Agenda 11/08/2011 Item #16A14n
11/8/2011 Item 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the Second Amendment to the Mirasol Developer Agreement
for the purpose of extending the three year Certificate of Public Facility Adequacy (COA)
in perpetuity.:,
OBJECTIVE: To amend the Mirasol Developer Agreement to allow for the COA to run in
perpetuity.
CONSIDERATION: Developer and County entered into a Developer Agreement on May 3,
2007 which is recorded in Official Records Book 4226 at Page 2104 of the Official Records of
Collier County Florida ( "Agreement ") to design, permit and construct intersection improvements
and roadway improvements on Collier Blvd. and Immokalee Road. The Developer has
completed all improvements it was required to construct pursuant to the Agreement. The first
half of the transportation impact fees in the amount of $3,229,558.32 have been satisfied using
impact fee credits and cash. It should be also noted that while the County has received the
benefit of the improvements associated with the DCA, the Developer has not developed any of
this property to date.
The Agreement was amended to allow road impact fee payment to be made in five equal
payments over a five year period on April 27, 2010 which is recorded in Official Records Book
4561, Page 1858 of the Official Records of Collier County Florida, per section 74- 302(H)(5) of
110� the. Code of Laws and Ordinances of Collier County.
On -June 14; 2011 the BCC approved Ordinance N. 2011 -20 which amended the Consolidated..
Impact Fee Ordinance to provide that a permanent COA will be issued upon payment of thirty
three percent (33 %) of the estimated road impact fees. The Developer has paid seventy percent
(70 %) of their road impact fees to date.
FISCAL EWPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT UvIPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The proposed Second Amendment was prepared by the
County Attorney, is legally sufficient, and requires majority support for approval. JAK
RECOMMENDATION: That the Board of County Commissioners approve the attached
Second Amendment to the Mirasol Developer Agreement.
Prepared By: Nick Casalanguida, Deputy Administrator, Growth Management Division
Attachments: 1) Original DCA; 2) First Amendment; 3) Second Amendment; 4)Site Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14.
11/8/2011 Item 16.A.14.
Item Summary: Recommendation to approve the Second Amendment to the Mirasol
Developer Agreement for the purpose of extending the three year Certificate of Public Facility
Adequacy (COA) in perpetuity.
Meeting Date: 11/8/2011
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
10/24/2011 7:30:55 AM
Approved By
n Name: PuigJudy
Title: Operations Analyst, CDES
Date: 10/24/20113:39:50 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 10/24/20114:42:41 PM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
Date: 10/25/20119:26:12 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/25/20119:47:51 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 10/25/2011 10:46:50 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/26/2011 9:32:34 AM
Packet Page -556-
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/26/2011 11:14:18 AM
Name: IsacksonMark
11/8/2011 Item 16.A.14.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/28/2011 10:58:21 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/31/20119:18:43 AM
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11/8/2011 Item 16.A.14.
SECOND AMENDMENT TO DEVELOPER AGREEMENT
MIRASOL
THIS SECOND AMENDMENT DEVELOPER AGREEMENT (hereinafter referred to
as the "Second Amendment ") is made and entered into this of November, 2011, by and
between IM Collier Joint Venture, a Florida Venture, with an address at P.O. Box 10489, Naples,
FL 34101 (hereinafter referred to as "Developer"), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized
terms not defined herein shall have the same meaning as set forth in the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended.
