District Agreement Bellmar Village SRA INSTR 6604982 OR 6408 PG 921
RECORDED 10/24/2024 11:10 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
vISTRICT AGREEMENT
Bellmar Village SRA
THIS DISTRICT AGREEMENT(hereinafter referred to as the"Agreement") is made and
entered into this 12. of , 2024 (the "Effective Date"), by and among Big Cypress
Stewardship District(hereinafter referred to as the "District"), whose address is 3501 Quadrangle
Boulevard, Suite 270, Orlando, Florida 32817, and Collier County, a political subdivision of the
State of Florida(the"County").
RECITALS:
WHEREAS,on June 8,2021,the Board of County Commissioners(the"Board")approved
the Bellmar Village Stewardship Receiving Area (SRA) by Resolution No. 2021-120 (the "SRA
Approval"); and
WHEREAS,the SRA Approval requires a payment of$2,221,800 to the County (the"Fair
Share Payment") to fulfill fair share mitigation for operational impacts; and
WHEREAS, pursuant to the SRA Approval, the Fair Share payment must be remitted to
the County within 90 days of the approval of the first development order; and
WHEREAS, operational improvements at the intersection of Golden Gate Boulevard and
Desoto Boulevard were identified in the traffic impact statement for Bellmar Village and included
in the calculation of the Fair Share Payment; and
WHEREAS,the County has awarded a contract for the construction of Station 74,a shared
fire and emergency medical services station at the intersection of Golden Gate Boulevard and
Desoto Boulevard; and
WHEREAS,the County desires to construct a roundabout and associated improvements at
the intersection of Golden Gate Boulevard and Desoto Boulevard (collectively, the
"Improvements"); and
WHEREAS, the District has agreed to undertake the design, permitting and construction
of the Improvements on the terms and conditions hereinafter set forth.
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. The County will allow the District to proceed with the design, permitting and
construction of the Improvements on the following conditions:
a. The District will design. permit and construct the Improvements as set forth in Exhibit I
attached to and made a part of this Agreement in accordance with the following schedule.
Unless otherwise mutually agreed upon by the parties, the District shall: (i) complete the
design of the Improvements no later than 12 months following the issuance of final, non-
appealable "dredge and fill permits" under Section 404 of the federal Clean Water Act for
the SRA and the Town of Big Cypress SRA (the date of issuance of the last to be issued of
such permits is hereinafter referred to as the "Commencement Date"), (ii) complete the
permitting of the Improvements no later than 18 months from the Commencement Date,
(iii) commence the construction of the Improvements within 24 months from the
Commencement Date. and (iv) complete the construction of the Improvements within 12
months of commencement of construction (the "Completion Date"). The County Manager
may extend the foregoing schedule dates by an additional 90 days without the need of
Board approval. Additional extensions for any of such schedule dates will require Board
approval. In the event that the District does not complete the design and permitting of the
Improvements within 24 months from the Commencement Date, as such 24-month period
may be extended by the County, then the County, as its sole and exclusive remedy therefor,
may terminate this Agreement by written notice to the District,whereupon the parties shall
be released from all further obligations under this Agreement.
b. The County shall reimburse the District an amount not to exceed S2,221,800 (the "Upset
Amount") for the design, permitting, construction and construction engineering and
inspection (CEI) of the Improvements, as follows:
i. The County shall reimburse the District up to S250,000 of the design and permitting
costs of the Improvements. Reimbursement shall be paid within 90 days of receipt of
an invoice from District for such costs.
ii. The County shall reimburse the Uistrict for the costs of construction and CEI of the
Improvements. Reimbursement shall be paid within 90 days of receipt of an invoice
from District for such costs. The District shall not invoice the County for such costs of
construction and CEI until the construction of the Improvements is completed and
accepted by Collier County.
Anything to the contrary notwithstanding, the County' shall not be required to make any
reimbursement to the District pursuant to this section sooner than 120 days after the
County's receipt of the Fair Share Payment from the SRA.
c. The District shall construct the Improvements. Prior to commencing construction of the
Improvements, the District shall advertise and bid the Improvements in accordance with
the District's normal solicitation procedures for public road projects. The District shall
provide written notice to the County 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 District may negotiate with any
of the bidders or any other qualified contractor, and in that regard the District 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 for the
construction of the Improvements exceed the low bid amount. An engineer's estimate of
probable costs is included in Exhibit 2 attached to and made a part of this Agreement. In
the event that the low bid amount exceeds the amount of the Fair Share Payment, then the
District may elect to terminate this Agreement by written notice to the County, whereupon
the parties shall be released from all further obligations under this Agreement.
Notwithstanding the foregoing, the District shall not be entitled to terminate this
Agreement if it has received any reimbursement from the County pursuant to subparagraph
2(h) above or it has commenced construction of the Improvements.
d. The District will obtain a right-of-way permit from the County for the Improvements, and
the County will not charge the District and fees or costs for such permit. The District shall
not pay be required to pay any lane or sidewalk rental fees for construction of the
Improvements for the period from the Effective Date through and until the Completion
Date, as such date may be extended pursuant to subparagraph 2(a) above.
e. Subject to the approval of the County, which shall not be unreasonably withheld. the
District at its own cost and without reimbursement from the County, shall be entitled to
construct architectural hardscape features (but not any signage) and install landscaping
within the roundabout portion of the Improvements. In the event the District constructs any
such architectural hardscapc features or installs landscaping within the roundabout portion
of the Improvements, the District shall thereafter be responsible to maintain same at its
own cost and without reimbursement from the County.
