Agenda Item 13-c Meeting of 09/06/17 RESOLUTION 2017- A RESOLUTION DETERMINING DEVELOPMENT AGREEMENT PETITION 17-DA1 TO ALLOW OFFSITE DEVELOPMENT PROPOSED BY THE LAND OWNER OR ITS DESIGNEE TO PROVIDE REQUIRED PARKING WITHIN AN ONSITE PARKING STRUCTURE LOCATED AT 936 5 TH AVENUE SOUTH, MORE FULLY DESCRIBED HEREIN; DIRECTING THE CITY CLERK TO RECORD THE DEVELOPMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Brookline Companies, LLC, a Florida limited liability company, petitioner, has requested approval of a Development Agreement to allow offsite development proposed by the land owner, or its designee, to provide required parking within an onsite parking structure located at 936 5 th Avenue South; and WHEREAS, The George, LLC, a Florida limited liability company, is owner of the property; and WHEREAS, John M. Passidomo, Cheffy Passidomo, agent, has been authorized by the owner to file this petition; and WHEREAS, the Planning Advisory Board, following an advertised public hearing, considered the public input, the recommendation of the staff, and recommended by a vote of 6 to 0 that Petition 17-DA1 be approved; and WHEREAS, after considering the recommendation of the Planning Advisory Board and after providing the petitioner, staff and the public an opportunity to present testimony and evidence, the City Council finds that the criteria for granting the petition HAVE/HAVE NOT been met and that the petition should therefore be GRANTED/DENIED; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. Section 2. That Development Agreement Petition 17-DA1 is hereby approved to allow offsite development proposed by the land owner, or its designee, to provide required parking within an onsite parking structure located at 936 5 th Avenue South, in accordance with the Development Agreement attached hereto as Exhibit A. That the City Clerk is hereby directed to record the Development Agreement in the public records of Collier County within 14 days.
Resolution 2017- Page 2 Section 3. Section 4. That a copy of the recorded Development Agreement shall be submitted to the state land planning agency within 14 days after the Development Agreement is recorded. That this resolution shall take effect upon the effective date of Ordinance No. 2017- and the Development Agreement shall not be effective until it is properly recorded in the public records of Collier County and until 30 days after having been received by the state land planning agency pursuant to Section 163.3239, Florida Statutes (2016). PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 6 TH DAY OF SEPTEMBER, 2017. Attest: Patricia L. Rambosk, City Clerk Bill Barnett, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk: L/Legislation\09062017\8/30/2017 9:50 AM_vls
Resolution 2017- Page 3 EXHIBIT A DEVELOPMENT AGREEMENT This Agreement (the "Agreement") is made and entered into, effective as provided under the hereafter described Act (the Effective Date ), by and between THE BROOKLINE COMPANIES, LLC, a Florida limited liability company, whose Post Office Address is 14004 Roosevelt Blvd., Suite 601C, Clearwater, Florida 33762 ("Land Owner") joined by NAPLES RE- DEVELOPMENT, INC., a Florida corporation, whose Post Office Address is P.O. Box 1309, Naples, Florida 34106 and the CITY OF NAPLES, a municipal corporation of the State of Florida, whose Post Office Address is 735 Eighth Street South, Naples, Florida 34102 (the "City"). For and in consideration of the mutual covenants contained in this Agreement, for the purposes set forth in the Florida Local Government Development Agreement Act, Sections 163.3220 through 163.3243, Florida Statutes, (the "Act"), and for other good and valuable consideration, the receipt of which the parties hereby acknowledge, City and Land Owner agree as follows: RECITALS This Agreement is entered into under the authority of the Act. The legal description of the land subject to this Agreement is: Parcel I: Lots 1 through 4, and the North 20 feet of Lot 5; Lots 11 through 16, and that part of the vacated alley lying East of Lot 11 and West of Lots 1 through 4 and the North 20 feet of Lot 5, all located in Block 15, Tier 10, Replat by Naples Seaboard and Gulf Railway Company, per Plat Book 1, Page 59, Public Records of Collier County, Florida; Parcel II: Lots 27 through 31, and the West 5 feet of Lot 32, in Block 15, Tier 10, Replat by Naples Seaboard and Gulf Railway Company, Per Plat Book 1, Page 59, Public Records of Collier County, Florida; and An east-west alley located between Parcel I and Parcel II (collectively, the Land ). (a) The name of the legal owner of the Land is Naples Re-Development, Inc., a Florida profit corporation. (b) The name of the equitable owner of the Land is The Brookline Companies, LLC, a Florida limited liability company. 4. This Agreement has been approved by the City after the following two public hearings: (a) The Naples Planning Advisory Board, as the City's local planning agency, held a public hearing on, 2017, pursuant to a notice thereof published in the
