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Backup Documents 07/24/2012 Item #11IORIGINAL DOCUMENTS CHECKLIST & ROUTINII� G�P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature. draw a line through routine lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) t` 2. 07/24/12 Agenda Item Number Ili Approved by the BCC 3. Type of Document Developer Agreement � 4. 1 Attached W�` W 5. Ian Mitchell, Supervisor, BCC Office Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office �r2-k rZ PRIMARY CONTACT INFORMATION (Cbtm (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Laurie Beard Phone Number 252 -5782 Contact appropriate. (Initial) Applicable) Agenda Date Item was 07/24/12 Agenda Item Number Ili Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Agreement � Number of Original 1 Attached W�` W Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from t contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 07 -24 -12 (enter date) and all changes made during the meeting have been incorporated in the attached document. The �)b County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 111 MEMORANDUM Date: August 14, 2012 To: Laurie Beard, Planner Transportation Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Developer Agreement with Parklands Associates I, LLLP (Parklands PUD) for the construction of Logan Boulevard North Attached for your records is a copy of the recorded agreement referenced above (Item #11I) approved by the Board of County Commissioners on July 24, 2012. The Minutes and Records Department will maintain the recorded original agreement in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. Attachment III DEVELOPER AGREEMENT PARKLANDSDEVELOPMENT THIS AGREEMENT ( "Agreement ") is made and entered into this 24th day of July, 2012, by and between Parklands Associates I, LLLP, a Florida limited liability partnership (hereinafter referred to as "Developer "), whose address is 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 33323, and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as ( "County "). RECITALS: WHEREAS, this is a companion Agreement to Developer's applications with the County to amend the Parklands Planned Unit Development zoning (Petition PUDA- PL2010 -1551) and to amend the Development Order for the Parklands Development of Regional Impact (Petition DOA- PL2010- 1550), such amendments being hereinafter referred to collectively as "Developer's PUD and DRI Amendments "), and is contingent upon the adoption of such amendments and such amendments becoming effective. The legal description of the property which is the subject of the PUD and DRI amendments (the "Development ") is attached hereto and made a part hereof as Exhibit "A;" and WHEREAS, as soon as practical and prior to completion of construction of Logan Phase I, Collier County shall modify its Five -Year Transportation Work Capital Improvement Program to add a project for the construction of a two -lane extension of Logan Boulevard from Immokalee Road north to connect to Bonita Beach Road in Lee County which is to be known as Logan Boulevard North ( "Logan North "); and WHEREAS, the construction of Logan North shall be split into two phases with Logan Phase 1 being construction from the current terminus of Olde Cypress Boulevard at Treeline Drive to the Development's project entrance; and with Logan Phase 2 being construction of Logan North from the Parkland's project entrance north to Bonita Beach Road, all of which is depicted in Exhibit "B" attached hereto and made a part hereof, labeled Logan Boulevard North Construction Phases; and INSTR 4724632 OR 4822 PG 3566 RECORDED 8/2/2012 3:19 PM PAGES 15 RE- RECORD DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $129.00 INSTR 4723654 OR 4821 PG 3919 RECORDED 7/31/2012 3:07 PM PAGES 12 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $103.50 WHEREAS, this Agreement is structured to ensure that Adequate Public Facilities are available to serve the Development concurrent with the impacts of the Development on said public facilities; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, the Growth Management Administrator has recommended to the Board of County Commissioners that the improvements set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") are 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 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 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; and C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the proposed five -year capital improvement program for the County's transportation system and the adopted Long Range Transportation Plan. WITNESSETH: NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration exchanged between the parties, the parties agree as follows: 1. All of the above recitals and exhibits referenced therein are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Within