Backup Documents 09/22/2020 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Atli 1/ iO
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrea4 cc to comp with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Ini ials Date
1.Jeff Klatzkow, County Attorney, County County Attorney C. j
Attorney's Office J b/ frY
2. 4'€"""Qe4sTAIII-C—ettnt'frMettlagegs ,g2r1Attfir'P" ti2;$
kkb51 1° 'Pb-19:)
3. Minutes and Records Clerk of Courts Office
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 missing information.
Name of Primary Staff Margaret Bishop Phone Number 252-5857
Contact/Department
Agenda Date Item was September 22,2020 Agenda Item Number f
Approved by the BCCE
Type of Document Developer Agreement Number of Original
Attached Documents Attached
PO number or account 001-122310-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
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
by 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 N/A
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 '}y
VS-
signature and initials are required. '/�
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 September 22,2020,and all changes made
during the meeting have been incorporated in the attached document. The County cpli ,.
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready forthOini .e`,
Chairman's signature.
I: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
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MEMORANDUM
Date: October 5, 2020
To: Margaret Bishop, Principal Project Manager
Facilities Management
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Developer Agreement for Excavated Material
Orange Blossom MPUD
Attached is a certified copy of the document as referenced above, (Item #11E) as
approved by the Board of County Commissioners on Tuesday, September 22,
2020.
The Minutes & Records Department has kept a copy of the original to be kept as
part of the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
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DEVELOPER AGREEMENT FOR EXCAVATED MATERIAL
This Developer Agreement for Excavated Material (the "Agreement") is entered into this
22nd day of September,2020(the"Execution Date")by and between RP Orange Blossom Owner,
L.L.C., a Delaware limited liability company (hereinafter "OBR") and the Board of County
Commissioners of Collier County, Florida(hereinafter"County").
WHEREAS,OBR is the owner of a portion of the land within the Orange Blossom MPUD m o p
(hereinafter"MPUD"),which is approved to be developed by OBR for residential and other uses; F % o RI
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and " 73 O 0 co
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WHEREAS, the County owns lands adjacent and nearby the MPUD that it intends to Z m A
develop along with affiliate or partner projects; and -< 0 N
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WHEREAS,as part of the residential development of the MPUD,OBR will be excavating D o o
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portions of its property and will have a surplus of excavated material (hereinafter"Fill"); and
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WHEREAS, the County may need to acquire Fill to complete its development of z
surrounding properties; and o w
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WHEREAS,OBR is willing to deliver,at the County's request, 150,000 cubic yards of its
excavated Fill at a location shown on Exhibit A ("Site") commencing upon the above Effective o
r
Date and upon the terms hereinafter specified; m
WHEREAS,OBR has previously provided to the County additional road right-of—way for
the Big Corkscrew Island Regional Park (`BCIRP") roadway, agreed to accept Oil Well Road
storm water in the MPUD water management system and agreed to convey a thirty foot(30')wide
utility easement to the Collier County Water Sewer District for future well sites and raw water
lines all at no cost; and
WHEREAS,OBR was under no obligation to provide to the County additional road right-
of—way for the BCIRP roadway, accept Oil Well Road storm water in the MPUD water
management system and convey a thirty foot (30') wide utility easement to the Collier County
Water Sewer District for future well sites and raw water lines at no cost.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
valuable consideration OBR and the County agree as follows:
1. All of the above recitals and the exhibits referenced herein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
a. OBR shall deliver 150,000 cubic yards of Fill to the Site for the total price of$11.00 per
cubic yard. OBR's duty is limited to hauling and dumping the loads of Fill to the
designated Site. It will be the County's duty to ensure that there are on-site stabilized haul
routes and that the on-site route is National Pollutant Discharge Elimination System
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("NDPES")compliant. OBR shall commence delivering the Fill within thirty(30)days of
the effective date of this agreement.
b. County shall authorize payment for the Fill within thirty(30)days of receipt of a written
invoice from OBR after verifying the invoice quantity matched the delivery quantities.
2. The South Florida Water Management District (SFWMD) has issued Orange
Blossom Ranch Environmental Resource Permit (ERP No. 11-02432-P) to RP Orange Blossom
Owner, LLC and other co-permittees. Collier County Public Services Department has also
requested from SFWMD a modification to Big Corkscrew Island Regional Park Environmental
Resource Permit (ERP No. 11-100766-P) to incorporate the Orange Blossom Ranch stormwater
system into a master joint water management system. The two permits will then be connected
through the surface water management design within the area known as Orange Tree, which as
part of modification of the referenced permits, prompted a request from the SFWMD for the
permit modification applicant to provide acknowledgement from parties associated with the joint
water management system. Since each permit maintains separate applicants,the SFWMD may as
part of future modification to either permit,require authorization from each permittee in the event
a modification to either permit is requested. Accordingly,both parties hereby agree to reasonably
cooperate and not unreasonably withhold a permit application signature or letter of no objection,
as may be referenced required by the SFWMD for future modification of either permit.This section
shall survive the purchase of the Fill and any termination of this Agreement.
