Backup Documents 06/24/2014 Item #16A23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t {"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r,�
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ('A"
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorne Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP o
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with e
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jeff Klatzkow, County Attorney Office County Attorney Office `fN ,
1471cAllk
4. BCC Office Board of County
Commissioners /5)/ 02-1\ t�
5. Minutes and Records Clerk of Court's Office l
b`a 14 << c> -
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Laurie Beard Phone Number 252-5782
Contact/ Department
Agenda Date Item was 6/24/14 ✓ Agenda Item Number
Approved by the BCC \i
•
Type of Document Agreement Number of Original 1
Attached NN f. Documents Attached
PO number or account
number if document is 313-163673-633011-601711
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? LB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06/24/14(enter date)and all changes LB
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the L
BCC,all changes directed by the BCC have been made,and the document is ready for t e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A 23
MEMORANDUM
Date: July 7, 2014
To: Laurie Beard, Planner
Transportation Planning Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Developer Agreement— Twin Eagles South
Attached for your records is a copy of the Document as referenced above (Item
#16A23) approved by the Board of County Commissioners on June 24, 2014.
The Minutes and Records Department will maintain the recorded original agreement
in the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16423
DEVELOPER AGREEMENT
TWINEAGLES SOUTH
THIS DEVELOPER AGREEMENT ("Agreement") is made and entered into this 'D 44
day of °5■_,,,,‘C 2014, by and between NAPLES ASSOCIATES IV, LLLP, a Florida limited
liability limited partnership (hereinafter referred to as "Developer"), whose address is 1600
Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 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 "County").
RECITALS:
WHEREAS, Developer is the owner of that certain real property located in Collier County,
Florida, commonly known as "TwinEagles South", which real property is more particularly
described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and
WHEREAS, the County has approved a Preliminary Subdivision Plat and associated
infrastructure construction plans, PL20130001020 (collectively, the "Development Order"), for a
project of eight hundred fifty-three (853) single family units proposed to be developed on the
Property (the "Project"); and
WHEREAS, in connection with the development of the Project, in keeping with
Resolution No. 2006-299 it has been determined that the Developer is required to mitigate for
operational impacts by making a contribution towards the costs of an additional westbound to
southbound turn lane (the "Additional Turn Lane") from Immokalee Road onto Collier Boulevard
(CR 951); and
WHEREAS, the County has been planning to construct necessary intersection
improvements (the "Intersection Improvements") at the intersection of Immokalee Road and
Collier Boulevard (CR 951), but the design plans for the Intersection Improvements (the "Design
Plans") do not include the Additional Turn Lane, and
WHEREAS, the County now desires for the Design Plans to be modified to include the
Additional Turn Lane, and subject to the terms of this Agreement, the Developer is willing to
enter into a contract for such modification of the Design Plans with the design engineer for the
Intersection Improvements (the "Design Engineer"); and
WHEREAS, it is in the best interest of the County for the Developer to enter into such
contract with the Design Engineer and pay for such modification of the Design Plans because it
will help finance and accelerate the construction of the Intersection Improvements;
WHEREAS, this Agreement is structured to ensure that Adequate Public Facilities are
available to serve the Project concurrent with the impacts of the Project on said public facilities;
and
INSTR 5001372 OR 5052 PG 3460
RECORDED 6/30/2014 8:38 AM PAGES 14
1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$120.50
16423
WHEREAS, the Growth Management Administrator has recommended to the Board of
County Commissioners that the Intersection Improvements with the Additional Turn Lane as
described in this Agreement (collectively, the "Proposed Plan") are in conformity with
contemplated improvements and additions to the County's transportation network; and
WHEREAS, Collier County Code of Laws and Ordinances Sec. 74-302(h) provides in
relevant part that "A certificate of public facility adequacy (COA) shall be issued concurrent with
the approval of the next to occur final local development order. At the time a certificate of public
facility adequacy is issued, thirty-three percent (33%) of the estimated payment will be due and
deposited into the applicable impact fee trust fund. The funds will then be immediately available
for appropriation by the Board of County Commissioners for transportation capital improvements
and are non-refundable. Final calculation of impact fees due will be based on the intensity of
development actually permitted for construction and the impact fee schedule in effect at the time
of the building permit(s) application submittal, such that additional impact fees may be due prior
to issuance of a certificate of occupancy or certificate of completion for the building permit(s);"
and
WHEREAS, the total estimated transportation impact fees due in connection with the
Project is $4,907,095.75, and thus under Collier County Code of Laws and Ordinances Sec. 74-
