Developer Agreement DEVELOPER AGREEMENT
ORANGETREE
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this 6 of November, 2020, by and among Pulte Home Company, LLC, a
Michigan limited liability company (hereinafter referred to as the "Developer"), Collier County,
Florida, a political subdivision of the state of Florida(hereinafter referred to as "County") and the
Collier County Water-Sewer District.
RECITALS:
WHEREAS, Pulte Home Company, LLC is the Contract Purchaser for a portion of the
Orangetree Planned Unit Development (PUD) (hereinafter referred to as the"Development)" and
as shown as Exhibit A; and
WHEREAS, the County has a planned improvement to widen Randall Boulevard from 8th
Street NE to Everglades Boulevard (hereinafter referred to as the "Road Project"), which is likely
to be constructed after the anticipated completion of the Development; and
WHEREAS,the County's conceptual plans for the road Project requires right-of-way and
stormwater management from the Developer, which is required by the Orangetree MPUD
(Ordinance 12-09); and
WHEREAS,among other considerations,as set forth below,in exchange for(1)the County
reserving capacity within its transportation concurrency system for 825 single family homes, in
lieu of any"pay and go"amount,the Developer is willing to(1)donate right of way along Randall
Boulevard;design the development to receive and treat the stormwater created by the Road Project
up to 5.6 acres of lake area onsite; and prepay a portion of their road impact fees.
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:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. This Agreement shall become effective upon the execution of this Agreement by
both parties and is contingent upon the purchase of the property by Developer. Developer shall
notify the County within 30 days of the closing that it has purchased the property.
Public Utilities Commitment
3. The Developer and Collier County Water-Sewer District will work in good faith to
construct a water-main and sewer force-main between Oil Well Road and Randall Boulevard with
cost sharing and routing to be determined.
INSTR 5955888 OR 5846 PG 2669
RECORDED 11/18/2020 9:50 AM PAGES 8
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$69.50
Transportation Commitments
4. Within 90 days of closing, the Developer shall convey 20' of land along the south
property boundary to the existing Randall Boulevard right-of-way to accommodate future
widening as depicted in Exhibit B. Developer shall convey the land to the County in fee simple,
free and clear of all liens and encumbrances, by statutory warrant deed. Developer shall provide
at no cost to the County an attorney's opinion of title, and Developer shall be responsible at all
costs for promptly removing or curing any liens,encumbrances or deficiencies revealed in any title
work. Developer will provide the County Attorney's Office with an executed deed (including
sketches and legal descriptions signed and sealed by a Florida Licenses Surveyor), suitable for
recording. Upon receipt, the County shall record the deed in the Public Records of the County.
Developer shall pay all costs associated with recordation of the deed. The Developer shall not
receive compensation for this right-of-way donation. No further compensating right-of-way shall
be necessary for site related left turn lanes on either Randall Blvd, or Oil Well Rd. Site right turn
lanes on Oil Well Rd and Randall Blvd may require compensating right of way only to the extent
physically needed, where the developer shall be permitted to utilize the existing right-of-way if
improvements can be so designed (i.e. permit sidewalk along back of curb along the turn lane). In
addition, Developer will not be required to install or pay in lieu of a sidewalk, multi-use pathway
or bike lanes within or along the Randall Boulevard right-of-way between Approach Boulevard to
the eastern property boundary. Developer will agree to grant up to a 20 ft slope easement along
Randall Blvd if needed to allow the tie in of the future Randall Blvd roadway improvements to the
site, as applicable. Collier County will be responsible for permitting, restoration of the slope
easement area to like conditions(i.e. permit/restore preserve native plants),or better, as applicable.
5. Should the County be ready to construct Randall Boulevard improvements prior to
the approval of the first development order establishing the stormwater management area, within
30 days of a request by the County, the Developer shall provide a temporary drainage easement in
the area shown on the PUD Master Plan Exhibit as reservation for lake site, to allow the County
to place ponds. This area may be altered by the Developer once the development commences. All
costs associated with these easements (title work, doc stamps, recording, etc.) will be paid by the
Developer. The County will be responsible for all permitting and construction costs should the
temporary drainage easement be utilized.
6. Developer shall design the project stormwater lakes system to provide for treatment
and attenuation of stormwater runoff for the future widening of Randall Boulevard. The required
treatment and attenuation volumes are equivalent to accommodate a 5.6-acre wet pond site as
shown on Exhibit B. The Developer will convey to the County a drainage easement and lake
maintenance easement, free and clear of all liens and encumbrances and without responsibility of
maintenance at the time of first subdivision plat or site development plan approval. Developer
shall provide at no cost to the County an attorney's opinion of title, and Developer shall be
responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. Developer will provide the County Attorney's Office with an executed
easement (including sketches and legal descriptions signed and sealed by a Florida Licensed
Surveyor), suitable for recording. Upon receipt,the County shall record the easement in the Public
Records of the County. Developer shall pay all costs associated with recordation of the easement.
Developer shall be solely responsible for any permit fees and mitigation for any listed species and
wetland impact required by any permitting agencies. The Developer shall not receive
compensation for this easement donation.
7. To allow for the future connection by the County of the stormwater generated by
Randall Boulevard, Developer shall install stormwater discharge points for Randall Boulevard at
the earlier of the County notifying the Landowner that it will commence construction of Randall
Boulevard or at the time it constructs its stormwater management system in the vicinity of Randall
Boulevard. Discharge points, pipe sizes and required elevations will be finalized during the
Developer's SFWMD ERP process. For this portion of the project, Collier County will require
two easements. The first is an easement to allow for the ultimate connection of the stormwater
pipes from the roadway into the manholes. The second is for a drainage and maintenance easement
along the conveyance pipes from the manholes to the stormwater lake and discharge.
8. Five years after the completion of the construction of the stormwater lake and
discharge system identified above and every five years thereafter,the Developer shall perform an
inspection by a certified engineer to assess the condition of the stormwater system. The inspection
report shall be forwarded to the County for monitoring. Developer and its successors in interest,
including any homeowner associations, will be solely responsible for the perpetual operation and
maintenance of the shared stormwater management system, which includes everything from the
manholes, to the conveyance pipes, to the stormwater lakes, to the ultimate permitted discharge.
Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the
importance of the drainage from roadway projects, the above drainage easement will include a
maintenance easement to allow Collier County to do whatever it deems necessary to repair or
maintain the drainage system. If, after reasonable written notice to the Developer of a repair or
maintenance issue concerning the shared stormwater management system goes unheeded, the
County may enter the Development for the purpose of repairing or maintaining the system, and
the Developer will pay the County its full cost incurred in conducting such repair and maintenance.
Developer may assign the obligations under this paragraph to a homeowner's association and upon
providing written notice of such assignment to the County;the Developer will be released from all
obligations under this paragraph.
9. Developer, on behalf of itself, its successors and assigns (including any and all
future owners and tenants within the Development), will give all successors, assigns, tenants and
buyers, who purchase or lease land from the Landowner a separate written notice of the planned
Randall Boulevard roadway improvements with the statement that the County will not construct
or contribute funding for the construction of any sound wall or other barrier of any kind to reduce
the impact, noise, etc.
10. Developer, on behalf of itself, its successors and assigns (including any and all
future owners and tenants within the Development), agree to not request a signal at the easternmost
development access points, which is anticipated to be a right in/right out/left in access when
Randall Boulevard is improved.
11. Within 180 days of the closing, the Developer shall prepay 1/3 of the anticipated
roadway impact fees. All prepaid Road Impact fees shall run with the Development and shall be
automatically reduced by the entire amount of each Road Impact Fee due for each Building Permit
issued thereon until the Development is either completed or the credits are exhausted or otherwise
assigned. Any assignments of Road Impact Fees shall be governed by the Collier County
Consolidated Impact Fee Ordinance,as amended from time to time. Any units that may be eligible
to obtain a certificate of occupancy prior to this payment being made shall be required to pay 100%
of the road impact fees due.
12. In lieu of any "pay and go" amount, the Developer agrees that it will not receive
impact fee credits or any other consideration for the value of any of the commitments set forth
herein. In consideration of receiving those benefits, the County shall reserve capacity within its
transportation system for 825 single family detached homes.
Legal Matters
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
14. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The
term "Developer" shall include all of Developer's assigns and successors in interest, including
Homeowner Associations.
15. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner 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.
16. 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, 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.
17. 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 Effective Date.
The Developer shall pay all costs of recording this Agreement. The County shall provide a copy
of the recorded document to the Developer upon request.
18. 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.
19. 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 shall be in writing and shall be sent by Certified
Mail, return receipt requested, or by a national recognized overnight delivery service, and
addressed as follows:
To County: To Developer:
Pulte Home Company, LLC, a
Collier County Manager's Office Michigan limited liability company
3299 Tamiami Trail East, 24311 Walden Center Drive,
Suite 202 Suite 300
Naples, Florida 34112-5746 Bonita Springs, FL 34134
20. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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 OUNTY COMMISSIONERS
CRYSTAL K, KIN/EI , Clerk
� p,..,aeolliaL"-
By: - By.
Attest.ast0 eliairt'nan'SI)eputy Clerk - ; . Chairman
signature only.
AS TO DEVELOPER: Pulte Home Company, LLC, a Michigan limited
liability company
WITNESS: algA---'
Wretcx 5txrckre...— .71C.c, z___
(Print full name) By:
Printed N•oe plc ftlk ri tes
�`A" Title: u4q G<!�
(Signs re)
r.L.- 3It.,4W. IL .72.
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this il- day of NovEMgre..
2020, by t4 c eL NUENiue , as VP of LAND of Pulte Home Company, LLC, a
Michigan limited liability company. He/Ste is [vj personally known to me, or [ J has produced
driver's license number as identificatio
a/L 6,k
NOTARY PUBLIC
Name: PAZICC i ce-
--s My Commission Expires: 6I�$I��2-
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Approv tf ' L and legality:
";: 4,14144,, PATRICK BUTLER
(40�,�:;state of Florida-Notary Pubtic
Commission*GG 2t8611
Jeffrey Kla ow, County Attorney %";; ,; � My Commission Expires
l ama,` June 18, 2022
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