Loading...
Agenda 04/27/2021 Item #16F 2 (Transfer of transportation Impact Fee Credits held by Parklands Associates I, LLLP)04/27/2021 16. F.2 EXECUTIVE SUMMARY Recommendation to approve a transfer of Transportation Impact Fee credits in the amount of $650,576.01, held by Parklands Associates I, LLLP, arising out of an Amended and Restated Developer Agreement dated May 10, 2016, recorded in Official Records Book 5274, Page 411 of the Public Records of Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approves a transfer of Transportation Impact Fee credits in the amount of $650,576.01 held by Parklands Associates 1, LLLP. CONSIDERATIONS: The Amended and Restated Developer Agreement for Parklands Development that provided for Transportation Impact Fee credits was approved by the Board of County Commissioners on May 10, 2016 (Item 16.A.18). Section 74-205 (n) of the Collier County Code of Laws and Ordinances states the following: "Impact fee credits shall not be assigned or otherwise transferred from one development to another development except by written agreement executed by the county, and then, shall only be transferable from one development to another development within the same or adjacent impact fee district for the same type of public facility impact fee...". Parklands Associates I, LLLP, the owner of the credits, has no remaining building permits to apply impact fee credits and therefore has requested approval to transfer the credits to the Valencia Trails development located within an adjacent Transportation Impact Fee District, as provided in the DA and Chapter 74 of the Collier County Code of Laws and Ordinances pertaining to Transportation Impact Fees. FISCAL IMPACT: The Developer constructed improvements at the intersection of Logan North and Immokalee Road (District 1) in exchange for $650,576.01 in transportation impact fee credits. The Developer is now requesting those credits be allowed to be transferred to a development within an adjacent Transportation Impact Fee district (District 6), where they will be available to be applied to building permits within the development. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve a transfer of transportation impact fees in the amount of $650,576.01 from the Parklands Stonecreek development to the Valencia Trails development, located within the same or adjacent transportation impact fee district. Prepared by: Brandi Pollard, Impact Fee Coordinator, Capital Project Planning, Impact Fees, and Program Management Division, Growth Management Department ATTACHMENT(S) 1. Amended DCA Recorded 5-17-16 (PDF) Packet Pg. 1359 16. F.2 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.2 Doe ID: 15532 Item Summary: Recommendation to approve a transfer of Transportation Impact Fee credits in the amount of $650,576.01, held by Parklands Associates I, LLLP, arising out of an Amended and Restated Developer Agreement dated May 10, 2016, recorded in Official Records Book 5274, Page 411 of the Public Records of Collier County. Meeting Date: 04/27/2021 Prepared by: Title: Senior Grants and Housing Coordinator — Capital Project Planning, Impact Fees, and Program Management Name: Gino Santabarbara 04/07/2021 11:20 AM Submitted by: Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 04/07/2021 11:20 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Amy Patterson 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 Susan Usher Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Completed 04/09/2021 3:59 PM Completed 04/12/2021 9:44 AM Completed 04/19/2021 10:24 AM Completed 04/19/2021 4:03 PM 04/27/2021 9:00 AM Packet Pg. 1360 INSTR 5267040 OR 5274 PG 411 RECORDED 5/17/2016 4:29 PM PAGES 13 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $112.00 AMENDED AND RESTATED DEVELOPER AGREEMENT PARKLANDSDEVELOPMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this 1QQ� ay of , 2016, by and between Parklands Associates I, LLLP, a Florida limited liability limited part ship (hereinafter referred to as the "Developer"), whose address is 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 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 the "County"). WHEREAS, the Dev Agreement dated as of July,24, the Public Records of the Colli property commonly known € particularly described in the q1 WHEREAS, in a c five-year transportation c two-lane extension of Loga Road in Lee County, which WHEREAS, Logan project entrance of the Deve and the County nd.recorded in Of improvement prograiA wlevard from Immoka tct,is known as Logan into that certain Developer rds Book 4822, Page 3566, of ;reement" ), with respect to the velopment"), which is more yen `i ¢ County has modified its a ro ` t for the construction of a I;iiarth'to