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 "District" shall include all of District'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 arc 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 District shall pay all costs
of recording this Agreement. The County shall provide a copy of the recorded document to the
District upon request.
7. 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: To District:
Collier County Manager's Office Big Cypress Stewardship District
3299 Tamiami Trail East, Suite 202 3501 Quadrangle Boulevard, Suite 270
Naples, FL 34112-5746 Orlando, FL 32817
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
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IN WITNESS \VI IFREOI:. 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: Bv: (I/V.16k
. D utv Clerk
Attest as to Chairman's Chris Hall, Chairman
g� signature only
AS TO DIS•l'RICT: Big Cypress Stewardship District
WIT E:SS:
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged beli>re me by means of Et/physical presence or ❑
online notarization this 4PR day of . 2024, bywicA_L-m[ -_ as
Trek/tab/it _ of BigCypress Stewardship District, who is personally known to
me ✓� or has produced_ as identification..
(Nato ik, AUREN TAYLOR CLARKE MORALES *MA*C ,�J"DCanmission FiFi 261093-r''�' Notary Publ��o.r.�'. Expires May a,soze
Printed Name of Notary: utut ki DV Go,if.Q# mtle�
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• My Commission Expires:
Approved as-to form and legality:
Jeffrey'A: Klatzkow, County Attorney
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Exhibit 2
Golden Gate-Desoto Roundabout Improvements
Item Description Quantity Unit I Unit Price I Total Cost
Paving& Grading
I Mobilization I LS S 85,000 S 85,000
2 Project Management 1 LS S 25,000 S 25,000
3 Clearing and Grubbing 1 LS S 15,000 S 15,000
4 Erosion Control 1 LS S 24,000 S 24,000
5 Mill Existing Asphalt 3500 SY S 5 S 17.500
6 Emnbankment 4,500 CY $ 25 $ 112.500
7 3" Asphalt 3,000 SY' $ 52 $ 156,000
8 8" Limerock 3.000 SY $ 35 $ 105.000
9 Stabilization(12"Thk.),Type"B" Base 2,862 SY S 4 S 11,447
10 Type D Curb 543 Li $ 20 $ 10,860
11 Type F Curb 1.500 Li S 20 $ 30,000
12 Type RA Curb 140 Li S 60 S 8,400
13 Truck Apron 61 SY S 180 $ 11.020
Subtotal S 611,727
Drainage
14 Type.1 - E Inlets 8 EA $ 15,000 S 120,000
15 Type J Junction boxes 4 EA $ 12,000 $ 48,000
16 Type D DB1 8 EA S 9,000 $ 72.000
16 24" RCP 160 Li $ 185 S 29,600
17 30" RCP 400 LF $ 235 S 94,000
18 Swale greading 1 1.S S 10,000 S 10.000
19 Inlet protection 8 EA $ 2,000 S 16,000
Subtotal S 389,600
:Miscellaneous
20 Maintenance of Traflc(includs temp lanes) 1 1,S S 125,000 S 125,000
21 Signing and striping 1 LS S 25.000 S 25,000
22 Downstream Remediation Reserve 1 LS S 100,000 S 100,000
23 Landscape'Hardscape/Irrieation allowance I LS S 125,000 S 125,000
Subtotal S 375,000
General Conditions(10%)* S 137,633
Subtotal $1,513,959
Contingency(15%) S 227.094
Construction Total S 1,741,053
Soft Costs(10%) $ 174,105
Subtotal $ 1,915,159
Inflation Adjustment(4%) S 76,606
Grand Total $ 1,991,765
-General conditions include dewatering,density testing,record drawings,misc demo.
Downstream remediation reserves are for potential improvements required to existing infrastructure along the stormwater outfall route
to the west.
This Opinion of Probable Construction Cost(OPC)has been prepared by UA,Inc.for the Golden Gate DeSoto RAB as a stand alone
project.In accordance with F.A.C.61G-1518.011,this is not a guarantee or warranty expressed or implied as to the construction cost
that maybe obtained by owner using competitive bidding.
Receipt# 008911292
10/24/2024 11:10:13 AM
�,z---6 , Crystal K. Kinzel
`—1„ rf\\ Clerk of the Circuit Court and Comptroller
LI
O g - - -& '- C \'J'-) TR
Customer Deputy Clerk Clerk Office Location
CLERK TO THE BOARD/MINS Anahi Ramirez Collier County Govt. Center
& REC Recordinghelp@collierclerk.com Building LA, 2nd Floor
3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami Trl E Ste 102
NAPLES, FL 34112 Naples, Florida 34112-4901
1 Document Recorded
DOC TYPE INSTRUMENT BOOK PAGE AMOUNT
Agreement 6604982 6408 921 $61.00
TOTAL AMOUNT DUE $61.00
Clerk Account#: BCC ($61.00)
BALANCE DUE $0.00
Note:
10/24/2024 11:10:13 AM Anahi Ramirez:
CHARGE ACCOUNT: 313-163673-63011-601711
DEPARTMENT: CAPITOL PROJECT PLANNING
Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to
assess or refund charges as needed.
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