Backup Documents 10/25/2016 Item #16A27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 2 /
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 ceived in th County Attorney1Office no later
than Monday preceding the Board meeting. / /1)1
**NEW** ROUTING SLIP & i()%' J
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
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
\c 4 / 1o�Zlo�Ltc
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office to(20Itb 01—i 'm
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 10/25/16 a Agenda Item Number 16a27
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached 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? sc-pec $ ii IA
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 10/25/16(enter date)and all changes LB €�t
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 tte ^i-B-
BCC,all changes directed by the BCC have been made,and the document is ready}or tke K' _<
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
16A27
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, November 08, 2016 2:38 PM
To: Beard, Laurie
Subject: Agenda Item #16A27 (10/25/16 BCC Meeting
Attachments: Backup Documents 10_25_2016 Item #16A27.pdf
Hi Laurie,
Attached for your records is a scanned copy of the recorded agreement.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergarancollierclerk.com
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16 A 2 7
INSTR 5329058 OR 5328 PG 3747
RECORDED 11/1/2016 10:19 AM PAGES 5
DWIGHT E BROK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Prepared by: REC$44.00
R. Bruce Anderson
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, Florida 34102
OPTION AGREEMENT FOR EXCAVATED MATERIAL
This Option Agreement for Excavated Material is entered into this jf..5 day of
C.) , 2016 (the "Execution Date") by and between RP Orange Blossom
Owner, LLC, a Delaware limited liability company (hereinafter "OBR") and the Board of County
Commissioners of Collier County, Florida (hereinafter"County").
WHEREAS, OBR is the owner of a portion of the land within the Orange Blossom MPUD
(hereinafter "MPUD"), which is approved to be developed by OBR for residential and other
uses;
WHEREAS, the County owns land adjacent to the MPUD which it intends to develop as a
regional park;
WHEREAS, as part of the residential development of the MPUD, OBR will be excavating
portions of its property and will have a surplus of excavated material (hereinafter "Fill");
WHEREAS, the County may need to acquire Fill to complete its development of the
regional park; and
WHEREAS, OBR is willing to make available, at the County's request, some of its
excavated Fill at a location on its property in proximity to the park site and to grant the County
an option to purchase the Fill for a period of two years from the date of this Agreement and
upon the terms hereinafter specified.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
valuable consideration OBR and the County agree as follows:
1. All of the above recitals and exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. Up to 500,000 cubic yards of Fill will be made available for purchase by the
County for a period of two years from the Execution Date (hereinafter the "Option Period"), at
a price of Six Dollars and No/100 ($6.00) per cubic yard. If the County purchases any Fill
pursuant to this Agreement, the County shall be responsible for gathering and transporting the
purchased Fill to the County's property at the County's sole cost and expense.
[10836-0007/2579184/1]
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3. Prior to the end of the Option Period, the County shall give written notice to OBR
if the County will purchase the Fill and specify the amount of Fill to be purchased (an "Exercise
Notice"). County shall have the right to make multiple purchases of Fill at $6.00 per cubic yard,
however such purchases in the aggregate shall not exceed 500,000 Cubic Yards unless
otherwise agreed to in writing by the parties. Each purchase shall require a separate Exercise
Notice. If the County fails to provide said written Exercise Notice to OBR before the end of the
Option Period, this Option Agreement shall expire and terminate and be of no force or effect
and OBR shall be free to sell the Fill to others. If the County provides an Exercise Notice before
the end of the Option Period, the County shall purchase and deliver the Fill within one hundred
eighty(180) days after the Exercise Notice.
4. This Agreement shall become effective upon the approval of OBR's MPUD
Amendment Application (PL20160000787) on terms and conditions acceptable to OBR, and
after the expiration of all time periods for appeal and reconsideration of the approval with no
appeal or reconsideration having been filed, or if filed,that the approval is upheld and becomes
final and the time periods for further appeals and reconsiderations have expired.
5. 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.
6. OBR and County acknowledge that the failure of this Agreement to address any
permit, condition, term or restriction shall not relieve either party, or it successors or assigns, of
the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements, conditions, terms or restrictions.