Resolution 2017- Page 4 Naples Daily News, a newspaper of general circulation and readership in Naples and Collier County, Florida, on the day of, 2017. (b) The Naples City Council held a public hearing on, 2017, pursuant to a notice thereof published in the Naples Daily News, a newspaper of general circulation and readership in Naples and Collier County, Florida, on the day of, 2017. 5. At such hearings, the comments of the public were received and considered, and the City Council, having considered such comments and the recommendations of the Naples Planning Advisory Board, adopted Resolution No. authorizing execution and delivery of this Agreement. TERMS AND CONDITIONS 6. The duration of this Agreement is fifteen years. 7. The parties recognize that the contemplated 87 space excess parking capacity in the parking structure approved under the Site Plan with Deviations Application for the Land was proposed to be constructed by Land Owner to (i) create a parking pool reserved to discharge parking obligations incurred by Land Owner or its designee for future developments located within 600 of the Land under standards for offsite parking prescribed in the Naples Code and thereby (ii) preserve spaces in the municipal parking garage and along the public right of way for public use. If the parking structure approved under the Site Plan with Deviations Application is constructed on the Land, when building permits are thereafter issued for offsite development proposed by Land Owner or its designee to discharge the corresponding parking obligation for that offsite development in the onsite parking structure, the Land Owner or its designee will contribute the sum of $20,000 for every parking space in the onsite parking structure allocated to the offsite development, up to the aggregate amount of $1,000,000, as a financial contribution to the City of Naples. 8. The development uses permitted on the Land, including population densities, building intensities, and height are as follows: Approximately 51,654 square feet of non-residential commercial uses, population densities prescribed under D Downtown District development standards, a four-level parking structure, and building heights of 42 measured from 1 st floor FEMA Elevation. 9. Public Facilities (a) The public facilities that will service the Land, including those who currently provide such facilities, are as follows: (1) Water - City of Naples (2) Sewer - City of Naples (3) Solid Waste - City of Naples
Resolution 2017- Page 5 (4) Water Management - City of Naples and South Florida Water Management District (5) Fire - Naples Fire Department (6) Police - Naples Police Department (7) Emergency Medical Service - Collier County (b) There are no public facilities to be designed or constructed by Land Owner to serve the Land, except as expressly provided in this Agreement. (c) The City will adopt a schedule to assure public facilities are available concurrent with the impacts of the development of the Land. (d) The existing City water and sewer systems have sufficient capacity and levels of service available to serve the Land, and the Land may be served upon the payment of applicable systems development charges in accordance with the rules and regulations of the City Utility Division. There are adequate public facilities, in addition to water and sewer, available and reserved to serve the Land concurrent with the impacts of the development authorized by this Agreement so that no development order or permit for development on the Land will be denied or delayed on the basis of lack of adequate public facilities. The adequacy of same and schedule of improvements are contained in the Naples Comprehensive Plan or will be adopted by the City to assure that public facilities are available concurrent with the impacts of the development of the Land. 10. There is no reservation or dedication of land for public purposes. 11. All local development permits approved or needed to be approved for development of the Land are as follows: (a) (b) (c) (d) Final Design Review; Alley Vacation; Demolition Permit; and Building Permit. 12. The City has determined that the uses, densities, intensities, heights, performance standards and development proposed and permitted under this Agreement for the Land are consistent with the Naples Comprehensive Plan and Land Development Code. 13. There are no conditions, terms, restrictions, or other requirements except as may be contained in other development orders or permits determined to be necessary by the City except those relating to the alley vacation and final design review, and those administrative permits such as building permits, utility permits and similar permits. 14. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Land Owner of the necessity of complying with the law governing said permitting requirement, condition, term, or restriction.
