Backup Documents 04/14/2026 Item #16B6 \'\ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 6
SL� 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
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#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. Sally Ashkar, County Attorney County Attorney Office W\ 10
4. BCC Office Board of County `'( Wl'
Commissioners Uk b mw V/17
5. Minutes and Records Clerk of Court's Office 1-1)17
/1-1/6
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 Trinity Scott Phone Number 252-5873
Contact/ Department
Agenda Date Item was 4/14/26 Agenda Item Number 16b
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
appropriate. (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 TS
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 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
signature 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 4/14/26(enter date)and all changes TS
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the T �
BCC,all changes directed by the BCC have been made,and the document is ready for the
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
INSTR 6814999 OR 6579 PG 160
RECORDED 4/23/2026 1:39 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT (hereinafter referred to as the `Agreement") is made and
entered into this /y of April 2026, by and between N.A. REALTY TRUST, INC., its
successors and assigns, with an address of 8156 Fiddler's Creek Parkway,Naples, Florida 34114
(hereinafter collectively referred to as "Developer"), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida(hereinafter referred to as "County").
RECITALS:
WHEREAS, Developer is the owner of approximately 78.48± acres of land identified by
Parcel ID 00153160004, located adjacent to the proposed extension of Veterans Memorial
Boulevard; and
WHEREAS, the Developer and County wish to coordinate the construction of
transportation improvements to extend Veteran's Memorial Boulevard; and
WHEREAS, the parties have agreed to enter into this Agreement as set forth below; and
WITNESSETH:
NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration
exchanged between the parties, the parties agree as follows:
1. All of the above recitals and exhibits referenced therein are true and correct and are
hereby expressly incorporated herein by reference as if set forth fully below.
2. The Developer shall design, permit and construct the four-lane extension of
Veterans Memorial Boulevard from the current terminus at Aubrey Rodgers High School to the
eastern property line of the Seminole Gulf railroad right-of-way (the "Project") as set forth in
Exhibit A. The Developer shall utilize Florida Department of Transportation pre-qualified firms
for all services.
3. The County Manager or designee shall designate a project manager to act as the
County's representative with respect to the services to be provided under this Agreement.
DESIGN, PERMITTING & MITIGATION PHASE
4. The County shall reimburse the Developer for the design,permitting and mitigation
costs of the Project excluding any costs associated with items that are for the sole benefit of the
Developer or that the Developer would otherwise be required to provide (such as site related turn
lanes,driveway connections,wastewater force main to the development point of connection,walls,
etc.) for the improvements identified in Exhibit A. The estimated costs of the design and
permitting the Project is $960,000. The County shall reimburse the Developer the actual costs of
any mitigation. However, in no event shall the County's reimbursement amount exceed the
estimated amount or the actual contract amount, whichever, is lower; subject to additions and
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deductions by Change Order as agreed upon by the County and the Developer. Invoices shall be
submitted to the County,in a format prescribed by the County,no more than monthly. The County
Project Manager and the Developer shall monitor the cumulative invoiced billings to ensure the
reasonableness of the billings compared to the project schedule and the work accomplished and
accepted by the County.
The Developer shall provide a list of key events and the associated total percentage of work
considered to be complete at each event. This list shall be used to control invoicing. Payment will
not be made that exceeds the percentage of work for any event until those events have occurred
and the results are acceptable to the County.
5. The Developer shall be the lead for all required permits related solely to the Project.
Permit applications for the Project will not be mixed or commingled with permits and approvals
for any other project of the County. The County agrees to be a co-applicant and shall timely
cooperate and assist with all requests of the Developer in Developer's efforts in applying for all
necessary permits and approvals from all applicable governmental authorities to construct the
Project.
6. The County agrees to fully cooperate with and reasonably assist the Developer with
respect to the expedited issuance if any permits required to be issued by the County to permit the
design and construction of the Project and will promptly process any County permits necessary for
the design and construction of the Project.