7. 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.
8. 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 nationally recognized overnight delivery
service, and addressed as follows:
To County: To RP Orange Blossom Owner, LLC:
Harmon Turner Building Attn: Anthony Solomon
Naples, Florida 34112 The Ronto Group
Attn: Nick Casalanguida 3066 Tamiami Trail N, Suite 201
Deputy County Manager Naples, Florida 34103
Phone: (239) 252-8383 Phone: (239) 649-6310
Facsimile: (239) 252-2395 Facsimile: (239) 649-8870
[10836-0007/2579184/11
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1 6 A 2 7
Notice shall be deemed to have been given on the next successive business day to
the date of the courier waybill if sent by nationally recognized overnight delivery service.
9. THE COUNTY AGREES THAT IF IT ELECTS TO PURCHASE THE FILL, IT WILL BE ACQUIRING
THE FILL ON AN "AS IS, WHERE IS AND WITH ALL FAULTS BASIS" WITHOUT REPRESENTATIONS,
WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING,
WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, CONDITION OR VALUE OF THE FILL, THE
PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES IN, ON OR UNDER THE FILL, OR THE
COMPLIANCE OF THE FILL WITH APPLICABLE LAW. This Section shall survive the closing of the purchase
of the Fill and any termination of this Agreement.
10. The County, for itself and its employees, contractors and agents, acknowledges that to
the extent it enters onto any land owned by OBR in connection with the inspection, gathering or
transportation of the Fill, or for any other reason in connection with this Agreement, it does so at its
own risk, it assumes all risk associated with such entry, and it expressly waives in full and forever
releases OBR and each of OBR's officers, directors, direct and indirect shareholders, members,
managers, contractors, agents and their respective successors, and assigns (collectively, "OBR Parties")
from all claims, demands, actions or suits of any kind, including but not limited to any claim for
compensatory or punitive damages, attorney's fees, or costs, and all other matters raised by, arising
from or in any manner related to the entry of the County or any of the County's employees, contractors
or agents on OBR's land. The OBR Parties are hereby released from all responsibility and liability to the
County regarding the gathering and transportation of the Fill. This Section shall survive the closing of
the purchase of the Fill and any termination of this Agreement.
11. This constitutes the entire agreement of the parties. Time is of the essence with
respect to all matters set forth in this Agreement.
IN WITNESS WHEREOF, the undersigned executed this Agreement on the day and year above
first written.
Wane•se RP Orange Blossom Owner, LLC
C `- A , a Delaware limited liability company
/ itness Signa re // -/I
Printed Name:Tw1ittibaiz4Le6('(Q
/11—)?\`
By:
Printed Name: Ron J. Hoyl
Witness Signature Its: Vice President
Printed Name: or-e--f'l(,n') „Cc,ei ,
State of Texas
County of Dallas
[10836-0007/2579184/1]
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16A27
The foregoing instrument was acknowledged before me this li day of
r,',e {{ L L 1 , 2016 by Ron J. Hoyl, as Vice President of RP Orange Blossom Owner, LLC, a
Dela are limited liability company, on behalf of said limited liability company, who
[A is personally known to me, or [ ] has produced as
identification.
l.• /
,,.,,,,,i putt, M.K.BEAVANS Notary Public MK Beavans
NOTARY PUBLIC printed Name:
* —I., * STATE OF TEXAS i
-'' s MYCOMM.EXP03/27/19 •• My Commission Expires: /L/ //c�
Eof1 l
[10836-0007/2579184/1]
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16A27
ATTEST: , ,;.:6* L3 z f?jI ' BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK CO IER COUNTY FLORIDA
Mlle J:444-0By:
pe uttty,, Clerk Do na Fiala, Chairman
Date:�'C: c J ,1'' 8.( li ...
Date: C>cry-1/4.: < t(--.) Ci,
Attes as to Chairman's
Approved Is ,1 i91-.,i� ., - _ 'i t1Gre only.
iNifilld
nimotimeCp nt Attorney
[10836-0007/2579184/1]
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