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Agenda 04/25/2017 Item #16A1504/25/2017 EXECUTIVE SUMMARY Recommendation to authorize a budget amendment to recognize revenue for Project 60119, Pine Ridge Weir, within Stormwater Capital Funds in the amount of $33,857.32 and authorize payment to Kelly Brothers, Inc. in the amount of $33,857.32 in accordance with the approved Developer Agreement between Collier County and Arthrex, Inc. OBJECTIVE: To authorize a budget amendment to recognize revenue for the Pine Ridge Weir, Project # 60119, within the Stormwater Capital Program and authorize payment to Kelly Brothers, Inc. required as a term of the Developer Agreement (Agreement) between Arthrex, Inc. (Arthrex) and Collier County (County). CONSIDERATIONS: The revenue received was paid in accordance with the terms of the Developer Agreement (attached) between Arthrex and the County, which was approved on October 25, 2016 (Item 11C). The current Pine Ridge Weir, located within the Creekside Commerce Park PUD, was to be replaced in 2016. The contract was awarded on March 22, 2016, and construction was to start the summer of 2016. Due to their proposed project, Arthrex requested that the project be put on hold in order to coordinate a new location for the weir. Paragraph 8 provides the following with respect to costs incurred prior to the project being put on hold: 8. Due to the delay in the commencement of construction of the replacement Pine Ridge Weir, Arthrex shall pay to County an amount not to exceed $33,857.32 representing all costs incurred by the County’s selected contractor under Bid No. 16-6587 pursuant to the Contract dated April 11, 2016, between Collier County and Kelly Brothers, Inc. Payment shall be made by Arthrex within 60 days of receipt of a written request for payment. If any portion of the costs incurred by the contractor under Bid No. 16-6587 are for materials or equipment that are utilized by the County on the reconstructed weir at the location south of Creekside Boulevard, the cost of the materials or equipment shall be credited to Arthrex against the payment for costs in excess of the original bid or, in the event that the bid for the revised weir location is less than Bid No. 16-6587, the cost of the materials or equipment utilized on the relocated weir shall be reimbursed to Arthrex. Additionally, the Agreement states that the developer will pay all costs related to the redesign, permitting and rebidding of the Pine Ridge Weir south of Creekside Blvd. The developer shall also reimburse Collier County for any additional construction costs incurred in excess of the lowest responsive bid received under Bid No. 16-6587. On February 8, 2017, the County provided its written request for Arthrex to remit payment as required by Section 8 of the Agreement. The County received the required payment from Arthrex, in the amount of $33,857.32, on March 7, 2017. FISCAL IMPACT: A budget amendment is required to recognize the additional revenue exceeding FY17 budgeted amounts and appropriate into the correct project in the amount of $33,857.32 within the Stormwater Capital Fund (325). Such funds will be used to pay Kelly Brothers, Inc., in accordance with the approved Agreement, for worked performed prior to the decision to relocate the weir. GROWTH MANAGEMENT IMPACT: This is no growth management impact related to this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT 04/25/2017 RECOMMENDATION: To authorize a budget amendment to recognize revenue for the Pine Ridge Weir, Project # 60119, within the Stormwater Capital Program and authorize payment to Kelly Brothers, Inc. required as a term of the Developer Agreement between Arthrex, Inc. and Collier County. Prepared By: Amy Patterson, Director, Capital Project Planning, Impact Fees & Program Mgmt. Growth Management Department ATTACHMENT(S) 1. Creekside Recorded DCA 11-01-16 (PDF) 2. Kelly Brothers Invoice (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 3027 Item Summary: Recommendation to approve a budget amendment to recognize revenue for Project 60119, Pine Ridge Weir, within Stormwater Capital Funds in the amount of $33,857.32 and authorize payment to Kelly Brothers, Inc. in the amount of $33,857.32 in accordance with the approved Developer Agreement between Collier County and Arthrex, Inc. Meeting Date: 04/25/2017 Prepared by: Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Paula Fleishman 04/06/2017 3:10 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 04/06/2017 3:10 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 04/06/2017 