Loading...
Backup Documents 06/24/2014 Item #16A23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t {" TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r,� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ('A" 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 Attorne Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP o Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with e 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 Office County Attorney Office `fN , 1471cAllk 4. BCC Office Board of County Commissioners /5)/ 02-1\ t� 5. Minutes and Records Clerk of Court's Office l b`a 14 << c> - 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 Laurie Beard Phone Number 252-5782 Contact/ Department Agenda Date Item was 6/24/14 ✓ Agenda Item Number Approved by the BCC \i • Type of Document Agreement Number of Original 1 Attached NN f. 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? LB 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 LB 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 LB 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 LB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LB 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 06/24/14(enter date)and all changes LB 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 L BCC,all changes directed by the BCC have been made,and the document is ready for t 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 16A 23 MEMORANDUM Date: July 7, 2014 To: Laurie Beard, Planner Transportation Planning Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Developer Agreement— Twin Eagles South Attached for your records is a copy of the Document as referenced above (Item #16A23) approved by the Board of County Commissioners on June 24, 2014. The Minutes and Records Department will maintain the recorded original agreement in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16423 DEVELOPER AGREEMENT TWINEAGLES SOUTH THIS DEVELOPER AGREEMENT ("Agreement") is made and entered into this 'D 44 day of °5■_,,,,‘C 2014, by and between NAPLES ASSOCIATES IV, LLLP, a Florida limited liability limited partnership (hereinafter referred to as "Developer"), whose address is 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 33323, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County, a political subdivision of the State of Florida(hereinafter referred to as "County"). RECITALS: WHEREAS, Developer is the owner of that certain real property located in Collier County, Florida, commonly known as "TwinEagles South", which real property is more particularly described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and WHEREAS, the County has approved a Preliminary Subdivision Plat and associated infrastructure construction plans, PL20130001020 (collectively, the "Development Order"), for a project of eight hundred fifty-three (853) single family units proposed to be developed on the Property (the "Project"); and WHEREAS, in connection with the development of the Project, in keeping with Resolution No. 2006-299 it has been determined that the Developer is required to mitigate for operational impacts by making a contribution towards the costs of an additional westbound to southbound turn lane (the "Additional Turn Lane") from Immokalee Road onto Collier Boulevard (CR 951); and WHEREAS, the County has been planning to construct necessary intersection improvements (the "Intersection Improvements") at the intersection of Immokalee Road and Collier Boulevard (CR 951), but the design plans for the Intersection Improvements (the "Design Plans") do not include the Additional Turn Lane, and WHEREAS, the County now desires for the Design Plans to be modified to include the Additional Turn Lane, and subject to the terms of this Agreement, the Developer is willing to enter into a contract for such modification of the Design Plans with the design engineer for the Intersection Improvements (the "Design Engineer"); and WHEREAS, it is in the best interest of the County for the Developer to enter into such contract with the Design Engineer and pay for such modification of the Design Plans because it will help finance and accelerate the construction of the Intersection Improvements; WHEREAS, this Agreement is structured to ensure that Adequate Public Facilities are available to serve the Project concurrent with the impacts of the Project on said public facilities; and INSTR 5001372 OR 5052 PG 3460 RECORDED 6/30/2014 8:38 AM PAGES 14 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$120.50 16423 WHEREAS, the Growth Management Administrator has recommended to the Board of County Commissioners that the Intersection Improvements with the Additional Turn Lane as described in this Agreement (collectively, the "Proposed Plan") are in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, Collier County Code of Laws and Ordinances Sec. 74-302(h) provides in relevant part that "A certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, thirty-three percent (33%) of the estimated payment will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements and are non-refundable. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application submittal, such that additional impact fees may be due prior to issuance of a certificate of occupancy or certificate of completion for the building permit(s);" and WHEREAS, the total estimated transportation impact fees due in connection with the Project is $4,907,095.75, and thus under Collier County Code of Laws and Ordinances Sec. 74- 302(h), $1,619,341.60, which represents thirty-three percent (33%) of such total estimated transportation impact fees, must be paid in connection with the issuance of a certificate of public adequacy for the Project; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The Proposed Plan is in conformity with contemplated improvements and additions to the County's transportation system; b. The Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the proposed five-year capital improvement program for the County's transportation system and the adopted Long Range Transportation Plan. WITNESSETH: NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration exchanged between 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 16423 2 3 MITIGATION FOR OPERATIONAL IMPACTS 2. Within fifteen (15) days following the execution of this Agreement, the Developer shall enter into a contract (the "Design Contract") with the Design Engineer for a modification to the Design Plans to include the Additional Turn Lane and for certain post-design work, all as more particularly described in the Scope of Work attached to and made a part of this Agreement as Exhibit "B". In no event shall the Developer be required by this Agreement to pay more than One Hundred Fifty Thousand ($150,000.00) under the Design Contract. The total amount paid by the Developer under the Design Contract is hereinafter referred to as the "Design Fee." Fifty percent (50%) of the Design Fee shall be deemed a contribution from the Developer to the County, and the other fifty percent (50%) of the Design Fee shall be deemed a payment towards and credited against Developer's Fair Share of the construction costs (as defined below). 3. As soon as practicable following the execution of this Agreement, the County and the Developer shall work together to determine the Developer's fair share of the costs of construction of the Additional Turn Lane (the "Fair Share"). In no event shall this Fair Share exceed Three Hundred Thousand Dollars ($300,000.00). 4. The Fair Share (less the amount credited against the Fair Share as provided in paragraph 2 above) shall be paid by the Developer to the County within thirty (30) days following the date that the County has awarded a construction contract for the Intersection Improvements, including the Additional Turn Lane, and has provided written notice thereof to the Developer. CERTIFICATE OF PUBLIC FACILITY ADEQUACY 5. Upon the execution and delivery to the County by Developer of an Assignment of Impact Fee Credits from G. L. Homes of Naples Associates II. Ltd. in the form attached hereto and made a part hereof as Exhibit "C" (the "Assignment of Impact Fee Credits") transferring $1,619,341.60 in transportation impact fee credits to Developer, Developer shall be deemed to have paid the County thirty-three percent (33%) of the estimated road impact fees for the Project (the "COA Payment") in accordance with the Collier County Consolidated Impact Fee Ordinance, Developer shall immediately be entitled to obtain a permanent certificate of public adequacy for the Project (the "COA"), and the COA shall vest the Project in perpetuity for purposes of transportation concurrency. The County further acknowledges and agrees that the Developer may pay the COA Payment by the transfer of road impact fee credits to the Project from another development within the same or an adjacent impact fee district. The road impact fee credits will then be applied to building permits in accordance with the provisions of the credit agreement which is the subject of the Assignment of Impact Fee Credits. 6. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement. County shall provide written notice to Developer of any failure to comply, and Developer will be given reasonable opportunity to cure such failure. Should Developer fail to cure such failure, the matter may be forwarded for review by the Board 3 16A23 of County Commissioners. If the Board of County Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. LEGAL MATTERS 7. 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. 8. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve Developer 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. 9. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Project Agreement Act. 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, including but not limited to State legislation which materially changes the County's ability to charge impact fees, 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. 10. The Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. The parties hereto shall do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 11. This Agreement shall be governed by and construed under the laws of the State of Florida. 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. 12. 