RECITALS:
WHEREAS, Developer and County entered into a Developer Agreement on May 8,
2007, which is recorded in Official Records Book 4226 at Pages 2104 et seq. of the Official
Records of Collier County Florida ( "Agreement"); and
WHEREAS, the Agreement contemplated that a three -year Certificate of Public Facility
Adequacy ( "COA ") would be issued upon payment of one -half of the County's estimated Road
Impact Fees for the Development less the estimated costs of certain improvements to be
constructed by the Developer; and
WHEREAS, a COA was issued April 28, 2009, with an April 28, 2012 expiration date;
n and
WHEREAS, on March 10, 2009, the Board enacted Ordinance No. 2009 -09 which
amended the Consolidated Impact Fee Ordinance by providing for, among other things, a five -
year payment for the remaining estimated transportation impact fees following the expiration of
the initial three -year COA; and
WHEREAS, for the purpose of implementing the provisions in Ordinance No. 2009 -09,
the Agreement was amended by the First Amendment to Developer Agreement on April 27,
2010, which is recorded in Official Records Book 4561, at Pages 1858 et seq. of the Official
Records of Collier County, Florida ( "First Amendment "); and
WHEREAS, on June 14, 2011, the Board enacted Ordinance No. 2011 -20 which
amended the Consolidated Impact Fee Ordinance to provide that a permanent COA will be
issued upon payment of thirty -three percent (33 %) of the estimated road impact fees; and
WHEREAS, the Developer has paid seventy percent (70 %), which is in excess of the
now required thirty -three percent (33 %) of the estimated road impact fees; and
WHEREAS, Developer has constructed all improvements it was required to construct
pursuant to the Agreement; and
WHEREAS, the County and Developer have agreed to enter into this Second
Amendment to conform the Agreement to Ordinance 2011 -20.
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11/8/2011 Item 16.A.14.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of tho oovenants
contained herein, the parties agree as follows:
1. In recognition of Developer having paid seventy percent (70 %) of its estimated
Road Impact Fees and in keeping with Ordinance No. 2011 -20, the Certificate issued to the
Developer is hereby issued in perpetuity.
2. Except as modified by this Second Amendment, the remaining terms of the
Agreement and First Amendment remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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11/8/2011 Item 16.A.14.
IN WITNESS WHERLOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK. Clerk
By:
Attest as to Chairman. Deputy Clerk
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence oi':
Sittur
r
Printed Name
siwourc
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'T'Y, FLORIDA
MM
FRED COYLE. CHAIRMAN
IM Collier Joint Venture
a Florida Venture
By: Mirasol Development, L.L.C.;
a Florida limited liability company
Its Managing Venturer
By: CCMS Development L.L.C.;
a Florida limited liability company
Its Managing Member
B��'ice : , Member
hot he foregoing instrument was acknowledged before me this Wile of
� 20: 1, by J D Nicewonder, as Managing Member of IM Collier Joint Venture,
is personally known to me or has produced 4 as identification.
Notan! Public
Print Name: Ile-11"y "'077-
My Commiision Expires:+y +y yu+l+t+++ss +01+ arl; is Ue„cmbei 31, 2QQ
Appr t', ed form IYotaty Registration #47017
and I IV,, iency:
Jeff're ow
Coun AY rnev
Page 3 of 3
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11/8/2011 Item 16.A.14.
DEVELOPER AGREEMENT
MIRASOL
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this lik% of May, 2007, by and between IM Collier Joint Venture, a Florida
Venture, with an address at 6704 Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as
"Developer "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of
Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have
the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance,
Ordinance No. 2001 -13, as amended.
a RECITALS:
.e o
WHEREAS, Developer is the owner of approximately 1,558 acres of land located on the
north side of Immokalee Road immediately west of Collier Blvd. in Collier County, Florida,
known as the Mirasol PUD, more particularly described in Ordinance No. 2001 -20; (hereinafter
a�
referred to as the "Development "); and
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WHEREAS, as set forth in th
contain 799 residential units; an d
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WHEREAS, County
set forth in Exhibit A, and
engineer's costs estimates fo;
-that the Development will at build -out
be ' ad to its transportation system as
vem�ts het forth in Exhibit B, with
WHEREAS, Develo er_� ms's
believes that it can design, p and construct
forth in Exhibit C; and
and relationships,
a lower costs than that set
WHEREAS, as detailed b exchange f ii of its project for transportation
concurrency purposes, and in exch ire its in the lesser of the sum of the
engineer's cost estimates or actual projec set forth below, Developer is willing to
design, permit, construct and provide a CEI acceptable to Collier County for the improvement
project described in Exhibit A, and, if County exercises its option, for the project set forth in B as
well; and
WHEREAS, County is willing to grant Developer concurrency rights for this
Development in order to accelerate the needed improvements to this intersection; and
M
so
WHEREAS, the Transportation Administrator has recommended to the Board of County
no Commissioners for approval of this Agreement, which will help finance needed improvements
o „ ° and additions to the County's transportation network; and
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aWHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that this Agreement will help finance needed improvements and additions to
the County's transportation system; that this Agreement, when viewed in conjunction with other
existing or proposed plans, including those from other developers, will not adversely impact the
Packet Page -561-
11/8/2011 Item 16.A.14.
cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate
n, or interfere with other planned or ongoing growth- necessitated capital improvements and
additions to the County's transportation system; and that this Agreement is consistent with both
the public interest and with the comprehensive plan, including the most recently adopted five -
year capital improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County Consolidated
Impact Fee Ordinance.
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:
0
1. All of the above RECITALS are true and correct and are hereby expressly
N incorporated herein by reference as if set forth fully below.
es.
2. Within 30 days from the dat ement is approved by the Board of County
N Commissioners, Developer will co r3it, construct and provide a CEI
"C" acceptable to County for certai�5 m iden Exhibit A. Developer shall be
responsible for all costs associa dwi this project. All ne ssary right -of -way will be provided
o by County. The project must omIm ce no ebru 1\,2008, and must be completed
no later than March 31, 2009 ex t at es ma be re on ly extended by Developer if
such delay is caused by con itio 1 i bu� not limited to Acts of God,
Government restrictions, w urr ti. e cause beyond the reasonable
control of the Developer.
3. By written note' " ted no later than it ' , ' 07, County may exercise its
option for Developer to design, it, construct and p dam' CEI acceptable to County for
certain improvements identified i r If exer ' eloper shall be responsible for all
costs associated with this project. e'yLr - y will be provided by County. This
project must also commence no later th an 008, and must be completed no later than
March 31, 2009, except that both dates may be reasonably extended by Developer if such delay
is caused by conditions beyond its control including, but not limited to Acts of God, Government
restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the
Developer.
4. For a period of nine months, commencing with the date first above written,
Developer may permanently reserve roadway capacity for up to 799 residential units, at any mix
of single family units and multi - family units chosen by Developer. To exercise this right,
Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for
the Development less the estimated costs for the improvements. If the estimated costs of the
project(s) exceed the actual costs of the project(s), Developer shall pay County the difference
between the two within 30 days of providing County with a reconciled statement as set forth
below. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public
Facilities ( "Certificate ") vesting the Developer's Project to construct up to 799 residential units
^ solely for the purposes of meeting the County's Transportation Concurrency requirements, and
Page 2 of 6
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11/8/2011 Item 16.A.14.
unless specifically required by law, the County shall not thereafter withhold the issuance of any
Certificate of Occupancy based on the County Transportation Concurrency requirements. Final
calculation of the remaining road and other impact fees due will be based on the impact fee
schedule in effect at the time of the issuance of building permits for such units. Payment of these
fees vests the Development entitlements for which the Certificate applies on a continuous basis
for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is
non - refundable after payment and receipt of the Certificate.
5. Not later than 90 days prior to the expiration of the three -year period for the
Certificate, the County shall notify Developer via registered mail of the remaining balance
due for the estimated transportation impact fees up to 50 percent (50 %), based on level of
building permits already issued. The balance of the impact fees due will be calculated at the
rate schedule then currently applicable. The Developer may elect to pay the balance of the
estimated transportation impact fees for the entitlements for which the Certificate applies or
modify the Certificate to a lesser entitlement and calculate the balance of the transportation
impact fees on the revised entitlements. The Certificate shall be modified to include only the
entitlements for which the estimated transportation impact fees are paid. Once the balance of
the estimated transportation impact fees those estimated fees are non - refundable.
