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Agenda 08/27/2024 Item #16B 7 (Developer Agreement with Neal Communities of Southwest Florida, LLC,- Skysail)08/27/2024 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Developer Agreement with Neal Communities of Southwest Florida, LLC, (Developer) to coordinate the construction and cost sharing of transportation improvements at the intersection of Oil Well Road, Desoto Boulevard, and Vela Boulevard. OBJECTIVE: To approve and execute the attached Developer Agreement that coordinates the construction and cost sharing of transportation improvements at the intersection of Oil Well Road, Desoto Boulevard, and Vela Boulevard. CONSIDERATIONS: Based on growth in the area, the County has programed the construction of the widening of Oil Well Road from Everglades Boulevard to Oil Well Grade Road in the County’s 5 -year work program. The Skysail Development (formerly Hyde Park Village) is moving faster than the County’s Oil Well Road Project. On March 13, 2024, a right-of-way (ROW) permit was approved for the Developer to construct turn lane improvements for their development. The County is responsible for the improvements on Desoto Boulevard and the westbound to southbound left turn lane improvements on Oil Well Road to Desoto Boulevard. The Development is required to pay for their fair share of the operational impact to Oil Well Road at the intersection. There is a public interest in constructing the intersection improvements at the same time as the development’s required intersection improvements, therefore the County is entering into a cost sharing agreement with the Developer whereby they construct the intersection to the County’s standards and the County reimburses the Developer for the County’s share of the intersection costs. The Developer used the services of Trebilcock Consulting Solutions, P.A and RWA Engineering, Inc. who are both approved consultants under the Civil Engineering Library contract. While the services were not obtained through the county contract, the design fees for this project were approximately 4.675% of the construction cost estimate. The county typically estimates design fees at 8%-10% of construction costs. The County would be responsible for 50.1% design and construction costs for the improvements and would compensate the developer sixty (60) days after the completion of the improvements and receipt of the invoice for the costs, but no sooner than October 31, 2025. The design and construction cost estimate were reviewed by Transportation Engineering and determined to be acceptable. This item is consistent with the Infrastructure and Asset Management element of Collier County’s Strategic Plan by preparing for the impacts of natural disasters on our critical infrastructure and natural resources. FISCAL IMPACT: The County will be responsible for 50.1% of the construction costs, estimated to be $749,529.95 or 50.1% of the low bid amount, whichever is less plus $35,070.00 for design. In no event shall the County’s obligation exceed $784,599.95. The County shall incur the costs to reimburse the Developer; these additional costs will be paid from the Road Construction Gas Tax Fund (3083) and budgeted within the agreed- upon timeframe. LEGAL CONSIDERATIONS: This item has been reviewed 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 attached Developer Agreement and authorize the Chairman to execute the Agreement on behalf of the Board. Prepared By: Lorraine Lantz, Transportation Planning Manager, Capital Project Planning, Impact Fees and Program Management Division 16.B.7 Packet Pg. 974 08/27/2024 ATTACHMENT(S) 1. Skysail Developer Agreement - Partially Executed (PDF) 16.B.7 Packet Pg. 975 08/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.7 Doc ID: 29561 Item Summary: Recommendation to approve and execute the attached Developer Agreement with Neal Communities of Southwest Florida, LLC, (Developer) to coordinate the construction and cost sharing of transportation improvements at the intersection of Oil Well Road, Desoto Boulevard, and Vela Boulevard. Meeting Date: 08/27/2024 Prepared by: Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management Name: Lorraine Lantz 08/05/2024 4:22 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 08/05/2024 4:22 PM Approved By: Review: Transportation Engineering Valerie Fleming TMSD Reviewer Completed 08/06/2024 8:53 AM Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed 08/06/2024 9:01 AM Transportation Management Services Department Ellen Sheffey Transportation Management Services Department Completed 08/06/2024 9:14 AM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen TMSD Reviewer Completed 08/06/2024 9:44 AM Unknown Anthony Khawaja TMSD Reviewer Completed 08/06/2024 11:07 AM Transportation Management Services Department Jay Ahmad Transportation Completed 08/06/2024 2:12 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/06/2024 2:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/06/2024 3:01 PM Community & Human Services Maggie Lopez OMB Reviewer Completed 08/06/2024 4:06 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 08/21/2024 1:31 PM Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM 16.B.7 Packet Pg. 976 16.B.7.a Packet Pg. 977 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 978 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 979 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 980 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 981 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 982 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 983 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 984 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail) 16.B.7.a Packet Pg. 985 Attachment: Skysail Developer Agreement - Partially Executed (29561 : Skysail)