Backup Documents 06/23/2020 Item #16A16o cord-,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A b
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO it 1-1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routinglines # l through #2 complete the checklist and forward to the Count Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2.
3. Jeff Klatzkow, County Attorney
County Attorney Office
JOK 11j
4. BCC Office
Board of County
Commissioners
- `7
5. Minutes and Records
Clerk of Court's Office
PK ,012t�
Thal— l
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missina information.
Name of Primary Staff
Trinity Scott
Phone Number
252-5832
Contact / Department
Agenda Date Item was
6/23/20
Agenda Item Number
16a 16
Approved by the BCC
Type of Document
Agreement
Number of Original
1
Attached
Documents Attached
PO number or account
number if document is
313-163673-633011-601711
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
aDDroDriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
TS
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
bv the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
TS
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
TS
si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
TS
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 6/23/20 (enter date) and all changes
TS
N/A is not
made during the meeting have been incorporated in the attached document. The
an option for
County Attorne 's Office has reviewed the changes, if applicable.
i ' line.
9.
Initials of attorney verifying that the attached document is the version approved by the
TS
N/ is not
BCC, all changes directed by the BCC have been made, and the document is ready for th
0
an tion for
Chairman's signature.
tl ' line.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16A 16
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, July 16, 2020 1:43 PM
To: ScottTrinity
Subject: Item #16A16 (6-23-20 BCC Meeting)
Attachments: Backup Documents 06_23_2020 Item #16A16.pdf
HI Trinity,
A (recorded) copy of Item #9-6A9-6
from tine June 2.3, 2.020 OCC Meeting,
is attached For your records.
A receipt for the recording charges
is also included (attached Page 2).
Thank you!
Ann Jennefotin
6MR Senior Deputy Clerk
Clerk to the Value Adjustment Board
Office: 23 g —252 —8406
Fax: 2.3q-2.52-8408 (if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
32gq Tamiami Trail, Suite *401
Naples, FL 341.12-5324
www.CollierCierk.com
1
16A16
DEVELOPER AGREEMENT
Poinciana Professional Park
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this a3!� of 7k., , 2020, by and among Halstatt LLC (hereinafter referred
to as the "Developer"), whose address is 2640 Golden Gate Parkway, Naples, FL 34105, and
Collier County, a political subdivision of the State of Florida.
RECITALS:
WHEREAS, there is a pending appeal of a staff denial dated March 22, 2019 of Right of
Way Permit Application No. PRROW20180427224 concerning a request for a median opening
along Airport Road south of Golden Gate Parkway, which would allow for a turning lane into
Poinciana Professional Park; and
WHEREAS, the parties wish to resolve any and all issues relating to this appeal and the
underlying application under the terms and conditions set forth below.
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
County will allow the Developer to proceed with the project on the following
conditions:
A. Developer will design and construct the road and sidewalk improvements
("Improvements") as set forth in Exhibit 1. Developer will utilize the services of
Trebilcock Consulting Solutions, P.A. and Agnoli, Barber and Brundage, Inc. for
professional engineering and surveying services pertaining to the design,
permitting and construction of the Improvements. The County shall reimburse
the Developer twenty eight percent of the design and permitting costs of the
Improvements. Reimbursement shall be paid within three years of receipt of an
invoice from Developer for those costs.
B. The Improvements set forth in Exhibit 1 will require additional right-of-way in
the form of an easement from Bear's Paw. Developer, at its sole cost and expense,
will obtain this additional right-of-way for the area depicted on Exhibit 1 (Sheet
2 of 3). The form of the right of way shall be consistent with the easement
attached hereto as Exhibit 2. In addition to the right of way easement from Bear's
Paw, Developer shall convey to the County in fee simple the area depicted on
Exhibit 1 (Sheet 3 of 3) located north of the Poinciana Professional Park Airport
Road entry. That conveyance shall be subject to that certain Utility Easement
16 A 16
granted to the City of Naples, recorded on October 17, 1990 in Official Records
Book 1566, at Page 462, Public Records of Collier County, Florida.
C. The County will contribute to the construction costs for the Improvements needed
by the County. The County's contribution will be28% of the shared lump sum
project costs inclusive of design and construction engineering and inspection
(CEI), which will be reimbursed to Developer within 3 years of the completion
of the Improvements. Prior to commencing construction of the Improvements,
the County and the Developer shall cooperate to advertise and bid the
Improvement project in accordance with the County's normal solicitation
procedures for public road projects. The County shall provide written notice to
the Developer documenting the result of such solicitation and ranking all
qualified bids from lowest to highest, with the dollar amount of the lowest
qualified bid being hereinafter referred to as responsible bidders. The Developer
may negotiate with any of the bidders or any other qualified contractor, and in
that regard the Developer shall not be obligated to award the construction of the
Improvements to the low bidder or to any of the responsive bidders; however, in
no event shall the final reimbursement amount exceed $193,462.78 or 28% of the
low bid amount, whichever is less plus $15,400 for design and $15,400 for CEI
for a total not to exceed amount of $224,262.78. The County shall reimburse the
Developer based upon the estimated construction costs in Exhibit 3.