The Certificate runs continuoM perpetuity after all estimated
transportation impact fees hav , , vermits are drawn down on the
entitlements, the estimated ti
of the impact fees in effect
fee account becomes deplet
impact fee for each buildini
out of the Development est[ii
balance of such estimated f
same, or adjacent transpo
associated with the unspent
the Certificate is modified to
tion impact fees aliy
If t
the
f �o d
impact fee di ict,
se entitlements'4/Cl
shall be debited at the rate
ated transportation impact
y applicable transportation
the event that upon build -
till unspent, the remaining
proved project within the
any vested entitlements
fees are relinquished and
6. It is understood and a _ ato- a foundations of this Agreement is
Developer's belief that it can complete these projects at a cost less than the estimates set forth in
Exhibit C. Developer is therefore willing to bear all risks that its costs will exceed that set forth
in the estimates, and will receive no adjustment whatsoever from the County should the costs be
higher. At the completion of the project(s), Developer shall provide County with a reconciled
statement of the actual costs Developer incurred in designing, permitting, constructing and
providing a CEI for the project(s), and shall be entitled to impact fee credits for these actual
costs, not to exceed the engineer's estimates set forth in Exhibit C.
7. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
8. 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. Upon giving
written notice to the County, Developer may assign all or part of the Road Impact Fee Credits,
utilizing the County's then current form of assignment, to successor owners of all of part of the
Page 3 of 6
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11/8/2011 Item 16.A.14.
Development, or as otherwise provided for in the Collier County Consolidated Impact Fee
Ordinance.
9. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, 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.
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. 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 .etwn- receipt requested, or by a nationally recognized
overnight delivery service, and addres �,lv
�/ Tn Deve'1r�`
9;4 To County:
0
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder,
Transportation Division 1
Phone: (239) 774 -8872
Facsimile: (239) 774 -937
Joint Venture
rciw c: � yvv i
Fa il�: 598 -2245
Notice shall be deemed to y y ensiven on e IN cessive business day to the date of
the courier waybill if sent by national o ' v elivery service.
12. 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. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
13. In the event of a dispute under this Agreement, the parties shall first use the
County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
14. 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 and to report the credit applied toward payment of
Page 4 of 6
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11/8/2011 Item 16.A.14.
road impact fees and the balance of available unused credit. If the Collier County Board of
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
F 'FIE CIRL�
Page 5 of 6
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11/8/2011 Item 16.A.14.
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: .
DWIGHT, . )3RQQY,, Clerk.
At uty Clerk
signature 01`x`
AS TO DEVELOPER:
c, Signed, sealed and
° delivered in the presence of:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 4, -A V*/� —
OdQES COLETTA, Chairman
IM Collier Joint Venture
a Florida Venture
By: Mirasol Development, L.L.C.;
da limited liability company
w;ggVAp enturer
By: CCMS
Printed Name V�
Cl n
C� f
STATE OF FLORIDA
COUNTY OF COLLIER
L.L.C.;
lity company
Member
The foregoing instrument w ged before me this • YC> day
of , 2007, by Robert Claussen, as Managing Member of IM Collier Joint Venture,
E own o m r has produced as identification.
ary P lic
Print Name: a �i %r= /` Lt 'VV
My Commission Expires:
' �v►' Notary Public State of Florida
John .1 Sterling
Je yA. Kl kow �M1 . Expires aro5/2010 � �
Managing AsIttant County Attorney
Page 6of6
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ENGINEERS ESTIMATE - D4?AOKALEE RD & COLLIER BLVD INTERSECTION (PHASE 1- Ena i I cv1
EXHIBIT C • TASK A
MIRASOL • COLLIER COUNTY
V2Sr2007
QTY
Uoil
Item Dewription
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IS
MOBILIZATION
f 225000
f 225AOf)m
. 1
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PROVIDE /MAnvTAw'AS BLJILI -PLANS
S 1s,000m
f ISMAD
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is
PROVIDE CONSTRUCTION SURVEYING_AND UYOUT . --
f BATA()
S 35.0000
1
IS
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PRESERVATION OF SURVEY MONUMENTS
- --
1
IS
PROVIDE/MAINTAIN PROJECT SCHEDULE
$ 2.SWM
S 2500.00
I
LS
MAINTENANCE OF TRAFFK:
S 125,109
S__ 1aAmiD
BO
CY_
COMMERCIALMATERIAL FOR DRIVEWAY MAINTENANCE - --
f 3750
_
S 3A00m
____40
MH
TRAFFIC CONTROL OFFICER __ _
f 60.00
f 2.0000
480
_ ED
_
VARIABLE MESSAGE SIGN (2) for 240 days and " _ -
f ZDm
S 9b00m
24
ED
BALEDHAYORS'MAW --- --'---
- ._ --- --
f lOm
_ -"- -- -._.