3:12 PM Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 04/06/2017 4:44 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 04/07/2017 9:43 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 04/10/2017 2:44 PM Growth Management Department James French Additional Reviewer Completed 04/12/2017 3:01 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/12/2017 4:18 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/12/2017 4:42 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2017 11:01 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 9:03 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2017 10:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM INSTR 5329092 OR 5328 PG 3979 RECORDED 11/1/2016 10:35 AM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $61.00 DEVELOPER AGREEMENT ARTHREX THIS DEVELOPER AGREEMENT ("Agreement") is made and entered into this -)5 0 day of October, 2016, by and between Arthrex, Inc. ("Arthrex") and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Arthrex has petitioned the County as follows: 1. To approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPDD), as amended, by increasing the allowable square footage in the Industri l.Mxrle ci, trict by 166,000 square feet for a total of 716,000 square feet of gross from 41.6 to 49.90 net acres; b footage of floor area from 266, 200,000 square feet to 242,000 square feet of retail uses, by= an Goodlette-Frank Road to mcxe� the Master Plan which shat, i amending the Business Districf = f`uidustri lfi`o�e ce uses and increasing the acreage ding the Business I ' ctvto increase the allowable square ware f6t"to 292,i-900 sgiare`�,feet including increasing from re", ee., f 0 usq- niecr asing from 60,000 to 50,000 �g°Idi fCb c District to allow parcels west of ee n dJ` trfrom' 5 Meet X50 feet except for Tract 5 on a zoned height4 pf 104 an"' ctual height of 122 feet; by ow Tract 9 on the , aster Ari east of Goodlette-Frank Road to increase the zoned height to 7,511&0 and actual height t"Weet; by increasing the overall floor area ratio from .35 to .45; by re eAg`#ie_preserve r4, ent and by adding a deviation to allow a portion of the preserve to be°°ae;bdng a deviation to allow Tract 5 on the Master Plan to be eligible for the County's architectural deviation process. 2. To approve Petition VAC-PL20160002294 to disclaim, renounce and vacate the County and the public interest in a portion of Tract "R", Creekside Boulevard right-of-way, being a part of Creekside Commerce Park West -Unit Two, Plat Book 35, Page 43 of the Public Records of Collier County, Florida; and WHEREAS, this Developer Agreement is made in connection with the two petitions identified above; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. I OR 5328 PG 3980 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. Arthrex shall design, permit and construct intersection improvements at Immokalee Road and Arthrex Boulevard/Colliers Reserve Drive, which will include northbound dual left turn lanes. All construction plans shall be pre -approved by the County, which approval shall not be reasonably withheld. The proposed -improvements will be completed by Arthrex prior to the issuance of a Certific�a .. � nth proposed Arthrex Headquarters building redevelopment on Trach Master Plan. 3. Arthrex shall << pro id63 aternat�..iue iitti ation ` or `their operational impacts as allowed in the Collier Count eu,[I I ftjS) `;Procedures and Guidelines, or tersec ions h t a dee e' t be ;operating at below level -of - Resolution No. 2006-299,P service standards at time oa1",f'of�ex �te De��� Plan, SDPA or Plat for the proposed Arthrex Headquaftybuilding redevelop entn T 5 of the Master Plan. All equal mitigation for operationpacts, as descneirf �slution No. 2006-299, will be valued and compared to the vu�lternative mitigai ��If the amount of the alternative mitigation is less than the value ,df p !To , .Athrex shall pay to the County the ,�. difference which will be utilized for open fion a !l-impwrovements within the impact fee district. Said payment by Arthrex shall be made within 60 days of a written request. In addition, if the County approves the vacation of a portion of Creekside Boulevard, Arthrex shall repay to County the sum of $700,000 (hereinafter "Repayment") which equals the value of the impact fee credit previously received by the property owner for Creekside Boulevard. At Arthrex's option, Arthrex may (1) make a cash payment in the amount of the Repayment to County within 60 days of approval of the vacation petition by the County, (2) authorize the County to utilize the value of the road segment being vacated in combination with the Repayment amount as a portion of the County's local match for the Economic Incentive grant prior to the deadline for payment of the local match, or (3) construct the Alternative Mitigation set forth below within 30 days of approval of the vacation petition by the County. Arthrex shall notify the County in writing of the selected option for Repayment. Any portion of the construction costs of the Alternative Mitigation, in excess of the impact fees to be repaid, shall be applied towards any operational impacts of the redevelopment of Tract 5 or any other Tract within the CPUD developed by Arthrex. OR 5328 PG 3981 For purposes of this Agreement, the alternative mitigation shall be as follows: The design, permitting, and construction of improvements to Goodlette-Frank Road between the intersections of Creekside Boulevard and Immokalee Road to a 4 -lane divided section with a transition back to the 2 -lane undivided section south of Creekside Boulevard. The Owner shall design the improvements in accordance with Collier County standards, and shall provide Collier County with 30/60/90/100% construction plans for review and comment, and employ a FDOT certified CEI for the duration of the road project. All construction plans shall be pre -approved by the County, which approval shall not be unreasonably withheld. The aforementioned improvements to Goodlette Frank Road shall be completed within one year of the issuance of the Certificate of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. 4. The County shall 50110, and relocate or replace Boulevard within the existing C reconstructed weir shall be I agre alternative locations obtained byt' the relevant permitting agenples;1 of the existing drainage easoXi�x system. Arthrex shall prov d ' V.4. easement. Subject to review °61 landscaping within the portion, Boulevard. Landscaping within t access of the canal or stormwater �ethox� ie Ridge Weir, structure ID PRC -00- location iminee outh of the existing Creekside �Couty dr�ou nage ear emelt. The final location for the o'� ° y e r ty and Art irex based on an analysis of A Yhr d"s u sior, by County and Arthrex with i ottnt sll'ka r�rquih or abandon the existing limits cluc�_I'h� 6p6city G1- the existing stormwater management �structed acces ('otooui�y,,'to and within the drainage plan and approdl,niCounty, Arthrex may install drainage easemettla is 25 feet south of Creekside isethit"will loc''af�d to not obstruct flow or maintenance 5. County shall be responsible for the design, permitting, and construction of the relocated Pine Ridge Weir. The design, permitting, and construction schedule of the Pine Ridge Weir relocation shall occur during a dry season. The County will be responsible for the design of the weir structure including the geotechnical design, operable weir components, weir structure design, and weir hydraulic design. County will also be responsible for the preparation of the applications and supporting materials for permits required from the South Florida Water Management District and US Army Corps of Engineers for the weir relocation. 6. Arthrex shall pay to the County all costs related to the redesign, permitting, and rebidding of the Pine Ridge Weir south of Creekside Boulevard including, but not limited to, analysis of alternate locations for the weir, project management and inspections. Arthrex shall pay said costs to County within 30 days of receipt of a written request for payment. The County shall pay for the costs associated with construction observation, material testing, and other costs 3 OR 5328 PG 3982 during construction that would have been incurred by the County at the previously proposed weir location that are not specific to the change in weir location. 7. In the event that the cost to construct the weir at the revised location is in excess of the lowest responsive bid received by the County in Bid No. 16-6587 and approved by the Board of County Commissioners on March 22, 2016, Item 16A24, Arthrex shall reimburse to the County the excess cost upon construction completion certification. If, prior to the completion of the replacement weir at the revised location, the County incurs costs associated with emergency operation or repairs of the existing Pine Ridge Weir, Arthrex shall reimburse to the County the cost of the emergency operation or repair and all associated costs, including any property damages or claims. In the event that third -party property damages are alleged and relief by third