7. The Developer shall submit to the County for approval the plans, engineer's reports
and cost estimates at the following design phases: 30%, 60%, 90% including the draft
specifications and 100%and the final specification package. The final plans, and the final package
should be the bid plan set, signed and sealed by the Engineer of Record, a licensed professional
engineer in the State of Florida. County approvals shall not be unreasonably withheld,conditioned
or delayed. County shall approve or disapprove in writing, providing comments and reasonable
basis for rejecting the plans, engineers' reports and cost estimates for each design phase within
twenty (20) business days of submittal ("Review Period"). If the County does not deliver written
comments to the Developer prior to the close of the Review Period, the County shall be deemed
to have approved the specific plans, engineers' reports and cost estimates submitted. In the event
of timely comments, County and Developer shall work cooperatively and in good faith,to resolve
such comments within ten (10) business days from Developer's receipt of County's comments.
All plans shall be developed in accordance with the Florida Department of Transportation
standards and criteria, using the Florida Greenbook as a minimum unless otherwise directed by
the County.
RIGHT-OF-WAY PHASE (IF APPLICABLE)
8. It is anticipated that sufficient right-of-way required to adequately manage the road
stormwater for this section of the Veteran's Memorial Boulevard Extension has been obtained.
Should additional right-of-way and/or easements be necessary due to permitting requirements,the
County and the Developer shall work cooperatively to identify the appropriate area to fulfill the
requirements. The County shall be responsible for all costs associated with any additional right-
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of-way and/or easements necessary for the Project, and shall use its best efforts to voluntarily
acquire such right-of-way and/or easements within one hundred eighty (180) days after
identification of the required property interests.
CONSTRUCTION PHASE
9. Prior to commencing construction of the Project, the County and the Developer
shall cooperate to advertise and bid the 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 shall prepare and the County shall promptly review all plans, bid tabs
defining quantities and type, and the bid package for the Project. The base bid amounts shall
exclude any costs associated with items that are for the sole benefit of the Developer or that the
Developer would otherwise be required to provide (such as site-related turn lanes, driveway
connections, wastewater force main to the development point of connection, walls, etc.). 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 final contract amount or the qualified low bid amount,
whichever is less; subject to additions and deductions by Change Order as agreed upon by the
County and the Developer.
10. The Developer shall submit invoices/applications for payment ("Invoices") to the
County, no more than monthly, for the actual construction costs as certified by the Developer's
Construction Engineering & Inspection (CEI) (defined below), in accordance with the Local
Government Prompt Payment Act.
CONSTRUCTION ENGINEERING & INSPECTION (CEI) SERVICES
11. The County shall independently provide all appropriate CEI services at the
County's sole expense.
a. Services provided by the CEI shall comply with FDOT manuals,
specifications and Standard Plans, procedures, and memorandums.
b. It shall be the responsibility of the CEI to manage the construction progress
along with administer, monitor, and inspect the Project to ensure the Project is constructed in
reasonable conformity with the plans, specifications, and special provisions of the permit for the
Project.
c. The CEI shall observe the Contractor's work to determine the progress and
quality of work. The CEI shall maintain detailed accurate records of the Contractor's daily
operations and of significant events that affect the work. The CEI shall inspect work and identify
discrepancies, report significant discrepancies to the Developer and the County, the Contractor
shall approve corrective action according to FDOT specifications and correct such observed
1
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discrepancies. The CEI shall inform the County Construction Project Manager of any significant
omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the
corrective action that has been performed by the Contractor meets all FDOT Specifications. The
CEI and the County Construction Project Manager will coordinate to ensure that only correctly
completed is paid for.
d. The CEI shall facilitate communications between all parties ensuring
responses and resolutions are provided in a timely manner. Maintain accurate records to
document the communication process.
e. The CEI shall submit all administrative items relating to Invoice approval,
and Personnel approval to the County's Construction Project Manager for review.
f. The CEI shall perform sampling and testing in conjunction with a licensed
laboratory. The sampling and testing of component materials and completed work items are to
ensure that the materials and workmanship incorporated in the Project are in reasonable
conformity with the plans, specifications and contract provisions. The minimum sampling
frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide and FDOT
Specifications shall be met. In complying with the aforementioned guide, provide daily
surveillance of the Contractor's Quality Control activities and perform the sampling and testing
of materials and completed work items for verification and acceptance.
g. During the term of the Project, the County will review various phases of
CEI operations, such as construction inspection, materials sampling and testing, and
administrative activities, to determine compliance with this Agreement. The CEI shall cooperate
and assist County representatives in conducting the reviews.
h. Upon Project completion, the CEI shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans, standard indexes, and
County permits and procedures. The CEI shall submit the Final Cost of the Construction Project
and two (2) sets of final "as-built plans" (one in ACAD format and one in paper format) that
documents the Contractor's work on the Project. These shall be in X, Y,Z coordinate system and
shall be in accordance with FDOT and Collier County Utilities Ordinance. Following completion
of the Project and acceptance by the County, Developer shall have no further maintenance or
other responsibilities or cost obligations related to the Project.