f 2400
240
LF
FLOATING TURBIDITY BARRIER _
_ ._..._
S 650
S_ ISWm
4.000
LF
STAND SILT FENCE (TYPE W)
T ' 0.8
S 17000
40
EA
ROCK SACS ..--- ..._._... ----- -._._.....-
— --
.__..-_. -_- _
S 4.00
' S 1600
I
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CLEARING AND GRUBBING
$ 45AMM
f 45.0000
16A00
CY
CHANNEL EXCAVATION (INCLUDES ROCK _k DEWATERING)
S 20.00
$ 320.0000
1.000
CY
EXCAVATION (ROADWAY /.DETENTION AREA)
-
lOm
S Il, .W_
500
CY
---- _._
EXCAVATION SUBSOIL -
_ _ _
..
S 120
S 6,000.00
4.075
SY
TYPE B STABILIZATION (LBR 40) (121
S IAf)
- S 16,3000
. IA33
SY
LIMEROOC(LBR 100)(6•) -PATHWAY (1500 LF)
. - -..
jij
3A70
SY
BASEp—A- . --
RO-
(BG-
-
— - --
210
-
S 7Z,B70m
1o=
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MIWNC EXISTING ASPHALT PAVEMENT (1.1/ '
"— -'
S 3.50
_
f_ 357WAO
1b67
668
SY
__
III
--
1 1 /2 TIiK7C TYPE 54R ASPHALTIC Y -
SUPERPwvt: ASPHALnc �`
- -
f 100
s looari
- - - --
f 16b70m
s e6aoo.Bo
1,641
TN
N (FC -125)
—
f 800
f 1317800
561
TN
-- --
SUPERPAVE ASPHALTIC _ DI (OVERBUILD) �
- —
S 1200
S
S 67,3200
24
TN _
M15C ASPH. CONC. PA
-"
1380
S 3,31200
20
CY
CLASS f,'ANCREI�E -RET wALL
4500
f 9,000.0(
42
CY
- -.
QJ-VCONCRETE jiOX CUL
_
S 33AW,00
f 8000
_ ..
REINFORCING STEEL X NER
3700
LB
f 1.15
-- - - ----
f 3,6BD.p
2
EA
I41FI5 (P6) (< 10) _ _ _
f 5500.00
f 11000
1
EA
DITCH BOTTOM INLETS O
-
S 165000
.._
f 5,5000
50
LF
_ _ .. _ _
PIPE RCP C1ASS IR ( - D DL RS 2)
f 1300
S S=AD
120
LF
PIPE OPTIONAL (24 _ _ _ _
S 1450
f 17AMM
1
Fa _
MITERED END , R 4')
-- ---
27500
_ - - --
f 27500
_ 2J33
LF
- _ —_..._
CONCRETE CURB- l `Ilu�
- --
140
- _
- _B55
_ LF _
TRAF SEPARATOR ( ) V) (4'
3S0
f 29,92SA0
460
SY
PAVERS, ARC}IR'ECI711_
-800
S ._- ..36800.00
un
TN
RIPRAP DITCH OIDES GEC7IEXiTI.E FABRIQ
900
f 299b10m
720
LF
GUARDRAIL (ROADWA
20.0
S 14AMAD
4
_'NA00
EA
SY
END ANCHORAGE ASSEMBLY
SODDWG(BAHIA)
__ _ _ 1,5000
f 6,00D.00
�zer,Mowing) �„!
f 250
f 35.0000
CATEGORY I • ROAOWIAY TOT ./
f 17%23Rm
i
fi;AlIJ11G1f.
