA
2
$500.00
$1,000.00
LF
1,970
$15.00
$29,550.00
LF
4
$1,500.00
$6,000.00
EA
2
$1,500.00
$3,000.00
SY
2,600
$0.50
$1,300.00
SY
2,600
$1.50
$3,900.00
LS
1
$3,000.00
$3,000.00
Assumptions
1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. Cost savings when two options will be combined
2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary.
$117,462.50
S129,208.751
0:\2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility •
Options OPC Rev.xis 2 of 2
Packet Page -580-
Retn: 3953470 OR: 4162 PG: 2 6/26/2012 Item 11.F.
CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 17.00
INTEROFFICE 4TH FLOOR 12/29/2006 at 03:06FN DWIGHT 1. BROCK, CLERK
BIT 8406
DEVELOPER CONTRIBUTION AGREEMENT
SUMMIT LAKES
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into this ` of_.be�', 2006, by and between
WATERWAYS JOINT VENTURES V (hereinafter referred to as the "Developer "), with an
address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY,
FLORIDA, a political subdivision of the State of 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, Developer is the owner of approximately 138.3 acres of land in
unincorporated Collier County, Florida, located on the south side of Immokalee Road (CR -846),
approximately one half mile east of the intersection of Collier Boulevard (CR -951) and
Immokalee Road, and is adjacent to WDOI s on which 968 multi-family residential
units will be constructed (hereinafter evelopment "). The Development will
be constructed on Tracts R, and", , depicted on ,.
. ''''. ,, p ' S,haz�amit Lakes RPUD Master Plan,
approved by the Collier County Board of County Commissioners on December 12, 2006. The
RPUD Master Plan depicting
WHEREAS, Developer iVw..
vested concurrency rights torte l
permitting, and constructing�,a,,o�
Collier Boulevard and VandebiG`Be
of $5,100,000 in Road Impact M
WHEREAS, the Count 1
building of this connector road at a
County could procure; and
as Exhibit A; and
g r ontr itto t his ` $r&em&nt, which grants Developer
elgpmeit ex age foil the Developer designing,
urban c611t44or rtr�co�ting Immokalee Road with
Road througlA `t�or corinee/to Massey Street for the sum
>; and
to enter into,s�greement in order to accelerate the
:mow q7;� xy' believes is less than that which the
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") is in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that:
a. The subject Proposed Plan is in conformity with the contemplated improvements
and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to
Packet Page -581-
6/26/2012 Item 11. F.
OR: iaz vu: ail
frustrate or interfere with other planned or ongoing growth- necessitated capital
improvements and additions to the County's transportation system;
C. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five -year capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County
Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for 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 fol,�
1. All of the above, A LS are true ~n ect and are hereby expressly
incorporated herein by referencias Wset forth fully below.
2. Developer will dtspe� two lane urban collector road
section known as the Tree Farm, �V€�o re l " e I I aahve roadway project ( "Project ").
The scope of the Project is set f 4 m x ibit I t is 1 road isections set forth in Exhibit
C. Developer must comme�zt 03 Z zpo`f e of � ' notice from � ` ,. �t�l) the County to
proceed, which notice shall provide Developer with rooir tl4t�. M necessary right -of -way has
been acquired and the County p� tpits have been appr' d i a17,N) April 1, 2008. The Developer
must complete the Project withi tfca` ears from commet, failing which Developer will
pay the County the sum of $1,OOac- day�he_I'ro "'%S not completed. Should the County
fail to have all necessary right- of -wak-a nid��oz any of the necessary permits not be
approved by April 1, 2008, then Developer s a be entitled to an adjustment of the Project's
costs consisting of a 1.25% monthly inflation factor until the permits and right -of -way have been
secured. In the case that the right -of -way has been provided and the permits are not approved the
adjustment is contingent that the Developer has been diligently pursuing all necessary permits.
3. Developer shall be solely responsible for all costs associated with the design,
permitting and construction costs for utilities associated with the Project. No impact fees shall
be granted for any of these costs.
