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Agenda 11/10/2020 Item #17F (Resolution - Buckley MPUD)17.F 11/10/2020 EXECUTIVE SUMMARY Recommendation to approve a resolution designating the Close -Out of the adopted Buckley Mixed Use Planned Unit Development (MPUD) which has fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments and to approve the Close Out Agreement for the last remaining transportation commitment. OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close- out of the Buckley Mixed Use Planned Unit Development such that this MPUD will have commitments deemed completed or no longer necessary and waived in accordance with Section 10.02.13.17.5 of the Land Development Code (LDC) and be relieved of their Annual Monitoring responsibilities as defined by Sections, 10.02.131 of the LDC. The approval of the Close -Out Agreement will address the timing of the transportation fair share payment. CONSIDERATIONS: Staff seeks the approval of the Buckley MPUD Close -Out resolution so that the PUD is designated, without uncertainty, as "complete," "built -out" and/or "closed -out" and once approved will be certified as having met its commitments or having unwarranted commitments waived by the Board due to the circumstances presented. The Closed -Out MPUD shall remain in that status whereby no further development orders shall be issued relative to applications for the authorization of additional residential density and/or commercial intensity within the subject MPUD. In order to grant future development rights for density and/or intensity within a Closed -Out PUD, the Board of County Commissioners shall approve a PUD amendment which shall return the PUD to active status and require the PUD to be compliant with the reporting responsibilities of the Land Development Code Section 10.02.13.F. There is one remaining transportation commitment that is being addressed with the Close Out Agreement. The commitment is for a fair share payment for intersection improvements at Airport Road and Orange Blossom Drive. The agreement states that the payment will be made within ten business days of approval of the Close -Out Agreement by the Board of County Commissioners. This commitment states: The owner shall pay fair share costs of the intersection improvements at Airport Pulling Rd. and Orange Blossom Dr. based on the current intersection improvement study. The current intersection study is projected to be completed in calendar year 2016 at which time the proportionate share calculations will be determined. If the study is not complete at time of the first development order (Site Development Plan or Plat) the owner shall provide a bond not to exceed $50, 000 prior to the issuance of the first Certificate of Occupancy for the development, which shall be released when the owner pays its fair share of the costs of the intersection improvements. After the final determination of Close -Out is rendered by the Board of County Commissioners this Closed -Out PUD will be eliminated from any further demands for commitment contributions or assessment of commitment compliance by staff and the PUD will remain Closed -Out until subsequent action is approved by the Board of County Commissioners as an amendment specific to the PUD. The PUD amendment will then return the PUD to active status for monitoring. The Buckley MPUD summary of development and compliance with the developer commitments follows: Ordinances: 2005-05 (repealed), 2014-24, 2016-10 and 2017-43 Packet Pg. 2364 11/10/2020 17.F Ordinance Authorized: 239 Residential Dwelling Units or 162,750 square feet of commercial uses or a combination of the two (For each acre of land utilized for residential purposes, 7,500 square feet of non- residential square -footage will be eliminated from the total square -footage allowable as Commercial.) Recorded Built Out: 82 Residential Dwelling Units and zero commercial square footage Relinquishing Units: 157 Dwelling Units (No remaining square footage for commercial allowed) FISCAL IMPACT: As stipulated in the Close -Out Agreement the Close -Out of the Buckley MPUD will result in the County receiving $16,518 to satisfy the fair share intersection improvement commitment. Revenue will be deposited in Gas Tax Fund (313), Project 60066. The application fee submitted has been applied to the staff hours allocated to the preparation of the MPUD documents for verification reviews and for the presentation to the Board. Due to the nature of the review process established for these Close -Out reviews, there was a need to rely on paper documents to circulate among the reviewers. These activities held a nominal cost associated with the reproduction of reports and the issuance of notification through the U.S. Mail. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for Board approval. -JAK RECOMMENDATION: To approve the Close Out Agreement and the Resolution and authorize the Chairman to sign the Agreement and the Resolution for Close -Out of the Buckley MPUD which has been verified as in full compliance. Prepared by: Laurie Beard, Project Manager, Development Review Division ATTACHMENT(S) 1. Close Out Application (PDF) 2. Resolution - Close Out of Buckley PUD - wr (PDF) 3. Close Out Agreement Signed (PDF) 4. legal ad - agenda ID 13803 (PDF) Packet Pg. 2365 17.F 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.F Doe ID: 13803 Item Summary: Recommendation to approve a resolution designating the Close -Out of the adopted Buckley Mixed Use Planned Unit Development (MPUD) which has fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments and to approve the Close Out Agreement for the last remaining transportation commitment. Meeting Date: 11/10/2020 Prepared by: Title: Project Manager — Growth Management Development Review Name: Laurie Beard 10/05/2020 3:21 PM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 10/05/2020 3:21 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Trinity Scott Capital Project Planning, Impact Fees, and Program Management Amy Patterson Growth Management Department Judy Puig Level 1 Reviewer Growth Management Operations Support Christopher Johnson Growth Management Department Matthew McLean Additional Reviewer Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Additional Reviewer Completed Completed 10/06/2020 4:37 PM Additional Reviewer Completed Completed 10/09/2020 11:04 AM Completed 10/12/2020 1:15 PM Completed 10/12/2020 4:41 PM Completed 10/13/2020 8:22 AM Completed 10/14/2020 2:12 PM Completed 10/19/2020 8:42 AM Completed 11/03/2020 10:25 AM 11/10/2020 9:00 AM Packet Pg. 2366 Collier County Government Growth Management Department APPLICATION FOR PUD CLOSE OUT Name of Planned Unit Development: Buckley Mixed Use Planned Development AKA v��._ Date Received: -I, - C) Assigned Planner: Continuation sheets and/or copies of documents may be added. This application cannot be accepted without the appropriate application fee. The owner/applicant is responsible for any and all advertising costs for petitions. ONLY INFORMATION PROVIDED ON THIS APPLICATION FORM WILL BE CONSIDERED APPLICANT INFORMATION Name of Legal Owner: Pulte Home Company, LLC Address: 24311 Walden Center Dr. #300, Bonita Springs, FL 34134 Contact Information: Office Phone: 239-495-4800 Cell: N/A Fax: N/A Email: mike.hueniken@pultegroup.com Contact Person/Agent (if different from above): Lindsay Robin Address: Waldrop Engineering, 28100 Bonita Grande Dr. #305, Bonita Springs, FL 34135 Office Phone: 239-908-3079 Cell; N/A 239-405-7899 Email: lindsay.robin@waldropengineering.com Attach Affidavits of Representation for other owners, if applicable. Please see attached Affidavit of Authorization DEVELOPMENT INFORMATION Provide Deed Platted community List Folio Numbers for all parcels in the PUD: (Attach extra pages if needed.) Please see attached. Provide the following density and intensity information. Total Dwelling Units approved in PUD/DRI: Dwelling Units - Total Number of Constructed: Platted Lots - Number of Lots without Construction: 239 21 0 Platted Lots - Without Construction Development would like to keep: 0 Updated 10/15/13 LB Packet Pg. 2367 Total Square Footage Approved in PUD/DRI: 162,750 sq. ft. Commercial Constructed - Total Square Footage: 0 (single-family residential, commercial not permitted) Industrial Constructed - Total Square Footage: 0 Total Undeveloped Commercial/Industrial Square Footage development would like to keep for future construction: 0 Commercial 0 Industrial 0 Is there any Vacant Land in the PUD/DRI : Yes: No: X Provide parcel identification: N/A Owner/applicant relinquishes 157 unbuilt dwelling units and/or N/A square footage. Acknowledged: Provide the following information and documentation: 1. List Developer Commitments and/or agreement stipulations as stated in the Ordinance(s) and/or subsequent development orders or agreements that have not been met. N/A 2. Provide proof of payment for any commitment that required a fair share contribution or payment in lieu. See attached bond payment in relation to Transportation Commitment 3. 