12. The Developer currently anticipates, provided the County complies with Section 8
above, to:
a. Commence design within 90 days of execution of this Agreement.
b. Commence construction within 180 days of execution of this Agreement and
Developer's receipt of all requisition permits and approvals.
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c. Complete construction within 365 days of commencement of construction.
Certificates of Occupancy for residential units shall not be issued until such time as
the roadway is deemed substantially complete.
13. The County will not participate in funding any walls, landscaping or noise
abatement in the Project limits, nor shall the Developer be required to include such improvements
in the Project. The Developer shall not be required to pay in lieu of a sidewalk,multi-use pathway
or bike lanes within or along Veterans Memorial Boulevard right-of-way. Since the Developer
provided right-of-way at no cost to the County in November 1983 via OR Book 1051 Page 1686,
compensating right-of-way shall not be required.
14. The Developer shall pay a sum not to exceed$29,887.68 to satisfy the proportionate
share payment due pursuant to the Interlocal Agreement between the County and the School
District of Collier County recorded in OR Book 4281, Page 1295.
15. It is expressly understood and agreed that 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, and that the Developer may freely assign this Agreement to successor
owners of any part of the development or other party with an interest in the development.
REMAINER OF PAGE INTENTIONALLY LEFT BLANK
Signature Page Follows
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by the appropriate officials, as of the date first written above.
AS TO COUNTY:
ATTEST- '''' :- , , BOARD OF COUNTY COMMISSIONERS
CRYSTA`J_t N, ELL'Clerk COLLIER COUNTY, FLORIDA
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By. F I � 1 _c__L..-------).. ,
(-----)
` . ; 0-piny Clerk
Dan Kowal, Chairman
Attes'' tp'fi�Irr5nah`s
signature only
AS TO DEVELOPER: N.A. REALTY TRUST, INC.
Signed, sealed and delivered By: `
in the pr Bence Nam s/o L !/v`s,
Title 4, k .Net/ Cre10
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Pri e Na e
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CACA Q-Klie4-,
Printed Name
STATE OF FLO A
COUNTY OF R 11l(ir
The foregoing instru ent wa acknowledged before me by mean of fgphysical presence or❑ online notarization
this day of , 2026, by (n Lit . Such person(s)
Notary Public must the k applicable box:5'are personally k wn to m produced her
current driver license;
❑ produced
as identific io
(Notary Seal)
of is
Printed Name of Notary: i.'t"imhyli-
Commission Number:
My Commission Expires: CP-3•a q
Approved form and legality: ,vaYPoe
a';•••.,'y KATHY HORN
ilk* *
N '�_-I), * Commission#HH 654019
l'I'�Ifl','
''TFOF 0`Op Expires June 3,2029
Sa • . '�i ar, Assistant County Attorney
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[Remainder of this Page is Intentionally Left Blank]
Exhibit A
The new roadway geometry will be a four-lane urban divided arterial with on-street bike lanes,
and a six-foot sidewalk on the south side of the roadway and a 10-foot sidewalk on the north side
of the roadway. The new roadway will align with the Phase I improvements, at Aubrey Rogers
High School's east entrance and continue to the eastern property boundary of the Seminole Gulf
Railroad right-of-way.
The Project will have the following features:
- Streetlights
- On-Street Bike Lanes
- Sidewalk
- Drainage Improvements
- Ponding
- 12" Potable Water Main Extension with a connection point and valve in line with existing
water main located at the southwest corner of the Mediterra Community for future
extension.
- Connection, set at-grade that connects the north side of the road to the south side of the
roadway to accommodate tortoise crossing. The connection size shall be a minimum of
18" in diameter unless modified by final permit conditions.
- The design and construction shall include coordination with the Conservation Collier
County team members at key project milestones which will occur during the Review
Period. Such coordination may include progress updates provided during design milestones
(30%, 60%, 90% and 100%), prior to any project clearing, any required tortoise relocation
and during construction kick-off. The timing and format of the coordination shall be
mutually agreed to by the County and the Developer.
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