parties is requested, the County and Arthrex will jointly vet claims to determine the eligibility for reimbursement. Arthrex shall pay to Count -said-costs within 60 days of receipt of a written request for payment. y P� ON 8. Due to the delay in fie. -commencement of c�%eceed tiction of the replacement Pine Ride Weir Arthrex shall to Cciurt #n oun Ridge Weir, p y � � � t of to $33,857.32 representing all costs incurred by the Cou t ,,r � � cyi r C d'°" � d l o. 16-6587 pursuant to the 11 Contract dated April 11, 2016, botween �Cdllicr � u6y ar e11 Brothers Inc. Payment shall be made by Arthrex within 60iotrd44�n refit ftp4yment. If any portion of the costs incurred by the contras e finder Bid No. 16-6*,7 are f6f mhterials or equipment that are V �� utilized by the County on the 6' opstructed weir at tht6"Ioc i6n=$'south of Creekside Boulevard, the cost of the materials or equi et1sliall be credited toEtiiex against the payment for costs in excess of the original bid or, in they evb-gt t t dxTc the revised weir location is less than 41 �s Bid No. 16-6587, the cost of thematenal� owqurpment utilized on the relocated weir shall be reimbursed to Arthrex. 9. Arthrex shall continue to provide adequate stormwater management facilities to accommodate existing off-site flows from the West Branch Cocohatchee River and the Pine Ridge Canal to continue to flow into and through the Creekside Commerce Park CPUD and ultimately outfall into the Cocohatchee River. LEGAL MATTERS 10. 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. 11. Arthrex acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve Arthrex or its successors or assigns of the necessity 4 OR 5328 PG 3983 of complying with any law, ordinance, rule, or regulation governing said permitting requirements, conditions, terms, or restrictions. 12. 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. 13. Arthrex 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,P ndn (14) days after the County enters `m� into this Agreement. Arthrex shalf a)y all costs of re d this Agreement. A copy of the recorded document will be prpvid oto-alt,p�arties upon req est. vThe parties hereto shall do all things which may be required to givetftt to -this !g eemen im iediately as such requirement is made known to them or thev arelf est f6,4-, A—iever is the earlier. 14. This Agreem nt�sh I lie go �eried'b -,i Florida. In the event of any ute under this Agri such dispute first by means '�ie County's the M . Procedure, if any. Following thcOhision of such action for injunctive relief in the Crf cui Agreement, and remedy being cumulative cif -any ar for the enforcement of the Agreement. i �trd4'onder the laws of the State of �=F Hent, the pirties shall attempt to resolve 4u9rer�ternative Dispute Resolution if any, either party may file an e County to enforce the terms of this all other remedies available to the parties 15. 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: To County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 Phone: (239) 252-8383 5 To Arthrex: Arthrex, Inc. 1370 Creekside Boulevard Naples, FL 34108 Phone: (239) 598-4302 OR 5328 PG 3984 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. 16. This Agreement 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, auth-ori or -,power to bind any other party hereto to any agreement whatsoever.ON % O REMAINDER O'`'AOE.INTENTIONALLYEFT BLANK W 6 *** OR 5328 PG 3985 *** IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: R DWI&IT E. BROCRi, Clerk y Attest aslq ChCll miff g ep ty le signature ont .- y`- , AS TO ARTHREX, INC. Signed, sealed and Delivered in the presence o£ Signa e Prinfed Name, Printed Name STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COtDaFiala, COUNTY FLORIDA By: ., Chairman Inc. The foregoing Agreement was acknowledged before me this day of October, 2016, by John Schmieding, Secretary of Arthrex, Inc., and Registered Agent Arthrex Manufacturing, Inc., who is personally known to me or has produced as proof of identity. MY COMMISSION # GG002202 EXPIRES Qctolw 08, 2020 Jeffrey A.jI KIj*kow, County Attorney 'LAO 1 Signature o rson T6,4ng Acknowledgment Kclly Brothcrs, Inc 1575 Pinc RideE Ro6d Foa Myan, FL33908 lnvoice 0ato lnvohr f tzntmt6 10904t B lTo Colllcr Cou y FrEh!.log 3!? Trldrd tnll Errt Nrplcl' Fl. l4l t2{9ol P.O. No,T!mr Prolcd N.i a,lo90 Ptrr RIdO. W!.- Total $3,t5732 Payments/Credlts t(r.00 Balance Due $t!r5?rz lbm t lrcrbuon Ert Aml Ptur Amt oty Rds Cur %Tobl Pdor *Amount IlcDItE.-Currd |16.6ttr - Lhc lrlm I l0l-l Mdllhrthn I l315?32 ,!11732 Flcc rcnii to $ov! lddtrss,