ninety (90) days following the execution of this Agreement (which may be extended by the County Manager for good cause shown), the Developer will dedicate to the County eighty (80) feet of right -of -way within Collier County for Logan North and the Developer will dedicate to Lee County seventy -five (75) feet of right -of -way in Lee County for 2 III Logan Phase 2, as depicted in attached Exhibit "C." The County acknowledges that the Developer only owns a portion of the right -of -way (the western 75 feet) for the segment of Logan Phase 2 from the Lee County line to Bonita Beach Road. The balance of required right - of -way for such segment (the eastern 75 feet) is not owned by the Developer and shall not be the responsibility of the Developer to provide. The Developer will also provide storm water retention for, and design and permit the extension of, Logan North consistent with the conceptual roadway cross sections attached hereto and made a part hereof as Exhibit "C." The roadway cross sections may be amended pursuant to mutual written agreement between Developer and Collier County Transportation Section. The Developer will not be entitled to receive any impact fee credits for such dedication of right -of -way, provision of storm water retention, and design and permitting for Logan North. The Developer will also provide storm water retention for the segment of Logan North in Lee County consistent with the existing approved permit for such segment from the City of Bonita Beach, as such permit may be hereafter modified with the approval of the City of Bonita Beach and /or Lee County, as applicable. 3. The Developer will provide County storm water management outfalls and easements within the Development for those segments of Logan North which abut the Development in Collier County. The storm water management system for the Development (the "System ") shall be designed to treat the surface water from such segments of Logan North to the water quality standards specified in all governmental permits and approvals for the Development. 4. Construction of Logan North will be accomplished as follows: (A) The Developer, at its sole cost and expense, must complete construction of Logan Phase 1 as a condition of receiving a certificate of occupancy for the first residential dwelling unit in the Development. Developer is not entitled to any impact fee or any other consideration or credit for Logan Phase 1 from the County. Subject to the 181 -unit cap set forth below, following completion of Phase 1, Developer will be entitled to receive certificates of occupancy for 297 dwelling units. No further units will be allowed until the completion of Logan Phase 2. (B) Prior to receipt of the 181st certificate of occupancy within the Development, the Developer shall have completed the expansion of the intersection of Logan North and Immokalee Road to include two (2) additional southbound lanes for Logan North at Immokalee Road as shown on attached Exhibit D, at the Developer's sole cost and expense. Also, prior to 3 111 I receipt of the 181" certificate of occupancy within the Development, the Developer shall complete an analysis of the Logan North and Immokalee Road intersection to determine if the eastbound left or westbound right turn lanes at the intersection need to be extended to keep the intersection functioning adequately. This analysis will be subject to County review and approval. If additional lane extensions are needed, the Developer shall complete the extension of those lanes at the same time as the two additional southbound lanes are added. If the expansion of the Logan North/Immokalee Road intersection is not complete prior to the 181 st certificate of occupancy, no further certificates of occupancy shall be issued until the expansion of the intersection is complete. (C) Developer, at its sole costs and expense, must start construction of Logan Phase 2 prior to receipt of the certificate of occupancy for the 297th authorized dwelling unit and must complete construction of Logan Phase 2 within one (1) year following the date the Developer receives a certificate of occupancy for the 297th residential dwelling unit in the Development. If construction of Logan Phase 2 is not completed within one (1) year following receipt of a certificate of occupancy for the 297th residential dwelling unit in the Development, then no further certificates of occupancy shall be issued until such construction is complete. Following completion of Logan Phase 2, the Developer will be authorized to receive certificates of occupancy for the remainder of the Development. Prior to commencing construction, the Developer shall provide to the County for the County's approval an engineer's certified estimate of the construction costs of Logan Phase 2. As set forth below, and upon preliminary road acceptance by Collier County, Developer will be entitled to road impact fee credits