4. Developer shall receive, as full compensation for the Project, the sum of
$5,100,000 in Road Impact Fee credits, upon commencement of the Project. A copy of the
Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this
Agreement, is attached as Exhibit D.
5. The credit for Road Impact Fees identified herein shall run with the Development
and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit
Page 2 of 7 }
Packet Page -582-
6/26/2012 Item 11.F.
OFD$ 71UL ru, 4010
issued thereon until the Development project is either completed or the credits are exhausted or
otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not
offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer,
its successors and assigns are responsible in connection with the development of their lands. It is
expressly understood that the Impact Fee Credits will be utilized in the order in which the
Building Permits are reviewed by the Impact Fee Administration, irrespective of whether
Developer assigns all or part of the Development.
6. Within 90 days from the date this Agreement is approved by the Board,
Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for
the Development. In lieu of payment, the Developer may choose to provide a Letter of Credit
payable at a local financial institution in a form approved by the County Attorney equal to one -
half (1/2) of the County's estimated Road Impact Fees. Upon payment of these fees or delivery
of the Letter of Credit, Developer sha ive.rtificate of Adequate Public Facilities
( "Certificate ") vesting the Develop e ,jam c -- ,dwelling units for the purposes of
meeting the County's Transpoz#t.- Concurrency grients. Final calculation of the
remaining road and other impact fees due will be based on`'th impact fee schedule in effect at
the time of the issuance of buildin J?ayiftnt of'`these4 fees vests the development
entitlements for which the C' ertifi t a9046s I q � s basis for three years unless
otherwise relinquished. This i ti 0, i�pac payment is non - refundable after
payment and receipt of the pert iic �1,Jp n cd�ncen�ent of the' construction of the Project,
the letter of credit shall be retied -- °' T" ° °'` = j 1
`
7. Not later than '9ys prior to the e� ""' of ion
p xpir the three -year period for the
Certificate, the County shall no� Developer via regist M`' rrii of the remaining balance due
for the estimated transportation im `_ i;f° to _r `
P ` scup__ _ ! Per t,'�based on level of building permits
already issued. The balance of the impattl �0!
Ve calcula ted at the rate schedule then
currently applicable. The Developer may elec�`he balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modify the Certificate to a
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to include only the entitlements for which the
estimated transportation impact fees are paid. Once the balance of the estimated transportation
impact fees is paid, those estimated fees are non - refundable. The Certificate runs continuously
with the land in perpetuity after all estimated transportation impact fees have been paid. As
building permits are drawn down on the entitlements, the estimated transportation impact fees
already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If
the estimated transportation impact fee account becomes depleted, the Developer shall pay the
currently applicable transportation impact fee for each building permit in full prior to its
issuance. In the event that upon build -out of the Development estimated transportation impact
fees are still unspent, the remaining balance of such estimated fees may, at Developer's election
(1) be transferred to another approved project within the same, or adjacent transportation impact
fee district, provided any vested entitlements associated with the unspent and transferred
Page 3 of 7
Packet Page -583-
6/26/2012 Item 11. F.
OR, utz rG; aig
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements, or (2) be promptly returned to Developer.
8. The Developer, at Developer's sole cost and expense to permit and contract, may
excavate additional material from the County's roadway drainage pond adjacent to the Summit
Lakes RPUD.
9. No certificates of occupancy will issue for the Development until June 1, 2008.
Thereafter, Developer shall be entitled to no more than 30 Certificates of Occupancy each month
until the Project is completed. Should the Project be delayed, or if this Agreement is terminated
by the Developer, the Developer shall be entitled to Certificates of Occupancy for no more than
one half (1/2) of the units approved until the Project is substantially completed.
10. The Project shall be submitted for review, permitting and inspection through the
Collier County Community Development Engineering Services Department and the Collier
County Transportation Right -Of -Way Department. All permit applications will be filed on
behalf of the County. Final acceptance sh ttent with the typical County acceptance
process for public roads.