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: 4 16A23 To County: To Developer: Collier County Manager's Office 1600 Sawgrass Corporate Parkway 3299 Tamiami Trail East, Suite 202 Suite 400 Naples, FL 34112-5746 Sunrise, FL 33323 Phone: (239) 252-8383 Attn: Richard Arkin Phone: (954) 753-1730 Notices sent via Certified Mail, return receipt requested, shall be deemed given three (3) days after being deposited in the United States mail, and notices sent by a nationally recognized overnight delivery service shall be deemed given on the date of receipt. 13. This Agreement, together with the Development Order, 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. 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. ATTEST: f, .,, BOARD OF COUNTY COMMISSIONERS D WI get E:•BEOC,K, CLERK COLLIER COUNTY,, ORIDA By4A-4:0.-~ Deputy Clerk TOM HENN G, C 'MAN 'Attest as tb.Ch irman s REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 5 1 6A23 AS TO DEVELOPER: Signed, sealed and delivered in the presence of: NAPLES ASSOCIATES IV, LLLP, a Florida limited liabilit, imited partnership By: Naples I ' I,foration, a Florida Corpo•• A/s general partner gabta - 4) 4 By: 1 Witness Name: i/A) Lc - "5 'icfard Arkin, Vice President Witness Name r0 V..,-.. C. .`Trc '.• = State of Florida ) )ss. County of Broward ) The foregoing instrument was acknowledged before me this CA day of 3vA^-e , 2014, by Richard Arkin, Vice President of Naples IV Corporation, a Florida corporation, general partner of Naples Associates IV, LLLP, a Florida limited liability limited partnership, on behalf of said limited liability limited partnership, who ( '✓S is personally known to me or has ( ) produced as identification. Notary Public NOTARY SEAL ru\n— C . s Printed Name f-E-0 3.33 .(P l\3\k5 Commission No. Expiration Date Appro e I ,, '. "- and legality: o'"�'`� . CAROLYN C.TORRISI "t 'i. ;. MY COMMISSION#EE 023326 EXPIRES:January 3,2015 •t t i 4 - — I Rf 0;• Bonded Thru Notary Public Underwriter Jeffrey ` 'atzkow County .y t . ey 6 16A23 EXHIBIT "A" ALL THAT PART OF SECTIONS 29, 30, 31 AND 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE WEST 1/2 OF THE AFOREMENTIONED SECTION 29 LESS THE WEST 30 FEET AND THE NORTH 155 FEET THEREOF; AND THE WEST 30 FEET OF SAID SECTION 29 LESS THE NORTH 178.03 FEET THEREOF; AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30 FEET THEREOF; AND THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30 FEET THEREOF; AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE AFOREMENTIONED SECTION 30; AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 30; AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 30; AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE AFOREMENTIONED SECTION 31; AND THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE AFOREMENTIONED SECTION 32; AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32. Exhibit "A" 16 q 2 3 U) „I m ; H g to to N n S m D a m , m J II W N tl O yy_ tir 3v1 m - 0 I W A 11111111111111111111111/�11111111111111111/411111D1 erf111111111111111►Viz`O1111�j4 •�►11��� , A IIIIIIIII,IIF' i;��'9 LE 0 � -in i . ►� p� ��� QI�Illllllllllllllllllll�li Illlllllllli i i�i� �,�, •�IIIIIIIIIHIIillllti�lll i :11111111.� �11�111 -��tfA��11111111-1111111�IIL.1 � � `0�=Pi 111111. = 4 41.11 _ 4 IIIIIIIIIIIIIII/1� ..1r,��111 111111111\�1�� Lira;111111111111► �'G ! o I\�. a�.�— 1 .‘,____L. 11111111111►� ��I►IIIIIIII�p „��� , Kra =1111;1111111IIt� �11�111111�LI A� r�E -- a 411IC BE i, � Ms. il " ud/ to d rz A1111111111► c m , o Hm z J T m z a zk---41 n i H o '� O Zo 2 c.•, 1z Lai d 1W rN o- Z x ro Ot C. i o 0 x VPo Y > s y yy y > y a i', y > N Y > > ,> '§Y > 'n Y a Y > o y A a b C m 2 m m 2 m 2 Z m x m 2 2 2 h m 2 ram 2 m 2 m > A L=] m � A b bra O h b h b b A b �h b b O �A b �A b h O .a A y�` y rJ` a a i uQQ+ RyR o °�y� i y i Y n , 1 v VI y y x $ Zy i am 4m y kg 2., ' . .R ,k k . h A n A p�A Ah c '6 A> A > a y 0> Os O m> O 4> O Z O O Y y y ?1 Y 3 Y O w N+°i +� +� Y +� M 4 y R y Z H R ry 0 2 k k � ; k k 2 A2 2 +oi dr n A h h A A +Oi O .O,r O h' b y o 0 o y o y y P' '''4 y S Y M 8 m A q A A y O O b Ah '3 '4 ti L C C y O iO t. N M. b y 'USX Y Y Y y y ^] y Z ,�, O tamta�h >b y b k k k k > k > h y ra E eh II A > 2 $ Z k k .. O k k 5 ' y A b A A O O A "' 2 2 N m P A 'Si 1 O s p z m b1 A >` ` , INw O q E 1i 1 > y 2 pCm ic C b y 2 k M t.Ar Z 2 y y ., C b ,T, y y 1 O b Ali iig g ' i b b y m rg i4 a V -,,i,xDf b > a , Y b y A Y `°e b I m T-;',;' b ,, _ >, y , a A -. y y Y 4 h y y p _WEv l6r 1 2 'Y "A O T O z b h i yV w• rr, ( O O Exhibit "B" 1 6 A 23 CH2M HILL 5801 Pelican Bay Boulevard Suite 505 Naples,FL 34108 C H2M H I LL Telephone: 239-596-1715 Fax:239-596-2579 PROPOSAL FOR CONSULTING ENGINEERING SERVICES FOR "IMMOKALEE—COLLIER INTERSECTION: OPERATIONAL IMPROVEMENTS" (IMMOKALEE RD WESTBOUND TRIPLE LEFT ANALYSIS AND FINAL DESIGN) June 9, 2014 1.0 INTRODUCTION Naples Associates IV, LLLP (the "Developer") requires the services of a Consultant to assist the Collier County Planning Department staff to provide Traffic Engineering, Planning, Alternatives Analysis, Final Design, Estimating and Developer Cost Allocation Services related to providing operational improvements to the Collier Boulevard- Immokalee Road Intersection. Existing traffic volumes combined with continuous development along Immokalee Road east of the Immokalee Road-Collier Boulevard Intersection will result in operational issues at the intersection due to the high number of westbound Immokalee Road to southbound Collier Boulevard left turns. The existing dual-left turn