for 81.4% of the lower of either (1) the engineer's certified estimate given and accepted by the County, as modified by change orders approved by the County, or (2) the actual costs of construction of Logan Phase 2 for that portion of Logan Phase 2 located within Collier County. Provided that Florida Statute Section 380.06(16) is still in effect at the time of construction, as a development of regional impact Developer is not required, by virtue of this impact fee credit, to competitively bid or negotiate any part of the construction or design of this facility, otherwise, Developer will bid Logan Phase 2 in accordance with the County's public bid requirements for road projects. It is understood that a portion of Logan Phase 2 lies within Lee County, that Collier County shall have no right or obligation with respect to any matter dealing with this portion of the construction (including permitting and right -of -way), and that the Developer's inability to build 4 111 1 the remainder of its Development in the manner set forth above will not be waived by Collier County should Developer fail to complete construction of Logan Phase 2 as a result of any matter dealing with the Lee County portion of the road. Collier County expressly agrees to take over the maintenance of Logan North from the northern limits of Olde Cypress Tract R1 to the County Line one year after the opening of Logan North to Bonita Beach Road and upon a satisfactory final acceptance of the road by the Collier County Growth Management Division. This acceptance shall be based on the typical sections as proposed in this Agreement, the Collier County Right -of -Way permits for the roadway and Collier County Codes in place at the time of this Agreement. Impact Fee Credit 5. In the event Developer constructs Logan Phase 2, Developer will be entitled to road impact fee credits for 81.4% of the actual costs of construction of Logan Phase 2 for that portion of Logan Phase 2 located within Collier County. These impact fee credits 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 law 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 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. Any unused impact fee credits remaining upon completion of the Development shall be reimbursed to Developer as set forth in the Collier County Consolidated Impact Fee Ordinance. Any such future reimbursement for excess credits shall come solely from future receipts by the County of road impact fees, and from no other revenue source, and are subject to annual appropriation by the Board of County Commissioners. However, no reimbursement shall C ill be paid 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. 7. 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. County shall provide written notice to Developer of any failure to comply, and Developer will be given reasonable opportunity to cure such failure. Should Developer fail to cure such failure, the matter may be forwarded for review by the Board of County Commissioners. If the Board of County 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. Legal Matters 8. All construction projects referenced herein within Collier County shall be submitted for review, permitting and inspection through the Collier County Engineering Services Department and the Collier County Transportation Right -Of -Way Department. At the request of the County, permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical County acceptance process for public roads. The County, at its expense, will organize, schedule, provide public notice as necessary and hold public meetings on Logan Phase 1 and Phase 2, when the road design plans for such projects have reached a 30 %, 60% and 90% completion status. The Developer's design engineer for Logan North shall attend any and all public meetings regarding either of these projects at no cost to Collier County. 9. 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, Developer 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 or part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. R 111 10. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve Developer 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. 11. Nothing in this Agreement shall be construed to divest the Development of its pre- existing vested status under Florida Statutes and case law. 12. "Force Majeure" as used herein means causes beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure (other than inability to pay any amount owing pursuant to this Agreement), including, but not limited to, acts of God, civil riot, war, sudden and unanticipated actions of the elements, and terrorism. 