connect to Bonita Beach d,'"North ("Logan North"); and Immokalee Road north to the WHERAS, the remaining portion of Logan North consists of two phases, with Logan North Phase 1 being construction of Logan North from its current terminus at the project entrance of the Development north to the Collier County/Lee County line and Logan North Phase 2 being construction of Logan North from the Collier County/Lee County line north to Bonita Beach Road; and WHEREAS, the State of Florida Department of Transportation ("FDOT') has agreed to provide Transportation Regional Incentive Program funds to the County towards the construction of Logan North Phase 1 in accordance with Section 339.2819, F.S. (collectively, the "TRIP Project"), and in connection therewith the County and FDOT are entering into a Transportation Regional Incentive Program (the "TRIP Agreement") pursuant to which the County will construct Logan North Phase 1; and WHEREAS, the Developer has agreed to construct Logan North. Phase 2 as more particularly described in paragraph 9 below; and Zi Packet Pg. 1361 OR 5274 PG 412 WHEREAS, the Developer has also agreed to construct an improvement at the intersection of Logan North and Immokalee Road as more particularly described in paragraph 10 below (the "Logan/Immokalee Intersection Improvement"); and WHEREAS, it is in the best interest of the County for the Developer to enter into this Agreement because it will help finance and accelerate the construction of Logan North and the Logan/Immokalee Intersection Improvement; 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 Managn lea ent,Head has recommended to the Board of County Commissioners that the ovements set-- as Agreement hereinafter referred to as the "Proposed Plan") am i riformity with cortterrk l mprovements and additions to the County's trans portation,netwc; and WHEREAS, after" rea oned conilderd` t,�n b tip Boar of)Commissioners, the Board finds and reaffirms that: x' a. The Pro �nr r, wi c0irt�plated improvements and additions t6ifi Countv's trans Donation.sv�: ' g b. The Proposewiewed in conjuneton a}tfiir existing or proposed plans, ce including thos lrctrrl-other developers, wily 6ersely impact the cash flow or n liquidity of the �i if wa i o,"frustrate or interfere with other planned or ongoing 'g ! - c s ;,capital improvements and additions to the County's trans n s P ortatio�'��'�nd � L 0 C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the five-year capital improvement program for the a County's transportation system and the adopted Long Range Transportation Plan. v 0 WITNESSETH: m NOW, THEREFORE, in consideration of $10.00 and other good and valuable E consideration exchanged between the parties, the parties agree as follows: Q c 1. All of the above recitals and any exhibits referenced therein are true and correct E and are hereby expressly incorporated herein by reference as if set forth fully below. P1 r r Q Oy. J Packet Pg. 1362 OR 5274 PG 413 Logan North Right -of -Way. Plans and Permits 2. The Developer and the County acknowledge and agree that the Developer has previously dedicated to the County eighty (80) feet of right-of-way within Collier County for Logan North Phase 1 pursuant to the Original Agreement, and the Developer has previously delivered a deed in escrow to the City of Bonita Springs dedicating to Lee County seventy-five (75) feet of right-of-way within Lee County for Logan North Phase 2. The County acknowledges that such deed in escrow conveys only a portion of the right-of-way (the western 75 feet) for Logan North Phase 2. The balance of required right-of-way for Logan North Phase 2 (the eastern 75 feet) is not owned by the Developer and shall not be the responsibility of the Developer to provide. The County further acknowledges and agrees that: (i) the County has approved the plans and issued a right-of-way permit for Logan North Phase 1, (ii) the City of Bonita Springs has approved the plans for Logan North Phase 2, and (iii) the approved plans provide for storm water retention for Logatt.,North Phase 1 and Logan North Phase 2. The Developer will not be entitled to receiV ! i e `ffre,. redits for the design and permitting, dedication of right -of --way or poixt tstottmw+a�e�tion for Logan North Phase for Logan North Phase 2. s' r 3. The Developer wilt yide'-the--C ity storm\�wat4r management outfalls and easements within the Development in a"0,mrdkpce wit the ajpro*d plans for Logan North Phase 1. The storm water manageri:tystbmo� efent shall be designed to treat the surface water from Logan North' P taie tl +a r uality standards specified in all governmental permits and o� i *3,Avy tlppmet#� veloper will also provide storm water retention fo an �lorth Phase 