D. Developer will obtain a right-of-way permit for the Improvements at no cost.
Developer shall not pay any lane or sidewalk rental fees for construction of the
Improvements for the period of June 23, 2020 through April 30, 2021.
Commencing on May 1, 2021, Developer will pay the customary lane and
sidewalk rental fee charged by the County. However, any lane and sidewalk
rental fees will be reduced by 28%.
E. As set forth in Exhibit 1 (Sheet 1 of 3), Developer will provide additional right-
of-way along Golden Gate Parkway to allow the County to extend the right turn
lane to Airport Road. The conveyance of such right of way shall be fee simple.
Legal Matters
3. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
4. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The
term "Developer" shall include all of Developer's assigns and successors in interest, including
homeowner associations and commercial tenants.
5. 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.
6. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the Effective Date. The Developer shall pay all
costs of recording this Agreement. The County shall provide a copy of the recorded document to
the Developer upon request.
7. Developer's appeal is hereby withdrawn in all respects, with all issues having been
resolved by this Agreement. In the event of any dispute under this Agreement, the parties shall
attempt to resolve such dispute first by means of the County's then -current Alternative Dispute
Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may
file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of
this Agreement, and remedy being cumulative with any and all other remedies available to the
parties for the enforcement of the Agreement.
8. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder (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
To Developer:
Halstatt LLC
2640 Golden Gate Parkway, #105
Naples, FL 34105
9. This Agreement (which include the references set forth in the Recitals) 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.
10. 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,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
16A 16
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
A
By:
CI rk
Aitest as to Ch
sigpature oi�l*>,� '.. 4�)
AS TODE.:
WITNESS: _ —__--�
((�
Prtn u 1 n m
(Signature)
m i e-k a-c I lgar r i c5
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, on behalf of
Collier County, Florida
By: '
S,3AWtr5 , Chairman
Halstatt, LLC
By:
Printed Name: KATHERN
Title: L E o..... -.
The fore oing instrument was acknowledged before me b means of physical presence or ❑ online notarization
this S-9 day of e , 2020, y , as GED of
Halstatt, LLC, who is personally known to me or has produc d as identification..
(Notary Seal)
e`%•, PAMELA M. WALKUP
Commission # GG 935965
Exores March 28, 2024
Bonded Thru Troy Fain Insurance 800-385-7019
Jeffrey ly.'KI/Jzkow, County Attorney
Ici�Ysi f�d?, i r/ , k Lll"A-j.
v
Notary Public
Printed Name of Notary:
Commission Number: 19 a 9d rf l.,j—
My Commission Expires: �Y-2_8 - a
16 A 16
EXISTING GOLDEN GATE PARKWAY
3 1
P E N I N S U L A
ENGINEERIN
PROPOSED R.O.W. EXPANSION
(TYP) (3,286 SF TOTAL) 11
-
\\\lll
I
Exis—
Y
BEAR s PAW
COUNIM'CLUB
P MT AL FU RE
DEVELOPMENT
PHASE
R
POINCIANA
ROFESSIONj
z PARK
mEXHIBIT 1 - GOLDEN
GATE PARKWAY EB
RIGHT TURN LANE
EXTENSION
(SHEET 1 OF 3)
HALSTATT LLC
16A16
PENINSULA
ENGINEERING
POINCIANA
'ROFESSIONAL
PARK
" EXHIBIT 1- U N
LANEIMPROVEMENTS
AND BEAR'S PAW
SIDEWALK EASEMENT
AREA
(SHEET 2 OF 3)
HALSTATT LLC
—EASEMENT-AREA = 3,883 SF- — TURN -LANE (3,870 SF)- \ — —, _ _ _
AIRPORT PULLING RD
III A%l
vraEaco« co`�ii� so`�i�r"� s.
16A16
AIRPORT PULLING RD
■
PENINSULA
ENGINEERING-4
POINCIANA
kROFESSIONAL
g
-_ PARK
EXHIBIT 1 - HALSTATT
SIDEWALK
CONVEYANCE AREA
(SHEET 3 OF 3)
HALSTATT LLC
���rRRKQNc iwE 90Eva��a
r-N4sr-0oa.uai
RXLST-00.}001-XY1-2
C-X22
1GA16
PROJECT:
PARCEL:
FOLIO:
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
THIS EASEMENT, is made and entered into this day of
20 , by , whose mailing address is
(hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive road right-of-way, drainage and utility easement to enter upon
and to install and maintain roadway, bikepath and sidewalk improvements, drainage
structures, including but not limited to ditches, swales, earthen berms, rip -rap and
retaining wall systems, underground pipes, various types of water control structures and
any and all manner of public and private utility facilities over, under, upon and across
the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities
thereon. "Utility facilities" includes public as well as private utilities, such as electric,
telephone and cable television, but only if such facilities have Collier County's consent
and proper authorization. This easement includes the right to remove and use any and
all excavated material. The parties record that Grantor has received full compensation
for all improvements located within the easement area, including, but not limited to,
. The easement granted herein shall constitute an easement running
with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WITNESSES:
Witness (Signature)
(Print Name)
16A 16
Witness (Signature)
(Print Name)
Witness (Signature)
(Print Name)
Witness (Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Road Right -of -Way, Drainage and Utility Easement was acknowledged
before me by means of ❑ physical presence or ❑ online notarization this day of
20 , by , who:
identity.
is personally known to me
OR
produced as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Assistant County Attorney
Last Revised: 06/23/15
16A16
EXHIBIT "3"
CC and PPP Joint Proiect--CC 600 ft NB Left and PPP NB Left
Pay Item No.
Description
Collier County Respsonsibility
Poinciana Professional Park Responsibility
Project Total
Unit
Quantity
Unit Cost
CC Total Cost
Quantityt$43,2OO.00
PPP Total Cost
Cost
101-1
Mobilization
LS
1
$ 16,800.00
$16,800.0
1
$43,200.0
$60,000.0101-1-2
Provide Construction Surveying and Layout
LS
1
$ 1,750.00
$1,750.00
1
$4,500.00
$6,250.0102-1
Maintenance of Traffic
LS
1
$ 23,800.00
$23,800.00
1
$61,200.00
$85,000.0
104-10-3
Erosion Control
LS
1
$ 1,400.00
$1,400.00
1
$3,600.00
$3,600.00
$5,000.0
110-1-1
Clearing and Grubbing -Demolition
LS
1
$ 7,000.00
$7,000.00
1
$18,000.00
$18,000.00
$25,000.0
120-1
Regular Excavation
LS
1
$ 9,800.00
$9,800.00
1
$25,200.00
$25,200.00
$35,000.0
120-6
Embankment
LS
1
$ 840.00
$840.00
1
$2,160.00
$2,160.00
$3,000.0
160-4
Type "B" Stablization (LBR 40) 12"
SY
883
$ 9.50
$8,388.50
780
$9.50
$7,410.00
$15,798.5
285-709
Optional Base Group 9 (10" Limerock)
SY
883
$ 48.00
$42,384.00
780
$48.001
$37,440.00
$79,824.0
327-70
Milling Existing Asphalt Pavement (1 1/2" Avg Dept
SY
0
$ 3.00
$0.00
3775
$3.00
$11,325.00
$11,325.0
334-1-SP
Superpave Asphalt Concrete (3" Thick)
TN
122
$ 135.00
$16,470.00
751
$135.00
$101,385.00
$117,855.0
337-7-FC
Asphalt Concrete Friction Course (1 1/2"Thick)
TN
62
$ 138.00
$8,556.00
376
$138.00
$51,888.00
$60,444.0
425-1-136
Inlet (Curb Type P6) ( <10')
EA
0
$ 6,000.00
$0.00
2
$6,000.00
$12,000.00
$12,000.0
425-1-451
Inlet (Curb Type.15) ( <10')
EA
0
$ 4,500.00
$0.00
0
$4,500.00
$0.00
$0.00
425-1-461
Inlet (Curb Type 16) ( <10')
EA
0
$ 8,500.00
$0.00
0
$8,500.00
$0.00
$0.00
430-175-118
Pipe Culvert (Class III Concrete) (Storm) (Round) 18"
LF
0
$ 85.00
$0.00
16
$85.00
$1,360.00
$1,360.0
430-175-124
Pipe Culvert (Class III Concrete) (Storm) (Round) 24"
LF
0
$ 105.00
$0.00
0
$105.00
$0.00
$0.00
520--1-10
Concrete Curb and Gutter, Type F
LF
600
$ 20.00
$12,000.00
2145
$20.00
$42,900.00
$54,900.0
522-2
Concrete Sidewalk (6" Thick)
SY
0
$ 60.00
$0.00
544
$60.00
$32,640.00
$32,640.0
0
$ -
$0.00
0
$0.00
$0.00
$0.00
Utilities
Utility Adjustments - Overhead Electric - CAN
LS
0
$ -
$0.00
1
$50,000.00
$50,000.00
$50,000.0
Signing and Pavement
Marking
Signing and Pavement Markings
LS
1
$ 5,040.00
$5,040.00
1
$12,960.00
$12,960.00
$18,000.0
Signal/Lighting
Lighting Modifications
LS
0
$ -
$0.00
1
$10,000.00
$10,000.00
$10,000.0
Landscape
Landscape and Irrigation
LS
1
$ 14,000.00
$14,000.00
1
$36,000.00
$36,000.00
$50,000.0
Roadway Sub Total
$168,228.50
$565,168.001
$733,396.5
Roadway Allowance
$25,234.28
$84,775.201
$110,009.4
Roadway Total
$193,462.78
$649,943.24
$843,405.9
Design and Permitting
1
$15,400.00
$15,400.00
1
$39,600.00
$39,600.00
$55,000.0
CEI
1
$15,400.00
$15,400.00
1
$39,600.00
$39,600.001
$55,000.0
Professional Services Total
$30,800.00
$79,200.00 $130,000.0
Project Total $224,262.78 $729,143.20 $953,405.98
1 of 1 2/5/2020