302(h), $1,619,341.60, which represents thirty-three percent (33%) of such total estimated
transportation impact fees, must be paid in connection with the issuance of a certificate of public
adequacy for the Project; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds
and reaffirms that:
a. The Proposed Plan is in conformity with contemplated improvements and additions to
the County's transportation system;
b. The Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County in such a way as to frustrate or interfere with other planned or
ongoing growth-necessitated capital improvements and additions to the County's
transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the proposed five-year capital improvement program for
the County's transportation system and the adopted Long Range Transportation Plan.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration exchanged between 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
16423 2 3
MITIGATION FOR OPERATIONAL IMPACTS
2. Within fifteen (15) days following the execution of this Agreement, the Developer
shall enter into a contract (the "Design Contract") with the Design Engineer for a modification to
the Design Plans to include the Additional Turn Lane and for certain post-design work, all as more
particularly described in the Scope of Work attached to and made a part of this Agreement as
Exhibit "B". In no event shall the Developer be required by this Agreement to pay more than One
Hundred Fifty Thousand ($150,000.00) under the Design Contract. The total amount paid by the
Developer under the Design Contract is hereinafter referred to as the "Design Fee." Fifty percent
(50%) of the Design Fee shall be deemed a contribution from the Developer to the County, and the
other fifty percent (50%) of the Design Fee shall be deemed a payment towards and credited
against Developer's Fair Share of the construction costs (as defined below).
3. As soon as practicable following the execution of this Agreement, the County and
the Developer shall work together to determine the Developer's fair share of the costs of
construction of the Additional Turn Lane (the "Fair Share"). In no event shall this Fair Share
exceed Three Hundred Thousand Dollars ($300,000.00).
4. The Fair Share (less the amount credited against the Fair Share as provided in
paragraph 2 above) shall be paid by the Developer to the County within thirty (30) days following
the date that the County has awarded a construction contract for the Intersection Improvements,
including the Additional Turn Lane, and has provided written notice thereof to the Developer.
CERTIFICATE OF PUBLIC FACILITY ADEQUACY
5. Upon the execution and delivery to the County by Developer of an Assignment of
Impact Fee Credits from G. L. Homes of Naples Associates II. Ltd. in the form attached hereto
and made a part hereof as Exhibit "C" (the "Assignment of Impact Fee Credits") transferring
$1,619,341.60 in transportation impact fee credits to Developer, Developer shall be deemed to
have paid the County thirty-three percent (33%) of the estimated road impact fees for the Project
(the "COA Payment") in accordance with the Collier County Consolidated Impact Fee Ordinance,
Developer shall immediately be entitled to obtain a permanent certificate of public adequacy for
the Project (the "COA"), and the COA shall vest the Project in perpetuity for purposes of
transportation concurrency. The County further acknowledges and agrees that the Developer may
pay the COA Payment by the transfer of road impact fee credits to the Project from another
development within the same or an adjacent impact fee district. The road impact fee credits will
then be applied to building permits in accordance with the provisions of the credit agreement
which is the subject of the Assignment of Impact Fee Credits.
6. An annual review and audit of performance 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 Agreement. County shall provide written notice to Developer of
any failure to comply, and Developer will be given reasonable opportunity to cure such failure.
Should Developer fail to cure such failure, the matter may be forwarded for review by the Board
3
16A23
of County Commissioners. If the Board of County Commissioners finds, on the basis of
substantial competent evidence, that there has been a failure to comply with the terms of this
Agreement, the Agreement may be revoked or unilaterally modified by the County.
LEGAL MATTERS
7. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
8. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve 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.
9. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Project Agreement Act. 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, including
but not limited to State legislation which materially changes the County's ability to charge impact
fees, 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.
10. The 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
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.
11. 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, and
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of the Agreement.
12. 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 writing and
shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight
delivery service, and addressed as follows:
4
16A23
To County: To Developer:
Collier County Manager's Office 1600 Sawgrass Corporate Parkway
3299 Tamiami Trail East, Suite 202 Suite 400
Naples, FL 34112-5746 Sunrise, FL 33323
Phone: (239) 252-8383 Attn: Richard Arkin
Phone: (954) 753-1730
Notices sent via Certified Mail, return receipt requested, shall be deemed given three (3) days after
being deposited in the United States mail, and notices sent by a nationally recognized overnight
delivery service shall be deemed given on the date of receipt.