2 cot istent wit� ,&/approved plans for Logan North Phase 2, as such plimi,%y be hereafter modifii wt t tli approval of the City of Bonita Beach and/or Lee County, asba�ilicable. `' 4. Within ten (10) business days`aftertlie County executes a copy of this Agreement and delivers same to the Developer, the Developer shall assign to the County, without representation or warranty, the approved plans, right-of-way permit, and valid Unitdd States Army Corps of Engineers ("USACOE") and South Florida Water Management District ("SFWMD") permits for Logan North Phase 1 (collectively, the "Logan North Phase 1 Plans and Permit"). The County acknowledges that the Developer's USACOE and SFWMD permits for the entire Development include Logan North Phase 1 and there are no separate USACOE and SFWMD permits for Logan North Phase 1. In that regard, the assignment of the USACOE and SFWMD permits required by this paragraph 4 shall be a partial assignment of the Developer's USACOE and SFWMD permits for the entire Development to the extent such permits relate to Logan North Phase 1, and the Developer shall retain all other rights under such permits. Prior to the expiration of the SFWMD permit, Developer shall extend the permit expiration date to a minimum of December 30, 2017. Within 90 days of the approval of this Agreement by the Board of County Commissioners, the Developer and County shall enter into a slope easement agreement for a strip of land within Tracts F-2, OS-2, OS-3, OS-9 and OS-10 of the Parklands Plat, recorded at Plat Book 58, Pages 37 through 66, inclusive, of the Public Records of Collier County, Florida, which strip of land shall be twenty-five (25) feet in width and be located adjacent to the right-of-way for Logan North Phase 1. il �bJ Packet Pg. 1363 OR 5274 PG 414 16. F.2.a 5. The County, at its sole cost and expense, shall be solely responsible for the construction of Logan North Phase 1 and all improvements which are part of the Logan North Phase I project in accordance with the Logan North Phase 1 Plans and Permit. The Developer shall be responsible to partially reimburse the County for the costs of construction of Logan North Phase 1 by paying to the County, on the terms hereinafter provided, an amount (the "Developer's Reimbursement Amount") equal to the lesser of. (i) 18.6% of the Logan North Phase 1 Low Bid as awarded and approved by the Collier County BCC (as hereinafter defined), or (ii) 18.6% of the Logan North Phase 1 Upset Amount (as hereinafter defined). In that regard, the County and the Developer agree that based on an estimate from the design engineer for Logan North Phase 1, the current estimated cost of construction of Logan North Phase I is $5,327,472.00 (the "Logan North Phase 1 Estimate'l with a 50% match being reimbursed to the County by FDOT in accordance with the TRIP Agreement. Following the execution of this Agreement, the County shall advertise and bid the Logan North Phase I project in accordance with the County's normal solicitation procedures -for public road projects. The County shall provide written notice to the Developer, orth Phase 1 Bid Notice") documenting the results of such solicitation i�lttng all qbt from lowest to highest, with the dollar amount of the lowest quaa�innnd awarded bid being hereinafter referred to as the "Logan North Phase 1 Low Bid". In the`- t_that the Logan North Phase 'I Low Bid exceeds an amount equal to 105% of the Logan J or P ase Estimate (such\,105% amount being hereinafter referred to as the "Logan,'Noo Phase 1 t Amo_un " then4he 6unty, in its Logan North Phase 1 Bid Notice to the Deir q�w e i ly Cll ! (ir �t a!t S Agreement in which event the It provisions of paragraph 8 belcv shall plilIn a iverlt tt is i greement has not been terminated pursuant to the immediatO �8 sc r �r rags h bold then provided the County completes construction oo an North Phase 1 as" ' vide in tsAgreement, the Developer shall pay the Developer Ref ursement Amount to,." Cebu }five (5) equal installments, which shall not bear any mte' ",with the first install ` 146 'due and payable no later than the date the Developer recess ,a .certificate of occupa for the 2971h dwelling unit in the Development (the "297`s CO Date ��, t)te-,sccqWAnst ltri Tieing due and payable one year following the 297`" CO Date, and subs 4*Ot itt ents being due and payable each year thereafter until the Developer Reimbursem61i�Arrrotint has been paid in full. Notwithstanding the j foregoing, in the event that the 297" CO Date occurs prior to the County's completion of Logan North Phase 1, then the first installment of the Developer Reimbursement Amount shall not be due and payable until the date which is thirty (30) days after the Developer's receipt