lanes will not be sufficient for the increase in traffic volumes. Therefore, a triple-left turn lane configuration will be required. This Task Order will used to develop alternatives and prepare Final Design Plans, Details, Permits and Cost Estimates associated with constructing a triple-left turn lane at this location. Note: The plans produced as a result of these services will be incorporated into the IM Collier Phase II Plan Set currently being designed by CH2M HILL. The improvements will be bid as part of that plan set. 2.0 SERVICES TO BE PERFORMED The Consultant will be required to assist the County with preparation and evaluation of various alternatives for improvements to the Immokalee Road/Collier Boulevard 16A23 Intersection which will provide a triple-left turn lane configuration for the westbound Immokalee Road to southbound Collier Boulevard traffic movement. The major services to be performed under this Task Order are summarized below: TASK I. —TRIPLE-LEFT TURN LANE CONFIGURATION FOR THE WESTBOUND IMMOKALEE ROAD TO SOUTHBOUND COLLIER BOULEVARD TRAFFIC MOVEMENT Services include but are not limited to the following: Task I.a—Alternatives Analysis: • Conceptual Design of Feasible Alternatives: This task will include the data gathering, traffic evaluation and preparation of feasible alternatives to provide a triple-left turn lane configuration for the westbound Immokalee Road to southbound Collier Boulevard traffic movement. These alternatives should consider geometric standards, safety, cost and operational impacts to the intersection. To provide sufficient lane width and geometry for the additional left turn lane, Immokalee Road will need to be widened (to the north) both west and east of the intersection to provide standard transitions. A Design Speed of 50 MPH will be utilized for transition and taper requirements. Survey will be required to provide sufficient topography necessary for the evaluation and preliminary design. The limits will extend approximately 2000 Ft east and west of the existing intersection. The width of survey will be limited to the requirements of north side Immokalee Road Widening. Survey will also include sufficient information for CR 951 Box Culvert extension and Cocohatchee Canal realignment. Task I.b —Final Design: • Final Design of Preferred Alternative: This task will include the final design of the preferred alternative. This task will include the preparation of 100% Plans, Cross Sections, Details, Specifications, Quantities and Cost Estimates. The widening of Immokalee Road to accommodate the triple-left turn lane will require extension of the existing box culvert. Final Plans will be developed for the required box culvert extension. The widening will also require realignment of the Cocohatchee Canal. Final Plans and cross sections for this realignment will be prepared. Minor impacts to utilities along this segment of Immokalee Road are expected and relocated/adjusted utilities shall be included in the Final Design Plans. Relocation of 2 FPL Transmission poles will be required and will need to be considered in the design and coordinated with FPL. The improvements will require modifications to the existing signalization at the intersection. Final Signal Plans will need to be prepared. Coordination with Traffic Department will be required. Identification and verification of storm water treatment and attenuation requirements is included. 16A23 Requirements will be incorporated into the IM Collier II Permit Application. Task I.c—Project Cost Estimates and Developer"Fair Share" Determination: • Project Quantities and Cost Estimates: This task will include preparation of Project Quantities and Opinions of Probable Cost which will be utilized by Collier County staff to budget future work and determine developer "Fair Share" requirements. Methodology for determining developer responsibility will be discussed with Collier County staff prior to determination. It is anticipated that up to four (4) separate quantity and cost estimates may be required Task I.d—Meetings and Coordination: • Project Coordination: This task will include the coordination necessary to prepare preliminary designs and estimates for the intersection modifications prepared in Task lb. Meetings with Collier County Planning, Traffic, Utility and Stormwater staff are anticipated. Meetings with SFWMD and SFWMD-BCB will be required to determine permit requirements. Meetings with FDEP for potential utility relocations will be required to determine permit requirements. Meetings with FPL staff will be required to evaluate and coordinate Transmission Pole Relocations. TASK II. —SERVICES DURING CONSTRUCTION Services include the following: 1. Attend pre-bid conference (if necessary) to respond to questions or issues raised by potential bidders. Prepare addenda as required. 2. Provide final cost estimate incorporating design changes due to bidder comments. 3. Provide limited services during construction to include the following: • Provide contract document interpretation and assistance in addressing requests for information and unforeseen conditions when requested by the County. • Review Shop Drawings • Review and assist in field changes which include minor redesign as requested by the County. • Provide periodic site observation visits of construction site. • Attend periodic progress meetings with the County and the Contractor (if requested). • Review and provide recommendations to Contractor Change Order requests. • Attend one substantial completion walk through meeting in the field. 