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Agenda 12/02/2008 Item #16B16 Agenda Item No. 16816 December 2, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to obtain board approval to pursue an agreement between Collier County and Naples Lakes Country Club Homeowners Association, Inc., a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area. OBJECTIVE: To obtain Board of County Commissioners (BCC) direction to pursue an agreement between Collier County and Naples Lakes Country Club Homeowners Association, Inc., (NLCC) a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area. .- CONSIDERATIONS: Collier County purchased the 99 acre property (passive park) located off of Collier Boulevard as mitigation for the Lely Area Stormwater Improvement Project (LASIP). The County was awarded a Florida Communities Trust (FCT) grant for $1.1 million dollars as a partial reimbursement for the purchase of the property. The FCT grant requirements include public access, five space parking and a one mile long at grade trail located in the eastern portion of the property. Other permitting requirements include placing the area in a South Florida Water Management District conservation easement with monitoring and maintenance of exotics and planting native species so that the area will remain in its natural state. The Army Corps of Engineers also requires exotic removal (Melaleuca, Brazilian Pepper and nuisance species) mitigation and water quality monitoring. The mitigation park plans were redesigned to accommodate NLCC concerns including relocation of the pathways, parking lot and observation platform (see attached exhibit). NLCC also wanted a fence installed on the north side of their property as the County cannot place a fence on the mitigation property. We have been working with NLCC to come up with an agreement which would allow the placement of the requested fence to include permitting, hiring a contractor, construction and maintenance. It has been proposed that NLCC obtain three written price quotes from qualified vendors and provide thcm to the County. The vendor is to obtain required permits and install the fence with county reimbursement hack to NLCC County staff and Ted Beisler, General Manager of NLCC, have been drafting an Agreement which has gone through several iterations to date. The original cost of the fence was determined by the County based upon 2,400 feet of 6' high coated chain link fence at a cost of $38,000.00. NLCC requested that the fence be extended to 3,000 feet (600 feet more) in length, and now it is requested that a decorative fence, shrubs, or a combination of fence and shrubs are provided at a cost not to exceed $47,500.00. The cost is capped at $47,500.00 based upon estimates from a Collier County fence installation contract LEGAL CONSIDER<\TIONS: The proposed agreement is legally sufficient for Board action. JAK ,"_ FISCAL IMPACT: Funding for reimbursement of the fence construction is available in Fund 325 Lely Area Stormwater Improvement Project (Project No. 51101). The source of funding is ad valorem taxes. Agenda Item No. 16616 December 2, 2008 Page 2 of 9 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and NLCC, a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area, authorize the chairman to execute the agreement and approve any budget amendments necessary to fulfill the agreement. Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Section Attachment: (1) Park Exhibit, (2) Agreement Page 1 of2 Agenda Item No. 16B 16 December 2, 2008 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B16 Recommendation to obtain Board approval to pursue an agreement between Collier County and Naples Lakes Country Club Homeowners Association, Inc., a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area Meeting Date: 121212008 90000 AM Approved By Margaret A. Bishop Project Manager Date Transportation Services Stormwater Management 111131200812:30 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 11113120082:53 PM A pproved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/14120081:30 PM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 11114120081:37 PM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 11114120084:29 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 11/14120084:32 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11117120088:59 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 11117120083:03 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 11119/20084:24 PM file,//C.\A"enrl~Te,t\Fxn()rt\ 117-0ec.emher%?0? %?O?OOR\ Iii %?()(,ON"FNT%?OA(;FN Ill? 'iI?OOR Page 2 of2 Agenda Item No. 16816 December 2, 2008 Page 4 of 9 Approved By Leo E. Ochs, Jr, Board of County Commissioners Deputy County Manager Date County Manager's Office 11/20/20084:28 PM fiJe://C:IAgenrbTestIFxnnrtl 117-necemher%?O? %?mOORI Iii %?OrON<;FNT%?OA(;FN 11 n'inOOR (0 co'" ~o_ .-a')O 0 N", N'" '-'~Ol Z",rn .eeL EE "'''' ,""u ro'" ,,0 " '" Ol <( lOot H~tJTfM."93>1 r.