Agenda 06/22/2010 Item #16K 4
Agenda Item No. 16K4
June 22, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approvc amcnding the October 22, 2002 Contribution Agreement, as
amended, relating to the Sabal Bay Project, by providing that impact fee credits will run
with the land in pcrpetuity, interest free, until used or assigned.
OBJECTIVE: To have the Board of County Commissioners amend a Developer Agreement to
allow the Impact fee credits to run with the land in perpetuity, interest free, until used or assigned.
Presently, the $2,586,749 in impact fee credits would expire, if unused, on October 22, 2014.
CONSIDERATION: Developer owns or otherwise controls approximately 2,400 acres south of
the intersection of Thomasson Drive and D,S. 41 East known as the Sabal Bay Project On
October 22, 2002, Developer and County entered into a Contribution Agreement for Road Impact
Fee Credits which was amended several times. The Agreement provided for impact fee credits in
exchange for certain specified off-site improvements and land donations to the County's
transportation network and LASIP stonn water project together with $254,352 in cash payment.
As amended, the Agreement provides that impact fee credits would expire on October 22, 2014.
Although the County has reccived the bcnefit of this bargain, due at least in part to the current
unprecedented economic downturn. Dcveloper has not yet been able to utilize its impact fee
credits.
_.
A number of months ago. Developer requested that the County extend this expiration date due to
the current economic elimate. At the time, changes to the Consolidated Impact Fee Ordinance
were being discussed. On May 25, 2010, the Board cnacted Ordinance No. 2010-22. which
amended the Consolidated Impact Fee Ordinance by providing for, among other things, that
impact fee credits were to run with the land in perpetuity, interest free. until used or assigned,
Previously, the Ordinance required that impact fees would expire no later than seven years from
the date of the Developer Agreement The Executive Summary to this ordinance amendment
noted that the Board would see proposed changes to several Developer Agreements consistent
with this change, This is the first of these proposed amendments to existing Developer
Agreements, which seeks to amend the Contribution Agreement as follows:
"The duration or availability of impact fee credits or cash payment pursuant to this
Gefltribution /,;;reement, shall not be for a period in excess of five (5) years from
the date the Gem:ty acknowledges completion of the-flpproved co~
fffifl1 the actuaKlate of dcdicaltftlr,--but-in--HE>-eVeffi-shalHhe duration exceed seven
(7) j'ears, e:ce1 usi';e of any controlling 11l0ffitoria, from the date of recordif!g if! the
official records. Notwithstanding thc foregeing,4e parties agree that the outside
deadliae for the duration Of a\'ailability-Bf impact fcc credits, which was initially
set at October ~'), 2000. is-hereby eKtcfldcd for u-t}criod of ti'ie (5) years to
October 22, 2011. Impact fee credits or cash payment shall run with the land in
perpetuity, interest free, until used or assigned."
.--
FISCAL IMP ACT: Without this amendment. Developer could ultimately lose the full benefit of
the $2,586.749 in impact fee credits for this Project.
Agenda Item No. 16K4
June 22, 2010
Page 2 of 6
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed amendment, prepared by the County Attorney, is
legally sufficient for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the Second
Amendment to the October 22, 2002 Standard Form Collier County Contribution Agreement for
Road Impact Fee Credits relating to the Sabal Bay Project
PREPARED BY: Jeffrey A Klatzkow, County Attorney
2
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16K4
June 22, 2010
Page 3 of 6
16K4
Recommendation to approve amending the October 22, 2002 Contribution Agreement, as
amended, relating to the Saba I Bay Project, by providing that impact fee credits will run with
the iand in perpetuity, interest free, until used or assigned.
6/22/20109:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
Approved By
611012010 8:S7:47 AM
Jeff Klatzkow
County Attorney
Date
Approved By
6110/201010:12 AM
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
Date
6/10/2010 1:S3 PM
Approved By
Amy Patterson
Community Development &
Environmental Services
Manager - Impact Fees & Eoe
Business Management & Budget Office
Date
Approved By
6/11120103:07 PM
OMS Coordinator
County Manager's Office
Office of Management & Budget
Date
611412010 8:S9 AM
Approved By
Susan Usher
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
Date
Approved By
6114/201011:16 AM
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
Date
6114/2010 11 :37 AM
Agenda Item No. 16K4
June 22, 2010
Page 4 of 6
SECOND AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY
CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS
THIS SECOND AMENDMENT ("Second Amendment") is made and entered into this
_ day of , 20_, by and between Collier Land Development, Inc., a
Florida corporation (hereinafter referred to as "Developer") and CDC Land Investments, Inc., a
Florida corporation, formerly known as Collier Development Corporation, a Florida corporation
(hereinafter referred to as "CDC"), which, along with their respective successors and assigns,
may be jointly referred to as "CDC/Developer," 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 parties entered into that certain Standard Form Collier County
Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and recorded in
Official Records Book 3138, Page 2357 of the Public Records of Collier County, Florida
(hereinafter the "Contribution Agreement'); and
WHEREAS, the parties entered into that certain First Amendment to October 22, 2002
Standard Form Collier County Contribution Agreement for Road Impact Fee Credits and Second
Amendment to October 14,2003 Companion Agreement regarding the Lely Area Surface Water
Drainage Improvements dated April 22, 2008, a copy of which is recorded in Official Records
Book 4356, Page 714 of the Public Records of Collier County, Florida (the "First Amendment");
and
WHEREAS, paragraph 32 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, 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, Developer and County have agreed to amend the Contribution Agreement
and the Companion Agreement, as amended, as provided herein.