11. This Agreen
agreement under the Florida
12. The burdens of t
Agreement shall inure to, all?suc
written notice to the County. De
utilizing the County's then cu e
Development, or as otherwise` ,
Ordinance. \
''not be construed
ri form of assignmeWt� to
xr�yided for in the
as a development
Act.
ig upon, and the benefits of this
Is q this Agreement. Upon giving
a Ol e Road Impact Fee Credits,
;censor owners of all of part of the
A &Tity Consolidated Impact Fee
� �,
13. Developer acknowledg tli It is Agreement to address any permit,
condition, term or restriction shall not relietfxcr-tfie 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.
14. 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.
15. 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:
Page 4 of 7
Packet Page -584-
f�
To County:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A.I.C.P.
Transportation Division Administrator
Phone: (239) 774 -8872
Facsimile: (239) 774 -9370
6/26/2012 Item 115.
OR: iioL rv; cocu
Waterways Joint Venture V:
Attn: Richard Davenport
14627 Collier Blvd.
Naples, Florida 34120
Phone: (239) 352 -6610
Facsimile: (239) 352 -1460
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.
16. Developer 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
into this Agreement. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded doc I veloper upon request.
17. In the event of a; 'sp fe'under this Agree, the parties shall first use the
County's then - current Alternative�ispute Resolution Proc Following the conclusion of
this procedure, either party may file or -fvr~in}ufi tive relief in the Circuit Court of Collier
County to enforce the terms of this Agree ; �e��.heing Cumulative with any and all
other remedies available to the n i s it h r , ,P'%" �ir o e rm�PP,,,P„�
18. Any future reii tu�r`' t nt '' zcess credo ai, eQme from future receipts by
the County of Road Impact F f,However, no reimbii emdntfs`l li�be paid until such time as all
development, as defined by theE ilnty Manager or hihHe_ signJe_at/ the location that was subject
to the credit has been complete�� reimbursement sla l ref made over a period of five (5)
years from the completion of the D\ ear �p teat ------ --
Q19. An annual review and audit o rformance 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 and to report the credit applied toward payment of
road impact fees and the balance of available unused credit. 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
21
Page 5 of 7
Packet Page -585-
6/26/2012 Item 115.
OR iioL rv: a4i
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
DWP� d✓'$RQCI`{Clerk
Y•
A a! In tki ty Clerk
sionxtiirts nl�
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
ignature
f
Printed Name ;--
Signature
► -� • f Y n
Printed Name
STATE OF
COUNTY OF co we Y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, Chairman
Waterways Joint Venture V
�a
Partner
The foregoing instrument was acknowledge bee a a this --Q— day of Ncenzer , 2006,
by Richard Davenport, as President of Waterways Development, Inc., as General Partner of
Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture V, who is
personally known to me or has produced as identification.
otary Pu cy, O
Print Name: r�S �2
App vQd Ls a form My Commission Expires. 2010
and
ate K �o
1' pow - sw a Fbft
A. latzkow Ca�nwiMoo E*iw A� �,
ng ssistant County Attorney E*"18kfl1
Cw" iM0A = oo MR
"ded N�orw Ate.
Page 6 of 7
Packet Page -586-
6/26/2012 Item 11.F.
OR: 1104 rU: LOLL
LIST OF EXHIBITS ATTACHED TO AGREEMENT
Exhibit "A" Graphic rendering of Development
Exhibit `B" Scope of Project
Exhibit "C" Typical Road Sections
Exhibit "D" Impact Fee Credit Ledger
` Q11- Cl-
Page 7 of 7
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EXHIBIT D
SUMMIT LAKES DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
Summit I.Wm RPUD Beginning Balance l $5,100,000.001
DATE
PERMIT #
CREDIT AMT
BALANCE
COMMENTS
Beginning Balance
$5.100,000.00
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IMMOKALEE RD (CR 846) Packet Page -599- JOIN LINE