16423 • Contractor will be responsible to provide Record Drawings based upon the contractor's markups, visual observations, and record survey. CH2M HILL will provide files to Contractor for use. SCOPE EXCLUSIONS: The following tasks are not included in the Scope of Work for this Agreement: 1. SFWMD Permits (obtained as part of the IM Collier II Project) 2. SFWMD-BCB Permits (obtained as part of the IM Collier II Project) 3. Attendance at Planning Meeting(s), Public Meetings and Stakeholder Meetings 4. Subsurface Utility Engineering (SUE) (data obtained as part of the IM Collier II Project) 5. Construction Engineering and Inspection Services 6. Services other than those specifically listed above. Note: ENGINEER's Cost Opinions: In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that COUNTY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. Services During Construction: The presence or duties of CONSULTANT's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to COUNTY's and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, 16A23 observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT's own personnel. The presence of CONSULTANT's personnel at a construction site is for the purpose of providing to COUNTY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. 3.0 REQUIREMENTS AND PROVISIONS FOR WORK Project Schedule The Consultant shall meet with Developer and Collier County staff to develop intermediate task schedules based on the proposed services. Consultant shall be ready to begin work immediately upon Notice to Proceed (NTP). Overall Work Order Schedule is anticipated to be 1095 Days from NTP. This will allow approximately 365 Days for Design and Permitting and 730 Days for Construction and Project Permit Certification. Progress Billing The Consultant shall provide written progress reports that detail the work performed on each task. Progress reports shall be delivered to the Developer concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percentage complete against the actual work accomplished. Liaison Office The County will designate a Project Manager who shall be the representative of the County for the Project. The final direction on all matters remains with the Project Manager. 4.0 CONSULTANT COMPENSATION: The Developer will compensate the CONSULTANT for Task I and Task II on a LUMP SUM basis, a total fee of$150,000.00 Exhibit"C" 1 6 A 2 3 ASSIGNMENT OF IMPACT FEE CREDITS (for TwinEagles South) THIS ASSIGNMENT OF IMPACT FEE CREDITS is made by and between G. L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership ("Assignor"), and NAPLES ASSOCIATES IV, LLLP, a Florida limited liability limited partnership ("Assignee"), for the purpose of transferring a portion of Impact Fee Credits held by Assignor arising out of an Amended and Restated Developer Contribution Agreement("Agreement")dated May 9,2006, by and between G. L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED PARTNERSHIP and the Board of County Commissioners of Collier County,Florida as recorded in the official records of Collier County at Book 4034,Page 1820,et seq. Assignor wishes to convey to Assignee certain Transportation Impact Fees Credits granted through the Agreement in the amount of$1,619,341.60. This Assignment of Impact Fee Credits does not amend or alter the Agreement, which remains in full force and effect. In consideration of assenting to this Assignment,with its increased administration burden,Assignor and Assignee hereby jointly and severally indemnify and hold harmless Collier County against any and all present and future claims of whatever kind arising out of the transfer and ultimate use of these Impact Fee Credits, including but not limited to administrative errors by Collier County staff. Prior to payment of the impact fee, Assignee shall notify the County that a credit is available by submitting the then-current County approved Impact Fee Credit Consent Form. DATE: ASSIGNOR: G.L.HOMES OF NAPLES ASSOCIATES II,LTD.,a Florida limited partnership By: G.L.HOMES OF NAPLES II CORPORATION, a Florida corporation, its general partner By: Richard Arkin,Vice President STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , 2014 by Richard Arkin as Vice President of G.L. Homes of Naples II Corporation, a Florida corporation, on behalf of the corporation as the general partner of G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (Notary Seal) Signature of Notary Public Print,type,or stamp name of Notary Public DATE: ASSIGNEE: NAPLES ASSOCIATES IV,LLLP,a Florida limited liability limited partnership By: NAPLES IV CORPORATION,a Florida corporation, its general partner By: Richard Arkin,Vice President STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , 2014 by Richard Arkin as Vice President of Naples IV Corporation, a Florida corporation, on behalf of the corporation as the general partner of Naples Associates IV, LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (Notary Seal) Signature of Notary Public Print,type,or stamp name of Notary Public