0.25
MI
ISICNING AND PAVEMENT MARKINGS
f 40.0000
f 10,0000
CATEGORY ■ - SIGHING B PAVEMENT M RKRIGB TOTAL
f 10=00
(:l17lYGYM•I8i1101Q
_.. ..__ 1
LS
jucKnNc
f 20.0000
S 20.0000
CATEGORY ■ • IJGHTNG TOTAL
S 20,0000
erlseaoler Tr- ulEanBrs
11
TN
FITTINGS DI IF & 1) (RESTRAINED JOINT) (INCLUDES SOLID SLEEVES W /GLANDS)
S 9AW.00
S 99AODm
- 200
LF
PIPE D1 (F& q ( RESTRANED )00JT) (36- C]250)
-
S 4000
S 80.0000
200
LF
--
PIPE PVC (F k 0 (RESTRAINED JOlI%M (IT PR2DD)
_ - - --- -
f 1300
.. -
f 26,0000
.. 20D
LF
PIPE PVC (F k U EKES_ TRAINED JOINT) (16- PR20D)
f 1400
S ffi,000m
4
FA
VALVE ASSEMBLY/AIR RELEASE (WATER)
f S,000m
f 20.0000
EA
4
VALVE ASSEMBLY /AIR RELEASE (RCW)
S SAOOm
S 20000
4
EA
VALVE ASSEMBLY /AIR RELEASE (SEWER)
f 5A000
S 20,0000
CATEGORY N- UTILITIES TOTAL
f 293000
TOTAL CONSTRUCTION EXHIBIT A S 2,121,234,00
TOTAL DESIGN EXHIBIT A S 190,000.00
TOTAL CEI EXHIBIT A S 260,000.00
TOTAL PROJECT COST EXHIBIT A $ 2„r71,2U-00
Packet Page -569-
1 Item 16.A.14.
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Packet Page -570-
16.A.14.
11/8/2011 Item
ENGINEERS ESTIMATE - MMOKALEE RD & COLLIER BLVD INTERSECTION (PHASE 1- EAST LEG)
EXHIBIT C - TASK B
MIRASOL - COLLIER COUNTY
4/25/2007
QTY
Unit
Item Description
CA7l90RY1- IgMIINAY
UWP1NCE
Cldl'lilWL
1
15
MOBIU]ZATION
S
40AW.00
$ 40.000.00
1
IS
PROVIDE /MAINTAIN "AS BUILT" PLANS
$
SAW-00
$ sA00Ao
1
IS
PROVIDECONSTRUCTIONSURVEYING AND LAYOUT
$
1SAW.00
S 1SAM-00
1
IS
MAINTENANCE OF TRAFFIC
$
40.000.00
$ 40.000.00
1AW
LF
STAKED SILT FENCE (TYPE III)
$
0.80
$ 800.00
40
EA
ROCK BAGS
$
4.00
S 160.00
1
IS
CLEAFJM AND GRUBBING
S
10.000.00
IS 10AW.00
616
SY
PAVEMENT REMOVAL OF EXISTING CONCRETE
$
20.00
$ 12320.00
80
CY
EXCAVATION (ROADWAY)
S
10.00
S 800.00
730
CY
EMBANY,MENT
$
20.00
IS 14,600.00
1,243
SY
TYPE B STABr n AT7ON (LBR 40) (12-)
$
4.00
S 4,97200
NO
SY
BASE OPTIONAL (BASE GROUP 9)
$
21.00
S 15,480.00
3,900
SY
MILLIING EXLSTU4G ASPHALT PAVEMENT 0_12"
$
350
S 13,650.00
170
TN
SUPERPAVE ASPHALTIC CONCRETE MtAl c
S
100.00
S I7AOOA0
574
TN
FRICTION COURSE (FC -125) M4CL RUS13 ) /
S
80.00
S 45,920.0
215
TN
SUPERPAVE ASPHALTIC CO D) (OVERBUIIA) ►
S
120.00
S 25,800.00
25
TN
MLSC. ASPH. CON- PA
S