13. This Agreement, together with the Development Order, 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. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST: f, .,, BOARD OF COUNTY COMMISSIONERS
D WI get E:•BEOC,K, CLERK COLLIER COUNTY,, ORIDA
By4A-4:0.-~
Deputy Clerk TOM HENN G, C 'MAN
'Attest as tb.Ch irman s
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
5
1 6A23
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of: NAPLES ASSOCIATES IV, LLLP, a
Florida limited liabilit, imited partnership
By: Naples I ' I,foration, a Florida
Corpo•• A/s general partner
gabta -
4) 4 By: 1
Witness Name: i/A) Lc - "5 'icfard Arkin, Vice President
Witness Name r0 V..,-.. C. .`Trc '.• =
State of Florida )
)ss.
County of Broward )
The foregoing instrument was acknowledged before me this CA day of 3vA^-e , 2014,
by Richard Arkin, Vice President of Naples IV Corporation, a Florida corporation, general partner of
Naples Associates IV, LLLP, a Florida limited liability limited partnership, on behalf of said limited
liability limited partnership, who ( '✓S is personally known to me or has ( ) produced
as identification.
Notary Public
NOTARY SEAL ru\n— C . s
Printed Name
f-E-0 3.33 .(P l\3\k5
Commission No. Expiration Date
Appro e I ,, '. "- and legality: o'"�'`� . CAROLYN C.TORRISI
"t 'i. ;. MY COMMISSION#EE 023326
EXPIRES:January 3,2015
•t t i 4 - —
I Rf 0;• Bonded Thru Notary Public Underwriter
Jeffrey ` 'atzkow
County .y t . ey
6
16A23
EXHIBIT "A"
ALL THAT PART OF SECTIONS 29, 30, 31 AND 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE WEST 1/2 OF THE AFOREMENTIONED SECTION 29 LESS THE WEST 30
FEET AND THE NORTH 155 FEET THEREOF;
AND
THE WEST 30 FEET OF SAID SECTION 29 LESS THE NORTH 178.03 FEET THEREOF;
AND
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30
FEET THEREOF;
AND
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30
FEET THEREOF;
AND
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29;
AND
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE AFOREMENTIONED
SECTION 30;
AND
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 30;
AND
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 30;
AND
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE AFOREMENTIONED SECTION 31;
AND
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE AFOREMENTIONED SECTION 32;
AND
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 32;
AND
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32.
Exhibit "A" 16 q 2 3
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Exhibit "B" 1 6 A 23
CH2M HILL
5801 Pelican Bay Boulevard
Suite 505
Naples,FL 34108
C H2M H I LL Telephone: 239-596-1715
Fax:239-596-2579
PROPOSAL
FOR
CONSULTING ENGINEERING SERVICES
FOR
"IMMOKALEE—COLLIER INTERSECTION: OPERATIONAL IMPROVEMENTS"
(IMMOKALEE RD WESTBOUND TRIPLE LEFT ANALYSIS AND FINAL DESIGN)
June 9, 2014
1.0 INTRODUCTION
Naples Associates IV, LLLP (the "Developer") requires the services of a Consultant to
assist the Collier County Planning Department staff to provide Traffic Engineering,
Planning, Alternatives Analysis, Final Design, Estimating and Developer Cost Allocation
Services related to providing operational improvements to the Collier Boulevard-
Immokalee Road Intersection.
Existing traffic volumes combined with continuous development along Immokalee Road
east of the Immokalee Road-Collier Boulevard Intersection will result in operational issues
at the intersection due to the high number of westbound Immokalee Road to southbound
Collier Boulevard left turns. The existing dual-left turn lanes will not be sufficient for the
increase in traffic volumes. Therefore, a triple-left turn lane configuration will be required.
This Task Order will used to develop alternatives and prepare Final Design Plans, Details,
Permits and Cost Estimates associated with constructing a triple-left turn lane at this
location.
Note: The plans produced as a result of these services will be incorporated into the IM
Collier Phase II Plan Set currently being designed by CH2M HILL. The improvements will
be bid as part of that plan set.
2.0 SERVICES TO BE PERFORMED
The Consultant will be required to assist the County with preparation and evaluation of
various alternatives for improvements to the Immokalee Road/Collier Boulevard
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Intersection which will provide a triple-left turn lane configuration for the westbound
Immokalee Road to southbound Collier Boulevard traffic movement. The major services to
be performed under this Task Order are summarized below:
TASK I. —TRIPLE-LEFT TURN LANE CONFIGURATION FOR THE
WESTBOUND IMMOKALEE ROAD TO SOUTHBOUND COLLIER
BOULEVARD TRAFFIC MOVEMENT
Services include but are not limited to the following:
Task I.a—Alternatives Analysis:
• Conceptual Design of Feasible Alternatives: This task will include the data
gathering, traffic evaluation and preparation of feasible alternatives to provide a
triple-left turn lane configuration for the westbound Immokalee Road to
southbound Collier Boulevard traffic movement. These alternatives should consider
geometric standards, safety, cost and operational impacts to the intersection. To
provide sufficient lane width and geometry for the additional left turn lane,
Immokalee Road will need to be widened (to the north) both west and east of the
intersection to provide standard transitions. A Design Speed of 50 MPH will be
utilized for transition and taper requirements.
