Agenda 01/13/2015 Item #16A19 Proposed Agenda Changes
Board of County Commissioners Meeting
January 13, 2015
CONTINUE ITEM#16A19 TO THE JANUARY 27, 2015 BCC MEETING:
RECOMMENDATION TO APPROVE TERMINATION OF A 2005 DEVELOPER
AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES SYNDICATIONS, LLLP
AND APPROVE A REPLACEMENT DEVELOPER AGREEMENT BETWEEN THE COUNTY
AND THE NEW DEVELOPER,ARGO WARM SPRINGS LLC,TO AMONG OTHER THINGS
DESIGN, PERMIT AND CONSTRUCT OF A PORTION OF WOODCREST DRIVE.
(PETITIONER'S REQUEST)
Move Item#16D17 to Item#11C: Recommendation to approve the use of the previous awarded
Invitation to Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for
budget-approved capital and operating expenses. (Commissioner Henning's request)
Move Item#16D5 to Item#11D: Recommendation to award Contract Number 14-6338 Eagle Lakes
Community Park Pool Design Services to Victor J.Latavish Architect,P.A.,for professional
architectural services,and authorize the Chairman to execute the attached contract. (Commissioner
Nance's request)
Move Item#16E9 to Item#11E: Recommendation to waive competition and authorize the purchase of
certain fleet parts,repairs and services for County vehicles and equipment from local Ford
dealerships on an emergency basis until contracts can be put in place and to authorize purchases
from the single-source supplier Wallace International Trucks located in Ft.Myers. (Commissioner
Henning's request)
Move Item#16J6 to Item#13A: To provide the Board of County Commissioners the Clerk of the Circuit
Court's Office regarding Audit Report 2014-13 North Collier Regional Park-Cash Handling issued on
January 7,2015. (Commissioner Taylor's request)
Note:
Item#7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that
occurs before 1:00 p.m.
Item#16B1 title on agenda index should read: Request Recommendation that the Collier County Board
of County Commissioners (BCC)as the Community Redevelopment Agency Board (CRAB)adopt an
authorize advertisement of an ordinance to-amend amending Ordinance No.2002-38,"The Collier
County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity Grant
Program for the Immokalee Community Redevelopment Area. (County Attorney's Office request)
Add the following clarification to Item#16K3: Composting is permitted on any residential or estates
property..." (County Attorney's request)
1/13/2015 8:37 AM
' 1/13/2015 16.A.19.
n
EXECUTIVE SUMMARY
Recommendation to approve the termination of a 2005 Developer Agreem nt between Collier
County and Naples Syndications,LLLP and approve a replacement Developer Agreement between
the County and the new Developer, ARGO Warm Springs LLC, to among ther things design,
permit and construct of a portion of Woodcrest Drive.
OBJECTIVE: To fund, permit and construct a portion of Woodcrest Drive from Acremaker
Road to Tree Farm Road and provide water management for Tree Farm Road;
CONSIDERATIONS: The Collier Boulevard and Immokalee Road corridors are the primary
north-south and east-west corridors in the northeast urban area of Collier County. The continued
development of the Tree Farm, Woodcrest and Massey connection will provide an alternative
roadway network and intersection by-pass.
The Board approved a Developer Agreement with respect to the Warm Sprites Development on
January 11, 2005, in which the then-developer agreed to contribute funds for the construction of
the bridge expansion,utilities, sidewalks,turn lanes, and fair share of the road construction costs
of Tree Farm Road. Due to the economic downturn, the original developer did not fulfill its
Developer Agreement commitments, and in July of 2014 the property was sold to ARGO Warm
Springs LLLP.
ARGO has agreed to replace the 2005 Agreement with a new Developer Agreement which
provides in salient part as follows:
1. Developer at its sole cost and expense (and with no impact fee credits) will design,
permit, mitigate, and construct the extension of Woodcrest/Massey Road consistent with defined
conceptual plans, and may not receive more than 200 Certificates of Occupancy for residential
dwelling units prior to the completion of the Road Improvements. County shall provide CEI
services for the Road Improvements. Upon the successful completion of the project, the
extension will become a County road with the County having ongoing maintenance
responsibilities.
2. Developer will provide all stormwater management and stormwater permitting
modifications for the existing portion of Tree Farm Road as required for a minor collector cross
section from Collier Boulevard to approximately 2,465 feet east, and also supply a slope
easement.
3. In addition, there is a pending condemnation case concerning this matter. Developer
has agreed to forego any compensation with respect to this condemnation, and will be solely
responsible for the payment of any claimed expert and attorneys fees arising from this
condemnation.
FISCAL IMPACT: Staff has calculated that termination of the 2005 Agreement and approval of
n the replacement Developer Agreement is fiscally neutral, but prefers the new Agreement as it
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provides greater fiscal certainty to the County in a period of escalating construction costs. The
agreement places the full burden on any overages on the Developer. The CEI and testing will be
funded through the Tree Farm Road!Woodcrest Drive project#61001, source of funds are impact
fees.
GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the Long
Range Transportation Plan and the Growth Management Plan. '
LEGAL CONSIDERATIONS: This matter has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority vote for approval. -JAK
RECOMMENDATION: To approve the termination of a 2005 Developer Agreement between
Collier County and Naples Syndications, LLC, and approve a replacement Developer Agreement
between the County and ARGO Warm Springs LLLP to design,permit and construct of a portion
of Woodcrest Drive and authorizes the Chairman to execute the Developer Agreement.
Prepared By: Amy Patterson,Capital Project Planning, Impact Fees and Project Management,
Growth Management Division
Attachments: 1)Project Location Map; 2)The 2005 Developer Agreement; 3)The Replacement
Developer Agreement,with exhibits
•"•
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1/13/2015 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve the termination of a 2005 Developer
Agreement between Collier County and Naples Syndications, LLLP and approve a replacement
Developer Agreement between the County and the new Developer,ARGO Warm Springs LLC,to
among other things design, permit and construct of a portion of Woodcrest Drive.
Meeting Date: 1/13/2015
Prepared By
Name: BeardLaurie
Title: Planned Unit Development Coordinator, Transportation Planning
12/16/2014 11:07:56 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 12/16/2014 3:41:43 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 12/23/2014 3:52:50 PM
Name: PattersonAmy
Title: Manager-Impact Fees&EDC, Business Management&Budget Office
Date: 12/23/2014 4:35:59 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 12/29/2014 10:00:24 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 12/29/2014 10:03:44 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 12/30/2014 9:30:27 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/31/2014 1:02:54 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2015 3:34:32 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/7/2015 8:49:36 AM
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1/13/2015 16.A.19.
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CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 13.00
INTEROFFICE 4TH FLOOR 02/08/2005 at 08:12AN DWIGHT B. BROCK, CURE
BIT 7240
DEVELOPER CONTRIBUTION AGREEMENT
WARM SPRINGS
11
THIS AGREEMENT ("Agreement") is made and entered into this day of
-j o re7, , 2005, by and between Naples Syndications, LLC, hereinafter collectively
referred to as "Developer," whose address is 540 Myrtle Road, Naples, Florida 34108, and The
Board of County Commissioners of Collier County, Florida, as the governing body of Collier
County,hereinafter referred to as"County."
RECITALS:
WHEREAS,Developer has legal over; ' the owner of approximately 119 acres of
property in unincorporated Collier Co. •1 , .I - site of a Planned Unit Development
("PUD") known as Warm Sprin• GA , a/k/a Nicaea r a (hereinafter referred to as the
"Development"), which present - ID...., ment was approved the County by Ordinance No.
2003-64;and ri--11111k. \ �\
WHEREAS,the partiel ha . t c . n . , ondit+ons set forth below;and
WHEREAS,after reas a`co stderation by Bo of ty Commissioners,the Board
finds that the terms and co xi�ns set forth be . are ,a o~..nformity with contemplated
improvements and additions to t (,,. nty's transportatiane e7 and are consistent with both the
public interest and with the Co , orehensive 1� � other regulations pertaining to
development. e � �,
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. All Development Commitments with respect to Traffic and Transportation as set forth
in the PUD Document are hereby deemed incorporated in full herein, as if expressly set forth herein,
and are expressly made a part of this Agreement. In the event of any inconsistency between this
Agreement and the PUD Document,the PUD Document will control.
3. Developer will pay to County half of the estimated costs for the design and
construction of a local road cross section including utilities (limited to water and sewer) for Tree
Farm Road,which project is generally described in Exhibit"A"to this Agreement("Project"). The
Developer's share of the estimated cost of construction and design of the Project is $500,000.00.
Developer will pay County $250,000.00 of this estimated cost within 120 days following the ^
approval of the first Development Order (which term is defined in Section 1.08.02 of the Collier
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OR: ' 1!13/201516.A.19.
County Land Development Code) with the remaining balance of$250,000.00 due 120 days after the
first payment.
4. Tree Farm Road will be constructed in several phases. Upon commencement of the
Collier Boulevard capital improvement project #65061, Developer will pay County the sum of
$55,499.00 in lieu of construction of the required sidewalks along the first portion of Tree Farm
Road. Developer will also pay the County the sum of $57,500.00 in lieu of construction of the
required sidewalks along the remaining frontage of Tree Farm Road within one year following
approval of the first Development Order.
5. Developer will pay to County half of the actual costs incurred for the design and
construction of the bridge upgrade over the canal from Collier Boulevard onto Tree Farm Road,
which project is generally described in Exhibit "B" to this Agreement ("Bridge Improvements").
Developer's share of the estimated cost for the Bridge Improvements is $78,125.00. Developer will
pay County the estimated cost of the Bridge Improvements upon commencement of the Collier
Boulevard capital improvement project#65061. Following completion of the Bridge Improvements,
within a reasonable time following written d one party to the other, Developer shall pay
County, or be reimbursed by County, rf ._ e e difference between the Developer's
share of the actual cost of the t ' .• • construe t e Bridge Improvements and the
Developer's share of the estimated c of design and construe on f the Bridge Improvements.
6. Developer will ay/to oun • :if of th6 actual cos s incurred for the design and
construction of the northboun riOkf . -e o' : . Pr trd eading onto Tree Farm Road,
II
which project is generally des ri. d n E hi sit "t' i s"■' a eemen ("North Bound Turn Lane").
Developer's share of the esti stet -.lo' e '--Bou*e '"u 1-> ne is $12,500.00. Developer
will pay County the estimat C. t of the North Bo • Tarn "- upon commencement of the
Collier Boulevard capital impro .� t project#65061. 4 16 W. •-•mpletion of this work, within a
,,
reasonable time following written d from one party t h `: her, Developer shall pay County,
or be reimbursed by County, an amo , o the 'f€el- nee tween the Developer's share of the
actual cost of the design and construct' and Turn Lane and the Developer's share
of the estimated cost of the design and construction o the North Bound Turn Lane. The County will
provide the southbound left turn lane on Collier Boulevard leading onto Tree Farm Road at no cost
to Developer. The County will also provide for the design and construction of a traffic signal at the
intersection of Collier Boulevard and Tree Farm Road when warranted. Developer will pay for its
fair share cost of all actual costs incurred with respect to the traffic signal when installed.
7. Developer will pay to County all actual costs incurred for the design and construction
of an eastbound left and the westbound right turn lanes on Tree Farm Road leading into the
Development, which project is generally described in Exhibit "D" to this Agreement ("Tree Farm
Road Turn Lanes"). The estimated cost for the Tree Farm Road Turn Lanes is $50,000.00.
Developer will pay County this estimated cost of the Tree Farm Road Turn Lanes upon
commencement of the Collier Boulevard capital improvement project #65061. Following
completion of the Tree Farm Road Turn Lanes, within a reasonable time following written demand
from one party to the other, Developer shall pay County, or be reimbursed by County, an amount
equal to the difference between the actual cost of the design and construction of the Tree Farm Road
Turn Lanes and the estimated cost of the Tree Farm Road Turn Lanes.
Page 2 of 4
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8. Developer will provide all stormwater management and stormwater permitting
modifications for Tree Farm Road as required for a minor collector cross section for the distance of
approximately 2,465'.
9. Developer will pay to County the sum of $12,750.00, which the parties agree is
Developer's fair share for the temporary asphalt to be provided by County, until such time as Tree
Farm Road becomes a minor collector. The Development shall have ingress and egress onto the
temporary section of Tree Farm Road. Developer will pay County this sum within 10 business days
prior to the date the actual pavement is scheduled to be applied. County shall complete construction
of the temporary road by June 1, 2005. In the event the County is delayed in completing the
Temporary Road, County shall not withhold Certificates of Occupancy for any units completed by
the Developer after June 1, 2005. It is understood and agreed that County intends Tree Farm Road to
be constructed as a minor collector road, and that the County shall maintain access to the
Developer's project at all times during County construction of the minor collector road at no cost to
Developer.
10. The burdens of this • : ---i i .s ding upon, and the benefits of this
Agreement shall inure to, all succ-. ,• x nterest to 4aes to this Agreement, including any
Homeowner Association(s). Ex eiry .s otherwise provide. ern, this Agreement shall only be
amended or cancelled by mut al ritteu.n cconsent...011e parties th-reto or by their successors in
interest.
11. Developer ac ow d es i r - ; .' .! o,th's ' =-ment to address any permit,
condition, term or restriction �1' el - t.. •'- e avv. _auto, owner, or their successors or
assigns, of the necessity of ccj1 'ng with any law, din c-, '- or regulation governing said
permitting requirements, conditi. r s Q
�-rms or restriction
12. In the event state or -.-` : . s are - to . er the execution of this Agreement,
which are applicable to and preclude i it 3r t,' - e parties' compliance with the terms of
this Agreement, then in such event this Agreemen s all be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.This Agreement
shall not be construed or characterized as a development agreement under the Florida Local
Government Development Agreement Act.
13. 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. Developer
shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to
Developer upon request.
14. In the event of a dispute under this Agreement, the parties shall first use the County's
Alternative Dispute Resolution Procedure as described in Exhibit "E". Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all other
remedies available to the parties for the enforcement of this Agreement.
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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:`, . ze<<t;y . BOARD OF COUNTY COMMISSIONERS
DWIOItTE:BRQ?K;'Clerk COT IER COUNTY,FLORIDA
+�, •. ,, .;..' By:
. u i Clerk
tQChlT Board of County Commissione Chairman
( •.iigaitm eo .only.
WITNESSES: NAPLES S P wA►' • ' S,LLC
.......veLso A:-.2e_el A Florida i 4 lab' it •rporation
Print Name: \P re e JQ.•c� F;-L� < t .��/.
70 RO` ! GER,Manager
Print Name: l'A lPn21< i?t4 Ji
......... STATE OF F '1"ID 11111(
COUNTY OF ? '"�
The foregoing instrument was ' • ledged before m- "i i . ✓y�* day of �*/ ,
2005, by ROBERT SINGER, as : of Naples Syndica :on's' C, who is [ ] personally known
to me, or [ ] has produced driver's li ..e, 3 .,‘_....400 as identification.
. ...,,,....„.
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TA11 �
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My Commission Expires:
Judy A. 1 01
-'VARY PUBLIC Si a�� of New York
No. 01VA46L5385
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EXHIBIT """
(5 pages) 1/13/201516.A.19.
COLLIER COUNTY ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES
1. INTRODUCTION:
Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless
otherwise provided for herein,the provisions of Florida Statutes,Chapter 682.01 et seq.shall be controlling.
These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in
construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to
settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation.
Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing
parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal
process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to
presentation by both sides and facilitates settlement negotiations between the parties.
Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program
(hereinafter"Court Program"),to facilitate these procedures.
2. DEFINITIONS:
2.1 Claim: A demand by either party to a co i . • equitable adjustment of payment under a Collier
County construction contract. A claim should • e i to 'c l Opisputes existing at the time of presentation to
arbitration or mediation. r
2.2 Evidence: Oral testimony, •tte' or printed material or oth• thi s presented to the arbitrator[s] or
mediator[s] as proof of the existence o,non i c- of a - t.
3. JURISDICTION:
3.1 A claim that does not ex.ee $250 P 41. a 16 p [ g inter dal , shall be submitted to binding
arbitration. The parties may, by mu uu � o �t a o a'• -`"'perso'"`+ i `g4rbitrator panel. Aggregate claims
may total more than$250,000.00 for ihdirlg arbitration,but no sin - clai y eed that amount.
3.2 A claim in excess of $250, ought pursuant to a c. 1 contract with the county shall be
submitted to mediation or binding arbitrat n vatuntarily agreed t�ob`Ap ies. All claims less than$250,000.00
and all non-monetary claims brought pursuan Fiffra-tk3' the county must be submitted to binding
arbitration. �� E o
b
3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution G")
process must be initiated.
0
3.4 Once the dispute resolution procedure has been initiated,a court of law may not consider the issues involved
in the claim(s)until the dispute resolution process has been completed.
3.5 The claim must be a dispute between the County and the prime contractor.
3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the
County pursuant to this procedure and could not be resolved by negotiation.
3.7 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's
performance under the contract.
4. INITIATING DISPUTE RESOLUTION PROCEDURE:
4.1 Either party shall initiate a request for mediation or arbitration within thirty(30)calendar days after a denial
of the claim after negotiation by County staff or no later than forty-five(45)calendar days after knowledge of a claim
by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings
based on such claims would be barred by the applicable statute of limitations.
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4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a
procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for
�° Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have
these forms available and they will be included in the County's bid package.
4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for
Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate
on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve
the claim based solely on a submittal of documents by the parties with no hearing.
4.4 The Claim Form shall be accompanied by:
a. A brief summary of the nature of the dispute involved in each part of the claim.
b. The amount of compensation being requested for each part of the claim along with supporting information.
c. Copies of additional written information, not previously submitted under Section 3 including exhibits,
intended to be used during the hearing to support the claim, excluding the contract documents. It is
suggested that information be assembled in a tabbed notebook for ease of reference.
d. Contract Time analysis if a Release of Liquidated Damages is included in the claim.
e. No new or different claim,other than . - ..n ►G t 'med,will be allowed once the time and date
for the hearing has been set. ,, ti
f. If the arbitration panel or me ato�r'.etermines that information ow to a person not in attendance at the
hearing or the mediation is sse la . arrivr•_ : ' _ ision for he fair exercise of the mediation
process,he or she may obtai a v itten affi.. it that . son and me such statement into the record.
'� 5. ADMINISTRATION OF BTT.'A I•
1 I..,,,4\\
5.1 The respondent shall prepar b o t - im . . ,' rnis : .phi ■ e party requesting arbitration and
to each of the members of the panel `1 it is received at least y cale i dar `a prior to the date scheduled for the
hearing. *`'P 0 O
ci. Mi
5.2 The County shall set a time and .ate- an arbitration hear 4vitbin 21 calendar days after receipt of the
Request. In scheduling the time allotted for r►s :'r�$nsideration will be given to the need for v
the greater amount of testimony or other in o .ti`�e�ui -' g" +order for the arbitrators to gain a complete c".
a
understanding of the issues,and if a party requests ad.ttt. . 'me,the arbitrators selected may continue the matter in
7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours CI
47
prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24-hour
increments.
0
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5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In N
general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations
between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no
later than 7 calendar days prior to the date set for the hearing. Generally, introduction of documents will not be
allowed during the hearing which have not been previously been revealed to the other party.
5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn
testimony of an unavailable witness.
6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING:
Counsel or another person who has sufficient authority to bind that party at any hearing may represent a
party. A court reporter will be present,unless waived by both parties.
a. The hearing will be informal and involvement of attorneys,if desired,is expected to be minimal.
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b. The parties shall have fun opportunity to offer such evidence as is relevant and material to the dispute.
c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys
representing the parties will not be permitted. The arbitrators may limit examination and argument, as they
deem appropriate.
7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION:
7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the
hearing.
7.2 Documents will be accepted and identified for the record.
7.3 Distinct and severable parts of a claim may be dealt with separately.
7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their
claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a
position on each issue. Orderly discussion between the parties as evidence is presented will be allowed.
7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the
disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut
all arguments and evidence submitted. The arbitratioi :: •. the sole judge of the relevance and materiality of
evidence offered. ��- , Cr7r
O -
7.6 Conformance to legal rules of ev'. e: all not be necessary. 4,-{
7.7 Members of the arbitration pa el .y'a„ s uestlierfs-of-t.- ies fo the • rpose of clarification.
7.8 If substantial new information i. . � . ,. i •. .� -, : a 1. e arbitration panel deems places the
other party at a severe disadvantage beca r.e 4f in.in, G. •- . . .,•-. ate rebuutal,the panel may elect to extend
�
the hearing to a later date as previou 1 : fo h ei f, j E.,
a. A stenographic record of an .'ngs by a CertifedCou- •e er .3 previously recorded testimony or 0
document prepared under oat as an affidavit is ad R;s.le A0
b. Each party shall bear an equal sh.ej - cost of the arbitra '•+ . CJ
r 03 c
c. Each party shall pay its own costs and a r sC�V-
d. All arbitration shall be concluded within one-half(1/2)day and all mediation shall be conducted within one
(1)day unless continued pursuant to the provisions of Section 5.2 herein.
0
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8. ADMINISTRATION OF MEDIATION: w
8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party
requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date
scheduled for the mediation.
8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request.
In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of
information required in order for the mediator to gain a complete understanding of the issues, and if a party requests
additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a
continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation.
Once mediation has begun,it may only be continued in 24—hour increments.
8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is
expected that the parties will have exchanged all documents relating to the claim during negotiations between them
prior to mediation. In any event,full exchange of documents shall be completed no later than seven(7)calendar days
prior to the date set for the mediation.
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8.4 Each party shall bear an equal share of the cost of the mediator.
8.5 Each party shall pay its own costs and attorney fees.
8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section
5.2 herein.
8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator,
attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to
Florida Statutes, Chapter 286,that party shall be deemed to appear at a mediation conference by the physical presence
of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate
decision-making body of the entity.
8.8 A party is deemed to appear if the party or its representative having full authority to settle without further
consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the
amount of the claimant's last demand or policy limits,whichever is less,without further consultation.
8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the
mediation.
8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator,
mediation may proceed in the absence of counsel.• '
CO ox
,
8.11 The mediator may meet and consul ..t any p•► vc ri.,•' s or their counsel,if any.
8.12 If a partial or final agreement s r- ed, it shall be reduced to itin_ and signed by the parties and their
counsel,if any.
8.13 If the parties do not reach a a u,- "'t"' • '�'{a re u' + mmec#iation, the mediator shall prepare
111 and distribute to each party a report ndi•.ti the la. � a aIg#'e wr o comment or recommendation. With
the consent of the parties, the media r : i enti r, the o is •nd� ' gal issues or other action by any
party that,if resolved or completed, 1, • a ' ' tot"- r•ssi r '`•f a
9. COMPENSATION OF THE ' '..: •ATION PANEL 0 Nto
Arbitrators and Mediators shall r• 0si• .t the rate of $151 1 1 n our, or the current rate for the Court C..�
program. An additional fee of 25% shall be .4. - • • 'r6 a, for administration of any arbitration, but
shall not be assessed for a mediation. The partie _•.' tefuaclAs ` costs and shall remit all charges to the Court o
Program upon the conclusion of the ADR Process.
10. MEMBERSHIP:
10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the
Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third .4=0.
member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be
selected through the Court Program.
10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons
approved to serve as mediators and arbitrators.
10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in
this project.
10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the
County,nor have any conflict of interest.
10.5 The criteria and limitations for mediators and arbitration panel membership is as follows:
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a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor
awarded the project,the CEI consulting firm selected for the project, in any subcontractor or supplier of the
project,nor in other panel members. Each panel member shall provide a statement of no known conflict.
b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be
construed to compromise his/her ability to impartially resolve disputes.
c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm
selected for the project or by any subcontractor or supplier of the project during the life of the Contract,
except as a panel member or mediator.
d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules
for Court Appointed Arbitrators shall apply,except Rule 11.110 and Rules 10.870 through 10.900.
e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated
herein.
11. MISCELLANEOUS PROVISIONS:
Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity
resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are
followed.Such status shall not create a conflict of int
AFIME CHART FOR AD .�
,Z ,
Within the Following Time Periods :ollo>vm h Not ee-o€-fla or the ate .f the Occurrence Underlying the
Claim,Whichever is First,the Follow ng Matters Mus O [All da s are Ca end Days]:
Up to 14 days after occurr ;. ' I 7
p y ce lice of 1 m , h e .st] T matter must be negotiated with
County Staff. ��\] „.
