Agenda 06/09/2020 Item #11E (Developer Agreement w/Neal Communities)06/09/2020
EXECUTIVE SUMMARY
Recommendation to approve the Developer Agreement with Neal Communities of Southwest
Florida, LLC, (Developer) that will provide an easement to the Collier County Water Sewer
District (CCWSD) for potable water, wastewater and irrigation quality water infrastructure, an
easement to support flood control and prevention in the Faka Union Canal, right-of-way and
stormwater management for the future widening of Oil Well Road. (This is a companion to Agenda
Item 9B)
OBJECTIVE: For the Developer to provide right-of-way and easements to support the expansion of Oil
Well Road, maintenance efforts for the Faka Union Canal and expansion of potable water, wastewater
and irrigation quality water infrastructure.
CONSIDERATIONS: On September 11, 2018, agenda item 17F, the Board of County Commissioners
(Board) formally adopted a resolution to expand the Collier County Water-Sewer District (CCWSD)
service area, which encompasses the Hyde Park Village area. The CCWSD will provide potable water,
wastewater, and irrigation water utility services to the Village. At the March 12, 2019 meeting, agenda
item 11B, the Board approved the award of Agreement No. 18-7474 in the amount of $77.7 million to
Mitchell and Start Construction Company/Johnson Engineering, Inc. for the design-build of the
“Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks, and Associated Pipelines.”
The pipelines are currently under construction to serve the expansion in the northeast, including the Hyde
Park development. Easements along the western and northern property lines of Hyde Park Village are
required to support this project. The Developer has committed to providing these easements. The
Developer has also agreed to pay for advanced capacity for 250 ERU’s.
In order to facilitate flood control and protection and stormwater management activities for the expansion
of Oil Well Road, the Developer will convey a 20’ access easement along the western border of the
project adjacent to the existing Faka Union Canal Big Cypress Basin (BCB) easement. The County will
obtain a right-of-entry from the BCB to allow the Developer to hydro axe the eastern shore of the Faka
Union Canal. The Developer shall be reimbursed as identified in the Agreement.
The County has planned the expansion of Oil Well Road from Everglades Boulevard to Oil Well Grade
Road. The permitted plans for this roadway require right-of-way along the frontage of the Hyde Park
Village Stewardship Receiving Area (SRA), as well as stormwater management. The Developer has
agreed to provide 100’ of land along the southern property boundary to accommodate the widening. The
Developer will be reimbursed for clearing, grading, and grassing the right-of-way area; however, the
reimbursement shall not exceed $109,080. In addition to the right-of-way for the mainline improvements,
the Developer has committed to designing their stormwater lake system to provide for treatment and
attenuation of stormwater runoff for the future widening of Oil Well Road. The Developer will be
reimbursed for the one-time construction expenses incurred for the conveyance pipes and manholes. This
reimbursement shall not exceed the amount noted in the Agreement. The Developer will also maintain
the stormwater management system in perpetuity at their sole cost and expense. Should a traffic signal be
warranted at Desoto Boulevard and Oil Well Road, the Developer shall provide a fair share payment to
the County.
During the recent Rivergrass Village approval, the Board secured right-of-way for the future Big Cypress
Parkway, which will support mobility within the Rural Lands Stewardship Area. In order to accommodate
future intersection construction, the Developer has agreed to provide a parcel of land on the southeast
corner of the Hyde Park Village SRA to facilitate right turning movements.
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The Developer has agreed to provide the easements and right-of-way to support the planned County
projects as identified in the Agreement. Reimbursement will be based on the market value of the land as
set aside just prior to the Stewardship Receiving Area action. It shall be equal to the average of two
appraisals from accredited appraisers who are mutually agreed upon by the parties. The cost of the
appraisals will be shared equally between the County and the Developer.
The Developer has agreed to provide all successors, assigns, tenants and buyers, both residential and
commercial, who purchase or lease land from the Landowner a separate written notice of the planned Big
Cypress Parkway and Oil Well Road roadway improvements with the statement that the County will not
construct or contribute funding for the construction of any sound wall or other barriers of any kind to
reduce the impact, noise, etc.
FISCAL IMPACT: Pursuant to the absorption schedule, the Hyde Park project involves 1,800 single
and multi-family units constructed over ten years commencing in 2020. The Agreement includes an
advance capacity reservation payment equivalent to 250 ERUs or 14% of the total project units.
Revenues from water and sewer impact fees at buildout are estimated to be $10 million. Impact Fees
would accrue in the respective Water and Sewer Impact Fee Funds (411 and 413, respectively). Water,
Sewer, and IQ Water User Fees would accrue in the Water-Sewer District Operating Fund (408), which at
buildout would approach $3.0 million annually at current rates and average household consumption.
The County will be responsible for impact fee road credits for the right -of-way conveyance for Oil Well
Road and stormwater management easements. Transportation impact fee credits will be from Impact Fee
District Five. The County shall incur additional costs, not to exceed $285,122.75, to reimburse the
Developer, these additional cost will be paid from Road Impact Fee District 5 Funds (339), project 60144
Everglades to Oil Well Grade Road.
LEGAL CONSIDERATIONS: This proposed Agreement was drafted by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards
to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: To approve the Developer Agreement with Neal Communities of Southwest
Florida, LLC, Developer) that will provide an easement to the Collier County Water Sewer District
(CCWSD) for potable water, wastewater and irrigation quality water infrastructure, an easement to
support flood control and prevention in the Faka Union Canal, right-of-way and stormwater management
for the future widening of Oil Well Road.
Prepared By: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. Developer Agreement Hyde Park - Signed (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 12383
Item Summary: ***This item to be heard immediately following Item 9B*** Recommendation to
approve the Developer Agreement with Neal Communities of Southwest Florida, LLC, (Developer) that
will provide an easement to the Collier County Water Sewer District (CCWSD) for potable water,
wastewater and irrigation quality water infrastructure, an easement to support flood control and
prevention in the Faka Union Canal, right-of-way and stormwater management for the future widening of
Oil Well Road. (This is a companion to Agenda Item 9B) (Trinity Scott, Transportation Planning
Manager, Capital Project Planning, Impact Fees and Program Management Division)
Meeting Date: 06/09/2020
Prepared by:
Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management
Name: Laurie Beard
05/14/2020 11:04 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
05/14/2020 11:04 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/14/2020 12:52 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/14/2020 1:16 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/15/2020 9:15 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/15/2020 1:30 PM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 05/15/2020 3:44 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 05/15/2020 4:02 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/18/2020 11:08 AM
Public Utilities Department George Yilmaz Additional Reviewer Completed 05/18/2020 1:30 PM
Growth Management Department Laurie Beard Deputy Department Head Review Skipped 05/14/2020 10:24 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/18/2020 2:09 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2020 3:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2020 3:37 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/18/2020 7:18 PM
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Office of Management and Budget Susan Usher Additional Reviewer Completed 05/20/2020 8:38 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/01/2020 8:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
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