of written notice from the County of preliminary acceptance of Logan North Phase 1 (such date being hereinafter referred to as the "Extended First Payment Due Date") and subsequent installments shall be due and payable on each subsequent anniversary of the Extended First Payment Date until the Developer Reimbursement Amount has been paid in full. If the Developer fails to timely pay any installment of the Developer Reimbursement Amount, then no further certificates of occupancy for dwelling units in the Development shall be issued until such time as payment thereof has been made. 6. The County agrees to let and open bids for Logan North Phase 1 on or before September 30, 2016, commence construction of Logan North Phase 1 on or before December 30, 2016, and complete construction of Logan North by no later than September 30, 2017. In the event the County has not let and opened the bids for Logan North Phase I on or before September 30, 2016 or commenced construction of Logan North Phase I on or before December 30, 2016, then the Developer, by written notice given to the County within fifteen (15) days Q �bJ Packet Pg. 1364 OR 5274 PG 415 16. F.2.a following September 30, 2016 or December 30, 2016, as applicable, may elect to terminate this Agreement, in which event the provisions of paragraph 8 below shall apply. 7. The Developer has previously completed construction of the segment of Logan North from the project entrance of the development commonly known as Riverstone to the project entrance of the Development. In that regard, the County agrees to promptly conduct final inspections of such segment of Logan North so that the Developer may accomplish final acceptance of such segment by the County prior to the time that the County commences construction of Logan North Phase 1. The County agrees to take over the maintenance of such segment of Logan North upon a satisfactory final acceptance of the road by the Collier County Growth Management Department. Final acceptance of such segment of Logan North shall be based on the plans and the Collier County right-of-way permits for such segment and Collier County Codes in place as of the date of this Agreement. Final acceptance shall be consistent with the typical County acceptance process for, public-, roads, The Developer is not entitled to any impact fee credits or any other considtiocdit from the County for the construction of such segment of Logan North. S. In the event is reement is terminated by the County pursuant to paragraph 5 Z above or by the Developer urs an� ra raph 6 above, then:,(i) the County shall immediately re -assign to the Developet, wiihout reprelteatatl n �can or t�Ohe :�ogan North Phase I Plans and Permit, (ii) the Original gfe' ri�tnt shallbi '; ,[ ee�ed rq�shstated, and (iii) except for the provisions of this paragraph 8 this Agreemei 11 `' -deettiiofPo further force or effect. it Mogan North Phase 2'onstMi�t 9. The Develop` sits sole cost and e)tags�e�`sa commence construction of Logan North Phase 2 prior to c�of a certificate of o, LW for the 297`1' dwelling unit in the Development and shall com � iota_.w � CA Phase 2 within one (1) year following the date the Developer rect»V� t' id €oi 6upancy for the 297 dwelling unit in the Development. If construction of Log `Worttr`hT ase 2 is not completed within one (1) year following receipt of a certificate of occupancy for the 297a' residential dwelling unit in the Development, then no further certificates of occupancy shall be issued until such construction is complete. Following completion of Logan North Phase 2, the Developer will be authorized to receive certificates of occupancy for the remainder of the Development. Anything to the contrary notwithstanding, in the event the County does not complete construction of Logan North Phase 1 on or before September 30, 2017 (and the Developer has not elected to take over such construction pursuant to paragraph 5 above), then, in addition to any other remedies available at law or in equity to the Developer for such failure by the County to timely complete construction of Logan North Phase 1, the Developer's deadlines to commence and complete construction of Logan North Phase 2 as provided above shall be extended one day for each day after September 30, 2017 until the County completes construction of Logan North Phase 1. By way of illustration, if the County does not complete construction of Logan North Phase I until November 14, 2017, then the Developer's deadline to commence construction of Logan North Phase 2 will be forty-five (45) days following the date the Developer receives a certificate of occupancy for the 297`s dwelling unit in the Development and the Developer's deadline to complete construction