3. Provide any documentation that would support why a commitment cannot be met and/or is believed to be unnecessary. N/A - all commitments have been met and fulfilled. FEE SCHEDULE Pursuant to the adopted Fee Schedule - BCC Resolution 2016-48 the following fees apply. Planned Unit Development (PUD) Close -Out application and processing: $2,500.00 Submit fee with this application. Determine the fee using the schedule and issue payment to: Collier County Board of County Commissioners (CCBCC). Legal advertising fees are the responsibility of the applicant. Application fees are not refundable. VERIFICATION OF INFORMATION I certify that all information which I have provided is correct. I understand that any false information given may result in a withdrawal of this application. Signature: �(� Title: Date: Updated 10/15/13 LB Packet Pg. 2368 17.F.1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1 Michael Hueniken (print name), as VP of Land Planning & Development (title, if applicable) of Pulle Home Company, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Waldrop Engineering, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. January 29, 2020 Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on January 29, 2020 (date) by /if=sa�ut�p��r= (name of person providing oath or affirmation), as Mloha"ueniken c who is personally known tome or who has produced (type of identification) as identification. STAMP/SEAL Signature of No ry Public KATHLEEN MY COMMISSIO289851A LANiE FJ(PIRES Jaq023t3onded Tin dmwrkers CP\08-COA-00115\155 REV 3/24/14 Packet Pg. 2369 17.F.1 Folio Number Legal Description 24993500169 BUCKLEY PARCEL THE PORTION OF TRACT R AS DESC IN OR 5275 PG 2500 24993500185 BUCKLEY PARCEL TRACT R LESS THE PORTION OF TR R AS DESC IN OR 5275 PG 2500 24993500907 BUCKLEY PARCEL LOT 35 24993500923 BUCKLEY PARCEL LOT 36 24993500965 BUCKLEY PARCEL LOT 38 24993501142 BUCKLEY PARCEL LOT 47 24993501281 BUCKLEY PARCEL LOT 54 24993501304 BUCKLEY PARCEL LOT 55 24993501320 BUCKLEY PARCEL LOT 56 24993501401 BUCKLEY PARCEL LOT 60 24993501469 BUCKLEY PARCEL LOT 63 24993503027 BUCKLEY PARCEL REPLAT TRACTLI 24993503043 BUCKLEY PARCEL REPLAT TRACT OS1 24993503069 BUCKLEY PARCEL REPLAT TRACT OS2 24993503085 BUCKLEY PARCEL REPLAT TRACT OS3 24993503108 BUCKLEY PARCEL REPLAT TRACT OS4 24993503124 BUCKLEY PARCEL REPLAT TRACT OS5 24993503140 BUCKLEY PARCEL REPLAT LOT 1 24993503166 BUCKLEY PARCEL REPLAT LOT 2 24993503182 BUCKLEY PARCEL REPLAT LOT 3 24993503205 BUCKLEY PARCEL REPLAT LOT 4 24993503221 BUCKLEY PARCEL REPLAT LOT 5 24993503247 BUCKLEY PARCEL REPLAT LOT 6 24993503263 BUCKLEY PARCEL REPLAT LOT 7 24993503289 BUCKLEY PARCEL REPLAT LOT 8 24993503302 BUCKLEY PARCEL REPLAT LOT 9 24993503328 BUCKLEY PARCEL REPLAT LOT 10 24993503344 BUCKLEY PARCEL REPLAT LOT 11 24993503360 BUCKLEY PARCEL REPLAT LOT 12 24993503386 BUCKLEY PARCEL REPLAT LOT 13 24993503409 BUCKLEY PARCEL REPLAT LOT 14 24993503425 BUCKLEY PARCEL REPLAT LOT 15 24993503441 BUCKLEY PARCEL REPLAT LOT 16 24993503467 BUCKLEY PARCEL REPLAT LOT 17 24993503483 BUCKLEY PARCEL REPLAT LOT 18 24993503506 BUCKLEY PARCEL REPLAT LOT 19 24993503522 BUCKLEY PARCEL REPLAT LOT 20 24993503548 BUCKLEY PARCEL REPLAT LOT 21 24993503564 BUCKLEY PARCEL REPLAT LOT 22 24993503580 BUCKLEY PARCEL REPLAT LOT 23 r Q Packet Pg. 2370 17.F.1 24993503603 BUCKLEY PARCEL REPLAT LOT 24 24993503629 BUCKLEY PARCEL REPLAT LOT 25 24993503645 BUCKLEY PARCEL REPLAT LOT 26 24993503661 BUCKLEY PARCEL REPLAT LOT 27 24993503687 BUCKLEY PARCEL REPLAT LOT 28 24993503700 BUCKLEY PARCEL REPLAT LOT 29 24993503726 BUCKLEY PARCEL REPLAT LOT 30 24993503742 BUCKLEY PARCEL REPLAT LOT 31 24993503768 BUCKLEY PARCEL REPLAT LOT 32 24993503784 BUCKLEY PARCEL REPLAT LOT 33 24993503807 BUCKLEY PARCEL REPLAT LOT 34 24993503823 BUCKLEY PARCEL REPLAT LOT 37 24993503849 BUCKLEY PARCEL REPLAT LOT 39 24993503865 BUCKLEY PARCEL REPLAT LOT 40 24993503881 BUCKLEY PARCEL REPLAT LOT 41 24993503904 BUCKLEY PARCEL REPLAT LOT 42 24993503920 BUCKLEY PARCEL REPLAT LOT 43 24993503946 BUCKLEY PARCEL REPLAT LOT 44 24993503962 BUCKLEY PARCEL REPLAT LOT 45 24993503988 BUCKLEY PARCEL REPLAT LOT 46 24993504000 BUCKLEY PARCEL REPLAT LOT 48 24993504026 BUCKLEY PARCEL REPLAT LOT 49 24993504042 BUCKLEY PARCEL REPLAT LOT 50 24993504068 BUCKLEY PARCEL REPLAT LOT 51 24993504084 BUCKLEY PARCEL REPLAT LOT 52 24993504107 BUCKLEY PARCEL REPLAT LOT 53 24993504123 BUCKLEY PARCEL REPLAT LOT 57 24993504149 BUCKLEY PARCEL REPLAT LOT 58 24993504165 BUCKLEY PARCEL REPLAT LOT 59 24993504181 BUCKLEY PARCEL REPLAT LOT 61 24993504204 BUCKLEY PARCEL REPLAT LOT 62 24993504220 BUCKLEY PARCEL REPLAT LOT 64 24993504246 BUCKLEY PARCEL REPLAT LOT 65 24993504262 BUCKLEY PARCEL REPLAT LOT 66 24993504288 BUCKLEY PARCEL REPLAT LOT 67 24993504301 BUCKLEY PARCEL REPLAT LOT 68 24993504327 BUCKLEY PARCEL REPLAT LOT 69 24993504343 BUCKLEY PARCEL REPLAT LOT 70 24993504369 