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3. 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.
4. OBR and the County acknowledge that the failure of this Agreement to address any
permit, condition, term or restriction shall not relieve either party or its successors or assigns, of
the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements,conditions,terms or restrictions.
5. In the event State or federal laws are enacted after the execution of this Agreement
that 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 that best reflects the intent of this Agreement.
6. 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 communication required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and address as follows: •
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To County: To RP Orange Blossom Owner, L.L.C.
Attn: Nick Casalanguida, Attn: Anthony Solomon
Deputy County Manager
Harmon Turner Building The Ronto Group
Naples,Florida 34112 3066 Tamiami Trail N, Suite 201
Tel: (239)252-8383 Naples, Florida 34103
Facsimile: (230) 252-2395 Tel: (239) 649-6310/Facsimile: (239)649-8870
c/o Rockpoint Group,L.L.C.
Woodlawn at Old Parkland
3953 Maple Avenue, Suite 300
Dallas,TX 75219
Attn:General Counsel
c/o Rockpoint Group,L.L.C.
500 Boylston Street,21st Floor
Boston,MA 02116
Attn: Kyle Gardner,Joseph Goldman
Notice shall be deemed to have been given on the next successive business day to the date of the
courier waybill if sent by nationally recognized overnight delivery service.
7. The County agrees that it is purchasing the Fill without representations,warranties,
or covenants,express or implied,of any kind or nature, including,without limitation,with respect
to the quality, condition or value of the Fill, the presence or absence of hazardous substances in,
or under the Fill, or the compliance of the Fill with applicable law. The County reserves the right
to inspect the•fill prior to transport and reject in whole or in part any amount it feels to be unsuitable
or,contaminated. A County representative will be on site accepting or rejecting material before it
is loaded. This Section shall survive the closing of the purchase of the Fill and any termination of
this Agreement.
8. The County,for itself and its employees,contractors and agents,acknowledges that
to the extent it enters onto any land owned by OBR in connection with the inspection, gathering
or transportation of the Fill, or for any other reason in connection with this Agreement, it does so
at its own risk, it assumes all risk associated with such entry and it expressly waives in full and
forever releases OBR and each of OBR's officers, directors, direct and indirect shareholders,
members,managers,contractors,agents and their respective successors,and assigns(collectively,
"OBR Parties")from all claims,demands,actions or suits of any kind,including but not limited to
any claim for compensation or punitive damages, attorney's fees, or costs, and all other matters
raised by,arising from or in any manner related to the entry of the County or any of the County's
employees, contractors or agents on OBR's land. The OBR Parties are hereby release from all
responsibility and liability to the County regarding the County or its contractor(s)' gathering and
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transportation of the Fill. This Section shall survive the closing of the purchase of the Fill and any
termination of this Agreement. This Agreement shall not create any lien,encumbrance or interest
in any real property owned by OBR,and the County hereby releases any such encumbrances,liens
or interests it has in the real property owned by OBR within the MPUD which could have been •
established or inferred from the execution of this Agreement.
9. Prior to OBR commencing the delivery of Fill to the County site,OBR will provide
the County with a Certificate of Insurance that includes the County as an additional insured, in
coverage amounts specified by the Collier County Risk Management Division. This Agreement
may be executed in one or more counterparts, each of which shall be deemed an original and both
of which,when taken together, shall constitute one and the same Agreement.
10. This constitutes the entire agreement of the parties. Time is of the essence with
respect to all matters set forth in this Agreement. The Effective Date shall be the date the County
executes this Agreement.
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Remainder of Page Intentionally Left Blank
Signature Page to Follow
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IN WITNESS WHEREOF,the undersigned executed this Agreement on the day and year
above first written:
ATTEST:
Crystal K.kinzel,Clerk.OT Courts& BOARD OF COUNTY COMMISSONERS
Comptroller , COLLI COUNT ,FL DA
By: By:
Burt L. Saunders,Chairman
Dated:
Attest at to Cha rman's
(SEAL)1 sign ure only. .
Approveld and legality:
Jeffrey A, atz w,County Attorney
,41
Witnesses: RP Orange Blossom Owner,L.L.C.
A Delaware limited liability company
Signature
Patti Bradshaw
By: c2--Y(--
Printed Name
MSC �eava�rs IcZ S •t ki\,\Ji ce Q«N:(*I
Printed Name
Signature •
Margaret Beavans
Printed Name
5
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Exhibit A
Excavated Material from OBR to various Collier County Projects