138.00
$ 3,150.00
30
CY
CLASS I CON(3tETE-RETAuo= WA1d G WALL)
S
450.00
S 13-W.00
2
IS
INLET ADJUSTMENT TE S,4, S
S
3,500.00
$ 7.00000
12
LF
PIPE OPTIONAL (IS-) DI)CLPDES QONCRETE CO
$
130.D0
S 1560.W
2AW
LF
CONCRETE CURB AND G
S
I400
S 33 600.00
270
SY
PAVERS, AR
80.00
S 21600.00
730
LF
GUARDRAIL (ROADwAyl
!;
20.00
S 14 500.W
1
EA
END ANCHORAGE ASS
Jj
1500.00
S 1 SOOAO
3300
SY
SODDING (BAHIA) (Lrclud emu, M Cells
250
S 8350.00
CATEGORY I -ROADWAY TQUI `p
S 369 56200
CATtBpORtf k��IPi.MtM �11"YMIa16S ,, lJ
SIGNING AND PAVEMENT
S
40 000.00
S 4,800.00
0.121
MI
r'
CATEGORY S - WHING & PAVEMENT Koj"
S
4,800.00
CABIGORCI•'f,�IBIQ
1
IS
LIGHTING
$
SAOOAO
S
800000
CATEGORY ■ - LIGHTING TOTAL
S
8.000 00
. - CIRB60RIfN•0/LA8
- _ ..
55
100
100
100
2
E±�JVALVE
TN
LF
IF
LF
EA
FTTTIINGS DI (F & 0 (RESTRANM JOINT) (IINCLU)ES SOLID SLEEVES W /GLANAS)
PIPE DI (F & 1) (RER RAIINED JoM (36" CL250)
PEPE PVC (F & 1) (RESTRAINED J09 TT) (12" PR200)
PIPE PVC (F & 1) (RESTRAINED JOINT) (16" PR200)
VALVE ASSEMBLY /Aut RELEASE (WATER)
ALVE ASSEMBLY /AIR RELEASE (RCW)
ASSEMBLY /AIR RELEASE (SEWER)
$
$
$
$
$
S
S
9,000.00
400.00
130.00
140.00
51000.00
5,000S
5.000t1s
Is
$
Is
$
S
S
49. 500.00
40.000.00
13A00.00
14.00
.000
10A00.00
/0.000.00
10AW.00 00
CATEGORY N- uTiLmES TOTAL
146-W.00
TOTAL CONSTRUCTION EXHIBIT B
$ 528,862.00
TOTAL DESIGN EXHIBIT B S
50,000.00
TOTAL CEI EXHIBIT B $
60,000.00
TOTAL PROJECT COST EXHIBIT B $
638,862.00
TOTAL PROJECT COST EXHIBIT A & B
$
3,210,0%.00
Packet Page -570-
16.A.14.
INSTR 4424030 OR 4561 PG 1858 RECORDED 4/30/2010 3:36 PM PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 11/8/2011 Item 16.A.14.
REC $27.00
FIRST AMENDMENT TO DEVELOPER AGREEMENT
MIRASOL
THIS FIRST AMENDMENT DEVELOPER AGREEMENT (hereinafter referred to as
the "Amendment") is made and entered into this 9b%f A p, N , 2010, by and between
IM Collier Joint Venture, a Florida Venture, with an address at 6704 Lone Oak Blvd., Naples,
FL 34109 (hereinafter referred to as "Developer "), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized
terms not defined herein shall have the same meaning as set forth in the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended.