>>Ir.) ),.lW'ttJOO.J.OHd llf1tJ3lt 3.l1S €* Agenda Item No. 16B16 December 2, 2008 Page 6 of 9 AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2008 by and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a F10lida corporation (hereinafter "Association''), whose mailing adilless is 4784 Inverness Club Drive, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Flolida 34112 WHEREAS, County is enhancing two palcels of land totaling 109.3 acres in Sections 9 and 15, Township 50 South, Range 26 East, in Collier County, Florida as mitigation of the Lely Area Stonnwater Improvement Project; and WHEREAS, thc cnhancement consists of treatment of exotics, supplemental planting of selected wetland areas and long telm maintenance; and WHEREAS, the County also desires to improve the property to include a pathway, parking facility, observation platform and vegetation management plan; and WHEREAS, at the request of Association, County agrees to fund the installation of a 6- foot chain link fence, decorative fence, smub or a combination of fence and smub a distance of 3000 linear feet on the northern end of Association's property. NOW THEREFORE, in consideration of thc abovc prcmises which are incorpoIated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The Association shall install and maintain a 6-foot chain link fence, decoIative fence, shrub or a combination of fence and smub a distance of 3000 linear feet on the northern end of Association's property 2 The Association shall be responsible for obtaining all required permits for the installation of the fence, decorative fence, smub or a combination of fence and shrub prior to commencement of installation of the fence, decorative fence, shrub or a combination of fence and smub 3 The County will pay the Association upon completion of the fence, decorative fence, smub or a combination of fence and shrub installation in accordance with the following: A The County shall pay the Association thc actual cost of the fence, decorative fimce, smub or a combination offence and smub up to the sum of$47,500. Said reimbursement shall be made within thirty (30) days of receipt and approval by the County ofappropriare vcrification as stated helow Page I of 4 Agenda Item No. 16B 16 December 2, 2008 Page 7 of 9 B. The Association 01' its designee, shall: (a) provide the County copies of all invoices 01' other doc\llIlentation fm approval Payment(s) shall be approved upon satisfactmy review by the County. (b) provide a letter from the Association, signed by the President, stating that the fence, decmutive fence, sluub 01' combination of fence and shrub has been installed to the satisfaction of the Association and requesting the County to reimburse the Association for the invoice(s) for purposes specified in paragraph I In no way shall the amount to be paid exceed $47,500 C The Association shall obtain at least three (3) written price quotes fr'Om vendors qualified in installing chain link fences, decorative fences, andlor shrubs and shall select its preferred top three (3) quotes based upon price, reputation of the vendors and other relevant criteria The Association will accept the written quote provided by the lowest bidder ofthe top three (3) quotes selected by the Association. D Association will provide copies of the written price quotes to County upon submission of its final billing doc\llIlcnts following installation ofthe fence and/or shrub(s) County shall not be responsible for paying vendors and shall not be involved in the selection of subcontractms 01' vendors. Association agr-ees to disclose any rclationship between Association and the subcontractors or vendors, including, but not limited to, similar 01' related employees, agents, officers, directors, shareholders and/or members 4. Association shall maintain records, books, documents, papers and financial information pertaining to wmk performed under this Agreement Association agrees that the County, or any of its duly authmized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of the Association involving transactions related to this Agreement 5.. Association shall not assign, convey, or transfer in whole 01' in part its interest in this Agreement without the prior written consent of the County 6. County shall not be rcsponsible for maintenance of the fence, decorative fence, shrub or combination of fence and shrub specified in paragr'aph l. 7 Association agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causcs of action or liabilities including attorney's fees and costs arising fr'Om or in any way cOlmected with the use of the funds 01' the selection, purchase, delivery, installation, maintenance or use ofthe fence by the Association, its agents, employees, membcrs or any third party 8. This Agr'eement is governed and construed in accordance with the laws of the State ofFlmida. Page 2 of4 Agenda Item No. 16616 December 2, 2008 Page 8 of9 9 Any notice required by this Agreement shall be adchessed to the patties at the adch'esses set forth below: IF TO THE ASSOCLA..IION: Naples Lakes Country Club Homeowners Association, Inc 4784 Inverness Club Drive Naples, FL 34112 IF TO THE COUNTY: Collier County c/o Margaret A Bishop, P E Stormwater Management Section 2885 South Horseshoe Drive Naples, FL 34104 10 Ihis Agreement shall become effective upon approval by the Collier County Board of Commissioners and shall remain effective for one year The Association may request an extension of this term in writing at least thitty (30) days prior to the expiration of this Agreement, and the County may agIee by amendment to this AgIeement to extend the term for an additional one year. I I This AgIeement represents the entite AgIeement between the patties, and no promise, representation, wananty or covenant not included in this AgIeement or any such referenced agIeements has been or is being relied upon by either party, No modification or amendment ofthis AgIeement shall be of any force or effect unless made in writing and executed and dated by both parties IN WITNESS WHEREOF, the parties have caused this AgIeement to be duly executed on the day and yeat first above wtitten ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Page3 01"4 Agenda Item No. 16B16 December 2, 2008 Page 9 of 9 Witnesses: NAPLESLAKESCOUNIYCLUB HOMEO\VNERS ASSOCIA nON, INe. Sign: By: , President Print name: Sign: !':rint name: Jeffre Count At atzkow ney Page 4 of4