of Logan North Phase 2 will be one (1) year and forty-five (45) days following the date the Developer receives a certificate of occupancy for the 297u' residential m LO d E 0 U d a U 0 d c d E a Y c d E U Z Y ZI �bJ Packet Pg. 1365 OR 5274 PG 416 dwelling unit in the Development. It is understood that Logan North Phase 2 lies within Lee County, that Collier County shall have no right or obligation with respect to any matter dealing with the construction of Logan North Phase 2 (including permitting and right-of-way), and that the Developer's inability to build the remainder of its Development in the manner set forth above will not be waived by the County should the Developer fail to complete construction of Logan North Phase 2. Logan/Immokalee Intersection Improvement 10. Prior to receipt of the certificate of occupancy for the 181" dwelling unit within the Development, the Developer, at the Developer's sole cost and expense, shall have completed the Logan/Immokalee Intersection Improvement, which includes two (2) additional southbound lanes for Logan North at Immokalce Road and is more particularly shown on Exhibit "A" attached hereto and made a part hereof. I the L.oganlImmokalee Intersection Improvement has not been completed prior to receipt of hd. Ort(rjoiie,of occupancy for the 181" dwelling unit within the Development, no f e Cates--<,, c #ncy shall be issued until the Logan/Immokalee ]ntersectiop� e. ment is complete �� "- .. 11. Upon preliminary ap ptance ofthe_1, an/Im kalee Intersection Improvement by the County, the Developer sha l be en Sled r d m ci credits in an amount equal to the lesser of: (i) 81.4% of the ktiteis �torb �p�o %eniw o id (as hereinafter defined), or (ii) 81.4% of the actual costs of Co strudtio ttif tit Loga mok4lee Intersection Improvement; provided, however, in ssclfi{,4�a'd im�edits exceed the sum of $650,576.01, which sum *Y 4% of an amount eqo to 105%,' ft0e current estimated cost of construction of the Loga kalee Intersection In emeyq," aged on an estimate from the design engineer for such �tmprovement. Prior 4,,.�*tencing construction of the Logan/Immokalee Intersectioi�Irpp�vement, the County 'tt fi Developer shall cooperate to advertise and bid the Logan/Ime�tt�rsecttoriprent project in accordance with the County's normal solicitation procedure'cj pu6Ji ad' projects. The County shall provide written notice to the Developer (the "Inter`s"e'ctM"improvement Bid Notice") documenting the results of such solicitation and ranking all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as the "Intersection Improvement Low Bid". The Developer may negotiate with any of the bidders or any other qualified contractor, and in that regard the Developer shall not be obligated to award the construction of Logan/Immokalee Intersection Improvement to the low bidder or to any of the responsive bidders; however, in no event shall the Developer be entitled to road impact fee credits for the Logan/Immokalee Intersection Improvement which exceed the amount set forth above. Impact Fee Credits 12. Any road impact fee credits to which the Developer is or becomes entitled under this Agreement shall run with the Development and shall be reduced by the entire amount of the 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 SO Packet Pg. 1366 OR 5274 PG 417 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 shall be the Developer's obligation to notify the County that a credit is available for each building permit. 13. Any unused impact fee credits remaining upon completion of the Development shall be reimbursed to the 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 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. 14. An annual rev.t�v anti` audit of perform'a&d` 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 ment and to-roport the 'gedif applied toward payment of road impact fees and the balance of avail_ `iised credit. The County shall provide written notice to the Developer of arsy faiiacrrpyytt a el+eiope will be given reasonable opportunity to cure such failure. Sho ld h D �%�1�t cure such failure, the matter may be forwarded for review s Boat kle�ur y Cop ,nIf the Board of County Commissioners finds, on �#i°e \basis of substantial b9,Irtpet� t e+lrce, that there has been a failure to comply with th rms of this Agree tlts It may be revoked or unilaterally modified by the �i niy. '"fr 15. The burdens of thtgienuettm.,ball #iiidng upon, and the benefits of this Agreement shall inure to, all successors, ►c ,4t t epiAes to this Agreement. Upon giving written notice to the County, the Developer nmy-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. 16. The Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve the 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. 17. Nothing in this Agreement shall be construed to divest the Development of its pre-existing vested status under Florida Statutes and case law. 18. "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, or terrorism. N M Lo Ln to as E 0 U a) Q U 0 as c as E Q r c a) E U M Q SO Packet Pg. 1367 OR 5274 PG 418 1 6.F.2.a 19. 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_resultof the particular event; and . 06 d. The non-perfo party"'resuntes,o i nce of its obligations under this Agreement and provides the sir arty with written note€ such resumption as soon as the tthh Force Majeure circumstances arse isolved or eliminated. 20. This Agree agreement under the Florid or federal laws are enactei preclude in whole or in phi but not limited to State �ji impact fees, then in such i comply with such laws in a the n which materialtJ > Agreement shall which best reflects erized as a development Tent Act. In the event state hich are applicable to and this Agreement, including ,ounty's ability to charge revoked as is necessary to s Agreement. 21. The Developer sf"t ` cuie tgr'ee't'�prior to it being submitted for approval by the Board of CountyCo i o ei� ' is ;Agreement shall be recorded by the County in the Official Records of Collier'Ca nnty-"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. 22. 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. 23. 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 al Off. J Packet Pg. 1368 OR 5274 PG 419 1 6.F.2.a 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: General Counsel Phone: (954) 753-1730 24. This Agreement 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, including, without limitation, the Original Agreement. All prior representations, undertakings, and agreements by or betrtilie hereto with respect to the subject matter of this Agreement are merged)att � expresl;e'' tot greement, and any and all prior representations, undertakin s ,, "F p g , eu�greements by and bet�v ei such parties with respect thereto, including, without limitatiorr, the O— 1-1—lyAgreement, are by canceled. Nothing contained herein shall be deemed or constru ^Iq create between or ng any of the parties any joint venture or partnership not otherwisse,graik to bAe another the right, )authority or power to bind any other party hereto to any ggre�1, IN WITNESS WI' e* s by their appropriate officik*,;� of the date first ATTEST, DWIGHT E BRC CK, CLERK , a 'A ty Clerk fittest as to signature 01y, to be executed BOARD OFO,I°il~iTY COMMISSIONERS COLLIER C FLORIDA o: By--,— DONY4A FIALA, CHAIRMAN REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW N M U) LO 7 to E 0 V a U N c N E Q c d E s �a .r .r Q 06. J Packet Pg. 1369 OR 5274 PG 420 1 ti.F.2.a AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Witness Nam . S9AW3 .W jW 7 x5 Witness Name: State of Florida. County of Broward ) The foregoing instl( 2016, by Richard Arkin, V General Partner of Parklanc behalf of said limited liabili produced PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited partnership By: Parklanroti ration, a Florida General Partner By: Richard Arkin, Vice President r c c o ed d bqJ m 1iis day of Aor 1 I, ident of Parklart Ip Ge�par r'oration, a Florida co oration, fates I, LLLP, a irida Iii'n liability limited partnership on d partnership, who s ersonall known to me or has �i ` �,. Y ) ILI Nota Public NOTARY S KATHLEEN M. COFFMM Iav coM ).+as;c'J # EE 852,99 • EXPIRES: Mach 18, 2017 Appro d to orm and leeggj i s 1c ency: Jeffrey A. County A I� 10 Printed Name Commission No Expiration Date N M Ln LO T d 0 d a U 0 d c m E a c d E M V f0 r a Packet Pg. 1370 OR 5274 PG 421 SCHEDULE OF EXHIBITS 1. Exhibit A — Logan/Immokalee Intersection Improvement 11 I Packet Pg. 1371 1 OR 5274 PG 422 16. F.2.a I=XH991T A No- I o ? 11m, I21���it {''�� lit gglit. It E; e! �\�•� . u�\ ����Y� is ,j � j � � � i i� iifi ,�` ���,_-e ;�.�.lµ 1�: J®® � f l I 1``� iF•�I�E�1{�� f �� t yt si�tE�t ii � ' •"M; 41JU 31It 11 if H 14* t tir" ii ' it tt t! I gold l�so If tiit f i(t it`ii BEY i,`�t -------•----- PAJOKALEE RO. f • If ;� t !i t i i : t , ( >.a ow�wccvuact twsnn o,amcx ►Altlt !ANDS =SOMTES 1 ULP 1 , e t $ ...•- ����'� DELISI FITZGERALD, INC. Y� e � N+N'y-bppr.ryy ►,oYeY�ww+t + g' LOGAN BLVD. 1p71i°�4i z TURN LANE IMPROVEMENTS r..tiJ,o, n 'V-FL.ts+uae:r, W Packet Pg. 1372 BeSt Ava I I cin I e Imaye *** OR 5274 PG 423 *** 0 --------•--------- - - - - --- 1- - - - - -'- --- MYOIGLEE RD. * V, ` 1+ 8 ti a, wxu.rcwm a vgow c i �,� m.s.�A�SOCULiESIIW ems. DELISI FITZGERALD, INC. 'e•nau�...�n+ lyun:g. E^RrwrnO•FR�y uuip�^r'+ T 9 p 5 ` LOGAN BLVD. 10S1i6 A� 1;. TURN LANE IMPROVEMENTS•.' a�=v p iZdsE � — �y Packet Pg. 1373 Best Avai e