RECITALS:
WHEREAS, Developer and County entered into a Developer Agreement on May 3, 2007
which is recorded in Official Records Book 4226 at Pages 2104 through 2109 of the Official
Records of Collier County Florida ((" "A'��»
WHEREAS, the Agreemrttr p
�dntem lated that a '" ar Certificate of Public of Public
Adequacy would be issued u "n n of one -half of 111 � County's estimated Road Impact
Fees for the Development le th e d co ti tam impr ! ements to be constructed by
the Developer; and
WHEREAS, a Certi
an April 28, 2012 expiration
WHEREAS, on Marc '' , 2009, the Boar(
amended the Consolidated Imp Ordinance by
year payment for the remaining es t�
the initial three year Certificate of P4 10
issued April 28, 2009, with
Z/
Pct rdinance No. 2009 -09 which
or, among other things, a five
es following the expiration of
; and
WHEREAS, Developer has constructed all improvements it was required to construct
pursuant to the Agreement; and
WHEREAS, the Army Corp of Engineers permit has been challenged and said challenge
has not yet been resolved; and
WHEREAS, the County and Developer have agreed to enter into this Amendment to
conform the Agreement to Ordinance 2009 -09.
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:
Packet Page -571-
OR 4561 PG 1859 11/8/2011 Item 16.A.14.
1. Paragraph 5 of the Agreement is deleted in its entirety and replaced with the
following:
5. Commencing no later than April 28, 2012, the Developer shall pay the second half of
the transportation impact fees over a five year period in the amount and manner set forth in
Section 74 -302 (h)(5) of the Code of Laws and Ordinances, Collier County, Florida, which
provides in relevant part as follows:
"For those developments that have secured a three -year COA, in order to extend the vesting
period for an additional five years, the balance of the estimated transportation impact fees, based
on the impact fee rate in effect at the time of the pre - approval letter, must be paid in five
additional annual installments of 20% with the first payment being made prior to the expiration
date of the three -year certificate.... At the time the first twenty percent (20 %) of the estimated
payment is paid, the applicant will deposit with the County sufficient security, the form of which
has been approved by the Board of County Commissioners, for a term of five years, in an
amount equal to the 20% payment. Upsan 0% of the balance of the estimated
impact fees, the certificate will b the dedicated security will be
released. No further advance pa. m�'11 be due once ac impact fees are paid equal to
the balance of the estimated po act fees. Fail ur to submit payment in accordance
with the provisions of this s sea�io 1 res a follcwin�: (i) Upon failure to cure
following 10 days written de and; o i ayment rights to the dedicated
security; and (ii) The matter +nll ie f t f ui�ty bommissioners for review.
Absent the Board finding excelk c um c the t orate ertificate of public facility
adequacy shall be revoked.
1A
2. Except as mod .
remain in full force and effect.
this
CIS
terms of the Agreement
(Remainder of the page intentionally left blank, signature page to follow.)
Page 2 of 3
Packet Page -572-
UK 94D01 rla LGDV
* ** OR 4561 PG 1860 * **
11 /8/2011 Item 1 B.A.14.
11/8/2011 Item 16.A.14.
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. _, ^ ,, ` -•?> n
DWIGHT'E. BROCKClerk
zz
By.
�te.jas to Lbe pu Jerk
�1q>�ture cir► �� `'
AS TO DEVELOPER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
W.
By.
Fred Coyle, Chairman
Signed, s an IM Collier Joint Venture
IV reci in the prese a of: a Florida Venture
�L!ERU irasol Development, L.L.C.;
Signature limited liability company
,-t Its anging Venturer
'nted Name \
M� Development L.L.C.;
Si [ limited liability company
ature
L c �r�t I g ber
Printed Name
Claussen, Am&g Member
STATE OF FLORIDA
COUNTY OF COLLIER
E CI
Th foregoing instrument was ac know edged before me this �(� day of
obert Claussen, as Managing Member of IM Collier Joint Venture, who
is personally known to me has produced s ide ti icatio .
otary P lic
Print ame: 'T
My Commission Expires:
_,� i'"'• JOHN J. STERUNG
br
' " Commission DD 518651
Expires Apnl 5.2010
i, BadedTINVTepFeFMVacel0438ST079
Page 3 of 3
Packet Page -573-
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