BUCKLEY PARCEL REPLAT LOT 71 24993504385 BUCKLEY PARCEL REPLAT LOT 72 24993504408 BUCKLEY PARCEL REPLAT LOT 73 24993504424 BUCKLEY PARCEL REPLAT LOT 74 24993504440 BUCKLEY PARCEL REPLAT LOT 75 24993504466 BUCKLEY PARCEL REPLAT LOT 76 r Q Packet Pg. 2371 24993504482 BUCKLEY PARCEL REPLAT LOT 77 24993504505 BUCKLEY PARCEL REPLAT LOT 78 24993504521 BUCKLEY PARCEL REPLAT LOT 79 24993504547 BUCKLEY PARCEL REPLAT LOT 80 24993504563 BUCKLEY PARCEL REPLAT LOT 81 24993504589 BUCKLEY PARCEL REPLAT LOT 82 a Packet Pg. 2372 From: SaMerMichael To: Alexis Cresao Subject: RE: Buckley MPUD - 2019-2020 PUD Monitoring Report Date: Monday, January 27, 2020 9:05:28 AM Attachments: image002.ono irnage004.Dno Alexis, So sorry I didn't get back to you on this one. I did however check and the intersection improvements have not moved beyond the initial -draft study that we've used for ROW need determinations. The project has been pushed back in the current priority list and at this time we do not have an updated schedule when it will be restarted. Again my apologies, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 rnichael.sawver(&,colliercountvfl.aov From: Alexis Crespo <Alexis.Crespo@waldropengineering.com> Sent: Sunday, January 26, 2020 2:30 PM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov> Cc: Nik Kasten <Nik. Kasten @waldropengineering.com>; Michael Hueniken (Mike.Hueniken@PulteGroup.com) <Mike.Hueniken@PulteGroup.com> Subject: RE: Buckley MPUD - 2019-2020 PUD Monitoring Report EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Mike —just checking to see if you were able to get any updates on the Orange Blossom/Airport Pulling intersection improvements. We are hoping to file the PUD close out soon for Pulte. Thanks! Alexis CrespO AICP Senior Vice President — Planning Packet Pg. 2373 17. F.2 RESOLUTION NO.2020 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. WHEREAS, it is in the mutual interests of the Buckley Mixed Use Planned Unit Development and Collier County to close out the Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Development and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, the Planned Unit Development has explicitly complied with each and every developer commitment except for one remaining transportation commitment - a fair share contribution toward intersection improvements at Airport -Pulling Road and Orange Blossom Drive. The Buckley MPUD Close -Out Agreement provides for said fair share contribution in the amount of $16,518.00 to be made within ten business days of the Board of County Commissioners' approval of the agreement; and WHEREAS, LDC Section 10.02.13.17.5 requires that a release of PUD commitments determined to be no longer necessary be approved by the Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Buckley Mixed Use Planned Unit Development within Collier County is found to be "built -out" and therefore is deemed "closed out" for purposes of the Land Development Code, Section 10.02.13.F. BE IT FURTHER RESOLVED that the one remaining transportation commitment relating to a fair share contribution toward intersection improvements will be deemed as fulfilled upon receipt of the payment of $16,518 as agreed to in the Buckley MPUD Close -Out Agreement. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA LO-A By: Deputy Clerk BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Packet Pg. 2374 17.F.3 CLOSE-OUT AGREEMENT Buckley MPUD THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2020, by and among Pulte Home Company, LLC, a Michigan limited liability company, whose address is 24311 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134 (hereinafter referred to as "Pulte"), on the one hand, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), on the other. RECITALS: WHEREAS, on June 10, 2014, Collier County enacted Ordinance 14-24, creating the Buckley Mixed Use Planned Unit Development (hereinafter referred to as the Buckley MPUD); and WHEREAS, the Buckley MPUD was subsequently amended by Ordinance Nos. 16-10 and 17-43; and WHEREAS, the Buckley MPUD was approved for 239 residential dwelling units or 162,750 square feet of limited commercial uses or a limited combination of both; and WHEREAS, the Buckley MPUD contained the following Developer Commitment: "The owner shall pay fair share costs of the intersection improvements at Airport Pulling Rd. and Orange Blossom Dr. based on the current intersection improvement study. The current intersection study is projected to be completed in calendar year 2016 at which time the proportionate share calculations will be determined. If the study is not complete at time of the first