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 First Amendment, modifying Paragraph 20 on Page 10 of the
Contribution Agreement, is hereby amended as follows:
"The dllratioR or availability of impaet fee eredits or eash paymeRt IHlrsllWlt to this
CoRtrilllllieR :\greemeRt, shall Rot be for a ]leried iR el(6eSS of five (5) years from the
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Agenda Item No. 16K4
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Page 5 of 6
aate tile Caunt}' aekeaw)eages ean~j3letiae af the apJ3ravea eentrillutian ar fram the
aetl.:Htl aate sf aeaieatisR, eat ill aa6"i'efl:t saall the sl.1ratiefl allegeS seveR (7) ,yeaFs,
eJlehlsi\'e Bf say eSflwelHag mefateria~ rrem the satser reearain.g i8 {fie effieial
Foeerels. Ne!y,'itllstansillg tae furegeiag, tae )Janies agree tIlalthe aulSiae aearHiae for
the dtiratisH aT availaBility efimflaet fee ereditfl., '.~:hiek ~.'".'as illiaally set at Oetessr 22,
2009, is liereey 61ttensea f-ar a ~efiaa af fiye (5) years Ie Oetaeer 22,2014. Impact
fee credits or cash payment shaH run with the land in perpetuity, interest free, until
used or assigned."
3. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement and the First Amendment to Companion Agreement shaH remain in fuH
force and effect.
4. If there is any conflict between this Second Amendment and the Contribution
Agreement, the Companion Agreement or the First Amendment to Companion Agreement. the
provisions of this Second Amendment shall prevaiL
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written ahove.
Signcd, sealed and delivered
in thc prcscnce of:
COLLIER LAND DEVELOPMENT, INC., a
Florida corporation
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Witness
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Prmt Name: \.1:'\'1'1)1 !,j ,~- f:::
By:
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PrinlName: :P"T,'_IC '" L. \ .\-;+"''-
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ltncs ~
Print Name: "" '" lI, . ~ ~ . UJ"';
Title: ;:' IeI'" \:>.'1'.;':; \ 1:> ,,; t.' r.
Date: ll' /"1 ) I f'l
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (71..ri day of ,) l , \...' r-;;-
~~',l~l(k..1. l\-\..(I', as \;!((:. '\)P..S~S:'l\'.'I,[~''',l.\' of Collier Land Development,
corporation. He/She is personally knownt~_ ,me, or [ ] has produced driver's license no,
as identificntfo;" ---------... u__
, 20lQ,by
Inc., a Florida
SEAL
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NOTARY PUBLIC ' .
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Printed Nnmc~ J
Commission Expires: I II I~; ~ /f L2-___
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ti)1:J1o' SABINA E. tW'IlY
A "'!>~ MvCOMMISSIONIOO82336!
,,\:; ,- EXPIRES: OcI<i>er28.2010
11:.1' ';:/ " ecnotdThIU~N*l~
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[signatures continue on following page]
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PMI3 387783.5
Agenda Item No. 16K4
- June 22; 2010--"
Page 6 of 6
Signed, sealed and delivered
in the presence of:
CDC LAND INVESTMENTS, INC., a Florida
corporation flk/a Collier Development
Corporation, a Florida corporation
By:
~/9~
F""t oOd.
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Witness
Printed Name: c. T>1'_''''' <=0
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Print Name: II-. ".,...::0.... ~
,~ . j, nu r L Q ,~ Title: ~e.~I~e.."-\-
Witriess " t=> I "" I
Printed Nam~__ok M--,-\~r/l'<.eJ~ Date: (" ~I' 0
4)" il"'1
,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumcnt was acknowledgcd before mc this C\+k.dny of .::r I.<..~e... , 201 ~ by
1"-........~J, .:::r. F 1....eLns ~...e:., .l........... ofCDC Land Investments, Inc., a Florida corporation,
f/k/a Collier Development Corporation, a Florida corpomtion. -tie/She is personally known to me, Br [ ] h"'f!
p1IHL......d Ell i ar'a lic~....", ,...... ~.:. :aCftti~l1Rtign.
~~i:"UoEeORAH'A.'BROWN""""':
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NO ARY PUBLIC AU. \
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Printed Name:
Commission Expires: I t> II (. I ' "2--
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Appr ved s t form
and I al s f icncy:
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