Survey will be required to provide sufficient topography necessary for the
evaluation and preliminary design. The limits will extend approximately 2000 Ft
east and west of the existing intersection. The width of survey will be limited to the
requirements of north side Immokalee Road Widening. Survey will also include
sufficient information for CR 951 Box Culvert extension and Cocohatchee Canal
realignment.
Task I.b —Final Design:
• Final Design of Preferred Alternative: This task will include the final design of the
preferred alternative. This task will include the preparation of 100% Plans, Cross
Sections, Details, Specifications, Quantities and Cost Estimates. The widening of
Immokalee Road to accommodate the triple-left turn lane will require extension of
the existing box culvert. Final Plans will be developed for the required box culvert
extension. The widening will also require realignment of the Cocohatchee Canal.
Final Plans and cross sections for this realignment will be prepared. Minor impacts
to utilities along this segment of Immokalee Road are expected and
relocated/adjusted utilities shall be included in the Final Design Plans. Relocation of
2 FPL Transmission poles will be required and will need to be considered in the
design and coordinated with FPL. The improvements will require modifications to
the existing signalization at the intersection. Final Signal Plans will need to be
prepared. Coordination with Traffic Department will be required. Identification and
verification of storm water treatment and attenuation requirements is included.
16A23
Requirements will be incorporated into the IM Collier II Permit Application.
Task I.c—Project Cost Estimates and Developer"Fair Share" Determination:
• Project Quantities and Cost Estimates: This task will include preparation of Project
Quantities and Opinions of Probable Cost which will be utilized by Collier County
staff to budget future work and determine developer "Fair Share" requirements.
Methodology for determining developer responsibility will be discussed with Collier
County staff prior to determination. It is anticipated that up to four (4) separate
quantity and cost estimates may be required
Task I.d—Meetings and Coordination:
• Project Coordination: This task will include the coordination necessary to prepare
preliminary designs and estimates for the intersection modifications prepared in
Task lb. Meetings with Collier County Planning, Traffic, Utility and Stormwater
staff are anticipated. Meetings with SFWMD and SFWMD-BCB will be required
to determine permit requirements. Meetings with FDEP for potential utility
relocations will be required to determine permit requirements. Meetings with FPL
staff will be required to evaluate and coordinate Transmission Pole Relocations.
TASK II. —SERVICES DURING CONSTRUCTION
Services include the following:
1. Attend pre-bid conference (if necessary) to respond to questions or issues
raised by potential bidders. Prepare addenda as required.
2. Provide final cost estimate incorporating design changes due to bidder
comments.
3. Provide limited services during construction to include the following:
• Provide contract document interpretation and assistance in
addressing requests for information and unforeseen conditions when
requested by the County.
• Review Shop Drawings
• Review and assist in field changes which include minor redesign as
requested by the County.
• Provide periodic site observation visits of construction site.
• Attend periodic progress meetings with the County and the
Contractor (if requested).
• Review and provide recommendations to Contractor Change Order
requests.
• Attend one substantial completion walk through meeting in the field.
16423
• Contractor will be responsible to provide Record Drawings based
upon the contractor's markups, visual observations, and record
survey. CH2M HILL will provide files to Contractor for use.
SCOPE EXCLUSIONS:
The following tasks are not included in the Scope of Work for this Agreement:
1. SFWMD Permits (obtained as part of the IM Collier II Project)
2. SFWMD-BCB Permits (obtained as part of the IM Collier II Project)
3. Attendance at Planning Meeting(s), Public Meetings and Stakeholder
Meetings
4. Subsurface Utility Engineering (SUE) (data obtained as part of the IM
Collier II Project)
5. Construction Engineering and Inspection Services
6. Services other than those specifically listed above.
Note:
ENGINEER's Cost Opinions: In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT, ENGINEER has no control over
cost or price of labor and materials; unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs; competitive bidding procedures
and market conditions; time or quality of performance by operating personnel or third
parties; and other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that COUNTY's
actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary
from ENGINEER's opinions, analyses, projections, or estimates.
