Backup Documents 08/27/2024 Item #16B 7 n( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 7
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 routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jeff Klatzkow, County Attorney County Attorney Office
1<(,19 g(27
4. BCC Office Board of County
Commissioners ctI3
5. Minutes and Records Clerk of Court's Office C
3�)1{
PR
IMARY 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 Lorraine Lantz Phone Number 252-5779
Contact/ Department
Agenda Date Item was 8/27/24 Agenda Item Number 16b7
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is 313-163673-63301 1-60171 1
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? LL
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 LL
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 LL
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 LL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LL
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 8/27/24(enter date)and all changes LL N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the LL N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the ••..•tion for
Chairman's signature. •e
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
1 6 B 7
DEVELOPER AGREEMENT
Skysail
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this a14"of Au ��} , 2024, by and among Neal Communities of Southwest
Florida,LLC(hereinafter referred to as the"Developer"),whose address is 5800 Lakewood Ranch
Blvd., Sarasota, Florida 34240, and Collier County, Florida, a political subdivision of the State of
Florida(hereinafter referred to as the "County").
RECITALS:
WHEREAS, Developer and County wish to coordinate the construction of transportation
improvements at the intersection of Oil Well Road, Desoto Boulevard and Vela Boulevard and;
and
WHEREAS, the Parties agree to 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, permit, and construct the road improvements
("Improvements") as set forth in Exhibit 1. Developer will utilize the services of
Trebilcock Consulting Solutions, P.A. and RWA Engineering, Inc. for
professional engineering and surveying services pertaining to the design,
permitting and construction of the Improvements. The County shall reimburse
the Developer fifty and one tenth percent (50.1%) of the design and permitting
costs of the Improvements. Reimbursement shall be paid within sixty (60) days
of completion of the Improvements and receipt of an invoice from Developer for
those costs. However, payment shall occur no sooner than October 31, 2025.
B. The County will contribute the construction costs for the Improvements needed
by the County including 50.1% of the shared lump sum project costs, which will
be reimbursed to Developer within sixty (60) days of the completion of the
Improvements and receipt of an invoice from Developer for the costs. However,
payment shall occur no sooner than October 31, 2025. 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
INSTR 6590566 OR 6396 PG 584
RECORDED 9/9/2024 8:53 AM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$78.00
1 6 B 7
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 County's reimbursement amount exceed the
estimated construction costs in Exhibit 2 of$749,529.95 or 50.1% of the low bid
amount, whichever is less.
C. Developer has obtained a right-of-way permit(PRROW20230940383). Renewal
permit fees are waived by the County. Developer shall not pay any lane or
sidewalk rental fees for construction of the Improvements.
Legal Matters
8. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
1687
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County: To Developer:
Collier County Manager's Office Neal Communities of Southwest
3299 Tamiami Trail East, Suite 202 Florida, LLC
Naples, FL 34112-5746 Attn: Pamela Curran
5800 Lakewood Ranch Blvd.
Sarasota, Florida 34240
14. 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.
15. 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.
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: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, on behalf of
Collier County, Florida
By. • �$,s\tut4.A4(\ste
By' 61/0"kiks
,.A►tt-Fst as to PRIWmyanSerk
�`r_ . 6:" ' : signature only Chris Hall, Chairman
1687
AS TO DEVELOPER: NEAL COMMUNITIES OF SOUTHWEST
FLORIDA, LLC
WI" ESS`
(Print full nam ) By:
Printed Name: v
a61/14k - M
Title: G,
(Signature) a
Cara ilitar,
(Print full name)
S"l'A"l'E OF FLORIDA
COUNTY OF 6(t1'A50f1v
The foregoing instrument was acknowle ged before me by means of'\ physical presence or n
online notarization this (.1 day of (A. -{-* , 2024 , by (atytc IOI CckTt# , as
Y AAk-O.0j of Neal mmunities of Southwest Florida, LLC, who is
personally known to me or has produced as identification..
(Notary Seal) `1 t),At.,DQ.
Notary Public Kathryn A. Pignatelli
,,•+ Notary Public State of Florida Printed Name of Notary:
i Kathryn A.Pignatelli uu
„, s Ely Commission 25 100931 Commission Number: ``t (Db93
'h+a„Is E+tpirea 04125/2025
My Commission Expires: 04= A6-9O5
Approve' a o o end legality:
-ft
Jeffrey tzko , County Attorney
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Exhibit 2 16 B 7
1,RIA,1
ENGINEERING
State of Florida Business Certificate No.EB-0007663
SKYSAIL PHASE 4 ROW TURN LANES
Engineer's Preliminary Opinion of Probable Costs
SUMMARY
(ON) OFFSITE ROW IMPROVEMENTS(NEAL-OIL WELL RD) $747,801.15 49.9%
(OC) OFFSITE ROW IMPROVEMENTS(COLLIER COUNTY-OIL WELL RD&DESOTO BLVD) $749,529.95 50.1%
ENGINEERING DESIGN,PERMITTING,&ADDITIONAL SURVEY $70,000.00
ESTIMATED SITE CONSTRUCTION SUB-TOTAL COST $1,567,331.10
10%CONTINGENCY $156,733.11
ESTIMATED SITE CONSTRUCTION GRAND TOTAL COST $1,724,064.21
Due at Due at Permit
Submittal Approval
Collier Fee Calculations for Utility Construction
0.75%for Construction Document Review $0.00
2.25%for Construction Inspection $0.00
Collier Fee Calculations for Site Construction
0.75%for Construction Document Review $11,754.98
2.25%for Construction Inspection $35,264.95
TOTAL ROW FEE BASED ON OPC* $11,754.98 $35,264.95
*Does not include Permitting fees
Note:
1. This Engineer's Opinion of Probable Cost represents the estimated cost for constructing the above listed infrastructure for SKYSAIL
PHASE 4 ROW TURN LANES (RWA,Inc.File No.220109.00.00 dated November,2023).