13. If either party is rendered wholly or partially unable to perform its obligations under this Agreement because of Force Majeure, that party shall be excused from such performance provided that: (A) The non - performing party provides the other party with written notice describing the Force Majeure circumstances within fifteen days after the occurrence of such event, or after the consequences of such event become known to the non - performing party, whichever is later; (B) The suspension of performance is of no greater scope and of no longer duration than required by the Force Majeure circumstance; (C) The non - performing party immediately undertakes reasonable and prudent efforts to remedy its inability to perform as a result of the particular event; and (D) The non - performing party resumes performance of its obligations under this Agreement and provides the other party with written notice of such resumption as soon as the Force Majeure circumstances are resolved or eliminated. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 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, including but not limited to State legislation which materially changes the County's ability to charge impact fees, 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. VA III 15. The 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. The Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. The parties hereto shall do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 16. This Agreement shall be governed by and construed under the laws of the State of Florida. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then - current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, 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 the 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 (including County's option) 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: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112 -5746 Phone: (239) 252 -8383 To Developer: 1600 Sawgrass Corporate Parkway Suite 400 Sunrise, FL 33323 Attn: Kevin Ratterree Phone: (954) 753 -1730 This Agreement, together with the amended PUD and amended Development Order, constitutes the entire agreement between the parties with respect to the activities noted herein 8 111 and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: erk FRED W. COYLE, CHAI N i may' BINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 0 AS TO DEVELOPER AND PARTICIPANTS: Signed, sealed and delivered in the presence of: i s A �_ - %i State of )ss. County of 13"PoW4 ) III PARKLANDS ASSOCIATES 1, LLLP, a Florida limited liability limited partnership By: Parklands Genpar Corporation, a Florida Corporation, Its: General Partner By: Alan Fant, Vice President The foregoing instrument was acknowledged before me this day of 2012, by Alan Fant, Vice President of Parklands Genpar Corporation, a Florida corporation, General Partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership on behalf of said limited liability limited partnership, who (V )is personally known to me or has ( } produced as identification. NOTARY SEAL Appr ved to form and l al iftciencv r � A.i! latz cow 4 'la 10 Notary,P Vk Gig Printed" Commission No. Expiration Date • ' TERRY KAPLAN ULUAN MY COMMISSION # EE1281$4 EXPIRES September 07, 2015 407 3980183 MW 4 Mc"_ P�� !�7J SCHEDULE OF EXHIBITS 1. Exhibit A — Legal Description of the Development 2. Exhibit B — Logan Boulevard North Construction Phases 3. Exhibit C — Logan Boulevard North Conceptual Roadway Cross - Sections 4. Exhibit D — Logan Boulevard North/Immokalee Road Expanded Intersection 11 111 EXHIBIT A LEGAL DESCRIPTION All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. 6378866_3 12 BONITA BEACH ROAD PARKLANDS PROJECT ENTRANCE RIVERSTONE OLDE CYPRESS IMMOKALEE ROAD 1L1 Logan North Construction Phases Logan North Phase 1: Logan North construction from current terminus of Logan North to the Parklands project entrance. Logan North Phase 2: Logan North construction from the Parklands project entrance to Bonita Beach Road. EXHIBIT B to DCA 111 THE PARKLANDS DEVELOPMENT AREA 10' S' 12' a, a, 12' I (25"-35") I MULTI-USE I I I PATH I (ASPHALT) I EXIST. GRADE .......... �ia -- I % WATER SEWAGE F.M. ST. GRADE MAW LEFT TURN LANE ty—IRRIGATION MAIN IF REQ'D FOR SECOND ENTRANCE tKLANDc^ Cc^��S ai�7 WEST LINE OF __ ....... _. ..... SECTION 1e 40 1 40. 12' 1 4' 2' 12' 12' I MULTI-USE I I PATH (ASPHALT) I I EXIST. GRADE I _ .r' L- i J r EAST. GRADE) TIROAD -- ---- - -- WIDENING AS REQUIRED F. . FOR RIGHT Q— IRRIGATION N MAIN � WATER MAIN A AND LEFT TURN LANES AT MAIN ENTRANCE PHASE 1 TO THE PARKLANDS MAIN ENTRANCE SECTION A NOTES 1. SECTIONS ORIENTED LOOKING NORTH. 2. MINOR DETAILS OF ROAD SECTIONS AND UTILITY PLACEMENT SUBJECT TO CHANGES IN FINAL DESIGN. 3. TRANSITIONS REQUIRED BETWEEN SECTIONS NOT SHOWN. 950 Encore Way THE PARKLANDS Naples, FL. 34110 Phone: (239) 254 -2000 LOGAN NORTH TYPICAL SECTIONS H MONTE W®ISflmm -mm Florida Certificate of Authorization No.1772 EXHIBIT C TO DCA TRANSPORTATION LOGAN BOULEVARD NORTH /IMMOKALEE ROAD CONSULTANTS, INC. CONCEPTUAL DRAWING ED INTERSECTION FOR CONSTRUCTION ONSTRUCTION Exhibit D