Within 7 days of receipt of •f Claim: Staff shall pr-a.re a it'-,rte, uttal. O
:h
Within 15 Days of Notice of CI :otiation of dispute wit .ray taff must be completed.
w
Within 30 Days after Negotiations O. - . �r i i. n 45 days of the date of the occurrence:a w
Request for Arbitration or Mediation Mast . id. o
After a Request for Arbitration or Mediation is Filed: G7
Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all w
relevant claim documents forwarded to the Mediator or Arbitrators. size.
c.ri
No Later Than 14 days prior to date of Mediation:A written rebuttal to any claim must be served on opposing '41-
party and Mediator or Arbitrators. 't'
3+
No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance
must be filed with the Arbitrators or Mediator with a copy to County Staff.
Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the
Arbitrators or Mediator.
Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a
certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation.
Both parties must undertake all ADR proceedings in good faith.
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REPLACEMENT DEVELOPER AGREEMENT
WARM SPRINGS
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 2015, by and between Argo Warm Springs, LLLP (hereinafter referred to as
"Developer") whose address is 21141 Bella Terra Blvd., Estero, Florida 33928, successor in interest
to Naples Syndication, LLC, and The Board of County Commissioners of Collier County, Florida, as
the governing body of Collier County, hereinafter referred to as "County."
RECITALS:
WHEREAS, Developer represents to the County that it recently acquired from Naples
Syndications, LLC all interests in the Planned Unit Development ("PUD") known as Warm Springs
PUD (hereinafter referred to as the "Development"), which present PUD Document was approved
by the County by Ordinance No. 05-21; and
WHEREAS, Naples Syndications, LLC and the County entered into the Developer
Contribution Agreement Warm Springs recorded in OR Book 3730, Page 0333 et seq. in the official
records of Collier County Florida("Original DCA"); and
WHEREAS, due to changed circumstances, the parties wish to terminate the Original DCA
and replace it in its entirety with this Agreement pursuant to the terms and conditions set forth
below; 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.
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. The Original DCA and any obligations of either party pertaining to this agreement
including, but not limited to, outstanding invoices are hereby terminated and extinguished.
3. Developer will design, permit and construct the extension of Woodcrest/Massey Road
consistent with the conceptual plans depicted in Composite Exhibit A ("Road Improvements"). The
construction of the Road Improvements shall commence at the time the onsite improvements are
commenced unless the permits to construct the Road Improvements are delayed by State and Federal
agencies. In that case, construction for the Road Improvements will begin once those permits are
Page 1 of 4
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received. In no case will the issuance of the permits for the Road Improvements delay the issuance
of permits for the onsite improvements. The on-site improvements and off-site improvements shall
be bonded together and reduced as they are accepted. The Road Improvements shall be completed
with 455 days of commencement of construction. The Developer shall not receive more than 200
Certificates of Occupancy for residential dwelling units prior to the completion of the Road
Improvements unless commencement of construction is delayed due to the inability to get the
permits for the Road improvements. Collier County will timely review all design plans for the Road
Improvements and join in any permit applications necessary to permit the Road Improvements.
County at its expense shall provide CEI services for the Road Improvements. The Developer shall
not be entitled to any impact fee credits for the design, permitting and construction of the Road
Improvements. Upon completion of the Road Improvements consistent with the approved design
plans and required warranty period, the County will accept the Road Improvements and the Road
Improvements will become a County road with the County having ongoing maintenance
responsibilities.
4. Developer will provide all stormwater management and stormwater permitting
modifications for the existing portion of Tree Farm Road as required for a minor collector cross
section from Collier Boulevard to approximately 2,465 feet east as shown on Exhibit B. Developer
shall also supply a slope easement as set forth in Exhibit C.
5. Developer represents to the County that it has acquired all rights of Naples
Syndications, LLC in the eminent domain matter known as Case No. 09-9432-CA. Developer
agrees to forego any compensation with respect to Parcels 104FEE1, 104FEE2, 104SE1, and
104SE2, and will cooperate with the County in withdrawing any and all claims, including expert and
attorneys fees, and dismissing this matter. The County shall not pay any expert or attorney's fees or
any other monies in case Case No. 09-9432-CA without the Developer's consent. Developer will be
solely responsible for the payment of any claimed expert and attorneys fees with respect to this
matter.
6. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the Developer, or their successors or assigns, of
the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements, conditions, terms or restrictions.
7. The parties agree to perform or cause to be performed any and all further acts as may be
reasonably necessary to complete the transactions contemplated herein, including, but not limited to,
the execution and/or recordation of further instruments.
8. Nothing in this Agreement is intended to create a partnership or joint venture between the
parties and none of the parties to this Agreement shall be construed under this Agreement as being
partners or joint venturers for any purpose. This Agreement is solely for the benefit of the parties to
this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of
any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or
shall be construed to confer upon or give any person or entity any right, remedy or claim under or by
reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and
their respective representatives, heirs, successors and assigns.
Page 2 of 4
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9. 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. This
Agreement shall not be construed or characterized as a development agreement under the Florida
Local Government Development Agreement Act.
10. 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. Developer
shall pay all costs of recording this Agreement. A copy of the recorded document will be provided
to Developer upon request.
11. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful,and there
remains a dispute under this Agreement, the parties shall first use engage in voluntary mediation,
with each party equally sharing in all costs. Following the conclusion of this procedure, either party
may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue
with respect to any disputes arising out of this Agreement.
12. 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. This Agreement may only
be amended or cancelled by mutual written consent of the parties hereto or by their successors in
.-� interest. With the exception of the PUD Document, as amended from time-to-time, this Agreement
contains the entire agreement among the parties hereto with respect to the subject matter set forth
herein, and supersedes any and all prior agreements, arrangements, or understandings, whether oral
or written and whether recorded or unrecorded, between the parties hereto or their predecessors in
interest, relating to the subject matter hereof, including, without limitation, the Original DCA, which
on execution of this Agreement is hereby terminated and of no further force or effect.
13. In the event of any inconsistency between this Agreement and the PUD Document, as
amended from time-to-time, the PUD Document will control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 3 of 4
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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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , Chairman
WITNESSES: ARGO WARM SPRIN :, LLP
A Florida Limite. • Co .. •tion
e: ,v (1-1- BY: - Arddifr
GO'd1 BUC , Manager
Print Name:
Pre lencc 0-e C.' -Fa-n 0, Car\a,
STATE OF FLORIDA
COUNTY OF H c rvi e rson
The foregoing instrument was acknowledged before me this 13 day of D
2014, by Gord Buck, as Manager of Argo Warm Springs, LLLP, who is [X personally known to me,
or [ ) has produced driver's license no. as identification.
)011.r, ' 2 k 4 !�� ./
j N I A PUBLI
y rj Name: dcs ti c� �l'?Oc�Et'��,n
'° (Type or Print)
�. My Commission Expires:
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
Page 4 of 4
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LIMITS OF STANDARD CLEARING&GRUBBING
IF NECESSARY- CLEAR&GRUB IN EASEMENTS
EXISTING S.E. ,}, <
PROP. EXISTING Ri1Y LINE T EXISTING
�-RfW LINE I CONST. RAY LINE ..-..,
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TYPICAL SECTION ;,{
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TRAFFIC DATA NEW CONSTRUCTION : f
DESIGN SPEED = 35 MPH OPTIONAL BASE GROUP 9 WITH -
,� POSTED SPEED = 30 MPH TYPE SP STRUCTURAL COURSE (TRAFFIC B1(2/Z'1 ,. ,..0--..t...,;:„ l•
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PROJECT NO. 65061-B
PROJECT PARCEL NO. 104SE3
PARENT TRACT FOLIO NO. 00192960003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 15 FEET OF THE SOUTH 55 FEET OF THE WEST
650 FEET OF THE EAST ONE HALF (1/2) OF SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26, COLLIER COUNTY, FLORIDA.
SEC I ION
26
WEST SECTION LINE
OF SECTION 26
TWN 48S RGE 26E EAST SECTION LINE
OF SECTION 26
TWN 48S RGE 26E
15 FEET X 650 FEET
EXISTING TREE FARM ROAD RIGHT-OF-WAY (40 FEET)
SOUTH SECTION LINE
OF SECTION 26
TWN 48S RGE 26E
SKETCH NOT TO SCALE
Collier County Growth Management Division-Transportation Engineering Department 08/04/14 11:30 AM
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