0
`,�111111//�,'
♦♦ 9. s ,
P.• ........
ENS '••. L
This item has been digitally signed . '' ' \- F .
and sealed by Laurie A.Swanson on • No 40254
the date adjacent to the seal. _ * •• *
Printed copies of this document are
not considered signed and sealed _-O • STATE OF • c
and the signature must be verified on .p . .�, . Digitally signed by Laurie
any electronic copies. 0 Laurie Swanson Swanson
,�;•.•FI O R O p,.' �'�
..• E"♦♦♦ Date:2023.12.13 19:04:45-05'00'
i• 'ss B •
ONA; 0% Laurie A.Swanson,P.E.#40254
12/13/2023
RWA,Inc.
6610 Willow Park Drive
Suite 200
Naples,Florida 34109
12800 University Drive
Suite 175
Fort Myers,Florida 33907
Phone:(239)597-0575 12/13/2023
Fax:(239)597-0578 5:14 PM
16B7
1J—Laki
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Engineer's Preliminary Opinion of Probable Costs
Project:SkySail Phase 4 ROW Turn lanes
Date:December 7th,2023
Estimated By:ALO
Checked By:LAS
OFFSITE ROW IMPROVEMENTS(NEAL-OIL WELL RD)
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
ON-1 12"Stabilized Subgrade SY 6,147 $8.90 $54,708.30
ON-2 10"Limerock Base(Primed) SY 4,553 $27.90 $127,028.70
ON-3 1"Type FC-9.5 Friction Course SY 7,338 $20.00 $146,760.00
ON-4 1.5"Type SP-12.5 Structural Course SY 7,338 $20.00 $146,760.00
ON-5 Sawcut&Remove±4'Existing Asphalt Shoulder LF 2,747 $6.50 $17,855.50
ON-6 Milling of 1.5"Existing Asphalt SY 2,785 $22.00 $61,270.00
ON-7 Sod SY 21,651 $5.25 $113,667.75
ON-8 19 X 30 ERCP LF 104 $140.00 $14,560.00
ON-9 24"MES-Elliptical Equiv. EA 2 $2,900.00 $5,800.00
ON-10 Install 2"PVC Street Light Conduit* LF 183 $3.50 $640.50
ON-11 Install 6"PVC FPL Conduit* LF 312 $17.95 $5,600.40
ON-12 Directional Bore 6"PVC FPL Conduit* LF 68 $50.00 $3,400.00
ON-13 ROW Grading LS 1 $14,800.00 $14,800.00
ON-14 Turn Lane Striping LS 1 $13,100.00 $13,100.00
ON-15 Mainenance of Traffic LS 1 $21,850.00 $21,850.00
ROW and Turn Lane Improvements Sub-Total $747,801.15
Note: *FPL will provide 2"and 6"PVC conduit
K:\2022\220109.00.00 SkySail Phase 4 Townhomes\0004 Civil Eng Design,Construction Plans\Current Plum\Sheet Files\Turn Lanes\Quantities\2023-12-13 Sky5ail ROW Permit OPC(rev S) 12/13/2023
NEAL-ROW&Turnlane 5:14 PM
161B7
IY--6-rai
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Engineer's Preliminary Opinion of Probable Costs
Project:SkySail Phase 4 ROW Turn lanes
Date:December 7th,2023
Estimated By:ALO
Checked By:LAS
OFFSITE ROW IMPROVEMENTS(COLLIER COUNTY-OIL WELL RD&DESOTO BLVD)
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
OC-1 12"Stabilized Subgrade SY 4,217 $8.90 $37,531.30
OC-2 10"Limerock Base(Primed) SY 3,176 $27.90 $88,610.40
OC-3 1"Type FC-9.5 Friction Course SY 8,305 $20.00 $166,100.00
OC-4 1.5"Type SP-12.5 Structural Course SY 8,305 $20.00 $166,100.00
OC-5 2"Miscellaneous Asphalt Pavement SY 152 $35.00 $5,320.00
OC-6 Sawcut&Remove±4'Existing Asphalt Shoulder LF 1,803 $6.50 $11,719.50
OC-7 Milling of 1.5"Existing Asphalt SY 5,281 $22.00 $116,182.00
OC-8 Sod SY 7,607 $5.25 $39,936.75
OC-9 CRT 32'R Shop Bent Panels LF 50 $43.00 $2,150.00
OC-10 Approach End&Anchorage Assembly(Parallel) EA 1 $3,750.00 $3,750.00
OC-11 End Treatment Trailing Anchorage Type II EA 1 $2,150.00 $2,150.00
OC-12 TL-3 Guardrail LF 120 $26.50 $3,180.00
OC-13 19"x 30"ERCP LF 112 $140.00 $15,680.00
OC-14 30"RCP LF 24 $260.00 $6,240.00
OC-15 24"MES Elliptical Equiv.(19"x 30"ERCP) EA 2 $2,900.00 $5,800.00
OC-16 30"MES EA 1 $6,800.00 $6,800.00
OC-17 Remove Existing 24"CMP and MES LF 130 $100.00 $13,000.00
OC-18 ROW Grading LS 1 $14,800.00 $14,800.00
OC-19 Turn Lane Striping LS 1 $16,670.00 $16,670.00
OC-20 Mainenance of Traffic LS 1 $27,810.00 $27,810.00
ROW and Turn Lane Improvements Sub-Total $749,529.95
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