Services During Construction: The presence or duties of CONSULTANT's personnel at
a construction site, whether as onsite representatives or otherwise, do not make
CONSULTANT or CONSULTANT's personnel in any way responsible for those duties
that belong to COUNTY's and/or the construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
construction work in accordance with the construction Contract Documents and any health
or safety precautions required by such construction work.
CONSULTANT and CONSULTANT's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their
work or any health or safety precautions and have no duty for inspecting, noting,
16A23
observing, correcting, or reporting on health or safety deficiencies of the construction
contractor(s) or other entity or any other persons at the site except CONSULTANT's own
personnel.
The presence of CONSULTANT's personnel at a construction site is for the purpose of
providing to COUNTY a greater degree of confidence that the completed construction
work will conform generally to the construction documents and that the integrity of the
design concept as reflected in the construction documents has been implemented and
preserved by the construction contractor(s). CONSULTANT neither guarantees the
performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
3.0 REQUIREMENTS AND PROVISIONS FOR WORK
Project Schedule
The Consultant shall meet with Developer and Collier County staff to develop intermediate
task schedules based on the proposed services. Consultant shall be ready to begin work
immediately upon Notice to Proceed (NTP). Overall Work Order Schedule is anticipated to
be 1095 Days from NTP. This will allow approximately 365 Days for Design and
Permitting and 730 Days for Construction and Project Permit Certification.
Progress Billing
The Consultant shall provide written progress reports that detail the work performed on
each task. Progress reports shall be delivered to the Developer concurrently with the
monthly invoice. The Project Manager will make judgment on whether work of sufficient
quality and quantity has been accomplished by comparing the reported percentage complete
against the actual work accomplished.
Liaison Office
The County will designate a Project Manager who shall be the representative of the County
for the Project. The final direction on all matters remains with the Project Manager.
4.0 CONSULTANT COMPENSATION:
The Developer will compensate the CONSULTANT for Task I and Task II on a LUMP
SUM basis, a total fee of$150,000.00
Exhibit"C" 1 6
A 2 3
ASSIGNMENT OF IMPACT FEE CREDITS
(for TwinEagles South)
THIS ASSIGNMENT OF IMPACT FEE CREDITS is made by and between G. L. HOMES OF NAPLES
ASSOCIATES II, LTD., a Florida limited partnership ("Assignor"), and NAPLES ASSOCIATES IV, LLLP, a Florida
limited liability limited partnership ("Assignee"), for the purpose of transferring a portion of Impact Fee Credits held by
Assignor arising out of an Amended and Restated Developer Contribution Agreement("Agreement")dated May 9,2006,
by and between G. L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED PARTNERSHIP and the
Board of County Commissioners of Collier County,Florida as recorded in the official records of Collier County at Book
4034,Page 1820,et seq.
Assignor wishes to convey to Assignee certain Transportation Impact Fees Credits granted through the Agreement
in the amount of$1,619,341.60.
This Assignment of Impact Fee Credits does not amend or alter the Agreement, which remains in full force and
effect. In consideration of assenting to this Assignment,with its increased administration burden,Assignor and Assignee
hereby jointly and severally indemnify and hold harmless Collier County against any and all present and future claims of
whatever kind arising out of the transfer and ultimate use of these Impact Fee Credits, including but not limited to
administrative errors by Collier County staff. Prior to payment of the impact fee, Assignee shall notify the County that a
credit is available by submitting the then-current County approved Impact Fee Credit Consent Form.
DATE: ASSIGNOR:
G.L.HOMES OF NAPLES ASSOCIATES II,LTD.,a
Florida limited partnership
By: G.L.HOMES OF NAPLES II CORPORATION,
a Florida corporation, its general partner
By:
Richard Arkin,Vice President
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of , 2014 by Richard Arkin as Vice
President of G.L. Homes of Naples II Corporation, a Florida corporation, on behalf of the corporation as the general
partner of G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership, on behalf of the partnership, who is
personally known to me or has produced as identification.
(Notary Seal)
Signature of Notary Public
Print,type,or stamp name of Notary Public
DATE: ASSIGNEE:
NAPLES ASSOCIATES IV,LLLP,a Florida limited
liability limited partnership
By: NAPLES IV CORPORATION,a Florida
corporation, its general partner
By:
Richard Arkin,Vice President
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of , 2014 by Richard Arkin as Vice
President of Naples IV Corporation, a Florida corporation, on behalf of the corporation as the general partner of Naples
Associates IV, LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who is personally
known to me or has produced as identification.
(Notary Seal)
Signature of Notary Public
Print,type,or stamp name of Notary Public