Resolution 2017- Page 6 15. Development of the Land may proceed in phases, and the development of the phases may proceed in any sequence; but neither the entire development nor any phase thereof must be commenced or completed within a specific period of time. 16. The City's laws and policies governing development of the Land on the Effective Date of this Agreement shall govern the development of the Land for the duration of this Agreement. 17. This Agreement contains the entire agreement between the City and Land Owner as to the subject matter hereof, there are no other prior or contemporaneous terms, conditions, promises, undertakings, statements, or representations, express or implied, by or between the parties which are not incorporated herein, and this Agreement may be modified or cancelled only by an agreement in writing executed by the parties, their successors, or assigns. 18. This Agreement does not affect multi-party rights or establish community-wide policy; affects and binds a specific private party; is subject to notice and hearing; includes specific findings based on statutory standards; and may only be modified or terminated with the written consent of the parties to it. 19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid, but in the event any such provision should be held invalid or unenforceable, the remaining provisions hereof shall not be affected thereby, unless the provision has the effect of altering in a substantial way, the economics, function or design of the development. 20. In any litigation arising out of this Agreement, each party shall bear its own attorneys fees. 21. Land Owner represents and warrants to the City that: (a) (b) (c) The execution, delivery, and performance of this Agreement by Land Owner will not violate any law, or the terms of any agreement by which it is bound. Land Owner has the power and authority to enter into this Agreement, and to perform the transactions set forth herein, and all the documents have been duly authorized, executed, and delivered and the transactions contemplated herein have been duly authorized. This Agreement constitutes a valid and legally binding obligation of Land Owner, entered into after independent investigation by it of the information contained herein, and is enforceable in accordance with its terms. 22. The City represents and warrants to Land Owner that: (a) The execution, delivery, and performance of this Agreement by the City will not violate any law, or the terms of any City ordinances.
Resolution 2017- Page 7 (b) (c) The City has the power and authority to enter into this Agreement, and to perform the transactions set forth herein, and all the documents have been duly authorized, executed, and delivered and the transactions contemplated herein have been duly authorized. This Agreement constitutes a valid and legally binding obligation of the City, entered into after independent investigation by it of the information contained herein, and is enforceable in accordance with its terms. 23. Naples Re-Development, Inc., a Florida corporation, joins in the execution of this Agreement to acknowledge its consent as legal owner of the Land to the terms and conditions hereof. The City acknowledges, that upon transfer of legal and equitable fee simple title from Naples Re-Development, Inc. to the Land Owner, in such manner that Land Owner assumes the duties under this Agreement, Naples Re-Development, Inc. shall be released from any and all liability under this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of, 2017. Signed, sealed and delivered in presence of: THE BROOKLINE COMPANIES, LLC, a Florida limited liability company By: William B. Yeomans, Jr., Manager ATTEST: CITY OF NAPLES, FLORIDA By: By: William Barnett, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert D. Pritt, City Attorney
Resolution 2017- Page 8 JOINDER Signed, sealed and delivered in presence of: NAPLES RE-DEVELOPMENT, INC., a Florida profit corporation By: Adam Smith, Director STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments personally appeared William B. Yeomans, Jr., as Manager of The Brookline Companies, LLC, a Florida limited liability company, who produced as identification or who is personally known to me and who executed the foregoing instrument and he acknowledged before me that he executed the same and an oath was not administered. WITNESS my hand and Official Seal in the County and State last aforesaid this day of, 2017. (SEAL) NOTARY PUBLIC Name: STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments personally appeared Adam Smith, as Director of Naples Re-Development, Inc., a Florida profit corporation, who produced as identification or who is personally known to me and who executed the foregoing instrument and he acknowledged before me that he executed the same and an oath was not administered.
Resolution 2017- Page 9 WITNESS my hand and Official Seal in the County and State last aforesaid this day of, 2017. (SEAL) NOTARY PUBLIC Name: STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments personally appeared William Barnett, Mayor of the City of Naples, a municipal corporation of the State of Florida, who produced as identification or who is personally known to me and who executed the foregoing instrument and he acknowledged before me that he executed the same and an oath was not administered. WITNESS my hand and Official Seal in the County and State last aforesaid this day of, 2017. (SEAL) NOTARY PUBLIC Name: