Agenda 12/02/2008 Item #16B16
Agenda Item No. 16816
December 2, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to obtain board approval to pursue an agreement between Collier
County and Naples Lakes Country Club Homeowners Association, Inc., a Florida
corporation, to install a fence to separate private property from a 99 acre mitigation area.
OBJECTIVE: To obtain Board of County Commissioners (BCC) direction to pursue an
agreement between Collier County and Naples Lakes Country Club Homeowners Association,
Inc., (NLCC) a Florida corporation, to install a fence to separate private property from a 99 acre
mitigation area.
.-
CONSIDERATIONS: Collier County purchased the 99 acre property (passive park) located off
of Collier Boulevard as mitigation for the Lely Area Stormwater Improvement Project (LASIP).
The County was awarded a Florida Communities Trust (FCT) grant for $1.1 million dollars as a
partial reimbursement for the purchase of the property. The FCT grant requirements include
public access, five space parking and a one mile long at grade trail located in the eastern portion
of the property. Other permitting requirements include placing the area in a South Florida Water
Management District conservation easement with monitoring and maintenance of exotics and
planting native species so that the area will remain in its natural state. The Army Corps of
Engineers also requires exotic removal (Melaleuca, Brazilian Pepper and nuisance species)
mitigation and water quality monitoring.
The mitigation park plans were redesigned to accommodate NLCC concerns including relocation
of the pathways, parking lot and observation platform (see attached exhibit). NLCC also wanted
a fence installed on the north side of their property as the County cannot place a fence on the
mitigation property. We have been working with NLCC to come up with an agreement which
would allow the placement of the requested fence to include permitting, hiring a contractor,
construction and maintenance. It has been proposed that NLCC obtain three written price quotes
from qualified vendors and provide thcm to the County. The vendor is to obtain required permits
and install the fence with county reimbursement hack to NLCC County staff and Ted Beisler,
General Manager of NLCC, have been drafting an Agreement which has gone through several
iterations to date. The original cost of the fence was determined by the County based upon 2,400
feet of 6' high coated chain link fence at a cost of $38,000.00. NLCC requested that the fence be
extended to 3,000 feet (600 feet more) in length, and now it is requested that a decorative fence,
shrubs, or a combination of fence and shrubs are provided at a cost not to exceed $47,500.00.
The cost is capped at $47,500.00 based upon estimates from a Collier County fence installation
contract
LEGAL CONSIDER<\TIONS: The proposed agreement is legally sufficient for Board action.
JAK
,"_ FISCAL IMPACT: Funding for reimbursement of the fence construction is available in Fund
325 Lely Area Stormwater Improvement Project (Project No. 51101). The source of funding is
ad valorem taxes.
Agenda Item No. 16616
December 2, 2008
Page 2 of 9
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the agreement
between Collier County and NLCC, a Florida corporation, to install a fence to separate private
property from a 99 acre mitigation area, authorize the chairman to execute the agreement and
approve any budget amendments necessary to fulfill the agreement.
Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division,
Stormwater Management Section
Attachment: (1) Park Exhibit, (2) Agreement
Page 1 of2
Agenda Item No. 16B 16
December 2, 2008
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B16
Recommendation to obtain Board approval to pursue an agreement between Collier County
and Naples Lakes Country Club Homeowners Association, Inc., a Florida corporation, to
install a fence to separate private property from a 99 acre mitigation area
Meeting Date:
121212008 90000 AM
Approved By
Margaret A. Bishop
Project Manager
Date
Transportation Services
Stormwater Management
111131200812:30 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11113120082:53 PM
A pproved By
Norm E, Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/14120081:30 PM
Approved By
Gerald Kurtz
Senior Engineer
Date
Transportation Services
Stormwater Management
11114120081:37 PM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
11114120084:29 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14120084:32 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
11117120088:59 AM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
11117120083:03 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
11119/20084:24 PM
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Page 2 of2
Agenda Item No. 16816
December 2, 2008
Page 4 of 9
Approved By
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/20/20084:28 PM
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Agenda Item No. 16B16
December 2, 2008
Page 6 of 9
AGREEMENT
THIS AGREEMENT is made and entered into this _ day of , 2008 by
and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION,
INC., a F10lida corporation (hereinafter "Association''), whose mailing adilless is 4784 Inverness
Club Drive, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "County"), whose mailing
address is 3301 Tamiami Trail East, Naples, Flolida 34112
WHEREAS, County is enhancing two palcels of land totaling 109.3 acres in Sections 9
and 15, Township 50 South, Range 26 East, in Collier County, Florida as mitigation of the Lely
Area Stonnwater Improvement Project; and
WHEREAS, thc cnhancement consists of treatment of exotics, supplemental planting of
selected wetland areas and long telm maintenance; and
WHEREAS, the County also desires to improve the property to include a pathway,
parking facility, observation platform and vegetation management plan; and
WHEREAS, at the request of Association, County agrees to fund the installation of a 6-
foot chain link fence, decorative fence, smub or a combination of fence and smub a distance of
3000 linear feet on the northern end of Association's property.
NOW THEREFORE, in consideration of thc abovc prcmises which are incorpoIated
within and made part of this Agreement, and in further consideration of the mutual covenants set
forth below, and other good and valuable consideration, acknowledged by the parties to be
sufficient, just and adequate, the parties hereto do agree as follows:
1. The Association shall install and maintain a 6-foot chain link fence, decoIative
fence, shrub or a combination of fence and smub a distance of 3000 linear feet on the northern
end of Association's property
2 The Association shall be responsible for obtaining all required permits for the
installation of the fence, decorative fence, smub or a combination of fence and shrub prior to
commencement of installation of the fence, decorative fence, shrub or a combination of fence
and smub
3 The County will pay the Association upon completion of the fence, decorative
fence, smub or a combination of fence and shrub installation in accordance with the following:
A The County shall pay the Association thc actual cost of the fence, decorative
fimce, smub or a combination offence and smub up to the sum of$47,500. Said
reimbursement shall be made within thirty (30) days of receipt and approval by
the County ofappropriare vcrification as stated helow
Page I of 4
Agenda Item No. 16B 16
December 2, 2008
Page 7 of 9
B. The Association 01' its designee, shall: (a) provide the County copies of all
invoices 01' other doc\llIlentation fm approval Payment(s) shall be approved upon
satisfactmy review by the County. (b) provide a letter from the Association,
signed by the President, stating that the fence, decmutive fence, sluub 01'
combination of fence and shrub has been installed to the satisfaction of the
Association and requesting the County to reimburse the Association for the
invoice(s) for purposes specified in paragraph I In no way shall the amount to be
paid exceed $47,500
C The Association shall obtain at least three (3) written price quotes fr'Om vendors
qualified in installing chain link fences, decorative fences, andlor shrubs and shall
select its preferred top three (3) quotes based upon price, reputation of the vendors
and other relevant criteria The Association will accept the written quote provided
by the lowest bidder ofthe top three (3) quotes selected by the Association.
D Association will provide copies of the written price quotes to County upon
submission of its final billing doc\llIlcnts following installation ofthe fence and/or
shrub(s) County shall not be responsible for paying vendors and shall not be
involved in the selection of subcontractms 01' vendors. Association agr-ees to
disclose any rclationship between Association and the subcontractors or vendors,
including, but not limited to, similar 01' related employees, agents, officers,
directors, shareholders and/or members
4. Association shall maintain records, books, documents, papers and financial
information pertaining to wmk performed under this Agreement Association agrees that the
County, or any of its duly authmized representatives, shall, until the expiration of three (3) years
after final payment under this Agreement, have access to, and the right to examine and photocopy
any pertinent books, documents, papers, and records of the Association involving transactions
related to this Agreement
5.. Association shall not assign, convey, or transfer in whole 01' in part its interest in
this Agreement without the prior written consent of the County
6. County shall not be rcsponsible for maintenance of the fence, decorative fence,
shrub or combination of fence and shrub specified in paragr'aph l.
7 Association agrees to protect, defend, indemnify and hold the County harmless
from any and all claims, actions, causcs of action or liabilities including attorney's fees and costs
arising fr'Om or in any way cOlmected with the use of the funds 01' the selection, purchase,
delivery, installation, maintenance or use ofthe fence by the Association, its agents, employees,
membcrs or any third party
8. This Agr'eement is governed and construed in accordance with the laws of the
State ofFlmida.
Page 2 of4
Agenda Item No. 16616
December 2, 2008
Page 8 of9
9 Any notice required by this Agreement shall be adchessed to the patties at the
adch'esses set forth below:
IF TO THE ASSOCLA..IION:
Naples Lakes Country Club Homeowners Association, Inc
4784 Inverness Club Drive
Naples, FL 34112
IF TO THE COUNTY:
Collier County
c/o Margaret A Bishop, P E
Stormwater Management Section
2885 South Horseshoe Drive
Naples, FL 34104
10 Ihis Agreement shall become effective upon approval by the Collier County
Board of Commissioners and shall remain effective for one year The Association may request
an extension of this term in writing at least thitty (30) days prior to the expiration of this
Agreement, and the County may agIee by amendment to this AgIeement to extend the term for an
additional one year.
I I This AgIeement represents the entite AgIeement between the patties, and no
promise, representation, wananty or covenant not included in this AgIeement or any such
referenced agIeements has been or is being relied upon by either party, No modification or
amendment ofthis AgIeement shall be of any force or effect unless made in writing and executed
and dated by both parties
IN WITNESS WHEREOF, the parties have caused this AgIeement to be duly executed on
the day and yeat first above wtitten
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
TOM HENNING, Chairman
Page3 01"4
Agenda Item No. 16B16
December 2, 2008
Page 9 of 9
Witnesses:
NAPLESLAKESCOUNIYCLUB
HOMEO\VNERS ASSOCIA nON, INe.
Sign:
By:
, President
Print name:
Sign:
!':rint name:
Jeffre
Count At
atzkow
ney
Page 4 of4