development order (Site Development Plan or Plat) the owner shall provide a bond not to exceed $50,000.00 prior to the issuance of the first Certificate of Occupancy for the development, which shall be released when the owner pays its fair share of the costs of the intersection improvements."; and WHEREAS, by Special Warranty Deed dated May 20, 2016, Pulte acquired ownership of the Buckley MPUD; and WHEREAS, Pulte warrants and represents to the County that it is currently the sole holder of all Development Rights, both residential and commercial, arising from the Buckley MPUD; and WHEREAS, Pulte has completed construction and development of the Buckley MPUD, and is going through the County's close-out process; and WHEREAS, the last remaining Developer Commitment for the Buckley MPUD is the Developer's fair share for the intersection improvement referenced above; and Packet Pg. 2375 17.F.3 WHEREAS, the parties have agreed that the owner's fair share costs for the intersection improvements set forth above is $16,518.00, which is calculated from the 82 residential units that were built within the Buckley PUD; and WHEREAS, as part of the close-out of this commitment, Pulte agrees on behalf of itself and all assigns and successors in interest to waive the remaining Development Rights granted in the Buckley MPUD. 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: I. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Pulte shall pay the County the sum of $16,518.00 within 10 business days from the Board of County Commissioners' approval of this agreement. Upon receipt of such payment, the fair share intersection improvement commitment shall be deemed fully satisfied. 3. Concurrent with the issuance of payment, all further Development Rights in the Buckley MPUD shall be considered abandoned and extinguished. Legal Matters 4. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns and successors in interest to the parties to this Agreement, including homeowner associations. 5. 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 terns of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 6. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County's receipt of payment. The recording of this Agreement shall be deemed proof of the County's receipt and acceptance of payment. The County shall provide a copy of the recorded document to Pulte upon request. 7. 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, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. Packet Pg. 2376 17.F.3 8. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. 9. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the parties with respect to the activities noted herein 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 3 Packet Pg. 2377 17.F.3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney AS TO PULTE: Printed Name: Aa" ( n) rinsed Name: my Y.�tsrpr� STATE OF FLORIDA COUNTY OF COLLIER Burt L. Saunders, Chairman Pulte Home Company, LLC By: Printed Name: Mi hael Hueniken Title: Vice President of Land Development, Southwest Florida The foregoing instrument was acknowledged before me by means of physical presence or [ ] online notarization, this V" day of p~, 2020, by Michael lueniken, as Vice President Land Development (Southwest Florida) of Pulte Home Company, LLC. He/she is IK personally known to me, or [ ] has produced driver's license number as identification. WdER4 JESSICA K LINNNOT P IC State of Florida -Notary Public Commission # GIGYG 170813 Name: K-Unn %� My Commission Expires April 16, 2022 My Commission Expires: { 4 Packet Pg. 2378 l �J 17.FA ruu uate: O(A. 14, n, cucu ff•wiyiyb 7 03E=n - NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 a.m. on November 10, 2020, in the Board of County Commissioners Chambers, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVEL- OPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAIN- ING WHICH WILL BE ADDRESSED VIA CLOSE-OUT AGREEMENT. [PL20200001363) The PUD is located in Collier County, Florida at the Northwest quadrant of the intersection of Airport -Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, consisting of 21.7+ acres. All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- t cipate remotely, should register any time after the agenda is hosted on the County website which is 6 days before the meet- ing through the link Qrovided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig0colliercountyfl.gov. Any person who decides to appeal any decision of the Board Wily need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER Teresa Cannon jtv Clerk (SEAL) M 0 co M M O 00 M R c a� a� tc , cu C d t to r a Packet Pg. 2379