Agenda 06/08/2021 Item #16K 8 (Revised Tri-Party Developer Contribution Agreement w/Ave Maria, District School Board)06/08/2021
EXECUTIVE SUMMARY
By request of the Collier County School Board, recommendation to enter into a revised Tri -Party
Developer Contribution Agreement with Ave Maria Development and the District School Board,
and approve the issuance of educational impact fee credits to the Developer for the construction of
a public elementary school on School Board property within the Town of Ave Maria.
OBJECTIVE: That the Board of County Commissioners (Board) approves the proposed revised Town
of Ave Maria Tri-Party Developer Contribution Agreement (Replacement DCA) in order to issue
educational impact fee credits to the Developer of Ave Maria for construction of a public elementary
school on School Board property in the Town of Ave Maria, as provided for in the DCA.
CONSIDERATIONS: On March 10, 2020, under agenda item 16.K.3., the Board approved the original
Tri-Party Developer Contribution Agreement (Original DCA) between Ave Maria Development, the
District School Board, and the County, relating to the construction of a public elementary school in the
Town of Ave Maria in exchange for the issuance of educational impact fee credits to Ave Maria
Development.
On May 11, 2021, the following Executive Summary was brought before the District School Board and
was approved, for the described revisions to the Original DCA:
“On March 2, 2020, the District School Board of Collier County, Florida (the “District”)
approved a Tri-Party Developer Contribution Agreement (the “Original DCA”) between
Ave Maria Development, LLLP (the “Developer”), the District and the Board of County
Commissioners (the “County”) providing that the Developer shall design, permit and
construct an elementary school on 46 acres of land owned by the District and located in
the Town of Ave Maria (the “Land”) in exchange for the County issuing an educational
impact fee credit (the “Impact Fee Credit”) to the Developer for the cost of the school.
The parties now want to make changes to the terms and conditions of the Original DCA
and terminate and replace it with a revised Tri-Party Developer Contribution Agreement
(the “Replacement DCA”). The major changes to the Original DCA as revised and set
forth in the Replacement DCA are summarized below.
In the Original DCA, the Developer was required to design, permit, finance, and
construct a single building (with appropriate furniture, fixtures and equipment) designed
to accommodate approximately 400 elementary school students on the Land. In the
Replacement DCA, the Developer is required to now build an elementary school with
capacity for 500 students (the “Project”).
In the Original DCA, the Project Costs were estimated to be Ten Million Dollars
($10,000,000). In the Replacement DCA, the Project costs are now estimated to be
Twenty Three Million ($23,000,000.00), with the final amount determined by the District
and the Developer based upon the actual cost of the Project.
In the Original DCA, the Developer was going to finance, construct and complete the
Project and then receive an Impact Fee Credit for the final cost of the Project. In the
Replacement DCA, the County will now track the collection of all educational impact
fees paid within the Ave Maria SRA boundary and will provide the School District and
Developer a monthly report of those collections with each disbursement to the School
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District. The School District will establish a separate account specifically for the Project
to set aside the disbursed funds (the “Project Collections”). The School District shall
commence the set aside of the Project Collections on August 1, 2021 and continue for up
to Five (5) years unless construction of the Project begins; or the School District and
Developer agree to release the Project Collections early for another school project. If no
construction takes place for the Project within the Five (5) year collection period, the
School District may expend the Project Collections on other projects in its sole and
absolute discretion. Developer may draw on the Project Collections at any time for the
purposes of paying the Project Costs, subject to the review and approval of the School
District. Once the Project Collections are exhausted, additional Project Costs incurred by
Developer will be reimbursed by the issuance of the Impact Fee Credit.
Finally, in the Original DCA, the estimated completion date for the Project was in August
of 2021. In the Replacement DCA, the parties now anticipate that construction of the
Project shall commence in the second half of 2022 with the intention of opening the
elementary school in August of 2023. Due to market variability, the School District (or
its designated staff) and Developer agree to meet annually on the anniversary of this
Agreement to determine if construction commencement for the Project should be
extended an additional year.
In accordance with the Replacement DCA, the District (or its designated staff) shall
retain the right to review and approve all Project Costs and the District shall have the
right and authority to name, staff and operate the elementary school constructed on the
Land in accordance with its applicable procedures and policies.”
The proposed Replacement DCA has been executed by the Developer and was approved by the District
School Board on May 11, 2021.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
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: That the Board of County Commissioners approves, and authorizes the Chair
to sign, the attached revised Town of Ave Maria Tri-Party Developer Contribution Agreement.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ave Maria Tri-Party DCA (PDF)
2. Original DCA - OR 5743 Pg 784 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 16022
Item Summary: By request of the Collier County School Board, recommendation to enter into a
revised Tri-Party Developer Contribution Agreement with Ave Maria Development and the District
School Board, and approve the issuance of educational impact fee credits to the Developer for the
construction of a public elementary school on School Board property within the Town of Ave Maria.
Meeting Date: 06/08/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
05/24/2021 10:05 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/24/2021 10:05 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/24/2021 10:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/24/2021 10:41 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/31/2021 2:27 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/31/2021 7:54 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
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16.K.8.aPacket Pg. 2128Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2129Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2130Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2131Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2132Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2133Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2134 Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School
16.K.8.aPacket Pg. 2135Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2136Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2137Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
16.K.8.aPacket Pg. 2138Attachment: Ave Maria Tri-Party DCA (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2139 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2140 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2141 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2142 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2143 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2144 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2145 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2146 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2147 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)
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Packet Pg. 2148 Attachment: Original DCA - OR 5743 Pg 784 (16022 : Recommendation to enter into a revised DCA with Ave Maria Development and the School Board)